[ ] is old law to be omitted.
LBD12673-03-0
S. 7508--B 2 A. 9508--B
chapter 21 of the laws of 2003, amending the executive law relating to
permitting the secretary of state to provide special handling for all
documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to
extending the effectiveness thereof (Part R); to amend the general
business law, in relation to prohibiting pricing of goods and services
on the basis of gender (Part S); intentionally omitted (Part T); to
amend the state law, in relation to making changes to the arms of the
state (Part U); to amend the executive law, the real property law and
the general business law, in relation to qualifications for appoint-
ment and employment (Part V); to amend the real property law, in
relation to home inspection professional licensing (Part W); inten-
tionally omitted (Part X); to authorize utility and cable television
assessments that provide funds to the department of health from cable
television assessment revenues and to the department of agriculture
and markets, department of environmental conservation, department of
state, and the office of parks, recreation and historic preservation
from utility assessment revenues; and providing for the repeal of such
provisions upon expiration thereof (Part Y); intentionally omitted
(Part Z); intentionally omitted (Part AA); intentionally omitted (Part
BB); to amend chapter 584 of the laws of 2011, amending the public
authorities law relating to the powers and duties of the dormitory
authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, in relation to the effectiveness
thereof (Part CC); to amend the infrastructure investment act, in
relation to requiring certain contracts to comply with service-disa-
bled veteran-owned business enterprises, negotiating prices in certain
lump-sum contracts, referencing certain sections of law and providing
for a date of repeal (Part DD); to amend the New York state urban
development corporation act, in relation to extending the authority of
the New York state urban development corporation to administer the
empire state economic development fund (Part EE); to amend chapter 393
of the laws of 1994 amending the New York state urban development
corporation act, relating to the powers of the New York state urban
development corporation to make loans, in relation to extending the
general loan powers of the New York state urban development corpo-
ration (Part FF); to amend the economic development law, in relation
to economic transformation program eligibility (Part GG); to authorize
the New York state energy research and development authority to
finance a portion of its research, development and demonstration,
policy and planning, and Fuel NY program, as well as climate change
related expenses of the department of environmental conservation and
the department of agriculture and markets' Fuel NY program, from an
assessment on gas and electric corporations (Part HH); to amend the
labor law, in relation to the definition of farm laborer and labor
practices for farm laborers (Part II); to amend the general municipal
law, in relation to procurement procedures for school districts in
relation to New York state products (Part JJ); to amend the public
authorities law, in relation to the water pollution control revolving
fund and the drinking water revolving fund (Part KK); intentionally
omitted (Part LL); to amend the financial services law, in relation to
student debt consultants (Part MM); intentionally omitted (Part NN);
intentionally omitted (Part OO); to amend the environmental conserva-
tion law, in relation to expanded polystyrene foam container and
polystyrene loose fill packaging ban; to amend the state finance law,
in relation to moneys collected for violations of the expanded polys-
S. 7508--B 3 A. 9508--B
tyrene foam container and polystyrene loose fill packaging ban;
and providing for the repeal of certain provisions upon expiration
thereof (Part PP); authorizing the creation of state debt in the
amount of three billion dollars, in relation to creating the environ-
mental bond act of 2020 "restore mother nature" for the purposes of
environmental improvements that preserve, enhance, and restore New
York's natural resources and reduce the impact of climate change; and
providing for the submission to the people of a proposition or ques-
tion therefor to be voted upon at the general election to be held in
November, 2020 (Part QQ); to amend the environmental conservation law
and the state finance law, in relation to the implementation of the
environmental bond act of 2020 "restore mother nature" (Part RR);
intentionally omitted (Part SS); intentionally omitted (Part TT); to
authorize the county of Nassau, to permanently and temporarily convey
certain easements and to temporarily alienate certain parklands
(Subpart A); to authorize the village of East Rockaway, county of
Nassau, to permanently and temporarily convey certain easements and to
temporarily alienate certain parklands (Subpart B); and to authorize
the village of Rockville Centre, county of Nassau, to permanently and
temporarily convey certain easements and to temporarily alienate
certain parklands (Subpart C) (Part UU); intentionally omitted (Part
VV); to amend the environmental conservation law, in relation to
banning fracking (Part WW); to amend the vehicle and traffic law, in
relation to bicycles with electric assist and electric scooters (Part
XX); to amend chapter 62 of the laws of 2003, amending the vehicle and
traffic law and other laws relating to increasing certain motor vehi-
cle transaction fees, in relation to the effectiveness thereof; and to
amend chapter 84 of the laws of 2002, amending the state finance law
relating to the costs of the department of motor vehicles, in relation
to the effectiveness thereof (Part YY); to amend the vehicle and traf-
fic law, in relation to the acceptance of applications for accident
prevention and pre-licensing internet courses; and to amend chapter
751 of the laws of 2005, amending the insurance law and the vehicle
and traffic law relating to establishing the accident prevention
course internet technology pilot program, in relation to the effec-
tiveness thereof (Part ZZ); intentionally omitted (Part AAA); inten-
tionally omitted (Part BBB); intentionally omitted (Part CCC); inten-
tionally omitted (Part DDD); to amend the New York Buy American Act,
in relation to the report to be provided and to making such provisions
permanent (Part EEE); to amend the labor law, in relation to prevail-
ing wage requirements (Part FFF); intentionally omitted (Part GGG);
intentionally omitted (Part HHH); to amend the New York state urban
development corporation act, in relation to the corporations' authori-
zation to provide financial and technical assistance to community
development financial institutions (Part III); to amend the public
service law, the executive law, the public authorities law, the envi-
ronmental conservation law and the state finance law, in relation to
accelerating the growth of renewable energy facilities to meet crit-
ical state energy policy goals; and providing for the repeal of such
provisions upon expiration thereof (Part JJJ); to amend the economic
development law, in relation to extending the application deadline for
businesses to participate in the START-UP NY program (Part KKK); to
amend the public authorities law, in relation to authorizing the
metropolitan transportation authority to borrow money and issue nego-
tiable notes, bonds or other obligations to offset decreases in reven-
ue; and providing for the repeal of certain provisions upon expiration
S. 7508--B 4 A. 9508--B
thereof (Part LLL); to amend the public authorities law, in relation
to the central business district tolling lockbox fund (Part MMM); to
amend the mental hygiene law, in relation to admission to residential
treatment facilities (RTF) for children and youth (Part NNN); to
authorize the transfer of certain office of mental health employees to
the secure treatment rehabilitation center (Part OOO); to amend the
mental hygiene law, in relation to the amount of time an individual
may be held for emergency observation, care, and treatment in CPEP and
the implementation of satellite sites; to amend chapter 723 of the
laws of 1989 amending the mental hygiene law and other laws relating
to comprehensive psychiatric emergency programs, in relation to the
effectiveness of certain provisions thereof; and to repeal paragraphs
4 and 8 of subdivision (a) and subdivision (i) of section 31.27 of the
mental hygiene law, relating thereto (Part PPP); to amend the insur-
ance law, in relation to penalties relating to mental health and
substance use disorder parity compliance requirements; and to amend
the state finance law and the public health law, in relation to estab-
lishing the behavioral health parity compliance fund (Part QQQ); to
amend the mental hygiene law, the social services law and the public
health law, in relation to providers of service (Part RRR); to amend
education law and other laws relating to applied behavior analysis, in
relation to extending the expiration of certain provisions thereof
(Part SSS); to amend part Q of chapter 59 of the laws of 2016, amend-
ing the mental hygiene law relating to the closure or transfer of a
state-operated individualized residential alternative, in relation to
the effectiveness thereof (Part TTT); to amend the state finance law,
in relation to providing funding for the Metropolitan Transportation
Authority 2020-2024 capital program and paratransit operating
expenses; and providing for the repeal of certain provisions upon
expiration thereof (Part UUU); to amend the public authorities law, in
relation to acquisitions or transfers of property for transit
projects; and providing for the repeal of such provisions upon the
expiration thereof (Part VVV); to amend the tax law and the adminis-
trative code of the city of New York, in relation to decoupling from
certain federal tax changes (Part WWW); to amend chapter 492 of the
laws of 1993 amending the local finance law relating to installment
loans and obligations evidencing installment loans, in relation to
extending the effectiveness thereof (Item A); to amend chapter 581 of
the laws of 2005 amending the local finance law relating to statutory
installment bonds, in relation to extending the effectiveness thereof
(Item B); to amend chapter 629 of the laws of 2005, amending the local
finance law relating to refunding bonds, in relation to extending the
effectiveness thereof (Item C); to amend chapter 307 of the laws of
2005, amending the public authorities law relating to the special
powers of the New York state environmental facilities corporation, in
relation to extending the effectiveness thereof (Item D); to amend the
environmental conservation law, in relation to extending the authority
of the department of environmental conservation to manage Atlantic and
shortnose sturgeon (Item E); to amend the environmental conservation
law, in relation to extending the authority of the department of envi-
ronmental conservation to manage Atlantic Cod (Item F); to amend the
environmental conservation law, in relation to extending the authority
of the department of environmental conservation to manage Atlantic
herring (Item G); to amend the environmental conservation law, in
relation to extending the authority of the department of environmental
conservation to manage black sea bass (Item H); to amend the environ-
S. 7508--B 5 A. 9508--B
mental conservation law, in relation to extending the authority of the
department of environmental conservation to manage blueback
herring(Item I); to amend the environmental conservation law, in
relation to extending the authority of the department of environmental
conservation to manage crabs (Item J); to amend the environmental
conservation law, in relation to extending the authority of the
department of environmental conservation to restrict the taking of
fish, shellfish and crustacea in special management areas (Item K); to
amend the environmental conservation law, in relation to extending the
authority of the department of environmental conservation to manage of
fluke-summer flounder (Item L); to amend the environmental conserva-
tion law, in relation to extending the authority of the department of
environmental conservation to manage scup (Item M); to amend the envi-
ronmental conservation law, in relation to extending the authority of
the department of environmental conservation to manage sharks (Item
N); to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conserva-
tion to manage squid (Item O); to amend the environmental conservation
law, in relation to extending the authority of the department of envi-
ronmental conservation to manage whelk and conch (Item P); to amend
the environmental conservation law, in relation to extending the
authority of the department of environmental conservation to manage
winter flounder (Item Q); and to amend the environmental conservation
law, in relation to commercial fishing licenses (Item R)(Subpart A);
to authorize certain health care professionals licensed to practice in
other jurisdictions to practice in this state in connection with an
event sanctioned by the World Triathlon Corporation; and providing for
the repeal of such provisions upon expiration thereof (Item A); to
amend chapter 510 of the laws of 2013, authorizing the city of Middle-
town to enter into a contract to sell or pledge as collateral for a
loan some or all of the delinquent liens held by such city to a
private party or engage a private party to collect some or all of the
delinquent tax liens held by it, in relation to the effectiveness
thereof (Item B); redistributing bond volume allocations made pursuant
to section 146 of the federal tax reform act of 1986, relating to
allocation of the unified state bond volume ceiling, and enacting the
private activity bond allocation act of 2020; and providing for the
repeal of certain provisions upon expiration thereof (Item C); to
amend chapter 448 of the laws of 2017, amending the canal law relating
to the upstate flood mitigation task force, in relation to extending
the effectiveness thereof (Item D); intentionally omitted (Item E);
intentionally omitted (Item F); intentionally omitted (Item G); inten-
tionally omitted (Item H); intentionally omitted (Item I); inten-
tionally omitted (Item J); to amend chapter 454 of the laws of 2010,
amending the vehicle and traffic law relating to authorizing a pilot
residential parking permit system in the city of Albany, in relation
to the effectiveness thereof (Item K); to amend chapter 465 of the
laws of 1994, amending chapter 285 of the laws of 1891 relating to
charging a fee for admission to the New York Botanical Garden, in
relation to the effectiveness thereof (Item L); to amend chapter 414
of the laws of 2018, creating the radon task force, in relation to the
reporting date and effectiveness thereof (Item M); to amend chapter
435 of the laws of 2014 amending the environmental conservation law
relating to defining spearguns and allowing recreational spearfishing
in New York's marine and coastal waters, in relation to extending the
effectiveness thereof (Item N); to amend chapter 330 of the laws of
S. 7508--B 6 A. 9508--B
2014, amending the environmental conservation law relating to aquatic
invasive species, spread prevention, and penalties, in relation to the
effectiveness thereof (Item O); to amend chapter 104 of the laws of
2005, enacting the September 11th worker protection task force act, in
relation to extending the expiration of such chapter (Item P); to
amend chapter 266 of the laws of 1981, amending the civil practice law
and rules relating to time limitations, in relation to extending time
limitations for certain actions (Item Q); to amend chapter 455 of the
laws of 1997 amending the New York city civil court act and the civil
practice law and rules relating to authorizing New York city marshals
to exercise the same functions, powers and duties as sheriffs with
respect to the execution of money judgments, in relation to extending
the effectiveness of such chapter (Item R); to amend chapter 490 of
the laws of 2017 amending the insurance law relating to limits on
certain supplementary insurance, in relation to extending the
provisions thereof (Item S); to amend the local finance law, in
relation to the sale of municipal obligations by the county of Erie
(Item T); to amend chapter 846 of the laws of 1970, amending the coun-
ty law relating to payment in lieu of taxes for property acquired for
park or recreational purposes, in relation to extending the term of
effectiveness of such chapter (Item U); to amend chapter 821 of the
laws of 1970 amending the town law relating to payment in lieu of
taxes for property acquired for park or recreational purposes by the
town of Hempstead, in relation to the term of effectiveness of such
chapter (Item V); to amend chapter 20 of the laws of 1998, amending
the education law relating to the provision of physical therapy
assistant services in public and private primary and secondary
schools, in relation to extending the effectiveness of such chapter
(Item W); to amend chapter 549 of the laws of 1994, amending the
public authorities law relating to the membership composition of the
metropolitan transportation authority board, in relation to extending
the effectiveness of such provisions (Item X); to amend chapter 62 of
the laws of 2003, amending the public service law relating to estab-
lishing the New York telecommunications relay service center, in
relation to extending certain provisions of such center (Item Y); to
amend chapter 55 of the laws of 2014, amending the real property tax
law relating to the tax abatement and exemption for rent regulated and
rent controlled property occupied by senior citizens, in relation to
the effectiveness thereof; and to amend chapter 129 of the laws of
2014, amending the real property tax law relating to the tax abatement
and exemption for rent regulated and rent controlled property occupied
by persons with disabilities, in relation to the effectiveness thereof
(Item Z); to amend chapter 427 of the laws of 2017 amending the state
technology law relating to the creation of a state information tech-
nology innovation center, in relation to extending the provisions
thereof (Item AA); to amend chapter 606 of the laws of 2006 amending
the volunteer firefighters' benefit law relating to creating a
presumption relating to certain lung disabilities incurred by volun-
teer firefighters, in relation to the effectiveness of such chapter
(Item BB); to amend chapter 668 of the laws of 1977, amending the
volunteer firefighters' benefit law relating to disability due to
disease or malfunction of the heart or coronary arteries, in relation
to extending the expiration of such provisions (Item CC); to amend
chapter 217 of the laws of 2015, amending the education law relating
to certified school psychologists and special education services and
programs for preschool children with handicapping conditions, in
S. 7508--B 7 A. 9508--B
relation to the effectiveness thereof (Item DD); to amend chapter 192
of the laws of 2011, relating to authorizing certain health care
professionals licensed to practice in other jurisdictions to practice
in this state in connection with an event sanctioned by New York Road
Runners, in relation to extending the provisions thereof (Item EE); to
amend chapter 378 of the laws of 2010 amending the education law
relating to paperwork reduction, in relation to extending the
provisions thereof (Item FF); to amend the local finance law, in
relation to bonds and notes of the city of Yonkers (Item GG); to amend
the local finance law, in relation to the sale of bonds and notes of
the city of Buffalo (Item HH); to amend chapter 401 of the laws of
2002, amending the real property tax law and the Nassau county admin-
istrative code relating to assessment and review of assessments in the
county of Nassau, in relation to extending certain provisions thereof
(Item II); to amend the insurance law, in relation to extending
provisions of the property/casualty insurance availability act (Item
JJ); to amend chapter 548 of the laws of 2004 amending the education
law relating to certain tuition waivers for police officer students of
the city university of New York, in relation to extending the
provisions of such chapter (Item KK); to amend part U of chapter 56 of
the laws of 2018, amending the education law relating to requiring
regulations to permit tuition waivers for certain firefighters and
fire officers for CUNY, in relation to the effectiveness thereof (Item
LL); to amend chapter 274 of the laws of 2010 amending the environ-
mental conservation law relating to repair of damaged pesticide
containers, in relation to the effectiveness thereof (Item MM); to
amend the environmental conservation law, in relation to pesticide
registration time frames and fees; and to amend chapter 67 of the laws
of 1992, amending the environmental conservation law relating to
pesticide product registration timetables and fees, in relation to the
effectiveness thereof (Item NN); to amend chapter 130 of the laws of
1998, amending the general municipal law relating to temporary invest-
ments by local governments, in relation to extending the expiration of
the provisions thereof (Item OO); to amend chapter 779 of the laws of
1986, amending the social services law relating to authorizing
services for non-residents in adult homes, residences for adults and
enriched housing programs, in relation to extending the effectiveness
of certain provisions thereof (Item PP); to amend the local finance
law, in relation to the sale of bonds and notes of the city of New
York, the issuance of bonds or notes with variable rates of interest,
interest rate exchange agreements of the city of New York, the refund-
ing of bonds, and the down payment for projects financed by bonds; to
amend the New York state financial emergency act for the city of New
York, in relation to a pledge and agreement of the state; and to amend
chapter 142 of the laws of 2004, amending the local finance law relat-
ing to interest rate exchange agreements of the city of New York and
refunding bonds of such city, in relation to the effectiveness thereof
(Item QQ); to amend the racing, pari-mutuel wagering and breeding law,
in relation to certain payments to the horsemen's organization (Item
RR); to amend chapter 237 of the laws of 2015 amending the judiciary
law, the civil practice law and rules and other laws relating to use
of electronic means for the commencement and filing of papers in
certain actions and proceedings, in relation to the effectiveness
thereof (Item SS); to amend chapter 890 of the laws of 1982, relating
to the establishment of certain water charges for hospitals and chari-
ties in New York city, in relation to the effectiveness thereof (Item
S. 7508--B 8 A. 9508--B
TT); to amend chapter 573 of the laws of 2011, amending the correction
law relating to the boarding of out of state inmates at local correc-
tional facilities, in relation to extending the expiration of the
provisions thereof (Item UU); to amend chapter 29 of the laws of 2011
amending the executive law and other laws relating to the adoption of
the interstate compact for juveniles by the state of New York, in
relation to the effectiveness thereof (Item VV); to amend chapter 363
of the laws of 2010, amending the judiciary law relating to granting
the chief administrator of the courts the authority to allow referees
to determine applications for orders of protection during the hours
family court is in session, in relation to the expiration date thereof
(Item WW); to amend the economic development law, in relation to an
advisory panel on employee-owned enterprises within the division of
small business services; and to amend chapter 435 of the laws of 2017
amending the economic development law, relating to establishing an
advisory panel on employee-owned enterprises within the division of
small business services, in relation to the effectiveness thereof
(Item XX); to amend chapter 522 of the laws of 2000, amending the
state finance law and the general business law relating to establish-
ing the underground facilities safety training account, in relation to
the effectiveness thereof (Item YY); to amend chapter 141 of the laws
of 2014 amending the environmental conservation law relating to
authorizing the hunting of big game in the county of Albany with
rifles, in relation to the effectiveness thereof (Item ZZ); to amend
chapter 396 of the laws of 2010 amending the alcoholic beverage
control law relating to liquidator's permits and temporary retail
permits, in relation to the effectiveness of certain provisions there-
of (Item AAA); to amend chapter 473 of the laws of 2010 amending the
racing, pari-mutuel wagering and breeding law relating to the New York
state thoroughbred breeding and development fund, in relation to the
effectiveness thereof (Item BBB); to amend chapter 451 of the laws of
2012, amending the labor law relating to permitted deductions from
wages, in relation to extending the effectiveness of such provisions
(Item CCC); to amend chapter 456 of the laws of 2018 relating to
establishing the digital currency task force, in relation to extending
the provisions of such chapter (Item DDD); to amend chapter 548 of the
laws of 2010, amending the New York city charter relating to authoriz-
ing the city of New York to sell to abutting property owners real
property owned by such city, consisting of tax lots that cannot be
independently developed due to the size, shape, configuration and
topography of such lots and the zoning regulations applicable thereto,
in relation to the effectiveness thereof (Item EEE); to amend chapter
402 of the laws of 1994, amending the state administrative procedure
act relating to requiring certain agencies to submit regulatory agen-
das for publication in the state register, in relation to the effec-
tiveness thereof (Item FFF); to amend chapter 378 of the laws of 2014
amending the environmental conservation law relating to the taking of
sharks, in relation to the expiration thereof (Item GGG); to amend
chapter 306 of the laws of 2011, authorizing owners of residential
real property in high risk brush fire areas in the borough of Staten
Island to cut and remove reeds from their property, in relation to
extending the expiration and repeal date thereof for an additional
year (Item HHH); to amend chapter 110 of the laws of 2019, relating to
creating a temporary state commission to study and investigate how to
regulate artificial intelligence, robotics and automation, in relation
to the effectiveness thereof (Item III); to amend the real property
S. 7508--B 9 A. 9508--B
tax law, in relation to the determination of adjusted base proportions
in special assessing units which are cities (Item JJJ); to amend the
real property tax law, in relation to extending limitations on the
shift between classes of taxable property in the town of Orangetown,
county of Rockland (Item KKK); to amend the real property tax law, in
relation to extending limitations on the shift between classes of
taxable property in the town of Clarkstown, county of Rockland (Item
LLL); to amend the real property tax law, in relation to allowing
certain special assessing units other than cities to adjust their
current base proportions, adjusted base proportions for assessment
rolls, and the base proportion in approved assessing units in Nassau
county (Item MMM); to amend the general municipal law and the retire-
ment and social security law, in relation to increasing certain
special accidental death benefits (Item NNN); to amend chapter 633 of
the laws of 2006, amending the public health law relating to the home
based primary care for the elderly demonstration project, in relation
to the effectiveness thereof (Item OOO); to amend chapter 329 of the
laws of 2015 amending the vehicle and traffic law relating to the
residential parking system in the village of Dobbs Ferry in the county
of Westchester, in relation to the effectiveness thereof (Item PPP);
to amend chapter 383 of the laws of 1991, relating to the incorpo-
ration of the New York Zoological Society, in relation to extending
the expiration date of free one day admission to the zoological park
(Item QQQ); to amend the real property tax law, in relation to
increasing the average assessed value threshold and to eligibility for
J-51 tax abatements (Item RRR); to amend chapter 831 of the laws of
1981, amending the labor law relating to fees and expenses in unem-
ployment insurance proceedings, in relation to the effectiveness ther-
eof (Item SSS); to amend the insurance law, in relation to extending
authorization for certain exemptions from filing requirements (Item
TTT); and to amend the tax law and the administrative code of the city
of New York, in relation to extending the tax rate reduction under the
New York state real estate transfer tax and the New York city real
property transfer tax for conveyances of real property to existing
real estate investment funds (Item UUU)(Subpart B); to amend the tax
law, in relation to the imposition of sales and compensating use taxes
by the county of Albany (Item A); to amend the tax law, in relation to
extending the expiration of the provisions authorizing the county of
Allegany to impose an additional one and one-half percent sales and
compensating use taxes (Item B); to amend the tax law, in relation to
extending the authorization of the county of Broome to impose an addi-
tional one percent of sales and compensating use taxes (Item C); to
amend the tax law, in relation to extending the expiration of
provisions authorizing the county of Cattaraugus to impose an addi-
tional one percent of sales and compensating use tax (Item D); to
amend the tax law, in relation to extending the authorization of the
county of Cayuga to impose an additional one percent of sales and
compensating use taxes (Item E); to amend the tax law, in relation to
authorizing Chautauqua county to impose an additional one percent rate
of sales and compensating use taxes (Item F); to amend the tax law, in
relation to extending the authorization of the county of Chemung to
impose an additional one percent of sales and compensating use taxes
(Item G); to amend the tax law, in relation to extending the authority
of Chenango county to impose additional taxes (Item H); to amend the
tax law, in relation to extending the expiration of the authorization
granted to the county of Clinton to impose an additional rate of sales
S. 7508--B 10 A. 9508--B
and compensating use tax (Item I); to amend the tax law, in relation
to sales and compensating use tax in Columbia county (Item J); to
amend the tax law, in relation to extending the authorization for
imposition of additional sales tax in the county of Cortland (Item K);
to amend the tax law, in relation to extending the authorization of
the county of Delaware to impose an additional one percent of sales
and compensating use taxes (Item L); to amend the tax law, in relation
to sales and compensating use tax in Dutchess county (Item M); to
amend the tax law, in relation to the imposition of additional rates
of sales and compensating use taxes by Erie county (Item N); to amend
the tax law, in relation to extending the authorization granted to the
county of Essex to impose an additional one percent of sales and
compensating use taxes (Item O); to amend the tax law, in relation to
extending the expiration of the authority granted to the county of
Franklin to impose an additional one percent of sales and compensating
use taxes (Item P); to amend the tax law, in relation to the imposi-
tion of additional sales and compensating use tax in Fulton county
(Item Q); to amend the tax law, in relation to extending the expira-
tion of the authorization to the county of Genesee to impose an addi-
tional one percent of sales and compensating use taxes (Item R); to
amend the tax law, in relation to extending the authorization for
imposition of additional sales and compensating use taxes in Greene
county (Item S); to amend the tax law, in relation to extending the
authorization of the county of Hamilton to impose an additional one
percent of sales and compensating use taxes (Item T); to amend the tax
law, in relation to extending the period during which the county of
Herkimer is authorized to impose additional sales and compensating use
taxes (Item U); to amend the tax law, in relation to authorizing the
county of Jefferson to impose additional sales tax (Item V); to amend
the tax law, in relation to authorizing the county of Lewis to impose
an additional one percent of sales and compensating use taxes (Item
W); to amend the tax law, in relation to authorizing the county of
Livingston to impose an additional one percent sales tax (Item X); to
amend the tax law, in relation to extending the authorization of the
county of Madison to impose an additional rate of sales and compensat-
ing use taxes (Item Y); to amend the tax law, in relation to the impo-
sition of sales and compensating use taxes by the county of Monroe
(Item Z); to amend the tax law, in relation to the imposition of sales
and compensating use taxes in Montgomery county (Item AA); to amend
the tax law, in relation to extending the authority of the county of
Nassau to impose additional sales and compensating use taxes, and
extending local government assistance programs in Nassau county (Item
BB); to amend the tax law, in relation to continuing to authorize
Niagara county to impose an additional rate of sales and compensating
use taxes (Item CC); to amend the tax law, in relation to authorizing
Oneida county to impose additional rates of sales and compensating use
taxes and providing for allocation and distribution of a portion of
net collections from such additional rates (Item DD); to amend the tax
law, in relation to extending the authorization of the county of Onon-
daga to impose an additional rate of sales and compensating use taxes
(Item EE); to amend the tax law, in relation to extending the authori-
zation for Ontario county to impose additional rates of sales and
compensating use taxes (Item FF); to amend the tax law, in relation to
extending the authority of the county of Orange to impose an addi-
tional rate of sales and compensating use taxes (Item GG); to amend
the tax law, in relation to extending the period during which the
S. 7508--B 11 A. 9508--B
county of Orleans is authorized to impose additional rates of sales
and compensating use taxes (Item HH); to amend the tax law, in
relation to extending authorization for an additional one percent
sales and compensating use tax in the county of Oswego (Item II); to
amend the tax law, in relation to extending the authorization for
imposition of additional sales tax in the county of Otsego (Item JJ);
to amend the tax law, in relation to the imposition of sales and
compensating use taxes in the county of Putnam (Item KK); to amend the
tax law, in relation to extending the authorization of the county of
Rensselaer to impose an additional one percent of sales and compensat-
ing use taxes (Item LL); to amend the tax law, in relation to author-
izing the county of Rockland to impose an additional rate of sales and
compensating use taxes (Item MM); to amend the tax law, in relation to
extending the authority of St. Lawrence county to impose sales tax
(Item NN); to amend the tax law, in relation to the imposition of
sales and compensating use tax in Schenectady county (Item OO); to
amend the tax law, in relation to extending the authorization for
imposition of additional sales tax in the county of Schoharie (Item
PP); to amend the tax law, in relation to extending the authorization
of the county of Schuyler to impose an additional one percent of sales
and compensating use taxes (Item QQ); to amend the tax law, in
relation to extending the expiration of the authorization to the coun-
ty of Seneca to impose an additional one percent sales and compensat-
ing use tax (Item RR); to amend the tax law, in relation to extending
the authorization of the county of Steuben to impose an additional one
percent of sales and compensating use taxes (Item SS); to amend the
tax law, in relation to extending the authority of the county of
Suffolk to impose an additional one percent of sales and compensating
use tax (Item TT); to amend the tax law, in relation to extending
authorization to impose certain taxes in the county of Sullivan (Item
UU); to amend the tax law, in relation to extending the authorization
of the county of Tioga to impose an additional one percent of sales
and compensating use taxes (Item VV); to amend the tax law, in
relation to extending the authorization of the county of Tompkins to
impose an additional one percent of sales and compensating use taxes
(Item WW); to amend the tax law and chapter 200 of the laws of 2002
amending the tax law relating to certain tax rates imposed by the
county of Ulster, in relation to extending the authority of the county
of Ulster to impose an additional 1 percent sales and compensating use
tax (Item XX); to amend the tax law, in relation to extending the
additional one percent sales tax for Wayne county (Item YY); to amend
the tax law, in relation to extending the expiration of the authori-
zation to the county of Wyoming to impose an additional one percent
sales and compensating use tax (Item ZZ); to amend the tax law, in
relation to extending the authorization of the county of Yates to
impose an additional one percent of sales and compensating use taxes
(Item AAA); to amend the tax law, in relation to extending the author-
ization of the city of Oswego to impose an additional tax rate of
sales and compensating use taxes (Item BBB); to amend the tax law, in
relation to authorizing the city of Yonkers to impose additional sales
tax; and to amend chapter 67 of the laws of 2015, amending the tax law
relating to authorizing the city of Yonkers to impose additional sales
tax, in relation to extending provisions relating thereto (Item CCC);
to amend the tax law, in relation to extending the authorization of
the city of New Rochelle to impose an additional sales and compensat-
ing use tax (Item DDD); and to amend the tax law, in relation to
S. 7508--B 12 A. 9508--B
revising the period of authorization for the county of Westchester's
additional one percent rate of sales and compensating use tax and the
expiration of the Westchester county spending limitation act; to amend
chapter 272 of the laws of 1991, amending the tax law relating to the
method of disposition of sales and compensating use tax revenue in
Westchester county and enacting the Westchester county spending limi-
tation act, in relation to revising the period of authorization for
the county of Westchester's additional one percent rate of sales; and
to amend chapter 44 of the laws of 2019, amending the tax law relating
to authorizing the county of Westchester to impose an additional rate
of sales and compensating use tax, in relation to extending the
authorization for the county of Westchester impose an additional tax
rate of sales and compensating use taxes (Item EEE)(Subpart C); to
amend the tax law, in relation to extending the authority of the coun-
ty of Nassau to impose hotel and motel taxes in Nassau county; and to
amend chapter 179 of the laws of 2000, amending the tax law, relating
to hotel and motel taxes in Nassau county and a surcharge on tickets
to places of entertainment in such county, in relation to extending
certain provisions thereof (Item A); to amend chapter 405 of the laws
of 2007, amending the tax law relating to increasing hotel/motel taxes
in Chautauqua county, in relation to extending the expiration of such
provisions (Item B); to amend the tax law, in relation to extending
the expiration of the authority granted to the county of Suffolk to
impose hotel and motel taxes (Item C); and to amend chapter 105 of the
laws of 2009, amending chapter 693 of the laws of 1980 enabling the
county of Albany to impose and collect taxes on occupancy of hotel or
motel rooms in Albany county relating to revenues received from the
collection of hotel or motel occupancy taxes, in relation to the
effectiveness thereof (Item D) (Subpart D); to amend chapter 333 of
the laws of 2006 amending the tax law relating to authorizing the
county of Schoharie to impose a county recording tax on obligation
secured by a mortgage on real property, in relation to extending the
effectiveness thereof (Item A); to amend chapter 326 of the laws of
2006, amending the tax law relating to authorizing the county of
Hamilton to impose a county recording tax on obligations secured by
mortgages on real property, in relation to extending the expiration
thereof (Item B); to amend chapter 489 of the laws of 2004, amending
the tax law relating to the mortgage recording tax in the county of
Fulton, in relation to the effectiveness of such chapter (Item C); to
amend the tax law, in relation to extending the expiration of the
mortgage recording tax imposed by the city of Yonkers (Item D); to
amend chapter 443 of the laws of 2007 amending the tax law relating to
authorizing the county of Cortland to impose an additional mortgage
recording tax, in relation to extending the effectiveness of such
provisions (Item E); to amend chapter 579 of the laws of 2004, amend-
ing the tax law relating to authorizing the county of Genesee to
impose a county recording tax on obligation secured by a mortgage on
real property, in relation to extending the provisions of such chapter
(Item F); to amend chapter 366 of the laws of 2005 amending the tax
law relating to authorizing the county of Yates to impose a county
recording tax on obligations secured by a mortgage on real property,
in relation to extending the provisions of such chapter (Item G); to
amend chapter 365 of the laws of 2005, amending the tax law relating
to the mortgage recording tax in the county of Steuben, in relation to
extending the provisions of such chapter (Item H); to amend chapter
405 of the laws of 2005 amending the tax law relating to authorizing
S. 7508--B 13 A. 9508--B
the county of Albany to impose a county recording tax on obligations
secured by a mortgage on real property, in relation to extending the
effectiveness thereof (Item I); intentionally omitted (Item J); inten-
tionally omitted (Item K); to amend chapter 218 of the laws of 2009
amending the tax law relating to authorizing the county of Greene to
impose an additional mortgage recording tax, in relation to extending
the effectiveness thereof (Item L); to amend chapter 368 of the laws
of 2008, amending the tax law relating to authorizing the county of
Warren to impose an additional mortgage recording tax, in relation to
extending the effectiveness thereof (Item M); and to amend chapter 549
of the laws of 2005 amending the tax law relating to authorizing the
county of Herkimer to impose a county recording tax on obligation
secured by a mortgage on real property, in relation to the expiration
thereof (Item N)(Subpart E); to amend chapter 556 of the laws of 2007
amending the tax law relating to imposing an additional real estate
transfer tax within the county of Columbia, in relation to the effec-
tiveness thereof (Subpart F); to amend the tax law, the administrative
code of the city of New York, chapter 877 of the laws of 1975, chapter
884 of the laws of 1975 and chapter 882 of the laws of 1977, relating
to the imposition of certain taxes in the city of New York, in
relation to postponing the expiration of certain tax rates and taxes
in the city of New York (Subpart G); and to amend the tax law and part
C of chapter 2 of the laws of 2005 amending the tax law relating to
exemptions from sales and use taxes, in relation to extending certain
provisions thereof; to amend the general city law and the administra-
tive code of the city of New York, in relation to extending certain
provisions relating to specially eligible premises and special
rebates; to amend the administrative code of the city of New York, in
relation to extending certain provisions relating to exemptions and
deductions from base rent; to amend the real property tax law, in
relation to extending certain provisions relating to eligibility peri-
ods and requirements; to amend the real property tax law, in relation
to extending certain provisions relating to eligibility periods and
requirements, benefit periods and applications for abatements; and to
amend the administrative code of the city of New York, in relation to
extending certain provisions relating to a special reduction in deter-
mining the taxable base rent (Item A); to amend the real property tax
law, in relation to extending the expiration of the solar electric
generating system and the electric energy storage equipment tax abate-
ment (Item B); to amend chapter 54 of the laws of 2016, amending
part C of chapter 58 of the laws of 2005 relating to authorizing
reimbursements for expenditures made by or on behalf of social
services districts for medical assistance for needy persons and admin-
istration thereof, in relation to the effectiveness thereof (Item
C); to amend part D of chapter 58 of the laws of 2016, relating to
repealing certain provisions of the state finance law relating to the
motorcycle safety fund, in relation to the effectiveness of certain
provisions of such part (Item D); and to amend chapter 589 of the laws
of 2015, amending the insurance law relating to catastrophic or rein-
surance coverage issued to certain small groups, in relation to the
effectiveness thereof; and to amend chapter 588 of the laws of 2015,
amending the insurance law relating to catastrophic or reinsurance
coverage issued to certain small groups, in relation to the effective-
ness thereof (Item E)(Subpart H)(Part XXX); to amend the vehicle and
traffic law, in relation to the disclosure of certain records by the
commissioner of motor vehicles (Part YYY); and to amend the election
S. 7508--B 14 A. 9508--B
law, in relation to public financing for state office; to amend the
state finance law, in relation to establishing the New York state
campaign finance fund; and to amend the tax law, in relation to estab-
lishing the NYS campaign finance fund check-off (Part ZZZ)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the
2020--2021 state fiscal year. Each component is wholly contained within
a Part identified as Parts A through ZZZ. The effective date for each
particular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
way law, as amended by section 2 of subpart B of part C of chapter 97 of
the laws of 2011, is amended to read as follows:
(e) Funds allocated for local street or highway projects under this
subdivision shall be used to undertake work on a project either with the
municipality's own forces or by contract, provided however, that whenev-
er the estimate for the construction contract work exceeds one hundred
thousand dollars but does not exceed [two] THREE hundred fifty thousand
dollars such work must be performed either with the municipality's own
forces or by contract let by competitive bid in accordance with the
provisions of section one hundred three of the general municipal law and
provided further, however, that whenever the estimate for the
construction contract work exceeds [two] THREE hundred fifty thousand
dollars such work must be performed by contract let by competitive bid
in accordance with the provisions of section one hundred three of the
general municipal law.
§ 2. Subdivision 6 of section 234 of the transportation law, as
amended by chapter 369 of the laws of 1979, is amended to read as
follows:
6. for local street or highway projects, to undertake the work of the
project either with its own forces or by contract, however, whenever the
estimate for the construction contract work exceeds THREE HUNDRED fifty
thousand dollars such work must be performed by contract let by the
competitive bid process.
§ 3. This act shall take effect immediately.
PART B
Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and
traffic law, as added by chapter 221 of the laws of 2008, are amended to
read as follows:
(g) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
S. 7508--B 15 A. 9508--B
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a motor vehicle registered as a commer-
cial vehicle and having a gross vehicle weight rating of less than
[twenty-six] TEN thousand pounds shall, for a first conviction thereof,
be punished by a fine of not more than two hundred fifty dollars or by
imprisonment of not more than fifteen days or by both such fine and
imprisonment; for a conviction of a second violation, both of which were
committed within a period of eighteen months, such person shall be
punished by a fine of not more than five hundred dollars or by imprison-
ment for not more than forty-five days or by both such fine and impri-
sonment; upon a conviction of a third or subsequent violation, all of
which were committed within a period of eighteen months, such person
shall be punished by a fine of not more than seven hundred fifty dollars
or by imprisonment of not more than ninety days or by both such fine and
imprisonment. Provided, however, the provisions of this subdivision
shall not apply to a commercial motor vehicle as such term is defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter.
(h) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF THIS
SECTION, A PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A VIOLATION OF
ANY ORDINANCE, ORDER, RULE, REGULATION OR LOCAL LAW ADOPTED PURSUANT TO
ONE OR MORE OF THE FOLLOWING PROVISIONS OF THIS CHAPTER: PARAGRAPHS TWO
AND NINE OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED TWENTY-ONE;
SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED THIRTY; OR SUBDIVISION FIVE
OF SECTION SEVENTY-ONE OF THE TRANSPORTATION LAW, PROHIBITING THE OPERA-
TION ON A HIGHWAY OR PARKWAY OF A MOTOR VEHICLE REGISTERED AS A COMMER-
CIAL VEHICLE AND HAVING A GROSS VEHICLE WEIGHT RATING OF AT LEAST TEN
THOUSAND POUNDS BUT NO MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL, FOR A
FIRST CONVICTION THEREOF, BE PUNISHED BY A FINE OF NOT MORE THAN THREE
HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN FIFTEEN DAYS
OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND
VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN
MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN SEVEN
HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR
BY BOTH SUCH FINE AND IMPRISONMENT; UPON A CONVICTION OF A THIRD OR
SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN NINETY
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; PROVIDED, HOWEVER, THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A COMMERCIAL MOTOR
VEHICLE AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
(I) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a commercial motor vehicle as defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter, for a first conviction thereof, be punished by a fine of not
S. 7508--B 16 A. 9508--B
more than [three] SEVEN hundred [fifty] dollars or by imprisonment of
not more than fifteen days or by both such fine and imprisonment; for a
conviction of a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than [seven] ONE THOUSAND FIVE hundred dollars or by imprison-
ment for not more than forty-five days or by both such fine and impri-
sonment; upon a conviction of a third or subsequent violation, all of
which were committed within a period of eighteen months, such person
shall be punished by a fine of not more than [one] TWO thousand dollars
or by imprisonment of not more than ninety days or by both such fine and
imprisonment.
§ 2. Subdivision 18 of section 385 of the vehicle and traffic law, as
amended by chapter 549 of the laws of 1985, is amended, and a new subdi-
vision 18-a is added, to read as follows:
18. Except as provided in [subdivision] SUBDIVISIONS EIGHTEEN-A OR
nineteen of this section, the violation of the provisions of this
section including a violation related to the operation, within a city
not wholly included within one county, of a vehicle which exceeds the
limitations provided for in the rules and regulations of the city
department of transportation of such city, shall be punishable by a fine
of not less than two hundred nor more than five hundred dollars, or by
imprisonment for not more than thirty days, or by both such fine and
imprisonment, for the first offense; by a fine of not less than five
hundred nor more than one thousand dollars, or by imprisonment for not
more than sixty days, or by both such fine and imprisonment, for the
second or subsequent offense; provided that a sentence or execution
thereof for any violation under this subdivision may not be suspended.
For any violation of the provisions of this section, including a
violation related to the operation, within a city not wholly included
within one county, of a vehicle which exceeds the limitations provided
for in the rules and regulations of the city department of transporta-
tion of such city, the registration of the vehicle may be suspended for
a period not to exceed one year whether at the time of the violation the
vehicle was in charge of the owner or his agent. The provisions of
section five hundred ten of this chapter shall apply to such suspension
except as otherwise provided herein.
18-A. A VIOLATION OF THE PROVISIONS OF SUBDIVISIONS TWO OR FOURTEEN OF
THIS SECTION, WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS THE LIMITATIONS
PROVIDED FOR IN THE RULES AND REGULATIONS OF THE CITY DEPARTMENT OF
TRANSPORTATION OF SUCH CITY, SHALL BE PUNISHABLE BY A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE FIRST OFFENSE; BY A
FINE OF NOT MORE THAN TWO THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT
MORE THAN SIXTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE
SECOND OR SUBSEQUENT OFFENSE; PROVIDED THAT A SENTENCE OR EXECUTION
THEREOF FOR ANY VIOLATION UNDER THIS SUBDIVISION MAY NOT BE SUSPENDED.
FOR ANY VIOLATION OF THE PROVISIONS OF SUBDIVISIONS TWO OR FOURTEEN OF
THIS SECTION WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS THE LIMITATIONS
PROVIDED FOR IN THE RULES AND REGULATIONS OF THE CITY DEPARTMENT OF
TRANSPORTATION OF SUCH CITY, THE REGISTRATION OF THE VEHICLE MAY BE
SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE
VIOLATION THE VEHICLE WAS IN CHARGE OF THE OWNER OR HIS AGENT. THE
S. 7508--B 17 A. 9508--B
PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER SHALL APPLY TO
SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART C
Section 1. Subparagraphs a and c of paragraph 4 of subdivision 41 of
section 375 of the vehicle and traffic law, as amended by chapter 465 of
the laws of 2010, are amended to read as follows:
a. One blue light may be affixed to any motor vehicle owned by a
volunteer member of a fire department or on a motor vehicle owned by a
member of such person's family residing in the same household or by a
business enterprise in which such person has a proprietary interest or
by which he or she is employed, provided such volunteer firefighter has
been authorized in writing to so affix a blue light by the chief of the
fire department or company of which he or she is a member, which author-
ization shall be subject to revocation at any time by the chief who
issued the same or his or her successor in office. Such blue light may
be displayed exclusively by such volunteer firefighter on such a vehicle
only when engaged in an emergency operation. The use of blue lights on
vehicles shall be restricted for use only by a volunteer firefighter
except as otherwise provided for in [subparagraph] SUBPARAGRAPHS b AND
B-1 of this paragraph.
c. The commissioner is authorized to promulgate rules and regulations
relating to the use, placement, power and display of blue lights on a
police vehicle [and], fire vehicle, AND HAZARD VEHICLE DESIGNED FOR THE
TOWING OR PUSHING OF DISABLED VEHICLES.
§ 2. Paragraph 4 of subdivision 41 of section 375 of the vehicle and
traffic law is amended by adding a new subparagraph b-1 to read as
follows:
B-1. IN ADDITION TO THE AMBER LIGHT AUTHORIZED TO BE DISPLAYED PURSU-
ANT TO PARAGRAPH THREE OF THIS SUBDIVISION, ONE OR MORE BLUE LIGHTS OR
COMBINATION BLUE AND AMBER LIGHTS MAY BE AFFIXED TO A HAZARD VEHICLE
DESIGNED FOR THE TOWING OR PUSHING OF DISABLED VEHICLES PROVIDED THAT
SUCH BLUE LIGHT OR LIGHTS SHALL BE DISPLAYED ON SUCH A HAZARD VEHICLE
FOR REAR PROJECTION ONLY. SUCH BLUE LIGHT OR LIGHTS MAY BE DISPLAYED ON
A HAZARD VEHICLE DESIGNED FOR THE TOWING OR PUSHING OF DISABLED VEHICLES
WHEN SUCH VEHICLE IS ENGAGED IN A HAZARDOUS OPERATION AND IS ALSO
DISPLAYING THE AMBER LIGHT OR LIGHTS REQUIRED TO BE DISPLAYED DURING A
HAZARDOUS OPERATION PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION.
NOTHING CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED TO AUTHORIZE THE
USE OF BLUE LIGHTS ON HAZARD VEHICLES DESIGNED FOR THE TOWING OR PUSHING
OF DISABLED VEHICLES UNLESS SUCH HAZARD VEHICLES ALSO DISPLAY ONE OR
MORE AMBER LIGHTS AS OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
§ 3. Subdivision (b) of section 1144-a of the vehicle and traffic law,
as amended by chapter 458 of the laws of 2011, is amended to read as
follows:
(b) Every operator of a motor vehicle shall exercise due care to avoid
colliding with a hazard vehicle which is parked, stopped or standing on
the shoulder or on any portion of such highway and such hazard vehicle
is displaying one or more amber lights pursuant to the provisions of
paragraph three of subdivision forty-one of section three hundred seven-
ty-five of this chapter OR, IF SUCH HAZARD VEHICLE IS DESIGNED FOR THE
TOWING OR PUSHING OF DISABLED VEHICLES SUCH HAZARD VEHICLE IS DISPLAYING
ONE OR MORE AMBER LIGHTS OR ONE OR MORE BLUE OR COMBINATION BLUE AND
S. 7508--B 18 A. 9508--B
AMBER LIGHTS PURSUANT TO THE PROVISIONS OF PARAGRAPH THREE OR SUBPARA-
GRAPH B-1 OF PARAGRAPH FOUR, AS APPLICABLE, OF SUBDIVISION FORTY-ONE OF
SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER. For operators of
motor vehicles on parkways or controlled access highways, such due care
shall include, but not be limited to, moving from a lane which contains
or is immediately adjacent to the shoulder where (I) such hazard vehicle
displaying one or more amber lights pursuant to the provisions of para-
graph three of subdivision forty-one of section three hundred seventy-
five of this chapter OR (II) SUCH HAZARD VEHICLE DESIGNED FOR THE TOWING
OR PUSHING OF DISABLED VEHICLES DISPLAYING ONE OR MORE AMBER LIGHTS OR
ONE OR MORE BLUE OR COMBINATION BLUE AND AMBER LIGHTS PURSUANT TO THE
PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR, AS
APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER, is parked, stopped or standing to another lane,
provided that such movement otherwise complies with the requirements of
this chapter including, but not limited to, the provisions of sections
eleven hundred ten and eleven hundred twenty-eight of this title.
§ 4. This act shall take effect immediately.
PART D
Intentionally Omitted
PART E
Section 1. Subdivision 16 of section 385 of the vehicle and traffic
law is amended to add fourteen new paragraphs (v), (w), (x), (y), (z),
(aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh) and (ii) to read as
follows:
(V) WITHIN A DISTANCE OF APPROXIMATELY ONE MILE FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 24 TRAVELING ALONG INTERSTATE ROUTE 90 TO
INTERCHANGE 2 WASHINGTON AVENUE, AND TO WASHINGTON AVENUE TRAVELING
WESTBOUND TO FULLER ROAD IN A NORTHERLY DIRECTION TO INTERSTATE ROUTE 90
TRAVELING TO INTERCHANGE 24 OF THE NEW YORK STATE THRUWAY, WHERE THE
COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBINA-
TION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(W) WITHIN A DISTANCE OF APPROXIMATELY .25 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 25A, TRAVELING IN A WESTBOUND DIRECTION ALONG
INTERSTATE ROUTE 88 TO EXIT 25 TO ROUTE 7, AND TO A LEFT ON BECKER ROAD
TRAVELING IN A SOUTHBOUND DIRECTION ON BECKER ROAD FOR APPROXIMATELY .2
MILES TO THE NEW YORK STATE THRUWAY INTERCHANGE 25A TANDEM LOT ACCESS
ROAD, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHI-
CLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED
ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIRE-
MENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES
ON SUCH ROUTE.
(X) WITHIN A DISTANCE OF APPROXIMATELY 2.2 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 34A TRAVELING IN A SOUTHBOUND DIRECTION ALONG
INTERSTATE ROUTE 481 TO INTERSTATE 481 EXIT 5E KIRKVILLE ROAD EAST ALONG
STATE ROUTE 53 KIRKVILLE ROAD IN AN EASTBOUND DIRECTION TO INTERSTATE
ROUTE 481 TRAVELING NORTHBOUND TO EXIT 6 TO INTERCHANGE 34A OF THE NEW
YORK STATE THRUWAY, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
S. 7508--B 19 A. 9508--B
THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
OF VEHICLES ON SUCH ROUTE.
(Y) WITHIN A DISTANCE OF APPROXIMATELY .8 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 35, TRAVELING APPROXIMATELY 200 FEET AROUND
CARRIER CIRCLE TO TRAVELING NORTHBOUND ON THOMPSON ROAD FOR APPROXIMATE-
LY 1000 FEET, OR TRAVELING SOUTHBOUND ON THOMPSON ROAD APPROXIMATELY 100
FEET, TO TRAVELING WESTBOUND ON TARBELL ROAD FOR APPROXIMATELY .5 MILES
TO REENTER AT THE DEWITT SERVICE AREA OF THE NEW YORK STATE THRUWAY
WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT
PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
SUCH ROUTE.
(Z) WITHIN A DISTANCE OF APPROXIMATELY ONE MILE FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 36 TRAVELING IN A SOUTHBOUND DIRECTION ON
INTERSTATE 81 TO INTERSTATE 81 EXIT 25 7TH NORTH STREET, AND TRAVELING
EASTBOUND ON 7TH NORTH STREET TO INTERSTATE 81 TRAVELING IN A NORTHBOUND
DIRECTION TO INTERCHANGE 36 OF THE NEW YORK STATE THRUWAY, WHERE THE
COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBINA-
TION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(AA) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 39 TRAVELING EASTBOUND ON INTERSTATE 690 TO
INTERSTATE 690 EXIT 2 JONES ROAD IN A NORTHBOUND DIRECTION TO STATE
ROUTE 690 NORTH TO INTERCHANGE 39 OF THE NEW YORK STATE THRUWAY, WHERE
THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
NATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(BB) WITHIN A DISTANCE OF APPROXIMATELY .5 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 45, TRAVELING ON INTERSTATE 490 TO INTERSTATE
490 EXIT 29, IN A SOUTHWESTERLY DIRECTION ALONG NEW YORK STATE ROUTE 96
TO THE POINT WHERE NEW YORK STATE ROUTE 96 INTERSECTS WITH THE ENTRANCE
RAMP TO THE NEW YORK STATE THRUWAY INTERCHANGE 45, AND FOR APPROXIMATELY
.2 MILES ALONG THIS ENTRANCE RAMP TO THE NEW YORK STATE THRUWAY INTER-
CHANGE 45, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
NATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER
REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF
VEHICLES ON SUCH ROUTE.
(CC) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 46, TRAVELING IN A NORTHEASTERLY DIRECTION ON
THE RAMP FROM THE NEW YORK STATE THRUWAY INTERCHANGE 46 TO INTERSTATE
390 NORTH EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD, FOR A
DISTANCE OF APPROXIMATELY .5 MILES ALONG THE RAMP FROM INTERSTATE 390
NORTH EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD, FOR A
DISTANCE OF APPROXIMATELY .6 MILES IN A WESTERLY DIRECTION ALONG NEW
YORK STATE ROUTE 253, LEHIGH STATION ROAD, TO THE INTERSECTION OF NEW
YORK STATE ROUTE 253 WITH NEW YORK STATE ROUTE 15, THEN FOR A DISTANCE
OF APPROXIMATELY .6 MILES IN A SOUTHERLY DIRECTION ALONG NEW YORK STATE
ROUTE 15, TO THE NEW YORK STATE THRUWAY INTERCHANGE 46 MAINTENANCE
FACILITY ENTRANCE, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
S. 7508--B 20 A. 9508--B
THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
OF VEHICLES ON SUCH ROUTE.
(DD) WITHIN A DISTANCE OF APPROXIMATELY .3 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 47, TRAVELING ON INTERSTATE 490 TO INTERSTATE
490 EXIT 1, TO A DISTANCE OF APPROXIMATELY .2 MILES ALONG THE RAMP FROM
INTERSTATE 490 EXIT 1, FOR A DISTANCE OF APPROXIMATELY .4 MILES IN A
SOUTHWESTERLY DIRECTION TO THE ENTRANCE RAMP OF THE NEW YORK STATE THRU-
WAY INTERCHANGE 47, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
OF VEHICLES ON SUCH ROUTE.
(EE) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 19, TRAVELING IN A WESTBOUND DIRECTION ALONG
ROUTE 28 TO ROUTE 209, AND TRAVELING IN A SOUTHBOUND DIRECTION ON ROUTE
209 FOR APPROXIMATELY .1 MILES TO ROUTE 28, AND TRAVELING IN AN EAST-
BOUND DIRECTION ON ROUTE 28 FOR APPROXIMATELY .8 MILES TO THE NEW YORK
STATE THRUWAY INTERCHANGE 19 WHERE THE COMMISSIONER OF TRANSPORTATION
DETERMINES THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE
SAFELY ALONG THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,
REGULATION OR OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE
OR COMBINATION OF VEHICLES ON SUCH ROUTE.
(FF) WITHIN A DISTANCE OF APPROXIMATELY .5 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 31, TRAVELING ONTO THE RAMP TO GENESEE STREET
SOUTH FOR APPROXIMATELY 2800 FEET TO GENESEE STREET NORTH FOR APPROXI-
MATELY 275 FEET TO INTERCHANGE 31 OF THE NEW YORK STATE THRUWAY WHERE
THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
NATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(GG) WITHIN A DISTANCE OF APPROXIMATELY .2 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 33 TRAVELING WESTBOUND ON STATE ROUTE 365 FOR
APPROXIMATELY 900 FEET TO INTERCHANGE 33 OF THE NEW YORK STATE THRUWAY
WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT
PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
SUCH ROUTE.
(HH) WITHIN A DISTANCE OF APPROXIMATELY .15 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 42 TRAVELING ON STATE ROUTE 14 FOR APPROXI-
MATELY 750 FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTER-
CHANGE 42 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
NATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER
REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF
VEHICLES ON SUCH ROUTE .
(II) WITHIN A DISTANCE OF APPROXIMATELY .1 MILES FROM THE NEW YORK
STATE INTERCHANGE 43 TRAVELING ON STATE ROUTE 21 FOR APPROXIMATELY 600
FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTERCHANGE 43
WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT
S. 7508--B 21 A. 9508--B
PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
SUCH ROUTE.
§ 2. This act shall take effect immediately.
PART F
Section 1. Paragraph a of subdivision 6 of section 2897 of the public
authorities law, as added by chapter 766 of the laws of 2005, is amended
and a new paragraph f is added to read as follows:
a. All disposals or contracts for disposal of property of a public
authority made or authorized by the contracting officer shall be made
after publicly advertising for bids except as provided in [paragraph]
PARAGRAPHS c AND F of this subdivision.
F. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, DISPOSALS
FOR USE OF THE THRUWAY AUTHORITY'S FIBER OPTIC SYSTEM, OR ANY PART THER-
EOF, MAY BE MADE THROUGH AGREEMENTS BASED ON SET FEES THAT SHALL NOT
REQUIRE PUBLIC AUCTION, PROVIDED THAT:
I. THE THRUWAY AUTHORITY HAS DETERMINED THE DISPOSAL OF SUCH PROPERTY
COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER;
II. THE THRUWAY AUTHORITY HAS DETERMINED THAT DISPOSAL OF SUCH PROPER-
TY IS IN THE BEST INTEREST OF THE THRUWAY AUTHORITY;
III. THE SET FEES ESTABLISHED BY THE THRUWAY AUTHORITY FOR USE OF THE
FIBER OPTIC SYSTEM, OR PART THEREOF, SHALL BE BASED ON AN INDEPENDENT
APPRAISAL OF THE FAIR MARKET VALUE OF THE PROPERTY; AND
IV. ANY PUBLIC AUTHORITY, STATE AGENCY, MUNICIPALITY, NOT-FOR-PROFIT
HOSPITAL ORGANIZED UNDER SECTION FORTY-THREE HUNDRED ONE OF THE INSUR-
ANCE LAW, PUBLIC LIBRARY, OR INSTITUTION OF HIGHER EDUCATION LOCATED IN
NEW YORK STATE SHALL BE REQUIRED ONLY TO PAY THE ACTUAL COST OF PROVID-
ING FOR USE OF THE FIBER OPTIC SYSTEM, BUT NOT EXCEEDING THE FAIR MARKET
VALUE DETERMINED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS PARAGRAPH, "PUBLIC AUTHORITY" SHALL REFER TO ENTITIES
DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF
THIS PARAGRAPH, "INSTITUTION OF HIGHER EDUCATION" SHALL REFER TO ENTI-
TIES AS DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION SIX HUNDRED ONE
OF THE EDUCATION LAW.
DISPOSALS OF THE FIBER OPTIC SYSTEM, OR ANY PART THEREOF, THROUGH
AGREEMENTS BASED ON SET FEES SHALL NOT REQUIRE THE EXPLANATORY STATE-
MENTS REQUIRED BY THIS SECTION. ANY DISPOSAL OF PROPERTY, CONTRACT FOR
DISPOSAL OF PROPERTY OR AGREEMENT MADE PURSUANT TO THIS PARAGRAPH SHALL
NOT BE DEEMED VALID AND ENFORCEABLE UNLESS IT SHALL FIRST HAVE BEEN
APPROVED BY BOTH THE COMPTROLLER AND THE ATTORNEY GENERAL.
§ 2. This act shall take effect immediately.
PART G
Intentionally Omitted
PART H
Section 1. Subdivision 4 of section 1220-b of the vehicle and traffic
law, as amended by chapter 9 of the laws of 2012, is amended to read as
follows:
4. Any person who engages in the unlawful solicitation of ground
transportation services at an airport shall be guilty of a [class B
misdemeanor] TRAFFIC INFRACTION punishable by a fine of not less than
seven hundred fifty dollars nor more than one thousand five hundred
S. 7508--B 22 A. 9508--B
dollars, or by imprisonment [of] FOR not more than [ninety] FIFTEEN days
or by both such fine and imprisonment[. Notwithstanding any contrary
provision of law, any charge alleging a violation of this section shall
be returnable before a court having jurisdiction over misdemeanors]; FOR
A CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN
A PERIOD OF EIGHTEEN MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF
NOT LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS NOR MORE THAN TWO THOU-
SAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS, OR
BY BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A THIRD OR
SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT LESS
THAN TWO THOUSAND DOLLARS NOR MORE THAN THREE THOUSAND DOLLARS, OR BY
IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BY BOTH SUCH FINE AND
IMPRISONMENT.
§ 2. Subparagraph (viii) of paragraph (b) of subdivision 2 of section
510 of the vehicle and traffic law, as added by chapter 313 of the laws
of 1994, is amended and a new subparagraph (vii) is added to read as
follows:
[(viii)] (VI) for a period of sixty days where the holder is convicted
of a violation of SUBDIVISION ONE OF section twelve hundred twenty-b of
this chapter within a period of eighteen months of a previous violation
of such [section] SUBDIVISION.
(VII) FOR A PERIOD OF NINETY DAYS WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-B OF THIS
CHAPTER WITHIN A PERIOD OF EIGHTEEN MONTHS OF TWO OR MORE PREVIOUS
VIOLATIONS OF SUCH SUBDIVISION.
§ 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-g to read as follows:
4-G. SUSPENSION OF REGISTRATION FOR UNLAWFUL SOLICITATION OF GROUND
TRANSPORTATION SERVICES AT AN AIRPORT. UPON THE RECEIPT OF A NOTIFICA-
TION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL THAT AN OWNER OF A MOTOR
VEHICLE WAS CONVICTED OF A SECOND CONVICTION OF UNLAWFUL SOLICITATION OF
GROUND TRANSPORTATION SERVICES AT AN AIRPORT IN VIOLATION OF SUBDIVISION
ONE OF SECTION TWELVE HUNDRED TWENTY-B OF THIS CHAPTER BOTH OF WHICH
WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, THE COMMISSIONER OR
HIS AGENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN THE
VIOLATION FOR A PERIOD OF NINETY DAYS; UPON THE RECEIPT OF SUCH NOTIFI-
CATION OF A THIRD OR SUBSEQUENT CONVICTION FOR A VIOLATION OF SUCH
SUBDIVISION ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN
MONTHS, THE COMMISSIONER OR HIS AGENT SHALL SUSPEND SUCH REGISTRATION
FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS. SUCH SUSPENSION SHALL TAKE
EFFECT NO LESS THAN THIRTY DAYS FROM THE DATE ON WHICH NOTICE THEREOF IS
SENT BY THE COMMISSIONER TO THE PERSON WHOSE REGISTRATION OR PRIVILEGE
IS SUSPENDED. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO DENY A REGIS-
TRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE,
WHERE IT HAS BEEN DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO
EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE COMMISSIONER HAS
REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL
HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVISION.
§ 4. This act shall take effect on the first of August next succeeding
the date on which it shall have become a law.
PART I
S. 7508--B 23 A. 9508--B
Section 1. Subdivision 12 of section 1269 of the public authorities
law, as amended by section 4 of part NN of chapter 54 of the laws of
2016, is amended to read as follows:
12. The aggregate principal amount of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to section twelve hundred sixty-
nine-b of this title for the period nineteen hundred ninety-two through
two thousand [nineteen] TWENTY-FOUR shall not exceed [fifty-five] NINETY
billion [four] ONE hundred [ninety-seven] million dollars. Such aggre-
gate principal amount of bonds, notes or other obligations or the
expenditure thereof shall not be subject to any limitation contained in
any other provision of law on the principal amount of bonds, notes or
other obligations or the expenditure thereof applicable to the authori-
ty, the Triborough bridge and tunnel authority or the New York city
transit authority. The aggregate limitation established by this subdivi-
sion shall not include (i) obligations issued to refund, redeem or
otherwise repay, including by purchase or tender, obligations thereto-
fore issued either by the issuer of such refunding obligations or by the
authority, the New York city transit authority or the Triborough bridge
and tunnel authority, (ii) obligations issued to fund any debt service
or other reserve funds for such obligations, (iii) obligations issued or
incurred to fund the costs of issuance, the payment of amounts required
under bond and note facilities, federal or other governmental loans,
security or credit arrangements or other agreements related thereto and
the payment of other financing, original issue premiums and related
costs associated with such obligations, (iv) an amount equal to any
original issue discount from the principal amount of such obligations or
to fund capitalized interest, (v) obligations incurred pursuant to
section twelve hundred seven-m of this article, (vi) obligations
incurred to fund the acquisition of certain buses for the New York city
transit authority as identified in a capital program plan approved
pursuant to chapter fifty-three of the laws of nineteen hundred ninety-
two, (vii) obligations incurred in connection with the leasing, selling
or transferring of equipment, and (viii) bond anticipation notes or
other obligations payable solely from the proceeds of other bonds, notes
or other obligations which would be included in the aggregate principal
amount specified in the first sentence of this subdivision, whether or
not additionally secured by revenues of the authority, or any of its
subsidiary corporations, New York city transit authority, or any of its
subsidiary corporations, or Triborough bridge and tunnel authority.
§ 2. This act shall take effect immediately.
PART J
Intentionally Omitted
PART K
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016,
amending the general municipal law relating to the New York transit
authority and the metropolitan transportation authority, is amended to
read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
S. 7508--B 24 A. 9508--B
made by section two of this act shall expire and be deemed repealed
April 1, [2021] 2022, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART L
Intentionally Omitted
PART M
Intentionally Omitted
PART N
Intentionally Omitted
PART O
Intentionally Omitted
PART P
Intentionally Omitted
PART Q
Intentionally Omitted
PART R
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part R of chapter 58 of the laws of 2019, is
amended to read as follows:
§ 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2020]
2021.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2020.
PART S
Section 1. The general business law is amended by adding a new section
391-u to read as follows:
§ 391-U. PRICING GOODS AND SERVICES ON THE BASIS OF GENDER PROHIBIT-
ED. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BUSINESS" SHALL MEAN ANY BUSINESS ACTING WITHIN THE STATE OF NEW
YORK THAT SELLS GOODS TO ANY INDIVIDUAL OR ENTITY INCLUDING, BUT NOT
LIMITED TO, RETAILERS, SUPPLIERS, MANUFACTURERS, OR DISTRIBUTORS;
S. 7508--B 25 A. 9508--B
(B) "GOODS" SHALL MEAN ANY CONSUMER PRODUCT USED, BOUGHT OR RENDERED
PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
(C) "SERVICES" SHALL MEAN ANY CONSUMER SERVICES USED, BOUGHT OR
RENDERED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
(D) "SUBSTANTIALLY SIMILAR" SHALL MEAN:
(I) TWO GOODS THAT EXHIBIT NO SUBSTANTIAL DIFFERENCES IN: (A) THE
MATERIALS USED IN PRODUCTION; (B) THE INTENDED USE OF THE GOOD; (C) THE
FUNCTIONAL DESIGN AND FEATURES OF THE GOOD; AND (D) THE BRAND OF THE
GOOD; OR
(II) TWO SERVICES THAT EXHIBIT NO SUBSTANTIAL DIFFERENCE IN: (A) THE
AMOUNT OF TIME TO PROVIDE THE SERVICES; (B) THE DIFFICULTY IN PROVIDING
THE SERVICES; AND (C) THE COST OF PROVIDING THE SERVICES. A DIFFERENCE
IN COLORING AMONG ANY GOOD SHALL NOT BE CONSTRUED AS A SUBSTANTIAL
DIFFERENCE FOR THE PURPOSES OF THIS PARAGRAPH.
2. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR BUSINESS
SHALL CHARGE A PRICE FOR ANY TWO GOODS THAT ARE SUBSTANTIALLY SIMILAR,
IF SUCH GOODS ARE PRICED DIFFERENTLY BASED ON THE GENDER OF THE INDIVID-
UALS FOR WHOM THE GOODS ARE MARKETED AND INTENDED.
3. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR BUSINESS
SHALL CHARGE A PRICE FOR ANY SERVICES THAT ARE SUBSTANTIALLY SIMILAR IF
SUCH SERVICES ARE PRICED DIFFERENTLY BASED UPON THE GENDER OF THE INDI-
VIDUALS FOR WHOM THE SERVICES ARE PERFORMED, OFFERED, OR MARKETED.
4. NOTHING IN THIS SECTION PROHIBITS PRICE DIFFERENCES IN GOODS OR
SERVICES BASED SPECIFICALLY UPON THE FOLLOWING:
(A) THE AMOUNT OF TIME IT TOOK TO MANUFACTURE SUCH GOODS OR PROVIDE
SUCH SERVICES;
(B) THE DIFFICULTY IN MANUFACTURING SUCH GOODS OR OFFERING SUCH
SERVICES;
(C) THE COST INCURRED IN MANUFACTURING SUCH GOODS OR OFFERING SUCH
SERVICES;
(D) THE LABOR USED IN MANUFACTURING SUCH GOODS OR PROVIDING SUCH
SERVICES;
(E) THE MATERIALS USED IN MANUFACTURING SUCH GOODS OR PROVIDING SUCH
SERVICES; OR
(F) ANY OTHER GENDER-NEUTRAL REASON FOR HAVING INCREASED THE COST OF
SUCH GOODS OR SERVICES.
5. ANY PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR BUSINESS
THAT PROVIDES SERVICES, AS DEFINED BY THIS SECTION, SHALL PROVIDE THE
CUSTOMER WITH A COMPLETE WRITTEN PRICE LIST UPON REQUEST.
6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS. IF IT SHALL
APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT
HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH
COURT OR JUSTICE, ENJOINING OR RESTRAINING ANY VIOLATION, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY. IN ANY SUCH PROCEEDING THE COURT MAY MAKE ALLOWANCES TO THE
ATTORNEY GENERAL AS PROVIDED IN SECTION EIGHTY-THREE HUNDRED THREE OF
THE CIVIL PRACTICE LAW AND RULES, AND MAY MAKE DIRECT RESTITUTION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED
S. 7508--B 26 A. 9508--B
TWO HUNDRED FIFTY DOLLARS FOR A FIRST VIOLATION, AND A CIVIL PENALTY NOT
TO EXCEED FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT VIOLATION. FOR THE
PURPOSES OF THIS SECTION, ALL IDENTICAL ITEMS PRICED ON THE BASIS OF
GENDER SHALL BE CONSIDERED A SINGLE VIOLATION.
§ 2. Separability clause; construction. If any part or provision of
this act or the application thereof to any person or circumstances be
adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remain-
der of this act or the application thereof to other provisions or
circumstances.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART T
Intentionally Omitted
PART U
Section 1. Section 70 of the state law is amended to read as follows:
§ 70. Description of the arms of the state and the state flag. The
device of arms of this state[, as adopted March sixteenth, seventeen
hundred and seventy-eight,] is hereby declared to be correctly described
as follows:
Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
behind a range of three mountains, the middle one the highest; in base a
ship and sloop under sail, passing and about to meet on a river,
bordered below by a grassy shore fringed with shrubs, all proper.
Crest. On a wreath azure and or, an American eagle proper, rising to
the dexter from a two-thirds of a globe terrestrial, showing the north
Atlantic ocean with outlines of its shores.
Supporters. On a quasi compartment formed by the extension of the
scroll.
Dexter. The figure of Liberty proper, her hair disheveled and deco-
rated with pearls, vested azure, sandaled gules, about the waist a cinc-
ture or, fringed gules, a mantle of the last depending from the shoul-
ders behind to the feet, in the dexter hand a staff ensigned with a
Phrygian cap or, the sinister arm embowed, the hand supporting the
shield at the dexter chief point, a royal crown by her sinister foot
dejected.
Sinister. The figure of Justice proper, her hair disheveled and deco-
rated with pearls, vested or, about the waist a cincture azure, fringed
gules, sandaled and mantled as Liberty, bound about the eyes with a
fillet proper, in the dexter hand a straight sword hilted or, erect,
resting on the sinister chief point of the shield, the sinister arm
embowed, holding before her her scales proper.
Motto. On a scroll below the shield argent, in sable, TWO LINES. ON
LINE ONE, Excelsior AND ON LINE TWO, E PLURIBUS UNUM.
State flag. The state flag is hereby declared to be blue, charged with
the arms of the state in the colors as described in the blazon of this
section.
§ 2. (a) Any state flag, object, or printed materials containing the
depiction of the former arms of the state may continue to be used until
such flag, object, or printed materials' useful life has expired or
S. 7508--B 27 A. 9508--B
until the person possessing such flag, object, or printed material
replaces it. Such continued use shall not constitute a violation of
section seventy-two of the state law.
(b) Any electronic depiction of the arms of the state shall be updated
within 60 days of the effective date of this act.
(c) No state agency, local government, or public authority shall be
required to replace a flag solely because such flag contains the former
arms of the state.
§ 3. The secretary of state shall begin to use the new seal as of the
effective date of this act.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the department of
state is authorized to take any action, including entering into
contracts, that is necessary for the timely implementation of this act
on its effective date.
PART V
Section 1. Subdivision 1 of section 130 of the executive law, as
amended by section 1 of subpart D of part II of chapter 55 of the laws
of 2019, is amended to read as follows:
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be [a citizen of the United States and either] a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of the state and
who moves out of the state but still maintains a place of business or an
office in New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to have an
office or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an office or place of
business in this state shall vacate his or her office as a notary
public. A non-resident who accepts the office of notary public in this
state thereby appoints the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney and
counsellor at law duly admitted to practice in this state or a court
clerk of the unified court system who has been appointed to such posi-
tion after taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself or
herself that the applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the duties and
responsibilities of a notary public; provided, however, that where a
notary public applies, before the expiration of his or her term, for
reappointment with the county clerk or where a person whose term as
notary public shall have expired applies within six months thereafter
for reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with the county clerk
after the expiration of the aforementioned renewal period by a person
S. 7508--B 28 A. 9508--B
who failed or was unable to re-apply by reason of his or her induction
or enlistment in the armed forces of the United States, such qualifying
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year after
the military discharge of the applicant under conditions other than
dishonorable. In any case, the appointment or reappointment of any
applicant is in the discretion of the secretary of state. The secretary
of state may suspend or remove from office, for misconduct, any notary
public appointed by him or her but no such removal shall be made unless
the person who is sought to be removed shall have been served with a
copy of the charges against him or her and have an opportunity of being
heard. No person shall be appointed as a notary public under this arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a crime, unless the secretary makes a finding in conformance with
all applicable statutory requirements, including those contained in
article twenty-three-A of the correction law, that such convictions do
not constitute a bar to appointment.
§ 2. Subdivision 1 of section 130 of the executive law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be [a citizen of the United States and either] a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of the state and
who moves out of the state but still maintains a place of business or an
office in New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to have an
office or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an office or place of
business in this state shall vacate his or her office as a notary
public. A non-resident who accepts the office of notary public in this
state thereby appoints the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney and
counsellor at law duly admitted to practice in this state or a court
clerk of the unified court system who has been appointed to such posi-
tion after taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself or
herself that the applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the duties and
responsibilities of a notary public; provided, however, that where a
notary public applies, before the expiration of his or her term, for
reappointment with the county clerk or where a person whose term as
notary public shall have expired applies within six months thereafter
for reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with the county clerk
after the expiration of the aforementioned renewal period by a person
who failed or was unable to re-apply by reason of his or her induction
or enlistment in the armed forces of the United States, such qualifying
S. 7508--B 29 A. 9508--B
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year after
the military discharge of the applicant under conditions other than
dishonorable, or if the applicant has a qualifying condition, as defined
in section three hundred fifty of this chapter, within a period of one
year after the applicant has received a discharge other than bad conduct
or dishonorable from such service, or if the applicant is a discharged
LGBT veteran, as defined in section three hundred fifty of this chapter,
within a period of one year after the applicant has received a discharge
other than bad conduct or dishonorable from such service. In any case,
the appointment or reappointment of any applicant is in the discretion
of the secretary of state. The secretary of state may suspend or remove
from office, for misconduct, any notary public appointed by him or her
but no such removal shall be made unless the person who is sought to be
removed shall have been served with a copy of the charges against him or
her and have an opportunity of being heard. No person shall be
appointed as a notary public under this article who has been convicted,
in this state or any other state or territory, of a crime, unless the
secretary makes a finding in conformance with all applicable statutory
requirements, including those contained in article twenty-three-A of the
correction law, that such convictions do not constitute a bar to
appointment.
§ 3. Section 440-a of the real property law, as amended by section 1
of subpart G of part II of chapter 55 of the laws of 2019, is amended to
read as follows:
§ 440-a. License required for real estate brokers and salesmen. No
person, co-partnership, limited liability company or corporation shall
engage in or follow the business or occupation of, or hold himself or
itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over[, a citizen of the United States
or an alien lawfully admitted for permanent residence in the United
States]. No person shall be entitled to a license as a real estate
salesman under this article unless he or she is over the age of eighteen
years. No person shall be entitled to a license as a real estate broker
or real estate salesman under this article who has been convicted in
this state or elsewhere of a crime, unless the secretary makes a finding
in conformance with all applicable statutory requirements, including
those contained in article twenty-three-A of the correction law, that
such convictions do not constitute a bar to licensure. No person shall
be entitled to a license as a real estate broker or real estate salesman
under this article who does not meet the requirements of section 3-503
of the general obligations law.
Notwithstanding anything to the contrary in this section, tenant asso-
ciations and not-for-profit corporations authorized in writing by the
commissioner of the department of the city of New York charged with
enforcement of the housing maintenance code of such city to manage resi-
dential property owned by such city or appointed by a court of competent
jurisdiction to manage residential property owned by such city shall be
exempt from the licensing provisions of this section with respect to the
properties so managed.
S. 7508--B 30 A. 9508--B
§ 4. Subdivision 1 of section 72 of the general business law, as
amended by chapter 164 of the laws of 2003, is amended to read as
follows:
1. If the applicant is a person, the application shall be subscribed
by such person, and if the applicant is a firm or partnership the appli-
cation shall be subscribed by each individual composing or intending to
compose such firm or partnership. The application shall state the full
name, age, residences within the past three years, present and previous
occupations of each person or individual so signing the same, [that each
person or individual is a citizen of the United States or an alien
lawfully admitted for permanent residence in the United States] and
shall also specify the name of the city, town or village, stating the
street and number, if the premises have a street and number, and other-
wise such apt description as will reasonably indicate the location ther-
eof, where is to be located the principal place of business and the
bureau, agency, sub-agency, office or branch office for which the
license is desired, and such further facts as may be required by the
department of state to show the good character, competency and integrity
of each person or individual so signing such application. Each person or
individual signing such application shall, together with such applica-
tion, submit to the department of state, his photograph, taken within
six months prior thereto in duplicate, in passport size and also two
sets of fingerprints of his two hands recorded in such manner as may be
specified by the secretary of state or the secretary of state's author-
ized representative. Before approving such application it shall be the
duty of the secretary of state or the secretary of state's authorized
representative to forward one copy of such fingerprints to the division
of criminal justice services. Upon receipt of such fingerprints, such
division shall forward to the secretary of state a report with respect
to the applicant's previous criminal history, if any, or a statement
that the applicant has no previous criminal history according to its
files. If additional copies of fingerprints are required the applicant
shall furnish them upon request. Such fingerprints may be submitted to
the federal bureau of investigation for a national criminal history
record check. The secretary shall reveal the name of the applicant to
the chief of police and the district attorney of the applicant's resi-
dence and of the proposed place of business and shall request of them a
report concerning the applicant's character in the event they shall have
information concerning it. The secretary shall take such other steps as
may be necessary to investigate the honesty, good character and integri-
ty of each applicant. Every such applicant for a license as private
investigator shall establish to the satisfaction of the secretary of
state (a) if the applicant be a person, or, (b) in the case of a firm,
limited liability company, partnership or corporation, at least one
member of such firm, partnership, limited liability company or corpo-
ration, has been regularly employed, for a period of not less than three
years, undertaking such investigations as those described as performed
by a private investigator in subdivision one of section seventy-one of
this article, as a sheriff, police officer in a city or county police
department, or the division of state police, investigator in an agency
of the state, county, or United States government, or employee of a
licensed private investigator, or has had an equivalent position and
experience or that such person or member was an employee of a police
department who rendered service therein as a police officer for not less
than twenty years or was an employee of a fire department who rendered
service therein as a fire marshal for not less than twenty years. Howev-
S. 7508--B 31 A. 9508--B
er, employment as a watchman, guard or private patrolman shall not be
considered employment as a "private investigator" for purposes of this
section. Every such applicant for a license as watch, guard or patrol
agency shall establish to the satisfaction of the secretary of state (a)
if the applicant be a person, or, (b) in the case of a firm, limited
liability company, partnership or corporation, at least one member of
such firm, partnership, limited liability company or corporation, has
been regularly employed, for a period of not less than two years,
performing such duties or providing such services as described as those
performed or furnished by a watch, guard or patrol agency in subdivision
two of section seventy-one of this article, as a sheriff, police officer
in a city or county police department, or employee of an agency of the
state, county or United States government, or licensed private investi-
gator or watch, guard or patrol agency, or has had an equivalent posi-
tion and experience; qualifying experience shall have been completed
within such period of time and at such time prior to the filing of the
application as shall be satisfactory to the secretary of state. The
person or member meeting the experience requirement under this subdivi-
sion and the person responsible for the operation and management of each
bureau, agency, sub-agency, office or branch office of the applicant
shall provide sufficient proof of having taken and passed a written
examination prescribed by the secretary of state to test their under-
standing of their rights, duties and powers as a private investigator
and/or watchman, guard or private patrolman, depending upon the work to
be performed under the license. In the case of an application subscribed
by a resident of the state of New York such application shall be
approved, as to each resident person or individual so signing the same,
but not less than five reputable citizens of the community in which such
applicant resides or transacts business, or in which it is proposed to
own, conduct, manage or maintain the bureau, agency, sub-agency, office
or branch office for which the license is desired, each of whom shall
subscribe and affirm as true, under the penalties of perjury, that he
has personally known the said person or individual for a period of at
least five years prior to the filing of such application, that he has
read such application and believes each of the statements made therein
to be true, that such person is honest, of good character and competent,
and not related or connected to the person so certifying by blood or
marriage. In the case of an application subscribed by a non-resident of
the state of New York such application shall be approved, as to each
non-resident person or individual so signing the same by not less than
five reputable citizens of the community in which such applicant
resides. The certificate of approval shall be signed by such reputable
citizens and duly verified and acknowledged by them before an officer
authorized to take oaths and acknowledgment of deeds. All provisions of
this section, applying to corporations, shall also apply to joint-stock
associations, except that each such joint-stock association shall file a
duly certified copy of its certificate of organization in the place of
the certified copy of its certificate of incorporation herein required.
§ 5. Subdivision 2 of section 81 of the general business law, as
amended by chapter 756 of the laws of 1952 and paragraph (b) as amended
by chapter 133 of the laws of 1982, is amended to read as follows:
2. No person shall hereafter be employed by any holder of a license
certificate until he shall have executed and furnished to such license
certificate holder a verified statement, to be known as "employee's
statement," setting forth:
(a) His full name, age and residence address.
S. 7508--B 32 A. 9508--B
(b) [That the applicant for employment is a citizen of the United
States or an alien lawfully admitted for permanent residence in the
United States.
(c)] The business or occupation engaged in for the three years imme-
diately preceding the date of the filing of the statement, setting forth
the place or places where such business or occupation was engaged in,
and the name or names of employers, if any.
[(d)] (C) That he has not been convicted of a felony or of any offense
involving moral turpitude or of any of the misdemeanors or offenses
described in subdivision one of this section.
[(e)] (D) Such further information as the department of state may by
rule require to show the good character, competency, and integrity of
the person executing the statement.
§ 6. Subdivision 4 of section 89-h of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
[4. Citizenship: be a citizen or resident alien of the United States;]
§ 7. This act shall take effect immediately; provided, however,
section two of this act shall take effect on the same date and in the
same manner as section 36 of chapter 490 of the laws of 2019, takes
effect.
PART W
Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real
property law, as amended by chapter 541 of the laws of 2019, is amended
to read as follows:
(c) have passed the National Home Inspector examination OR AN EXAMINA-
TION OFFERED BY THE SECRETARY. ANY EXAMINATION OFFERED BY THE SECRETARY
MUST MEET OR EXCEED THE NATIONAL EXAM STANDARDS SET BY THE EXAMINATION
BOARD OF PROFESSIONAL HOME INSPECTORS IN CONSULTATION WITH THE NEW YORK
STATE ASSOCIATION OF HOME INSPECTORS TO INCLUDE QUESTIONS RELATED TO
STATE-SPECIFIC PROCEDURES, RULES, AND REGULATIONS, AND CHANGES TO STATE
AND FEDERAL LAW, AND BE UPDATED ANNUALLY; and
§ 2. This act shall take effect immediately and shall apply to appli-
cations for a license as a professional home inspector received on or
after November 25, 2019.
PART X
Intentionally Omitted
PART Y
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2020 to the department of agriculture and markets from the
special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the department
of agriculture and markets' participation in general ratemaking
proceedings pursuant to section 65 of the public service law or certif-
ication proceedings pursuant to article 7 or 10 of the public service
law, shall be deemed expenses of the department of public service within
the meaning of section 18-a of the public service law. No later than
August 15, 2021, the commissioner of the department of agriculture and
markets shall submit an accounting of such expenses, including, but not
S. 7508--B 33 A. 9508--B
limited to, expenses in the 2020--2021 state fiscal year for personal
and non-personal services and fringe benefits, to the chair of the
public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated in a chapter of the laws of
2020 to the department of state from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the activities of the department of
state's utility intervention unit pursuant to subdivision 4 of section
94-a of the executive law, including, but not limited to participation
in general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings pursuant to article 7 or 10 of
the public service law, and expenses related to the activities of the
major renewable energy development program established by section 94-c
of the executive law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15, 2021, the secretary of state shall submit
an accounting of such expenses, including, but not limited to, expenses
in the 2020--2021 state fiscal year for personal and non-personal
services and fringe benefits, to the chair of the public service commis-
sion for the chair's review pursuant to the provisions of section 18-a
of the public service law.
§ 3. Expenditures of moneys appropriated in a chapter of the laws of
2020 to the office of parks, recreation and historic preservation from
the special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the office of
parks, recreation and historic preservation's participation in general
ratemaking proceedings pursuant to section 65 of the public service law
or certification proceedings pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15, 2021, the commissioner of the office of parks,
recreation and historic preservation shall submit an accounting of such
expenses, including, but not limited to, expenses in the 2020--2021
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 4. Expenditures of moneys appropriated in a chapter of the laws of
2020 to the department of environmental conservation from the special
revenue funds-other/state operations, environmental conservation special
revenue fund-301, utility environmental regulation account shall be
subject to the provisions of this section. Notwithstanding any other
provision of law to the contrary, direct and indirect expenses relating
to the department of environmental conservation's participation in state
energy policy proceedings, or certification proceedings pursuant to
article 7 or 10 of the public service law, shall be deemed expenses of
the department of public service within the meaning of section 18-a of
the public service law. No later than August 15, 2021, the commissioner
of the department of environmental conservation shall submit an account-
ing of such expenses, including, but not limited to, expenses in the
2020--2021 state fiscal year for personal and non-personal services and
S. 7508--B 34 A. 9508--B
fringe benefits, to the chair of the public service commission for the
chair's review pursuant to the provisions of section 18-a of the public
service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15,
2021, the commissioner of the department of health shall submit an
accounting of expenses in the 2020--2021 state fiscal year to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020 and shall
be deemed repealed April 1, 2021.
PART Z
Intentionally Omitted
PART AA
Intentionally Omitted
PART BB
Intentionally Omitted
PART CC
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part X of
chapter 58 of the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2020] 2022; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Subdivision (a) of section 2 and section 3 of part F of
chapter 60 of the laws of 2015 constituting the infrastructure invest-
ment act, subdivision (a) of section 2 as amended by section 1 of part M
of chapter 39 of the laws of 2019, and section 3 as amended by section 3
of part RRR of chapter 59 of the laws of 2017, are amended to read as
follows:
S. 7508--B 35 A. 9508--B
(a) (i) "authorized state entity" shall mean the New York state thru-
way authority, the department of transportation, the office of parks,
recreation and historic preservation, the department of environmental
conservation [and], the New York state bridge authority, THE OFFICE OF
GENERAL SERVICES, THE DORMITORY AUTHORITY, THE URBAN DEVELOPMENT CORPO-
RATION, THE STATE UNIVERSITY CONSTRUCTION FUND, THE NEW YORK STATE OLYM-
PIC REGIONAL DEVELOPMENT AUTHORITY AND THE BATTERY PARK CITY AUTHORITY.
(ii) Notwithstanding the provisions of subdivision 26 of section 1678
of the public authorities law, section 8 of the public buildings law,
sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as
amended, section 103 of the general municipal law, and the provisions of
any other law to the contrary, the term "authorized state entity" shall
also refer to only those agencies or authorities identified below solely
in connection with the following authorized projects, provided that such
an authorized state entity may utilize the alternative delivery method
referred to as design-build contracts solely in connection with the
following authorized projects should the total cost of each such project
not be less than five million dollars ($5,000,000):
Authorized Projects Authorized State Entity
1. Frontier Town Urban Development Corporation
2. Life Sciences Laboratory Dormitory Authority & Urban
Development Corporation
3. Whiteface Transformative Projects New York State Olympic Regional
Development Authority
4. Gore Transformative Projects New York State Olympic Regional
Development Authority
5. Belleayre Transformative Projects New York State Olympic Regional
Development Authority
6. Mt. Van Hoevenberg Transformative New York State Olympic Regional
Projects Development Authority
7. Olympic Training Center New York State Olympic Regional
Development Authority
8. Olympic Arena and Convention New York State Olympic Regional
Center Complex Development Authority
9. State Fair Revitalization Office of General
Projects Services
10. State Police Forensic Office of General
Laboratory Services
Notwithstanding any provision of law to the contrary, all rights or
benefits, including terms and conditions of employment, and protection
of civil service and collective bargaining status of all existing
employees of authorized state entities [solely in connection with the
authorized projects listed above,] shall be preserved and protected.
Nothing in this section shall result in the: (1) displacement of any
currently employed worker or loss of position (including partial
displacement such as a reduction in the hours of non-overtime work,
wages, or employment benefits) or result in the impairment of existing
collective bargaining agreements; [and] (2) transfer of existing duties
and functions related to maintenance and operations currently performed
by existing employees of authorized state entities to a contracting
S. 7508--B 36 A. 9508--B
entity; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED STATE ENTITIES TO THE CONTRACTING
ENTITY. Nothing contained herein shall be construed to affect (A) the
existing rights of employees pursuant to an existing collective bargain-
ing agreement, and (B) the existing representational relationships among
employee organizations or the bargaining relationships between the
employer and an employee organization.
If otherwise applicable, authorized projects undertaken by the author-
ized state entities listed above solely in connection with the
provisions of this act shall be subject to section 135 of the state
finance law, section 101 of the general municipal law, and section 222
of the labor law; provided, however, that an authorized state entity may
fulfill its obligations under section 135 of the state finance law or
section 101 of the general municipal law by requiring the contractor to
prepare separate specifications in accordance with section 135 of the
state finance law or section 101 of the general municipal law, as the
case may be.
§ 3. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state finance law, [section] SECTIONS 359, 1678,
1680 AND 1680-A of the public authorities law, [section] SECTIONS 376,
407-A, 6281 AND 7210 of the education law, SECTIONS 8 AND 9 OF THE
PUBLIC BUILDINGS LAW, SECTION 103 OF THE GENERAL MUNICIPAL LAW, and the
provisions of any other law to the contrary, and in conformity with the
requirements of this act, an authorized state entity may utilize the
alternative delivery method referred to as design-build contracts, in
consultation with relevant local labor organizations and construction
industry, for capital projects LOCATED IN THE STATE related to [the
state's] physical infrastructure, including, but not limited to, [the
state's] highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
flood control projects, canals, and parks, including, but not limited
to, to repair damage caused by natural disaster, to correct health and
safety defects, to comply with federal and state laws, standards, and
regulations, to extend the useful life of or replace [the state's] high-
ways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams, flood control
projects, canals, and parks or to improve or add to [the state's] high-
ways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams, flood control
projects, canals, and parks; provided that for the contracts executed by
the department of transportation, the office of parks, recreation and
historic preservation, or the department of environmental conservation,
the total cost of each such project shall not be less than ten million
dollars ($10,000,000).
§ 2. The opening paragraph and subdivision (a) of section 4 of part F
of chapter 60 of the laws of 2015 constituting the infrastructure
investment act, as amended by section 4 of part RRR of chapter 59 of the
laws of 2017, are amended to read as follows:
An entity selected by an authorized state entity to enter into a
design-build contract shall be selected [through a] BY A ONE OR two-step
method, [as follows] WHICH INCLUDES THE FOLLOWING FEATURES:
(a) Step one. Generation of a list of entities that have demonstrated
the general capability to perform the design-build contract. Such list
shall consist of a specified number of entities, as determined by an
authorized state entity, and shall be generated based upon the author-
ized state entity's review of responses to a publicly advertised request
for qualifications. The authorized state entity's request for qualifica-
tions shall include a general description of the project, the maximum
number of entities to be included on the list, the selection criteria to
S. 7508--B 37 A. 9508--B
be used and the relative weight of each criteria in generating the list.
Such selection criteria shall include the qualifications and experience
of the design and construction team, organization, demonstrated respon-
sibility, ability of the team or of a member or members of the team to
comply with applicable requirements, including the provisions of arti-
cles 145, 147 and 148 of the education law, past record of compliance
with the labor law, and such other qualifications the authorized state
entity deems appropriate which may include but are not limited to
project understanding, financial capability and record of past perform-
ance. The authorized state entity shall evaluate and rate all entities
responding to the request for qualifications. Based upon such ratings,
the authorized state entity shall list the entities that shall receive a
request for proposals in accordance with subdivision (b) of this
section. To the extent consistent with applicable federal law, the
authorized state entity shall consider, when awarding any contract
pursuant to this section, the participation of: (i) firms certified
pursuant to article 15-A of the executive law as minority or women-owned
businesses and the ability of other businesses under consideration to
work with minority and women-owned businesses so as to promote and
assist participation by such businesses; [and] (ii) small business
concerns identified pursuant to subdivision (b) of section 139-g of the
state finance law; AND (III) FIRMS CERTIFIED PURSUANT TO ARTICLE 17-B OF
THE EXECUTIVE LAW AS SERVICE-DISABLED VETERAN-OWNED BUSINESSES AND THE
ABILITY OF OTHER BUSINESSES UNDER CONSIDERATION TO WORK WITH SERVICE-
DISABLED VETERAN-OWNED BUSINESSES SO AS TO PROMOTE AND ASSIST PARTIC-
IPATION BY SUCH BUSINESSES.
§ 3. Section 8 of part F of chapter 60 of the laws of 2015 constitut-
ing the infrastructure investment act is amended to read as follows:
§ 8. Each contract entered into by the authorized state entity pursu-
ant to this section shall comply with the objectives and goals of minor-
ity and women-owned business enterprises pursuant to article 15-A of the
executive law AND OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
PURSUANT TO ARTICLE 17-B OF THE EXECUTIVE LAW or, for projects receiving
federal aid, shall comply with applicable federal requirements for
disadvantaged business enterprises.
§ 4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13
of part F of chapter 60 of the laws of 2015 constituting the infrastruc-
ture investment act, as amended by section 11 of part RRR of chapter 59
of the laws of 2017, are amended to read as follows:
3. (I) Utilizing a lump sum contract in which the contractor agrees to
accept a set dollar amount for a contract which comprises a single bid
without providing a cost breakdown for all costs such as for equipment,
labor, materials, as well as such contractor's profit for completing all
items of work comprising the project, WHICH LUMP SUM PRICE MAY BE NEGO-
TIATED AND ESTABLISHED BY THE AUTHORIZED STATE ENTITY BASED ON A
PROPOSED GUARANTEED MAXIMUM PRICE.
(II) THE DESIGN-BUILD CONTRACT MAY INCLUDE BOTH LUMP SUM ELEMENTS AND
COST-PLUS NOT TO EXCEED GUARANTEED MAXIMUM PRICE ELEMENTS AND MAY ALSO
PROVIDE FOR PROFESSIONAL SERVICES ON A FEE-FOR-SERVICE BASIS.
(b) Capital projects undertaken by an authorized state entity may
include an incentive clause in the contract for various performance
objectives, but the incentive clause shall not include an incentive that
exceeds the quantifiable value of the benefit received by the authorized
state entity. The authorized state entity shall [establish] REQUIRE such
performance and payment bonds as it deems necessary.
S. 7508--B 38 A. 9508--B
§ 5. Part F of chapter 60 of the laws of 2015 constituting the infras-
tructure investment act is amended by adding two new sections 15-a and
15-b to read as follows:
§ 15-A. ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO
BE AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF SECTION
2879 OF THE PUBLIC AUTHORITIES LAW.
§ 15-B. PUBLIC EMPLOYEES AS DEFINED BY PARAGRAPH (A) OF SUBDIVISION 7
OF SECTION 201 OF THE CIVIL SERVICE LAW AND WHO ARE EMPLOYED BY AUTHOR-
IZED ENTITIES AS DEFINED IN PARAGRAPH (I) OF SUBDIVISION (A) OF SECTION
TWO OF THIS ACT SHALL EXAMINE AND REVIEW CERTIFICATIONS PROVIDED BY
CONTRACTORS FOR CONFORMANCE WITH MATERIAL SOURCE TESTING, CERTIFICATIONS
TESTING, SURVEYING, MONITORING OF ENVIRONMENTAL COMPLIANCE, INDEPENDENT
QUALITY CONTROL TESTING AND INSPECTION AND QUALITY ASSURANCE AUDITS.
PERFORMANCE BY AUTHORIZED ENTITIES OF ANY REVIEW DESCRIBED IN THIS
SUBDIVISION SHALL NOT BE CONSTRUED TO MODIFY OR LIMIT CONTRACTORS' OBLI-
GATIONS TO PERFORM WORK IN STRICT ACCORDANCE WITH THE APPLICABLE
DESIGN-BUILD CONTRACTS OR THE CONTRACTORS' OR ANY SUBCONTRACTORS' OBLI-
GATIONS OR LIABILITIES UNDER ANY LAW.
§ 6. Section 16 of part F of chapter 60 of the laws of 2015 constitut-
ing the infrastructure investment act is amended to read as follows:
§ 16. A report shall be submitted on or no later than June 30, [2016]
2021 AND ANNUALLY THEREAFTER, to the governor, the temporary president
of the senate and the speaker of the assembly by the New York state
[urban development corporation] OFFICE OF GENERAL SERVICES ON BEHALF OF
AUTHORIZED ENTITIES DEFINED IN PARAGRAPH (I) OF SUBDIVISION (A) OF
SECTION TWO OF THIS ACT containing information on each authorized state
entity that has entered into a design-build contract pursuant to this
act, which shall include, but not be limited to, a description of each
SUCH DESIGN-BUILD CONTRACT, INFORMATION REGARDING THE PROCUREMENT PROC-
ESS FOR EACH SUCH DESIGN-BUILD project, [procurement information]
including the [short] list of qualified bidders, the total cost of each
DESIGN-BUILD project, AN EXPLANATION OF the estimated cost and schedule
savings of each project, an explanation of how the savings were deter-
mined, THE PARTICIPATION RATE AND TOTAL DOLLAR VALUE OF MINORITY- AND
WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
BUSINESSES, and whether a project labor agreement was used, and if
applicable, the justification for using a project labor agreement. SUCH
REPORT SHALL ALSO BE POSTED ON THE WEBSITE OF THE NEW YORK STATE OFFICE
OF GENERAL SERVICES FOR PUBLIC REVIEW.
§ 7. Section 17 of part F of chapter 60 of the laws of 2015 constitut-
ing the infrastructure investment act, as amended by section 1 of part
WWW of chapter 59 of the laws of 2019, is amended to read as follows:
§ 17. This act shall take effect immediately and shall expire and be
deemed repealed [6 years after such date] DECEMBER 31, 2022, provided
that, projects with requests for qualifications issued prior to such
repeal shall be permitted to continue under this act notwithstanding
such repeal.
§ 8. This act shall take effect immediately; provided, however, that
the amendments to part F of chapter 60 of the laws of 2015 made by
sections one, two, three, four, five and six of this act shall not
affect the repeal of such part and shall be deemed repealed therewith.
PART EE
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
S. 7508--B 39 A. 9508--B
corporation act, as amended by section 1 of part Z of chapter 58 of the
laws of 2019, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2020] 2021.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2020.
PART FF
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part Y of chapter 58 of the laws of 2019, is
amended to read as follows:
§ 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2020] 2021, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART GG
Section 1. Paragraph (a) of subdivision 11 of section 400 of the
economic development law, as amended by section 3 of part QQ of chapter
60 of the laws of 2016, is amended to read as follows:
(a) a correctional facility, as defined in paragraph (a) of subdivi-
sion four of section two of the correction law, that has been selected
by the governor of the state of New York for closure after April first,
two thousand eleven [but no later than March thirty-first, two thousand
twelve] BUT NO LATER THAN MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE;
or
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 400 of the economic development law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART HH
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, the zero emissions vehi-
cle and electric vehicle rebate program, and the Fuel NY program shall
be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $22,700,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
S. 7508--B 40 A. 9508--B
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount which may be
charged to any gas corporation and any electric corporation shall not
exceed one cent per one thousand cubic feet of gas sold and .010 cent
per kilowatt-hour of electricity sold by such corporations in their
intrastate utility operations in calendar year 2018. Such amounts shall
be excluded from the general assessment provisions of subdivision 2 of
section 18-a of the public service law. The chair of the public service
commission shall bill such gas and/or electric corporations for such
amounts on or before August 10, 2020 and such amounts shall be paid to
the New York state energy research and development authority on or
before September 10, 2020. Upon receipt, the New York state energy
research and development authority shall deposit such funds in the ener-
gy research and development operating fund established pursuant to
section 1859 of the public authorities law. The New York state energy
research and development authority is authorized and directed to: (1)
transfer up to $4 million to the state general fund for climate change
related services and expenses of the department of environmental conser-
vation, $150,000 to the state general fund for services and expenses of
the department of agriculture and markets, and $825,000 to the Universi-
ty of Rochester laboratory for laser energetics from the funds received;
and (2) commencing in 2016, provide to the chair of the public service
commission and the director of the budget and the chairs and secretaries
of the legislative fiscal committees, on or before August first of each
year, an itemized record, certified by the president and chief executive
officer of the authority, or his or her designee, detailing any and all
expenditures and commitments ascribable to moneys received as a result
of this assessment by the chair of the department of public service
pursuant to section 18-a of the public service law. This itemized
record shall include an itemized breakdown of the programs being funded
by this section and the amount committed to each program. The authority
shall not commit for any expenditure, any moneys derived from the
assessment provided for in this section, until the chair of such author-
ity shall have submitted, and the director of the budget shall have
approved, a comprehensive financial plan encompassing all moneys avail-
able to and all anticipated commitments and expenditures by such author-
ity from any source for the operations of such authority. Copies of the
approved comprehensive financial plan shall be immediately submitted by
the chair to the chairs and secretaries of the legislative fiscal
committees. Any such amount not committed by such authority to
contracts or contracts to be awarded or otherwise expended by the
authority during the fiscal year shall be refunded by such authority on
a pro-rata basis to such gas and/or electric corporations, in a manner
to be determined by the department of public service, and any refund
amounts must be explicitly lined out in the itemized record described
above.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART II
Section 1. Subdivision 16 of section 2 of the labor law, as added by
chapter 564 of the laws of 2010, is renumbered subdivision 17 and a new
subdivision 18 is added to read as follows:
18. "FARM LABORER" SHALL MEAN ANY INDIVIDUAL WHO WORKS ON A FARM AND
IS AN EMPLOYEE UNDER ARTICLE NINETEEN OF THIS CHAPTER. MEMBERS OF AN
S. 7508--B 41 A. 9508--B
EMPLOYER'S IMMEDIATE FAMILY WHO ARE RELATED TO THE THIRD DEGREE OF
CONSANGUINITY OR AFFINITY SHALL NOT BE CONSIDERED TO BE EMPLOYED ON A
FARM IF THEY WORK ON A FARM OUT OF FAMILIAL OBLIGATIONS AND ARE NOT PAID
WAGES, OR OTHER COMPENSATION BASED ON THEIR HOURS OR DAYS OF WORK.
§ 2. Paragraph (c) of subdivision 3 of section 701 of the labor law,
as added by chapter 105 of the laws of 2019, is amended to read as
follows:
(c) The term "employee" shall also include farm laborers. "Farm labor-
ers" shall mean any individual engaged or permitted by an employer to
work on a farm[, except the parent, spouse, child, or other member of
the employer's immediate family]. MEMBERS OF AN AGRICULTURAL EMPLOYER'S
IMMEDIATE FAMILY WHO ARE RELATED TO THE THIRD DEGREE OF CONSANGUINITY OR
AFFINITY SHALL NOT BE CONSIDERED TO BE EMPLOYED ON A FARM IF THEY WORK
ON A FARM OUT OF FAMILIAL OBLIGATIONS AND ARE NOT PAID WAGES, OR OTHER
COMPENSATION BASED ON THEIR HOURS OR DAYS OF WORK.
§ 3. Section 705 of the labor law is amended by adding a new subdivi-
sion 1-b to read as follows:
1-B. THE BOARD SHALL DETERMINE WHETHER ANY SUPERVISORY EMPLOYEE SHALL
BE EXCLUDED FROM ANY NEGOTIATING UNIT THAT INCLUDES RANK-AND-FILE FARM
LABORERS; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO LIMIT OR PROHIBIT ANY SUPERVISORY EMPLOYEE FROM ORGANIZING
A SEPARATE NEGOTIATING UNIT.
§ 4. The closing paragraph of subdivision 1 of section 161 of the
labor law, as added by chapter 105 of the laws of 2019, is amended to
read as follows:
Every person employed as a farm laborer shall be allowed at least
twenty-four consecutive hours of rest in each and every calendar week.
[This requirement shall not apply to the parent, child, spouse or other
member of the employer's immediate family.] Twenty-four consecutive
hours spent at rest because of circumstances, such as weather or crop
conditions, shall be deemed to constitute the rest required by this
paragraph. No provision of this paragraph shall prohibit a farm laborer
from voluntarily agreeing to work on such day of rest required by this
paragraph, provided that the farm laborer is compensated at an overtime
rate which is at least one and one-half times the laborer's regular rate
of pay for all hours worked on such day of rest. The term "farm labor"
shall include all services performed in agricultural employment in
connection with cultivating the soil, or in connection with raising or
harvesting of agricultural commodities, including the raising, shearing,
caring for and management of livestock, poultry or dairy. The day of
rest authorized under this subdivision should, whenever possible, coin-
cide with the traditional day reserved by the farm laborer for religious
worship.
§ 5. Section 163-a of the labor law, as added by chapter 105 of the
laws of 2019, is amended to read as follows:
§ 163-a. Farm laborers. No person or corporation operating a farm
shall require any [employee] FARM LABORER to work more than sixty hours
in any calendar week; provided, however, that any overtime work
performed by a farm laborer shall be at a rate which is at least one and
one-half times the FARM laborer's regular rate of pay. [No wage order
subject to the provisions of this chapter shall be applicable to a farm
laborer other than a wage order established pursuant to section six
hundred seventy-four or six hundred seventy-four-a of this chapter.]
§ 6. The opening paragraph of subdivision 2 of section 652 of the
labor law, as amended by chapter 38 of the laws of 1990, is amended to
read as follows:
S. 7508--B 42 A. 9508--B
The minimum wage orders in effect on the effective date of this act
shall remain in full force and effect, except as modified in accordance
with the provisions of this article; PROVIDED, HOWEVER, THAT THE MINIMUM
WAGE ORDER FOR FARM WORKERS CODIFIED AT PART ONE HUNDRED NINETY OF TITLE
TWELVE OF THE NEW YORK CODE OF RULES AND REGULATIONS IN EFFECT ON JANU-
ARY FIRST, TWO THOUSAND TWENTY SHALL BE DEEMED TO BE A WAGE ORDER ESTAB-
LISHED AND ADOPTED UNDER THIS ARTICLE AND SHALL REMAIN IN FULL FORCE AND
EFFECT EXCEPT AS MODIFIED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE OR ARTICLE NINETEEN-A OF THIS CHAPTER.
§ 7. Subdivision 2 of section 671 of the labor law, as added by chap-
ter 552 of the laws of 1969, is amended to read as follows:
2. "Employee" includes any individual employed or permitted to work by
an employer on a farm but shall not include: (a) domestic service in the
home of the employer; (b) the parent, spouse, child or other member of
the employer's immediate family; (c) a minor under seventeen years of
age employed as a hand harvest worker on the same farm as his parent or
guardian and who is paid on a piece-rate basis at the same piece rate as
employees seventeen years of age or over; OR (d) an individual employed
or permitted to work for a federal, state, or a municipal government or
political subdivision thereof[; or (e) an individual to whom the
provisions of article nineteen of this chapter are applicable].
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2020.
PART JJ
Section 1. Subparagraph (ii) of paragraph a of subdivision 9 of
section 103 of the general municipal law, as amended by chapter 90 of
the laws of 2017, is amended to read as follows:
(ii) such association of producers or growers is comprised of owners
of farms who also operate such farms and have combined to fill the order
of a school district or board of cooperative educational services, and
where such order is for [fifty] ONE HUNDRED thousand dollars or less as
herein authorized, provided however, that a school district or board of
cooperative educational services may apply to the commissioner of educa-
tion for permission to purchase orders of more than [fifty] ONE HUNDRED
thousand dollars from an association of owners of such farms when no
other producers or growers have offered to sell to such school;
§ 2. This act shall take effect immediately.
PART KK
Section 1. Subdivision 4 of section 1285-j of the public authorities
law is amended by adding a new closing paragraph to read as follows:
SUBJECT TO ANY APPLICABLE PROVISIONS OF FEDERAL OR STATE LAW, ANY
FINANCIAL ASSISTANCE AT AN INTEREST RATE OF ZERO PERCENT PROVIDED TO
MUNICIPALITIES THAT MEET THE FINANCIAL HARDSHIP CRITERIA REGULATIONS
ESTABLISHED PURSUANT TO SECTION 17-1909 OF THE ENVIRONMENTAL CONSERVA-
TION LAW, MAY HAVE A FINAL MATURITY UP TO FORTY YEARS FOLLOWING SCHED-
ULED COMPLETION OF THE ELIGIBLE PROJECT.
§ 2. Subdivision 4 of section 1285-m of the public authorities law is
amended by adding a new closing paragraph to read as follows:
SUBJECT TO ANY APPLICABLE PROVISIONS OF FEDERAL OR STATE LAW, ANY
FINANCIAL ASSISTANCE AT AN INTEREST RATE OF ZERO PERCENT PROVIDED TO
RECIPIENTS THAT MEET THE FINANCIAL HARDSHIP CRITERIA REGULATIONS ESTAB-
LISHED PURSUANT TO TITLE FOUR OF ARTICLE ELEVEN OF THE PUBLIC HEALTH
S. 7508--B 43 A. 9508--B
LAW, MAY HAVE A FINAL MATURITY UP TO FORTY YEARS FOLLOWING SCHEDULED
COMPLETION OF THE ELIGIBLE PROJECT.
§ 3. This act shall take effect immediately.
PART LL
Intentionally Omitted
PART MM
Section 1. The financial services law is amended by adding a new arti-
cle 7 to read as follows:
ARTICLE 7
STUDENT DEBT CONSULTANTS
SECTION 701. DEFINITIONS.
702. PROHIBITIONS.
703. DISCLOSURE REQUIREMENTS.
704. STUDENT DEBT CONSULTING CONTRACTS.
705. PENALTIES AND OTHER PROVISIONS.
706. RULES AND REGULATIONS.
§ 701. DEFINITIONS. (A) THE TERM "ADVERTISEMENT" SHALL INCLUDE, BUT
IS NOT LIMITED TO, ALL FORMS OF MARKETING, SOLICITATION, OR DISSEM-
INATION OF INFORMATION RELATED, DIRECTLY OR INDIRECTLY, TO SECURING OR
OBTAINING A STUDENT DEBT CONSULTING CONTRACT OR SERVICES. FURTHER, IT
SHALL INCLUDE ALL COMMONLY RECOGNIZED FORMS OF MEDIA MARKETING VIA TELE-
VISION, RADIO, PRINT MEDIA, ALL FORMS OF ELECTRONIC COMMUNICATION VIA
THE INTERNET, AND ALL PREPARED SALES PRESENTATIONS GIVEN IN PERSON OR
OVER THE INTERNET TO THE GENERAL PUBLIC.
(B) "BORROWER" MEANS ANY RESIDENT OF THIS STATE WHO HAS RECEIVED A
STUDENT LOAN OR AGREED IN WRITING TO PAY A STUDENT LOAN OR ANY PERSON
WHO SHARES A LEGAL OBLIGATION WITH SUCH RESIDENT FOR REPAYING A STUDENT
LOAN.
(C) "FSA ID" MEANS A USERNAME AND PASSWORD ALLOCATED TO AN INDIVIDUAL
BY THE FEDERAL GOVERNMENT TO ENABLE THE INDIVIDUAL TO LOG IN TO CERTAIN
UNITED STATES DEPARTMENT OF EDUCATION WEBSITES, AND MAY BE USED TO SIGN
CERTAIN DOCUMENTS ELECTRONICALLY.
(D) "STUDENT LOAN" MEANS ANY LOAN TO A BORROWER TO FINANCE POST-SECON-
DARY EDUCATION OR EXPENSES RELATED TO POST-SECONDARY EDUCATION.
(E) "STUDENT DEBT CONSULTING CONTRACT" OR "CONTRACT" MEANS AN AGREE-
MENT BETWEEN A BORROWER AND A CONSULTANT UNDER WHICH THE CONSULTANT
AGREES TO PROVIDE STUDENT DEBT CONSULTING SERVICES.
(F) "STUDENT DEBT CONSULTANT" OR "CONSULTANT" MEANS AN INDIVIDUAL OR A
CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER BUSINESS
ENTITY THAT, DIRECTLY OR INDIRECTLY, SOLICITS OR UNDERTAKES EMPLOYMENT
TO PROVIDE STUDENT DEBT CONSULTING SERVICES. A CONSULTANT DOES NOT
INCLUDE THE FOLLOWING:
(1) A PERSON OR ENTITY WHO HOLDS OR IS OWED AN OBLIGATION ON THE
STUDENT LOAN WHILE THE PERSON OR ENTITY PERFORMS SERVICES IN CONNECTION
WITH THE STUDENT LOAN;
(2) A BANK, TRUST COMPANY, PRIVATE BANKER, BANK HOLDING COMPANY,
SAVINGS BANK, SAVINGS AND LOAN ASSOCIATION, THRIFT HOLDING COMPANY,
CREDIT UNION OR INSURANCE COMPANY ORGANIZED UNDER THE LAWS OF THIS
STATE, ANOTHER STATE OR THE UNITED STATES, OR A SUBSIDIARY OR AFFILIATE
OF SUCH ENTITY OR A FOREIGN BANKING CORPORATION LICENSED BY THE SUPER-
INTENDENT OF FINANCIAL SERVICES OR THE COMPTROLLER OF THE CURRENCY;
S. 7508--B 44 A. 9508--B
(3) A BONA FIDE NOT-FOR-PROFIT ORGANIZATION THAT OFFERS COUNSELING OR
ADVICE TO BORROWERS;
(4) AN ATTORNEY ADMITTED TO PRACTICE IN THE STATE OF NEW YORK WHEN THE
ATTORNEY IS PROVIDING STUDENT DEBT CONSULTING SERVICES TO A BORROWER
FREE OF CHARGE;
(5) A PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTION OR PRIVATE NONPRO-
FIT POST-SECONDARY EDUCATIONAL INSTITUTION; OR
(6) SUCH OTHER PERSONS AS THE SUPERINTENDENT PRESCRIBES BY RULE.
(G) "STUDENT DEBT CONSULTING SERVICES" MEANS SERVICES THAT A STUDENT
DEBT CONSULTANT PROVIDES TO A BORROWER THAT THE CONSULTANT REPRESENTS
WILL HELP TO ACHIEVE ANY OF THE FOLLOWING:
(1) STOP, ENJOIN, DELAY, VOID, SET ASIDE, ANNUL, STAY OR POSTPONE A
DEFAULT, BANKRUPTCY, TAX OFFSET, OR GARNISHMENT PROCEEDING;
(2) OBTAIN A FORBEARANCE, DEFERMENT, OR OTHER RELIEF THAT TEMPORARILY
HALTS REPAYMENT OF A STUDENT LOAN;
(3) ASSIST THE BORROWER WITH PREPARING OR FILING DOCUMENTS RELATED TO
STUDENT LOAN REPAYMENT;
(4) ADVISE THE BORROWER WHICH STUDENT LOAN REPAYMENT PLAN OR FORGIVE-
NESS PROGRAM TO CONSIDER;
(5) ENROLL THE BORROWER IN ANY STUDENT LOAN REPAYMENT, FORGIVENESS,
DISCHARGE, OR CONSOLIDATION PROGRAM;
(6) ASSIST THE BORROWER IN RE-ESTABLISHING ELIGIBILITY FOR FEDERAL
STUDENT FINANCIAL ASSISTANCE;
(7) ASSIST THE BORROWER IN REMOVING A STUDENT LOAN FROM DEFAULT; OR
(8) EDUCATE THE BORROWER ABOUT STUDENT LOAN REPAYMENT.
§ 702. PROHIBITIONS. A STUDENT DEBT CONSULTANT IS PROHIBITED FROM
DOING THE FOLLOWING:
(A) PERFORMING STUDENT DEBT CONSULTING SERVICES WITHOUT A LEGAL WRIT-
TEN, FULLY-EXECUTED CONTRACT WITH A BORROWER THAT COMPORTS WITH THE
PROVISIONS OF THIS ARTICLE;
(B) CHARGING FOR OR ACCEPTING ANY PAYMENT FOR STUDENT DEBT CONSULTING
SERVICES BEFORE THE FULL COMPLETION OF ALL SUCH SERVICES, INCLUDING A
PAYMENT TO BE PLACED IN ESCROW OR ANY OTHER ACCOUNT PENDING THE
COMPLETION OF SUCH SERVICES;
(C) TAKING A POWER OF ATTORNEY FROM A BORROWER;
(D) RETAINING ANY ORIGINAL LOAN DOCUMENT OR OTHER ORIGINAL DOCUMENT
RELATED TO A BORROWER'S STUDENT LOAN;
(E) REQUESTING THAT A BORROWER PROVIDE HIS OR HER FSA ID TO THE
CONSULTANT, OR ACCEPTING A BORROWER'S FSA ID;
(F) STATING OR IMPLYING THAT A BORROWER WILL NOT BE ABLE TO OBTAIN
RELIEF ON THEIR OWN;
(G) MISREPRESENTING, EXPRESSLY OR BY IMPLICATION, THAT:
(1) THE CONSULTANT IS A PART OF, AFFILIATED WITH, OR ENDORSED OR SPON-
SORED BY THE GOVERNMENT, GOVERNMENT LOAN PROGRAMS, THE UNITED STATES
DEPARTMENT OF EDUCATION, OR BORROWERS' STUDENT LOAN SERVICERS; OR
(2) SOME OR ALL OF A BORROWER'S PAYMENTS TO THE CONSULTANT WILL BE
APPLIED TOWARDS THE BORROWER'S STUDENT LOANS.
(H) INDUCING OR ATTEMPTING TO INDUCE A STUDENT DEBTOR TO ENTER A
CONTRACT THAT DOES NOT FULLY COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
OR
(I) ENGAGING IN ANY UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE.
§ 703. DISCLOSURE REQUIREMENTS. (A) A STUDENT DEBT CONSULTANT SHALL
CLEARLY AND CONSPICUOUSLY DISCLOSE IN ALL ADVERTISEMENTS:
(1) THE ACTUAL SERVICES THE CONSULTANT PROVIDES TO BORROWERS;
(2) THAT BORROWERS MAY APPLY FOR CONSOLIDATION LOANS FROM THE UNITED
STATES DEPARTMENT OF EDUCATION AT NO COST, INCLUDING PROVIDING A DIRECT
S. 7508--B 45 A. 9508--B
LINK IN ALL ONLINE ADVERTISING AND CONTACT INFORMATION IN ALL PRINT
ADVERTISING TO THE APPLICATION MATERIALS FOR A DIRECT CONSOLIDATION LOAN
FROM THE UNITED STATES DEPARTMENT OF EDUCATION;
(3) THAT CONSOLIDATION OR OTHER SERVICES OFFERED BY THE CONSULTANT MAY
NOT BE THE BEST OR ONLY OPTION FOR BORROWERS;
(4) THAT ALTERNATIVE FEDERAL STUDENT LOAN REPAYMENT PLANS, INCLUDING
INCOME-BASED PROGRAMS, THAT DO NOT REQUIRE CONSOLIDATING EXISTING FEDER-
AL STUDENT LOANS MAY BE AVAILABLE; AND
(5) THAT BORROWERS SHOULD CONSIDER CONSULTING THEIR STUDENT LOAN
SERVICER BEFORE SIGNING ANY LEGAL DOCUMENT CONCERNING A STUDENT LOAN.
(B) THE DISCLOSURES REQUIRED BY SUBSECTION (A) OF THIS SECTION, IF
DISSEMINATED THROUGH PRINT MEDIA OR THE INTERNET, SHALL BE CLEARLY AND
LEGIBLY PRINTED OR DISPLAYED IN NOT LESS THAN TWELVE-POINT BOLD TYPE,
OR, IF THE ADVERTISEMENT IS PRINTED TO BE DISPLAYED IN PRINT THAT IS
SMALLER THAN TWELVE POINT, IN BOLD TYPE PRINT THAT IS NO SMALLER THAN
THE PRINT IN WHICH THE TEXT OF THE ADVERTISEMENT IS PRINTED OR
DISPLAYED.
(C) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONSULTANTS WHO
DISSEMINATE ADVERTISEMENTS IN THE STATE OF NEW YORK OR WHO INTEND TO
DIRECTLY OR INDIRECTLY CONTACT A BORROWER WHO HAS A STUDENT LOAN AND IS
A RESIDENT OF OR A STUDENT IN NEW YORK STATE. CONSULTANTS SHALL ESTAB-
LISH AND AT ALL TIMES MAINTAIN CONTROL OVER THE CONTENT, FORM AND METHOD
OF DISSEMINATION OF ALL ADVERTISEMENTS OF THEIR SERVICES. FURTHER, ALL
ADVERTISEMENTS SHALL BE SUFFICIENTLY COMPLETE AND CLEAR TO AVOID THE
POSSIBILITY TO MISLEAD OR DECEIVE.
§ 704. STUDENT DEBT CONSULTING CONTRACTS. (A) A STUDENT DEBT CONSULT-
ING CONTRACT SHALL:
(1) CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES;
(2) BE PROVIDED IN WRITING TO THE BORROWER FOR REVIEW BEFORE SIGNING;
(3) BE PRINTED IN AT LEAST TWELVE-POINT TYPE AND WRITTEN IN THE SAME
LANGUAGE THAT IS USED BY THE BORROWER AND WAS USED IN DISCUSSIONS
BETWEEN THE CONSULTANT AND THE BORROWER TO DESCRIBE THE BORROWER'S
SERVICES OR TO NEGOTIATE THE CONTRACT;
(4) FULLY DISCLOSE THE EXACT NATURE OF THE SERVICES TO BE PROVIDED BY
THE CONSULTANT OR ANYONE WORKING IN ASSOCIATION WITH THE CONSULTANT;
(5) FULLY DISCLOSE THE TOTAL AMOUNT AND TERMS OF COMPENSATION FOR SUCH
SERVICES;
(6) CONTAIN THE NAME, BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE
CONSULTANT AND THE STREET ADDRESS, IF DIFFERENT, AND FACSIMILE NUMBER OR
EMAIL ADDRESS OF THE CONSULTANT WHERE COMMUNICATIONS FROM THE DEBTOR MAY
BE DELIVERED;
(7) BE DATED AND PERSONALLY SIGNED BY THE BORROWER AND THE CONSULTANT
AND BE WITNESSED AND ACKNOWLEDGED BY A NEW YORK NOTARY PUBLIC; AND
(8) CONTAIN THE FOLLOWING NOTICE, WHICH SHALL BE PRINTED IN AT LEAST
FOURTEEN-POINT BOLDFACE TYPE, COMPLETED WITH THE NAME OF THE PROVIDER,
AND LOCATED IN IMMEDIATE PROXIMITY TO THE SPACE RESERVED FOR THE
DEBTOR'S SIGNATURE:
"NOTICE REQUIRED BY NEW YORK LAW
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY
TIME BEFORE MIDNIGHT OF
......... (FIFTH BUSINESS DAY AFTER EXECUTION).
......... (NAME OF CONSULTANT) (THE "CONSULTANT") OR ANYONE WORKING FOR
THE CONSULTANT MAY NOT TAKE ANY MONEY FROM YOU OR ASK YOU FOR MONEY
UNTIL THE CONSULTANT HAS COMPLETELY FINISHED DOING EVERYTHING THIS
CONTRACT SAYS THE CONSULTANT WILL DO.
S. 7508--B 46 A. 9508--B
YOU SHOULD CONSIDER CONTACTING YOUR STUDENT LOAN SERVICER BEFORE SIGNING
ANY LEGAL DOCUMENT CONCERNING YOUR STUDENT LOAN. IN ADDITION, YOU MAY
WANT TO VISIT THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES'
STUDENT LENDING RESOURCE CENTER AT WWW.DFS.NY.GOV/STUDENTPROTECTION. THE
LAW REQUIRES THAT THIS CONTRACT CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU
AND THE PROVIDER. YOU SHOULD NOT RELY UPON ANY OTHER WRITTEN OR ORAL
AGREEMENT OR PROMISE."
THE PROVIDER SHALL ACCURATELY ENTER THE DATE ON WHICH THE RIGHT TO
CANCEL ENDS.
(B) (1) THE BORROWER HAS THE RIGHT TO CANCEL, WITHOUT ANY PENALTY OR
OBLIGATION, ANY CONTRACT WITH A CONSULTANT UNTIL MIDNIGHT OF THE FIFTH
BUSINESS DAY FOLLOWING THE DAY ON WHICH THE CONSULTANT AND THE BORROWER
SIGN A CONSULTING CONTRACT. CANCELLATION OCCURS WHEN THE BORROWER, OR A
REPRESENTATIVE OF THE BORROWER, EITHER DELIVERS WRITTEN NOTICE OF
CANCELLATION IN PERSON TO THE ADDRESS SPECIFIED IN THE CONSULTING
CONTRACT OR SENDS A WRITTEN COMMUNICATION BY FACSIMILE, BY UNITED STATES
MAIL OR BY AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE. A DATED
PROOF OF FACSIMILE DELIVERY OR PROOF OF MAILING CREATES A PRESUMPTION
THAT THE NOTICE OF CANCELLATION HAS BEEN DELIVERED ON THE DATE THE
FACSIMILE IS SENT OR THE NOTICE IS DEPOSITED IN THE MAIL OR WITH THE
DELIVERY SERVICE. CANCELLATION OF THE CONTRACT SHALL RELEASE THE BORROW-
ER FROM ALL OBLIGATIONS TO PAY FEES OR ANY OTHER COMPENSATION TO THE
CONSULTANT.
(2) THE CONTRACT SHALL BE ACCOMPANIED BY TWO COPIES OF A FORM,
CAPTIONED "NOTICE OF CANCELLATION" IN AT LEAST TWELVE-POINT BOLD TYPE.
THIS FORM SHALL BE ATTACHED TO THE CONTRACT, SHALL BE EASILY DETACHABLE,
AND SHALL CONTAIN THE FOLLOWING STATEMENT WRITTEN IN THE SAME LANGUAGE
AS USED IN THE CONTRACT, AND THE CONTRACTOR SHALL INSERT ACCURATE INFOR-
MATION AS TO THE DATE ON WHICH THE RIGHT TO CANCEL ENDS AND THE CONTRAC-
TOR'S CONTACT INFORMATION:
"NOTICE OF CANCELLATION
NOTE: YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION,
AT ANY TIME BEFORE MIDNIGHT OF (ENTER DATE)
TO CANCEL THIS CONTRACT, SIGN AND DATE BOTH COPIES OF THIS CANCELLATION
NOTICE AND PERSONALLY DELIVER ONE COPY OR SEND IT BY FACSIMILE, UNITED
STATES MAIL, OR AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE, INDI-
CATING CANCELLATION TO THE CONSULTANT AT ONE OF THE FOLLOWING:
NAME OF CONSULTANT
STREET ADDRESS
CITY, STATE, ZIP
FACSIMILE:
I HEREBY CANCEL THIS TRANSACTION.
NAME OF BORROWER:
SIGNATURE OF BORROWER:
DATE: "
(3) WITHIN TEN DAYS FOLLOWING RECEIPT OF A NOTICE OF CANCELLATION
GIVEN IN ACCORDANCE WITH THIS SUBSECTION, THE CONSULTANT SHALL RETURN
ANY ORIGINAL CONTRACT AND ANY OTHER DOCUMENTS SIGNED BY OR PROVIDED BY
THE BORROWER. CANCELLATION SHALL RELEASE THE BORROWER OF ALL OBLIGATIONS
TO PAY ANY FEES OR COMPENSATION TO THE CONSULTANT.
§ 705. PENALTIES AND OTHER PROVISIONS. (A) IF THE SUPERINTENDENT
FINDS, AFTER NOTICE AND HEARING, THAT A CONSULTANT HAS KNOWINGLY
VIOLATED ANY PROVISION OF THIS ARTICLE AND THE VIOLATION WAS MATERIAL,
THE SUPERINTENDENT MAY: (1) MAKE NULL AND VOID ANY AGREEMENT BETWEEN THE
BORROWER AND THE CONSULTANT; AND (2) IMPOSE A CIVIL PENALTY OF NOT MORE
THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
S. 7508--B 47 A. 9508--B
(B) IF THE CONSULTANT VIOLATES ANY PROVISION OF THIS ARTICLE AND THE
BORROWER SUFFERS DAMAGE BECAUSE OF THE VIOLATION, THE BORROWER MAY
RECOVER ACTUAL AND CONSEQUENTIAL DAMAGES AND COSTS FROM THE CONSULTANT
IN AN ACTION BASED ON THIS ARTICLE. IF THE CONSULTANT RECKLESSLY
VIOLATES ANY PROVISION OF THIS ARTICLE, THE COURT MAY AWARD ATTORNEYS'
FEES AND COSTS. IF THE CONSULTANT INTENTIONALLY VIOLATES ANY PROVISION
OF THIS ARTICLE, THE COURT MAY AWARD TREBLE DAMAGES, ATTORNEYS' FEES AND
COSTS.
(C) ANY PROVISION OF A STUDENT DEBT CONSULTING CONTRACT THAT ATTEMPTS
OR PURPORTS TO LIMIT THE LIABILITY OF THE CONSULTANT UNDER THIS ARTICLE
SHALL BE NULL AND VOID. INCLUSION OF SUCH PROVISION SHALL AT THE OPTION
OF THE BORROWER RENDER THE CONTRACT VOID. ANY PROVISION IN A CONTRACT
WHICH ATTEMPTS OR PURPORTS TO REQUIRE ARBITRATION OF ANY DISPUTE ARISING
UNDER THIS ARTICLE SHALL BE VOID AT THE OPTION OF THE BORROWER. ANY
WAIVER OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID AND UNENFORCEABLE
AS CONTRARY TO PUBLIC POLICY.
(D) THE PROVISIONS OF THIS ARTICLE ARE NOT EXCLUSIVE AND ARE IN ADDI-
TION TO ANY OTHER REQUIREMENTS, RIGHTS, REMEDIES, AND PENALTIES PROVIDED
BY LAW.
§ 706. RULES AND REGULATIONS. IN ADDITION TO SUCH POWERS AS MAY
OTHERWISE BE PRESCRIBED BY THIS CHAPTER, THE SUPERINTENDENT IS HEREBY
AUTHORIZED AND EMPOWERED TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY
IN THE JUDGMENT OF THE SUPERINTENDENT BE CONSISTENT WITH THE PURPOSES OF
THIS ARTICLE, OR APPROPRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS
ARTICLE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART NN
Intentionally Omitted
PART OO
Intentionally Omitted
PART PP
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 30 to read as follows:
TITLE 30
EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL
PACKAGING BAN
SECTION 27-3001. DEFINITIONS.
27-3003. EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE
LOOSE FILL PACKAGING BAN.
27-3005. EXEMPTIONS AND WAIVERS.
27-3007. PREEMPTION.
27-3009. SEVERABILITY.
§ 27-3001. DEFINITIONS.
FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "COVERED FOOD SERVICE PROVIDER" MEANS A PERSON ENGAGED IN THE BUSI-
NESS OF SELLING OR DISTRIBUTING PREPARED FOOD OR BEVERAGES FOR ON-PREM-
ISE OR OFF-PREMISE CONSUMPTION INCLUDING BUT NOT LIMITED TO: (A) FOOD
SERVICE ESTABLISHMENTS, CATERERS, TEMPORARY FOOD SERVICE ESTABLISHMENTS,
S. 7508--B 48 A. 9508--B
MOBILE FOOD SERVICE ESTABLISHMENTS, AND PUSHCARTS AS DEFINED IN THE NEW
YORK STATE SANITARY CODE; (B) RETAIL FOOD STORES AS DEFINED IN ARTICLE
28 OF THE AGRICULTURE AND MARKETS LAW; (C) DELICATESSENS; (D) GROCERY
STORES; (E) RESTAURANTS; (F) CAFETERIAS; (G) COFFEE SHOPS; (H) HOSPI-
TALS, ADULT CARE FACILITIES, AND NURSING HOMES; AND (I) ELEMENTARY AND
SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES.
2. "DISPOSABLE FOOD SERVICE CONTAINER" MEANS A BOWL, CARTON, CLAM-
SHELL, CUP, LID, PLATE, TRAY, OR ANY OTHER PRODUCT THAT IS DESIGNED OR
USED FOR THE TEMPORARY STORAGE OR TRANSPORT OF A PREPARED FOOD OR BEVER-
AGE INCLUDING A CONTAINER GENERALLY RECOGNIZED BY THE PUBLIC AS BEING
DESIGNED FOR SINGLE USE.
3. "EXPANDED POLYSTYRENE FOAM" MEANS EXPANDED FOAM THERMOPLASTICS
UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES.
SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
4. "MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION THAT PRODUC-
ES OR IMPORTS POLYSTYRENE LOOSE FILL PACKAGING THAT IS SOLD, OFFERED FOR
SALE, OR DISTRIBUTED IN THE STATE.
5. "POLYSTYRENE LOOSE FILL PACKAGING" MEANS A VOID-FILLING PACKAGING
PRODUCT MADE OF EXPANDED POLYSTYRENE FOAM THAT IS USED AS A PACKAGING
FILL, COMMONLY REFERRED TO AS PACKING PEANUTS.
6. "PREPARED FOOD" MEANS FOOD OR BEVERAGES THAT ARE COOKED, CHOPPED,
SLICED, MIXED, BREWED, FROZEN, HEATED, SQUEEZED, COMBINED OR OTHERWISE
PREPARED ON THE PREMISES OF A COVERED FOOD SERVICE PROVIDER FOR IMMEDI-
ATE CONSUMPTION AND REQUIRE NO FURTHER PREPARATION TO BE CONSUMED.
PREPARED FOOD INCLUDES BUT IS NOT LIMITED TO READY TO EAT TAKEOUT FOODS
AND BEVERAGES.
7. "RIGID POLYSTYRENE" MEANS PLASTIC PACKAGING MADE FROM RIGID, POLYS-
TYRENE RESIN THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
8. "STORE" MEANS A RETAIL OR WHOLESALE ESTABLISHMENT OTHER THAN A
COVERED FOOD SERVICE PROVIDER.
§ 27-3003. EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE
FILL PACKAGING BAN.
1. (A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED
FOOD SERVICE PROVIDER OR STORE SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE
DISPOSABLE FOOD SERVICE CONTAINERS THAT CONTAIN EXPANDED POLYSTYRENE
FOAM IN THE STATE.
(B) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO MANUFACTURER
OR STORE SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE POLYSTYRENE LOOSE
FILL PACKAGING IN THE STATE.
2. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY OTHER SUCH RULES AND
REGULATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS TITLE INCLUDING CRITERIA RELATED TO WHAT CONSTITUTES COMPARABLE
COSTS PURSUANT TO SUBDIVISION TWO OF SECTION 27-3005 OF THIS TITLE.
§ 27-3005. EXEMPTIONS AND WAIVERS.
1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THIS TITLE SHALL
NOT APPLY TO:
(A) PREPACKAGED FOOD FILLED OR SEALED PRIOR TO RECEIPT AT A COVERED
FOOD SERVICE PROVIDER; OR
(B) RAW MEAT, PORK, SEAFOOD, POULTRY OR FISH SOLD FOR THE PURPOSE OF
COOKING OR PREPARING OFF-PREMISES BY THE CUSTOMER.
2. ANY FACILITY, REGARDLESS OF ITS INCOME, INCLUDING SOUP KITCHENS,
FOOD PANTRIES AND PLACES OF WORSHIP, OPERATED BY A NOT-FOR-PROFIT CORPO-
RATION OR BY A FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY THAT PROVIDES
FOOD TO NEEDY INDIVIDUALS AT NO OR NOMINAL CHARGE, AND ANY COVERED FOOD
SERVICE PROVIDER HAVING AN ANNUAL GROSS INCOME UNDER FIVE HUNDRED THOU-
SAND DOLLARS PER LOCATION AS STATED ON THE INCOME TAX FILING FOR THE
S. 7508--B 49 A. 9508--B
MOST RECENT TAX YEAR AND THAT: (A) DOES NOT OPERATE TEN OR MORE
LOCATIONS WITHIN THE STATE; AND (B) IS NOT OPERATED PURSUANT TO A FRAN-
CHISE AGREEMENT MAY REQUEST FROM THE DEPARTMENT, IN A MANNER AND FORM
ESTABLISHED BY THE DEPARTMENT, A FINANCIAL HARDSHIP WAIVER OF THE
REQUIREMENTS OF SECTION 27-3003 OF THIS TITLE. SUCH WAIVER REQUEST MAY
APPLY TO ONE OR MORE DISPOSABLE FOOD SERVICE CONTAINERS SOLD, OFFERED
FOR SALE, OR DISTRIBUTED BY ANY SUCH COVERED FOOD SERVICE PROVIDER. THE
DEPARTMENT SHALL GRANT A WAIVER IF SUCH COVERED FOOD SERVICE PROVIDER
DEMONSTRATES THAT THERE IS NO ALTERNATIVE PRODUCT OF COMPARABLE COST
THAT IS NOT COMPOSED OF EXPANDED POLYSTYRENE FOAM AND THAT THE PURCHASE
OR USE OF AN ALTERNATIVE PRODUCT THAT IS NOT COMPOSED OF EXPANDED POLYS-
TYRENE FOAM WOULD CREATE AN UNDUE FINANCIAL HARDSHIP. SUCH FINANCIAL
HARDSHIP WAIVER SHALL BE VALID FOR TWELVE MONTHS AND SHALL BE RENEWABLE
UPON APPLICATION TO THE DEPARTMENT.
§ 27-3007. PREEMPTION.
1. EXCEPT AS PROVIDED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION,
THIS TITLE SHALL SUPERSEDE AND PREEMPT ALL LOCAL LAWS, ORDINANCES OR
REGULATIONS GOVERNING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF
DISPOSABLE FOOD SERVICE CONTAINERS CONTAINING EXPANDED POLYSTYRENE FOAM
AND POLYSTYRENE LOOSE FILL PACKAGING.
2. ANY LOCAL LAW, ORDINANCE OR REGULATION OF ANY COUNTY SHALL NOT BE
PREEMPTED IF SUCH LOCAL LAW, ORDINANCE OR REGULATION PROVIDES ENVIRON-
MENTAL PROTECTION EQUAL TO OR GREATER THAN THE PROVISIONS OF THIS TITLE
OR ANY RULES OR REGULATIONS PROMULGATED HEREUNDER, AND SUCH COUNTY FILES
WITH THE DEPARTMENT A WRITTEN DECLARATION OF ITS INTENT TO ADMINISTER
AND ENFORCE SUCH LOCAL LAW, ORDINANCE OR REGULATION.
3. THIS TITLE SHALL NOT APPLY IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE WHICH HAS A LOCAL LAW, ORDINANCE OR REGULATION IN PLACE
WHICH RESTRICTS THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF EXPANDED
POLYSTYRENE CONTAINERS AND POLYSTYRENE LOOSE FILL PACKAGING.
§ 27-3009. SEVERABILITY.
IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
EOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
§ 2. The environmental conservation law is amended by adding a new
section 71-2730 to read as follows:
§ 71-2730. ENFORCEMENT OF TITLE 30 OF ARTICLE 27 OF THIS CHAPTER.
1. ANY PERSON WHO SHALL VIOLATE SECTION 27-3003 OF THIS CHAPTER SHALL
BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN
TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION, NOT MORE THAN FIVE
HUNDRED DOLLARS FOR THE SECOND VIOLATION IN THE SAME CALENDAR YEAR, AND
NOT MORE THAN ONE THOUSAND DOLLARS FOR THE THIRD AND EACH SUBSEQUENT
VIOLATION IN THE SAME CALENDAR YEAR. A HEARING OR OPPORTUNITY TO BE
HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
2. (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER.
(B) THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER MAY ALSO BE
ENFORCED BY A COUNTY AND THE LOCAL LEGISLATIVE BODY THEREOF MAY ADOPT
LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT WITH THIS TITLE PROVID-
ING FOR THE ENFORCEMENT OF SUCH PROVISIONS. PROVIDED THAT A VIOLATION OF
THIS TITLE MAY NOT BE ENFORCED BY BOTH THE STATE AND A COUNTY, AND
PROVIDED FURTHER THAT ANY COUNTY THAT HAS FILED A WRITTEN DECLARATION
S. 7508--B 50 A. 9508--B
PURSUANT TO SUBDIVISION TWO OF SECTION 27-3007 OF THIS TITLE SHALL NOT
ENFORCE THE PROVISIONS OF THIS TITLE.
3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
STATE TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER SHALL
BE PAID INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-S OF THE FINANCE LAW.
4. ANY FINES THAT ARE COLLECTED BY A COUNTY DURING PROCEEDINGS BY THE
COUNTY TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS TITLE WITHIN
THE COUNTY SHALL BE RETAINED BY THE COUNTY.
§ 3. Subdivision 3 of section 92-s of the state finance law, as
amended by section 4 of part H of chapter 58 of the laws of 2019, is
amended to read as follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, all moneys collected
pursuant to title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the greater of the amount
received from April first, two thousand twelve through March thirty-
first, two thousand thirteen or one hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section 27-1015 of the environmental
conservation law, all moneys required to be deposited pursuant to
sections 27-2805 and 27-2807 of the environmental conservation law, ALL
MONEYS COLLECTED PURSUANT TO SECTION 71-2730 OF THE ENVIRONMENTAL
CONSERVATION LAW, and all other moneys credited or transferred thereto
from any other fund or source pursuant to law. All such revenue shall be
initially deposited into the environmental protection fund, for applica-
tion as provided in subdivision five of this section.
§ 4. This act shall take effect immediately; provided however that
subdivision 4 of section 71-2730 of the environmental conservation law
S. 7508--B 51 A. 9508--B
as added by section two of this act shall expire and be deemed repealed
January 1, 2025.
PART QQ
Section 1. The restore mother nature bond act is enacted to read as
follows:
ENVIRONMENTAL BOND ACT OF 2020
"RESTORE MOTHER NATURE"
Section 1. Short title.
2. Creation of state debt.
3. Bonds of the state.
4. Use of moneys received.
§ 1. Short title. This act shall be known and may be cited as the
"environmental bond act of 2020 restore mother nature".
§ 2. Creation of state debt. The creation of state debt in an amount
not exceeding in the aggregate three billion dollars ($3,000,000,000) is
hereby authorized to provide moneys for the single purpose of making
environmental improvements that preserve, enhance, and restore New
York's natural resources and reduce the impact of climate change by
funding capital projects for: restoration and flood risk reduction not
less than one billion dollars ($1,000,000,000); open space land conser-
vation and recreation up to five hundred fifty million dollars
($550,000,000); climate change mitigation up to seven hundred million
dollars ($700,000,000); and, water quality improvement and resilient
infrastructure not less than five hundred fifty million dollars
($550,000,000).
§ 3. Bonds of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to the aggregate
amount of three billion dollars ($3,000,000,000) for the purposes of
this act, subject to the provisions of article 5 of the state finance
law. The aggregate principal amount of such bonds shall not exceed three
billion dollars ($3,000,000,000) excluding bonds issued to refund or
otherwise repay bonds heretofore issued for such purpose; provided,
however, that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater than three billion
dollars ($3,000,000,000) only if the present value of the aggregate debt
service of the refunding or repayment bonds to be issued shall not
exceed the present value of the aggregate debt service of the bonds to
be refunded or repaid. The method for calculating present value shall be
determined by law.
§ 4. Use of moneys received. The moneys received by the state from the
sale of bonds sold pursuant to this act shall be expended pursuant to
appropriations for capital projects related to design, planning, site
acquisition, demolition, construction, reconstruction, and rehabili-
tation projects specified in section two of this act.
§ 2. This act shall take effect immediately, provided that the
provisions of section one of this act shall not take effect unless and
until this act shall have been submitted to the people at the general
election to be held in November 2020 and shall have been approved by a
majority of all votes cast for and against it at such election,
provided, however, that such act shall not be submitted to the people
unless the director of the division of the budget certifies to the
secretary of state that such debt can be issued within the state's
multi-year financial plan without adversely affecting the funding avail-
able for (a) capital projects currently authorized that are deemed
S. 7508--B 52 A. 9508--B
essential to the health and safety of the public, or (b) essential
governmental services, and further provided that if such act is not
submitted to the people at the general election to be held in November
2020, this act shall expire and be deemed repealed. Upon approval by
the people, section one of this act shall take effect immediately. The
ballots to be furnished for the use of voters upon submission of this
act shall be in the form prescribed by the election law and the proposi-
tion or question to be submitted shall be printed thereon in the follow-
ing form, namely "To address and combat the impact of climate change and
damage to the environment, the Environmental Bond Act of 2020 "Restore
Mother Nature" authorizes the sale of state bonds up to three billion
dollars to fund environmental protection, natural restoration, resilien-
cy, and clean energy projects. Shall the Environmental Bond Act of 2020
be approved?".
PART RR
Section 1. The environmental conservation law is amended by adding a
new article 58 to read as follows:
ARTICLE 58
IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
NATURE"
TITLE 1. GENERAL PROVISIONS.
3. RESTORATION AND FLOOD RISK REDUCTION.
5. OPEN SPACE LAND CONSERVATION AND RECREATION.
7. CLIMATE CHANGE MITIGATION.
9. WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE.
11. ENVIRONMENTAL JUSTICE AND REPORTING.
TITLE 1
GENERAL PROVISIONS
SECTION 58-0101. DEFINITIONS.
58-0103. ALLOCATION OF MONEYS.
58-0105. POWERS AND DUTIES.
58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
58-0109. CONSISTENCY WITH FEDERAL TAX LAWS.
58-0111. COMPLIANCE WITH OTHER LAW.
§ 58-0101. DEFINITIONS.
AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
1. "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER NATURE" IN ACCORDANCE
WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF
THE STATE FINANCE LAW.
2. "COST" MEANS THE EXPENSE OF AN APPROVED PROJECT, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING, ENGINEER-
ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
LEGAL SERVICES, SITE PREPARATION, DEMOLITION, CONSTRUCTION AND OTHER
DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION.
4. "ENDANGERED OR THREATENED SPECIES PROJECT" MEANS A PROJECT TO
RESTORE, RECOVER, OR REINTRODUCE AN ENDANGERED, THREATENED, OR SPECIES
OF SPECIAL CONCERN PURSUANT TO A RECOVERY PLAN OR RESTORATION PLAN
PREPARED AND ADOPTED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO THE
STATE'S WILDLIFE ACTION PLAN.
S. 7508--B 53 A. 9508--B
5. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS A MINORITY OR LOW-INCOME
COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVI-
RONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMER-
CIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL, AND TRIBAL
PROGRAMS AND POLICIES.
6. "FLOOD RISK REDUCTION PROJECT" MEANS PROJECTS THAT USE NATURE-BASED
SOLUTIONS WHERE POSSIBLE TO REDUCE EROSION OR FLOODING, AND PROJECTS
WHICH MITIGATE OR ADAPT TO FLOOD CONDITIONS.
7. "GREEN BUILDINGS PROJECT" MEANS (I) INSTALLING, UPGRADING, OR MODI-
FYING A RENEWABLE ENERGY SOURCE AT A STATE-OWNED BUILDING OR FOR THE
PURPOSE OF CONVERTING OR CONNECTING A STATE-OWNED BUILDING, OR PORTION
THEREOF, TO A RENEWABLE ENERGY SOURCE; (II) REDUCING ENERGY USE OR
IMPROVING ENERGY EFFICIENCY OR OCCUPANT HEALTH AT A STATE-OWNED BUILD-
ING; (III) INSTALLING A GREEN ROOF AT A STATE-OWNED BUILDING; AND (IV)
EMISSION REDUCTION PROJECTS.
8. "MUNICIPALITY" MEANS A LOCAL PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
DISTRICT, DISTRICT CORPORATION, IMPROVEMENT DISTRICT WITHIN A COUNTY,
CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
OR THE UNITED STATES WITH A RESERVATION WHOLLY OR PARTLY WITHIN THE
BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
9. "NATURE-BASED SOLUTION" MEANS PROJECTS THAT ARE SUPPORTED OR
INSPIRED BY NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO
OFFER ENVIRONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE INCREASING
RESILIENCE. NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL
INFRASTRUCTURE.
10. "OPEN SPACE LAND CONSERVATION PROJECT" MEANS PURCHASE OF FEE TITLE
OR CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING LANDS OR WATERS
AND/OR PROVIDING RECREATIONAL OPPORTUNITIES FOR THE PUBLIC THAT (I)
POSSESS ECOLOGICAL, HABITAT, RECREATIONAL OR SCENIC VALUES; (II) PROTECT
THE QUALITY OF A DRINKING WATER SUPPLY; (III) PROVIDE FLOOD CONTROL OR
FLOOD MITIGATION VALUES; (IV) CONSTITUTE A FLOODPLAIN; (V) PROVIDE OR
HAVE THE POTENTIAL TO PROVIDE IMPORTANT HABITAT CONNECTIVITY; (VI)
PROVIDE OPEN SPACE FOR THE USE AND ENJOYMENT OF THE PUBLIC; OR (VII)
PROVIDE COMMUNITY GARDENS IN URBAN AREAS.
11. "RECREATIONAL INFRASTRUCTURE PROJECT" MEANS THE DEVELOPMENT OR
IMPROVEMENT OF STATE AND MUNICIPAL PARKS, CAMPGROUNDS, NATURE CENTERS,
FISH HATCHERIES, AND INFRASTRUCTURE ASSOCIATED WITH OPEN SPACE LAND
CONSERVATION PROJECTS.
12. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
COST OF PROJECTS AUTHORIZED BY THIS ARTICLE TO PRESERVE, ENHANCE,
RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
13. "STATE ENTITY" MEANS ANY STATE DEPARTMENT, DIVISION, AGENCY,
OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
14. "WATER QUALITY IMPROVEMENT PROJECT" FOR THE PURPOSES OF THIS
TITLE, MEANS PROJECTS DESIGNED TO IMPROVE THE QUALITY OF DRINKING AND
SURFACE WATERS.
15. "WETLAND AND STREAM RESTORATION PROJECT" MEANS ACTIVITIES DESIGNED
TO RESTORE FRESHWATER AND TIDAL WETLANDS, AND STREAMS OF THE STATE, FOR
THE PURPOSE OF ENHANCING HABITAT, INCREASING CONNECTIVITY, IMPROVING
WATER QUALITY, AND FLOOD RISK REDUCTION.
§ 58-0103. ALLOCATION OF MONEYS.
THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
THE ENVIRONMENTAL BOND ACT OF 2020 SHALL BE DISBURSED IN THE FOLLOWING
AMOUNTS PURSUANT TO APPROPRIATIONS AS SPECIFICALLY PROVIDED FOR IN
TITLES THREE, FIVE, SEVEN, AND NINE OF THIS ARTICLE:
S. 7508--B 54 A. 9508--B
1. NOT LESS THAN ONE BILLION DOLLARS ($1,000,000,000) FOR RESTORATION
AND FLOOD RISK REDUCTION AS SET FORTH IN TITLE THREE OF THIS ARTICLE.
2. UP TO FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR OPEN
SPACE LAND CONSERVATION AND RECREATION AS SET FORTH IN TITLE FIVE OF
THIS ARTICLE.
3. UP TO SEVEN HUNDRED MILLION DOLLARS ($700,000,000) FOR CLIMATE
CHANGE MITIGATION AS SET FORTH IN TITLE SEVEN OF THIS ARTICLE.
4. NOT LESS THAN FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR
WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE AS SET FORTH IN
TITLE NINE OF THIS ARTICLE.
§ 58-0105. POWERS AND DUTIES.
IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
BY AUTHORIZED TO:
1. ADMINISTER FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL BOND ACT
OF 2020 "RESTORE MOTHER NATURE".
2. IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS ARTICLE,
CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS AVAILABLE
THEREFOR, STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A PROJECT
APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
4. ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-
PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
PROCEDURES NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE,
INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR THE FORM, CONTENT, AND
SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
ANCE.
6. DELEGATE TO, OR COOPERATE WITH, ANY OTHER STATE ENTITY IN THE
ADMINISTRATION OF THIS ARTICLE.
7. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
§ 58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
A MUNICIPALITY SHALL HAVE THE POWER AND AUTHORITY TO:
1. UNDERTAKE AND CARRY OUT ANY PROJECT FOR WHICH STATE ASSISTANCE
PAYMENTS PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED PURSU-
ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT.
2. EXPEND MONEY RECEIVED FROM THE STATE PURSUANT TO THIS ARTICLE FOR
COSTS INCURRED IN CONJUNCTION WITH THE APPROVED PROJECT.
3. APPLY FOR AND RECEIVE MONEYS FROM THE STATE FOR THE PURPOSE OF
ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT TO THIS
ARTICLE.
4. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED
THERETO.
§ 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
ALL ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED FOR
CONSISTENCY WITH PROVISIONS OF THE FEDERAL INTERNAL REVENUE CODE AND
REGULATIONS THEREUNDER, IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN
CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS
ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
§ 58-0111. COMPLIANCE WITH OTHER LAW.
EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
TITLE 3
RESTORATION AND FLOOD RISK REDUCTION
S. 7508--B 55 A. 9508--B
SECTION 58-0301. ALLOCATION OF MONEYS.
58-0303.PROGRAMS, PLANS AND PROJECTS.
§ 58-0301. ALLOCATION OF MONEYS.
OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
THE ENVIRONMENTAL BOND ACT OF 2020, NOT LESS THAN ONE BILLION DOLLARS
($1,000,000,000) SHALL BE AVAILABLE FOR DISBURSEMENTS FOR RESTORATION
AND FLOOD RISK REDUCTION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0303
OF THIS TITLE. NOT MORE THAN TWO HUNDRED FIFTY MILLION DOLLARS
($250,000,000) OF THIS AMOUNT SHALL BE AVAILABLE FOR PROJECTS PURSUANT
TO SUBDIVISION TWO OF SECTION 58-0303 OF THIS TITLE AND NOT LESS THAN
ONE HUNDRED MILLION DOLLARS ($100,000,000) EACH SHALL BE AVAILABLE FOR
COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS AND PROJECTS
WHICH ADDRESS INLAND FLOODING, PURSUANT TO PARAGRAPH A OF SUBDIVISION
ONE OF SECTION 58-0303 OF THIS TITLE.
§ 58-0303. PROGRAMS, PLANS AND PROJECTS.
1. ELIGIBLE RESTORATION AND FLOOD RISK REDUCTION PROJECTS INCLUDE, BUT
ARE NOT LIMITED TO COSTS ASSOCIATED WITH:
A. (1) PROJECTS IDENTIFIED IN STATE AND REGIONAL MANAGEMENT AND RESTO-
RATION PROGRAMS AND PLANS INCLUDING BUT NOT LIMITED TO THE GREAT LAKES
ACTION AGENDA, MOHAWK RIVER BASIN ACTION AGENDA, OCEAN ACTION PLAN,
HUDSON RIVER ESTUARY ACTION AGENDA, LONG ISLAND SOUND COMPREHENSIVE
CONSERVATION AND MANAGEMENT PLAN, SOUTH SHORE ESTUARY RESERVE COMPREHEN-
SIVE MANAGEMENT PLAN, PECONIC ESTUARY COMPREHENSIVE CONSERVATION AND
MANAGEMENT PLAN, DELAWARE ACTION PLAN, SUSQUEHANNA ACTION PLAN, FOREST
MANAGEMENT FRAMEWORK FOR NEW YORK CITY AND NEW YORK/NEW JERSEY HARBOR
ESTUARY PLAN;
(2) LOCAL WATERFRONT REVITALIZATION PLANS PREPARED PURSUANT TO ARTICLE
FORTY-TWO OF THE EXECUTIVE LAW; AND
(3) COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS, INCLUD-
ING NATURE-BASED SOLUTIONS;
B. FLOOD RISK REDUCTION PROJECTS INCLUDING BUT NOT LIMITED TO: ACQUI-
SITION OF REAL PROPERTY; MOVING, LIFTING OR RAISING OF EXISTING FLOOD-
PRONE INFRASTRUCTURE OR STRUCTURES; RELOCATION, REPAIR, OR RAISING OF
FLOOD-PRONE OR REPEATEDLY FLOODED ROADWAYS; AND PROJECTS TO REMOVE,
ALTER, OR RIGHT-SIZE DAMS, BRIDGES, AND CULVERTS, BUT SHALL NOT INCLUDE
ROUTINE CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE AND MUNICI-
PALITIES WHICH DOES NOT PROVIDE FLOOD RISK REDUCTION BENEFITS; AND
C. RESTORATION PROJECTS INCLUDING BUT NOT LIMITED TO: FLOODPLAIN,
WETLAND AND STREAM RESTORATION PROJECTS; FOREST CONSERVATION; ENDANGERED
AND THREATENED SPECIES PROJECTS; AND HABITAT RESTORATION PROJECTS,
INCLUDING ACQUISITION OF FEE TITLE AND EASEMENTS, INTENDED TO IMPROVE
THE LANDS AND WATERS OF THE STATE OF ECOLOGICAL SIGNIFICANCE OR ANY PART
THEREOF, INCLUDING, BUT NOT LIMITED TO FORESTS, PONDS, BOGS, WETLANDS,
BAYS, SOUNDS, STREAMS, RIVERS, OR LAKES AND SHORELINES THEREOF, TO
SUPPORT A SPAWNING, NURSERY, WINTERING, MIGRATORY, NESTING, BREEDING,
FEEDING, OR FORAGING ENVIRONMENT FOR FISH AND WILDLIFE AND OTHER BIOTA.
2. THE COMMISSIONER AND THE COMMISSIONER OF THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL ARE AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION ONE OF THIS SECTION TO PURCHASE PRIVATE REAL PROPERTY IDENTIFIED AS
AT-RISK TO FLOODING, FROM WILLING SELLERS. THE COMMISSIONER OF THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL SHALL BE AUTHORIZED TO TRANSFER TO
ANY STATE AGENCY OR PUBLIC AUTHORITY ANY REAL PROPERTY IN ORDER TO CARRY
OUT THE PURPOSES OF THIS ARTICLE. IN CONNECTION THEREWITH, THE HOUSING
TRUST FUND CORPORATION SHALL BE AUTHORIZED TO CREATE A SUBSIDIARY CORPO-
RATION TO CARRY OUT THE PROGRAM AUTHORIZED UNDER THIS SUBDIVISION. SUCH
SUBSIDIARY CORPORATION SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES, TAX
S. 7508--B 56 A. 9508--B
EXEMPTION AND OTHER EXEMPTIONS OF THE AGENCY TO THE EXTENT THE SAME ARE
NOT INCONSISTENT WITH THIS SECTION.
A. THE COMMISSIONER AND THE COMMISSIONER OF THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL OR ANY OTHER DEPARTMENT OR STATE AGENCY THAT HAS
RECEIVED FUNDS SUBALLOCATED PURSUANT TO THIS SECTION MAY ENTER INTO
AGREEMENTS WITH MUNICIPALITIES, AND NOT-FOR-PROFIT CORPORATIONS FOR THE
PURPOSE OF IMPLEMENTING A PROGRAM PURSUANT TO THIS SECTION.
B. THE DEPARTMENT AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
SHALL PRIORITIZE PROJECTS IN COMMUNITIES BASED ON PAST FLOOD RISK OR
THOSE THAT PARTICIPATE IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S
(FEMA) COMMUNITY RATING SYSTEM.
C. ANY STATE AGENCY OR AUTHORITY, MUNICIPALITY, OR NOT-FOR-PROFIT
CORPORATION PURCHASING PRIVATE REAL PROPERTY MAY EXPEND COSTS ASSOCIATED
WITH:
(1) THE ACQUISITION OF REAL PROPERTY, BASED UPON THE PRE-FLOOD FAIR
MARKET VALUE OF THE SUBJECT PROPERTY;
(2) THE DEMOLITION AND REMOVAL OF STRUCTURES AND/OR INFRASTRUCTURE ON
THE PROPERTY; AND
(3) THE RESTORATION OF NATURAL RESOURCES TO FACILITATE BENEFICIAL OPEN
SPACE, FLOOD MITIGATION, AND/OR SHORELINE STABILIZATION.
D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STRUCTURE
WHICH IS LOCATED ON REAL PROPERTY PURCHASED PURSUANT TO THIS PROGRAM
SHALL BE DEMOLISHED OR REMOVED, PROVIDED THAT IT DOES NOT SERVE A USE OR
PURPOSE CONSISTENT WITH PARAGRAPH F OF THIS SUBDIVISION.
E. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL BE PROPERTY OF THE
STATE, MUNICIPALITY, OR A NOT-FOR-PROFIT CORPORATION.
F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL BE RESTORED AND
MAINTAINED IN PERPETUITY IN A MANNER THAT, AIMS TO INCREASE ECOSYSTEM
FUNCTION, PROVIDE ADDITIONAL FLOOD DAMAGE MITIGATION FOR SURROUNDING
PROPERTIES, PROTECT WILDLIFE HABITAT, AND WHEREVER PRACTICABLE AND SAFE,
ALLOW FOR PASSIVE AND/OR RECREATIONAL COMMUNITY USE. MUNICIPAL FLOOD
MITIGATION PLANS, RESILIENCE, WATERFRONT REVITALIZATION PLANS OR HAZARD
MITIGATION PLANS, WHEN APPLICABLE, SHALL BE CONSULTED TO IDENTIFY THE
APPROPRIATE RESTORATION AND END-USE OF THE PROPERTY.
G. ALL OR A PORTION OF THE APPROPRIATION IN THIS SECTION MAY BE
PROVIDED TO THE DEPARTMENT OR THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL OR SUBALLOCATED TO ANY OTHER DEPARTMENT, STATE AGENCY OR STATE
AUTHORITY.
H. PRIVATE REAL PROPERTY IDENTIFIED AS AT-RISK TO FLOODING SHOULD
GENERALLY BE LIMITED TO THOSE: (1) IDENTIFIED AS BEING WITHIN THE ONE
HUNDRED-YEAR FLOODPLAIN ON THE MOST RECENT FEMA FLOOD INSURANCE MAPS;
(2) FLOODED STRUCTURES THAT WOULD QUALIFY FOR BUYOUT UNDER CRITERIA
GENERALLY APPLICABLE TO FEMA POST-EMERGENCY ACQUISITIONS; (3) STRUCTURES
IDENTIFIED IN A STATE, FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY AS
SUITABLE FOR THE LOCATION OF A FLOOD RISK MANAGEMENT OR ABATEMENT
PROJECT IN AREAS IMMEDIATELY PROXIMATE TO INLAND OR COASTAL WATERWAYS;
OR (4) STRUCTURES LOCATED IN COASTAL OR RIPARIAN AREAS THAT HAVE BEEN
DETERMINED BY A STATE, FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY TO
SIGNIFICANTLY EXACERBATE FLOODING IN OTHER LOCATIONS.
3. THE DEPARTMENT, THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRES-
ERVATION AND THE DEPARTMENT OF STATE ARE AUTHORIZED TO PROVIDE STATE
ASSISTANCE PAYMENTS OR GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT
CORPORATIONS AND UNDERTAKE PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVI-
SION ONE OF THIS SECTION.
S. 7508--B 57 A. 9508--B
4. THE DEPARTMENT AND THE OFFICE OF PARKS, RECREATION, AND HISTORIC
PRESERVATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR
GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE
PROJECTS PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION.
CULVERT AND BRIDGE PROJECTS SHALL BE IN COMPLIANCE WITH THE DEPARTMENT'S
STREAM CROSSING GUIDELINES AND BEST MANAGEMENT PRACTICES, AND ENGINEERED
FOR STRUCTURAL INTEGRITY AND APPROPRIATE HYDRAULIC CAPACITY INCLUDING,
WHERE AVAILABLE, PROJECTS FLOWS BASED ON FLOOD MODELING THAT INCORPO-
RATES CLIMATE CHANGE PROJECTIONS AND SHALL NOT INCLUDE ROUTINE
CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE OR MUNICIPALITIES.
5. THE DEPARTMENT AND THE OFFICE OF PARKS, RECREATION, AND HISTORIC
PRESERVATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR
GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE
PROJECTS PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION.
6. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
UNDER PARAGRAPHS B AND C OF SUBDIVISION ONE OF THIS SECTION, THE RELE-
VANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION
ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
ING FOR A THIRTY-DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION POST SUCH
ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
TITLE 5
OPEN SPACE LAND CONSERVATION AND RECREATION
SECTION 58-0501. ALLOCATION OF MONEYS.
58-0503. PROGRAMS, PLANS AND PROJECTS.
§ 58-0501. ALLOCATION OF MONEYS.
OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
THE ENVIRONMENTAL BOND ACT OF 2020 TO BE USED FOR OPEN SPACE LAND
CONSERVATION AND RECREATION PROJECTS, UP TO FIVE HUNDRED FIFTY MILLION
DOLLARS ($550,000,000) SHALL BE AVAILABLE FOR PROGRAMS, PLANS, AND
PROJECTS DEVELOPED PURSUANT TO SECTION 58-0503 OF THIS TITLE, HOWEVER,
NOT MORE THAN SEVENTY-FIVE MILLION DOLLARS ($75,000,000) SHALL BE MADE
AVAILABLE FOR THE CREATION OF A FISH HATCHERY, OR THE IMPROVEMENT,
EXPANSION, REPAIR OR MAINTENANCE OF EXISTING FISH HATCHERIES, NOT LESS
THAN TWO HUNDRED MILLION DOLLARS ($200,000,000) SHALL BE MADE AVAILABLE
FOR OPEN SPACE LAND CONSERVATION PROJECTS PURSUANT TO PARAGRAPH A OF
SUBDIVISION ONE OF SECTION 58-0503 OF THIS TITLE AND NOT LESS THAN ONE
HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE MADE AVAILABLE FOR FARM-
LAND PROTECTION PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION
58-0503 OF THIS TITLE.
§ 58-0503. PROGRAMS, PLANS AND PROJECTS.
1. ELIGIBLE OPEN SPACE WORKING LANDS CONSERVATION AND RECREATION
PROJECTS INCLUDE, BUT ARE NOT LIMITED TO:
A. COSTS ASSOCIATED WITH OPEN SPACE LAND CONSERVATION PROJECTS;
B. COSTS ASSOCIATED WITH PURCHASING CONSERVATION EASEMENTS TO PROTECT
FARMLAND PURSUANT TO ARTICLE TWENTY-FIVE-AAA OF THE AGRICULTURE AND
MARKETS LAW; AND
C. COSTS ASSOCIATED WITH RECREATIONAL INFRASTRUCTURE PROJECTS.
2. THE DEPARTMENT OR THE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION ARE AUTHORIZED TO UNDERTAKE OPEN SPACE LAND CONSERVATION
PROJECTS, IN COOPERATION WITH WILLING SELLERS PURSUANT TO SUBDIVISION
ONE OF THIS SECTION AND MAY ENTER INTO AN AGREEMENT FOR PURCHASE OF REAL
PROPERTY OR CONSERVATION EASEMENTS ON REAL PROPERTY BY A MUNICIPALITY OR
A NOT-FOR-PROFIT CORPORATION. ANY SUCH AGREEMENT SHALL CONTAIN SUCH
PROVISIONS AS SHALL BE NECESSARY TO ENSURE THAT THE PURCHASE IS CONSIST-
ENT WITH, AND IN FURTHERANCE OF, THIS TITLE AND SHALL BE SUBJECT TO THE
APPROVAL OF THE COMPTROLLER AND, AS TO FORM, THE ATTORNEY GENERAL. IN
S. 7508--B 58 A. 9508--B
UNDERTAKING SUCH PROJECTS, SUCH COMMISSIONERS SHALL CONSIDER THE STATE
LAND ACQUISITION PLAN PREPARED PURSUANT TO SECTION 49-0207 OF THIS CHAP-
TER. FURTHER, THE DEPARTMENT OR THE OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE
PAYMENTS TO MUNICIPALITIES FOR ELIGIBLE PROJECTS CONSISTENT WITH PARA-
GRAPHS A AND C OF SUBDIVISION ONE OF THIS SECTION.
3. THE COST OF AN OPEN SPACE LAND CONSERVATION PROJECT SHALL INCLUDE
THE COST OF PREPARING A MANAGEMENT PLAN FOR THE PRESERVATION AND BENEFI-
CIAL PUBLIC ENJOYMENT OF THE LAND ACQUIRED PURSUANT TO THIS SECTION
EXCEPT WHERE SUCH A MANAGEMENT PLAN ALREADY EXISTS FOR THE ACQUIRED
LAND.
4. THE DEPARTMENT AND THE DEPARTMENT OF AGRICULTURE AND MARKETS ARE
AUTHORIZED TO PROVIDE, PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF
THIS SECTION, FARMLAND PRESERVATION IMPLEMENTATION GRANTS TO COUNTY
AGRICULTURAL AND FARMLAND PROTECTION BOARDS PURSUANT TO ARTICLE TWENTY-
FIVE-AAA OF THE AGRICULTURE AND MARKETS LAW, OR TO MUNICIPALITIES, SOIL
AND WATER CONSERVATION DISTRICTS OR NOT-FOR-PROFIT CORPORATIONS FOR
IMPLEMENTATION OF PROJECTS.
5. THE DEPARTMENT IS AUTHORIZED TO EXPEND MONEYS TO PURCHASE EQUIP-
MENT, DEVICES, AND OTHER NECESSARY MATERIALS AND TO ACQUIRE FEE TITLE OR
CONSERVATION EASEMENTS IN LANDS FOR MONITORING, RESTORATION, RECOVERY,
OR REINTRODUCTION PROJECTS FOR SPECIES LISTED AS ENDANGERED OR THREAT-
ENED OR LISTED AS A SPECIES OF SPECIAL CONCERN PURSUANT TO SECTION
11-0535 OF THIS CHAPTER.
6. THE DEPARTMENT OR THE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION ARE AUTHORIZED TO EXPEND MONEYS FOR THE PLANNING, DESIGN,
AND CONSTRUCTION OF PROJECTS TO DEVELOP AND IMPROVE PARKS, CAMPGROUNDS,
NATURE CENTERS, FISH HATCHERIES, AND OTHER RECREATIONAL FACILITIES.
7. THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A
CONTRACT FOR THE UNDERTAKING BY THE NOT-FOR-PROFIT CORPORATION OF AN
OPEN SPACE LAND ACQUISITION PROJECT.
8. REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILI-
TATED BY OR THROUGH A MUNICIPALITY PURSUANT TO PARAGRAPH A OF SUBDIVI-
SION ONE OF THIS SECTION OR UNDERTAKEN BY OR ON BEHALF OF A MUNICIPALITY
WITH FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT BE SOLD,
LEASED, EXCHANGED, DONATED OR OTHERWISE DISPOSED OF OR USED FOR OTHER
THAN PUBLIC PARK PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE
LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS OF
EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE AND REASONABLY EQUIV-
ALENT USEFULNESS AND LOCATION TO THOSE TO BE DISCONTINUED, SOLD OR
DISPOSED OF, AND SUCH OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE
COMMISSIONER.
9. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
UNDER PARAGRAPHS A AND B OF SUBDIVISION ONE OF THIS SECTION, THE RELE-
VANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION
ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
ING FOR A THIRTY DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION POST SUCH
ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
TITLE 7
CLIMATE CHANGE MITIGATION
SECTION 58-0701. ALLOCATION OF MONEYS.
58-0703. PROGRAMS, PLANS AND PROJECTS.
§ 58-0701. ALLOCATION OF MONEYS.
OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
THE ENVIRONMENTAL BOND ACT OF 2020, UP TO SEVEN HUNDRED MILLION DOLLARS
($700,000,000) SHALL BE MADE AVAILABLE FOR DISBURSEMENTS FOR CLIMATE
S. 7508--B 59 A. 9508--B
CHANGE MITIGATION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0703 OF THIS
TITLE. NOT LESS THAN THREE HUNDRED FIFTY MILLION DOLLARS ($350,000,000)
OF THIS AMOUNT SHALL BE AVAILABLE FOR GREEN BUILDINGS PROJECTS.
§ 58-0703. PROGRAMS, PLANS AND PROJECTS.
1. ELIGIBLE CLIMATE CHANGE MITIGATION PROJECTS INCLUDE, BUT ARE NOT
LIMITED TO:
A. COSTS ASSOCIATED WITH GREEN BUILDING PROJECTS, PROJECTS THAT
INCREASE ENERGY EFFICIENCY OR THE USE OR SITING OF RENEWABLE ENERGY ON
STATE-OWNED BUILDINGS OR PROPERTIES INCLUDING BUILDINGS OWNED BY THE
STATE UNIVERSITY OF THE STATE OF NEW YORK, CITY UNIVERSITY OF THE STATE
OF NEW YORK, AND COMMUNITY COLLEGES;
B. COSTS ASSOCIATED WITH PROJECTS THAT UTILIZE NATURAL AND WORKING
LANDS TO SEQUESTER CARBON AND MITIGATE METHANE EMISSIONS FROM AGRICUL-
TURAL SOURCES, SUCH AS MANURE STORAGE THROUGH COVER AND METHANE
REDUCTION TECHNOLOGIES;
C. COSTS ASSOCIATED WITH IMPLEMENTING CLIMATE ADAPTATION AND MITI-
GATION PROJECTS PURSUANT TO SECTION 54-1523 OF THIS CHAPTER;
D. COSTS ASSOCIATED WITH URBAN FORESTRY PROJECTS SUCH AS FOREST AND
HABITAT RESTORATION, FOR PURCHASE AND PLANTING OF STREET TREES AND FOR
PROJECTS TO EXPAND THE EXISTING TREE CANOPY AND BOLSTER COMMUNITY
HEALTH;
E. COSTS ASSOCIATED WITH PROJECTS THAT REDUCE URBAN HEAT ISLAND
EFFECT, SUCH AS INSTALLATION OF GREEN ROOFS, OPEN SPACE PROTECTION,
COMMUNITY GARDENS, COOL PAVEMENT PROJECTS, PROJECTS THAT CREATE OR
UPGRADE COMMUNITY COOLING CENTERS, AND THE INSTALLATION OF REFLECTIVE
ROOFS WHERE INSTALLATION OF GREEN ROOFS IS NOT POSSIBLE;
F. COSTS ASSOCIATED WITH PROJECTS TO REDUCE OR ELIMINATE AIR POLLUTION
FROM STATIONARY OR MOBILE SOURCES OF AIR POLLUTION AFFECTING AN ENVIRON-
MENTAL JUSTICE COMMUNITY; AND
G. COSTS ASSOCIATED WITH PROJECTS WHICH WOULD REDUCE OR ELIMINATE
WATER POLLUTION, WHETHER FROM POINT OR NON-POINT DISCHARGES, AFFECTING
AN ENVIRONMENTAL JUSTICE COMMUNITY.
2. THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE OFFICE OF GENER-
AL SERVICES ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR
GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS OR UNDERTAKE
PROJECTS PURSUANT TO THIS SECTION.
3. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
UNDER THIS SECTION, THE RELEVANT AGENCIES SHALL DEVELOP ELIGIBILITY
GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVI-
RONMENTAL NOTICE BULLETIN PROVIDING FOR A THIRTY-DAY PUBLIC COMMENT
PERIOD AND UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELE-
VANT AGENCY'S WEBSITE.
TITLE 9
WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE
SECTION 58-0901. ALLOCATION OF MONEYS.
58-0903. PROGRAMS, PLANS AND PROJECTS.
§ 58-0901. ALLOCATION OF MONEYS.
OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
THE ENVIRONMENTAL BOND ACT OF 2020 FOR DISBURSEMENTS FOR STATE ASSIST-
ANCE FOR WATER QUALITY IMPROVEMENT PROJECTS AS DEFINED BY TITLE ONE OF
THIS ARTICLE, NOT LESS THAN FIVE HUNDRED FIFTY MILLION DOLLARS
($550,000,000) SHALL BE AVAILABLE FOR WATER QUALITY IMPROVEMENT PROJECTS
DEVELOPED PURSUANT TO SECTION 58-0903 OF THIS TITLE. NOT LESS THAN TWO
HUNDRED MILLION DOLLARS ($200,000,000) OF THIS AMOUNT SHALL BE AVAILABLE
S. 7508--B 60 A. 9508--B
FOR WASTEWATER INFRASTRUCTURE PROJECTS UNDERTAKEN PURSUANT TO THE NEW
YORK STATE WATER INFRASTRUCTURE IMPROVEMENT ACT OF 2017 PURSUANT TO
PARAGRAPH E OF SUBDIVISION ONE OF SECTION 58-0903 OF THIS TITLE, AND NOT
LESS THAN ONE HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE AVAILABLE
FOR MUNICIPAL STORMWATER PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVISION
ONE OF SECTION 58-0903 OF THIS TITLE.
§ 58-0903. PROGRAMS, PLANS AND PROJECTS.
1. ELIGIBLE WATER QUALITY IMPROVEMENT PROJECT COSTS INCLUDE, BUT ARE
NOT LIMITED TO:
A. COSTS ASSOCIATED WITH GRANTS TO MUNICIPALITIES FOR PROJECTS THAT
REDUCE OR CONTROL STORM WATER RUNOFF, USING GREEN INFRASTRUCTURE WHERE
PRACTICABLE;
B. COSTS ASSOCIATED WITH PROJECTS THAT REDUCE AGRICULTURAL NUTRIENT
RUNOFF AND PROMOTE SOIL HEALTH SUCH AS PROJECTS WHICH IMPLEMENT COMPRE-
HENSIVE NUTRIENT MANAGEMENT PLANS, OTHER AGRICULTURAL NUTRIENT MANAGE-
MENT PROJECTS, AND NON-POINT SOURCE ABATEMENT AND CONTROL PROGRAMS
INCLUDING PROJECTS DEVELOPED PURSUANT TO SECTIONS ELEVEN-A AND ELEVEN-B
OF THE SOIL AND WATER CONSERVATION DISTRICTS;
C. COSTS ASSOCIATED WITH PROJECTS THAT ADDRESS HARMFUL ALGAL BLOOMS
SUCH AS ABATEMENT PROJECTS AND PROJECTS FOCUSED ON ADDRESSING NUTRIENT
REDUCTION IN FRESHWATER AND MARINE WATERS, WASTEWATER INFRASTRUCTURE
SYSTEMS THAT TREAT NITROGEN AND PHOSPHORUS, AND LAKE TREATMENT SYSTEMS;
D. COSTS ASSOCIATED WITH WASTEWATER INFRASTRUCTURE PROJECTS INCLUDING
BUT NOT LIMITED TO EXTENDING OR ESTABLISHING SEWER LINES TO REPLACE
FAILING SEPTIC SYSTEMS OR CESSPOOLS AND PROJECTS AS PROVIDED BY SECTION
TWELVE HUNDRED EIGHTY-FIVE-U OF THE PUBLIC AUTHORITIES LAW;
E. COSTS ASSOCIATED WITH PROJECTS TO REDUCE, AVOID OR ELIMINATE POINT
AND NON-POINT SOURCE DISCHARGES TO WATER INCLUDING PROJECTS AUTHORIZED
BY THE NEW YORK STATE WATER IMPROVEMENT INFRASTRUCTURE ACT OF 2017 AND
SECTION TWELVE HUNDRED EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW;
F. COSTS ASSOCIATED WITH THE ESTABLISHMENT OF RIPARIAN BUFFERS TO
PROVIDE DISTANCE BETWEEN FARM FIELDS AND STREAMS OR ABATE EROSION DURING
HIGH FLOW EVENTS; AND
G. COSTS ASSOCIATED WITH LEAD SERVICE LINE REPLACEMENT PURSUANT TO
SECTION ELEVEN HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW.
2. THE DEPARTMENT AND THE NEW YORK STATE ENVIRONMENTAL FACILITIES
CORPORATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR
GRANTS TO MUNICIPALITIES FOR PROJECTS AUTHORIZED PURSUANT TO PARAGRAPHS
A, B, AND D OF SUBDIVISION ONE OF THIS SECTION.
3. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL BE AUTHORIZED TO
MAKE STATE ASSISTANCE PAYMENTS TO SOIL AND WATER CONSERVATION DISTRICTS
FOR THE COST OF IMPLEMENTING AGRICULTURAL ENVIRONMENTAL MANAGEMENT
PLANS, INCLUDING PURCHASE OF EQUIPMENT FOR MEASURING AND MONITORING SOIL
HEALTH AND SOIL CONDITIONS.
4. THE DEPARTMENT IS AUTHORIZED TO MAKE GRANTS AVAILABLE TO NOT-FOR-
PROFITS AND ACADEMIC INSTITUTIONS FOR PARAGRAPHS B, C, AND F OF SUBDIVI-
SION ONE OF THIS SECTION, AND MAKE STATE ASSISTANCE PAYMENTS TO MUNICI-
PALITIES AND UNDERTAKE PROJECTS PURSUANT TO THIS SECTION.
5. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING OF
THIS SECTION, THE RELEVANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES
AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL
NOTICE BULLETIN PROVIDING FOR A THIRTY-DAY PUBLIC COMMENT PERIOD AND
UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S
WEBSITE.
TITLE 11
ENVIRONMENTAL JUSTICE AND REPORTING
S. 7508--B 61 A. 9508--B
SECTION 58-1101. BENEFITS OF FUNDS.
58-1103. REPORTING.
§ 58-1101. BENEFITS OF FUNDS.
THE DEPARTMENT SHALL MAKE EVERY EFFORT PRACTICABLE TO ENSURE THAT
THIRTY-FIVE PERCENT OF THE FUNDS PURSUANT TO THIS ARTICLE BENEFIT ENVI-
RONMENTAL JUSTICE COMMUNITIES.
§ 58-1103. REPORTING.
1. NO LATER THAN SIXTY DAYS FOLLOWING THE END OF EACH FISCAL YEAR,
EACH DEPARTMENT, AGENCY, PUBLIC BENEFIT CORPORATION, AND PUBLIC AUTHORI-
TY RECEIVING AN ALLOCATION OR ALLOCATIONS OF APPROPRIATION FINANCED FROM
THE RESTORE MOTHER NATURE ENVIRONMENTAL BOND ACT OF 2020 SHALL SUBMIT TO
THE COMMISSIONER IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT, THE
FOLLOWING INFORMATION AS OF MARCH THIRTY-FIRST OF SUCH FISCAL YEAR,
WITHIN EACH CATEGORY LISTED IN THIS TITLE: THE TOTAL APPROPRIATION;
TOTAL COMMITMENTS; YEAR-TO-DATE DISBURSEMENTS; REMAINING UNCOMMITTED
BALANCES; AND A DESCRIPTION OF EACH PROJECT.
2. NO LATER THAN ONE HUNDRED TWENTY DAYS FOLLOWING THE END OF EACH
FISCAL YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY A REPORT THAT
INCLUDES THE INFORMATION RECEIVED. A COPY OF THE REPORT SHALL BE POSTED
ON THE DEPARTMENT'S WEBSITE.
§ 2. The state finance law is amended by adding a new section 97-tttt
to read as follows:
§ 97-TTTT. RESTORE MOTHER NATURE BOND FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "RESTORE
MOTHER NATURE BOND FUND".
2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE RESTORE MOTHER NATURE
BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR
NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE ENVIRONMENTAL
BOND ACT OF 2020 "RESTORE MOTHER NATURE".
3. MONEYS IN THE RESTORE MOTHER NATURE BOND FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET,
SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE FROM
APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE
RESTORE MOTHER NATURE BOND FUND, AS SET FORTH IN THE ENVIRONMENTAL BOND
ACT OF 2020 "RESTORE MOTHER NATURE".
4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
NATURE" SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN
ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE
APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
AND THE STATE COMPTROLLER.
§ 3. Section 61 of the state finance law is amended by adding a new
subdivision 32 to read as follows:
32. THIRTY YEARS. FOR THE PAYMENT OF "RESTORE MOTHER NATURE" PROJECTS,
AS DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW
AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY,
ENACTING AND CONSTITUTING THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE
MOTHER NATURE". THIRTY YEARS FOR FLOOD CONTROL INFRASTRUCTURE, OTHER
ENVIRONMENTAL INFRASTRUCTURE, WETLAND AND OTHER HABITAT RESTORATION,
WATER QUALITY PROJECTS, ACQUISITION OF LAND, INCLUDING ACQUISITION OF
REAL PROPERTY, AND RENEWABLE ENERGY PROJECTS. NOTWITHSTANDING THE FORE-
GOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE
COMPTROLLER SHALL APPLY A WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE OF
S. 7508--B 62 A. 9508--B
RESTORE MOTHER NATURE PROJECTS, INCLUDING ANY OTHER WORKS OR PURPOSES TO
BE FINANCED WITH STATE DEBT. WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE
SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM
MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR
EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE
LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVID-
ING THE RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER
TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT.
§ 4. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 5. This act shall take effect only in the event that section 1 of
part QQ of the chapter of the laws of 2020 enacting the environmental
bond act of 2020 "restore mother nature" is submitted to the people at
the general election to be held in November 2020 and is approved by a
majority of all votes cast for and against it at such election. Upon
such approval, this act shall take effect immediately; provided that the
commissioner of environmental conservation shall notify the legislative
bill drafting commission upon the occurrence of the enactment of section
1 of part QQ of the chapter of the laws of 2020 enacting the environ-
mental bond act of 2020 "restore mother nature", in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment, and/or repeal of any rule or regulation necessary
for the implementation of the foregoing sections of this act are author-
ized and directed to be made and completed on or before such effective
date.
PART SS
Intentionally Omitted
PART TT
Intentionally Omitted
PART UU
Section 1. This act enacts into law components of legislation which
are necessary to implement legislation relating to the Bay Park Convey-
ance Project. Each component is wholly contained within a Subpart iden-
tified as Subparts A through C. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes a
reference to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section three of
this act sets forth the general effective date of this act.
SUBPART A
S. 7508--B 63 A. 9508--B
Section 1. Subject to the provisions of this act, the county of
Nassau, acting by and through the county legislature of such county, is
hereby authorized to (a) discontinue permanently the use as parkland the
subsurface lands described in sections four, five, seven, eight, ten and
eleven of this act and establish permanent easements on such lands for
the purpose of constructing, operating, maintaining and repairing a
subsurface sewer main, and (b) discontinue temporarily the use as park-
land the lands described in sections three, six and nine of this act and
establish temporary easements on such lands for the purpose of
constructing a subsurface sewer main. Authorization for the temporary
easements described in sections three, six, and nine of this act shall
cease upon the completion of the construction of such sewer main, at
which time the department of environmental conservation shall restore
the surface of the parklands disturbed and the parklands shall continue
to be used for park purposes as they were prior to the establishment of
such temporary easements. Authorization for the permanent easements
described in sections four, five, seven, eight, ten and eleven of this
act shall require that the department of environmental conservation
restore the surface of the parklands disturbed and the parklands shall
continue to be used for park purposes as they were prior to the estab-
lishment of the permanent easements.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the county of Nassau dedicate an
amount equal to or greater than the fair market value of the parklands
being discontinued to the acquisition of new parklands and/or capital
improvements to existing park and recreational facilities.
§ 3. TEMPORARY EASEMENT - Force main shaft construction area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at Bay Park,
Town of Hempstead, County of Nassau and State of New York being more
particularly bounded and described as follows: beginning at a point on
the northerly line of the Nassau County Sewage Treatment Plant property,
said Point of Beginning being South 68°00' East, as measured along
northerly line of said sewage treatment plant, 543 feet plus or minus,
from the intersection of the northerly line Nassau County Sewage Treat-
ment Plant with the westerly side of Compton Street; running thence
South 68°00' East, along the northerly line of said sewage treatment
plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or
minus; thence North 78°37' West 33 feet plus or minus; thence North
06°10' East 105 feet plus or minus; thence North 30°53' West 56 feet
plus or minus; thence North 64°27' West 190 feet plus or minus; thence
North 20°21' East 49 feet plus or minus, to the northerly line of the
Nassau County Sewage Treatment Plant, at the Point of Beginning.
Containing within said bounds 19,700 square feet plus or minus. The
above described temporary easement is for the construction of a thirty-
foot diameter access shaft. The location of said access shaft is more
particularly described in section four of this act. Said parcel being
part of property designated as Section: 42 Block: A Lots: 50, 57 on the
Nassau County Land and Tax Map.
§ 4. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Bay Park, Town of Hemp-
S. 7508--B 64 A. 9508--B
stead, County of Nassau and State of New York being more particularly
bounded and described as follows: a circular easement with a radius of
15 feet, the center of said circle being the following three (3) courses
from the intersection of the northerly line of the Nassau County Sewage
Treatment Plant with the westerly side of Compton Street: running thence
South 68°00' East, along the northerly line of said sewage treatment
plant, 581 feet plus or minus to the centerline of the permanent ease-
ment for a force main described in section five of this act; thence
South 21°34' West, along said centerline, 17 feet plus or minus; thence
South 14°28' West, continuing along said centerline, 1,439 feet plus or
minus, to the center of the herein described circular easement. Contain-
ing within said bound 707 square feet plus or minus. Said permanent
easement is for an access shaft that extends from the surface of the
ground to an approximate depth of 70 feet. Any permanent surface
improvements for cathodic protection, if necessary, would be flush with
the ground surface or integrated into site landscaping. Said parcel
being part of property designated as Section: 42 Block: A Lots: 50, 57
on the Nassau County Land and Tax Map.
§ 5. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Bay Park, Town of Hemp-
stead, County of Nassau and State of New York being a 20-foot wide strip
of land more particularly bounded and described as follows: beginning at
a point on the northerly line of the Nassau County Sewage Treatment
Plant property, said Point of Beginning being South 68°00' East, as
measured along northerly line of said sewage treatment plant, 571 feet
plus or minus, from the intersection of the northerly line Nassau County
Sewage Treatment Plant with the westerly side of Compton Street; running
thence South 68°00' East, along the northerly line of said sewage treat-
ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus
or minus; thence South 14°28' West 1,463 feet plus or minus; thence
North 75°32' West 20 feet plus or minus; thence North 14°28' East 1,464
feet plus or minus; thence North 21°34' East 18 feet plus or minus, to
the northerly line of the Nassau County Sewage Treatment Plant, at the
Point of Beginning. Containing within said bounds 29,600 square feet.
The above described permanent easement is for the construction and oper-
ation of a six-foot diameter force main at a minimum depth of fifteen
feet below the ground surface. Said parcel being part of property desig-
nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
Tax Map.
§ 6. TEMPORARY EASEMENT - Force main shaft construction area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at the hamlet of
Wantagh, Town of Hempstead, County of Nassau and State of New York being
more particularly bounded and described as follows: beginning at a point
on the northwesterly line of the herein described temporary easement for
the force main shaft construction area, said Point of Beginning being
more particularly described as commencing at the intersection of the
southerly side of Sunrise Highway Street with the southeasterly side of
Lakeview Road; running thence southerly along the southeasterly side of
Lakeview Road 243 feet plus or minus, to the centerline of the permanent
subsurface easement for force main described in section eight of this
S. 7508--B 65 A. 9508--B
act; thence South 60°06' East, along said centerline, 25 feet plus or
minus, to the northwesterly line of the temporary easement for the force
main shaft construction area, at the Point of Beginning. Running thence
North 39°06' East 111 feet plus or minus; thence South 55°47' East 70
feet plus or minus; thence South 38°42' West 240 feet plus or minus;
thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
127 feet plus or minus, to the Point of Beginning. Containing within
said bounds 16,900 square feet plus or minus. The above described tempo-
rary easement is for the construction of a thirty-foot diameter access
shaft. The location of said access shaft is more particularly described
in section seven of this act. Said parcel being part of property desig-
nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax
Map.
§ 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Hamlet of Wantagh, Town of
Hempstead, County of Nassau and State of New York being more particular-
ly bounded and described as follows: a circular easement with a radius
of 15 feet, the center of said circle being the following two (2) cours-
es from the intersection of the southerly side of Sunrise Highway with
the southeasterly side of Lakeview Road: Southerly along the southeast-
erly side of Lakeview Road 243 feet plus or minus, to the centerline of
the permanent subsurface easement for force main, described in section
eight of this act; South 60°06' East, along said centerline, 51 feet
plus or minus, to the center of the herein described circular easement.
Containing within said bounds a surface area of 707 square feet plus or
minus. Said permanent easement is for an access shaft that extends from
the surface of the ground to an approximate depth of 70 feet. Any perma-
nent surface improvements for cathodic protection, if necessary, would
be flush with the ground surface or integrated into site landscaping.
Said parcel being part of property designated as Section: 56 Block: Y
Lot: 259 on the Nassau County Land and Tax Map.
§ 8. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at the Hamlet of Wantagh, Town
of Hempstead, County of Nassau and State of New York being a 20-foot
wide strip of land more particularly bounded and described as follows:
beginning at a point on the southeasterly side of Lakeview Road, said
Point of Beginning being southwesterly 222 feet plus or minus, as meas-
ured along the southeasterly side of Lakeview Road from the intersection
of the southerly side of Sunrise Highway with the southeasterly side of
Lakeview Road; thence South 60°06' East 49 feet plus or minus; thence
South 32°15' East 1,759 feet plus or minus; thence South 16°16' West 53
feet plus or minus; thence North 32°15' West 1,785 feet plus or minus;
thence North 60°06' West 53 feet plus or minus, to the southeasterly
side of Lakeview Road; thence North 48°13' East, along the southeasterly
side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
Containing within said bounds 72,900 square feet plus or minus. The
above described permanent easement is for the construction and operation
of a six-foot diameter force main at a minimum depth of fifteen feet
below the ground surface. Said parcel being part of property designated
as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
S. 7508--B 66 A. 9508--B
§ 9. TEMPORARY EASEMENT - Force main shaft construction area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at the hamlet of
Wantagh, Town of Hempstead, County of Nassau and State of New York being
more particularly bounded and described as follows: beginning at a point
on the northerly line of the herein described temporary easement for the
force main shaft construction area, said Point of Beginning being more
particularly described as commencing at the intersection of the souther-
ly side of Byron Street with the easterly side of Wantagh Parkway;
running thence southerly along the easterly side of Wantagh Parkway 319
feet plus or minus, to the centerline of the permanent subsurface ease-
ment for force main, described in section eleven of this act; thence
South 19°15' East, along said centerline, 257 feet plus or minus, to the
northerly line of the temporary easement for the force main shaft
construction area, at the Point of Beginning. Running thence North
87°25' East 122 feet plus or minus; thence south 33°56' East 68 feet
plus or minus; thence South 04°43' East 54 feet plus or minus; thence
South 86°38' West 78 feet plus or minus; thence South 02°20' East 83
feet plus or minus; thence South 47°04' West 103 feet plus or minus;
thence South 86°22' West 28 feet plus or minus; thence North 08°39' West
264 feet plus or minus; thence North 87°25' East 53 feet plus or minus,
to the Point of Beginning. Containing within said bounds 36,500 square
feet plus or minus. The above described temporary easement is for the
construction of a thirty-foot diameter access shaft. The location of
said access shaft is more particularly described in section ten of this
act. Said parcel being part of property designated as Section: 63 Block:
261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County
Land and Tax Map.
§ 10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Hamlet of Wantagh, Town of
Hempstead, County of Nassau and State of New York being more particular-
ly bounded and described as follows: a circular easement with a radius
of 15 feet, the center of said circle being the following two (2) cours-
es from the intersection of the southerly side of Byron Street with the
easterly side of Wantagh Parkway: Southerly along the easterly side of
Wantagh Parkway 319 feet plus or minus, to the centerline of the perma-
nent subsurface easement for force main, described in section eleven of
this act; thence South 19°15' East, along said centerline, 315 feet plus
or minus, to the center of the herein described circular easement.
Containing within said bounds a surface area of 707 square feet plus or
minus. Said permanent easement is for an access shaft that extends from
the surface of the ground to an approximate depth of 70 feet. Any perma-
nent surface improvements for cathodic protection, if necessary, would
be flush with the ground surface or integrated into site landscaping.
Said parcel being part of property designated as Section: 63 Block: 261
Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County Land
and Tax Map.
§ 11. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
S. 7508--B 67 A. 9508--B
erected, situate, lying and being located at the Hamlet of Wantagh, Town
of Hempstead, County of Nassau and State of New York being a 20-foot
wide strip of land more particularly bounded and described as follows:
beginning at a point on the easterly side of Wantagh Parkway, said Point
of Beginning being southerly 285 feet plus or minus, as measured along
the easterly side of Wantagh Parkway from the intersection of the south-
erly side of Byron Street with the easterly side of Wantagh Parkway;
running thence South 19°15' East 349 feet plus or minus; thence South
02°17' East 1,882 feet plus or minus; thence South 09°25' East 1,202
feet plus or minus; thence South 80°35' West 20 feet plus or minus;
thence North 09°25' West 1,203 feet plus or minus; thence North 02°17'
West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or
minus, to the easterly side of Wantagh Parkway; thence North 02°09'
West, along the easterly side of Wantagh Parkway, 68 feet plus or minus,
to the Point of Beginning. Containing within said bounds 68,000 square
feet plus or minus. The above described permanent easement is for the
construction and operation of a six-foot diameter force main at a mini-
mum depth of fifteen feet below the ground surface. Said parcel being
part of property designated as Section: 63 Block: 261 Lots: 765G, 818A
(Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
§ 12. Should the lands described in sections four, five, seven, eight,
ten and eleven of this act cease to be used for the purposes described
in section one of this act, the permanent easements established pursuant
to section one of this act shall cease and such lands shall be restored
and dedicated as parklands.
§ 13. In the event that the county of Nassau received any funding
support or assistance from the federal government for the purchase,
maintenance, or improvement of the parklands set forth in sections three
through eleven of this act, the discontinuance and alienation of such
parklands authorized by the provisions of this act shall not occur until
the county of Nassau has complied with any applicable federal require-
ments pertaining to the alienation or conversion of parklands, including
satisfying the secretary of the interior that the alienation or conver-
sion complies with all conditions which the secretary of the interior
deems necessary to assure the substitution of other lands shall be
equivalent in fair market value and usefulness to the lands being alien-
ated or converted.
§ 14. This act shall take effect immediately.
SUBPART B
Section 1. Subject to the provisions of this act, the village of East
Rockaway, in the county of Nassau, acting by and through the village
board of such village, is hereby authorized to (a) discontinue perma-
nently the use as parkland the subsurface lands described in sections
four and five of this act and to grant permanent easements on such lands
to the State of New York or county of Nassau for the purpose of
constructing, operating, maintaining and repairing a subsurface sewer
main, and (b) discontinue temporarily the use as parkland the lands
described in section three of this act and grant temporary easements on
such lands to the county of Nassau for the purpose of constructing a
subsurface sewer main. Authorization for the temporary easement
described in section three of this act shall cease upon the completion
of the construction of the sewer main, at which time the department of
environmental conservation shall restore the surface of the parklands
disturbed and the parklands shall continue to be used for park purposes
S. 7508--B 68 A. 9508--B
as they were prior to the grant of the temporary easement. Authorization
for the permanent easements described in sections four and five of this
act shall require that the department of environmental conservation
restore the surface of the parklands disturbed and the parklands shall
continue to be used for park purposes as they were prior to the estab-
lishment of the permanent easements.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the village of East Rockaway
dedicate an amount equal to or greater than the fair market value of the
parklands being discontinued to the acquisition of new parklands and/or
capital improvements to existing park and recreational facilities.
§ 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park-
land upon and under which a temporary easement may be granted pursuant
to subdivision (b) of section one of this act is described as follows:
all that certain plot, piece or parcel of land with buildings and
improvements thereon erected, situate, lying and being located at Incor-
porated Village of East Rockaway, and the Hamlet of Oceanside, Town of
Hempstead, County of Nassau and State of New York being more particular-
ly bounded and described as follows: beginning at a point on the
westerly line of the herein described temporary easement for the force
main shaft construction area, said Point of Beginning being more partic-
ularly described as commencing at the intersection of the northeasterly
side of Long Island Railroad right-of-way with the easterly side of
Ocean Avenue; running thence North 12°34' East, along the easterly side
of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper-
ty designated as Section 38 Block E Lot 14, on the Nassau County Land
and Tax Map; thence South 74°46' East, partly along said northerly line,
206 feet plus or minus, to the westerly line of the temporary easement,
at the Point of Beginning. Running thence North 15°34' East 49 feet plus
or minus; thence South 67°33' East 238 feet plus or minus; thence South
07°07' West 31 feet plus or minus; thence South 86°06' West 161 feet
plus or minus; thence South 64°59' West 117 feet plus or minus; thence
North 15°34' East 140 feet plus or minus, to the Point of Beginning.
Containing within said bounds 23,000 square feet plus or minus. The
above described temporary easement is for the construction of a thirty-
foot diameter access shaft. The location of said access shaft is more
particularly described in section four of this act. Said parcel being
part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
21B on the Nassau County Land and Tax Map.
§ 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
under which a permanent easement may be granted pursuant to subdivision
(a) of section one of this act is described as all that certain plot,
piece or parcel of land with buildings and improvements thereon erected,
situate, lying and being located at Incorporated Village of East Rocka-
way, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau
and State of New York being more particularly bounded and described as
follows: a circular easement with a radius of 15 feet, the center of
said circle being the following three (3) courses from the intersection
of the northeasterly side of Long Island Railroad right-of-way with the
easterly side of Ocean Avenue; North 12°34' East, along the easterly
side of Ocean Avenue, 92 feet plus or minus, to the northerly line of
property designated as Section 38 Block E Lot 14 on the Nassau County
Land and Tax Map; South 74°46' East, partly along the said northerly
line, 333 feet plus or minus, to the centerline of the subsurface ease-
ment for force main described in section five of this act; thence South
19°04' West, along said centerline, 16 feet plus or minus, to the center
S. 7508--B 69 A. 9508--B
of the herein described circular easement. Containing within said bounds
a surface area of 707 square feet plus or minus. Said permanent easement
is for an access shaft that extends from the surface of the ground to an
approximate depth of 70 feet. Any permanent surface improvements for
cathodic protection, if necessary, would be flush with the ground
surface or integrated into site landscaping. Said parcel being part of
property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on
the Nassau County Land and Tax Map.
§ 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and
under which a permanent easement may be granted pursuant to subdivision
(a) of section one of this act is described as all that certain plot,
piece or parcel of land with buildings and improvements thereon erected,
situate, lying and being located at Incorporated Village of East Rocka-
way, and the Hamlet of Oceanside, County of Nassau and State of New York
being a 20-foot wide strip of land more particularly bounded and
described as follows: beginning at a point on the westerly line of the
herein described permanent subsurface easement, said Point of Beginning
being more particularly described as commencing at the intersection of
the northeasterly side of Long Island Railroad right-of-way with the
easterly side of Ocean Avenue; running thence North 12°34' East, along
the easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
erly line of property designated as Section 38 Block E Lot 14 on the
Nassau County Land and Tax Map; thence South 74°46' East, partly along
the said northerly line, 323 feet plus or minus, to the westerly line of
the permanent easement, at the Point of Beginning. Running thence North
19°04' East 73 feet plus or minus, to the northerly line of property
designated as Section 38 Block E Lot 21A on the Nassau County Land and
Tax Map; thence South 60°10' East, along said northerly line, 20 feet
plus or minus; thence South 19°04' West 82 feet plus or minus; thence
South 15°40' East 116 feet plus or minus, to the south line of property
designated as Section 38 Block E Lot 21A on the Nassau County Land and
Tax Map; thence North 88°09' West 21 feet plus or minus; thence North
15°40' West 116 feet plus or minus; thence North 19°04' East 19 feet
plus or minus, to the Point of Beginning. Containing within said bounds
4,100 square feet plus or minus. The above described permanent easement
is for the construction and operation of a six-foot diameter force main
at a minimum depth of fifteen feet below the ground surface. Said parcel
being part of property designated as Section: 38, Block: E, Lots: 12,
14, 21A, 21B on the Nassau County Land and Tax Map.
§ 6. Should the lands described in sections four and five of this act
cease to be used for the purposes described in section one of this act,
the permanent easements established pursuant to section one of this act
shall cease and such lands shall be restored and dedicated as parklands.
§ 7. In the event that the village of East Rockaway received any fund-
ing support or assistance from the federal government for the purchase,
maintenance, or improvement of the parklands set forth in sections three
through five of this act, the discontinuance and alienation of such
parklands authorized by the provisions of this act shall not occur until
the village of East Rockaway has complied with any applicable federal
requirements pertaining to the alienation or conversion of parklands,
including satisfying the secretary of the interior that the alienation
or conversion complies with all conditions which the secretary of the
interior deems necessary to assure the substitution of other lands shall
be equivalent in fair market value and usefulness to the lands being
alienated or converted.
§ 8. This act shall take effect immediately.
S. 7508--B 70 A. 9508--B
SUBPART C
Section 1. Subject to the provisions of this act, the village of Rock-
ville Centre, in the county of Nassau, acting by and through the village
board of such village, is hereby authorized to (a) discontinue perma-
nently the use as parkland the subsurface lands described in sections
three, four and six of this act and to grant permanent easements on such
lands to the State of New York or county of Nassau for the purpose of
constructing, operating, maintaining and repairing a subsurface sewer
main, and (b) discontinue temporarily the use as parkland the lands
described in sections five and seven of this act and grant temporary
easements on such lands to the county of Nassau for the purpose of
constructing a subsurface sewer main. Authorization for the temporary
easements described in sections five and seven of this act shall cease
upon the completion of the construction of the sewer main, at which time
the department of environmental conservation shall restore the surface
of the parklands disturbed and the parklands shall continue to be used
for park purposes as they were prior to the grant of the temporary ease-
ments. Authorization for the permanent easements described in sections
three, four and six of this act shall require that the department of
environmental conservation restore the surface of the parklands
disturbed and the parklands shall continue to be used for park purposes
as they were prior to the establishment of the permanent easements.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the village of Rockville Centre
dedicate an amount equal to or greater than the fair market value of the
parklands being discontinued to the acquisition of new parklands and/or
capital improvements to existing park and recreational facilities.
§ 3. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
East Rockaway, and the Incorporated Village of Rockville Centre, Town of
Hempstead, County of Nassau and State of New York, being a 20-foot wide
strip of land more particularly bounded and described as follows: the
Point of Beginning being at the intersection of the northerly side of
Mill River Avenue with the easterly side of Riverside Road; running
thence northerly along the easterly side of Riverside Road 346 feet plus
or minus; thence South 13°01' West 346 feet plus or minus, to the north-
erly side of Mill River Avenue; thence westerly along the northerly side
of Mill River Avenue, 17 feet plus or minus, to the easterly side of
Riverside Road, at the Point of Beginning. Containing within said bounds
3,100 square feet plus or minus. The above described permanent easement
is for the construction and operation of a six-foot diameter force main
at a minimum depth of fifteen feet below the ground surface. Said parcel
being part of property designated as Section: 38 Block: 136 Lots: 231 on
the Nassau County Land and Tax Map.
§ 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
Rockville Centre, Incorporated Village of East Rockaway, and Incorpo-
rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
of New York being more particularly bounded and described as a circular
S. 7508--B 71 A. 9508--B
easement with a radius of 15 feet, the center of said circle being the
following two (2) courses from the intersection of the northerly side of
Park Avenue with the easterly side of Oxford Road: Easterly along the
northerly side of Park Avenue, 203 feet plus or minus, to the centerline
of the permanent subsurface easement for force main described in section
six of this act; North 13°01' East, along said centerline, 953 feet plus
or minus, to the center of the herein described circular easement.
Containing within said bounds a surface area of 707 square feet plus or
minus. Said permanent easement is for an access shaft that extends from
the surface of the ground to an approximate depth of 70 feet. Any perma-
nent surface improvements for cathodic protection, if necessary, would
be flush with the ground surface or integrated into site landscaping.
Said parcel being part of property designated as Section: 38 Block: F
Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on
the Nassau County Land and Tax Map.
§ 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at Incorporated
Village of Rockville Centre, Incorporated Village of East Rockaway, and
Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau
and State of New York being more particularly bounded and described as
follows: Beginning at a point on the southerly side of the herein
described temporary easement for the force main shaft construction area,
said Point of Beginning being more particularly described as commencing
at the intersection of the northerly side of Park Avenue with the east-
erly side of Oxford Road; running thence easterly along the northerly
side of Park Avenue, 203 feet plus or minus, to the centerline of the
permanent subsurface easement for force main described in section six of
this act; thence North 13°01' East, along said centerline, 920 feet plus
or minus, to the southerly line of the temporary easement, at the Point
of Beginning. Running thence North 76°19' West 136 feet plus or minus,
to the easterly terminus of Merton Avenue (unopened); thence North
76°19' West, through the unopened part of Merton Avenue, 48 feet plus or
minus; thence North 14°49' East 5' feet plus or minus, to the northerly
side of Merton Avenue; thence North 14°49' East 27' feet plus or minus;
thence South 76°29' East 66 feet plus or minus; thence North 36°47' East
61 feet plus or minus; thence North 78°41' East 145 feet plus or minus;
thence South 65°54' East 46 feet plus or minus; thence South 29°39' West
147 feet plus or minus; thence North 76°19' West 42 feet plus or minus,
to the Point of Beginning. Containing within said bounds 22,800 square
feet plus or minus. The above described temporary easement is for the
construction of a thirty-foot diameter access shaft. The location of
said access shaft is more particularly described in section four of this
act. Said parcel being part of property designated as Section: 38 Block:
F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C
on the Nassau County Land and Tax Map.
§ 6. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
Rockville Centre, Incorporated Village of East Rockaway, and Incorpo-
rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
of New York being a 20-foot wide strip of land more particularly bounded
S. 7508--B 72 A. 9508--B
and described as follows: beginning at a point on the northerly side of
Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as
measured along the northerly side of Park Avenue from the intersection
of the northerly side of Park Avenue with the easterly side of Oxford
Road; running thence North 13°01' East 956 feet plus or minus; thence
North 44°00' East 446 feet plus or minus, to the northeasterly line of
property designated as Section 38 Block F Lot 50F, on the Nassau County
Land and Tax Map; thence South 53°10' East, along said northeasterly
line, 20 feet plus or minus; thence South 44°00' West 443 feet plus or
minus; thence South 13°01' West 950 feet plus or minus, to the northerly
side of Park Avenue; thence North 79°36' West, along said northerly
side, 20 feet plus or minus to the Point of Beginning; containing within
said bounds 28,000 square feet plus or minus. The above described perma-
nent easement is for the construction and operation of a six-foot diam-
eter force main at a minimum depth of fifteen feet below the ground
surface. Said parcel being part of property designated as Section: 38
Block: F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,
50B, 50C on the Nassau County Land and Tax Map.
§ 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at Incorporated
Village of Rockville Centre, Town of Hempstead, County of Nassau and
State of New York being more particularly bounded and described as
follows: beginning at a point on the northerly side of Sunrise Highway
(New York State Route 27A), said Point of Beginning being distant 254
feet plus or minus westerly as measured along the northerly side of
Sunrise Highway from the intersection of the northerly side of Sunrise
Highway with the westerly side of Forest Avenue; running thence North
86°15' West, along the northerly side of Sunrise Highway, 175 feet plus
or minus; thence South 68°26' West, continuing along the northerly side
of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162
feet plus or minus, to the southerly side of the Long Island Rail Road
right-of-way; thence South 86°59' East, along the southerly side of the
Long Island Rail Road, 479 feet plus or minus; thence South 01°59' West
75 feet plus or minus, to the northerly side of the travelled way of
Sunrise Highway, then 160 feet plus or minus along the arc or a circular
curve to the left that has a radius of 850 feet and a chord that bears
South 80°03' West 160 feet plus or minus to the Point of Beginning.
Containing within said bounds 50,300 square feet plus or minus. The
above described temporary easement is necessary for the construction of
temporary access to the aqueduct below Sunrise Highway area. Said parcel
being part of property designated as Section: 38 Block: 291 Lot: 17 on
the Nassau County Land and Tax Map.
§ 8. Should the lands described in sections three, four and six of
this act cease to be used for the purposes described in section one of
this act, the permanent easements established pursuant to section one of
this act shall cease and such lands shall be restored and dedicated as
parklands.
§ 9. In the event that the village of Rockville Centre received any
funding support or assistance from the federal government for the
purchase, maintenance, or improvement of the parklands set forth in
sections three through seven of this act, the discontinuance and alien-
ation of such parklands authorized by the provisions of this act shall
not occur until the village of Rockville Centre has complied with any
S. 7508--B 73 A. 9508--B
applicable federal requirements pertaining to the alienation or conver-
sion of parklands, including satisfying the secretary of the interior
that the alienation or conversion complies with all conditions which the
secretary of the interior deems necessary to assure the substitution of
other lands shall be equivalent in fair market value and usefulness to
the lands being alienated or converted.
§ 10. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by a court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section,
subpart or part thereof directly involved in the controversy in which
such judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART VV
Intentionally Omitted
PART WW
Section 1. Subdivision 3 of section 23-0501 of the environmental
conservation law is renumbered subdivision 4 and a new subdivision 3 is
added to read as follows:
3. (A) NO PERMITS SHALL BE ISSUED AUTHORIZING AN APPLICANT TO DRILL,
DEEPEN, PLUG BACK, OR CONVERT WELLS THAT USE HIGH-VOLUME HYDRAULIC FRAC-
TURING TO COMPLETE OR RECOMPLETE NATURAL GAS OR OIL RESOURCES. FOR
PURPOSES OF THIS SECTION, HIGH-VOLUME HYDRAULIC FRACTURING SHALL BE
DEFINED AS THE STIMULATION OF A WELL USING THREE HUNDRED THOUSAND OR
MORE GALLONS OF WATER AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR ALL
STAGES IN A WELL COMPLETION, REGARDLESS OF WHETHER THE WELL IS VERTICAL
OR DIRECTIONAL, INCLUDING HORIZONTAL.
(B) THERE SHALL BE A MORATORIUM ON THE DEPARTMENT TAKING ACTIONS ON
APPLICATIONS FILED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF 2020 WHICH ADDED THIS SUBDIVISION TO DRILL, DEEPEN, PLUG BACK, OR
CONVERT WELLS THAT USE GELLED PROPANE HYDRAULIC FRACTURING TO COMPLETE
OR RECOMPLETE NATURAL GAS OR OIL RESOURCES UNTIL THE DEPARTMENT
COMPLETES AN ANALYSIS OF THE POTENTIAL IMPACTS OF GELLED PROPANE FRAC-
TURING AND MAKES THE ANALYSIS PUBLICLY AVAILABLE. THE SCOPE OF THE
DEPARTMENT'S ANALYSIS SHALL REFLECT THE POTENTIAL FOR DEVELOPMENT OF OIL
AND GAS WELLS USING GELLED PROPANE HYDRAULIC FRACTURING AND SHALL
DISCLOSE THE POTENTIAL ADVERSE IMPACTS TO THE ENVIRONMENT. FOR PURPOSES
OF THIS SECTION, GELLED PROPANE HYDRAULIC FRACTURING SHALL BE DEFINED AS
THE STIMULATION OF A WELL USING GELLED PROPANE OR LIQUEFIED PETROLEUM
GAS AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR ALL STAGES IN A WELL
COMPLETION, REGARDLESS OF WHETHER THE WELL IS VERTICAL OR DIRECTIONAL,
INCLUDING HORIZONTAL.
§ 2. This act shall take effect immediately.
PART XX
S. 7508--B 74 A. 9508--B
Section 1. The vehicle and traffic law is amended by adding a new
section 102-c to read as follows:
§ 102-C. BICYCLE WITH ELECTRIC ASSIST. A BICYCLE WHICH IS NO MORE THAN
THIRTY-SIX INCHES WIDE AND HAS AN ELECTRIC MOTOR OF LESS THAN SEVEN
HUNDRED FIFTY WATTS, EQUIPPED WITH OPERABLE PEDALS, MEETING THE EQUIP-
MENT AND MANUFACTURING REQUIREMENTS FOR BICYCLES ADOPTED BY THE CONSUMER
PRODUCT SAFETY COMMISSION UNDER 16 C.F.R. PART 1512.1 ET SEQ. AND MEET-
ING THE REQUIREMENTS OF ONE OF THE FOLLOWING THREE CLASSES:
(A) "CLASS ONE BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
ASSIST HAVING AN ELECTRIC MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE
PERSON OPERATING SUCH BICYCLE IS PEDALING, AND THAT CEASES TO PROVIDE
ASSISTANCE WHEN SUCH BICYCLE REACHES A SPEED OF TWENTY MILES PER HOUR.
(B) "CLASS TWO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
ASSIST HAVING AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
SUCH BICYCLE, AND THAT IS NOT CAPABLE OF PROVIDING ASSISTANCE WHEN SUCH
BICYCLE REACHES A SPEED OF TWENTY MILES PER HOUR.
(C) "CLASS THREE BICYCLE WITH ELECTRIC ASSIST." SOLELY WITHIN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, A BICYCLE WITH ELECTRIC
ASSIST HAVING AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
SUCH BICYCLE, AND THAT IS NOT CAPABLE OF PROVIDING ASSISTANCE WHEN SUCH
BICYCLE REACHES A SPEED OF TWENTY-FIVE MILES PER HOUR.
§ 2. The vehicle and traffic law is amended by adding a new section
114-e to read as follows:
§ 114-E. ELECTRIC SCOOTER. EVERY DEVICE WEIGHING LESS THAN ONE HUNDRED
POUNDS THAT (A) HAS HANDLEBARS, A FLOORBOARD OR A SEAT THAT CAN BE STOOD
OR SAT UPON BY THE OPERATOR, AND AN ELECTRIC MOTOR, (B) CAN BE POWERED
BY THE ELECTRIC MOTOR AND/OR HUMAN POWER, AND (C) HAS A MAXIMUM SPEED OF
NO MORE THAN TWENTY MILES PER HOUR ON A PAVED LEVEL SURFACE WHEN POWERED
SOLELY BY THE ELECTRIC MOTOR.
§ 3. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
§ 125. Motor vehicles. Every vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except (a) electrically-driven mobility assistance devices operated or
driven by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside a city with a population of one
million or more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all terrain vehicles as defined in article forty-eight-B of this
chapter, (E) BICYCLES WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE
HUNDRED TWO-C OF THIS ARTICLE, AND (F) ELECTRIC SCOOTERS AS DEFINED IN
SECTION ONE HUNDRED FOURTEEN-E OF THIS ARTICLE. For the purposes of
title four of this chapter, the term motor vehicle shall exclude fire
and police vehicles other than ambulances. For the purposes of titles
four and five of this chapter the term motor vehicles shall exclude farm
type tractors and all terrain type vehicles used exclusively for agri-
cultural purposes, or for snow plowing, other than for hire, farm equip-
ment, including self-propelled machines used exclusively in growing,
harvesting or handling farm produce, and self-propelled caterpillar or
crawler-type equipment while being operated on the contract site.
§ 4. The section heading of section 1238 of the vehicle and traffic
law, as amended by chapter 267 of the laws of 1993, is amended to read
as follows:
Passengers on bicycles under one year of age prohibited; passengers
and operators under fourteen years of age to wear protective headgear;
S. 7508--B 75 A. 9508--B
OPERATORS OF CLASS THREE BICYCLES WITH ELECTRIC ASSIST TO WEAR PROTEC-
TIVE HEADGEAR.
§ 5. Section 1238 of the vehicle and traffic law is amended by adding
a new subdivision 5-c to read as follows:
5-C. NO PERSON SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE A CLASS
THREE BICYCLE WITH ELECTRIC ASSIST UNLESS SUCH PERSON IS WEARING A
HELMET MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER. FOR THE
PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
STRAPS SECURELY FASTENED.
§ 6. Subdivision 6 of section 1238 of the vehicle and traffic law, as
added by chapter 267 of the laws of 1993, paragraph (a) as amended by
chapter 402 of the laws of 2001 and paragraph (c) as amended by chapter
703 of the laws of 2004, is amended to read as follows:
6. (a) Any person who violates the provisions of subdivision five,
five-a [or], five-b OR FIVE-C of this section shall pay a civil fine not
to exceed fifty dollars.
(b) The court shall waive any fine for which a person who violates the
provisions of subdivision five OR SUBDIVISION FIVE-C of this section
would be liable if such person supplies the court with proof that
between the date of violation and the appearance date for such violation
such person purchased or rented a helmet.
(c) The court may waive any fine for which a person who violates the
provisions of subdivision five, five-a, [or] five-b, OR FIVE-C of this
section would be liable if the court finds that due to reasons of
economic hardship such person was unable to purchase a helmet or due to
such economic hardship such person was unable to obtain a helmet from
the statewide in-line skate and bicycle helmet distribution program, as
established in section two hundred six of the public health law, or a
local distribution program. SUCH WAIVER OF A FINE SHALL NOT APPLY TO A
SECOND OR SUBSEQUENT VIOLATION OF SUBDIVISION FIVE-C OF THIS SECTION.
§ 7. Subdivision 8 of section 1238 of the vehicle and traffic law, as
amended by chapter 694 of the laws of 1995, is amended to read as
follows:
8. (A) A police officer shall only issue a summons for a violation of
subdivision two, five, or five-a of this section by a person less than
fourteen years of age to the parent or guardian of such person if the
violation by such person occurs in the presence of such person's parent
or guardian and where such parent or guardian is eighteen years of age
or more. Such summons shall only be issued to such parent or guardian,
and shall not be issued to the person less than fourteen years of age.
(B) A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
SUBDIVISION FIVE-C OF THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS
OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH
PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDIAN AND
WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH
SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT
BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
§ 8. The vehicle and traffic law is amended by adding two new sections
1242 and 1243 to read as follows:
§ 1242. ADDITIONAL PROVISIONS APPLICABLE TO BICYCLES WITH ELECTRIC
ASSIST. 1. IN ADDITION TO COMPLYING WITH ALL OF THE RULES, REGULATIONS,
AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED IN THIS ARTICLE, BICY-
CLES WITH ELECTRIC ASSIST SHALL OPERATE IN A MANNER SO THAT THE ELECTRIC
MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED OR
THE RIDER STOPS PEDALING, OR OPERATE IN A MANNER SUCH THAT THE ELECTRIC
S. 7508--B 76 A. 9508--B
MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT, WHEN RELEASED, WILL
CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNCTION.
2. NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE A BICYCLE
WITH ELECTRIC ASSIST. THE FAILURE OF ANY PERSON TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLI-
GENCE OR ASSUMPTION OF RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR
FORECLOSE AN ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH BY OR ON
BEHALF OF SUCH PERSON, NOR IN ANY WAY DIMINISH OR REDUCE THE DAMAGES
RECOVERABLE IN ANY SUCH ACTION.
3. (A) EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
SION, THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW
OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE AND MANNER OF THE OPERA-
TION OF BICYCLES WITH ELECTRIC ASSIST INCLUDING, BUT NOT LIMITED TO,
MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND THE WEARING
OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL BY OPERATORS OF BICY-
CLES WITH ELECTRIC ASSIST, AND MAY LIMIT, PROHIBIT THE USE THEREOF IN
SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF BICYCLES WITH ELECTRIC
ASSIST WITHIN SUCH CITY, TOWN OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE
IS VISIBLY POSTED OUTSIDE THE BOUNDARIES OF SUCH PROHIBITED AREAS.
(B) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE IN THE COUNTIES OF
NASSAU OR SUFFOLK MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE
TIME, PLACE AND MANNER OF THE OPERATION OF BICYCLES WITH ELECTRIC
ASSIST, INCLUDING, BUT NOT LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE
OF PROTECTIVE HEADGEAR, AND THE WEARING OF READILY VISIBLE REFLECTIVE
CLOTHING OR MATERIAL BY OPERATORS OF BICYCLES WITH ELECTRIC ASSIST ONLY
AFTER ADOPTION OF A LOCAL LAW OR ORDINANCE BY THE GOVERNING BODY OF THE
COUNTY IN WHICH THE CITY, TOWN OR VILLAGE IS LOCATED. PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE ADOPTION OF
A LOCAL LAW OR ORDINANCE BY A CITY, TOWN OR VILLAGE IN THE COUNTIES OF
NASSAU OR SUFFOLK PURSUANT TO THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION TO PROHIBIT THE USE OF BICYCLES WITH ELECTRIC ASSIST IN
SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF BICYCLES WITH ELECTRIC
ASSIST WITHIN SUCH CITY, TOWN OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE
IS VISIBLY POSTED OUTSIDE THE BOUNDARIES OF SUCH PROHIBITED AREAS.
(C) THE GOVERNING BODY OF ANY TOWN OR VILLAGE IN THE COUNTY OF WEST-
CHESTER MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE
AND MANNER OF THE OPERATION OF BICYCLES WITH ELECTRIC ASSIST, INCLUDING,
BUT NOT LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEAD-
GEAR, AND THE WEARING OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL
BY OPERATORS OF BICYCLES WITH ELECTRIC ASSIST ONLY AFTER ADOPTION OF A
LOCAL LAW OR ORDINANCE BY THE GOVERNING BODY OF WESTCHESTER COUNTY.
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY
TO THE ADOPTION OF A LOCAL LAW OR ORDINANCE BY A TOWN OR VILLAGE IN THE
COUNTY OF WESTCHESTER PURSUANT TO THE PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION TO PROHIBIT THE USE OF BICYCLES WITH ELECTRIC ASSIST IN
SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF BICYCLES WITH ELECTRIC
ASSIST WITHIN SUCH TOWN OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE IS
VISIBLY POSTED OUTSIDE THE BOUNDARIES OF SUCH PROHIBITED AREAS.
4. (A) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST ON ANY
PUBLIC LANDS OR PROPERTY, OTHER THAN A HIGHWAY EXCLUSIVE OF ANY GREENWAY
RUNNING ADJACENT TO OR CONNECTED WITH A HIGHWAY, EXCEPT THAT A BICYCLE
WITH ELECTRIC ASSIST MAY BE OPERATED ON ANY SUCH LANDS THAT HAVE BEEN
DESIGNATED AND POSTED FOR TRAVEL BY BICYCLES WITH ELECTRIC ASSIST IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION. FOR
THE PURPOSES OF THIS SUBDIVISION, THE TERM "GREENWAY" SHALL HAVE THE
SAME MEANING AS SUCH TERM IS DEFINED BY SUBDIVISION SEVEN OF SECTION
S. 7508--B 77 A. 9508--B
44-0103 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVISION ONE OF
SECTION 39.03 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
(B) A STATE AGENCY, BY REGULATION OR ORDER, AND A CITY, TOWN OR
VILLAGE, BY LOCAL LAW OR ORDINANCE, MAY DESIGNATE ANY APPROPRIATE PUBLIC
LANDS AND PROPERTIES UNDER ITS JURISDICTION, OTHER THAN HIGHWAYS EXCLU-
SIVE OF ANY GREENWAY RUNNING ADJACENT TO OR CONNECTED WITH A HIGHWAY, AS
A PLACE OPEN FOR TRAVEL BY BICYCLES WITH ELECTRIC ASSIST UPON WRITTEN
REQUEST FOR SUCH DESIGNATION BY ANY PERSON, AND MAY IMPOSE RESTRICTIONS
AND CONDITIONS FOR THE REGULATION AND SAFE OPERATION OF BICYCLES WITH
ELECTRIC ASSIST ON SUCH PUBLIC LANDS OR PROPERTY, SUCH AS TRAVEL ON
DESIGNATED TRAILS AND HOURS OF OPERATION.
5. (A) NO BICYCLE WITH ELECTRIC ASSIST SHALL BE OPERATED ON A SIDE-
WALK, EXCEPT AS MAY BE AUTHORIZED BY A LOCAL LAW OR ORDINANCE ADOPTED BY
A CITY, TOWN OR VILLAGE HAVING JURISDICTION OVER SUCH SIDEWALK INCLUDING
PARKING ON CERTAIN SIDEWALKS WITHIN SUCH CITY, TOWN OR VILLAGE IN
COMPLIANCE WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, AS
AMENDED (PUBLIC LAW 101-336).
(B) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
VISION, A BICYCLE WITH ELECTRIC ASSIST OWNED BY A NATURAL PERSON WHERE
THE OWNER IS ENGAGED IN PERSONAL USE MAY PARK ON A SIDEWALK WHETHER
ATTENDED OR UNATTENDED. A CITY, TOWN OR VILLAGE HAVING JURISDICTION OVER
SUCH SIDEWALK SHALL PROVIDE A METHOD BY WHICH A BICYCLE WITH ELECTRIC
ASSIST OWNED BY A NATURAL PERSON MAY BE IDENTIFIED AS SUCH.
(II) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A BICYCLE WITH ELECTRIC ASSIST USED TO TRANSPORT PROPERTY IN
COMMERCE MAY TEMPORARILY PARK ON A SIDEWALK, WHETHER ATTENDED OR UNAT-
TENDED, FOR THE PURPOSE OF AND WHILE ACTUALLY ENGAGED COMMERCIALLY IN
THE LOADING OR UNLOADING OF PROPERTY. A CITY, TOWN OR VILLAGE HAVING
JURISDICTION OVER SUCH SIDEWALK SHALL PROVIDE A METHOD BY WHICH A BICY-
CLE WITH ELECTRIC ASSIST USED TO TRANSPORT PROPERTY IN COMMERCE MAY BE
IDENTIFIED AS SUCH.
(III) NO PERSON SHALL PARK A BICYCLE WITH ELECTRIC ASSIST PURSUANT TO
THIS PARAGRAPH IN A MANNER THAT INTERFERES WITH THE FREE PASSAGE OF
PEDESTRIANS ON A SIDEWALK.
6. EVERY PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST SHALL YIELD
THE RIGHT OF WAY TO PEDESTRIANS.
7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (B) OF SECTION TWELVE
HUNDRED THIRTY-FOUR OF THIS ARTICLE TO THE CONTRARY, PERSONS OPERATING
BICYCLES WITH ELECTRIC ASSIST UPON A ROADWAY SHALL RIDE SINGLE FILE.
8. EXCEPT AS MAY BE OTHERWISE PROVIDED BY LOCAL LAW, ORDINANCE, ORDER,
RULE OR REGULATION ENACTED OR PROMULGATED PURSUANT TO THIS ARTICLE, A
BICYCLE WITH ELECTRIC ASSIST MAY ONLY BE OPERATED ON HIGHWAYS WITH A
POSTED SPEED LIMIT OF THIRTY MILES PER HOUR OR LESS, INCLUDING NON-IN-
TERSTATE PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC,
AND DESIGNATED BICYCLE OR IN-LINE SKATE LANES.
9. NO PERSON SHALL OPERATE A CLASS ONE OR CLASS TWO BICYCLE WITH ELEC-
TRIC ASSIST IN EXCESS OF TWENTY MILES PER HOUR. NO PERSON SHALL OPERATE
A CLASS THREE BICYCLE WITH ELECTRIC ASSIST IN EXCESS OF TWENTY-FIVE
MILES PER HOUR.
10. THE OPERATION OF A CLASS THREE BICYCLE WITH ELECTRIC ASSIST
OUTSIDE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE IS PROHIB-
ITED.
11. (A) NO PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN THE
BUSINESS OF SELLING OR LEASING BICYCLES WITH ELECTRIC ASSIST SHALL SELL
OR LEASE ANY BICYCLE WITH ELECTRIC ASSIST ON OR AFTER JUNE FIRST, TWO
THOUSAND TWENTY-TWO UNLESS SUCH BICYCLE WITH ELECTRIC ASSIST HAS PERMA-
S. 7508--B 78 A. 9508--B
NENTLY AFFIXED THERETO, IN A PROMINENT LOCATION, A MANUFACTURER'S LABEL
WHICH SHALL INCLUDE THE FOLLOWING INFORMATION: THE CLASS, MAXIMUM
MOTOR-ASSISTED SPEED, AND MOTOR WATTAGE OF SUCH BICYCLE WITH ELECTRIC
ASSIST. MANUFACTURERS AND DISTRIBUTORS OF BICYCLES WITH ELECTRIC ASSIST
SHALL, BY APRIL FIRST, TWO THOUSAND TWENTY-TWO, ESTABLISH A PROCESS BY
WHICH AN OWNER OF A BICYCLE WITH ELECTRIC ASSIST MAY REQUEST AND OBTAIN
A MANUFACTURER'S LABEL PROVIDING THE CLASS, MAXIMUM MOTOR-ASSISTED
SPEED, AND MOTOR WATTAGE APPLICABLE TO HIS OR HER BICYCLE WITH ELECTRIC
ASSIST PURCHASED PRIOR TO JUNE FIRST, TWO THOUSAND TWENTY-TWO AND
INSTALLATION INSTRUCTIONS FROM SUCH MANUFACTURERS AND DISTRIBUTORS.
(B) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST ON ANY
PUBLIC HIGHWAY OR STREET IN THIS STATE AFTER JUNE FIRST, TWO THOUSAND
TWENTY-TWO UNLESS SUCH BICYCLE WITH ELECTRIC ASSIST HAS PERMANENTLY
AFFIXED THERETO, IN A PROMINENT LOCATION, A MANUFACTURER'S LABEL PROVID-
ING THE CLASS, MAXIMUM MOTOR-ASSISTED SPEED, AND MOTOR WATTAGE OF SUCH
BICYCLE WITH ELECTRIC ASSIST. ANY PERSON WHO VIOLATES THE PROVISIONS OF
THIS PARAGRAPH SHALL BE PUNISHED BY A CIVIL FINE OF UP TO FIFTY DOLLARS.
THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF THIS PARAGRAPH WOULD BE LIABLE IF SUCH PERSON SUPPLIES THE
COURT WITH PROOF THAT, BETWEEN THE DATE ON WHICH HE OR SHE IS CHARGED
WITH HAVING VIOLATED THIS PARAGRAPH AND THE APPEARANCE DATE FOR SUCH
VIOLATION, A MANUFACTURER'S LABEL WAS AFFIXED TO HIS OR HER BICYCLE WITH
ELECTRIC ASSIST AS REQUIRED BY THIS PARAGRAPH. PROVIDED, HOWEVER, THAT
SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT CONVICTION
UNDER THIS PARAGRAPH.
12. A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO, FIVE, SIX, NINE,
OR TEN OF THIS SECTION SHALL RESULT IN A CIVIL FINE NOT TO EXCEED FIFTY
DOLLARS.
13. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS OF AGE TO THE PARENT OR
GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE
PRESENCE OF SUCH PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR
GUARDIAN IS EIGHTEEN YEARS OF AGE OR OLDER. SUCH SUMMONS SHALL ONLY BE
ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON
LESS THAN SIXTEEN YEARS OF AGE.
§ 1243. SHARED BICYCLE AND SHARED BICYCLE WITH ELECTRIC ASSIST
SYSTEMS; DATA PROTECTION. 1. THE GOVERNING BODY OF ANY CITY, TOWN OR
VILLAGE MAY, BY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHOR-
IZE AND REGULATE SHARED BICYCLE SYSTEMS OR SHARED BICYCLE WITH ELECTRIC
ASSIST SYSTEMS WITHIN SUCH CITY, TOWN OR VILLAGE. NO SUCH SHARED
SYSTEMS SHALL OPERATE WITHIN A CITY, TOWN OR VILLAGE EXCEPT AS AUTHOR-
IZED BY SUCH LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION. FOR THE
PURPOSES OF THIS SUBDIVISION, THE TERM SHARED BICYCLE SYSTEM OR SHARED
BICYCLE WITH ELECTRIC ASSIST SYSTEM SHALL MEAN A NETWORK OF SELF-SERVICE
AND PUBLICLY AVAILABLE BICYCLES OR BICYCLES WITH ELECTRIC ASSIST IN
WHICH A BICYCLE OR BICYCLE WITH ELECTRIC ASSIST TRIP BEGINS AND/OR ENDS
ON ANY PUBLIC HIGHWAY.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL
TRIP DATA, PERSONAL INFORMATION, IMAGES, VIDEOS, AND OTHER RECORDED
IMAGES COLLECTED BY ANY SHARED BICYCLE SYSTEM OR SHARED BICYCLE WITH
ELECTRIC ASSIST SYSTEM WHICH IS AUTHORIZED TO OPERATE WITHIN A CITY,
TOWN OR VILLAGE PURSUANT TO THIS SECTION: (A) SHALL BE FOR THE EXCLUSIVE
USE OF SUCH SHARED BICYCLE OR SHARED BICYCLE WITH ELECTRIC ASSIST SYSTEM
AND SHALL NOT BE SOLD, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE FOR ANY
COMMERCIAL PURPOSE AND (B) SHALL NOT BE DISCLOSED OR OTHERWISE MADE
ACCESSIBLE EXCEPT (I) TO THE PERSON WHO IS THE SUBJECT OF SUCH DATA,
S. 7508--B 79 A. 9508--B
INFORMATION OR RECORD; OR (II) IF NECESSARY TO COMPLY WITH A LAWFUL
COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR INDIVID-
UAL DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMI-
NAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEV-
ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM. FOR THE PURPOSES
OF THIS SUBDIVISION, "PERSONAL INFORMATION" SHALL MEAN INFORMATION THAT
IDENTIFIES AN INDIVIDUAL, INCLUDING BUT NOT LIMITED TO NAME, ADDRESS,
TELEPHONE NUMBER, AND THE TYPE AND FORM OF PAYMENT INCLUDING CREDIT CARD
NUMBER, DEBIT CARD NUMBER, OR OTHER PAYMENT METHOD.
§ 9. The vehicle and traffic law is amended by adding a new section
1242-a to read as follows:
§ 1242-A. OPERATION OF A BICYCLE WITH ELECTRIC ASSIST WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A)
OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE ABILITY IMPAIRED. NO
PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE THE PERSON'S
ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY THE
CONSUMPTION OF ALCOHOL.
(I) A VIOLATION OF THIS PARAGRAPH SHALL BE A TRAFFIC INFRACTION AND
SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN THREE HUNDRED DOLLARS, OR
BY IMPRISONMENT IN A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN
FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
(II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
OF THIS PARAGRAPH AFTER HAVING BEEN CONVICTED OF A VIOLATION OF ANY
PARAGRAPH OF THIS SUBDIVISION WITHIN THE PRECEDING FIVE YEARS SHALL BE
PUNISHED BY A FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS, OR BY
IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IN A PENITENTIARY OR COUNTY
JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
(III) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN
VIOLATION OF THIS PARAGRAPH AFTER BEING CONVICTED TWO OR MORE TIMES OF A
VIOLATION OF ANY PARAGRAPH OF THIS SUBDIVISION WITHIN THE PRECEDING TEN
YEARS SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A FINE
OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY IMPRISONMENT OF NOT MORE
THAN ONE HUNDRED EIGHTY DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH
SUCH FINE AND IMPRISONMENT.
(B) OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE INTOXICATED; PER
SE. NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE SUCH
PERSON HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN THE
PERSON'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD,
BREATH, URINE OR SALIVA, MADE PURSUANT TO THE PROVISIONS OF SUBDIVISION
FIVE OF THIS SECTION.
(C) OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE INTOXICATED. NO
PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE IN AN INTOXI-
CATED CONDITION.
(D) OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE ABILITY IMPAIRED BY
DRUGS. NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE THE
PERSON'S ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS
IMPAIRED BY THE USE OF A DRUG AS DEFINED IN THIS CHAPTER.
(E) OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE ABILITY IMPAIRED BY
THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS. NO
PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE THE PERSON'S
ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY THE
COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS.
S. 7508--B 80 A. 9508--B
(F) PENALTY. (I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
SUBDIVISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF
NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY
OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND
IMPRISONMENT.
(II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN
CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
SUBDIVISION WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF A CLASS E
FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
BY BOTH SUCH FINE AND IMPRISONMENT.
(III) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER
HAVING BEEN CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E)
OF THIS SUBDIVISION TWO OR MORE TIMES WITHIN THE PRECEDING TEN YEARS
SHALL BE GUILTY OF A CLASS E FELONY, AND SHALL BE PUNISHED BY A FINE OF
NOT MORE THAN FOUR THOUSAND DOLLARS OR BY A PERIOD OF IMPRISONMENT AS
PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
2. CERTAIN SENTENCES PROHIBITED. NOTWITHSTANDING ANY PROVISIONS OF THE
PENAL LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDI-
TIONAL DISCHARGE FOR A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF
SUBDIVISION ONE OF THIS SECTION.
3. SENTENCING; PREVIOUS CONVICTIONS. WHEN SENTENCING A PERSON FOR A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE
PERSON MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
TO SUBPARAGRAPH (III) OF PARAGRAPH (F) OF SUBDIVISION ONE OF THIS
SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL
CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF
ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS TITLE WITHIN THE PRECEDING TEN YEARS.
4. ARREST AND FIELD TESTING. (A) ARREST. NOTWITHSTANDING THE
PROVISIONS OF SECTION 140.10 OF THE CRIMINAL PROCEDURE LAW, A POLICE
OFFICER MAY, WITHOUT A WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION
OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION
IS COUPLED WITH AN ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS
INVOLVED, WHICH IN FACT HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE
OFFICER'S PRESENCE, WHEN THE OFFICER HAS REASONABLE CAUSE TO BELIEVE
THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON. FOR THE PURPOSES OF
THIS SUBDIVISION, POLICE OFFICER SHALL ALSO INCLUDE A PEACE OFFICER
AUTHORIZED TO ENFORCE THIS CHAPTER WHEN THE ALLEGED VIOLATION CONSTI-
TUTES A CRIME.
S. 7508--B 81 A. 9508--B
(B) FIELD TESTING. EVERY PERSON OPERATING A BICYCLE WITH ELECTRIC
ASSIST WHICH HAS BEEN INVOLVED IN AN ACCIDENT SHALL, AT THE REQUEST OF A
POLICE OFFICER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE POLICE
OFFICER. IF SUCH TEST INDICATES THAT SUCH OPERATOR HAS CONSUMED ALCOHOL,
THE POLICE OFFICER MAY REQUEST SUCH OPERATOR TO SUBMIT TO A CHEMICAL
TEST IN THE MANNER SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
5. CHEMICAL TESTS; WHEN AUTHORIZED. A POLICE OFFICER MAY REQUEST ANY
PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN THIS STATE TO
CONSENT TO A CHEMICAL TEST OF ONE OR MORE OF THE FOLLOWING: BREATH,
BLOOD, URINE, OR SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
AND/OR DRUG CONTENT OF SUCH PERSON'S BLOOD, PROVIDED THAT SUCH TEST IS
ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER WITH RESPECT TO A
CHEMICAL TEST OF BREATH, URINE OR SALIVA OR, WITH RESPECT TO A CHEMICAL
TEST OF BLOOD, AT THE DIRECTION OF A POLICE OFFICER: (A) HAVING REASON-
ABLE GROUNDS TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN VIOLATION
OF PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON HAS BEEN PLACED UNDER
ARREST FOR ANY SUCH VIOLATION; OR (B) WITHIN TWO HOURS AFTER A BREATH
TEST, AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION,
INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH PERSON AND IN ACCORD-
ANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY THE POLICE FORCE OF
WHICH THE OFFICER IS A MEMBER.
6. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
NITY; TESTIMONY. (I) AT THE REQUEST OF A POLICE OFFICER, THE FOLLOWING
PERSONS MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
OR DRUG CONTENT THEREIN: (A) A PHYSICIAN, A REGISTERED PROFESSIONAL
NURSE, A REGISTERED PHYSICIAN ASSISTANT, A CERTIFIED NURSE PRACTITIONER,
OR AN ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPART-
MENT OF HEALTH; OR (B) UNDER THE SUPERVISION AND AT THE DIRECTION OF A
PHYSICIAN, REGISTERED PHYSICIAN ASSISTANT OR CERTIFIED NURSE PRACTITION-
ER ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, OR UPON THE
EXPRESS CONSENT OF THE PERSON EIGHTEEN YEARS OF AGE OR OLDER FROM WHOM
SUCH BLOOD IS TO BE WITHDRAWN: A CLINICAL LABORATORY TECHNICIAN OR CLIN-
ICAL LABORATORY TECHNOLOGIST LICENSED PURSUANT TO ARTICLE ONE HUNDRED
SIXTY-FIVE OF THE EDUCATION LAW; A PHLEBOTOMIST; OR A MEDICAL LABORATORY
TECHNICIAN OR MEDICAL TECHNOLOGIST EMPLOYED BY A CLINICAL LABORATORY
APPROVED UNDER TITLE FIVE OF ARTICLE FIVE OF THE PUBLIC HEALTH LAW. THIS
LIMITATION SHALL NOT APPLY TO THE TAKING OF A URINE, SALIVA OR BREATH
SPECIMEN.
(II) NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH (I)
OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON, AND NO OTHER
EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
OMITTED IN THE COURSE OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE
OFFICER PURSUANT TO THIS SECTION.
(III) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM THE WITH-
DRAWAL OF BLOOD AS AFORESAID, FOR WHICH NO PERSONAL LIABILITY EXISTS
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH, MAY MAINTAIN SUCH ACTION
AGAINST THE STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
THIS PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY THE
STATE, OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE IF
SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
TICAL SUBDIVISION OF THE STATE. NO ACTION SHALL BE MAINTAINED PURSUANT
TO THIS SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR SERVED IN
COMPLIANCE WITH LAW.
(IV) NOTWITHSTANDING SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARA-
GRAPH, AN ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVI-
S. 7508--B 82 A. 9508--B
SION THEREOF AGAINST A PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON FOR
WHOSE ACT OR OMISSION THE STATE OR THE POLITICAL SUBDIVISION HAS BEEN
HELD LIABLE UNDER THIS PARAGRAPH TO RECOVER DAMAGES, NOT EXCEEDING THE
AMOUNT AWARDED TO THE CLAIMANT, THAT MAY HAVE BEEN SUSTAINED BY THE
STATE OR THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD
FAITH ON THE PART OF SUCH PERSON.
(V) THE TESTIMONY OF ANY PERSON OTHER THAN A PHYSICIAN, ENTITLED TO
WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN
RESPECT TO ANY SUCH WITHDRAWAL OF BLOOD MADE BY SUCH PERSON MAY BE
RECEIVED IN EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS IF SUCH
WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
(VI) THE PROVISIONS OF SUBPARAGRAPHS (II), (III) AND (IV) OF THIS
PARAGRAPH SHALL ALSO APPLY WITH REGARD TO ANY PERSON EMPLOYED BY A
HOSPITAL AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE
OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE OFFICER PURSUANT TO THIS
SECTION.
(B) RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED TO
CHOOSE A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE ONE
ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
(C) RULES AND REGULATIONS. THE DEPARTMENT OF HEALTH SHALL ISSUE AND
FILE RULES AND REGULATIONS APPROVING SATISFACTORY TECHNIQUES OR METHODS
OF CONDUCTING CHEMICAL ANALYSES OF A PERSON'S BLOOD, URINE, BREATH OR
SALIVA AND TO ASCERTAIN THE QUALIFICATIONS AND COMPETENCE OF INDIVIDUALS
TO CONDUCT AND SUPERVISE CHEMICAL ANALYSES OF A PERSON'S BLOOD, URINE,
BREATH OR SALIVA. IF THE ANALYSES WERE MADE BY AN INDIVIDUAL POSSESSING
A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH, THIS SHALL BE PRESUMPTIVE
EVIDENCE THAT THE EXAMINATION WAS PROPERLY GIVEN. THE PROVISIONS OF THIS
PARAGRAPH DO NOT PROHIBIT THE INTRODUCTION AS EVIDENCE OF AN ANALYSIS
MADE BY AN INDIVIDUAL OTHER THAN A PERSON POSSESSING A PERMIT ISSUED BY
THE DEPARTMENT OF HEALTH.
7. CHEMICAL TEST EVIDENCE. (A) ADMISSIBILITY. UPON THE TRIAL OF ANY
SUCH ACTION OR PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN
COMMITTED BY ANY PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF
SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE
AMOUNT OF ALCOHOL OR DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST
ADMINISTERED PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS
SECTION.
(B) PROBATIVE VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE
OF BLOOD-ALCOHOL CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON
ARRESTED FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION:
(I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS NOT
IMPAIRED BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN
AN INTOXICATED CONDITION;
(II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE, BUT SHALL NOT
BE GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH
PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS IMPAIRED BY THE
CONSUMPTION OF ALCOHOL; AND
(III) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
S. 7508--B 83 A. 9508--B
CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH
ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
8. WHERE APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL APPLY UPON
PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC, ANY OTHER
PARKING LOT, AND SIDEWALKS. FOR THE PURPOSES OF THIS SECTION "PARKING
LOT" SHALL MEAN ANY AREA OR AREAS OF PRIVATE PROPERTY, INCLUDING A
DRIVEWAY, NEAR OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES
AND USED AS A MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO
SUCH PREMISES AND HAVING A CAPACITY FOR THE PARKING OF FOUR OR MORE
MOTOR VEHICLES. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
AREA OR AREAS OF PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY ON
WHICH IS SITUATED A ONE OR TWO-FAMILY RESIDENCE.
9. ENFORCEMENT UPON CRASH. NOTWITHSTANDING ANY PROVISION OF THIS
SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS IN CONJUNCTION
WITH A CRASH INVOLVING AN OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST.
FOR THE PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING WITH
A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
§ 10. The vehicle and traffic law is amended by adding a new article
34-D to read as follows:
ARTICLE 34-D
OPERATION OF ELECTRIC SCOOTERS
SECTION 1280. EFFECT OF REGULATIONS.
1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
LOCAL LAWS.
1282. OPERATING ELECTRIC SCOOTERS.
1283. CLINGING TO VEHICLES.
1284. RIDING ON ROADWAYS, SHOULDERS, AND LANES RESERVED FOR
NON-MOTORIZED VEHICLES AND DEVICES.
1285. LAMPS AND OTHER EQUIPMENT.
1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC
SCOOTER WITHOUT REPORTING IN THE SECOND DEGREE.
1288. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC
SCOOTER WITHOUT REPORTING IN THE FIRST DEGREE.
1289. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE
OF ALCOHOL OR DRUGS.
§ 1280. EFFECT OF REGULATIONS. 1. THE PARENT OF ANY CHILD AND THE
GUARDIAN OF ANY WARD SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT ANY SUCH
CHILD OR WARD TO VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE.
2. THESE REGULATIONS APPLICABLE TO ELECTRIC SCOOTERS SHALL APPLY WHEN-
EVER AN ELECTRIC SCOOTER IS OPERATED UPON ANY HIGHWAY, UPON PRIVATE
ROADS OPEN TO PUBLIC MOTOR VEHICLE TRAFFIC AND UPON ANY PATH SET ASIDE
FOR THE EXCLUSIVE USE OF BICYCLES, IN-LINE SKATES, ELECTRIC SCOOTERS, OR
ALL.
§ 1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
LOCAL LAWS. 1. EVERY PERSON RIDING AN ELECTRIC SCOOTER UPON A ROADWAY
SHALL BE GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL OF THE
DUTIES APPLICABLE TO THE DRIVER OF A VEHICLE AND THE RIDER OF A BICYCLE
BY THIS TITLE, EXCEPT AS TO SPECIAL REGULATIONS IN THIS ARTICLE AND
EXCEPT AS TO THOSE PROVISIONS OF THIS TITLE WHICH BY THEIR NATURE CAN
HAVE NO APPLICATION.
2. (A) EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
SION, THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW
OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE AND MANNER OF THE OPERA-
TION OF ELECTRIC SCOOTERS, INCLUDING, BUT NOT LIMITED TO, MAXIMUM SPEED,
S. 7508--B 84 A. 9508--B
REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND THE WEARING OF READILY
VISIBLE REFLECTIVE CLOTHING OR MATERIAL BY OPERATORS OF ELECTRIC SCOOT-
ERS, AND MAY LIMIT, PROHIBIT THE USE THEREOF IN SPECIFIED AREAS, OR
PROHIBIT ENTIRELY THE USE OF ELECTRIC SCOOTERS WITHIN SUCH CITY, TOWN,
OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE IS VISIBLY POSTED OUTSIDE THE
BOUNDARIES OF SUCH PROHIBITED AREAS.
(B) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE IN THE COUNTIES OF
NASSAU OR SUFFOLK MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE
TIME, PLACE AND MANNER OF THE OPERATION OF ELECTRIC SCOOTERS, INCLUDING,
BUT NOT LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEAD-
GEAR, AND THE WEARING OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL
BY OPERATORS OF ELECTRIC SCOOTERS ONLY AFTER ADOPTION OF A LOCAL LAW OR
ORDINANCE BY THE GOVERNING BODY OF THE COUNTY IN WHICH THE CITY, TOWN OR
VILLAGE IS LOCATED. PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARA-
GRAPH SHALL NOT APPLY TO THE ADOPTION OF A LOCAL LAW OR ORDINANCE BY A
CITY, TOWN OR VILLAGE IN THE COUNTIES OF NASSAU OR SUFFOLK PURSUANT TO
THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO PROHIBIT THE USE
OF ELECTRIC SCOOTERS IN SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF
ELECTRIC SCOOTERS WITHIN SUCH CITY, TOWN OR VILLAGE, PROVIDED THAT
ADEQUATE SIGNAGE IS VISIBLY POSTED OUTSIDE THE BOUNDARIES OF SUCH
PROHIBITED AREAS.
(C) THE GOVERNING BODY OF ANY TOWN OR VILLAGE IN THE COUNTY OF WEST-
CHESTER MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE
AND MANNER OF THE OPERATION OF ELECTRIC SCOOTERS, INCLUDING, BUT NOT
LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND
THE WEARING OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL BY OPERA-
TORS OF ELECTRIC SCOOTERS ONLY AFTER ADOPTION OF A LOCAL LAW OR ORDI-
NANCE BY THE GOVERNING BODY OF WESTCHESTER COUNTY. PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE ADOPTION OF
A LOCAL LAW OR ORDINANCE BY A TOWN OR VILLAGE IN THE COUNTY OF WESTCHES-
TER PURSUANT TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO
PROHIBIT THE USE OF ELECTRIC SCOOTERS IN SPECIFIED AREAS, OR PROHIBIT
ENTIRELY THE USE OF ELECTRIC SCOOTERS WITHIN SUCH TOWN OR VILLAGE,
PROVIDED THAT ADEQUATE SIGNAGE IS VISIBLY POSTED OUTSIDE THE BOUNDARIES
OF SUCH PROHIBITED AREAS.
3. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS SUCH OPERATION
IS IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, AND ANY REGULATION
OR ORDER OR LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS ARTICLE.
§ 1282. OPERATING ELECTRIC SCOOTERS. 1. NO ELECTRIC SCOOTER SHALL BE
USED TO CARRY MORE THAN ONE PERSON AT ONE TIME. NO PERSON OPERATING AN
ELECTRIC SCOOTER SHALL CARRY ANY PERSON AS A PASSENGER IN A PACK
FASTENED TO THE OPERATOR OR FASTENED TO THE ELECTRIC SCOOTER. THE FAIL-
URE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF RISK, AND
SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR PERSONAL
INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN ANY WAY
DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
2. NO PERSON OPERATING AN ELECTRIC SCOOTER SHALL CARRY ANY PACKAGE,
BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST ONE
HAND UPON THE HANDLE BARS OR WHICH OBSTRUCTS HIS OR HER VISION IN ANY
DIRECTION.
3. EVERY PERSON OPERATING AN ELECTRIC SCOOTER SHALL YIELD THE RIGHT OF
WAY TO PEDESTRIANS.
4. NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE OR RIDE AS A
PASSENGER UPON AN ELECTRIC SCOOTER, AND NO PERSON SIXTEEN YEARS OF AGE
S. 7508--B 85 A. 9508--B
OR OLDER SHALL ALLOW ANY PERSON LESS THAN SIXTEEN YEARS OF AGE TO OPER-
ATE OR RIDE AS A PASSENGER UPON SUCH SCOOTER.
5. EXCEPT AS MAY BE OTHERWISE PROVIDED BY LOCAL LAW, ORDINANCE,
ORDER, RULE OR REGULATION ENACTED OR PROMULGATED PURSUANT TO THIS ARTI-
CLE, AN ELECTRIC SCOOTER MAY ONLY BE OPERATED ON HIGHWAYS WITH A POSTED
SPEED LIMIT OF THIRTY MILES PER HOUR OR LESS, INCLUDING NON-INTERSTATE
PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC, AND DESIG-
NATED BICYCLE OR IN-LINE SKATE LANES.
6. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER IN EXCESS OF FIFTEEN
MILES PER HOUR.
7. (A) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ON A SIDEWALK,
EXCEPT AS MAY BE AUTHORIZED BY A LOCAL LAW OR ORDINANCE ADOPTED BY A
CITY, TOWN OR VILLAGE HAVING JURISDICTION OVER SUCH SIDEWALK INCLUDING
PARKING ON CERTAIN SIDEWALKS WITHIN SUCH CITY, TOWN OR VILLAGE IN
COMPLIANCE WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, AS
AMENDED (PUBLIC LAW 101-336).
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, AN ELECTRIC SCOOTER OWNED BY A NATURAL PERSON WHERE THE OWNER IS
ENGAGED IN PERSONAL USE MAY PARK ON A SIDEWALK WHETHER ATTENDED OR UNAT-
TENDED, PROVIDED HOWEVER THAT NO PERSON SHALL PARK AN ELECTRIC SCOOTER
PURSUANT TO THIS PARAGRAPH IN A MANNER THAT INTERFERES WITH THE FREE
PASSAGE OF PEDESTRIANS ON A SIDEWALK. A CITY, TOWN OR VILLAGE HAVING
JURISDICTION OVER SUCH SIDEWALK SHALL PROVIDE A METHOD BY WHICH AN ELEC-
TRIC SCOOTER OWNED BY A NATURAL PERSON MAY BE IDENTIFIED AS SUCH.
8. (A) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ON ANY PUBLIC LANDS
OR PROPERTY, OTHER THAN A HIGHWAY EXCLUSIVE OF ANY GREENWAY RUNNING
ADJACENT TO OR CONNECTED WITH A HIGHWAY, EXCEPT THAT AN ELECTRIC SCOOTER
MAY BE OPERATED ON ANY SUCH LANDS THAT HAVE BEEN DESIGNATED AND POSTED
FOR TRAVEL BY ELECTRIC SCOOTERS IN ACCORDANCE WITH THE PROVISIONS OF
PARAGRAPH (B) OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SUBDIVISION,
THE TERM "GREENWAY" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SUBDIVISION SEVEN OF SECTION 44-0103 OF THE ENVIRONMENTAL CONSERVA-
TION LAW AND SUBDIVISION ONE OF SECTION 39.03 OF THE PARKS, RECREATION
AND HISTORIC PRESERVATION LAW.
(B) A STATE AGENCY, BY REGULATION OR ORDER, AND A CITY, TOWN OR
VILLAGE, BY LOCAL LAW OR ORDINANCE, MAY DESIGNATE ANY APPROPRIATE PUBLIC
LANDS AND PROPERTIES UNDER ITS JURISDICTION, OTHER THAN HIGHWAYS EXCLU-
SIVE OF ANY GREENWAY RUNNING ADJACENT TO OR CONNECTED WITH A HIGHWAY, AS
A PLACE OPEN FOR TRAVEL BY ELECTRIC SCOOTERS UPON WRITTEN REQUEST FOR
SUCH DESIGNATION BY ANY PERSON, AND MAY IMPOSE RESTRICTIONS AND CONDI-
TIONS FOR THE REGULATION AND SAFE OPERATION OF ELECTRIC SCOOTERS ON SUCH
PUBLIC LANDS OR PROPERTY, SUCH AS TRAVEL ON DESIGNATED TRAILS AND HOURS
OF OPERATION.
9. (A) NO PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN THE
BUSINESS OF SELLING OR LEASING ELECTRIC SCOOTERS SHALL SELL OR LEASE ANY
ELECTRIC SCOOTER ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY-TWO UNLESS
SUCH ELECTRIC SCOOTER HAS PERMANENTLY AFFIXED THERETO, IN A PROMINENT
LOCATION, A MANUFACTURER'S LABEL WHICH SHALL INCLUDE THE FOLLOWING
INFORMATION: THE MAXIMUM MOTOR-ASSISTED SPEED, THE NUMBER OF PERSONS FOR
WHICH SUCH ELECTRIC SCOOTER IS DESIGNED AND EQUIPPED, AND MOTOR WATTAGE
OF SUCH ELECTRIC SCOOTER. MANUFACTURERS AND DISTRIBUTORS OF ELECTRIC
SCOOTERS SHALL, BY APRIL FIRST, TWO THOUSAND TWENTY-TWO, ESTABLISH A
PROCESS BY WHICH AN OWNER OF AN ELECTRIC SCOOTER MAY REQUEST AND OBTAIN
A MANUFACTURER'S LABEL PROVIDING THE MAXIMUM MOTOR-ASSISTED SPEED, THE
NUMBER OF PERSONS FOR WHICH SUCH ELECTRIC SCOOTER IS DESIGNED AND
EQUIPPED, AND MOTOR WATTAGE APPLICABLE TO HIS OR HER ELECTRIC SCOOTER
S. 7508--B 86 A. 9508--B
PURCHASED PRIOR TO JUNE FIRST, TWO THOUSAND TWENTY-TWO AND INSTALLATION
INSTRUCTIONS FROM SUCH MANUFACTURERS AND DISTRIBUTORS.
(B) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ON ANY PUBLIC HIGHWAY
OR STREET IN THIS STATE AFTER JUNE FIRST, TWO THOUSAND TWENTY-TWO UNLESS
SUCH ELECTRIC SCOOTER HAS PERMANENTLY AFFIXED THERETO, IN A PROMINENT
LOCATION, A MANUFACTURER'S LABEL PROVIDING THE MAXIMUM MOTOR-ASSISTED
SPEED, THE NUMBER OF PERSONS FOR WHICH SUCH ELECTRIC SCOOTER IS DESIGNED
AND EQUIPPED, AND MOTOR WATTAGE OF SUCH ELECTRIC SCOOTER. ANY PERSON WHO
VIOLATES THE PROVISIONS OF THIS PARAGRAPH SHALL BE PUNISHED BY A CIVIL
FINE OF UP TO FIFTY DOLLARS. THE COURT SHALL WAIVE ANY FINE FOR WHICH A
PERSON WHO VIOLATES THE PROVISIONS OF THIS PARAGRAPH WOULD BE LIABLE IF
SUCH PERSON SUPPLIES THE COURT WITH PROOF THAT, BETWEEN THE DATE ON
WHICH HE OR SHE IS CHARGED WITH HAVING VIOLATED THIS PARAGRAPH AND THE
APPEARANCE DATE FOR SUCH VIOLATION, A MANUFACTURER'S LABEL WAS AFFIXED
TO HIS OR HER ELECTRIC SCOOTER AS REQUIRED BY THIS PARAGRAPH. PROVIDED,
HOWEVER, THAT SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSE-
QUENT CONVICTION UNDER THIS PARAGRAPH.
10. (A) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL
LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHORIZE AND REGULATE SHARED
ELECTRIC SCOOTER SYSTEMS WITHIN SUCH CITY, TOWN OR VILLAGE. NO SUCH
SHARED SYSTEMS SHALL OPERATE WITHIN A CITY, TOWN OR VILLAGE EXCEPT AS
AUTHORIZED BY SUCH LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION. NO
SUCH SHARED ELECTRIC SCOOTER SYSTEM SHALL OPERATE ON PUBLIC HIGHWAYS IN
A COUNTY WITH A POPULATION OF NO LESS THAN ONE MILLION FIVE HUNDRED
EIGHTY-FIVE THOUSAND AND NO MORE THAN ONE MILLION FIVE HUNDRED EIGHTY-
SEVEN THOUSAND AS OF THE TWO THOUSAND TEN DECENNIAL CENSUS. FOR THE
PURPOSES OF THIS SUBDIVISION, THE TERM SHARED ELECTRIC SCOOTER SYSTEM
SHALL MEAN A NETWORK OF SELF-SERVICE AND PUBLICLY AVAILABLE ELECTRIC
SCOOTERS, AND RELATED INFRASTRUCTURE, IN WHICH AN ELECTRIC SCOOTER TRIP
BEGINS AND/OR ENDS ON ANY PUBLIC HIGHWAY.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL
TRIP DATA, PERSONAL INFORMATION, IMAGES, VIDEOS, AND OTHER RECORDED
IMAGES COLLECTED BY ANY SHARED ELECTRIC SCOOTER SYSTEM WHICH IS AUTHOR-
IZED TO OPERATE WITHIN A CITY, TOWN OR VILLAGE PURSUANT TO THIS SECTION:
(I) SHALL BE FOR THE EXCLUSIVE USE OF SUCH SHARED ELECTRIC SCOOTER
SYSTEM AND SHALL NOT BE SOLD, DISTRIBUTED OR OTHERWISE MADE AVAILABLE
FOR ANY COMMERCIAL PURPOSE AND (II) SHALL NOT BE DISCLOSED OR OTHERWISE
MADE ACCESSIBLE EXCEPT: (1) TO THE PERSON WHO IS THE SUBJECT OF SUCH
DATA, INFORMATION OR RECORD; OR (2) IF NECESSARY TO COMPLY WITH A LAWFUL
COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR INDIVID-
UAL DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMI-
NAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEV-
ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM.
FOR THE PURPOSES OF THIS SUBDIVISION, "PERSONAL INFORMATION" SHALL
MEAN INFORMATION THAT IDENTIFIES AN INDIVIDUAL, INCLUDING BUT NOT LIMIT-
ED TO NAME, ADDRESS, TELEPHONE NUMBER, AND THE TYPE AND FORM OF PAYMENT
INCLUDING CREDIT CARD NUMBER, DEBIT CARD NUMBER, OR OTHER PAYMENT METH-
OD.
11. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE, TWO, THREE,
FOUR, SIX, OR SEVEN OF THIS SECTION SHALL RESULT IN A CIVIL FINE NOT TO
EXCEED FIFTY DOLLARS.
12. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS OF AGE TO THE PARENT OR
S. 7508--B 87 A. 9508--B
GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE
PRESENCE OF SUCH PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR
GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH SUMMONS SHALL ONLY BE
ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON
LESS THAN SIXTEEN YEARS OF AGE.
§ 1283. CLINGING TO VEHICLES. 1. NO PERSON OPERATING AN ELECTRIC
SCOOTER SHALL ATTACH SUCH SCOOTER, OR HIMSELF OR HERSELF, TO ANY VEHICLE
BEING OPERATED UPON A ROADWAY.
2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
ELECTRIC SCOOTER, OR HIMSELF OR HERSELF, TO SUCH OPERATOR'S VEHICLE IN
VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
§ 1284. RIDING ON ROADWAYS, SHOULDERS, AND LANES RESERVED FOR NON-MO-
TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY ELECTRIC SCOOTER
SHALL BE OPERATED EITHER ON A USABLE BICYCLE OR IN-LINE SKATE LANE OR,
IF A USABLE BICYCLE OR IN-LINE SKATE LANE HAS NOT BEEN PROVIDED, NEAR
THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY OR UPON A USABLE RIGHT-HAND
SHOULDER IN SUCH A MANNER AS TO PREVENT UNDUE INTERFERENCE WITH THE FLOW
OF TRAFFIC EXCEPT WHEN PREPARING FOR A LEFT TURN OR WHEN REASONABLY
NECESSARY TO AVOID CONDITIONS THAT WOULD MAKE IT UNSAFE TO CONTINUE
ALONG NEAR THE RIGHT-HAND CURB OR EDGE. CONDITIONS TO BE TAKEN INTO
CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO, FIXED OR MOVING OBJECTS,
VEHICLES, BICYCLES, IN-LINE SKATES, PEDESTRIANS, ANIMALS, SURFACE
HAZARDS OR TRAFFIC LANES TOO NARROW FOR A PERSON OPERATING AN ELECTRIC
SCOOTER AND A VEHICLE TO TRAVEL SAFELY SIDE-BY-SIDE WITHIN THE LANE.
2. PERSONS OPERATING ELECTRIC SCOOTERS UPON A ROADWAY SHALL RIDE
SINGLE FILE. PERSONS OPERATING ELECTRIC SCOOTERS UPON A SHOULDER, BICY-
CLE OR IN-LINE SKATE LANE, OR BICYCLE OR IN-LINE SKATE PATH INTENDED FOR
THE USE OF BICYCLES, IN-LINE SKATES OR ELECTRIC SCOOTERS MAY RIDE TWO OR
MORE ABREAST IF SUFFICIENT SPACE IS AVAILABLE, EXCEPT THAT WHEN PASSING
A VEHICLE, BICYCLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, PERSON
ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH SHOUL-
DER, LANE OR PATH, PERSONS OPERATING ELECTRIC SCOOTERS SHALL OPERATE
SUCH SCOOTERS SINGLE FILE.
3. ANY PERSON OPERATING AN ELECTRIC SCOOTER WHO IS ENTERING A ROADWAY
FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB SHALL COME TO A FULL
STOP BEFORE ENTERING THE ROADWAY.
§ 1285. LAMPS AND OTHER EQUIPMENT. 1. EVERY ELECTRIC SCOOTER WHEN IN
USE DURING THE PERIOD FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR
BEFORE SUNRISE SHALL BE EQUIPPED WITH A LAMP ON THE FRONT WHICH SHALL
EMIT A WHITE LIGHT VISIBLE DURING HOURS OF DARKNESS FROM A DISTANCE OF
AT LEAST FIVE HUNDRED FEET TO THE FRONT AND WITH A RED LIGHT VISIBLE TO
THE REAR FOR THREE HUNDRED FEET. AT LEAST ONE SUCH LIGHT SHALL BE VISI-
BLE FOR TWO HUNDRED FEET FROM EACH SIDE.
2. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS SUCH SCOOTER IS
EQUIPPED WITH A BELL OR OTHER DEVICE CAPABLE OF GIVING A SIGNAL AUDIBLE
FOR A DISTANCE OF AT LEAST ONE HUNDRED FEET, EXCEPT THAT AN ELECTRIC
SCOOTER SHALL NOT BE EQUIPPED WITH NOR SHALL ANY PERSON USE UPON AN
ELECTRIC SCOOTER ANY SIREN OR WHISTLE.
3. EVERY ELECTRIC SCOOTER SHALL BE EQUIPPED WITH A BRAKE THAT ENABLES
THE OPERATOR TO BRING THE ELECTRIC SCOOTER TO A CONTROLLED STOP.
§ 1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO PERSON SIXTEEN
OR SEVENTEEN YEARS OF AGE SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE
AN ELECTRIC SCOOTER UNLESS SUCH PERSON IS WEARING A HELMET MEETING STAN-
DARDS ESTABLISHED BY THE COMMISSIONER PURSUANT TO THE PROVISIONS OF
SUBDIVISION TWO-A OF SECTION TWELVE HUNDRED THIRTY-EIGHT OF THIS TITLE.
AS USED IN THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
S. 7508--B 88 A. 9508--B
FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
STRAPS SECURELY FASTENED.
2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
3. THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE LIABLE IF SUCH
PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
AND THE APPEARANCE DATE FOR SUCH VIOLATION SUCH PERSON PURCHASED OR
RENTED A HELMET, WHICH MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
SECTION, OR IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP
SUCH PERSON WAS UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC
HARDSHIP SUCH PERSON WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE
IN-LINE SKATE AND BICYCLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN
SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW OR A LOCAL DISTRIBUTION
PROGRAM. SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT
VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
4. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF
RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
§ 1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
WITHOUT REPORTING IN THE SECOND DEGREE. 1. ANY PERSON AGE EIGHTEEN YEARS
OR OLDER OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO
KNOW, THAT PHYSICAL INJURY, AS DEFINED IN SUBDIVISION NINE OF SECTION
10.00 OF THE PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE
OPERATION OF SUCH ELECTRIC SCOOTER BY SUCH PERSON, SHALL, BEFORE LEAVING
THE PLACE WHERE SUCH PHYSICAL INJURY OCCURRED, STOP, AND PROVIDE HIS OR
HER NAME AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO THE
INJURED PARTY, IF PRACTICAL, AND ALSO TO A POLICE OFFICER, OR IN THE
EVENT THAT NO POLICE OFFICER IS IN THE VICINITY OF THE PLACE OF SAID
INJURY, THEN SUCH PERSON SHALL REPORT SUCH INCIDENT AS SOON AS PHYS-
ICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFICER.
2. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
WITHOUT REPORTING IN THE SECOND DEGREE IS A VIOLATION.
§ 1288. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
WITHOUT REPORTING IN THE FIRST DEGREE. 1. ANY PERSON AGE EIGHTEEN YEARS
OR OLDER OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO
KNOW, THAT SERIOUS PHYSICAL INJURY, AS DEFINED IN SUBDIVISION TEN OF
SECTION 10.00 OF THE PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE
TO THE OPERATION OF SUCH ELECTRIC SCOOTER BY SUCH PERSON, SHALL, BEFORE
LEAVING THE PLACE WHERE SUCH SERIOUS PHYSICAL INJURY OCCURRED, STOP, AND
PROVIDE HIS OR HER NAME AND RESIDENCE, INCLUDING STREET AND STREET
NUMBER, TO THE INJURED PARTY, IF PRACTICAL, AND ALSO TO A POLICE OFFI-
CER, OR IN THE EVENT THAT NO POLICE OFFICER IS IN THE VICINITY OF THE
PLACE OF SAID INJURY, THEN SUCH PERSON SHALL REPORT SAID INCIDENT AS
SOON AS PHYSICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFI-
CER.
2. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
WITHOUT REPORTING IN THE FIRST DEGREE IS A CLASS B MISDEMEANOR.
§ 1289. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) OPERATING AN
ELECTRIC SCOOTER WHILE ABILITY IMPAIRED. NO PERSON SHALL OPERATE AN
ELECTRIC SCOOTER WHILE THE PERSON'S ABILITY TO OPERATE SUCH ELECTRIC
SCOOTER IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
S. 7508--B 89 A. 9508--B
(I) A VIOLATION OF THIS PARAGRAPH SHALL BE A TRAFFIC INFRACTION AND
SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN THREE HUNDRED DOLLARS, OR
BY IMPRISONMENT IN A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN
FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
(II) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
PARAGRAPH AFTER HAVING BEEN CONVICTED OF A VIOLATION OF ANY PARAGRAPH OF
THIS SUBDIVISION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY A
FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS, OR BY IMPRISONMENT OF
NOT MORE THAN THIRTY DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH
SUCH FINE AND IMPRISONMENT.
(III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
PARAGRAPH AFTER BEING CONVICTED TWO OR MORE TIMES OF A VIOLATION OF ANY
PARAGRAPH OF THIS SUBDIVISION WITHIN THE PRECEDING TEN YEARS SHALL BE
GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN ONE
HUNDRED EIGHTY DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH
FINE AND IMPRISONMENT.
(B) OPERATING AN ELECTRIC SCOOTER WHILE INTOXICATED; PER SE. NO
PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE SUCH PERSON HAS .08 OF
ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD AS
SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR
SALIVA, MADE PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS
SECTION.
(C) OPERATING AN ELECTRIC SCOOTER WHILE INTOXICATED. NO PERSON SHALL
OPERATE AN ELECTRIC SCOOTER WHILE IN AN INTOXICATED CONDITION.
(D) OPERATING AN ELECTRIC SCOOTER WHILE ABILITY IMPAIRED BY DRUGS. NO
PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE THE PERSON'S ABILITY TO
OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE USE OF A DRUG AS
DEFINED IN THIS CHAPTER.
(E) OPERATING AN ELECTRIC SCOOTER WHILE ABILITY IMPAIRED BY THE
COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS. NO
PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE THE PERSON'S ABILITY TO
OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE COMBINED INFLUENCE OF
DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS.
(F) PENALTY. (I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
SUBDIVISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF
NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY
OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND
IMPRISONMENT.
(II) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN
CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
SUBDIVISION WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF A CLASS E
FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
BY BOTH SUCH FINE AND IMPRISONMENT.
(III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN
CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
SUBDIVISION TWO OR MORE TIMES WITHIN THE PRECEDING TEN YEARS SHALL BE
GUILTY OF A CLASS E FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT MORE
THAN FOUR THOUSAND DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN
THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
2. CERTAIN SENTENCES PROHIBITED. NOTWITHSTANDING ANY PROVISIONS OF THE
PENAL LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDI-
S. 7508--B 90 A. 9508--B
TIONAL DISCHARGE FOR A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF
SUBDIVISION ONE OF THIS SECTION.
3. SENTENCING: PREVIOUS CONVICTIONS. WHEN SENTENCING A PERSON FOR A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE
PERSON MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
TO SUBPARAGRAPH (III) OF PARAGRAPH (F) OF SUBDIVISION ONE OF THIS
SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL
CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF
ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS TITLE WITHIN THE PRECEDING TEN YEARS.
4. ARREST AND FIELD TESTING. (A) ARREST. NOTWITHSTANDING THE
PROVISIONS OF SECTION 140.10 OF THE CRIMINAL PROCEDURE LAW, A POLICE
OFFICER MAY, WITHOUT A WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION
OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION
IS COUPLED WITH AN ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS
INVOLVED, WHICH IN FACT HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE
OFFICER'S PRESENCE, WHEN THE OFFICER HAS REASONABLE CAUSE TO BELIEVE
THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON. FOR THE PURPOSES OF
THIS SUBDIVISION, POLICE OFFICER SHALL ALSO INCLUDE A PEACE OFFICER
AUTHORIZED TO ENFORCE THIS CHAPTER WHEN THE ALLEGED VIOLATION CONSTI-
TUTES A CRIME.
(B) FIELD TESTING. EVERY PERSON OPERATING AN ELECTRIC SCOOTER WHICH
HAS BEEN INVOLVED IN AN ACCIDENT SHALL, AT THE REQUEST OF A POLICE OFFI-
CER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE POLICE OFFICER.
IF SUCH TEST INDICATES THAT SUCH OPERATOR HAS CONSUMED ALCOHOL, THE
POLICE OFFICER MAY REQUEST SUCH OPERATOR TO SUBMIT TO A CHEMICAL TEST IN
THE MANNER SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
5. CHEMICAL TESTS; WHEN AUTHORIZED. A POLICE OFFICER MAY REQUEST ANY
PERSON WHO OPERATES AN ELECTRIC SCOOTER IN THIS STATE TO CONSENT TO A
CHEMICAL TEST OF ONE OR MORE OF THE FOLLOWING: BREATH, BLOOD, URINE, OR
SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT
OF SUCH PERSON'S BLOOD, PROVIDED THAT SUCH TEST IS ADMINISTERED AT THE
DIRECTION OF A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST OF BREATH,
URINE OR SALIVA OR, WITH RESPECT TO A CHEMICAL TEST OF BLOOD, AT THE
DIRECTION OF A POLICE OFFICER: (A) HAVING REASONABLE GROUNDS TO BELIEVE
SUCH PERSON TO HAVE BEEN OPERATING IN VIOLATION OF PARAGRAPH (A), (B),
(C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS
AFTER SUCH PERSON HAS BEEN PLACED UNDER ARREST FOR ANY SUCH VIOLATION;
OR (B) WITHIN TWO HOURS AFTER A BREATH TEST, AS PROVIDED IN PARAGRAPH
(B) OF SUBDIVISION FOUR OF THIS SECTION, INDICATES THAT ALCOHOL HAS BEEN
CONSUMED BY SUCH PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS
ESTABLISHED BY THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
S. 7508--B 91 A. 9508--B
6. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
NITY; TESTIMONY. (I) AT THE REQUEST OF A POLICE OFFICER, THE FOLLOWING
PERSONS MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
OR DRUG CONTENT THEREIN: (A) A PHYSICIAN, A REGISTERED PROFESSIONAL
NURSE, A REGISTERED PHYSICIAN ASSISTANT, A CERTIFIED NURSE PRACTITIONER,
OR AN ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPART-
MENT OF HEALTH; OR (B) UNDER THE SUPERVISION AND AT THE DIRECTION OF A
PHYSICIAN, REGISTERED PHYSICIAN ASSISTANT OR CERTIFIED NURSE PRACTITION-
ER ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, OR UPON THE
EXPRESS CONSENT OF THE PERSON EIGHTEEN YEARS OF AGE OR OLDER FROM WHOM
SUCH BLOOD IS TO BE WITHDRAWN: A CLINICAL LABORATORY TECHNICIAN OR CLIN-
ICAL LABORATORY TECHNOLOGIST LICENSED PURSUANT TO ARTICLE ONE HUNDRED
SIXTY-FIVE OF THE EDUCATION LAW; A PHLEBOTOMIST; OR A MEDICAL LABORATORY
TECHNICIAN OR MEDICAL TECHNOLOGIST EMPLOYED BY A CLINICAL LABORATORY
APPROVED UNDER TITLE FIVE OF ARTICLE FIVE OF THE PUBLIC HEALTH LAW. THIS
LIMITATION SHALL NOT APPLY TO THE TAKING OF A URINE, SALIVA OR BREATH
SPECIMEN.
(II) NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON, AND NO OTHER
EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
OMITTED IN THE COURSE OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE
OFFICER PURSUANT TO THIS SECTION.
(III) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM THE WITH-
DRAWAL OF BLOOD AS AFORESAID, FOR WHICH NO PERSONAL LIABILITY EXISTS
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH, MAY MAINTAIN SUCH ACTION
AGAINST THE STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
THIS PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY THE
STATE, OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE IF
SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
TICAL SUBDIVISION OF THE STATE. NO ACTION SHALL BE MAINTAINED PURSUANT
TO THIS SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR SERVED IN
COMPLIANCE WITH LAW.
(IV) NOTWITHSTANDING SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARA-
GRAPH AN ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVI-
SION THEREOF AGAINST A PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON FOR
WHOSE ACT OR OMISSION THE STATE OR THE POLITICAL SUBDIVISION HAS BEEN
HELD LIABLE UNDER THIS PARAGRAPH TO RECOVER DAMAGES, NOT EXCEEDING THE
AMOUNT AWARDED TO THE CLAIMANT, THAT MAY HAVE BEEN SUSTAINED BY THE
STATE OR THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD
FAITH ON THE PART OF SUCH PERSON.
(V) THE TESTIMONY OF ANY PERSON OTHER THAN A PHYSICIAN, ENTITLED TO
WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN
RESPECT TO ANY SUCH WITHDRAWAL OF BLOOD MADE BY SUCH PERSON MAY BE
RECEIVED IN EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS IF SUCH
WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
(VI) THE PROVISIONS OF SUBPARAGRAPHS (II), (III) AND (IV) OF THIS
PARAGRAPH SHALL ALSO APPLY WITH REGARD TO ANY PERSON EMPLOYED BY A
HOSPITAL AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE
OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE OFFICER PURSUANT TO THIS
SECTION.
(B) RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED TO
CHOOSE A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE ONE
ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
(C) RULES AND REGULATIONS. THE DEPARTMENT OF HEALTH SHALL ISSUE AND
FILE RULES AND REGULATIONS APPROVING SATISFACTORY TECHNIQUES OR METHODS
S. 7508--B 92 A. 9508--B
OF CONDUCTING CHEMICAL ANALYSES OF A PERSON'S BLOOD, URINE, BREATH OR
SALIVA AND TO ASCERTAIN THE QUALIFICATIONS AND COMPETENCE OF INDIVIDUALS
TO CONDUCT AND SUPERVISE CHEMICAL ANALYSES OF A PERSON'S BLOOD, URINE,
BREATH OR SALIVA. IF THE ANALYSES WERE MADE BY AN INDIVIDUAL POSSESSING
A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH, THIS SHALL BE PRESUMPTIVE
EVIDENCE THAT THE EXAMINATION WAS PROPERLY GIVEN. THE PROVISIONS OF THIS
PARAGRAPH DO NOT PROHIBIT THE INTRODUCTION AS EVIDENCE OF AN ANALYSIS
MADE BY AN INDIVIDUAL OTHER THAN A PERSON POSSESSING A PERMIT ISSUED BY
THE DEPARTMENT OF HEALTH.
7. CHEMICAL TEST EVIDENCE. (A) ADMISSIBILITY. UPON THE TRIAL OF ANY
SUCH ACTION OR PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN
COMMITTED BY ANY PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF
SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE
AMOUNT OF ALCOHOL OR DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST
ADMINISTERED PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS
SECTION.
(B) PROBATIVE VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE
OF BLOOD-ALCOHOL CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON
ARRESTED FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION:
(I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER WAS NOT IMPAIRED
BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOX-
ICATED CONDITION;
(II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE, BUT SHALL NOT
BE GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH
PERSON TO OPERATE AN ELECTRIC SCOOTER WAS IMPAIRED BY THE CONSUMPTION OF
ALCOHOL; AND
(III) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER
WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
8. WHERE APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL APPLY UPON
PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC, ANY OTHER
PARKING LOT, AND SIDEWALKS. FOR THE PURPOSES OF THIS SECTION "PARKING
LOT" SHALL MEAN ANY AREA OR AREAS OF PRIVATE PROPERTY, INCLUDING A
DRIVEWAY, NEAR OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES
AND USED AS A MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO
SUCH PREMISES AND HAVING A CAPACITY FOR THE PARKING OF FOUR OR MORE
MOTOR VEHICLES. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
AREA OR AREAS OF PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY ON
WHICH IS SITUATED A ONE OR TWO FAMILY RESIDENCE.
9. ENFORCEMENT UPON CRASH. NOTWITHSTANDING ANY PROVISION OF THIS
SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS IN CONJUNCTION
WITH A CRASH INVOLVING AN OPERATOR OF AN ELECTRIC SCOOTER. FOR THE
PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING WITH A VEHI-
CLE, PERSON, BUILDING OR OTHER OBJECT.
§ 11. This act shall take effect immediately; provided, however, that
section ten of this act shall take effect on the one hundred twentieth
day after it shall have become a law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
S. 7508--B 93 A. 9508--B
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
PART YY
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part A of chapter 58 of the laws of 2017, is amended to read as follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2020] 2022; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2020] 2022.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part A of chapter 58 of the laws of
2015, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2020] 2022.
§ 3. This act shall take effect immediately.
PART ZZ
Section 1. Section 399-l of the vehicle and traffic law, as amended by
section 1 of part UU of chapter 59 of the laws of 2018, is amended to
read as follows:
§ 399-l. Application. Applicants for participation in the pilot
program established pursuant to this article shall be among those acci-
dent prevention course sponsoring agencies that have a course approved
by the commissioner pursuant to article twelve-B of this title [prior to
the effective date of this article] and which deliver such course to the
public. Provided, [however,] the commissioner [may] SHALL, in his or her
discretion, approve ADDITIONAL applications after [such] THE EFFECTIVE
date OF THIS ARTICLE. In order to be approved for participation in such
pilot program, the course must comply with the provisions of law, rules
and regulations applicable thereto. The commissioner may, in his or her
discretion, impose a fee for the submission of each application to
participate in the pilot program established pursuant to this article.
Such fee shall not exceed seven thousand five hundred dollars.
§ 2. Section 399-q of the vehicle and traffic law, as added by chapter
368 of the laws of 2019, is amended to read as follows:
§ 399-q. Application. An applicant for participation in the pilot
program established pursuant to this article shall be an approved spon-
sor of an internet accident prevention course, pursuant to article
twelve-C of this title, prior to the effective date of this article and
which delivers such courses to the public. PROVIDED, THE COMMISSIONER
SHALL, IN HIS OR HER DISCRETION, APPROVE ADDITIONAL APPLICATIONS AFTER
SUCH DATE. In order to be approved for participation in such pilot
program, the course must comply with provisions of law, rules and regu-
lations applicable thereto. The commissioner may, in his or her
S. 7508--B 94 A. 9508--B
discretion, impose a fee for the submission of each application to
participate in the pilot program established pursuant to this article.
Such fee shall not exceed seven thousand five hundred dollars which
shall, excluding administrative expenses of the department, be deposited
in the dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law.
§ 3. Section 399-s of the vehicle and traffic law, as added by chap-
ter 368 of the laws of 2019, is amended to read as follows:
§ 399-s. Pilot program scope and duration. The commissioner shall
conduct a pilot program designed to evaluate utilizing the internet for
delivering an approved pre-licensing course required by subparagraph (i)
of paragraph (a) of subdivision four of section five hundred two of this
chapter, by permitting qualified applicants to participate in the pilot
program from June thirtieth, two thousand twenty to June thirtieth, two
thousand twenty-five. PROVIDED THAT APPLICANTS FOR CLASS DJ AND CLASS MJ
LICENSES SHALL NOT BE ELIGIBLE TO PARTICIPATE IN SUCH PILOT PROGRAM.
§ 4. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law relating to establishing the
accident prevention course internet technology pilot program, as amended
by section 3 of part D of chapter 58 of the laws of 2016, is amended to
read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2020] 2022; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 5. This act shall take effect immediately; provided that sections
two and three of this act shall take effect on the same date and in the
same manner as chapter 368 of the laws of 2019 takes effect; provided,
however, that the amendments to section 399-l of the vehicle and traffic
law made by section one of this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith; provided further,
that the amendments to article 12-D of the vehicle and traffic law made
by sections two and three of this act shall not affect the repeal of
such article and shall be deemed to be repealed therewith. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
PART AAA
Intentionally Omitted
PART BBB
Intentionally Omitted
PART CCC
Intentionally Omitted
PART DDD
Intentionally Omitted
S. 7508--B 95 A. 9508--B
PART EEE
Section 1. Section 5 of chapter 451 of the laws of 2017, enacting the
New York Buy American Act, is amended to read as follows:
§ 5. This act shall take effect April 1, 2018 and shall apply to any
state contracts executed and entered into on or after such date and
shall exclude such contracts that have been previously awarded or have
pending bids or pending requests for proposals issued as of April 1,
2018, and shall not apply to projects that have commenced project design
and environmental studies prior to such date[; provided, however, that
this act shall expire and be deemed repealed April 15, 2020].
§ 2. This act shall take effect immediately.
PART FFF
Section 1. The labor law is amended by adding a new section 224-a to
read as follows:
§ 224-A. PREVAILING WAGE REQUIREMENTS APPLICABLE TO CONSTRUCTION
PROJECTS PERFORMED UNDER PRIVATE CONTRACT. 1. SUBJECT TO THE PROVISIONS
OF THIS SECTION, EACH "COVERED PROJECT" AS DEFINED IN THIS SECTION SHALL
BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTION
TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. A "COVERED
PROJECT" SHALL MEAN CONSTRUCTION WORK DONE UNDER CONTRACT WHICH IS PAID
FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS AS SUCH TERM IS DEFINED IN
THIS SECTION WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED,
IS AT LEAST THIRTY PERCENT OF THE TOTAL CONSTRUCTION PROJECT COSTS AND
WHERE SUCH PROJECT COSTS ARE OVER FIVE MILLION DOLLARS EXCEPT AS
PROVIDED FOR BY SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
2. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
A. THE PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING
ON BEHALF OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO OR ON
BEHALF OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT
SUBJECT TO REPAYMENT;
B. THE SAVINGS ACHIEVED FROM FEES, RENTS, INTEREST RATES, OR OTHER
LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATEMENTS,
TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU
OF TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN COSTS
THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER OR MARKET RATE BUT FOR THE
INVOLVEMENT OF THE PUBLIC ENTITY;
C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
GENT BASIS; OR
D. CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF
OBLIGATIONS TO THE PUBLIC ENTITY.
3. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
PUBLIC FUNDS" SHALL NOT INCLUDE:
A. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROP-
ERTY TAX LAW;
B. FUNDS THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE, INCENTIVIZE, OR
ENSURE THAT CONSTRUCTION WORK IS PERFORMED, WHICH WOULD OTHERWISE BE
CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
SIVE SEWAGE SYSTEM, INCLUDING CONNECTION TO EXISTING SEWER LINES OR
CREATION OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER, THAT
S. 7508--B 96 A. 9508--B
SUCH WORK SHALL BE DEEMED TO BE A PUBLIC WORK COVERED UNDER THE
PROVISIONS OF THIS ARTICLE;
D. TAX BENEFITS PROVIDED FOR PROJECTS THE LENGTH OR VALUE OF WHICH ARE
NOT ABLE TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED;
E. TAX BENEFITS RELATED TO BROWNFIELD REMEDIATION OR BROWNFIELD REDE-
VELOPMENT PURSUANT TO SECTION TWENTY-ONE, TWENTY-TWO, ONE HUNDRED EIGHT-
Y-SEVEN-G OR ONE HUNDRED EIGHTY-SEVEN-H OF THE TAX LAW, SUBDIVISION
SEVENTEEN OR EIGHTEEN OF SECTION TWO HUNDRED TEN-B OF THE TAX LAW,
SUBSECTION (DD) OR (EE) OF SECTION SIX HUNDRED SIX OF THE TAX LAW, OR
SUBDIVISION (U) OR (V) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW;
F. FUNDS PROVIDED PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-
EIGHT HUNDRED FIFTY-THREE OF THE EDUCATION LAW; AND
G. ANY OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS, DETERMINED BY
THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
THIS ARTICLE AS EXEMPT FROM THIS DEFINITION.
4. FOR PURPOSES OF THIS SECTION "COVERED PROJECT" SHALL NOT INCLUDE
ANY OF THE FOLLOWING:
A. CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPERTY
IS THE OWNER'S PRIMARY RESIDENCE, OR CONSTRUCTION WORK PERFORMED ON
PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
UNITS;
B. CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NOT-FOR-PROFIT
CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT
CORPORATION LAW, OTHER THAN A NOT-FOR-PROFIT CORPORATION FORMED EXCLU-
SIVELY FOR THE PURPOSE OF HOLDING TITLE TO PROPERTY AND COLLECTING
INCOME THEREOF OR ANY PUBLIC ENTITY AS DEFINED IN THIS SECTION WHERE THE
NOT-FOR-PROFIT CORPORATION HAS GROSS ANNUAL REVENUE AND SUPPORT LESS
THAN FIVE MILLION DOLLARS;
C. CONSTRUCTION WORK PERFORMED ON A MULTIPLE RESIDENCE AND/OR ANCIL-
LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF
THE FOLLOWING CIRCUMSTANCES EXCEPT AS PROVIDED FOR BY SECTION TWO
HUNDRED TWENTY-FOUR-C OF THIS ARTICLE:
(I) WHERE NO LESS THAN TWENTY-FIVE PERCENT OF THE RESIDENTIAL UNITS
ARE AFFORDABLE AND SHALL BE RETAINED SUBJECT TO AN ANTICIPATED REGULATO-
RY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY, OR A
NOT-FOR-PROFIT ENTITY WITH AN ANTICIPATED FORMAL AGREEMENT WITH A LOCAL,
STATE, OR FEDERAL GOVERNMENTAL ENTITY FOR PURPOSES OF PROVIDING AFFORDA-
BLE HOUSING IN A GIVEN LOCALITY OR REGION PROVIDED THAT THE PERIOD OF
AFFORDABILITY FOR A RESIDENTIAL UNIT DEEMED AFFORDABLE UNDER THE
PROVISIONS OF THIS PARAGRAPH SHALL BE FOR NO LESS THAN FIFTEEN YEARS
FROM THE DATE OF CONSTRUCTION; OR
(II) WHERE NO LESS THAN THIRTY-FIVE PERCENT OF THE RESIDENTIAL UNITS
INVOLVES THE PROVISION OF SUPPORTIVE HOUSING SERVICES FOR VULNERABLE
POPULATIONS PROVIDED THAT SUCH UNITS ARE SUBJECT TO AN ANTICIPATED REGU-
LATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY; OR
(III) ANY NEWLY CREATED PROGRAMS FOR AFFORDABLE OR SUBSIDIZED HOUSING
AS DETERMINED BY THE PUBLIC SUBSIDY BOARD ESTABLISHED BY SECTION TWO
HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
D. CONSTRUCTION WORK PERFORMED ON A MANUFACTURED HOME PARK AS DEFINED
IN PARAGRAPH THREE OF SUBDIVISION A OF SECTION TWO HUNDRED THIRTY-THREE
OF THE REAL PROPERTY LAW WHERE THE MANUFACTURED HOME PARK IS SUBJECT TO
A REGULATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL
ENTITY FOR NO LESS THAN FIFTEEN YEARS;
E. CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING
AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND
CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF AS
S. 7508--B 97 A. 9508--B
THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL
PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS
AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR
ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT, OR CONSTRUCTION WORK
PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY
OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN
AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE
LABOR ORGANIZATION;
F. CONSTRUCTION WORK PERFORMED ON PROJECTS FUNDED BY SECTION SIXTEEN-N
OF THE URBAN DEVELOPMENT CORPORATION ACT OR THE DOWNTOWN REVITALIZATION
INITIATIVE;
G. CONSTRUCTION WORK AND ENGINEERING AND CONSULTING SERVICES PERFORMED
IN CONNECTION WITH THE INSTALLATION OF A RENEWABLE ENERGY SYSTEM, RENEW-
ABLE HEATING OR COOLING SYSTEM, OR ENERGY STORAGE SYSTEM, WITH A CAPACI-
TY EQUAL TO OR UNDER FIVE MEGAWATTS ALTERNATING CURRENT;
H. CONSTRUCTION WORK PERFORMED ON SUPERMARKET RETAIL SPACE BUILT OR
RENOVATED WITH TAX INCENTIVES PROVIDED UNDER THE FOOD RETAIL EXPANSION
TO SUPPORT HEALTH (FRESH) PROGRAM THROUGH THE NEW YORK CITY INDUSTRIAL
DEVELOPMENT AGENCY;
I. CONSTRUCTION WORK PERFORMED FOR INTERIOR FIT-OUTS AND IMPROVEMENTS
UNDER TEN THOUSAND SQUARE FEET THROUGH SMALL BUSINESS INCUBATION
PROGRAMS OPERATED BY THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION;
J. CONSTRUCTION WORK ON SPACE TO BE USED AS A SCHOOL UNDER SIXTY THOU-
SAND SQUARE FEET, PURSUANT TO A LEASE FROM A PRIVATE OWNER TO THE NEW
YORK CITY DEPARTMENT OF EDUCATION AND THE SCHOOL CONSTRUCTION AUTHORITY;
OR
K. CONSTRUCTION WORK PERFORMED ON PROJECTS THAT RECEIVED TAX BENEFITS
RELATED TO HISTORIC REHABILITATION PURSUANT TO SUBDIVISION TWENTY-SIX OF
SECTION TWO HUNDRED TEN-B OF THE TAX LAW, SUBSECTION (OO) OR (PP) OF
SECTION SIX HUNDRED SIX OF THE TAX LAW, OR SUBDIVISION (Y) OF SECTION
FIFTEEN HUNDRED ELEVEN OF THE TAX LAW.
5. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS
DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE
PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN
SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS-
TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED
PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
BY ANY SUCH ENTITIES.
6. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" MEANS WORK WHICH SHALL
BE AS DEFINED BY THE PUBLIC SUBSIDY BOARD TO REQUIRE PAYMENT OF PREVAIL-
ING WAGE, AND WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS, OR
MECHANICS.
7. FOR PURPOSES OF THIS SECTION AND SECTION TWO HUNDRED TWENTY-FOUR-B
OF THIS ARTICLE, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE COMMIS-
SIONER.
8. THE ENFORCEMENT OF ANY CONSTRUCTION WORK DEEMED TO BE A COVERED
PROJECT PURSUANT TO THIS SECTION, AND ANY ADDITIONAL REQUIREMENTS, SHALL
BE SUBJECT, IN ADDITION TO THIS SECTION, ONLY TO THE REQUIREMENTS OF
SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-FOUR-B, TWO HUNDRED
TWENTY-FOUR-C, AND TWO HUNDRED TWENTY-B OF THIS ARTICLE AND WITHIN THE
JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED
S. 7508--B 98 A. 9508--B
IN THIS SECTION SHALL BE DEEMED TO CONSTRUE ANY COVERED PROJECT AS
OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE; AND
FURTHER PROVIDED:
A. THE OWNER OR DEVELOPER OF SUCH COVERED PROJECT SHALL CERTIFY UNDER
PENALTY OF PERJURY WITHIN FIVE DAYS OF COMMENCEMENT OF CONSTRUCTION WORK
WHETHER THE PROJECT AT ISSUE IS SUBJECT TO THE PROVISIONS OF THIS
SECTION THROUGH THE USE OF A STANDARD FORM DEVELOPED BY THE FISCAL OFFI-
CER.
B. THE OWNERS OR DEVELOPERS OF A PROPERTY WHO ARE UNDERTAKING A
PROJECT UNDER PRIVATE CONTRACT, MAY SEEK GUIDANCE FROM THE PUBLIC SUBSI-
DY BOARD CONTAINED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE,
AND SUCH BOARD MAY RENDER AN OPINION AS TO WHETHER OR NOT THE PROJECT IS
A COVERED PROJECT WITHIN THE MEANING OF THIS ARTICLE. ANY SUCH DETERMI-
NATION SHALL NOT BE REVIEWABLE BY THE FISCAL OFFICER, NOR SHALL IT BE
REVIEWABLE BY THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED TWENTY OF
THIS ARTICLE.
C. THE OWNER OR DEVELOPER OF A COVERED PROJECT SHALL BE RESPONSIBLE
FOR RETAINING ORIGINAL PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE FOR A PERIOD OF SIX YEARS FROM THE
CONCLUSION OF SUCH WORK. ALL PAYROLL RECORDS MAINTAINED BY AN OWNER OR
DEVELOPER PURSUANT TO THIS SECTION SHALL BE SUBJECT TO INSPECTION ON
REQUEST OF THE FISCAL OFFICER. SUCH OWNER OR DEVELOPER MAY AUTHORIZE
THE PRIME CONTRACTOR OF THE CONSTRUCTION PROJECT TO TAKE RESPONSIBILITY
FOR RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD JOINTLY
AND SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL RECORDS
OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
MATION LAW.
D. EACH PUBLIC ENTITY PROVIDING ANY OF THE PUBLIC FUNDS LISTED IN
SUBDIVISION TWO OF THIS SECTION TO AN OWNER, DEVELOPER, CONTRACTOR OR
SUBCONTRACTOR OF A PROJECT SHALL IDENTIFY THE NATURE AND DOLLAR VALUE OF
SUCH FUNDS AND WHETHER ANY SUCH FUNDS ARE EXCLUDED UNDER SUBDIVISION
THREE OF THIS SECTION AND SHALL SO NOTIFY THE RECIPIENT OF SUCH FUNDS OF
SUCH DETERMINATION AND OF THEIR OBLIGATIONS UNDER PARAGRAPH A OF THIS
SUBDIVISION.
E. THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE
PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B
OF THIS ARTICLE.
9. EACH OWNER AND DEVELOPER SUBJECT TO THE REQUIREMENTS OF THIS
SECTION SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW AND SERVICE-DISABLED VETERAN-OWNED BUSINESSES PURSUANT TO
ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW. THE DEPARTMENT IN CONSULTA-
TION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT AND OF THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS
DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINOR-
ITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-
OWNED BUSINESS ENTERPRISES ON COVERED PROJECTS ACHIEVE AND MAINTAIN
COMPLIANCE WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE
SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL AFFORD MINORITY
AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
10. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON THE PARTICIPATION
OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED
S. 7508--B 99 A. 9508--B
PROJECTS AND CONTRACTS FOR PUBLIC WORK SUBJECT TO THE PROVISIONS OF THIS
SECTION AND SECTION TWO HUNDRED TWENTY OF THIS ARTICLE RESPECTIVELY AS
WELL AS THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRACTORS
EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
B. SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE UTILIZATION AND
PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, THE
EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON SUCH
PROJECTS, AND THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH
PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
IN THE WORKFORCE. THE REPORTS SHALL ALSO EXAMINE THE COMPLIANCE OF
CONTRACTORS AND SUBCONTRACTORS WITH OTHER EQUAL EMPLOYMENT OPPORTUNITY
REQUIREMENTS AND ANTI-DISCRIMINATION LAWS, IN ADDITION TO ANY OTHER
EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
C. THE FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER TO DISCLOSE
INFORMATION ON THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES AND THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRAC-
TORS INVOLVED IN THE PERFORMANCE OF ANY COVERED PROJECT. IT SHALL BE
THE DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE SUCH INFORMATION
IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
11. IF CONSTRUCTION WORK IS NOT DEEMED TO BE A COVERED PROJECT, WHETH-
ER BY VIRTUE OF AN EXCLUSION OF SUCH PROJECT UNDER SUBDIVISION FOUR OF
THIS SECTION, OR BY VIRTUE OR NOT RECEIVING SUFFICIENT PUBLIC MONEY TO
BE DEEMED "PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS", SUCH
PROJECT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED
TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE.
§ 2. The labor law is amended by adding a new section 224-b to read as
follows:
§ 224-B. STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED PURSUANT TO
THIS ARTICLE, OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI-
GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION WITH THE
PERFORMANCE OF ANY CONTRACT FOR PUBLIC WORK PURSUANT TO SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE OR ANY COVERED PROJECT PURSUANT TO
SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, HAS SUBSTANTIALLY AND
MATERIALLY FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS
OF THIS ARTICLE, THE FISCAL OFFICER MAY NOTIFY SUCH PERSON IN WRITING OF
HIS OR HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE SHALL (I)
BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
CIVIL PRACTICE LAW AND RULES; (II) NOTIFY SUCH PERSON OF HIS OR HER
RIGHT TO A HEARING; AND (III) STATE THE FACTUAL BASIS UPON WHICH THE
FISCAL OFFICER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
ANY DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI-
SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A REASONABLE TIME BEFORE
THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
FOLLOWING THE HEARING, IF THE FISCAL OFFICER ISSUES A STOP-WORK ORDER,
IT SHALL BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY
TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
OF ANY SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD
TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS LOCATION
AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE FISCAL OFFI-
CER DIRECTS THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMI-
NATION ON THE COMPLAINT OR WHERE SUCH FAILURE TO COMPLY OR EVADE HAS
BEEN DEEMED CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER IS ISSUED
SHALL WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES AN
APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF SUCH ORDER
THE FISCAL OFFICER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED
IN SUCH APPLICATION. THE FISCAL OFFICER MAY DIRECT A CONDITIONAL RELEASE
S. 7508--B 100 A. 9508--B
FROM A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS TAKEN MEAN-
INGFUL AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS ARTI-
CLE.
§ 3. The labor law is amended by adding a new section 224-c to read as
follows:
§ 224-C. PUBLIC SUBSIDY BOARD. 1. A BOARD ON PUBLIC SUBSIDIES, HEREIN-
AFTER "THE BOARD", IS HEREBY CREATED, TO CONSIST OF THIRTEEN MEMBERS.
THE THIRTEEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE
MEMBER UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE,
ONE MEMBER UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, THE
COMMISSIONER, THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION,
THE DIRECTOR OF THE DIVISION OF THE BUDGET, TWO MEMBERS REPRESENTING
EMPLOYEES IN THE CONSTRUCTION INDUSTRY, OF WHOM ONE SHALL BE A REPRESEN-
TATIVE OF THE LARGEST STATEWIDE TRADE LABOR ASSOCIATION REPRESENTING
BUILDING AND CONSTRUCTION WORKERS, AND ONE SHALL BE A REPRESENTATIVE OF
THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND
CONSTRUCTION WORKERS WITH MEMBERSHIP IN NEW YORK CITY, AND TWO MEMBERS
REPRESENTING EMPLOYERS IN THE CONSTRUCTION INDUSTRY, OF WHOM ONE SHALL
BE A REPRESENTATIVE OF THE LARGEST STATEWIDE ORGANIZATION REPRESENTING
BUILDING OWNERS AND DEVELOPERS, EITHER FOR-PROFIT OR NOT-FOR-PROFIT, AND
ONE SHALL BE A REPRESENTATIVE OF A STATEWIDE ORGANIZATION REPRESENTING
BUILDING OWNERS AND DEVELOPERS, EITHER FOR-PROFIT OR NOT-FOR-PROFIT,
REPRESENTING A REGION DIFFERENT THAN THE REGION PRIMARILY REPRESENTED BY
THE INITIAL EMPLOYER REPRESENTATIVE. THE COMMISSIONER SHALL ACT AS THE
CHAIR. THE MEMBERS SHALL SERVE AT THE PLEASURE OF THE AUTHORITY RECOM-
MENDING, DESIGNATING, OR OTHERWISE APPOINTING SUCH MEMBER AND SHALL
SERVE WITHOUT SALARY OR COMPENSATION BUT SHALL BE REIMBURSED FOR NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
2. THE BOARD SHALL MEET ON AN AS NEEDED BASIS AND SHALL HAVE THE POWER
TO CONDUCT PUBLIC HEARINGS. THE BOARD MAY ALSO CONSULT WITH EMPLOYERS
AND EMPLOYEES, AND THEIR RESPECTIVE REPRESENTATIVES, IN THE CONSTRUCTION
INDUSTRY AND WITH SUCH OTHER PERSONS, INCLUDING THE COMMISSIONER, AS IT
SHALL DETERMINE. NO PUBLIC OFFICER OR EMPLOYEE APPOINTED TO THE BOARD
SHALL FORFEIT ANY POSITION OR OFFICE BY VIRTUE OF APPOINTMENT TO SUCH
BOARD. ANY PROCEEDINGS OF THE BOARD WHICH RELATE TO A PARTICULAR INDI-
VIDUAL OR PROJECT SHALL BE CONFIDENTIAL.
3. THE BOARD MAY EXAMINE AND MAKE RECOMMENDATIONS REGARDING THE
FOLLOWING:
(A) THE MINIMUM THRESHOLD PERCENTAGE OF PUBLIC FUNDS SET FORTH IN
SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE,
BUT NO LOWER THAN THAT WHICH IS SET FORTH IN SUCH SUBDIVISION;
(B) THE MINIMUM DOLLAR THRESHOLD OF PROJECTS SET FORTH IN SUBDIVISION
ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, BUT NO LOWER
THAN THAT WHICH IS SET FORTH IN SUCH SUBDIVISION;
(C) CONSTRUCTION WORK EXCLUDED AS A COVERED PROJECT, AS SET FORTH IN
SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH C OF SUBDIVISION FOUR OF
SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
(D) THE DEFINITION OF CONSTRUCTION FOR PURPOSES OF SECTION TWO HUNDRED
TWENTY-FOUR-A OF THIS ARTICLE; OR
(E) PARTICULAR INSTANCES OF BENEFITS, MONIES OR CREDITS AS TO WHETHER
OR NOT THEY SHOULD CONSTITUTE PUBLIC FUNDS.
4. PRIOR TO MAKING ANY RECOMMENDATION INTENDED TO APPLY TO ALL
PROJECTS, THE BOARD SHALL HOLD A PUBLIC HEARING. THE BOARD SHALL
ANNOUNCE EACH PUBLIC HEARING AT LEAST FIFTEEN DAYS IN ADVANCE. THE
ANNOUNCEMENT SHALL CONTAIN AN AGENDA OF THE TOPICS THE BOARD WILL
DISCUSS. AT EACH HEARING, THE BOARD MAY HEAR TESTIMONY AND/OR REVIEW
S. 7508--B 101 A. 9508--B
WRITTEN DOCUMENTS FROM ANY INTERESTED STAKEHOLDERS RELATED TO THE
PLANNED AGENDA OF THE MEETING. THE BOARD SHALL MAKE ANY SUCH RECOMMEN-
DATIONS IN WRITING. IN MAKING ITS RECOMMENDATIONS, THE BOARD SHALL EXAM-
INE THE IMPACT OF SUCH THRESHOLDS AND CIRCUMSTANCES ON PRIVATE DEVELOP-
MENT IN LIGHT OF AVAILABLE PUBLIC SUBSIDIES, EXISTING LABOR MARKET
CONDITIONS, PREVAILING WAGE AND SUPPLEMENT PRACTICES, AND SHALL CONSIDER
THE EXTENT TO WHICH ADJUSTMENTS TO SUCH THRESHOLDS AND CIRCUMSTANCES
COULD AMELIORATE ADVERSE IMPACTS, IF ANY, OR EXPAND OPPORTUNITIES FOR
PREVAILING WAGE AND SUPPLEMENT STANDARDS ON PUBLICLY SUBSIDIZED PRIVATE
CONSTRUCTION PROJECTS IN ANY REGION OR REGIONS OF THE STATE.
5. THE BOARD SHALL BE EMPOWERED TO ISSUE BINDING DETERMINATIONS TO ANY
PUBLIC ENTITY, OR ANY PRIVATE OR NOT-FOR-PROFIT OWNER OR DEVELOPER AS TO
ANY PARTICULAR MATTER RELATED TO AN EXISTING OR POTENTIAL COVERED
PROJECT. IN SUCH INSTANCES THE BOARD SHALL MAKE A DETERMINATION BASED
UPON DOCUMENTS, OR TESTIMONY, OR BOTH IN ITS SOLE DISCRETION. ANY SUCH
PROCEEDINGS SHALL BE CONFIDENTIAL, EXCEPT THAT PUBLICATION OF SUCH DECI-
SIONS SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE, SUBJECT TO
REDACTION OR CONFIDENTIALITY AS THE BOARD SHALL DEEM WARRANTED IN
ACCORDANCE WITH ANY APPLICABLE FEDERAL OR STATE STATUTORY OR REGULATORY
REQUIREMENT GOVERNING CONFIDENTIALITY AND PERSONAL PRIVACY.
6. ANY RECOMMENDATION RENDERED BY THE BOARD PURSUANT TO THIS SECTION
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
7. IN THE EVENT THAT THE BOARD FINDS THAT THERE IS OR LIKELY WOULD BE
A SIGNIFICANT NEGATIVE ECONOMIC IMPACT OF IMPLEMENTING THE PREVAILING
WAGE REQUIREMENTS PROVIDED FOR IN SECTION TWO HUNDRED TWENTY-FOUR-A OF
THIS ARTICLE, THE BOARD MAY TEMPORARILY DELAY THE IMPLEMENTATION OF SUCH
REQUIREMENTS BEYOND JANUARY FIRST, TWO THOUSAND TWENTY-TWO. SUCH A DELAY
MAY BE EFFECTIVE STATEWIDE OR EFFECTIVE ONLY IN A REGION OF THE STATE AS
DEFINED BY THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS. IN MAKING SUCH A
DETERMINATION TO DELAY, THE BOARD SHALL CONSULT THE DEPARTMENT, THE
DEPARTMENT'S DIVISION OF RESEARCH AND STATISTICS, THE UNITED STATES
DEPARTMENT OF LABOR, THE FEDERAL RESERVE BANK OF NEW YORK AND OTHER
ECONOMIC EXPERTS. THE BOARD WILL REFERENCE WELL-ESTABLISHED ECONOMIC
INDEXES AND ACCEPTED ECONOMIC FACTORS TIED TO THE CONSTRUCTION INDUSTRY,
INCLUDING BUT NOT LIMITED TO CONSTRUCTION INDUSTRY EMPLOYMENT, WAGES,
AND OVERALL CONSTRUCTION ACTIVITY.
§ 4. The labor law is amended by adding a new section 813-a to read as
follows:
§ 813-A. ANNUAL REPORTS BY APPRENTICESHIP PROGRAMS. 1. ON AN ANNUAL
BASIS, ALL APPRENTICESHIP PROGRAMS COVERED UNDER THE PROVISIONS OF THIS
ARTICLE SHALL REPORT TO THE DEPARTMENT ON THE PARTICIPATION OF APPREN-
TICES CURRENTLY ENROLLED IN SUCH APPRENTICESHIP PROGRAM. THE DATA TO BE
INCLUDED IN SUCH REPORT SHALL INCLUDE, AT A MINIMUM: (A) THE TOTAL
NUMBER OF APPRENTICES IN SUCH APPRENTICESHIP PROGRAM; (B) THE DEMOGRAPH-
IC INFORMATION OF SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE,
INCLUDING, BUT NOT LIMITED TO, THE AGE, GENDER, RACE, ETHNICITY, AND
NATIONAL ORIGIN OF SUCH APPRENTICES; (C) THE RATE OF ADVANCEMENT AND
GRADUATION OF SUCH APPRENTICES; AND (D) THE RATE OF PLACEMENT OF SUCH
APPRENTICES ONTO JOB SITES AS WELL AS THE DEMOGRAPHIC INFORMATION OF
SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE, INCLUDING, BUT
NOT LIMITED TO THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN OF
SUCH APPRENTICES.
2. THE DEPARTMENT SHALL MAKE SUCH DATA PUBLICLY AVAILABLE ON ITS
WEBSITE BY JULY FIRST, TWO THOUSAND TWENTY-TWO AND ON AN ANNUAL BASIS,
BUT NO LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR.
S. 7508--B 102 A. 9508--B
3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR
THE IMPLEMENTATION OF THIS SECTION.
§ 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, or section of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or section thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 6. This act shall take effect on January 1, 2022 and shall apply to
contracts for construction executed, incentive agreements executed,
procurements or solicitations issued, or applications for building
permits on or after such date; provided however that section three of
this act shall take effect on April 1, 2021, and provided further that
this act shall not pre-exempt any existing contracts, nor apply to any
appropriations of public funds made prior to the day on which this act
shall have become a law, or to re-appropriations of such funds first
appropriated prior to the day on which this act shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
PART GGG
Intentionally Omitted
PART HHH
Intentionally Omitted
PART III
Section 1. Subdivision 3 of section 16-o of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as added by chapter 186 of the laws of 2007, is amended
to read as follows:
3. Establishment and purposes. The corporation shall establish a fund
to be known as the "community development financial institutions fund"
and shall pay into such fund any monies made available to the corpo-
ration for such fund from any source. The monies held in or credited to
the fund shall be expended solely for the purposes set forth in this
section. The corporation shall not [commingle] TRANSFER the monies of
such fund [with] TO any other FUND OR monies of the corporation or any
monies held in trust by the corporation. The corporation is authorized,
[within] SUBJECT TO available [appropriations] FUNDING, INCLUDING, BUT
NOT LIMITED TO, AVAILABLE APPROPRIATIONS, to provide financial and tech-
nical assistance to community development financial institutions that
make loans and provide development services to specific investment areas
or targeted populations.
§ 2. This act shall take effect immediately.
PART JJJ
S. 7508--B 103 A. 9508--B
Section 1. This act shall be known as the "accelerated renewable ener-
gy growth and community benefit act".
§ 2. Legislative findings and statement of purpose. The legislature
hereby finds, determines and declares:
1. Chapter 106 of the laws of 2019 enacted the New York state climate
leadership and community protection act (the "CLCPA") that among other
things:
(a) directed the department of environmental conservation to establish
a statewide greenhouse gas emissions limit as a percentage of 1990 emis-
sions as follows: (i) 2030: 60% of 1990 emissions; and (ii) 2050: 15% of
1990 emissions;
(b) directed the public service commission ("commission") to establish
programs to require that a minimum of 70% statewide electric generation
be produced by renewable energy systems by 2030, and that by the year
2040 the statewide electrical demand system will generate zero emis-
sions; and
(c) directed the commission to require the procurement by the state's
jurisdictional load serving entities of at least 9 gigawatts of offshore
wind electricity generation by 2035 and six gigawatts of photovoltaic
solar generation by 2025, and to support three gigawatts of statewide
energy storage capacity by 2030 (collectively, the "CLCPA targets").
2. In order to achieve the CLCPA targets, the state shall take appro-
priate action to ensure that:
(a) new renewable energy generation projects can be sited in a timely
and cost-effective manner that includes consideration of local laws
concerning zoning, the environment or public health and safety and
avoids or minimizes, to the maximum extent practicable, adverse environ-
mental impacts; and
(b) renewable energy can be efficiently and cost effectively injected
into the state's distribution and transmission system for delivery to
regions of the state where it is needed. In particular, the state shall
provide for timely and cost effective construction of new, expanded and
upgraded distribution and transmission infrastructure as may be needed
to access and deliver renewable energy resources, which may include
alternating current transmission facilities, high voltage direct current
transmission infrastructure facilities, and submarine transmission
facilities needed to interconnect off-shore renewable generation
resources to the state's transmission system.
3. A public policy purpose would be served and the interests of the
people of the state would be advanced by directing the public service
commission to make a comprehensive study of the state's power grid to
identify distribution and transmission infrastructure needed to enable
the state to meet the CLCPA targets, and based on such study, develop
definitive plans that: (a) provide for the timely development of local
transmission and distribution system upgrades by the state's regulated
utilities and the Long Island power authority; (b) identify bulk trans-
mission investments that should be undertaken, including projects that
should be undertaken immediately and on an expedited basis in cooper-
ation with the power authority of the state of New York; and (c) other-
wise advance the policies of this act.
4. A public policy purpose would be served and the interests of the
people of the state would be advanced by:
(a) expediting the regulatory review for the siting of major renewable
energy facilities and transmission infrastructure necessary to meet the
CLCPA targets, in recognition of the importance of these facilities and
their ability to lower carbon emissions;
S. 7508--B 104 A. 9508--B
(b) making available to developers of clean generation resources
build-ready sites for the construction and operation of such renewable
energy facilities;
(c) developing uniform permit standards and conditions that are appli-
cable to classes and categories of renewable energy facilities, that
reflect the environmental benefits of such facilities and address common
conditions necessary to minimize impacts to the surrounding community
and environment;
(d) providing for workforce training, especially in disadvantaged
communities;
(e) implementing one or more programs to provide benefits to owners of
land and communities where renewable energy facilities and transmission
infrastructure would be sited;
(f) incentivizing the re-use or adaptation of sites with existing or
abandoned commercial or industrial uses, such as brownfields, landfills,
dormant electric generating sites and former commercial or industrial
sites, for the development of major renewable energy facilities and to
restore and protect the value of taxable land and leverage existing
resources; and
(g) implementing the state's policy to protect, conserve and recover
endangered and threatened species while establishing additional mech-
anisms to facilitate the achievement of a net conservation benefit to
endangered or threatened species which may be impacted by the
construction or operation of major renewable energy facilities.
§ 3. Paragraphs (c) and (d) of subdivision 4 of section 162 of the
public service law, as added by chapter 388 of the laws of 2011, are
amended and a new subdivision (e) is added to read as follows:
(c) To a major electric generating facility (i) constructed on lands
dedicated to industrial uses, (ii) the output of which shall be used
solely for industrial purposes, on the premises, and (iii) the generat-
ing capacity of which does not exceed two hundred thousand kilowatts;
[or]
(d) To a major electric generating facility if, on or before the
effective date of the rules and regulations promulgated pursuant to this
article and section 19-0312 of the environmental conservation law, an
application has been made for a license, permit, certificate, consent or
approval from any federal, state or local commission, agency, board or
regulatory body, in which application the location of the major electric
generating facility has been designated by the applicant; or if the
facility is under construction at such time[.]; OR
(E) TO A MAJOR RENEWABLE ENERGY FACILITY AS SUCH TERM IS DEFINED IN
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; PROVIDED, HOWEVER, THAT ANY
PERSON INTENDING TO CONSTRUCT A MAJOR RENEWABLE ENERGY FACILITY, THAT
HAS A DRAFT PRE-APPLICATION PUBLIC INVOLVEMENT PROGRAM PLAN PURSUANT TO
SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE AND THE REGULATIONS
IMPLEMENTING THIS ARTICLE, WHICH IS PENDING WITH THE SITING BOARD AS OF
THE EFFECTIVE DATE OF THIS PARAGRAPH MAY REMAIN SUBJECT TO THE
PROVISIONS OF THIS ARTICLE OR, MAY, BY WRITTEN NOTICE TO THE SECRETARY
OF THE COMMISSION, ELECT TO BECOME SUBJECT TO THE PROVISIONS OF SECTION
NINETY-FOUR-C OF THE EXECUTIVE LAW.
§ 4. The executive law is amended by adding a new section 94-c to read
as follows:
§ 94-C. MAJOR RENEWABLE ENERGY DEVELOPMENT PROGRAM. 1. PURPOSE. IT IS
THE PURPOSE OF THIS SECTION TO CONSOLIDATE THE ENVIRONMENTAL REVIEW AND
PERMITTING OF MAJOR RENEWABLE ENERGY FACILITIES IN THIS STATE AND TO
PROVIDE A SINGLE FORUM IN WHICH THE OFFICE OF RENEWABLE ENERGY SITING
S. 7508--B 105 A. 9508--B
CREATED BY THIS SECTION MAY UNDERTAKE A COORDINATED AND TIMELY REVIEW OF
PROPOSED MAJOR RENEWABLE ENERGY FACILITIES TO MEET THE STATE'S RENEWABLE
ENERGY GOALS WHILE ENSURING THE PROTECTION OF THE ENVIRONMENT AND
CONSIDERATION OF ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
FACTORS IN THE DECISION TO PERMIT SUCH FACILITIES AS MORE SPECIFICALLY
PROVIDED IN THIS SECTION.
2. DEFINITIONS. (A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE
EXECUTIVE DIRECTOR OF THE OFFICE OF RENEWABLE ENERGY SITING.
(B) "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED IN THE
CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, INCLUDING THE REQUIRE-
MENT THAT A MINIMUM OF SEVENTY PERCENT OF THE STATEWIDE ELECTRIC GENER-
ATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY TWO THOUSAND THIRTY,
THAT BY THE YEAR TWO THOUSAND FORTY THE STATEWIDE ELECTRICAL DEMAND
SYSTEM WILL GENERATE ZERO EMISSIONS AND THE PROCUREMENT OF AT LEAST NINE
GIGAWATTS OF OFFSHORE WIND ELECTRICITY GENERATION BY TWO THOUSAND THIR-
TY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENERATION BY TWO THOUSAND
TWENTY-FIVE AND TO SUPPORT THREE GIGAWATTS OF STATEWIDE ENERGY STORAGE
CAPACITY BY TWO THOUSAND THIRTY.
(C) "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE ACCOUNT ESTAB-
LISHED BY THE OFFICE PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
(D) "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING ANY CITY, COUNTY, AND OTHER POLITICAL
SUBDIVISION OF THE STATE.
(E) "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
(F) "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING ESTAB-
LISHED PURSUANT TO THIS SECTION.
(G) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE.
(H) "MAJOR RENEWABLE ENERGY FACILITY" MEANS ANY RENEWABLE ENERGY
SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC
SERVICE LAW AS ADDED BY CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
SAND NINETEEN, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOU-
SAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENER-
ATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE
BULK TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO
ELECTRIC PLANTS AS DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE LAW,
INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN TEN MILES IN LENGTH
IN ORDER TO PROVIDE ACCESS TO LOAD AND TO INTEGRATE SUCH FACILITIES INTO
THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
(I) "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT ESTABLISHED PURSUANT TO THIS SECTION AND THE RULES AND
REGULATIONS PROMULGATED BY THE OFFICE.
(J) "DORMANT ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
OR MORE ELECTRIC GENERATING FACILITIES PRODUCED ELECTRICITY BUT HAS
PERMANENTLY CEASED OPERATING.
3. OFFICE OF RENEWABLE ENERGY SITING; RESPONSIBILITIES. (A) THERE IS
HEREBY ESTABLISHED WITHIN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY
SITING WHICH IS CHARGED WITH ACCEPTING APPLICATIONS AND EVALUATING,
ISSUING, AMENDING, APPROVING THE ASSIGNMENT AND/OR TRANSFER OF SITING
PERMITS. THE OFFICE SHALL EXERCISE ITS AUTHORITY BY AND THROUGH THE
EXECUTIVE DIRECTOR.
(B) THE OFFICE SHALL WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION ESTABLISH A SET OF UNIFORM STANDARDS AND CONDITIONS FOR THE
SITING, DESIGN, CONSTRUCTION AND OPERATION OF EACH TYPE OF MAJOR RENEWA-
BLE ENERGY FACILITY RELEVANT TO ISSUES THAT ARE COMMON FOR PARTICULAR
CLASSES AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES, IN CONSUL-
S. 7508--B 106 A. 9508--B
TATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF
PUBLIC SERVICE, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND OTHER
RELEVANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
PRIOR TO ADOPTION OF UNIFORM STANDARDS AND CONDITIONS, THE OFFICE SHALL
HOLD FOUR PUBLIC HEARINGS IN DIFFERENT REGIONS OF THE STATE TO SOLICIT
COMMENT FROM MUNICIPAL, OR POLITICAL SUBDIVISIONS, AND THE PUBLIC ON
PROPOSED UNIFORM STANDARDS AND CONDITIONS TO AVOID, MINIMIZE OR MITIGATE
POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS FROM THE SITING, DESIGN,
CONSTRUCTION AND OPERATION OF A MAJOR RENEWABLE ENERGY FACILITY.
(C) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM EXTENT
PRACTICABLE, ANY POTENTIAL SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS
RELATED TO THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A MAJOR
RENEWABLE ENERGY FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS SHALL
APPLY TO THOSE ENVIRONMENTAL IMPACTS THE OFFICE DETERMINES ARE COMMON TO
EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
(D) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
RENEWABLE ENERGY FACILITY, THE OFFICE, IN CONSULTATION WITH THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE SITE-SPECIFIC
ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
SPECIFIC PROPOSED MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE TO BE
ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. THE OFFICE SHALL
DRAFT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SITE SPECIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS, INCLUDING
PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO ACCOUNT
THE CLCPA TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR
RENEWABLE ENERGY FACILITY, PROVIDED, HOWEVER, THAT THE OFFICE SHALL
REQUIRE THAT THE APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND
SITE-SPECIFIC CONDITIONS SHALL ACHIEVE A NET CONSERVATION BENEFIT TO ANY
IMPACTED ENDANGERED AND THREATENED SPECIES.
(E) TO THE EXTENT THAT ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC PERMIT
CONDITIONS PROPOSED BY THE OFFICE, AND THE OFFICE DETERMINES THAT MITI-
GATION OF SUCH IMPACTS MAY BE ACHIEVED BY OFF-SITE MITIGATION, THE
OFFICE MAY REQUIRE PAYMENT OF A FEE BY THE APPLICANT TO ACHIEVE SUCH
OFF-SITE MITIGATION. IF THE OFFICE DETERMINES, IN CONSULTATION WITH THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THAT MITIGATION OF IMPACTS TO
ENDANGERED OR THREATENED SPECIES THAT ACHIEVES A NET CONSERVATION BENE-
FIT CAN BE ACHIEVED BY OFF-SITE MITIGATION, THE AMOUNT TO BE PAID FOR
SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE FINAL SITING PERMIT.
THE OFFICE MAY REQUIRE PAYMENT OF FUNDS SUFFICIENT TO IMPLEMENT SUCH
OFF-SITE MITIGATION INTO THE ENDANGERED AND THREATENED SPECIES MITI-
GATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE
FINANCE LAW.
(F) THE OFFICE, BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL BE
AUTHORIZED TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE
PERMITS, AND ADOPT SUCH RULES, REGULATIONS AND PROCEDURES AS MAY BE
NECESSARY, CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS
SECTION.
(G) THE OFFICE SHALL WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION PROMULGATE RULES AND REGULATIONS WITH RESPECT TO ALL NECESSARY
REQUIREMENTS TO IMPLEMENT THE SITING PERMIT PROGRAM ESTABLISHED IN THIS
SECTION AND PROMULGATE MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT
DEEMS NECESSARY; PROVIDED THAT THE OFFICE SHALL PROMULGATE REGULATIONS
REQUIRING THE SERVICE OF APPLICATIONS ON AFFECTED MUNICIPALITIES AND
S. 7508--B 107 A. 9508--B
POLITICAL SUBDIVISIONS SIMULTANEOUSLY WITH SUBMISSION OF THE APPLICATION
TO THE OFFICE.
(H) AT THE REQUEST OF THE OFFICE, ALL OTHER STATE AGENCIES AND AUTHOR-
ITIES ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO
THE OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
THE CONTRARY AND CONSISTENT WITH APPROPRIATIONS THEREFOR, EMPLOYEES OF
ANY STATE AGENCY WHO ARE NECESSARY TO THE FUNCTIONS OF THE OFFICE AND
WHO MAY BE SUBSTANTIALLY ENGAGED IN THE PERFORMANCE OF ITS FUNCTIONS
SHALL BE TRANSFERRED TO THE OFFICE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION SEVENTY-EIGHT OF THE CIVIL SERVICE LAW. EMPLOYEES TRANSFERRED
PURSUANT TO THIS SECTION SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINA-
TION OR QUALIFICATION AND SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE
CLASSIFICATIONS. NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE
CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS THAT
ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREEMENTS, IMPACT OR
CHANGE AN EMPLOYEE'S MEMBERSHIP IN A BARGAINING UNIT, OR OTHERWISE
DIMINISH THE INTEGRITY OF THE COLLECTIVE BARGAINING RELATIONSHIP.
4. APPLICABILITY. (A) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION,
NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR, OR BEGIN THE
CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY FACILITY IN THE STATE, OR
INCREASE THE CAPACITY OF AN EXISTING MAJOR RENEWABLE ENERGY FACILITY,
WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT TO THIS SECTION.
ANY SUCH MAJOR RENEWABLE ENERGY FACILITY WITH RESPECT TO WHICH A SITING
PERMIT IS ISSUED SHALL NOT THEREAFTER BE BUILT, MAINTAINED, OR OPERATED
EXCEPT IN CONFORMITY WITH SUCH SITING PERMIT AND ANY TERMS, LIMITATIONS,
OR CONDITIONS CONTAINED THEREIN, PROVIDED THAT NOTHING IN THIS SUBDIVI-
SION SHALL EXEMPT SUCH MAJOR RENEWABLE ENERGY FACILITY FROM COMPLIANCE
WITH FEDERAL LAWS AND REGULATIONS.
(B) A SITING PERMIT ISSUED BY THE OFFICE MAY BE TRANSFERRED OR
ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE OFFICE, TO A
PERSON THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS
CONTAINED IN SUCH SITING PERMIT.
(C) THE OFFICE OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A SITING
PERMIT UNDER THIS SECTION. AN AMENDMENT INITIATED BY THE OFFICE OR
PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY ENVI-
RONMENTAL IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDI-
TIONS OF A SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING
REQUIREMENTS OF THIS SECTION.
(D) ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER
THIS SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO
THIS SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OR ANY PERSON TO
WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF THE OFFICE AT ANY
TIME AND PLACE.
(E) THIS SECTION SHALL NOT APPLY:
(I) TO A MAJOR RENEWABLE ENERGY FACILITY, OR ANY PORTION THEREOF, OVER
WHICH ANY AGENCY OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE
SITING JURISDICTION, OR HAS SITING JURISDICTION CONCURRENT WITH THAT OF
THE STATE AND HAS EXERCISED SUCH JURISDICTION TO THE EXCLUSION OF REGU-
LATION OF THE FACILITY BY THE STATE; PROVIDED, HOWEVER, NOTHING HEREIN
SHALL BE CONSTRUED TO EXPAND FEDERAL JURISDICTION;
(II) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL
MODIFICATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY,
WHENEVER BUILT, WHICH ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS
S. 7508--B 108 A. 9508--B
AND WHICH DO NOT CONSTITUTE A VIOLATION OF ANY APPLICABLE EXISTING
PERMIT;
(III) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
TIVE DATE OF THIS SECTION, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
LICENSE, PERMIT, CERTIFICATE, CONSENT OR APPROVAL FROM ANY FEDERAL,
STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY, INCLUDING
THE SUBMISSION OF A PRE-APPLICATION PUBLIC INVOLVEMENT PROGRAM PLAN
UNDER ARTICLE TEN OF THE PUBLIC SERVICE LAW AND ITS IMPLEMENTING REGU-
LATIONS, IN WHICH APPLICATION THE LOCATION OF THE MAJOR RENEWABLE ENERGY
FACILITY HAS BEEN DESIGNATED BY THE APPLICANT, EXCEPT IN THE CASE OF A
PERSON WHO ELECTS TO BE SUBJECT TO THIS SECTION AS AUTHORIZED BY PARA-
GRAPH E OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-TWO OF THE
PUBLIC SERVICE LAW.
(F) ANY PERSON INTENDING TO CONSTRUCT A MAJOR RENEWABLE ENERGY FACILI-
TY EXCLUDED FROM THIS SECTION PURSUANT TO PARAGRAPH (II) OR (III) OF
PARAGRAPH (E) OF THIS SUBDIVISION MAY ELECT TO BECOME SUBJECT TO THE
PROVISIONS OF THIS SECTION BY FILING AN APPLICATION FOR A SITING PERMIT.
THIS SECTION SHALL THEREAFTER APPLY TO EACH MAJOR RENEWABLE ENERGY
FACILITY IDENTIFIED IN SUCH NOTICE FROM THE DATE OF ITS RECEIPT BY THE
OFFICE. WITH RESPECT TO SUCH MAJOR RENEWABLE ENERGY FACILITIES, THE
RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SECTION SHALL SET
FORTH AN EXPEDITED PERMITTING PROCESS TO ACCOUNT FOR MATTERS AND ISSUES
ALREADY PRESENTED AND RESOLVED IN RELEVANT ALTERNATIVE PERMITTING
PROCEEDINGS.
(I) WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY FOR WHICH AN
APPLICATION WAS PREVIOUSLY REVIEWED PURSUANT TO ARTICLE TEN OF THE
PUBLIC SERVICE LAW, AND FOR WHICH A COMPLETENESS DETERMINATION HAD
ALREADY BEEN ISSUED AT THE TIME AN APPLICATION WAS FILED PURSUANT TO
THIS SECTION, SUCH APPLICATION SHALL BE CONSIDERED COMPLETE PURSUANT TO
THIS SECTION UPON FILING.
(II) WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY FOR WHICH AN
APPLICATION WAS PREVIOUSLY REVIEWED PURSUANT TO ARTICLE TEN OF THE
PUBLIC SERVICE LAW, AND FOR WHICH A COMPLETENESS DETERMINATION HAD NOT
BEEN ISSUED AT THE TIME THE APPLICATION WAS FILED PURSUANT TO THIS
SECTION, THE SIXTY-DAY TIME PERIOD PROVIDED IN PARAGRAPH (B) OF SUBDIVI-
SION FIVE OF THIS SECTION SHALL COMMENCE UPON FILING.
(G) ANY PERSON INTENDING TO CONSTRUCT A FACILITY THAT IS A RENEWABLE
ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THE
PUBLIC SERVICE LAW AS ADDED BY CHAPTER ONE HUNDRED SIX OF THE LAWS OF
TWO THOUSAND NINETEEN, WITH A NAMEPLATE CAPACITY OF AT LEAST TWENTY
THOUSAND BUT LESS THAN TWENTY-FIVE THOUSAND KILOWATTS, MAY APPLY TO
BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING AN APPLICA-
TION FOR A SITING PERMIT. UPON SUBMISSION OF SUCH APPLICATION, THE
SUBJECT RENEWABLE ENERGY FACILITY SHALL BE TREATED AS A "MAJOR RENEWABLE
ENERGY FACILITY" EXCLUSIVELY FOR PURPOSES OF PERMITTING UNDER THIS
SECTION.
5. APPLICATION, MUNICIPAL NOTICE AND REVIEW. (A) UNTIL THE OFFICE
ESTABLISHES UNIFORM STANDARDS AND CONDITIONS REQUIRED BY SUBDIVISION
THREE OF THIS SECTION AND PROMULGATES REGULATIONS SPECIFYING THE CONTENT
OF AN APPLICATION FOR A SITING PERMIT, AN APPLICATION FOR A SITING
PERMIT SUBMITTED TO THE OFFICE SHALL CONFORM SUBSTANTIALLY TO THE FORM
AND CONTENT OF AN APPLICATION REQUIRED BY SECTION ONE HUNDRED SIXTY-FOUR
OF THE PUBLIC SERVICE LAW.
(B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE OFFICE SHALL, WITHIN
SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION FOR A SITING PERMIT DETER-
MINE WHETHER THE APPLICATION IS COMPLETE AND NOTIFY THE APPLICANT OF ITS
S. 7508--B 109 A. 9508--B
DETERMINATION. IF THE OFFICE DOES NOT DEEM THE APPLICATION COMPLETE, THE
OFFICE SHALL SET FORTH IN WRITING DELIVERED TO THE APPLICANT THE REASONS
WHY IT HAS DETERMINED THE APPLICATION TO BE INCOMPLETE. IF THE OFFICE
FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING SIXTY-DAY TIME PERI-
OD, THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEVER, THAT
THE APPLICANT MAY CONSENT TO AN EXTENSION OF THE SIXTY-DAY TIME PERIOD
FOR DETERMINING APPLICATION COMPLETENESS. PROVIDED, FURTHER, THAT NO
APPLICATION MAY BE COMPLETE WITHOUT PROOF OF CONSULTATION WITH THE MUNI-
CIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED TO BE
LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICATION TO
THE OFFICE, RELATED TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF LOCAL
LAW.
(C) (I) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN
APPLICATION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH
ANY RELEVANT STATE AGENCY OR AUTHORITY, THE OFFICE SHALL PUBLISH FOR
PUBLIC COMMENT DRAFT PERMIT CONDITIONS PREPARED BY THE OFFICE, WHICH
COMMENT PERIOD SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE
THEREOF. SUCH PUBLIC NOTICE SHALL INCLUDE, AT A MINIMUM, WRITTEN NOTICE
TO THE MUNICIPALITY OR POLITICAL SUBDIVISION IN WHICH THE MAJOR RENEWA-
BLE ENERGY FACILITY IS PROPOSED TO BE LOCATED; PUBLICATION IN A NEWSPA-
PER OR IN ELECTRONIC FORM, HAVING GENERAL CIRCULATION IN SUCH MUNICI-
PALITY OR POLITICAL SUBDIVISION; AND POSTED ON THE OFFICE'S WEBSITE.
(II) FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS SECTION, THE MUNICI-
PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
FRAMES ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO THE OFFICE
INDICATING WHETHER THE PROPOSED FACILITY IS DESIGNED TO BE SITED,
CONSTRUCTED AND OPERATED IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND
REGULATIONS, IF ANY, CONCERNING THE ENVIRONMENT, OR PUBLIC HEALTH AND
SAFETY. IN THE EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR AN
AGENCY THEREOF SUBMITS A STATEMENT TO THE OFFICE THAT THE PROPOSED
FACILITY IS NOT DESIGNED TO BE SITED, CONSTRUCTED OR OPERATED IN COMPLI-
ANCE WITH LOCAL LAWS AND REGULATIONS AND THE OFFICE DETERMINES NOT TO
HOLD AN ADJUDICATORY HEARING ON THE APPLICATION, THE DEPARTMENT SHALL
HOLD NON-ADJUDICATORY PUBLIC HEARING IN THE AFFECTED MUNICIPALITY OR
POLITICAL SUBDIVISION.
(D) IF PUBLIC COMMENT ON A DRAFT PERMIT CONDITION PUBLISHED BY THE
OFFICE PURSUANT TO THIS SUBDIVISION, INCLUDING COMMENTS PROVIDED BY A
MUNICIPALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF, OR MEMBERS OF
THE PUBLIC RAISES A SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
REGULATIONS ADOPTED PURSUANT TO THIS SECTION, THAT REQUIRES ADJUDI-
CATION, THE OFFICE SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING
TO HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO.
(E) FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
THIS SUBDIVISION, OR FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
PURSUANT TO THIS SUBDIVISION, THE OFFICE SHALL, IN THE CASE OF A PUBLIC
COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENT AND AN ASSESS-
MENT OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY HEARING,
THE EXECUTIVE OFFICER OR ANY PERSON TO WHOM THE EXECUTIVE DIRECTOR HAS
DELEGATED SUCH AUTHORITY, SHALL ISSUE A FINAL WRITTEN HEARING REPORT. A
FINAL SITING PERMIT MAY ONLY BE ISSUED IF THE OFFICE MAKES A FINDING
THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM AND
SITE-SPECIFIC STANDARDS AND CONDITIONS WOULD COMPLY WITH APPLICABLE LAWS
AND REGULATIONS. IN MAKING THIS DETERMINATION, THE OFFICE MAY ELECT NOT
TO APPLY, IN WHOLE OR IN PART, ANY LOCAL LAW OR ORDINANCE WHICH WOULD
S. 7508--B 110 A. 9508--B
OTHERWISE BE APPLICABLE IF IT MAKES A FINDING THAT, AS APPLIED TO THE
PROPOSED MAJOR RENEWABLE ENERGY FACILITY, IT IS UNREASONABLY BURDENSOME
IN VIEW OF THE CLCPA TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE
PROPOSED MAJOR RENEWABLE ENERGY FACILITY.
(F) NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS
SECTION, THE OFFICE SHALL MAKE A FINAL DECISION ON A SITING PERMIT FOR
ANY MAJOR RENEWABLE ENERGY PROJECT WITHIN ONE YEAR FROM THE DATE THE
APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS FROM THE DATE THE
APPLICATION WAS DEEMED COMPLETE IF THE MAJOR RENEWABLE ENERGY FACILITY
IS PROPOSED TO BE SITED ON AN EXISTING OR ABANDONED COMMERCIAL USE,
INCLUDING WITHOUT LIMITATION, BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL
OR INDUSTRIAL SITES, DORMANT ELECTRIC GENERATING SITES, AND ABANDONED OR
OTHERWISE UNDERUTILIZED SITES, AS FURTHER DEFINED BY THE REGULATIONS
PROMULGATED BY THIS SECTION. UNLESS THE OFFICE AND THE APPLICANT HAVE
AGREED TO AN EXTENSION, WITH SUCH EXTENSION LIMITED TO THIRTY DAYS, AND
IF A FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY THE OFFICE WITHIN
SUCH TIME PERIOD, THEN SUCH SITING PERMIT SHALL BE DEEMED TO HAVE BEEN
AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS SECTION AND ALL
UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS ISSUED FOR PUBLIC
COMMENT SHALL CONSTITUTE ENFORCEABLE PROVISIONS OF THE SITING PERMIT.
THE FINAL SITING PERMIT SHALL INCLUDE A PROVISION REQUIRING THE PERMIT-
TEE TO PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE A HOST COMMUNITY
BENEFIT AS DETERMINED BY THE PUBLIC SERVICE COMMISSION PURSUANT TO
SECTION EIGHT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
ADDED THIS SECTION OR SUCH OTHER PROJECT AS DETERMINED BY THE OFFICE OR
AS SUBSEQUENTLY AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
(G) ANY PARTY AGGRIEVED BY THE ISSUANCE OR DENIAL OF A PERMIT UNDER
THIS SECTION MAY SEEK JUDICIAL REVIEW OF SUCH DECISION AS PROVIDED IN
THIS PARAGRAPH. (I) A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE APPEL-
LATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK IN THE JUDI-
CIAL DEPARTMENT EMBRACING THE COUNTY WHEREIN THE FACILITY IS TO BE
LOCATED OR, IF THE APPLICATION IS DENIED, THE COUNTY WHEREIN THE APPLI-
CANT HAS PROPOSED TO LOCATE THE FACILITY. SUCH PROCEEDING SHALL BE
INITIATED BY THE FILING OF A PETITION IN SUCH COURT WITHIN NINETY DAYS
AFTER THE ISSUANCE OF A FINAL DECISION BY THE OFFICE TOGETHER WITH PROOF
OF SERVICE OF A DEMAND ON THE OFFICE TO FILE WITH SAID COURT A COPY OF A
WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND A COPY OF THE
OFFICE'S DECISION AND OPINION. THE OFFICE'S COPY OF SAID TRANSCRIPT,
DECISION AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO ALL
PARTIES FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
DEMAND THE OFFICE SHALL FORTHWITH DELIVER TO THE COURT A COPY OF THE
RECORD AND A COPY OF THE OFFICE'S DECISION AND OPINION. THEREUPON, THE
COURT SHALL HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE POWER
TO GRANT SUCH RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER
AN ORDER ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING
FOR FURTHER SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR
IN PART SUCH DECISION. THE APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT
REQUIREMENT OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS
OF FACT ON WHICH SUCH DECISION IS BASED SHALL BE CONCLUSIVE IF SUPPORTED
BY SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS
OF JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE
APPELLATE DIVISION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDG-
MENT AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF APPEALS
IN THE SAME MANNER AND FORM AND WITH THE SAME EFFECT AS PROVIDED FOR
APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME COURT AND BY THE
S. 7508--B 111 A. 9508--B
COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
OVER ALL OTHER MATTERS.
(II) THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
TO WHETHER THE DECISION AND OPINION OF THE OFFICE ARE:
(A) IN CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS OF THE
STATE AND THE UNITED STATES;
(B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RECORD AND MATTERS OF
JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
(C) WITHIN THE OFFICE'S STATUTORY JURISDICTION OR AUTHORITY;
(D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS SECTION;
(E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
(F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
CITIZENS AFFECTED BY THE FACILITY REGARDLESS OF AGE, RACE, COLOR,
NATIONAL ORIGIN AND INCOME.
(III) EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
6. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES; SCOPE
OF SECTION. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING
WITHOUT LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW
AND ARTICLE SEVEN OF THE PUBLIC SERVICE LAW, NO OTHER STATE AGENCY,
DEPARTMENT OR AUTHORITY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR
ANY AGENCY THEREOF MAY, EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS
SECTION OR THE RULES AND REGULATIONS PROMULGATED UNDER THIS SECTION,
REQUIRE ANY APPROVAL, CONSENT, PERMIT, CERTIFICATE, CONTRACT, AGREEMENT,
OR OTHER CONDITION FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION,
OR DECOMMISSIONING OF A MAJOR RENEWABLE ENERGY FACILITY WITH RESPECT TO
WHICH AN APPLICATION FOR A SITING PERMIT HAS BEEN FILED, PROVIDED IN THE
CASE OF A MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF, SUCH
ENTITY HAS RECEIVED NOTICE OF THE FILING OF THE APPLICATION THEREFOR.
NOTWITHSTANDING THE FOREGOING, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION SHALL BE THE PERMITTING AGENCY FOR PERMITS ISSUED PURSUANT TO
FEDERALLY DELEGATED OR FEDERALLY APPROVED PROGRAMS.
(B) THIS SECTION SHALL NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
LOCAL LABOR LAWS OR ANY OTHERWISE APPLICABLE STATE LAW FOR THE
PROTECTION OF EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY.
(C) THE DEPARTMENT OF PUBLIC SERVICE OR THE PUBLIC SERVICE COMMISSION
SHALL MONITOR, ENFORCE AND ADMINISTER COMPLIANCE WITH ANY TERMS AND
CONDITIONS SET FORTH IN A PERMIT ISSUED PURSUANT TO THIS SECTION AND IN
DOING SO MAY USE AND RELY ON AUTHORITY OTHERWISE AVAILABLE UNDER THE
PUBLIC SERVICE LAW.
7. FEES; LOCAL AGENCY ACCOUNT. (A) EACH APPLICATION FOR A SITING
PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO ONE THOUSAND
DOLLARS FOR EACH THOUSAND KILOWATTS OF CAPACITY OF THE PROPOSED MAJOR
RENEWABLE ENERGY FACILITY, TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS
THE LOCAL AGENCY ACCOUNT ESTABLISHED FOR THE BENEFIT OF LOCAL AGENCIES
AND COMMUNITY INTERVENORS BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE
CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE. THE OFFICE MAY
UPDATE THE FEE PERIODICALLY SOLELY TO ACCOUNT FOR INFLATION. THE
PROCEEDS OF SUCH ACCOUNT SHALL BE DISBURSED BY THE OFFICE, IN ACCORDANCE
WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE RULES AND REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS SECTION, FOR THE PARTIC-
IPATION OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC COMMENT
PERIODS OR HEARING PROCEDURES ESTABLISHED BY THIS SECTION, INCLUDING THE
S. 7508--B 112 A. 9508--B
RULES AND REGULATIONS PROMULGATED HERETO; PROVIDED THAT FEES MUST BE
DISBURSED FOR MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN AGENCY THERE-
OF, TO DETERMINE WHETHER A PROPOSED FACILITY IS DESIGNED TO BE SITED,
CONSTRUCTED AND OPERATED IN COMPLIANCE WITH THE APPLICABLE LOCAL LAWS
AND REGULATIONS.
(B) ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART
OF SUCH AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY
SHALL PREPARE AN ANNUAL REPORT SUMMARIZING ACCOUNT BALANCES AND ACTIV-
ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH
REPORT TO THE OFFICE NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF
SUCH FISCAL YEAR AND POST ON THE AUTHORITY'S WEBSITE.
(C) WITH RESPECT TO A PERSON WHO HAS FILED AN APPLICATION FOR A SITING
PERMIT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ANY AMOUNTS HELD IN
AN INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES SEVEN AND TEN OF
THE PUBLIC SERVICE LAW SHALL BE APPLIED TO THE INTERVENOR ACCOUNT ESTAB-
LISHED BY THIS SUBDIVISION.
(D) IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, THE OFFICE, PURSUANT TO REGULATIONS ADOPTED PURSUANT
TO THIS SECTION, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING THE
COSTS THE OFFICE INCURS RELATED TO REVIEWING AND PROCESSING AN APPLICA-
TION SUBMITTED UNDER THIS SECTION.
§ 5. The opening paragraph of section 1854 of the public authorities
law, as amended by chapter 558 of the laws of 1980, is amended to read
as follows:
The purposes of the authority shall be to develop and implement new
energy technologies AND INVEST IN BUILD-READY SITES, AS DEFINED IN
SUBDIVISION EIGHT OF SECTION NINETEEN HUNDRED ONE OF THIS ARTICLE,
consistent with economic, social and environmental objectives, to devel-
op and encourage energy conservation technologies, to promote, develop,
encourage and assist in the acquiring, constructing, improving, main-
taining, equipping and furnishing of industrial, manufacturing, ware-
housing, commercial, research and industrial pollution control facili-
ties at the Saratoga Research and Development Center, and to promote,
develop, encourage and assist special energy projects and thereby
advance job opportunities, health, general prosperity and economic
welfare of the people of the state of New York. In carrying out such
purposes, the authority shall, with respect to the activities specified,
have the following powers:
§ 6. Article 8 of the public authorities law is amended by adding a
new title 9-B to read as follows:
TITLE 9-B
CLEAN ENERGY RESOURCES DEVELOPMENT AND INCENTIVES PROGRAM
SECTION 1900. STATEMENT OF LEGISLATIVE INTENT.
1901. DEFINITIONS.
1902. POWERS AND DUTIES.
1903. ELIGIBILITY.
1904. FUNDING.
1905. REPORTING.
§ 1900. STATEMENT OF LEGISLATIVE INTENT. IT IS THE INTENT OF THE
LEGISLATURE IN ENACTING THIS TITLE TO EMPOWER THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY TO ESTABLISH EFFECTIVE PROGRAMS AND
OTHER MECHANISMS TO: (1) FOSTER AND ENCOURAGE THE ORDERLY AND EXPEDIENT
SITING AND DEVELOPMENT OF RENEWABLE ENERGY FACILITIES, PARTICULARLY AT
SITES WHICH ARE DIFFICULT TO DEVELOP, CONSISTENT WITH APPLICABLE LAW FOR
THE PURPOSE OF ENABLING THE STATE TO MEET CLCPA TARGETS AS DEFINED IN
S. 7508--B 113 A. 9508--B
SUBDIVISION TWO OF SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; (2)
INCENTIVIZE THE RE-USE OF PREVIOUSLY DEVELOPED SITES FOR RENEWABLE ENER-
GY FACILITIES TO PROTECT THE VALUE OF TAXABLE LAND, CAPITALIZE ON EXIST-
ING INFRASTRUCTURE; (3) SUPPORT THE PROVISION OF BENEFITS TO COMMUNITIES
THAT HOST RENEWABLE ENERGY FACILITIES; AND (4) PROTECT ENVIRONMENTAL
JUSTICE AREAS FROM ADVERSE ENVIRONMENTAL IMPACTS.
§ 1901. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
2. "COMMISSION" SHALL MEAN THE PUBLIC SERVICE COMMISSION.
3. "DEPARTMENTS" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE DEPARTMENT OF
ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF PUBLIC SERVICE.
4. "ENVIRONMENTAL JUSTICE AREA" SHALL MEAN A MINORITY OR LOW-INCOME
COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVI-
RONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMER-
CIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL, AND TRIBAL
PROGRAMS AND POLICIES.
5. "HOST COMMUNITY" SHALL MEAN ANY MUNICIPALITY WITHIN WHICH A MAJOR
RENEWABLE ENERGY FACILITY, OR ANY PORTION THEREOF, HAS BEEN PROPOSED FOR
DEVELOPMENT.
6. "RENEWABLE ENERGY FACILITY" SHALL HAVE THE SAME MEANING AS RENEWA-
BLE ENERGY SYSTEMS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE
LAW.
7. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE OR POLI-
TICAL SUBDIVISION.
8. "BUILD-READY SITE" SHALL MEAN A SITE FOR WHICH THE AUTHORITY HAS
SECURED PERMITS, PROPERTY INTERESTS, AGREEMENTS AND/OR OTHER AUTHORI-
ZATIONS NECESSARY TO OFFER SUCH SITE FOR FURTHER DEVELOPMENT,
CONSTRUCTION AND OPERATION OF A RENEWABLE ENERGY FACILITY IN ACCORDANCE
WITH THE OTHER PROVISIONS OF THIS TITLE.
§ 1902. POWERS AND DUTIES. THE AUTHORITY IS HEREBY AUTHORIZED AND
DIRECTED TO UNDERTAKE SUCH ACTIONS IT DEEMS NECESSARY OR CONVENIENT TO
FOSTER AND ENCOURAGE THE SITING AND DEVELOPMENT OF BUILD-READY SITES
THROUGHOUT THE STATE IN ACCORDANCE WITH THIS TITLE, WORK IN COLLAB-
ORATION WITH THE DEPARTMENT OF PUBLIC SERVICE AND THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION AND ANY OF THEIR AFFILIATES, INCLUDING
WITHOUT LIMITATION:
1. (A) LOCATE, IDENTIFY AND ASSESS SITES WITHIN THE STATE THAT APPEAR
SUITABLE FOR THE DEVELOPMENT OF BUILD-READY SITES WITH A PRIORITY GIVEN
TO PREVIOUSLY DEVELOPED SITES. SUCH ASSESSMENT MAY INCLUDE BUT NEED NOT
BE LIMITED TO THE FOLLOWING CONSIDERATIONS:
(I) NATURAL CONDITIONS AT THE SITE THAT ARE FAVORABLE TO RENEWABLE
ENERGY GENERATION;
(II) CURRENT LAND USES AT OR NEAR THE SITE;
(III) ENVIRONMENTAL CONDITIONS AT OR NEAR THE SITE;
(IV) THE AVAILABILITY AND CHARACTERISTICS OF ANY TRANSMISSION OR
DISTRIBUTION FACILITIES ON OR NEAR THE SITE THAT COULD BE USED TO FACIL-
ITATE THE DELIVERY OF ENERGY FROM THE SITE, INCLUDING EXISTING OR POTEN-
TIAL CONSTRAINTS ON SUCH FACILITIES;
(V) THE POTENTIAL FOR THE DEVELOPMENT OF ENERGY STORAGE FACILITIES AT
OR NEAR THE SITE;
(VI) POTENTIAL IMPACTS OF DEVELOPMENT ON ENVIRONMENTAL JUSTICE COMMU-
NITIES; AND
S. 7508--B 114 A. 9508--B
(VII) EXPRESSIONS OF COMMERCIAL INTEREST IN THE SITE OR GENERAL
LOCATION BY DEVELOPERS OF MAJOR RENEWABLE ENERGY FACILITIES.
(B) IN MAKING SUCH ASSESSMENT THE AUTHORITY SHALL GIVE PRIORITY TO
PREVIOUSLY DEVELOPED SITES, EXISTING OR ABANDONED COMMERCIAL SITES,
INCLUDING WITHOUT LIMITATION BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL
OR INDUSTRIAL SITES, DORMANT ELECTRIC GENERATING SITES, OR OTHERWISE
UNDERUTILIZED SITES;
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY THAT WOULD
REQUIRE THE AUTHORITY TO LOCATE SITES THROUGH A COMPETITIVE PROCUREMENT,
NEGOTIATE AND ENTER INTO AGREEMENTS WITH PERSONS WHO OWN OR CONTROL
INTERESTS IN FAVORABLE SITES FOR THE PURPOSE OF SECURING THE RIGHTS AND
INTERESTS NECESSARY TO ENABLE THE AUTHORITY TO ESTABLISH BUILD-READY
SITES;
3. ESTABLISH PROCEDURES AND PROTOCOLS FOR THE PURPOSE OF ESTABLISHMENT
AND TRANSFER OF BUILD-READY SITES WHICH SHALL INCLUDE, AT A MINIMUM: (A)
WRITTEN NOTICE AT THE EARLIEST PRACTICABLE TIME TO A MUNICIPALITY IN
WHICH A POTENTIAL BUILD-READY SITE HAS BEEN IDENTIFIED; AND (B) A
PRELIMINARY SCREENING PROCESS TO DETERMINE, IN CONSULTATION WITH THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WHETHER THE POTENTIAL BUILD-
READY SITE IS LOCATED IN OR NEAR AN ENVIRONMENTAL JUSTICE AREA AND
WHETHER AN ENVIRONMENTAL JUSTICE AREA WOULD BE ADVERSELY AFFECTED BY
DEVELOPMENT OF A BUILD-READY SITE;
4. UNDERTAKE ALL WORK AND SECURE SUCH PERMITS AS THE AUTHORITY DEEMS
NECESSARY OR CONVENIENT TO FACILITATE THE PROCESS OF ESTABLISHING BUILD-
READY SITES AND FOR THE TRANSFER OF THE BUILD-READY SITES TO DEVELOPERS
SELECTED PURSUANT TO A PUBLICLY NOTICED, COMPETITIVE BIDDING PROCESS
AUTHORIZED BY LAW;
5. NOTWITHSTANDING TITLE FIVE-A OF ARTICLE NINE OF THIS CHAPTER,
ESTABLISH A BUILD-READY PROGRAM, INCLUDING ELIGIBILITY AND OTHER CRITE-
RIA, PURSUANT TO WHICH THE AUTHORITY WOULD, THROUGH A COMPETITIVE AND
TRANSPARENT BIDDING PROCESS, TRANSFER RIGHTS AND OTHER INTERESTS IN
BUILD-READY SITES AND DEVELOPMENT RIGHTS TO DEVELOPERS FOR THE PURPOSE
OF FACILITATING THE DEVELOPMENT OF RENEWABLE ENERGY FACILITIES ON SUCH
BUILD-READY SITES. SUCH TRANSACTIONS MAY INCLUDE THE TRANSFER OF
RIGHTS, INTERESTS AND OBLIGATIONS EXISTING UNDER AGREEMENTS PROVIDING
FOR HOST COMMUNITY BENEFITS NEGOTIATED BY THE AUTHORITY PURSUANT TO
PROGRAMS ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS SECTION ON SUCH
TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE;
6. ESTABLISH ONE OR MORE PROGRAMS PURSUANT TO WHICH PROPERTY OWNERS
AND COMMUNITIES WOULD RECEIVE INCENTIVES TO HOST MAJOR RENEWABLE ENERGY
FACILITIES DEVELOPED FOR THE PURPOSE OF ADVANCING THE STATE POLICIES
EMBODIED IN THIS ARTICLE. SUCH PROGRAM MAY INCLUDE WITHOUT LIMITATION,
AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
PROVISIONS FOR THE AUTHORITY TO NEGOTIATE AND ENTER INTO AGREEMENTS WITH
PROPERTY OWNERS AND HOST COMMUNITIES PROVIDING FOR INCENTIVES, INCLUDING
A PAYMENT IN LIEU OF TAXES, THE TRANSFER OF THE AUTHORITY'S INTERESTS IN
SUCH AGREEMENTS TO DEVELOPERS TO WHOM BUILD-READY SITES ARE TRANSFERRED,
AND THE PROVISION OF INFORMATION AND GUIDANCE TO STAKEHOLDERS CONCERNING
INCENTIVES. THE AUTHORITY SHALL MAINTAIN A RECORD OF SUCH PROGRAMS AND
INCENTIVES, AND SHALL PUBLISH SUCH RECORD ON THE AUTHORITY'S WEBSITE;
7. PROCURE THE SERVICES OF ONE OR MORE SERVICE PROVIDERS, INCLUDING
WITHOUT LIMITATION ENVIRONMENTAL CONSULTANTS, ENGINEERS AND ATTORNEYS,
TO SUPPORT THE AUTHORITY'S RESPONSIBILITIES UNDER THIS SECTION AND
PERFORM SUCH OTHER FUNCTIONS AS THE AUTHORITY DEEMS APPROPRIATE;
8. IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE
DEPARTMENT OF LABOR AND OTHER STATE AGENCIES AND AUTHORITIES HAVING
S. 7508--B 115 A. 9508--B
EXPERIENCE WITH JOB TRAINING PROGRAMS, ASSESS THE NEED FOR AND AVAIL-
ABILITY OF WORKFORCE TRAINING IN THE LOCAL AREA OF BUILD-READY SITES TO
SUPPORT GREEN JOBS DEVELOPMENT WITH SPECIAL ATTENTION TO ENVIRONMENTAL
JUSTICE COMMUNITIES AND, SUBJECT TO AVAILABLE FUNDING, ESTABLISH ONE OR
MORE PROGRAMS PURSUANT TO WHICH FINANCIAL SUPPORT CAN BE MADE AVAILABLE
FOR THE LOCAL WORKFORCE AND UNDER-EMPLOYED POPULATIONS IN THE AREA;
9. MANAGE, ALLOCATE AND SPEND ANY MONIES MADE AVAILABLE TO THE AUTHOR-
ITY IN FURTHERANCE OF THIS TITLE AS THE AUTHORITY DETERMINES TO BE
APPROPRIATE FOR THE PROPER ADMINISTRATION OF PROGRAMS CREATED PURSUANT
TO THIS TITLE. THE AUTHORITY SHALL, IN IDENTIFYING BUILD-READY SITES,
CONSIDER THE ABILITY TO RECOUP FUNDS ALLOCATED OR SPENT IN FURTHERANCE
OF THE PROGRAMS CREATED PURSUANT TO THIS TITLE. ANY PROCEEDS, LESS
PROGRAM EXPENSES AND ADMINISTRATION, SO EARNED BY THE AUTHORITY PURSUANT
TO THIS TITLE SHALL BE REINVESTED IN ACCORDANCE WITH A PLAN APPROVED BY
THE COMMISSION;
10. WHERE THE AUTHORITY DETERMINES THAT IT WOULD BE BENEFICIAL TO THE
POLICY EMBODIED IN THIS TITLE, OFFER FINANCING OR OTHER INCENTIVES TO
ELIGIBLE DEVELOPERS THROUGH A COMPETITIVE PROCESS, INCLUDING WITHOUT
LIMITATION MEASURES AND ACTIVITIES UNDERTAKEN BY THE AUTHORITY IN
CONJUNCTION WITH ITS ADMINISTRATION OF THE STATE'S CLEAN ENERGY STANDARD
OR SIMILAR PROGRAM AS ESTABLISHED IN COMMISSION ORDERS, INCLUDING WITH-
OUT LIMITATION ORDERS ISSUED IN COMMISSION CASE NUMBER 15-E-0302; AND
11. REQUEST AND RECEIVE THE ASSISTANCE OF, THE DEPARTMENTS OR ANY
OTHER STATE AGENCY OR AUTHORITY, WITHIN THEIR RESPECTIVE RELEVANT
SUBJECT MATTER EXPERTISE, TO SUPPORT THE ADMINISTRATION OF THE PROGRAM
CREATED PURSUANT TO THIS TITLE.
§ 1903. ELIGIBILITY. THE AUTHORITY MAY ESTABLISH AND REVISE ANY ELIGI-
BILITY AND EVALUATION CRITERIA IT DEEMS APPROPRIATE FOR THE PROPER
ADMINISTRATION OF THE PROGRAMS CREATED PURSUANT TO THIS TITLE.
§ 1904. FUNDING. 1. THE AUTHORITY MAY SEEK FUNDING FROM ANY AUTHORIZED
OR OTHER AVAILABLE SOURCE TO ADMINISTER THIS PROGRAM.
2. WITHOUT LIMITING THE FOREGOING, THE AUTHORITY SHALL SUBMIT A PETI-
TION OR OTHER APPROPRIATE FILING TO THE COMMISSION DESCRIBING THE ACTIV-
ITIES IT HAS TAKEN AND PLANS TO UNDERTAKE IN FURTHERANCE OF THE POLICY
EMBODIED IN THIS TITLE. SUCH FILING MAY INCLUDE A REQUEST FOR FUNDING TO
ALLOW SUCH ACTIVITIES TO PROCEED PROMPTLY AND FOR A PERIOD OF AT LEAST
FIVE YEARS FROM THE DATE OF THE ORDER RESPONDING TO SUCH PETITION. THE
COMMISSION SHALL, IN ACCORDANCE WITH AND AS PROMPTLY AS AUTHORIZED BY
EXISTING LAW AND REGULATION BUT IN NO EVENT MORE THAN FOUR MONTHS
FOLLOWING THE SUBMISSION OF THE PETITION, ISSUE AN ORDER RESPONDING TO
SUCH PETITION SUBJECT TO ANY NECESSARY AND REASONABLE LIMITATIONS BASED
ON THE PUBLIC SERVICE LAW.
§ 1905. REPORTING. 1. EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE,
THE AUTHORITY SHALL ISSUE AN ANNUAL REPORT SPECIFYING:
(A) ANY PROCEEDS, LESS PROGRAM EXPENSES AND ADMINISTRATION, SO EARNED
BY THE AUTHORITY PURSUANT TO THIS TITLE;
(B) THE SITES AUCTIONED FOR DEVELOPMENT PURSUANT TO SUBDIVISION 5 OF
SECTION NINETEEN HUNDRED TWO OF THIS TITLE;
(C) THE IDENTITY OF DEVELOPERS TO WHOM RIGHTS HAVE BEEN TRANSFERRED
PURSUANT TO SECTION NINETEEN HUNDRED TWO OF THIS TITLE; AND,
(D) THE RESULTING RENEWABLE ENERGY PRODUCTION.
2. THE AUTHORITY SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. A COPY OF
THE REPORT SHALL ALSO BE POSTED ON THE AUTHORITY'S WEBSITE.
§ 7. State power grid study and program to achieve CLCPA targets. 1.
As used in this section:
S. 7508--B 116 A. 9508--B
(a) "CLCPA targets" means the public policies established in the
climate leadership and community protection act enacted in chapter 106
of the laws of 2019, including the requirements that a minimum of 70%
statewide electric generation be produced by renewable energy systems by
2030, by the year 2040 the statewide electrical demand system will
generate zero emissions, and the state's jurisdictional load serving
entities will procure at least 9 gigawatts of offshore wind electricity
generation by 2035, 6 gigawatts of photovoltaic solar generation by
2025, and support 3 gigawatts of statewide energy storage capacity by
2030, as such policies may from time to time be amended.
(b) "Commission" means the public service commission.
(c) "Department" means the department of public service.
(d) "Distribution upgrade" means a new distribution facility or an
improvement, enhancement, replacement, or other modification to the
electric power grid at the distribution level in a utility's service
territory that facilitates achievement of the CLCPA targets.
(e) "Local transmission upgrade" means a new transmission facility
that is identified within a utility's local transmission capital plan,
an upgrade to a local transmission facility as defined in the tariff of
the state grid operator, or an improvement, enhancement, replacement, or
other modification to a transmission facility in a utility's service
territory that facilitates achievement of the CLCPA targets.
(f) "Major renewable energy facility" has the same meaning as in para-
graph (g) of subdivision 2 of section 94-c of the executive law.
(g) "Bulk transmission investment" means a new transmission facility
or an improvement, enhancement, replacement, or other modification to
the state's bulk electric transmission grid that facilitates achievement
of the CLCPA targets and includes without limitation alternating current
facilities and high voltage direct current facilities, including subma-
rine transmission facilities.
(h) "State grid operator" means the federally designated electric bulk
system operator for New York state.
(i) "Utility" means an electric transmission or delivery utility or
any other person owning or maintaining an electric transmission or
delivery system, over which the commission has jurisdiction.
2. The department, in consultation with the New York state energy
research and development authority, the power authority of the state of
New York, the Long Island power authority, the state grid operator, and
the utilities shall undertake a comprehensive study for the purpose of
identifying distribution upgrades, local transmission upgrades and bulk
transmission investments that are necessary or appropriate to facilitate
the timely achievement of the CLCPA targets (collectively, "power grid
study"). The power grid study shall identify needed distribution
upgrades and local transmission upgrades for each utility service terri-
tory and separately address needed bulk transmission system investments.
In performing the study, the department may consider such issues it
determines to be appropriate including by way of example system reli-
ability; safety; cost-effectiveness of upgrades and investments in
promoting development of major renewable energy facilities and relieving
or avoiding constraints; and factors considered by the office of renewa-
ble energy siting in issuing and enforcing renewable energy siting
permits pursuant to section 94-c of the executive law. In carrying out
the study, the department shall gather input from owners and developers
of competitive transmission projects, the state grid operator, and
providers of transmission technology and smart grid solutions and to
utilize information available to the department from other pertinent
S. 7508--B 117 A. 9508--B
studies or research relating to modernization of the state's power grid.
To enable the state to meet the CLCPA targets in an orderly and cost-ef-
fective manner, the department may issue findings and recommendations as
part of the power grid study at reasonable intervals but shall make an
initial report of findings and recommendations within 270 days of the
effective date of this section.
3. The commission shall, within 60 days of the initial findings and
recommendations required by subdivision two of this section, or at such
earlier time as the commission determines to be appropriate, commence a
proceeding to establish a distribution and local transmission capital
plan for each utility in whose service territory the power grid study
identified distribution upgrades and local transmission upgrades that
the department determines are necessary or appropriate to achieve the
CLCPA targets (the "state distribution and local transmission upgrade
programs"). The state distribution and local transmission upgrade
programs shall establish a prioritized schedule upon which each such
upgrade shall be accomplished. Concurrently, the Long Island power
authority shall establish a capital program to address identified
distribution and local transmission upgrades in its service territory.
4. The commission shall, within 60 days of the initial findings and
recommendations required by subdivision two of this section, commence a
proceeding to establish a bulk transmission system investment program,
consistent with the commissions siting authority in article 7 of the
public service law that identifies bulk transmission investments that
the commission determines are necessary or appropriate to achieve the
CLCPA targets (the "state bulk transmission investment plan"). The
commission shall establish a prioritized schedule for implementation of
the state bulk transmission investment plan and, in particular shall
identify projects which shall be completed expeditiously to meet the
CLCPA targets. The state bulk transmission investment plan shall be
submitted by the commission to the state grid operator for appropriate
incorporation into the state grid operator's studies and plans. The
commission shall utilize the state grid operator's public policy trans-
mission planning process to select a project necessary for implementa-
tion of the state bulk transmission investment plan, and shall identify
such projects no later than eight months following a notice of the state
grid operator's public policy transmission planning process cycle,
except that for those projects for which the commission determines there
is a need to proceed expeditiously to promote the state's public policy
goals, such projects shall be designated and proceed in accordance with
subdivision five of this section. The commission shall periodically
review and update the state bulk transmission investment plan, and its
designation of projects in that plan which shall be completed expe-
ditiously.
5. The legislature finds and determines that timely development of the
bulk transmission investments identified in the state bulk transmission
investment plan is in the public interest of the people of the state of
New York. The legislature further finds and determines that the power
authority of the state of New York ("power authority") owns and operates
backbone electric transmission assets in New York, has rights-of-way
that can support in whole or in part bulk transmission investment
projects, and has the financial stability, access to capital, technical
expertise and experience to effectuate expeditious development of bulk
transmission investments needed to help the state meet the CLCPA
targets, and thus it is appropriate for the power authority as deemed
feasible and advisable by its trustees, by itself or in collaboration
S. 7508--B 118 A. 9508--B
with other parties as it determines to be appropriate, to develop those
bulk transmission investments found by the commission to be needed expe-
ditiously to achieve CLCPA targets ("priority transmission projects").
The power authority shall, through a public process, solicit interest
from potential co-participants in each project it has agreed to develop
and assess whether any joint development would provide for significant
additional benefits in achieving the CLCPA targets. The power authority
may thereafter determine to undertake the development of the project on
its own, or undertake the project jointly with one or more other parties
on such terms and conditions as the power authority finds to be appro-
priate and, notwithstanding any other law to the contrary, enter into
such agreements and take such other actions the power authority deter-
mines to be necessary in order to undertake and complete timely develop-
ment of the project. The intent of this act is for the power authority
to develop priority transmission projects authorized in this subdivi-
sion. For priority projects that the authority determines to undertake
and that are not substantially within the power authority's existing
rights of way, the authority shall, as deemed feasible and advisable by
its board of trustees, select private sector participants through a
competitive bidding process, provided however that priority transmission
projects is not intended to include generation lead lines, or repairs
to, replacement of or upgrades to the power authority's own transmission
assets.
6. For the state distribution and local transmission upgrade program,
the commission shall address implementation of such upgrades pursuant to
the existing processes under the public service law. The department
shall also make recommendations to the Long Island power authority for
upgrades for purposes of assisting the state to achieve the CLCPA
targets.
7. No later than January 1, 2023, and every 4 years thereafter, the
commission shall, after notice and provision for the opportunity to
comment, issue a comprehensive review of the actions taken pursuant to
this section and their impacts on grid congestion and achievement of the
CLCPA targets, and shall institute new proceedings as the commission
determines to be necessary to address any deficiencies identified there-
with.
8. The power authority of the state of New York and the New York state
energy research and development authority, are each authorized, as
deemed feasible and advisable by their respective boards, to contribute
to the cost of the power grid study required by subdivision two of this
section.
9. Nothing in this section is intended to:
(a) limit, impair, or affect the legal authority of the power authori-
ty that existed as of the effective date of this section; or
(b) limit the authority of the power authority to undertake any trans-
mission project, including bulk transmission investments, and recover
costs under any other process or procedure authorized by state or feder-
al law as the authority determines to be appropriate.
§ 8. Host community benefit. 1. Definitions. As used in this section,
the following terms shall have the following meanings:
(a) "Renewable host community" shall mean any municipality within
which a major renewable energy facility defined in paragraph (h) of
subdivision 2 of section 94-c of the executive law, or any portion ther-
eof, has been proposed for development.
(b) "Renewable owner" shall mean the owner of a major renewable energy
facility constructed after the effective date of this section that is
S. 7508--B 119 A. 9508--B
proposed to be located in a host community, for which the New York state
energy research and development authority has executed an agreement for
the acquisition of environmental attributes related to a solicitation
issued by such authority after the effective date of this section.
(c) "Utility" means an electric distribution utility regulated pursu-
ant to section 66 of the public service law and serving customers within
a host community.
2. The public service commission shall, within 60 days from the effec-
tive date hereof, commence a proceeding to establish a program under
which renewable owners would fund a program to provide a discount or
credit on the utility bills of the utility's customers in a renewable
host community, or a compensatory or environmental benefit to such
customers. Such proceeding shall determine the amount of such discount,
credit, compensatory or environmental benefit based on all factors
deemed appropriate by the commission, including the expected average
electrical output of the facility, the average number of customers with-
in the renewable host community, and the expected aggregate annual elec-
tric consumption within such renewable host community, the potential
impact on environmental justice communities, and the role of utilities,
if any, in implementing any aspect of such program. The Long Island
power authority shall establish a program for renewable facilities in
its service territory to achieve the same objectives.
§ 9. Subdivision 3 of section 123 of the public service law, as added
by chapter 252 of the laws of 2002, is amended to read as follows:
3. Unless otherwise stipulated by the applicant[, a final determi-
nation regarding an application for a certificate to construct trans-
mission facilities for interconnection with a wind energy production
facility located in the county of Lewis shall be rendered within six
months from the date of receipt of a compliant application.]:
(A) PROCEEDINGS ON AN APPLICATION FOR A MAJOR UTILITY TRANSMISSION
FACILITY AS DEFINED IN PARAGRAPH A OF SUBDIVISION TWO OF SECTION ONE
HUNDRED TWENTY OF THIS ARTICLE SHALL BE COMPLETED IN ALL RESPECTS,
INCLUDING A FINAL DECISION BY THE COMMISSION, WITHIN TWELVE MONTHS FROM
THE DATE OF A DETERMINATION BY THE SECRETARY OF THE COMMISSION THAT AN
APPLICATION COMPLIES WITH SECTION ONE HUNDRED TWENTY-TWO OF THIS ARTI-
CLE; PROVIDED, HOWEVER, THE COMMISSION MAY EXTEND THE DEADLINE IN
REASONABLE CIRCUMSTANCES BY NO MORE THAN SIX MONTHS IN ORDER TO GIVE
CONSIDERATION TO SPECIFIC ISSUES NECESSARY TO DEVELOP AN ADEQUATE
RECORD, BECAUSE THE APPLICANT HAS BEEN UNABLE TO OBTAIN NECESSARY
APPROVALS AND/OR CONSENTS RELATED TO HIGHWAY CROSSINGS OR FOR OTHER
REASONS DEEMED IN THE PUBLIC INTEREST. THE COMMISSION SHALL RENDER A
FINAL DECISION ON THE APPLICATION BY THE AFOREMENTIONED DEADLINES UNLESS
SUCH DEADLINES ARE WAIVED BY THE APPLICANT OR IF THE APPLICANT NOTICES
THE APPLICATION FOR SETTLEMENT, IN WHICH CASE THE TIMEFRAMES ESTABLISHED
IN THIS PARAGRAPH ARE TOLLED UNTIL SUCH TIME THAT SETTLEMENT DISCUSSIONS
ARE SUSPENDED. IF, AT ANY TIME SUBSEQUENT TO THE COMMENCEMENT OF THE
HEARING, THERE IS A SUBSTANTIVE AND SIGNIFICANT AMENDMENT TO THE APPLI-
CATION, THE COMMISSION SHALL PROMPTLY FIX A DATE FOR COMMENCEMENT OF A
PUBLIC HEARING THEREON, SUCH PUBLIC HEARING TO COMMENCE NO LATER THAN
SIXTY DAYS AFTER RECEIPT OF SUCH AMENDMENT. THE COMMISSION SHALL ISSUE A
FINAL DECISION THEREON NO LATER THAN SIX MONTHS AFTER THE CONCLUSION OF
THE PUBLIC HEARING, UNLESS SUCH DEADLINE IS WAIVED BY THE APPLICANT.
(B) THE COMMISSION SHALL, FOR THE PURPOSE OF MEETING THE GOALS OF
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, PROMULGATE
RULES OR REGULATIONS TO ESTABLISH AN EXPEDITED PROCESS FOR PROCEEDINGS
ON APPLICATIONS FOR A MAJOR UTILITY TRANSMISSION FACILITY AS DEFINED IN
S. 7508--B 120 A. 9508--B
PARAGRAPH A OF SUBDIVISION TWO OF SECTION ONE HUNDRED TWENTY OF THIS
ARTICLE THAT (I) WOULD BE CONSTRUCTED WITHIN EXISTING RIGHTS-OF-WAY,
(II) THE COMMISSION DETERMINES IN CONSULTATION WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION WOULD NOT RESULT IN ANY SIGNIFICANT ADVERSE
ENVIRONMENTAL IMPACTS CONSIDERING CURRENT USES AND CONDITIONS EXISTING
AT THE SITE, OR (III) WOULD NECESSITATE EXPANDING THE EXISTING RIGHTS-
OF-WAY BUT SUCH EXPANSION IS ONLY FOR THE PURPOSE OF COMPLYING WITH LAW,
REGULATIONS, OR INDUSTRY PRACTICES RELATING TO ELECTROMAGNETIC FIELDS.
(C) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "EXPEDITED PROCESS" SHALL MEAN A PROCESS FOR PROCEEDINGS ON APPLI-
CATIONS FOR A MAJOR ELECTRIC TRANSMISSION FACILITY THAT IS COMPLETED IN
ALL RESPECTS, INCLUDING A FINAL DECISION BY THE COMMISSION, WITHIN NINE
MONTHS FROM THE DATE OF A DETERMINATION BY THE SECRETARY OF THE COMMIS-
SION THAT AN APPLICATION COMPLIES WITH SECTION ONE HUNDRED TWENTY-TWO OF
THIS ARTICLE; PROVIDED, HOWEVER, THAT IF THE APPLICANT NOTICES THE
APPLICATION FOR SETTLEMENT, THE TIMEFRAME ESTABLISHED IN THIS PARAGRAPH
SHALL BE TOLLED UNTIL SUCH TIME THAT SETTLEMENT DISCUSSIONS ARE
SUSPENDED.
(II) "RIGHT-OF-WAY" SHALL MEAN (A) REAL PROPERTY THAT IS USED OR
AUTHORIZED TO BE USED FOR ELECTRIC UTILITY PURPOSES, OR (B) REAL PROPER-
TY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION OF THE STATE, A
DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING BY MEANS OF
OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO BE USED FOR
TRANSPORTATION OR CANAL PURPOSES.
§ 10. Paragraphs (c) and (d) of subdivision 1 of section 126 of the
public service law, paragraph (c) as amended by chapter 406 of the laws
of 1987 and paragraph (d) as amended by chapter 521 of the laws of 2015,
are amended to read as follows:
(c) that the facility [represents the minimum] AVOIDS OR MINIMIZES TO
THE EXTENT PRACTICABLE ANY SIGNIFICANT adverse environmental impact,
considering the state of available technology and the nature and econom-
ics of the various alternatives, and other pertinent considerations
including but not limited to, the effect on agricultural lands,
wetlands, parklands and river corridors traversed;
(d) that the facility [represents a minimum] AVOIDS OR MINIMIZES TO
THE EXTENT PRACTICABLE ANY SIGNIFICANT adverse impact on active farming
operations that produce crops, livestock and livestock products, as
defined in section three hundred one of the agriculture and markets law,
considering the state of available technology and the nature and econom-
ics of various alternatives, and the ownership and easement rights of
the impacted property;
§ 11. Notwithstanding section 2897 of the public authorities law, the
power authority of the state of New York and the New York state energy
research and development authority may each negotiate and enter into
agreements with other parties providing for the conveyance of interests
in real property provided that in the case of any such conveyance such
entity determines that the conveyance will further the purposes of this
act or provide other benefits to the entity or the state.
§ 12. The environmental conservation law is amended by adding a new
section 11-0535-c to read as follows:
§ 11-0535-C. ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND.
1. THE DEPARTMENT IS HEREBY AUTHORIZED TO UTILIZE FUNDS IN THE ENDAN-
GERED AND THREATENED SPECIES MITIGATION BANK FUND, ESTABLISHED PURSUANT
TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW, FOR THE PURPOSES OF
S. 7508--B 121 A. 9508--B
IMPLEMENTING AN ENDANGERED AND THREATENED SPECIES MITIGATION PLAN
APPROVED BY THE DEPARTMENT.
2. SUCH FUND SHALL CONSIST OF CONTRIBUTIONS, IN AN AMOUNT DETERMINED
BY THE DEPARTMENT, DEPOSITED BY AN APPLICANT GRANTED A SITING PERMIT TO
CONSTRUCT A MAJOR RENEWABLE ENERGY FACILITY, WHERE SUCH APPLICANT HAS
BEEN ORDERED TO MITIGATE HARM TO A THREATENED OR ENDANGERED SPECIES OR
ITS HABITAT.
3. IN ADMINISTERING THE PROVISIONS OF THIS ARTICLE, THE COMMISSIONER:
A. MAY, IN THE NAME OF THE STATE, ENTER INTO CONTRACTS WITH NOT-FOR-
PROFIT CORPORATIONS, PRIVATE OR PUBLIC UNIVERSITIES, AND PRIVATE
CONTRACTORS FOR SERVICES CONTEMPLATED BY THIS TITLE. SUCH CONTRACTS
SHALL BE SUBJECT TO APPROVAL BY THE STATE COMPTROLLER AND, AS TO FORM,
BY THE ATTORNEY GENERAL.
B. SHALL APPROVE VOUCHERS FOR PAYMENTS PURSUANT TO AN APPROVED
CONTRACT. ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER;
C. MAY, IN THE NAME OF THE STATE, ENTER INTO CONTRACTS WITH A NOT-FOR-
PROFIT CORPORATION TO ADMINISTER GRANTS MADE PURSUANT TO THIS TITLE,
INCLUDING THE APPROVAL AND PAYMENT OF VOUCHERS FOR APPROVED CONTRACTS;
AND
D. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROP-
ER, OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
POWERS OF THE COMMISSIONER OR ANY OTHER AGENCY PURSUANT TO ANY OTHER
PROVISION OF LAW.
5. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE ANY REGU-
LATIONS DEEMED NECESSARY TO IMPLEMENT THIS SECTION.
§ 13. The state finance law is amended by adding a new section 99-hh
to read as follows:
§ 99-HH. ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
THE "ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION 11-0535-C OF THE ENVIRONMENTAL CONSERVATION LAW
AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. ALL MONEYS DEPOSITED IN THE ENDANGERED AND THREATENED SPECIES MITI-
GATION BANK FUND SHALL BE AVAILABLE FOR PROJECTS UNDERTAKEN TO FACILI-
TATE A NET CONSERVATION BENEFIT TO ENDANGERED AND THREATENED SPECIES
POTENTIALLY IMPACTED BY A MAJOR RENEWABLE ENERGY FACILITY.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION.
§ 14. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
§ 15. This act shall take effect immediately and shall expire December
31, 2030 when upon such date this act shall be deemed repealed; provided
that such repeal shall not affect or impair any act done, any applica-
tion filed, any right, permit or authorization awarded, accrued,
received or acquired, or any liability incurred, prior to the time such
repeal takes effect, and provided further that any project for which the
S. 7508--B 122 A. 9508--B
New York state energy research and development authority has expended,
or committed to a third party to expend, funds towards the development
of a build-ready site prior to such repeal shall be permitted to contin-
ue in accordance with title 9-B of article 8 of the public authorities
law notwithstanding such repeal; provided further that any bulk trans-
mission investments the power authority of the state of New York has
notified the public service commission of its intent to develop individ-
ually or jointly prior to such repeal shall be permitted to continue
under this act notwithstanding such repeal, and provided further that on
the effective date of this act, the office of renewable energy siting
shall be authorized to promulgate any rules or regulations necessary to
implement section four of this act.
PART KKK
Section 1. Subdivision 1 of section 436 of the economic development
law, as added by section 1 of part A of chapter 68 of the laws of 2013,
is amended to read as follows:
1. A campus, university or college that has sponsored a tax-free NY
area (including any strategic state asset affiliated with the campus,
university or college) shall solicit and accept applications from busi-
nesses to locate in such area that are consistent with the plan of such
campus, university or college or strategic state asset that has been
approved pursuant to section four hundred thirty-five of this article.
Any business that wants to locate in a tax-free NY area must submit an
application to the campus, university or college which is sponsoring the
tax-free NY area by December thirty-first, two thousand [twenty] TWEN-
TY-FIVE. Prior to such date, the commissioner shall prepare an evalu-
ation on the effectiveness of the START-UP NY program and deliver it to
the governor and the legislature to determine continued eligibility for
application submissions.
§ 2. This act shall take effect immediately.
PART LLL
Section 1. Section 1265 of the public authorities law is amended by
adding a new subdivision 3-a to read as follows:
3-A. (A) TO BORROW MONEY, TO ISSUE NEGOTIABLE NOTES, BONDS OR OTHER
OBLIGATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF, IN THE
FISCAL YEARS OF THE AUTHORITY BEGINNING IN TWO THOUSAND TWENTY THROUGH
TWO THOUSAND TWENTY-TWO TO OFFSET DECREASES IN REVENUE, INCLUDING BUT
NOT LIMITED TO, LOST TAXES, FEES, CHARGES, FARES AND TOLLS, OR INCREASES
IN OPERATING COSTS OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE
NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPORATIONS AND THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY DUE IN WHOLE OR IN PART TO THE
STATE DISASTER EMERGENCY CAUSED BY THE NOVEL CORONAVIRUS, COVID-19;
PROVIDED, THAT SUCH NOTES, BONDS OR OTHER OBLIGATIONS SHALL BE ISSUED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWELVE HUNDRED SIXTY-NINE OF
THIS TITLE, EXCEPT THAT THE LAST SENTENCE OF SUBDIVISION TWO THEREOF
RELATING TO THE APPROVAL OF THE COMPTROLLER OR THE DIRECTOR OF THE BUDG-
ET, AS APPLICABLE, FOR PRIVATE SALES, AND SUBDIVISION TWELVE THEREOF,
AND THE PROVISIONS OF SECTION TWELVE HUNDRED SIXTY-NINE-B OF THIS TITLE,
SHALL NOT BE APPLICABLE WITH RESPECT TO NOTES, BONDS OR OTHER OBLI-
GATIONS ISSUED FOR SUCH PURPOSES. NO SALE OF SUCH NOTES, BONDS OR OTHER
OBLIGATIONS OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY, HOWEVER,
PRIOR TO THE EARLIER OF (I) SEVEN DAYS FOLLOWING THE RECEIPT BY THE
S. 7508--B 123 A. 9508--B
STATE COMPTROLLER OF NOTICE BY THE AUTHORITY OF SUCH PROPOSED SALE AND
THE TERMS THEREOF OR (II) THE RECEIPT BY THE AUTHORITY OF THE STATE
COMPTROLLER'S COMMENTS ON SUCH PROPOSED SALE AND THE TERMS THEREOF.
ADDITIONALLY, NO SALE OF SUCH NOTES, BONDS OR OTHER OBLIGATIONS OF THE
AUTHORITY MAY BE SOLD BY THE AUTHORITY, HOWEVER, UNLESS SUCH SALE AND
THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING BY THE DIRECTOR OF THE
BUDGET. THE PROCEEDS OF THE SALE OF SUCH NOTES, BONDS OR OTHER OBLI-
GATIONS SHALL BE TAKEN INTO CONSIDERATION AS "REVENUE AND ANY OTHER
FUNDS OR PROPERTY ACTUALLY AVAILABLE TO THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS" WITHIN THE MEANING OF SUBDIVISION THREE OF SECTION TWELVE
HUNDRED SIXTY-SIX OF THIS TITLE. THE AGGREGATE PRINCIPAL AMOUNT OF
BONDS, NOTES OR OTHER OBLIGATIONS ISSUED PURSUANT TO THIS SUBDIVISION
SHALL NOT EXCEED TEN BILLION DOLLARS.
(B) THE AUTHORITY SHALL REPORT ON ANY ISSUANCES OR OBLIGATIONS
INCURRED RELATED TO PARAGRAPH (A) OF THIS SUBDIVISION. SUCH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, AN EXPLANATION OF EACH NOTE, BOND, OR
OBLIGATION AND THEIR RESPECTIVE VALUES ISSUED BY THE AUTHORITY PURSUANT
TO DECREASES IN REVENUE IN WHOLE OR IN PART DUE TO THE STATE DISASTER
EMERGENCY CAUSED BY NOVEL CORONAVIRUS, COVID-19. THE REPORT SHALL ALSO
PROVIDE: (I) DETAILS OF SUCH DECREASES IN REVENUE IN WHOLE, (II) DETAILS
OF SUCH DECREASES IN REVENUE IN PART, (III) DETAILS OF SUCH INCREASES IN
COSTS, (IV) THE METHODOLOGY USED BY THE AUTHORITY OR METROPOLITAN TRANS-
PORTATION AUTHORITY TO CALCULATE SUCH CHANGES, (V) AN EXPLANATION FOR
ATTRIBUTING A PARTICULAR INCREASE IN COST OR A PARTICULAR DECREASE IN
REVENUE, TO THE STATE DISASTER EMERGENCY CAUSED BY CORONAVIRUS, COVID-
19, AND (VI) HOW THE AUTHORITY DETERMINED THAT THE PARTICULAR NOTE,
BOND, OR OBLIGATION ISSUED WAS ITS MOST DESIRED OPTION. SUCH REPORT
SHALL BE POSTED ON THE AUTHORITY'S WEBSITE AND BE SUBMITTED TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MAYOR AND COUNCIL OF THE CITY OF NEW YORK, THE METROPOL-
ITAN TRANSPORTATION AUTHORITY BOARD, AND THE METROPOLITAN TRANSPORTATION
AUTHORITY CAPITAL PROGRAM REVIEW BOARD.
§ 2. This act shall take effect immediately, provided that paragraph
(a) of subdivision 3-a of section 1265 of the public authorities law as
added by section one of this act shall expire and be deemed repealed
three years after such effective date, provided that such repeal shall
not affect the terms of any notes, bonds, or other obligations issued
prior to such repeal.
PART MMM
Section 1. Subdivisions 2 and 4 of section 553-j of the public author-
ities law, as added by section 5 of subpart A of part ZZZ of chapter 59
of the laws of 2019, are amended to read as follows:
2. Monies in the fund shall be applied, subject to agreements with
bondholders and applicable federal law, to the payment of operating,
administration, and other necessary expenses of the authority, or to the
city of New York subject to the memorandum of understanding executed
pursuant to subdivision two-a of section seventeen hundred four of the
vehicle and traffic law properly allocable to such program, including
the planning, designing, constructing, installing or maintaining of the
central business district tolling program, including, without limita-
tion, the central business district tolling infrastructure, the central
business district tolling collection system and the central business
district tolling customer service center, and the costs of any metropol-
itan transportation authority capital projects included within the 2020
S. 7508--B 124 A. 9508--B
to 2024 MTA capital program or any successor programs. Monies in the
fund may be: (a) pledged by the authority to secure and be applied to
the payment of the bonds, notes or other obligations of the authority to
finance the costs of the central business district tolling program,
including, without limitation, the central business district tolling
infrastructure, the central business district tolling collection system
and the central business district tolling customer service center, and
the costs of any metropolitan transportation authority capital projects
included within the 2020 to 2024 MTA capital program or any successor
programs, including debt service, reserve requirements, if any, the
payment of amounts required under bond and note facilities or agreements
related thereto, the payment of federal government loans, security or
credit arrangements or other agreements related thereto; or (b) used by
the authority for the payment of such capital costs of the central busi-
ness district tolling program and the costs of any metropolitan trans-
portation authority capital projects included within the 2020 to 2024
MTA capital program or any successor programs; or (c) transferred to the
metropolitan transportation authority and (1) pledged by the metropol-
itan transportation authority to secure and be applied to the payment of
the bonds, notes or other obligations of the metropolitan transportation
authority to finance the costs of any metropolitan transportation
authority capital projects included within the 2020 to 2024 MTA capital
program or any successor programs, including debt service, reserve
requirements, if any, the payment of amounts required under bond and
note facilities or agreements related thereto, the payment of federal
government loans, security or credit arrangements or other agreements
related thereto, or (2) used by the metropolitan transportation authori-
ty for the payment of the costs of any metropolitan transportation
authority capital projects included within the 2020 to 2024 MTA capital
program or any successor programs, OR (3) SUBJECT TO APPROVAL BY THE
BOARD OF THE METROPOLITAN TRANSPORTATION AUTHORITY AND THE DIRECTOR OF
THE BUDGET, USED BY THE METROPOLITAN TRANSPORTATION AUTHORITY IN ALL OR
ANY OF THE FISCAL YEARS OF THE AUTHORITY BEGINNING IN 2020 THROUGH 2021
TO OFFSET DECREASES IN REVENUE, INCLUDING BUT NOT LIMITED TO, LOST
TAXES, FEES, CHARGES, FARES AND TOLLS, DUE IN WHOLE OR IN PART, OR
INCREASES IN OPERATING COSTS DUE IN WHOLE TO THE STATE DISASTER EMERGEN-
CY CAUSED BY THE NOVEL CORONAVIRUS, COVID-19. Such revenues shall only
supplement and shall not supplant any federal, state, or local funds
expended by the authority or the metropolitan transportation authority,
or such authority's or metropolitan transportation authority's affil-
iates or subsidiaries for such respective purposes. Central business
district toll revenues may be used as required to obtain, utilize, or
maintain federal authorization to collect tolls on federal aid highways.
PROVIDED FURTHER THAT, IN THE EVENT THE AUTHORITY OR METROPOLITAN TRANS-
PORTATION AUTHORITY RECEIVES FUNDS OR REIMBURSEMENTS, INCLUDING WITHOUT
LIMITATION FROM THE FEDERAL GOVERNMENT OR INSURANCE MAINTAINED BY THE
AUTHORITY OR METROPOLITAN TRANSPORTATION AUTHORITY, DUE IN WHOLE OR IN
PART TO THE NOVEL CORONAVIRUS, COVID-19, ANY MONIES FROM THE FUND USED
TO OFFSET DECREASES IN REVENUE OR INCREASES IN OPERATING COSTS DUE IN
WHOLE OR IN PART TO THE STATE DISASTER EMERGENCY CAUSED BY THE NOVEL
CORONAVIRUS, COVID-19, SHALL BE REPAID AFTER THE AUTHORITY OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY FULLY REPAYS ANY PUBLIC OR PRIVATE
BORROWINGS, DRAWS ON ANY LINES OF CREDIT, ISSUANCES OF REVENUE ANTIC-
IPATION NOTES, ANY INTERNAL LOANS, AND USE OF CORPUS OF OPEB TRUST TO
PAY CURRENT RETIREE HEALTHCARE COST NECESSITATED BY COVID-19 REVENUE
SHORTFALL. SUCH OBLIGATION TO REPAY SHALL BE LIMITED TO THE AVAILABILITY
S. 7508--B 125 A. 9508--B
OF ANY EXCESS MONIES, AND ANY SUCH FUNDS OR REIMBURSEMENTS IN EXCESS OF
THE AMOUNTS NEEDED TO FULLY REPAY SUCH AMOUNTS SHALL BE TRANSFERRED TO
THE FUND AND USED FOR THE PURPOSES ORIGINALLY INTENDED FOR SUCH FUND.
4. The authority shall report annually on all receipts and expendi-
tures of the fund. The report shall detail operating expenses of the
central business district tolling program and all fund expenditures
including capital projects. IF, DURING THE PERIOD OF THE REPORT, ANY
MONIES IN THE FUND WERE USED BY THE AUTHORITY OR THE METROPOLITAN TRANS-
PORTATION AUTHORITY TO OFFSET DECREASES IN REVENUE LOST IN WHOLE OR IN
PART DUE TO THE STATE DISASTER EMERGENCY CAUSED BY NOVEL CORONAVIRUS,
COVID-19, OR INCREASES IN OPERATING COSTS IN WHOLE DUE TO THE NOVEL
CORONAVIRUS, COVID-19, THE REPORT SHALL ALSO PROVIDE: (A) DETAILS OF
SUCH DECREASES IN REVENUE IN WHOLE, (B) DETAILS OF SUCH DECREASES IN
REVENUE IN PART, (C) DETAILS OF SUCH INCREASES IN COSTS, (D) THE METHOD-
OLOGY USED BY THE AUTHORITY OR METROPOLITAN TRANSPORTATION AUTHORITY TO
CALCULATE SUCH CHANGES, AND (E) EXPLANATION FOR ATTRIBUTING A PARTICULAR
INCREASE IN COST OR A PARTICULAR DECREASE IN REVENUE, TO THE STATE
DISASTER EMERGENCY CAUSED BY CORONAVIRUS, COVID-19. The report shall be
readily available to the public, and shall be posted on the authority's
website and be submitted to the governor, the temporary president of the
senate, the speaker of the assembly, THE COMPTROLLER, THE DIRECTOR OF
THE BUDGET, the mayor and council of the city of New York, the metropol-
itan transportation authority board, and the metropolitan transportation
authority capital program review board.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 553-j of the public authori-
ties law made by section one of this act shall expire and be deemed
repealed two years after such effective date; and provided further, that
such repeal shall not affect the terms of any bonds, notes, or other
obligations issued prior to such repeal.
PART NNN
Section 1. Section 9.51 of the mental hygiene law, as added by chapter
947 of the laws of 1981, subdivision (b) as amended by chapter 465 of
the laws of 1992, subdivision (c) as amended by chapter 230 of the laws
of 2004, the opening paragraph of subdivision (d) as amended by chapter
273 of the laws of 1986, subdivision (f) as amended by chapter 401 of
the laws of 2006, and the closing paragraph of subdivision (g) as
amended by section 66 of part A of chapter 3 of the laws of 2005, is
amended to read as follows:
§ 9.51 Residential treatment facilities for children and youth; admis-
sions.
(a) The director of a residential treatment facility for children and
youth, AS DEFINED BY SECTION 1.03 OF THIS CHAPTER, may receive as a
patient a person UNDER THE AGE OF TWENTY-ONE in need of care and treat-
ment in such a facility who has been [certified as needing] DETERMINED
APPROPRIATE FOR such care [by the pre-admission certification committee
serving the facility] and TREATMENT in accordance with STANDARDS AND
priorities for admission established by [such committee, as provided by
this section. Subject to the provisions of this section, the provisions
of this article shall apply to admission and retention of patients to
residential treatment facilities for children and youth] THE OFFICE IN
REGULATIONS IN ACCORDANCE WITH FEDERAL REGULATIONS.
(b) Persons admitted as in-patients to hospitals operated by the
office of mental health upon the application of the [director of the
S. 7508--B 126 A. 9508--B
division for youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES pursuant to section five hundred nine of the executive law or
353.4 of the family court act who are not subject to a restrictive
placement pursuant to section 353.5 of the family court act, may, if
appropriate, and subject to the provisions of subdivision (d) of this
section, be transferred to a residential treatment facility for children
and youth. The [director of the division for youth] COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES shall be notified of any such
transfer. When appropriate, the director of the residential treatment
facility may arrange the return of a patient so transferred to the
hospital or the transfer of a patient to another hospital or, in accord-
ance with subdivision four of section five hundred nine of the executive
law[, to the division for youth] TO THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.
(c) The commissioner shall [designate pre-admission certification
committees for defined geographic areas to evaluate each person proposed
for admission or transfer to a residential treatment facility for chil-
dren and youth. When designating persons to serve on pre-admission
certification committees, the commissioners shall assure that the inter-
ests of the people residing in the area to be served by each committee
are represented. Such committees shall include a person designated by
the office of mental health, a person designated by the state commis-
sioner of social services and a person designated by the state commis-
sioner of education. The commissioner of mental health shall consult
with the conference of local mental hygiene directors and the commis-
sioner of social services shall consult with county commissioners of
social services in the area to be served by a committee prior to desig-
nating persons to serve on a committee. The commissioners may designate
persons who are not state employees to serve on pre-admission certif-
ication committees. Membership of pre-admission certification committees
shall be limited to persons licensed in accordance with the education
law to practice medicine, nursing, psychology, or licensed clinical
social work. In the event the persons originally designated to a commit-
tee by the commissioners do not include a physician, the commissioner
shall designate a physician to serve as an additional member of the
committee. Each pre-admission certification committee shall designate
five persons representing local governments, voluntary agencies, parents
and other interested persons who shall serve as an advisory board to the
committee] CONSULT WITH THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHIL-
DREN AND FAMILIES REGARDING THE ESTABLISHMENT OF AN ADVISORY BOARD. THE
ADVISORY BOARD SHALL INCLUDE, AS DEEMED APPROPRIATE BY THE COMMISSIONER
AND THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHILDREN AND FAMILIES,
REPRESENTATIVES OF THE MEMBERS OF THE COUNCIL ON CHILDREN AND FAMILIES
AS SPECIFIED IN SECTION FOUR HUNDRED EIGHTY-THREE OF THE SOCIAL SERVICES
LAW, LOCAL AGENCY REPRESENTATIVES UNDER THE JURISDICTION OF A MEMBER
AGENCY OF THE COUNCIL ON CHILDREN AND FAMILIES, FAMILY REPRESENTATIVES
WITH LIVED EXPERIENCE WITH RESIDENTIAL TREATMENT FACILITY SERVICES,
MEDICAL DIRECTORS FROM RESIDENTIAL TREATMENT FACILITIES, AND REPRESEN-
TATIVES FROM HOSPITALS WITH PEDIATRIC INPATIENT PSYCHIATRIC BEDS, THAT
IS NOT OPERATED BY THE STATE OFFICE OF MENTAL HEALTH. MEMBERS OF THE
ADVISORY BOARD SHALL BE REPRESENTATIVE OF THE RACIAL, ETHNIC, AND
GEOGRAPHIC DIVERSITY OF THE STATE. Such board shall have the right to
visit residential treatment facilities for children and youth [served by
the committee] and shall have the right to review clinical records
[obtained by the pre-admission certification committee] and shall be
bound by the confidentiality requirements of section 33.13 of this chap-
S. 7508--B 127 A. 9508--B
ter. THE ADVISORY BOARD SHALL ISSUE AN ANNUAL REPORT ON THE DISPOSITION
OF APPLICATIONS FOR ADMISSION TO RESIDENTIAL TREATMENT FACILITIES. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NUMBER OF CHILDREN THAT
APPLIED TO EACH RESIDENTIAL TREATMENT FACILITY, THE NUMBER OF CHILDREN
ADMITTED TO EACH RESIDENTIAL TREATMENT FACILITY, THE NUMBER OF CHILDREN
TRANSFERRED FROM A HOSPITAL OPERATED BY THE OFFICE OF MENTAL HEALTH AND
SUBSEQUENTLY TRANSFERRED TO ANOTHER HOSPITAL, THE AVERAGE LENGTH OF STAY
FOR RESIDENTS AT EACH RESIDENTIAL TREATMENT FACILITY, THE NUMBER OF
CHILDREN SERVED AT EACH RESIDENTIAL TREATMENT FACILITY, AND THE NUMBER
OF INVOLUNTARY PLACEMENTS AND/OR TRANSFERS FROM OFFICE OF MENTAL HEALTH
OPERATED INPATIENT FACILITIES WHICH OCCUR EACH CALENDAR YEAR. SUCH ANNU-
AL REPORT SHALL BE POSTED ON THE OFFICE OF MENTAL HEALTH'S WEBSITE AND
SUBMITTED TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE BY MARCH FIRST FOR THE PREVIOUS CALENDAR YEAR.
(d) [All applications] APPLICATIONS for admission or transfer of an
individual to a residential treatment facility for children and youth
[shall be referred to a pre-admission certification committee for] MUST
DOCUMENT THAT THERE HAS BEEN AN evaluation of the needs of the individ-
ual and [certification] A DETERMINATION of the individual's need for
treatment in a residential treatment facility for children and youth[.
Applications shall include an assessment of the individual's psychiat-
ric, medical and social needs prepared in accordance with a uniform
assessment method specified by the regulations of the commissioner. The
committee may at its discretion refer an applicant to a hospital or
other facility operated or licensed by the office for an additional
assessment. In the event of such an additional assessment of the indi-
vidual's needs, the facility conducting the assessment shall attempt to
receive all third party insurance or federal reimbursement available as
payment for the assessment. The state shall pay the balance of the fees
which may be charged by the provider in accordance with applicable
provisions of law. In addition, if necessary, in accordance with section
four thousand five of the education law, the pre-admission certification
committee shall obtain an evaluation of the educational needs of the
child by the committee on special education of the school district of
residence. The pre-admission certification committee shall review all
requests for evaluation and certification within thirty days of receipt
of a complete application and any additional assessments it may require
and, using a uniform assessment method specified by regulation of the
commissioner, evaluate the psychiatric, medical and social needs of the
proposed admittee and certify: (i) the individual's need for services in
a residential treatment facility for children and youth and (ii) the
immediacy of that need, given the availability of such services in the
area and the needs of other children evaluated by the committee and
certified as eligible for admission to a residential treatment facility
for children and youth who have not yet been admitted to such a facili-
ty. A pre-admission certification committee shall not certify an indi-
vidual for admission unless it finds that] AND THE APPROPRIATENESS OF
SUCH TREATMENT. IN THE CASE OF INDIVIDUALS WHO ARE APPLICANTS OR RECIPI-
ENTS OF MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF
THE SOCIAL SERVICES LAW, SUCH DETERMINATION SHALL ALSO INCLUDE CERTIF-
ICATION OF NEED FOR RESIDENTIAL TREATMENT FACILITY SERVICES IN ACCORD-
ANCE WITH THIS SECTION. WHERE CERTIFICATION IS REQUIRED, AN INDIVIDUAL
WILL BE CERTIFIED FOR ADMISSION IF:
(1) Available ambulatory care resources and other residential place-
ments do not meet the treatment needs of the individual;
S. 7508--B 128 A. 9508--B
(2) Proper treatment of the individual's psychiatric condition
requires in-patient care and treatment under the direction of a physi-
cian; and
(3) Care and treatment in a residential treatment facility for chil-
dren and youth can reasonably be expected to improve the individual's
condition or prevent further regression so that services will no longer
be needed, provided that a poor prognosis shall not in itself constitute
grounds for a denial of certification if treatment can be expected to
effect a change in prognosis. [All decisions of the committee to recom-
mend admission or priority of admission shall be based on the unanimous
vote of those present. The decision of the committee shall be reported
to the applicant.] DECISIONS TO RECOMMEND ADMISSION OR PRIORITY ADMIS-
SION SHALL OCCUR IN CONSULTATION WITH THE RESIDENTIAL TREATMENT FACILITY
AND BE BASED ON A DETERMINATION OF APPROPRIATENESS INCLUDING CONSIDER-
ATION OF FACILITY STAFFING, PATIENT MIX AND ACUITY AND THE IMPACT ON THE
SAFETY OF OTHER RESIDENTS. In the event [a committee] THE OFFICE evalu-
ates a child who is the subject of a proceeding currently pending in the
family court, the [committee] OFFICE shall report its decision to the
family court. PRIOR TO ADMISSION AND NO SOONER THAN FOURTEEN DAYS AFTER
ADMISSION, THE OFFICE OR ITS DESIGNEE MAY EVALUATE THE MEDICAL NECESSITY
AND QUALITY OF SERVICES FOR EACH MEDICAID MEMBER. IF THE OFFICE OR ITS
DESIGNEE DETERMINES THAT RESIDENTIAL TREATMENT SERVICES ARE NO LONGER
APPROPRIATE, THE DETERMINATION OF THE OFFICE OR ITS DESIGNEE SHALL BE
REPORTED TO THE FACILITY AND THE PERSON, OR THE PERSON'S LEGALLY AUTHOR-
IZED REPRESENTATIVE. SUCH DETERMINATION SHALL NOT BE EFFECTIVE RETROAC-
TIVELY.
No residential treatment facility for children and youth shall admit a
person who has not been DETERMINED APPROPRIATE AND WHERE APPROPRIATE,
certified [as suitable] for such admission [by the appropriate pre-ad-
mission certification committee]. Residential treatment facilities shall
admit [children in accordance with priorities for admission of children
most immediately in need of such services established by the pre-admis-
sion certification committee serving the facility in accordance with
standards established by the commissioner] INDIVIDUALS WHO HAVE BEEN
DESIGNATED AS PRIORITY ADMISSIONS BY THE OFFICE OR COMMISSIONER'S DESIG-
NEE.
(e) Notwithstanding any inconsistent provision of law, no government
agency shall make payments pursuant to title nineteen of the federal
social security act or articles five and six of the social services law
to a residential treatment facility for children and youth for service
to a person whose need for care and treatment in such a facility was not
certified pursuant to this section.
(f) No person shall be admitted to a residential treatment facility
for children and youth who has a mental illness which presents a likeli-
hood of serious harm to others; "likelihood of serious harm" shall mean
a substantial risk of physical harm to other persons as manifested by
recent homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm.
(g) Notwithstanding any other provision of law, [pre-admission certif-
ication committees] THE OFFICE OR COMMISSIONER'S DESIGNEE shall be enti-
tled to review clinical records maintained by any person or entity which
pertain to an individual on whose behalf an application is made for
admission to a residential treatment facility for children and youth.
Any clinical records received by [a pre-admission certification commit-
tee and all assessments submitted to the committee] THE OFFICE OR
COMMISSIONER'S DESIGNEE shall be kept confidential in accordance with
S. 7508--B 129 A. 9508--B
the provisions of section 33.13 of [the mental hygiene law, provided,
however, that the commissioner may have access to and receive copies of
such records for the purpose of evaluating the operation and effective-
ness of the committee] THIS CHAPTER.
Confidentiality of clinical records of treatment of a person in a
residential treatment facility for children and youth shall be main-
tained as required in section 33.13 of this chapter. That portion of the
clinical record maintained by a residential treatment facility for chil-
dren and youth operated by an authorized agency specifically related to
medical care and treatment shall not be considered part of the record
required to be maintained by such authorized agency pursuant to section
three hundred seventy-two of the social services law and shall not be
discoverable in a proceeding under section three hundred fifty-eight-a
of the social services law or article ten-A of the family court act
except upon order of the family court; provided, however, that all other
information required by a local social services district or the office
of children and family services for purposes of sections three hundred
fifty-eight-a, four hundred nine-e and four hundred nine-f of the social
services law and article ten-A of the family court act shall be
furnished on request, and the confidentiality of such information shall
be safeguarded as provided in section four hundred sixty-e of the social
services law.
§ 2. Subdivisions (b) and (c) of section 31.26 of the mental hygiene
law, as added by chapter 947 of the laws of 1981, are amended to read as
follows:
(b) The commissioner shall have the power to adopt rules and regu-
lations governing the establishment and operation of residential treat-
ment facilities for children and youth. Such rules and regulations shall
at least require, as a condition of issuance or retention of an operat-
ing certificate for a residential treatment facility for children and
youth, that admission of children into such facilities be in accordance
with priorities for admission of children most immediately in need of
such services [established by the pre-admission certification committee
serving the facility,] in accordance with [section 9.51 of this chapter]
STANDARDS ESTABLISHED BY THE COMMISSIONER WHICH SHALL BE IN ACCORDANCE
WITH FEDERAL REGULATIONS.
(c) The commissioner [and the commissioner of social services shall],
in consultation with the commissioner of education [and the director of
the division for youth,] AND THE COMMISSIONER OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES, SHALL adopt rules and regulations governing the
[operation of the pre-admission certification committees] STANDARDS FOR
ADMISSIONS OF INDIVIDUALS TO RESIDENTIAL TREATMENT FACILITIES required
in section 9.51 of this chapter IN ACCORDANCE WITH FEDERAL REGULATIONS.
§ 3. Subdivision (g) of section 9.27 of the mental hygiene law, as
added by chapter 947 of the laws of 1981, is amended to read as follows:
(g) Applications for involuntary admission of patients to residential
treatment facilities for children and youth or transfer of involuntarily
admitted patients to such facilities [shall] MAY be reviewed by the
[pre-admission certification committee] OFFICE OR COMMISSIONER'S DESIG-
NEE serving such facility in accordance with section 9.51 of this arti-
cle AND IN CONSULTATION WITH THE RESIDENTIAL TREATMENT FACILITY RECEIV-
ING AN INVOLUNTARY ADMISSION OR TRANSFER OF AN INVOLUNTARILY ADMITTED
PATIENT.
§ 4. This act shall take effect July 1, 2020 and shall apply to all
applications received on or after such effective date.
S. 7508--B 130 A. 9508--B
PART OOO
Section 1. Pursuant to section 7.18 of the mental hygiene law, the
office of mental health will establish a separate appointing authority
of secure treatment and rehabilitation center within the office of
mental health for the care and treatment of dangerous sex offenders
requiring confinement as described in article 10 of the mental hygiene
law. All office of mental health employees who are substantially engaged
in the care and treatment of article 10 sex offenders will be trans-
ferred to the secure treatment and rehabilitation center pursuant to
subdivision 2 of section 70 of the civil service law. Employees will
remain in their current geographic location, and civil service title and
status. Such separate appointing authority shall not prevent an office
of mental health employee that is providing care and treatment of arti-
cle 10 sex offenders to also provide care and treatment to other popu-
lations at office of mental health facilities.
§ 2. This act shall take effect immediately.
PART PPP
Section 1. Sections 19 and 21 of chapter 723 of the laws of 1989
amending the mental hygiene law and other laws relating to comprehensive
psychiatric emergency programs, as amended by section 1 of part I of
chapter 59 of the laws of 2016, are amended to read as follows:
§ 19. Notwithstanding any other provision of law, the commissioner of
mental health shall, until July 1, [2020] 2024, be solely authorized, in
his or her discretion, to designate those general hospitals, local
governmental units and voluntary agencies which may apply and be consid-
ered for the approval and issuance of an operating certificate pursuant
to article 31 of the mental hygiene law for the operation of a compre-
hensive psychiatric emergency program.
§ 21. This act shall take effect immediately, and sections one, two
and four through twenty of this act shall remain in full force and
effect, until July 1, [2020] 2024, at which time the amendments and
additions made by such sections of this act shall be deemed to be
repealed, and any provision of law amended by any of such sections of
this act shall revert to its text as it existed prior to the effective
date of this act.
§ 2. Subdivision (b) of section 9.40 of the mental hygiene law, as
added by chapter 723 of the laws of 1989, is amended and a new subdivi-
sion (a-1) is added to read as follows:
(A-1) THE DIRECTOR SHALL CAUSE TRIAGE AND REFERRAL SERVICES TO BE
PROVIDED BY A PSYCHIATRIC NURSE PRACTITIONER OR PHYSICIAN OF THE PROGRAM
AS SOON AS SUCH PERSON IS RECEIVED INTO THE COMPREHENSIVE PSYCHIATRIC
EMERGENCY PROGRAM. AFTER RECEIVING TRIAGE AND REFERRAL SERVICES, SUCH
PERSON SHALL BE APPROPRIATELY TREATED AND DISCHARGED, OR REFERRED FOR
FURTHER CRISIS INTERVENTION SERVICES INCLUDING AN EXAMINATION BY A
PHYSICIAN AS DESCRIBED IN SUBDIVISION (B) OF THIS SECTION.
(b) The director shall cause examination of such persons NOT
DISCHARGED AFTER THE PROVISION OF TRIAGE AND REFERRAL SERVICES to be
initiated by a staff physician of the program as soon as practicable and
in any event within six hours after the person is received into the
program's emergency room. Such person may be retained for observation,
care and treatment and further examination for up to twenty-four hours
if, at the conclusion of such examination, such physician determines
that such person may have a mental illness for which immediate observa-
S. 7508--B 131 A. 9508--B
tion, care and treatment in a comprehensive psychiatric emergency
program is appropriate, and which is likely to result in serious harm to
the person or others.
§ 3. Paragraphs 2 and 5 of subdivision (a), paragraph 1 and subpara-
graph (ii) of paragraph 2 of subdivision (b) of section 31.27 of the
mental hygiene law, paragraph 2 of subdivision (a) as added by chapter
723 of the laws of 1989, paragraph 5 of subdivision (a) as amended by
section 1 and paragraph 1 of subdivision (b) as amended by section 2 of
part M of chapter 57 of the laws of 2006 and subparagraph (ii) of para-
graph 2 of subdivision (b) as amended by section 2 of part E of chapter
111 of the laws of 2010, are amended and a new paragraph 12 is added to
subdivision (a) to read as follows:
(2) "Crisis intervention services" means [psychiatric emergency]
services provided in an emergency room located within a general hospi-
tal, which shall include BUT NOT BE LIMITED TO: psychiatric and medical
evaluations and assessments; prescription or adjustment of medication,
counseling, and other stabilization or treatment services intended to
reduce symptoms of mental illness[; extended observation beds; and other
on-site psychiatric emergency services] WHEN APPROPRIATE.
(5) "Extended observation bed" means an inpatient bed which is in or
adjacent to an emergency room located within a general hospital OR
SATELLITE FACILITY APPROVED BY THE COMMISSIONER, designed to provide a
safe environment for an individual who, in the opinion of the examining
physician, requires extensive evaluation, assessment, or stabilization
of the person's acute psychiatric symptoms, except that, if the commis-
sioner determines that the program can provide for the privacy and safe-
ty of all patients receiving services in a hospital, he or she may
approve the location of one or more such beds within another unit of the
hospital.
(12) "SATELLITE FACILITY" MEANS A MEDICAL FACILITY PROVIDING PSYCHIAT-
RIC EMERGENCY SERVICES THAT IS MANAGED AND OPERATED BY A GENERAL HOSPI-
TAL WHO HOLDS A VALID OPERATING CERTIFICATE FOR A COMPREHENSIVE PSYCHI-
ATRIC EMERGENCY PROGRAM AND IS LOCATED AWAY FROM THE CENTRAL CAMPUS OF
THE GENERAL HOSPITAL.
(1) The commissioner may license the operation of comprehensive
psychiatric emergency programs by general hospitals which are operated
by state or local governments or voluntary agencies. The provision of
such services in general hospitals may be located either within the
state or, with the approval of the commissioner and the director of the
budget and to the extent consistent with state and federal law, in a
contiguous state. The commissioner is further authorized to enter into
interstate agreements for the purpose of facilitating the development of
programs which provide services in another state. A comprehensive
psychiatric emergency program shall serve as a primary psychiatric emer-
gency service provider within a defined catchment area for persons in
need of psychiatric emergency services including persons who require
immediate observation, care and treatment in accordance with section
9.40 of this chapter. Each comprehensive psychiatric emergency program
shall provide or contract to provide psychiatric emergency services
twenty-four hours per day, seven days per week, including but not limit-
ed to: crisis intervention services, crisis outreach services, [crisis
residence services,] extended observation beds, and triage and referral
services.
(ii) a description of the program's psychiatric emergency services,
including BUT NOT LIMITED TO crisis intervention services, crisis
outreach services, [crisis residence services,] extended observation
S. 7508--B 132 A. 9508--B
beds, and triage and referral services, whether or not provided directly
or through agreement with other providers of services;
§ 4. Paragraphs 4 and 8 of subdivision (a) and subdivision (i) of
section 31.27 of the mental hygiene law are REPEALED.
§ 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided
however that:
(a) sections two through four of this act shall take effect on the one
hundred eightieth day after it shall have become a law;
(b) the amendments to section 19 of chapter 723 of the laws of 1989
amending the mental hygiene law and other laws relating to comprehensive
psychiatric emergency programs made by section one of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with;
(c) the amendments to section 9.40 of the mental hygiene law made by
section two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; and
(d) the amendments to section 31.27 of the mental hygiene law made by
section three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART QQQ
Section 1. The insurance law is amended by adding a new section 344 to
read as follows:
§ 344. MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY COMPLIANCE
PROGRAMS. PENALTIES COLLECTED FOR VIOLATIONS OF SECTION THREE THOUSAND
TWO HUNDRED SIXTEEN, THREE THOUSAND TWO HUNDRED TWENTY-ONE AND FOUR
THOUSAND THREE HUNDRED THREE OF THIS CHAPTER RELATED TO MENTAL HEALTH
AND SUBSTANCE USE DISORDER PARITY COMPLIANCE SHALL BE DEPOSITED IN A
FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE
LAW.
§ 2. The state finance law is amended by adding a new section 99-hh to
read as follows:
§ 99-HH. BEHAVIORAL HEALTH PARITY COMPLIANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER AND THE DEPARTMENT
OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE BEHAVIORAL
HEALTH PARITY COMPLIANCE FUND.
2. MONEYS IN THE BEHAVIORAL HEALTH PARITY COMPLIANCE FUND SHALL BE
KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN
THE CUSTODY OF THE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND
FINANCE. PROVIDED, HOWEVER THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR
IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION
WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLI-
GATIONS OF THE UNITED STATES OR THE STATE. THE PROCEEDS OF ANY SUCH
INVESTMENT SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR
PURPOSES OF THIS FUND.
3. SUCH FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOSITED
THERETO PURSUANT TO SECTION THREE HUNDRED FORTY-FOUR OF THE INSURANCE
LAW, SECTION FORTY-FOUR HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW OR ANY
OTHER PROVISION OF LAW, MONETARY GRANTS, GIFTS OR BEQUESTS RECEIVED BY
THE STATE, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE.
4. MONEYS OF THE FUND SHALL ONLY BE EXPENDED FOR INITIATIVES SUPPORT-
ING PARITY IMPLEMENTATION AND ENFORCEMENT ON BEHALF OF CONSUMERS,
INCLUDING THE BEHAVIORAL HEALTH OMBUDSMAN PROGRAM.
S. 7508--B 133 A. 9508--B
§ 3. Section 4414 of the public health law, as added by chapter 2 of
the laws of 1998, and as further amended by section 104 of part A of
chapter 62 of the laws of 2011, is amended to read as follows:
§ 4414. Health care compliance programs. 1. The commissioner [of
health], after consultation with the superintendent of financial
services, shall by regulation establish standards and criteria for
compliance programs to be implemented by persons providing coverage or
coverage and service pursuant to any public or governmentally-sponsored
or supported plan for health care coverage or services. Such regulations
shall include provisions for the design and implementation of programs
or processes to prevent, detect and address instances of fraud and
abuse. Such regulations shall take into account the nature of the enti-
ty's business and the size of its enrolled population. The commissioner
[of health] and the superintendent of financial services shall accept
programs and processes implemented pursuant to section four hundred nine
of the insurance law as satisfying the obligations of this section and
the regulations promulgated thereunder when such programs and processes
incorporate the objectives contemplated by this section.
2. NOTWITHSTANDING ANY PROVISIONS OF SECTION TWELVE OF THIS CHAPTER TO
THE CONTRARY, PENALTIES COLLECTED FROM ANY HEALTH MAINTENANCE ORGANIZA-
TION CERTIFIED PURSUANT TO THIS ARTICLE RESULTING FROM A VIOLATION OF
THE HEALTH MAINTENANCE ORGANIZATION'S MENTAL HEALTH AND SUBSTANCE USE
DISORDER PARITY COMPLIANCE PROGRAM SHALL BE DEPOSITED INTO THE BEHAV-
IORAL HEALTH PARITY COMPLIANCE FUND AS ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-HH OF THE STATE FINANCE LAW.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART RRR
Section 1. Subdivision (a) of section 16.03 of the mental hygiene law
is amended by adding a new paragraph 5 to read as follows:
(5) THE PROVISION OF SERVICES APPROVED IN A MEDICAID STATE PLAN
AUTHORIZED PURSUANT TO SECTION NINETEEN HUNDRED TWO OF THE FEDERAL
SOCIAL SECURITY ACT, INCLUDING OPTIONAL STATE PLAN SERVICES AUTHORIZED
PURSUANT TO SUBDIVISION (G) OF SECTION NINETEEN HUNDRED FIFTEEN OF THE
FEDERAL SOCIAL SECURITY ACT, AND DESIGNATED BY THE COMMISSIONER OF
HEALTH, IN CONSULTATION WITH THE COMMISSIONER, AS BEING FOR PERSONS WITH
DEVELOPMENTAL DISABILITIES.
§ 2. Subdivision (d) of section 16.03 of the mental hygiene law, as
added by chapter 786 of the laws of 1983, is amended to read as follows:
(d) The operation of a facility OR PROVISION OF SERVICES for which an
operating certificate is required pursuant to this article shall be in
accordance with the terms of the operating certificate and the regu-
lations of the commissioner.
§ 3. Subdivision (a) of section 16.11 of the mental hygiene law is
amended by adding a new paragraph 3 to read as follows:
(3) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH FIVE
OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
THE PROVIDER OF SERVICES COMPLIES WITH ALL THE REQUIREMENTS OF THE
APPLICABLE FEDERAL REGULATIONS AND RULES AND THE REGULATIONS ADOPTED BY
THE COMMISSIONER.
§ 4. Paragraph (a) of subdivision 4 of section 488 of the social
services law, as amended by section 2 of part MM of chapter 58 of the
laws of 2015, is amended to read as follows:
S. 7508--B 134 A. 9508--B
(a) a facility or program in which services are provided and which is
operated, licensed or certified by the office of mental health, the
office for people with developmental disabilities or the office of
[alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS, including but not limited to psychiatric centers, inpatient
psychiatric units of a general hospital, developmental centers, interme-
diate care facilities, community residences, group homes and family care
homes, provided, however, that such term shall not include a secure
treatment facility as defined in section 10.03 of the mental hygiene
law, services defined in [subparagraph] PARAGRAPHS four AND FIVE of
subdivision (a) of section 16.03 of the mental hygiene law, or services
provided in programs or facilities that are operated by the office of
mental health and located in state correctional facilities under the
jurisdiction of the department of corrections and community supervision;
§ 5. Subdivision 6 of section 2899 of the public health law, as
amended by section 3 of part C of chapter 57 of the laws of 2018, is
amended to read as follows:
6. "Provider" shall mean: (a) any residential health care facility
licensed under article twenty-eight of this chapter; or any certified
home health agency, licensed home care services agency or long term home
health care program certified under article thirty-six of this chapter;
any hospice program certified pursuant to article forty of this chapter;
or any adult home, enriched housing program or residence for adults
licensed under article seven of the social services law; or (b) a health
home, or any subcontractor of such health home, who contracts with or is
approved or otherwise authorized by the department to provide health
home services, INCLUDING [to all those enrolled pursuant to a diagnosis
of a developmental disability as defined in subdivision twenty-two of
section 1.03 of the mental hygiene law and] enrollees who are under
twenty-one years of age, under section three hundred sixty-five-l of the
social services law, EXCEPT FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF
SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHOR-
IZED BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES TO ALL THOSE
ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS
DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW; or any entity that provides home and community based services to
enrollees who are under twenty-one years of age under a demonstration
program pursuant to section eleven hundred fifteen of the federal social
security act.
§ 6. Paragraph (b) of subdivision 9 of section 2899-a of the public
health law, as amended by section 4 of part C of chapter 57 of the laws
of 2018, is amended to read as follows:
(b) Residential health care facilities licensed pursuant to article
twenty-eight of this chapter and certified home health care agencies and
long-term home health care programs certified or approved pursuant to
article thirty-six of this chapter or a health home, or any subcontrac-
tor of such health home, who contracts with or is approved or otherwise
authorized by the department to provide health home services, INCLUDING
[to all those enrolled pursuant to a diagnosis of a developmental disa-
bility as defined in subdivision twenty-two of section 1.03 of the
mental hygiene law and] enrollees who are under twenty-one years of age,
under section three hundred sixty-five-l of the social services law,
EXCEPT FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
TO PROVIDE HEALTH HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A
DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
S. 7508--B 135 A. 9508--B
TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; or any entity that
provides home and community based services to enrollees who are under
twenty-one years of age under a demonstration program pursuant to
section eleven hundred fifteen of the federal social security act, may,
subject to the availability of federal financial participation, claim as
reimbursable costs under the medical assistance program, costs reflect-
ing the fee established pursuant to law by the division of criminal
justice services for processing a criminal history information check,
the fee imposed by the federal bureau of investigation for a national
criminal history check, and costs associated with obtaining the finger-
prints, provided, however, that for the purposes of determining rates of
payment pursuant to article twenty-eight of this chapter for residential
health care facilities, such reimbursable fees and costs shall be
reflected as timely as practicable in such rates within the applicable
rate period.
§ 7. Subdivision 10 of section 2899-a of the public health law, as
amended by section 1 of part EE of chapter 57 of the laws of 2019, is
amended to read as follows:
10. Notwithstanding subdivision eleven of section eight hundred
forty-five-b of the executive law, a certified home health agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or a home care services agency exempt from certification or licensure
under article thirty-six of this chapter, a hospice program under arti-
cle forty of this chapter, or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, or a health home, or any subcontractor of such health home, who
contracts with or is approved or otherwise authorized by the department
to provide health home services, INCLUDING [to all enrollees enrolled
pursuant to a diagnosis of a developmental disability as defined in
subdivision twenty-two of section 1.03 of the mental hygiene law and]
enrollees who are under twenty-one years of age, under section three
hundred sixty-five-l of the social services law, EXCEPT FOR A HEALTH
HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS
APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT TO PROVIDE HEALTH
HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVEL-
OPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03
OF THE MENTAL HYGIENE LAW; or any entity that provides home and communi-
ty based services to enrollees who are under twenty-one years of age
under a demonstration program pursuant to section eleven hundred fifteen
of the federal social security act may temporarily approve a prospective
employee while the results of the criminal history information check and
the determination are pending, upon the condition that the provider
conducts appropriate direct observation and evaluation of the temporary
employee, while he or she is temporarily employed, and the care recipi-
ent; provided, however, that for a health home, or any subcontractor of
a health home, who contracts with or is approved or otherwise authorized
by the department to provide health home services, INCLUDING [to all
enrollees enrolled pursuant to a diagnosis of developmental disability
as defined in subdivision twenty-two of section 1.03 of the mental
hygiene law and] enrollees who are under twenty-one years of age, under
section three hundred sixty-five-l of the social services law, EXCEPT
FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
TO PROVIDE HEALTH HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A
DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
S. 7508--B 136 A. 9508--B
TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; or any entity that
provides home and community based services to enrollees who are under
twenty-one years of age under a demonstration program pursuant to
section eleven hundred fifteen of the federal social security act,
direct observation and evaluation of temporary employees shall not be
required until July first, two thousand nineteen. The results of such
observations shall be documented in the temporary employee's personnel
file and shall be maintained. For purposes of providing such appropriate
direct observation and evaluation, the provider shall utilize an indi-
vidual employed by such provider with a minimum of one year's experience
working in an agency certified, licensed or approved under article thir-
ty-six of this chapter or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, a health home, or any subcontractor of such health home, who
contracts with or is approved or otherwise authorized by the department
to provide health home services, INCLUDING [to those enrolled pursuant
to a diagnosis of a developmental disability as defined in subdivision
twenty-two of section 1.03 of the mental hygiene law and] enrollees who
are under twenty-one years of age, under section three hundred sixty-
five-l of the social services law, EXCEPT FOR A HEALTH HOME, OR ANY
SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR
OTHERWISE AUTHORIZED BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES
TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISA-
BILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW; or any entity that provides home and community based
services to enrollees who are under twenty-one years of age under a
demonstration program pursuant to section eleven hundred fifteen of the
federal social security act. If the temporary employee is working under
contract with another provider certified, licensed or approved under
article thirty-six of this chapter, such contract provider's appropriate
direct observation and evaluation of the temporary employee, shall be
considered sufficient for the purposes of complying with this subdivi-
sion.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
6 of section 2899 of the public health law made by section five of this
act shall not affect the expiration of such subdivision and shall be
deemed to expire therewith.
PART SSS
Section 1. Subdivision a of section 13 of chapter 554 of the laws of
2013, amending the education law and other laws relating to applied
behavior analysis, as amended by chapter 8 of the laws of 2014, is
amended to read as follows:
a. Nothing in this act shall be construed as prohibiting a person
employed or retained by programs licensed, certified, operated,
approved, registered or funded and regulated by the office for people
with developmental disabilities, the office of children and family
services, or the office of mental health from performing the duties of a
licensed behavior analyst or a certified behavior analyst assistant in
the course of such employment or retention; provided, however, that this
section shall not authorize the use of any title authorized pursuant to
article 167 of the education law; and provided further, however, that
this section shall be deemed repealed on July 1, [2020] 2025.
§ 2. This act shall take effect immediately.
S. 7508--B 137 A. 9508--B
PART TTT
Section 1. Section 2 of part Q of chapter 59 of the laws of 2016,
amending the mental hygiene law relating to the closure or transfer of a
state-operated individualized residential alternative, as amended by
section 2 of part II of chapter 57 of the laws of 2018, is amended to
read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2020] 2022.
§ 2. This act shall take effect immediately.
PART UUU
Section 1. This act commits the state of New York and the city of New
York ("city") to fund, over a multi-year period, $6,000,000,000 in capi-
tal costs related to projects contained in the Metropolitan Transporta-
tion Authority ("MTA") 2020-2024 capital program ("capital program").
The state share of $3,000,000,000 and the city share of $3,000,000,000
shall be provided to pay the capital costs of the capital program. The
funds committed by the state and city shall be provided concurrently,
and in proportion to the respective shares of each, in accordance with
the funding needs of the capital program.
§ 2. (a) No funds dedicated for operating assistance of the MTA shall
be used to reduce or supplant the commitment of the state or city to
provide $6,000,000,000 pursuant to section one of this act.
(b) The city and state's share of funds provided concurrently pursuant
to section one of this act shall be scheduled and paid to the MTA on a
schedule to be determined by the state director of the budget. In order
to determine the adequacy and pace of the level of state and city fund-
ing in support of the MTA's capital program, and to gauge the availabil-
ity of MTA capital resources planned for the capital program, the direc-
tor of the budget and the city may request, and the MTA shall provide,
periodic reports on the MTA's capital programs and financial activities.
The city shall certify to the state comptroller and the New York state
director of the budget, no later than seven days after making each
payment pursuant to this section, the amount of the payments and the
date upon which such payments were made.
§ 3. (a) Notwithstanding any provision of law to the contrary, in the
event the city fails to certify to the state comptroller and the New
York state director of the budget that the city has paid in full any
concurrent payment required by section two of this act, the New York
state director of the budget shall direct the state comptroller to
transfer, collect, or deposit funds in accordance with subdivision (b)
of this section in an amount equal to the unpaid balance of any payment
required by section two of this act, provided that any such deposits
shall be counted against the city share of the Metropolitan Transporta-
tion Authority (MTA) 2020-2024 capital program (capital program) pursu-
ant to section one of this act. Such direction shall be pursuant to a
written plan or plans filed with the state comptroller, the chairperson
of the senate finance committee and the chairperson of the assembly ways
and means committee.
(b) Notwithstanding any provision of law to the contrary and as set
forth in a plan or plans submitted by the New York state director of the
budget pursuant to subdivision (a) of this section, the state comp-
troller is hereby directed and authorized to: (i) transfer funds
authorized by any undisbursed general fund aid to localities appropri-
S. 7508--B 138 A. 9508--B
ations or state special revenue fund aid to localities appropriations,
excluding debt service, fiduciary, and federal fund appropriations, to
the city to the Metropolitan Transportation Authority capital assistance
fund established by section 92-ii of the state finance law in accordance
with such plan; and/or (ii) collect and deposit into the Metropolitan
Transportation Authority capital assistance fund established by section
92-ii of the state finance law funds from any other revenue source of
the city, including the sales and use tax, in accordance with such plan.
The state comptroller is hereby authorized and directed to make such
transfers, collections and deposits as soon as practicable but not more
than 3 days following the transmittal of such plan to the comptroller in
accordance with subdivision (a) of this section.
(c) Notwithstanding any provision of law to the contrary, the state's
obligation and or liability to fund any program included in general fund
aid to localities appropriations or state special revenue fund aid to
localities appropriations from which funds are transferred pursuant to
subdivision (b) of this section shall be reduced in an amount equal to
such transfer or transfers.
§ 4. The state finance law is amended by adding a new section 92-ii to
read as follows:
§ 92-II. METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL ASSISTANCE
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER A
SPECIAL FUND TO BE KNOWN AS THE METROPOLITAN TRANSPORTATION AUTHORITY
CAPITAL ASSISTANCE FUND.
2. SUCH FUND SHALL CONSIST OF ANY MONIES DIRECTED THERETO PURSUANT TO
THE PROVISIONS OF SECTION THREE OF THE PART OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION.
3. ALL MONIES DEPOSITED INTO THE FUND PURSUANT TO THE PART OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION
SHALL BE PAID TO THE METROPOLITAN TRANSPORTATION AUTHORITY BY THE COMP-
TROLLER, WITHOUT APPROPRIATION, FOR USE IN THE SAME MANNER AS THE
PAYMENTS REQUIRED BY SECTION TWO OF SUCH PART, AS SOON AS PRACTICABLE
BUT NOT MORE THAN FIVE DAYS FROM THE DATE THE COMPTROLLER DETERMINES
THAT THE FULL AMOUNT OF THE UNPAID BALANCE OF ANY PAYMENT REQUIRED BY
SECTION THREE OF SUCH PART HAS BEEN DEPOSITED INTO THE FUND.
§ 5. Starting July 1, 2020, the city will fund a fifty percent share
of the net paratransit operating expenses of the MTA, provided that such
contribution shall not exceed $215 million in 2020, $277 million in
2021, $290 million in 2022, and $310 million in 2023. Net paratransit
operating expenses shall be calculated monthly by the MTA and will
consist of the total paratransit operating expenses of the program minus
the six percent of the urban tax dedicated to paratransit services as of
the date of this act and minus any money collected as passenger fares
from paratransit operations.
§ 6. The city's share of funds provided pursuant to section five of
this act shall be paid to the MTA monthly. Such schedule shall include
an annual reconciliation process to adjust for any overpayment or under-
payment. The city shall certify to the state comptroller and the New
York state director of the budget, no later than seven days after making
each payment pursuant to this section, the amount of the payments and
the date upon which such payments were made.
§ 7. (a) Notwithstanding any provision of law to the contrary, in the
event the city fails to certify to the state comptroller and the New
York state director of the budget that the city has paid in full any
payment required by section six of this act, the New York state director
of the budget shall direct the state comptroller to transfer, collect,
S. 7508--B 139 A. 9508--B
or deposit funds in accordance with subdivision (b) of this section in
an amount equal to the unpaid balance of any payment required by section
six of this act, and any such deposits shall be counted against the
city's fifty percent share of the net paratransit operating expenses of
the MTA pursuant to section five of this act. Such direction shall be
pursuant to a written plan or plans filed with the state comptroller,
the chairperson of the senate finance committee and the chairperson of
the assembly ways and means committee.
(b) Notwithstanding any provision of law to the contrary and as set
forth in a plan or plans submitted by the New York state director of the
budget pursuant to subdivision (a) of this section, the state comp-
troller is hereby directed and authorized to: (i) transfer funds
authorized by any undisbursed general fund aid to localities appropri-
ations or state special revenue fund aid to localities appropriations,
excluding debt service, fiduciary, and federal fund appropriations, to
the city to the Metropolitan Transportation Authority paratransit
assistance fund established by section 92-jj of the state finance law in
accordance with such plan; and/or (ii) collect and deposit into the
Metropolitan Transportation Authority paratransit assistance fund estab-
lished by section 92-jj of the state finance law funds from any other
revenue source of the city, including the sales and use tax, in accord-
ance with such plan. The state comptroller is hereby authorized and
directed to make such transfers, collections and deposits as soon as
practicable but not more than 3 days following the transmittal of such
plan to the comptroller in accordance with subdivision (a) of this
section.
(c) Notwithstanding any provision of law to the contrary, the state's
obligation and or liability to fund any program included in general fund
aid to localities appropriations or state special revenue fund aid to
localities appropriations from which funds are transferred pursuant to
subdivision (b) of this section shall be reduced in an amount equal to
such transfer or transfers.
§ 8. The state finance law is amended by adding a new section 92-jj to
read as follows:
§ 92-JJ. METROPOLITAN TRANSPORTATION AUTHORITY PARATRANSIT ASSISTANCE
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER A
SPECIAL FUND TO BE KNOWN AS THE METROPOLITAN TRANSPORTATION AUTHORITY
PARATRANSIT ASSISTANCE FUND.
2. SUCH FUND SHALL CONSIST OF ANY MONIES DIRECTED THERETO PURSUANT TO
THE PROVISIONS OF SECTION SEVEN OF THE PART OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION.
3. ALL MONIES DEPOSITED INTO THE FUND PURSUANT TO THE PART OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION
SHALL BE PAID TO THE METROPOLITAN TRANSPORTATION AUTHORITY BY THE COMP-
TROLLER, WITHOUT APPROPRIATION, FOR USE IN THE SAME MANNER AS THE
PAYMENTS REQUIRED BY SECTION SIX OF SUCH PART, AS SOON AS PRACTICABLE
BUT NOT MORE THAN FIVE DAYS FROM THE DATE THE COMPTROLLER DETERMINES
THAT THE FULL AMOUNT OF THE UNPAID BALANCE OF ANY PAYMENT REQUIRED BY
SECTION SEVEN OF SUCH PART HAS BEEN DEPOSITED INTO THE FUND.
§ 9. This act shall take effect immediately; provided that sections
five through seven of this act shall expire and be deemed repealed June
30, 2024; and provided further that such repeal shall not affect or
otherwise reduce amounts owed to the metropolitan transportation author-
ity paratransit assistance fund to meet the city's share of the net
paratransit operating expenses of the MTA for services provided prior to
June 30, 2024.
S. 7508--B 140 A. 9508--B
PART VVV
Section 1. Legislative findings and declaration of purpose. It is
hereby found and declared that it is a matter of substantial and imper-
ative state concern that the metropolitan transportation authority be
enabled to deliver as quickly and efficiently as practicable the capital
projects included in its 2015 to 2019 and 2020 to 2024 approved capital
programs, which together will make the subway, bus, and commuter rail
systems it operates in the metropolitan transportation commuter district
safer, more reliable, cleaner, more modern, and more accessible for all
its customers. The people of the state through their legislature have
made substantial commitments to ensure stable and reliable capital fund-
ing to repair and revitalize the metropolitan transportation authority's
subway, bus, and commuter rail systems including most recently the
program to establish tolls for vehicles entering or remaining in New
York city's central business district, which is expected to fund fifteen
billion dollars for capital projects.
The legislature further finds and declares that the metropolitan
transportation authority anticipates that some projects in an approved
capital program plan will require that it acquire from the city of New
York through negotiation temporary and permanent interests in real prop-
erty for transportation facilities or transit projects. So as not to
unduly delay the commencement of such capital projects and to ensure
that their cost is not undue, the city of New York must not unreasonably
withhold its consent to such acquisitions nor must it try to use the
metropolitan transportation authority's urgent need for the interests in
real property unreasonably as a lever to obtain an undue price. Other-
wise, the metropolitan transportation authority's efforts to make its
transportation system more accessible and more reliable and efficient
will be significantly impeded. Valuations of the property interests and
negotiations to determine the fair market value shall be conducted only
after the metropolitan transportation authority has identified the need
for such property interests and the city of New York has consented to
their transfer or acquisition. Under the valuation procedure enacted
herein, those negotiations will be swift and lead to a reasonable price.
It is therefore the intent of the legislature to provide a means that
fairly determines the fair market value of property interests to be
acquired by the authority from the city of New York while at the same
time ensuring that the metropolitan transportation authority be able to
efficiently and cost-effectively deliver capital projects that will
make the subway system more accessible and more reliable. In doing so,
the legislature further finds and declares that it is acting on a matter
of substantial state concern.
§ 2. Section 1266 of the public authorities law is amended by adding a
new subdivision 12-a to read as follows:
12-A. (A) WHENEVER THE AUTHORITY DETERMINES IN CONSULTATION WITH THE
CITY OF NEW YORK THAT IT IS NECESSARY TO OBTAIN THE TEMPORARY OR PERMA-
NENT USE, OCCUPANCY, CONTROL OR POSSESSION OF VACANT OR UNDEVELOPED OR
UNDERUTILIZED BUT REPLACEABLE REAL PROPERTY, OR ANY INTEREST THEREIN, OR
SUBSURFACE REAL PROPERTY OR ANY INTEREST THEREIN THEN OWNED BY THE CITY
OF NEW YORK FOR A PROJECT IN THE TWO THOUSAND FIFTEEN TO TWO THOUSAND
NINETEEN OR THE TWO THOUSAND TWENTY TO TWO THOUSAND TWENTY-FOUR APPROVED
CAPITAL PROGRAMS TO (I) INSTALL ONE OR MORE ELEVATORS TO MAKE ONE OR
MORE SUBWAY STATIONS MORE ACCESSIBLE, (II) CONSTRUCT OR RECONSTRUCT AN
ELECTRICAL SUBSTATION TO INCREASE AVAILABLE POWER TO THE SUBWAY SYSTEM
TO EXPAND PASSENGER CAPACITY OR RELIABILITY, OR (III) IN CONNECTION WITH
S. 7508--B 141 A. 9508--B
THE CAPITAL PROJECT TO CONSTRUCT FOUR COMMUTER RAILROAD PASSENGERS
STATIONS IN THE BOROUGH OF THE BRONX KNOWN AS PENN STATION ACCESS, THE
AUTHORITY UPON APPROVAL BY THE BOARD OF THE METROPOLITAN TRANSPORTATION
AUTHORITY AND UPON SUITABLE NOTICE AND WITH THE CONSENT OF THE CITY OF
NEW YORK MAY CAUSE THE TITLE TO SUCH REAL PROPERTY, OR ANY INTEREST
THEREIN, TO BE TRANSFERRED TO THE AUTHORITY BY ADDING IT TO THE AGREE-
MENT OF LEASE DATED JUNE FIRST, NINETEEN HUNDRED FIFTY-THREE, AS
AMENDED, RENEWED AND SUPPLEMENTED, AUTHORIZED BY SECTION TWELVE HUNDRED
THREE OF THIS ARTICLE, OR MAY ITSELF ACQUIRE TITLE TO SUCH PROPERTY FROM
THE CITY OF NEW YORK, AND ANY SUCH TRANSFER OR ACQUISITION OF REAL PROP-
ERTY SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF SECTION
TWELVE HUNDRED SIXTY-SIX-C OF THIS TITLE. NOTHING IN THIS SUBDIVISION
SHALL BE DEEMED TO AUTHORIZE ANY TEMPORARY OR PERMANENT TRANSFER OR
ACQUISITION OF REAL PROPERTY, OR INTEREST THEREIN, THAT IS DEDICATED
PARKLAND WITHOUT SEPARATE LEGISLATIVE APPROVAL OF SUCH ALIENATION.
(B) (I) UPON THE EXECUTION OF ANY TRANSFER OR ACQUISITION PURSUANT TO
THIS SUBDIVISION, WHICH SHALL BE FINAL UPON THE APPROVAL BY THE BOARD OF
THE METROPOLITAN TRANSPORTATION AUTHORITY AND CONSENT OF THE CITY OF NEW
YORK, THE FAIR MARKET VALUE SHALL BE DETERMINED PURSUANT TO THIS PARA-
GRAPH. THE AUTHORITY SHALL MAKE A WRITTEN OFFER TO PAY TO THE CITY OF
NEW YORK THE FAIR MARKET VALUE OF THE AUTHORITY'S USE, OCCUPANCY,
CONTROL, POSSESSION OR ACQUISITION OF SUCH PROPERTY. THE OFFER BY THE
AUTHORITY SHALL BE BASED ON AN APPRAISAL OF THE VALUE OF SUCH PROPERTY
AND A COPY OF SUCH APPRAISAL SHALL BE INCLUDED WITH THE OFFER. SUCH
APPRAISAL SHALL BE DONE BY AN INDEPENDENT NEW YORK STATE LICENSED OR
CERTIFIED APPRAISER, WHO MAY NOT BE EMPLOYED BY THE AUTHORITY, SELECTED
AT RANDOM FROM A PANEL OF APPRAISERS MAINTAINED BY IT FOR SUCH PURPOSE.
SUCH APPRAISAL AND A SECOND APPRAISAL, IF REQUIRED PURSUANT TO SUBPARA-
GRAPH (II) OF THIS PARAGRAPH, SHALL CONSIDER ONLY THE REASONABLY ANTIC-
IPATED LAWFUL USE OF THE PROPERTY AND ITS ZONING DESIGNATION UNDER THE
ZONING RESOLUTION OF THE CITY OF NEW YORK AT THE TIME THE AUTHORITY
NOTIFIED THE CITY OF NEW YORK OF ITS DETERMINATION TO USE, OCCUPY,
CONTROL, POSSESS OR ACQUIRE SUCH PROPERTY.
(II) WITHIN THIRTY DAYS OF RECEIPT OF THE OFFER BY THE AUTHORITY, THE
CITY OF NEW YORK MAY ACCEPT IT, AGREE WITH THE AUTHORITY ON ANOTHER
AMOUNT, OR REQUEST A SECOND APPRAISAL BY AN INDEPENDENT NEW YORK STATE
LICENSED OR CERTIFIED APPRAISER, WHO MAY NOT BE EMPLOYED BY THE CITY OF
NEW YORK, SELECTED AT RANDOM BY THE CITY OF NEW YORK FROM A PANEL OF
APPRAISERS MAINTAINED BY IT FOR SUCH PURPOSE. SUCH SECOND APPRAISAL
SHALL BE COMPLETED WITHIN THIRTY DAYS. IF THE SECOND APPRAISAL PRODUCES
AN ESTIMATE OF THE FAIR MARKET VALUE OF THE PROPERTY THAT IS GREATER
THAN THAT OF THE FIRST APPRAISAL, THE AUTHORITY SHALL HAVE TEN DAYS TO
INCREASE ITS OFFER TO SUCH HIGHER AMOUNT, OTHERWISE THE TWO APPRAISERS
SHALL RECONCILE THEIR VALUATIONS AND AGREE ON A FINAL VALUATION WITHIN
TEN DAYS, WHICH SHALL BE AN AMOUNT NOT LESS THAN THE FIRST APPRAISAL NOR
GREATER THAN THE SECOND APPRAISAL.
(C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AFFECT OR LIMIT
THE AUTHORITY'S POWER UNDER SUBDIVISION TWELVE OF THIS SECTION.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed on December 31, 2025; provided, however, that the repeal
of this act shall not affect any transfer or acquisition pursuant to all
of the terms of section two of this act that has been approved by the
board of the metropolitan transportation authority before such repeal
date.
PART WWW
S. 7508--B 142 A. 9508--B
Section 1. Paragraph (b) of subdivision 9 of section 208 of the tax
law is amended by adding a new subparagraph 26 to read as follows:
(26) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN AND TWO
THOUSAND TWENTY, THE AMOUNT OF THE INCREASE IN THE FEDERAL INTEREST
DEDUCTION ALLOWED PURSUANT TO SECTION 163(J)(10)(A)(I) OF THE INTERNAL
REVENUE CODE.
§ 2. Subsection (a) of section 607 of the tax law, as amended by chap-
ter 28 of the laws of 1987, is amended to read as follows:
(a) General. Any term used in this article shall have the same meaning
as when used in a comparable context in the laws of the United States
relating to federal income taxes, unless a different meaning is clearly
required but such meaning shall be subject to the exceptions or modifi-
cations prescribed in this article or by statute. Any reference in this
article to the laws of the United States shall mean the provisions of
the internal revenue code of nineteen hundred eighty-six (unless a
reference to the internal revenue code of nineteen hundred fifty-four is
clearly intended), and amendments thereto, and other provisions of the
laws of the United States relating to federal income taxes, as the same
may be or become effective at any time or from time to time for the
taxable year. PROVIDED HOWEVER, FOR TAXABLE YEARS BEGINNING BEFORE JANU-
ARY FIRST, TWO THOUSAND TWENTY-TWO, ANY AMENDMENTS MADE TO THE INTERNAL
REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX AFTER MARCH FIRST, TWO THOU-
SAND TWENTY SHALL NOT APPLY TO THIS ARTICLE.
§ 3. Subdivision (a) of section 11-1707 of the administrative code of
the city of New York, as amended by chapter 333 of the laws of 1987, is
amended to read as follows:
(a) General. Any term used in this chapter shall have the same meaning
as when used in a comparable context in the laws of the United States
relating to federal income taxes, unless a different meaning is clearly
required but such meaning shall be subject to the exceptions or modifi-
cations prescribed in this chapter or by statute. Any reference in this
chapter to the laws of the United States shall mean the provisions of
the internal revenue code of nineteen hundred eighty-six (unless a
reference to the internal revenue code of nineteen hundred fifty-four is
clearly intended), and amendments thereto, and other provisions of the
laws of the United States relating to federal income taxes, as the same
may be or become effective at any time or from time to time for the
taxable year, as included and quoted in the appendices (including any
supplements and additions thereto) to this chapter. PROVIDED HOWEVER,
FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-
TWO, ANY AMENDMENTS MADE TO THE INTERNAL REVENUE CODE OF NINETEEN
HUNDRED EIGHTY-SIX AFTER MARCH FIRST, TWO THOUSAND TWENTY SHALL NOT
APPLY TO THIS CHAPTER. (Such quotation of the aforesaid laws of the
United States is intended to make them a part of this chapter and to
avoid constitutional uncertainties which might result if such laws were
merely incorporated by reference. The quotation of a provision of the
internal revenue code or of any other law of the United States in such
appendices shall not necessarily mean that it is applicable or has rele-
vance to this chapter).
§ 4. Paragraph (b) of subdivision 8 of section 11-652 of the adminis-
trative code of the city of New York is amended by adding a new subpara-
graph 22 to read as follows:
(22) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN AND TWO
THOUSAND TWENTY, THE AMOUNT OF THE INCREASE IN THE FEDERAL INTEREST
DEDUCTION ALLOWED PURSUANT TO SECTION 163(J)(10)(A)(I) OF THE INTERNAL
REVENUE CODE.
S. 7508--B 143 A. 9508--B
§ 5. Subdivision (b) of section 11-506 of the administrative code of
the city of New York is amended by adding a new paragraph 17 to read as
follows:
(17) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN AND TWO
THOUSAND TWENTY, THE AMOUNT OF THE INCREASE IN THE FEDERAL INTEREST
DEDUCTION ALLOWED PURSUANT TO SECTION 163(J)(10)(A)(I) OF THE INTERNAL
REVENUE CODE.
§ 6. Paragraph (b) of subdivision 8 of section 11-602 of the adminis-
trative code of the city of New York is amended by adding a new subpara-
graph 21 to read as follows:
(21) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN AND TWO
THOUSAND TWENTY, THE AMOUNT OF THE INCREASE IN THE FEDERAL INTEREST
DEDUCTION ALLOWED PURSUANT TO SECTION 163(J)(10)(A)(I) OF THE INTERNAL
REVENUE CODE.
§ 7. This act shall take effect immediately.
PART XXX
Section 1. This Part enacts into law legislation providing for the
extension of certain provisions. Each component is wholly contained
within a Subpart identified as Subparts A through H. The effective date
for each particular provision contained within such Subpart is set forth
in the last section of such Subpart. Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is found.
Section three of this Part sets forth the general effective date of this
Part.
SUBPART A
Section 1. This Subpart enacts into law major components of legis-
lation relating to issues deemed necessary for the state. Each component
is wholly contained within an Item identified as Items A through R. The
effective date for each particular provision contained within such Item
is set forth in the last section of such Item. Any provision in any
section contained within an Item, including the effective date of the
Item, which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Item in which it is found.
Section three of this Subpart sets forth the general effective date of
this Subpart.
ITEM A
Section 1. Section 3 of chapter 492 of the laws of 1993, amending the
local finance law relating to installment loans and obligations evidenc-
ing installment loans, as amended by chapter 46 of the laws of 2017, is
amended to read as follows:
§ 3. This act shall take effect immediately and shall remain in full
force and effect until September 30, [2020] 2023, at which time it shall
be deemed repealed.
§ 2. This act shall take effect immediately.
ITEM B
S. 7508--B 144 A. 9508--B
Section 1. Section 2 of chapter 581 of the laws of 2005, amending the
local finance law relating to statutory installment bonds, as amended by
chapter 139 of the laws of 2017, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until September 30, [2020] 2023, at which time it shall
expire and be deemed repealed.
§ 2. This act shall take effect immediately.
ITEM C
Section 1. Section 2 of chapter 629 of the laws of 2005, amending the
local finance law relating to refunding bonds, as amended by chapter 45
of the laws of 2017, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed September 30, [2020] 2023.
§ 2. This act shall take effect immediately.
ITEM D
Section 1. Section 3 of chapter 307 of the laws of 2005, amending the
public authorities law relating to the special powers of the New York
state environmental facilities corporation, as amended by chapter 137 of
the laws of 2017, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed September 30, [2020] 2023.
§ 2. This act shall take effect immediately.
ITEM E
Section 1. Paragraph c of subdivision 1 of section 13-0339-a of the
environmental conservation law, as amended by chapter 217 of the laws of
2017, is amended to read as follows:
c. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus and brevi-
rostrum) until December thirty-first, two thousand [twenty]
TWENTY-THREE,
§ 2. This act shall take effect immediately.
ITEM F
Section 1. Paragraph a of subdivision 1 of section 13-0339-a of the
environmental conservation law, as amended by chapter 218 of the laws of
2017, is amended to read as follows:
a. Atlantic cod (Gadus morhua) until December thirty-first, two thou-
sand [twenty] TWENTY-THREE,
§ 2. This act shall take effect immediately
ITEM G
Section 1. Paragraph d of subdivision 1 of section 13-0339-a of the
environmental conservation law, as amended by chapter 219 of the laws of
2017, is amended to read as follows:
d. Atlantic herring (Clupea harengus) until December thirty-first, two
thousand [twenty] TWENTY-THREE,
§ 2. This act shall take effect immediately.
ITEM H
S. 7508--B 145 A. 9508--B
Section 1. Section 13-0340-f of the environmental conservation law, as
amended by chapter 207 of the laws of 2017, is amended to read as
follows:
§ 13-0340-f. Black sea bass (Centropristis striata).
The department may, until December thirty-first, two thousand [twenty]
TWENTY-THREE, fix by regulation measures for the management of black sea
bass (Centropristis striata), including size limits, catch and
possession limits, open and closed seasons, closed areas, restrictions
on the manner of taking and landing, requirements for permits and eligi-
bility therefor, recordkeeping requirements, requirements on the amount
and type of fishing effort and gear and requirements relating to trans-
portation, possession and sale, provided that such regulations are no
less restrictive than requirements set forth in this chapter and
provided further that such regulations are consistent with the compli-
ance requirements of applicable fishery management plans adopted by the
Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 2. This act shall take effect immediately.
ITEM I
Section 1. Paragraph g of subdivision 1 of section 13-0339-a of the
environmental conservation law, as amended by chapter 220 of the laws of
2017, is amended to read as follows:
g. blueback herring (Alosa aestivalis) until December thirty-first,
two thousand [twenty] TWENTY-THREE,
§ 2. This act shall take effect immediately.
ITEM J
Section 1. Subdivision 7 of section 13-0331 of the environmental
conservation law, as amended by chapter 20 of the laws of 2019, is
amended to read as follows:
7. The department may, until December thirty-first, two thousand
[twenty] TWENTY-THREE, fix by regulation measures for the management of
crabs of any kind including horseshoe crabs (Limulus sp.), including
size limits, catch and possession limits, open and closed seasons,
closed areas, restrictions on the manner of taking and landing, require-
ments for permits and eligibility therefor, recordkeeping requirements,
requirements on the amount and type of fishing effort and gear, and
requirements relating to transportation, possession and sale, provided
that such regulations are no less restrictive than requirements set
forth in this chapter and provided further that such regulations are
consistent with the compliance requirements of applicable fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion and with applicable provisions of fishery management plans adopted
pursuant to the Federal Fishery Conservation and Management Act (16
U.S.C. § 1800 et seq.).
§ 2. This act shall take effect immediately.
ITEM K
Section 1. Subdivision 3 of section 13-0360 of the environmental
conservation law, as amended by chapter 209 of the laws of 2017, is
amended to read as follows:
S. 7508--B 146 A. 9508--B
3. Notwithstanding any other provision of this chapter, the department
may, until December thirty-first, two thousand [twenty] TWENTY-THREE,
adopt regulations restricting the taking of fish, shellfish and crusta-
cea in any special management area designated pursuant to subdivision
two of this section. Such regulations may restrict the manner of taking
of fish, shellfish and crustacea in such areas and the landing of fish,
shellfish and crustacea which have been taken therefrom. Such regu-
lations shall be consistent with all relevant federal and interstate
fisheries management plans and with the marine fisheries conservation
and management policy set forth in section 13-0105 of this article.
§ 2. This act shall take effect immediately.
ITEM L
Section 1. Section 13-0340-b of the environmental conservation law, as
amended by chapter 221 of the laws of 2017, is amended to read as
follows:
§ 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
The department may, until December thirty-first, two thousand [twenty]
TWENTY-THREE, fix by regulation measures for the management of fluke or
summer flounder (Paralichthys dentatus), including size limits, catch
and possession limits, open and closed seasons, closed areas,
restrictions on the manner of taking and landing, requirements for
permits and eligibility therefor, recordkeeping requirements, require-
ments on the amount and type of fishing effort and gear, and require-
ments relating to transportation, possession and sale, provided that
such regulations are no less restrictive than requirements set forth in
this chapter and provided further that such regulations are consistent
with the compliance requirements of applicable fishery management plans
adopted by the Atlantic States Marine Fisheries Commission and with
applicable provisions of fishery management plans adopted pursuant to
the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
seq.).
§ 2. This act shall take effect immediately.
ITEM M
Section 1. Section 13-0340-e of the environmental conservation law, as
amended by chapter 222 of the laws of 2017, is amended to read as
follows:
§ 13-0340-e. Scup (Stenotomus chrysops).
The department may, until December thirty-first, two thousand [twenty]
TWENTY-THREE, fix by regulation measures for the management of scup
(Stenotomus chrysops), including size limits, catch and possession
limits, open and closed seasons, closed areas, restrictions on the
manner of taking and landing, requirements for permits and eligibility
therefor, recordkeeping requirements, requirements on the amount and
type of fishing effort and gear, and requirements relating to transpor-
tation, possession and sale, provided that such regulations are no less
restrictive than requirements set forth in this chapter and provided
further that such regulations are consistent with the compliance
requirements of applicable fishery management plans adopted by the
Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 2. This act shall take effect immediately.
S. 7508--B 147 A. 9508--B
ITEM N
Section 1. Subdivision 4 of section 13-0338 of the environmental
conservation law, as amended by chapter 223 of the laws of 2017, is
amended to read as follows:
4. The department may, until December thirty-first, two thousand
[twenty] TWENTY-THREE, fix by regulation measures for the management of
sharks, including size limits, catch and possession limits, open and
closed seasons, closed areas, restrictions on the manner of taking and
landing, requirements for permits and eligibility therefor, recordkeep-
ing requirements, requirements on the amount and type of fishing effort
and gear, and requirements relating to transportation, possession and
sale, provided that such regulations are no less restrictive than
requirements set forth in this chapter and provided further that such
regulations are consistent with the compliance requirements of applica-
ble fishery management plans adopted by the Atlantic States Marine Fish-
eries Commission and with applicable provisions of fishery management
plans adopted pursuant to the Federal Fishery Conservation and Manage-
ment Act (16 U.S.C. §1800 et seq.).
§ 2. This act shall take effect immediately.
ITEM O
Section 1. Paragraph h of subdivision 1 of section 13-0339-a of the
environmental conservation law, as amended by chapter 208 of the laws of
2017, is amended to read as follows:
h. squid (cephalopoda) until December thirty-first, two thousand
[twenty] TWENTY-THREE, and
§ 2. This act shall take effect immediately.
ITEM P
Section 1. Subdivision 6 of section 13-0330 of the environmental
conservation law, as amended by chapter 224 of the laws of 2017, is
amended to read as follows:
6. The department may, until December thirty-first, two thousand
[twenty] TWENTY-THREE, fix by regulation measures for the management of
whelk or conch (Busycon and Busycotypus spp.), including size limits,
catch and possession limits, open and closed seasons, closed areas,
restrictions on the manner of taking and landing, requirements for
permits and eligibility therefor, recordkeeping requirements, require-
ments on the amount and type of fishing effort and gear, and require-
ments relating to transportation, possession and sale, provided that
such regulations are no less restrictive than requirements set forth in
this chapter and provided further that such regulations are consistent
with the compliance requirements of applicable fishery management plans
adopted by the Atlantic States Marine Fisheries Commission and with
applicable provisions of fishery management plans adopted pursuant to
the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
seq.).
§ 2. This act shall take effect immediately.
ITEM Q
S. 7508--B 148 A. 9508--B
Section 1. Section 13-0340-c of the environmental conservation law, as
amended by chapter 213 of the laws of 2017, is amended to read as
follows:
§ 13-0340-c. Winter flounder (Pleuorenectes americanus).
The department may, until December thirty-first, two thousand [twenty]
TWENTY-THREE, fix by regulation measures for the management of winter
flounder (Pleuorenectes americanus), including size limits, catch and
possession limits, open and closed seasons, closed areas, restrictions
on the manner of taking and landing, requirements for permits and eligi-
bility therefor, recordkeeping requirements, requirements on the amount
and type of fishing effort and gear, and requirements relating to trans-
portation, possession and sale, provided that such regulations are no
less restrictive than requirements set forth in this chapter and
provided further that such regulations are consistent with the compli-
ance requirements of applicable fishery management plans adopted by the
Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 2. This act shall take effect immediately.
ITEM R
Section 1. Paragraphs a and b and the opening paragraph of paragraph c
of subdivision 1 of section 13-0328 of the environmental conservation
law, as amended by chapter 21 of the laws of 2019, are amended to read
as follows:
a. for the period beginning January first, two thousand eighteen
through December thirty-first, two thousand [twenty] TWENTY-ONE, the
number of resident commercial food fish licenses and the number of non-
resident commercial food fish licenses shall not exceed the following
annual limits:
(i) for two thousand eighteen, the number of licenses shall be limited
to the number of licenses issued in two thousand seventeen, plus fifty
percent of any difference between the number of licenses issued in two
thousand seventeen and nine hundred sixty-nine;
(ii) for two thousand nineteen, the number of licenses shall be limit-
ed to the number of licenses established in subparagraph (i) of this
paragraph; [and]
(iii) for two thousand twenty, the number of licenses shall be limited
to the number of licenses established in subparagraph (i) of this para-
graph; AND
(IV) FOR TWO THOUSAND TWENTY-ONE, THE NUMBER OF LICENSES SHALL BE
LIMITED TO THE NUMBER OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
b. for the period beginning January first, two thousand [nineteen]
TWENTY through December thirty-first, two thousand [twenty] TWENTY-ONE,
persons who were issued a commercial food fish license in the previous
year shall be eligible to be issued such license.
for the period beginning January first, two thousand [nineteen] TWENTY
through December thirty-first, two thousand [twenty] TWENTY-ONE, the
department shall issue commercial food fish licenses to persons who were
not issued such license in the previous year provided that the total
number of such licenses issued to such persons does not exceed the
difference between the number of licenses established in paragraph a of
this subdivision and the number of such licenses issued pursuant to
paragraph b of this subdivision, subject to the following:
S. 7508--B 149 A. 9508--B
§ 2. Subdivisions 2, 3, 4 and 5 of section 13-0328 of the environ-
mental conservation law, as amended by chapter 21 of the laws of
2019, are amended to read as follows:
2. Commercial lobster permits. Commercial lobster permits provided for
by section 13-0329 of this title shall be issued as follows:
for the period beginning January first, two thousand [nineteen]
TWENTY, through December thirty-first, two thousand [twenty] TWENTY-ONE,
only persons who were issued a commercial lobster permit in the previous
year shall be eligible to be issued such permit.
3. Commercial crab permits. Commercial crab permits provided for by
section 13-0331 of this title shall be issued as follows:
a. for the period beginning January first, two thousand eighteen
through December thirty-first, two thousand [twenty] TWENTY-ONE, the
number of resident commercial crab permits and the number of non-resi-
dent commercial crab permits shall not exceed the following annual
limits:
(i) for two thousand eighteen, the number of permits shall be limited
to the number of permits issued in two thousand seventeen, plus fifty
percent of any difference between the number of permits issued in two
thousand seventeen and five hundred sixty-three;
(ii) for two thousand nineteen, the number of permits shall be limited
to the number of permits established in subparagraph (i) of this para-
graph; [and]
(iii) for two thousand twenty, the number of permits shall be limited
to the number of permits established in subparagraph (i) of this para-
graph; AND
(IV) FOR TWO THOUSAND TWENTY-ONE, THE NUMBER OF LICENSES SHALL BE
LIMITED TO THE NUMBER OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
b. for the period beginning January first, two thousand [nineteen]
TWENTY through December thirty-first, two thousand [twenty] TWENTY-ONE,
persons who were issued a commercial crab permit in the previous year
shall be eligible to be issued such permit.
c. for the period beginning January first, two thousand [nineteen]
TWENTY through December thirty-first, two thousand [twenty] TWENTY-ONE,
the department shall issue commercial crab permits to persons who were
not issued such permit in the previous year provided that the total
number of such permits issued to such persons does not exceed the
difference between the number of permits established in paragraph a of
this subdivision and the number of such permits issued pursuant to para-
graph b of this subdivision, subject to the following:
(i) permits shall be issued in the order in which the applications
were received, except that where multiple applications are received by
the department on the same day, applicants for whom the department has
received notice of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the depart-
ment prior to other applicants;
(ii) permits may be issued to individuals only;
(iii) permits shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
(iv) permits shall be issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of at
least fifteen thousand dollars of income over three consecutive years
from commercial fishing or fishing, or who successfully complete an
apprenticeship pursuant to subdivision seven of this section. As used in
this subparagraph, "commercial fishing" means the taking and sale of
S. 7508--B 150 A. 9508--B
marine resources including fish, shellfish, crustacea or other marine
biota and "fishing" means commercial fishing and carrying fishing
passengers for hire. Individuals who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district party and
charter boat license. No more than ten percent of the permits issued
each year based on income eligibility pursuant to this paragraph shall
be issued to applicants who qualify based upon income derived from oper-
ation of or employment by a party or charter boat.
4. Commercial whelk or conch licenses. Commercial whelk or conch
licenses provided for by section 13-0330 of this title shall be issued
as follows:
a. for the period beginning January first, two thousand eighteen
through December thirty-first, two thousand [twenty] TWENTY-ONE, the
number of resident commercial whelk or conch licenses and the number of
non-resident commercial whelk or conch licenses shall not exceed the
following annual limits:
(i) for two thousand eighteen, the number of licenses shall be limited
to the number of licenses issued in two thousand seventeen plus fifty
percent of any difference between the number of licenses issued in two
thousand seventeen and two hundred fifty-two;
(ii) for two thousand nineteen, the number of licenses shall be limit-
ed to the number of licenses established in subparagraph (i) of this
paragraph; [and]
(iii) for two thousand twenty, the number of licenses shall be limited
to the number of licenses established in subparagraph (i) of this para-
graph; AND
(IV) FOR TWO THOUSAND TWENTY-ONE, THE NUMBER OF LICENSES SHALL BE
LIMITED TO THE NUMBER OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
b. for the period beginning January first, two thousand [nineteen]
TWENTY through December thirty-first, two thousand [twenty] TWENTY-ONE,
persons who were issued a commercial whelk or conch license in the
previous year shall be eligible to be issued such license.
c. for the period beginning January first, two thousand [nineteen]
TWENTY through December thirty-first, two thousand [twenty] TWENTY-ONE,
persons who were not issued a commercial whelk or conch license in the
previous year shall be eligible to be issued such license provided that
the total number of such licenses issued to such persons shall not
exceed the difference between the number of licenses established in
paragraph a of this subdivision and the number of such licenses issued
pursuant to paragraph b of this subdivision, subject to the following:
(i) licenses shall be issued in the order in which the applications
were received, except that where multiple applications are received by
the department on the same day, applicants for whom the department has
received notice of successful completion of an apprenticeship pursuant
to subdivision seven of this section shall be considered by the depart-
ment prior to other applicants;
(ii) licenses may be issued to individuals only;
(iii) licenses shall be issued to applicants who are sixteen years of
age or older at the time of the application; and
(iv) licenses shall be issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of at
least fifteen thousand dollars of income over three consecutive years
from commercial fishing or fishing, or who successfully complete an
apprenticeship pursuant to subdivision seven of this section. As used in
this subparagraph, "commercial fishing" means the taking and sale of
S. 7508--B 151 A. 9508--B
marine resources including fish, shellfish, crustacea or other marine
biota and "fishing" means commercial fishing and carrying fishing
passengers for hire. Individuals who wish to qualify based on income
from "fishing" must hold a valid marine and coastal district party and
charter boat license. No more than ten percent of the licenses issued
each year pursuant to this paragraph shall be issued to applicants who
qualify based upon income derived from operation of or employment by a
party or charter boat.
5. Marine and coastal district party and charter boat licenses. Marine
and coastal district party and charter boat licenses provided for by
section 13-0336 of this title shall be issued as follows, except that
this subdivision shall not apply to the owner or operator of a party
boat or charter boat whose vessel is classified by the United States
Coast Guard as an Inspected Passenger Vessel and which is licensed to
carry more than six passengers:
a. for the years two thousand [nineteen] TWENTY through two thousand
[twenty] TWENTY-ONE, the annual number of marine and coastal district
party and charter boat licenses issued shall not exceed five hundred
seventeen.
b. for the years two thousand [nineteen] TWENTY through two thousand
[twenty] TWENTY-ONE, persons who were issued a marine and coastal
district party and charter boat license in the previous year shall be
eligible to be issued such license.
c. for the years two thousand [nineteen] TWENTY through two thousand
[twenty] TWENTY-ONE, the department shall issue marine and coastal
district party and charter boat licenses to persons who were not issued
such license in the previous year, provided that the total number of
licenses issued does not exceed five hundred seventeen, subject to the
following:
(i) licenses shall be issued in the order in which the applications
were received;
(ii) licenses shall be issued only to persons who hold an Uninspected
Passenger Vessel license issued by the United States Coast Guard.
§ 3. This act shall take effect December 31, 2020. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or item of this subpart shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section,
or item thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Items A through R of this act shall be
as specifically set forth in the last section of such Items.
SUBPART B
Section 1. This Subpart enacts into law major components of legis-
lation relating to issues deemed necessary for the state. Each component
is wholly contained within an Item identified as Items A through UUU.
S. 7508--B 152 A. 9508--B
The effective date for each particular provision contained within such
Item is set forth in the last section of such Item. Any provision in any
section contained within an Item, including the effective date of the
Item, which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Item in which it is found.
Section three of this Subpart sets forth the general effective date of
this Subpart.
ITEM A
Section 1. Notwithstanding any inconsistent provision of law, any
person who is licensed or certified to practice as a physician, physi-
cian's assistant, massage therapist, physical therapist, chiropractor,
dentist, optometrist, nurse, nurse practitioner, emergency medical tech-
nician, podiatrist or athletic trainer in another state or territory,
who is in good standing in such state or territory and who has been
appointed by the World Triathlon Corporation to provide professional
services at an event in this state sanctioned by the World Triathlon
Corporation, may provide such professional services to athletes and team
personnel registered to train at a location in this state or registered
to compete in an event conducted under the sanction of the World Triath-
lon Corporation in the state without first being licensed pursuant to
the provisions of title 8 of the education law or certified pursuant to
the provisions of the public health law, as may be applicable. Such
services shall be provided only four days before through one day after
each of the following events:
a. Ironman Lake Placid scheduled to be held on July 26, 2020; and
b. Ironman 70.3 Lake Placid scheduled to be held on September 13,
2020.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed September 17, 2020.
ITEM B
Section 1. Section 3 of chapter 510 of the laws of 2013, authorizing
the city of Middletown to enter into a contract to sell or pledge as
collateral for a loan some or all of the delinquent liens held by such
city to a private party or engage a private party to collect some or all
of the delinquent tax liens held by it, as amended by chapter 391 of the
laws of 2017, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed on and after December 31, [2019] 2021.
§ 2. This act shall take effect immediately.
ITEM C
Section 1. Short title. This act shall be known and may be cited as
the "private activity bond allocation act of 2020".
§ 2. Legislative findings and declaration. The legislature hereby
finds and declares that the federal tax reform act of 1986 established a
statewide bond volume ceiling on the issuance of certain tax exempt
private activity bonds and notes and, under certain circumstances,
governmental use bonds and notes issued by the state and its public
authorities, local governments, agencies which issue on behalf of local
governments, and certain other issuers. The federal tax reform act
S. 7508--B 153 A. 9508--B
establishes a formula for the allocation of the bond volume ceiling
which was subject to temporary modification by gubernatorial executive
order until December 31, 1987. That act also permits state legislatures
to establish, by statute, an alternative formula for allocating the
volume ceiling. Bonds and notes subject to the volume ceiling require an
allocation from the state's annual volume ceiling in order to qualify
for federal tax exemption.
It is hereby declared to be the policy of the state to maximize the
public benefit through the issuance of private activity bonds for the
purposes of, among other things, allocating a fair share of the bond
volume ceiling upon initial allocation and from a bond reserve to local
agencies and for needs identified by local governments; providing hous-
ing and promoting economic development; job creation; an economical
energy supply; and resource recovery and to provide for an orderly and
efficient volume ceiling allocation process for state and local agencies
by establishing an alternative formula for making such allocations.
§ 3. Definitions. As used in this act, unless the context requires
otherwise:
1. "Bonds" means bonds, notes or other obligations.
2. "Carryforward" means an amount of unused private activity bond
ceiling available to an issuer pursuant to an election filed with the
internal revenue service pursuant to section 146(f) of the code.
3. "Code" means the internal revenue code of 1986, as amended.
4. "Commissioner" means the commissioner of the New York state depart-
ment of economic development.
5. "Covered bonds" means those tax exempt private activity bonds and
that portion of the non-qualified amount of an issue of governmental use
bonds for which an allocation of the statewide ceiling is required for
the interest earned by holders of such bonds to be excluded from the
gross income of such holders for federal income tax purposes under the
code.
6. "Director" means the director of the New York state division of the
budget.
7. "Issuer" means a local agency, state agency or other issuer.
8. "Local agency" means an industrial development agency established
or operating pursuant to article 18-A of the general municipal law, the
Troy industrial development authority and the Auburn industrial develop-
ment authority.
9. "Other issuer" means any agency, political subdivision or other
entity, other than a local agency or state agency, that is authorized to
issue covered bonds.
10. "Qualified small issue bonds" means qualified small issue bonds,
as defined in section 144(a) of the code.
11. "State agency" means the state of New York, the New York state
energy research and development authority, the New York job development
authority, the New York state environmental facilities corporation, the
New York state urban development corporation and its subsidiaries, the
Battery Park city authority, the port authority of New York and New
Jersey, the power authority of the state of New York, the dormitory
authority of the state of New York, the New York state housing finance
agency, the state of New York mortgage agency, and any other public
benefit corporation or public authority designated by the governor for
the purposes of this act.
12. "Statewide ceiling" means for any calendar year the highest state
ceiling (as such term is used in section 146 of the code) applicable to
New York state.
S. 7508--B 154 A. 9508--B
13. "Future allocations" means allocations of statewide ceiling for up
to two future years.
14. "Multi-year housing development project" means a project (a) which
qualifies for covered bonds; (b) which is to be constructed over two or
more years and (c) in which at least twenty percent of the dwelling
units will be occupied by persons and families of low income.
§ 4. Local agency set-aside. A set-aside of statewide ceiling for
local agencies for any calendar year shall be an amount which bears the
same ratio to one-third of the statewide ceiling as the population of
the jurisdiction of such local agency bears to the population of the
entire state. The commissioner shall administer allocations of such
set-aside to local agencies.
§ 5. State agency set-aside. A set-aside of statewide ceiling for all
state agencies for any calendar year shall be one-third of the statewide
ceiling. The director shall administer allocations of such set-aside to
state agencies and may grant an allocation to any state agency upon
receipt of an application in such form as the director shall require.
§ 6. Statewide bond reserve. One-third of the statewide ceiling is
hereby set aside as a statewide bond reserve to be administered by the
director.
1. Allocation of the statewide bond reserve among state agencies,
local agencies and other issuers. The director shall transfer a portion
of the statewide bond reserve to the commissioner for allocation to and
use by local agencies and other issuers in accordance with the terms of
this section. The remainder of the statewide bond reserve may be allo-
cated by the director to state agencies in accordance with the terms of
this section.
2. Allocation of statewide bond reserve to local agencies or other
issuers.
(a) Local agencies or other issuers may at any time apply to the
commissioner for an allocation from the statewide bond reserve. Such
application shall demonstrate:
(i) that the requested allocation is required under the code for the
interest earned on the bonds to be excluded from the gross income of
bondholders for federal income tax purposes;
(ii) that the local agency's remaining unused allocation provided
pursuant to section four of this act, and other issuer's remaining
unused allocation, or any available carryforward will be insufficient
for the specific project or projects for which the reserve allocation is
requested; and
(iii) that, except for those allocations made pursuant to section
thirteen of this act to enable carryforward elections, the requested
allocation is reasonably expected to be used during the calendar year,
and the requested future allocation is reasonably expected to be used in
the calendar year to which the future allocation relates.
(b) In reviewing and approving or disapproving applications, the
commissioner shall exercise discretion to ensure an equitable distrib-
ution of allocations from the statewide bond reserve to local agencies
and other issuers. Prior to making a determination on such applications,
the commissioner shall notify and seek the recommendation of the presi-
dent and chief executive officer of the New York state housing finance
agency in the case of an application related to the issuance of multi-
family housing or mortgage revenue bonds, and in the case of other
requests, such state officers, departments, divisions and agencies as
the commissioner deems appropriate.
S. 7508--B 155 A. 9508--B
(c) Applications for allocations shall be made in such form and
contain such information and reports as the commissioner shall require.
(d) On or before September fifteenth of each year, the commissioner
shall publish the total amount of local agency set-aside that has been
recaptured pursuant to section twelve of this act for that year on the
department of economic development's website.
3. Allocation of statewide bond reserve to state agencies. The direc-
tor may make an allocation from the statewide bond reserve to any state
agency. Before making any allocation of statewide bond reserve to state
agencies the director shall be satisfied:
(a) that the allocation is required under the code for the interest
earned on the bonds to be excluded from the gross income of bondholders
for federal income tax purposes;
(b) that the state agency's remaining unused allocation provided
pursuant to section five of this act or any available carryforward will
be insufficient to accommodate the specific bond issue or issues for
which the reserve allocation is requested; and
(c) that, except for those allocations made pursuant to section thir-
teen of this act to enable carryforward elections, the requested allo-
cation is reasonably expected to be used during the calendar year, and
the requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
§ 7. Access to employment opportunities. 1. All issuers shall require
that any new employment opportunities created in connection with indus-
trial or manufacturing projects financed through the issuance of quali-
fied small issue bonds shall be listed with the New York state depart-
ment of labor and with the one-stop career center established pursuant
to the federal Workforce Innovation and Opportunity Act (Pub. L. No.
113-128) serving the locality in which the employment opportunities are
being created. Such listing shall be in a manner and form prescribed by
the commissioner. All issuers shall further require that for any new
employment opportunities created in connection with an industrial or
manufacturing project financed through the issuance of qualified small
issue bonds by such issuer, industrial or manufacturing firms shall
first consider persons eligible to participate in the Workforce Inno-
vation and Opportunity Act (Pub. L. No. 113-128) programs who shall be
referred to the industrial or manufacturing firm by one-stop centers in
local workforce investment areas or by the department of labor. Issuers
of qualified small issue bonds are required to monitor compliance with
the provisions of this section as prescribed by the commissioner.
2. Nothing in this section shall be construed to require users of
qualified small issue bonds to violate any existing collective bargain-
ing agreement with respect to the hiring of new employees. Failure on
the part of any user of qualified small issue bonds to comply with the
requirements of this section shall not affect the allocation of bonding
authority to the issuer of the bonds or the validity or tax exempt
status of such bonds.
§ 8. Overlapping jurisdictions. In a geographic area represented by a
county local agency and one or more sub-county local agencies, the allo-
cation granted by section four of this act with respect to such area of
overlapping jurisdiction shall be apportioned one-half to the county
local agency and one-half to the sub-county local agency or agencies.
Where there is a local agency for the benefit of a village within the
geographic area of a town for the benefit of which there is a local
agency, the allocation of the village local agency shall be based on the
population of the geographic area of the village, and the allocation of
S. 7508--B 156 A. 9508--B
the town local agency shall be based upon the population of the
geographic area of the town outside of the village. Notwithstanding the
foregoing, a local agency may surrender all or part of its allocation
for such calendar year to another local agency with an overlapping
jurisdiction. Such surrender shall be made at such time and in such
manner as the commissioner shall prescribe.
§ 9. Ineligible local agencies. To the extent that any allocation of
the local agency set-aside would be made by this act to a local agency
which is ineligible to receive such allocation under the code or under
regulations interpreting the state volume ceiling provisions of the
code, such allocation shall instead be made to the political subdivision
for whose benefit that local agency was created.
§ 10. Municipal reallocation. The chief executive officer of any poli-
tical subdivision or, if such political subdivision has no chief execu-
tive officer, the governing board of the political subdivision for the
benefit of which a local agency has been established, may withdraw all
or any portion of the allocation granted by section four of this act to
such local agency. The political subdivision may then reallocate all or
any portion of such allocation, as well as all or any portion of the
allocation received pursuant to section nine of this act, to itself or
any other issuer established for the benefit of that political subdivi-
sion or may assign all or any portion of the allocation received pursu-
ant to section nine of this act to the local agency created for its
benefit. The chief executive officer or governing board of the political
subdivision, as the case may be, shall notify the commissioner of any
such reallocation.
§ 11. Future allocations for multi-year housing development projects.
1. In addition to other powers granted under this act, the commissioner
is authorized to make the following future allocations of statewide
ceiling for any multi-year housing development project for which the
commissioner also makes an allocation of statewide ceiling for the
current year under this act or for which, in the event of expiration of
provisions of this act described in section eighteen of this act, an
allocation of volume cap for a calendar year subsequent to such expira-
tion shall have been made under section 146 of the code: (a) to local
agencies from the local agency set-aside (but only with the approval of
the chief executive officer of the political subdivision to which the
local agency set-aside relates or the governing body of a political
subdivision having no chief executive officer) and (b) to other issuers
from that portion, if any, of the statewide bond reserve transferred to
the commissioner by the director. Any future allocation made by the
commissioner shall constitute an allocation of statewide ceiling for the
future year specified by the commissioner and shall be deemed to have
been made on the first day of the future year so specified.
2. In addition to other powers granted under this act, the director is
authorized to make future allocations of statewide ceiling from the
state agency set-aside or from the statewide bond reserve to state agen-
cies for any multi-year housing development project for which the direc-
tor also makes an allocation of statewide ceiling from the current year
under this act or for which, in the event of expiration of provisions of
this act described in section eighteen of this act, an allocation of
volume cap for a calendar year subsequent to such expiration shall have
been made under section 146 of the code, and is authorized to make
transfers of the statewide bond reserve to the commissioner for future
allocations to other issuers for multi-year housing development projects
for which the commissioner has made an allocation of statewide ceiling
S. 7508--B 157 A. 9508--B
for the current year. Any such future allocation or transfer of the
statewide bond reserve for future allocation made by the director shall
constitute an allocation of statewide ceiling or transfer of the state-
wide bond reserve for the future years specified by the director and
shall be deemed to have been made on the first day of the future year so
specified.
3. (a) If an allocation made with respect to a multi-year housing
development project is not used by September fifteenth of the year to
which the allocation relates, the allocation with respect to the then
current year shall be subject to recapture in accordance with the
provisions of section twelve of this act, and in the event of such a
recapture, unless a carryforward election by another issuer shall have
been approved by the commissioner or a carryforward election by a state
agency shall have been approved by the director, all future allocations
made with respect to such project pursuant to subdivision one or two of
this section shall be canceled.
(b) The commissioner and the director shall have the authority to make
future allocations from recaptured current year allocations and canceled
future allocations to multi-year housing development projects in a
manner consistent with the provisions of this act. Any such future allo-
cation shall, unless a carryforward election by another issuer shall
have been approved by the commissioner or a carryforward election by a
state agency shall have been approved by the director, be canceled if
the current year allocation for the project is not used by December 31,
2021.
(c) The commissioner and the director shall establish procedures
consistent with the provisions of this act relating to carryforward of
future allocations.
4. The aggregate future allocations from either of the two succeeding
years shall not exceed six hundred fifty million dollars for each such
year.
§ 12. Year end allocation recapture. On or before September first of
each year, each state agency shall report to the director and each local
agency and each other issuer shall report to the commissioner the amount
of bonds subject to allocation under this act that will be issued prior
to the end of the then current calendar year, and the amount of the
issuer's then total allocation that will remain unused. As of September
fifteenth of each year, the unused portion of each local agency's and
other issuer's then total allocation as reported and the unallocated
portion of the set-aside for state agencies shall be recaptured and
added to the statewide bond reserve and shall no longer be available to
covered bond issuers except as otherwise provided herein. From September
fifteenth through the end of the year, each local agency or other issuer
having an allocation shall immediately report to the commissioner and
each state agency having an allocation shall immediately report to the
director any changes to the status of its allocation or the status of
projects for which allocations have been made which should affect the
timing or likelihood of the issuance of covered bonds therefor. If the
commissioner determines that a local agency or other issuer has overes-
timated the amount of covered bonds subject to allocation that will be
issued prior to the end of the calendar year, the commissioner may
recapture the amount of the allocation to such local agency or other
issuer represented by such overestimation by notice to the local agency
or other issuer, and add such allocation to the statewide bond reserve.
The director may likewise make such determination and recapture with
respect to state agency allocations.
S. 7508--B 158 A. 9508--B
§ 13. Allocation carryforward. 1. No local agency or other issuer
shall make a carryforward election utilizing any unused allocation
(pursuant to section 146(f) of the code) without the prior approval of
the commissioner. Likewise no state agency shall make or file such an
election, or elect to issue or carryforward mortgage credit certif-
icates, without the prior approval of the director.
2. On or before November fifteenth of each year, each state agency
seeking unused statewide ceiling for use in future years shall make a
request for an allocation for a carryforward to the director, whose
approval shall be required before a carryforward election is filed by or
on behalf of any state agency. A later request may also be considered by
the director, who may file a carryforward election for any state agency
with the consent of such agency.
3. On or before November fifteenth of each year, each local agency or
other issuer seeking unused statewide ceiling for use in future years
shall make a request for an allocation for a carryforward to the commis-
sioner, whose approval shall be required before a carryforward election
is filed by or on behalf of any local or other agency. A later request
may also be considered by the commissioner.
4. On or before January fifteenth of each year, the director shall
publish the total amount of unused statewide ceiling from the prior year
on the division of budget's website.
§ 14. New York state bond allocation policy advisory panel. 1. There
is hereby created a policy advisory panel and process to provide policy
advice regarding the priorities for distribution of the statewide ceil-
ing.
2. The panel shall consist of five members, one designee being
appointed by each of the following: the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly. The designee of the
governor shall chair the panel. The panel shall monitor the allocation
process through the year, and in that regard, the division of the budget
and the department of economic development shall assist and cooperate
with the panel as provided in this section. The advisory process shall
operate through the issuance of advisory opinions by members of the
panel as provided in subdivisions six and seven of this section. A meet-
ing may be held at the call of the chair with the unanimous consent of
the members.
3. (a) Upon receipt of a request for allocation or a request for
approval of a carryforward election from the statewide reserve from a
local agency or other issuer, the commissioner shall, within five work-
ing days, notify the panel of such request and provide the panel with
copies of all application materials submitted by the applicant.
(b) Upon receipt of a request for allocation or a request for approval
of carryforward election from the statewide reserve from a state agency,
the director shall, within five working days, notify the panel of such
request and provide the panel with copies of all application materials
submitted by the applicant.
4. (a) Following receipt of a request for allocation from a local
agency or other issuer, the commissioner shall notify the panel of a
decision to approve or exclude from further consideration such request,
and the commissioner shall state the reasons. Such notification shall be
made with or after the transmittal of the information specified in
subdivision three of this section and at least five working days before
formal notification is made to the applicant.
S. 7508--B 159 A. 9508--B
(b) Following receipt of a request for allocation from a state agency,
the director shall notify the panel of a decision to approve or exclude
from further consideration such request, and shall state the reasons.
Such notification shall be made with or after the transmission of the
information specified in subdivision three of this section and at least
five working days before formal notification is made to the state agen-
cy.
5. The requirements of subdivisions three and four of this section
shall not apply to adjustments to allocations due to bond sizing chang-
es.
6. In the event that any decision to approve or to exclude from
further consideration a request for allocation is made within ten work-
ing days of the end of the calendar year and in the case of all requests
for consent to a carryforward election, the commissioner or director, as
is appropriate, shall provide the panel with the longest possible
advance notification of the action, consistent with the requirements of
the code, and shall, wherever possible, solicit the opinions of the
members of the panel before formally notifying any applicant of the
action. Such notification may be made by means of telephone communi-
cation to the members or by written notice delivered to the Albany
office of the appointing authority of the respective members.
7. Upon notification by the director or the commissioner, any member
of the panel may, within five working days, notify the commissioner or
the director of any policy objection concerning the expected action. If
three or more members of the panel shall submit policy objections in
writing to the intended action, the commissioner or the director shall
respond in writing to the objection prior to taking the intended action
unless exigent circumstances make it necessary to respond after the
action has been taken.
8. On or before the first day of July, in any year, the director shall
report to the members of the New York state bond allocation policy advi-
sory panel on the actual utilization of volume cap for the issuance of
bonds during the prior calendar year and the amount of such cap allo-
cated for carryforwards for future bond issuance. The report shall
include, for each local agency or other issuer and each state agency the
initial allocation, the amount of bonds issued subject to the allo-
cation, the amount of the issuer's allocation that remained unused, the
allocation of the statewide bond reserve, carryforward allocations and
recapture of allocations. Further, the report shall include projections
regarding private activity bond issuance for state and local issuers for
the calendar year, as well as any recommendations for legislative
action. The director shall publish the report on the division of budg-
et's website concurrently with the release of the report to the panel.
§ 15. Severability. If any clause, sentence, paragraph, section, or
item of this subpart shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section, or item thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 16. Notwithstanding any provisions of this act to the contrary (1)
provided that a local agency or other issuer certifies to the commis-
sioner on or before October 1, 2020 that it has issued private activity
bonds described in this act and the amount thereof which used statewide
ceiling, a commitment or allocation of statewide ceiling to a local
agency or other issuer made to or so used by such local agency or other
S. 7508--B 160 A. 9508--B
issuer pursuant to the federal tax reform act of 1986 on or after Janu-
ary 1, 2020 and prior to the effective date of this act, in an amount
which exceeds the local agency set-aside established by section four of
this act, shall be first chargeable to the statewide bond reserve estab-
lished pursuant to section six of this act, and (2) a commitment or
allocation of statewide ceiling to a state agency made to or used by
such agency pursuant to the internal revenue code, as amended, on or
after January 1, 2020 and prior to the effective date of this act, shall
be first chargeable to the state agency set-aside established pursuant
to section five of this act, and, thereafter, to the statewide bond
reserve established by section six of this act.
§ 17. Nothing contained in this act shall be deemed to supersede,
alter or impair any allocation used by or committed by the director or
commissioner to a state or local agency or other issuer pursuant to the
federal tax reform act of 1986 and prior to the effective date of this
act.
§ 18. This act shall take effect immediately; provided, however, that
sections three, four, five, six, seven, eight, nine, ten, twelve, thir-
teen and fourteen of this act shall expire July 1, 2022 when upon such
date the provisions of such sections shall be deemed repealed; except
that the provisions of subdivisions two and three of section thirteen of
this act shall expire and be deemed repealed February 15, 2022.
ITEM D
Section 1. Section 3 of chapter 448 of the laws of 2017, amending the
canal law relating to the upstate flood mitigation task force, is
amended to read as follows:
§ 3. This act shall take effect immediately; provided, however, that
section 139-d of the canal law, as added by section one of this act,
shall take effect April 1, 2018; and provided, further, that this act
shall expire and be deemed repealed March 31, [2020] 2021.
§ 2. This act shall take effect immediately.
ITEM E
Intentionally Omitted
ITEM F
Intentionally Omitted
ITEM G
Intentionally Omitted
ITEM H
Intentionally Omitted
ITEM I
S. 7508--B 161 A. 9508--B
Intentionally Omitted
ITEM J
Intentionally Omitted
ITEM K
Section 1. Section 3 of chapter 454 of the laws of 2010 amending the
vehicle and traffic law relating to authorizing a pilot residential
parking permit system in the city of Albany, as amended by chapter 243
of the laws of 2018, is amended to read as follows:
§ 3. This act shall take effect immediately and shall remain in full
force and effect for a period of [eight] NINE years after the implemen-
tation of the local law or ordinance adopted by the city of Albany
pursuant to section 1640-m of the vehicle and traffic law as added by
section two of this act at which time this act shall expire and be
deemed repealed.
§ 2. This act shall take effect immediately.
ITEM L
Section 1. Section 3 of chapter 465 of the laws of 1994, amending
chapter 285 of the laws of 1891 relating to charging a fee for admission
to the New York Botanical Garden, as amended by chapter 120 of the laws
of 2014, is amended to read as follows:
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 30, 1994; provided
that:
(a) the amendment made by section one of this act shall expire and be
deemed repealed on May 1, [2020] 2025; and
(b) section two of this act shall take effect on May 1, [2020] 2025.
§ 2. This act shall take effect immediately.
ITEM M
Section 1. Sections 5 and 6 of chapter 414 of the laws of 2018, creat-
ing the radon task force, as amended by chapter 225 of the laws of 2019,
are amended to read as follows:
§ 5. A report of the findings and recommendations of the task force
and any proposed legislation necessary to implement such findings shall
be filed with the governor, the temporary president of the senate, the
speaker of the assembly, the minority leader of the senate, and the
minority leader of the assembly on or before November first, two thou-
sand [twenty] TWENTY-ONE.
§ 6. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2020] 2021.
§ 2. This act shall take effect immediately.
ITEM N
Section 1. Section 3 of chapter 435 of the laws of 2014 amending the
environmental conservation law relating to defining spearguns and allow-
ing recreational spearfishing in New York's marine and coastal waters,
S. 7508--B 162 A. 9508--B
as amended by chapter 66 of the laws of 2017, is amended to read as
follows:
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed June 1, [2020]
2023.
§ 2. This act shall take effect immediately.
ITEM O
Section 1. Section 4 of chapter 330 of the laws of 2014, amending the
environmental conservation law relating to aquatic invasive species,
spread prevention, and penalties, as amended by chapter 81 of the laws
of 2019, is amended to read as follows:
§ 4. This act shall take effect one year after it shall have become a
law, and shall expire and be deemed repealed June 1, [2020] 2021.
Effective immediately, the addition, amendment, and/or repeal of any
rule or regulation necessary for the timely implementation of this act
on its effective date is authorized to be made on or before such effec-
tive date.
§ 2. This act shall take effect immediately.
ITEM P
Section 1. Section 11 of part B of chapter 104 of the laws of 2005,
enacting the September 11th worker protection task force act, as amended
by chapter 45 of the laws of 2015, is amended to read as follows:
§ 11. This act shall take effect September 11, 2005, and shall expire
and be deemed repealed on June 10, [2020] 2025.
§ 2. This act shall take effect immediately.
ITEM Q
Section 1. Section 4 of chapter 266 of the laws of 1981, amending the
civil practice law and rules relating to time limitations, as amended by
chapter 82 of the laws of 2018, is amended to read as follows:
§ 4. Every cause of action for an injury or death caused by contact
with or exposure to phenoxy herbicides while serving as a member of the
armed forces of the United States in Indo-China from February 28, 1961
through May 7, 1975, which is or would be barred prior to June 16, 1985,
because the applicable period of limitation has expired is hereby
revived and extended and any action thereon may be commenced and prose-
cuted provided such action is commenced not later than June 16, [2020]
2022.
§ 2. This act shall take effect immediately.
ITEM R
Section 1. Section 3 of chapter 455 of the laws of 1997, amending the
New York city civil court act and the civil practice law and rules
relating to authorizing New York city marshals to exercise the same
functions, powers and duties as sheriffs with respect to the execution
of money judgments, as amended by chapter 47 of the laws of 2019, is
amended to read as follows:
§ 3. This act shall take effect immediately and shall remain in full
force and effect only until June 30, [2020] 2021 when upon such date
this act shall be deemed repealed.
S. 7508--B 163 A. 9508--B
§ 2. This act shall take effect immediately.
ITEM S
Section 1. Section 2 of chapter 490 of the laws of 2017 amending the
insurance law relating to limits on certain supplementary insurance is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to new insurance policies
and contracts issued on and after such effective date and shall expire
and be deemed repealed June 30, [2020] 2023.
§ 2. This act shall take effect immediately.
ITEM T
Section 1. Section 54.50 of the local finance law, as amended by chap-
ter 74 of the laws of 2019, is amended to read as follows:
§ 54.50 Costs of sales; county of Erie. To facilitate the marketing of
any issue of serial bonds or notes of the county of Erie issued on or
before June thirtieth, two thousand [twenty] TWENTY-ONE such county may,
notwithstanding any limitations on private sales of bonds provided by
law, and subject to approval by the state comptroller of the terms and
conditions of such sale:
a. arrange for the underwriting of its bonds or notes at private sale
through negotiated agreement, compensation for such underwriting to be
provided by negotiated fee or by sale of such bonds or notes to an
underwriter at a price less than the sum of par value of, and the
accrued interest on, such obligations; or
b. arrange for the private sale of its bonds or notes through negoti-
ated agreement, compensation for such sales to be provided by negotiated
fee, if required. The cost of such underwriting or private placement
shall be deemed a preliminary cost for purposes of section 11.00 of this
chapter.
§ 2. This act shall take effect immediately.
ITEM U
Section 1. Section 2 of chapter 846 of the laws of 1970, amending the
county law relating to payment in lieu of taxes for property acquired
for park or recreational purposes, as amended by chapter 41 of the laws
of 2015, is amended to read as follows:
§ 2. This act shall take effect July 1, 1970 but shall be operative
only to and including June 30, [2020] 2025.
§ 2. This act shall take effect immediately.
ITEM V
Section 1. Section 3 of chapter 821 of the laws of 1970 amending the
town law relating to payment in lieu of taxes for property acquired for
park or recreational purposes by the town of Hempstead, as amended by
chapter 38 of the laws of 2015, is amended to read as follows:
§ 3. This act shall take effect July 1, 1970 but shall be operative
only to and including June 30, [2020] 2025.
§ 2. This act shall take effect immediately.
ITEM W
S. 7508--B 164 A. 9508--B
Section 1. Section 2 of chapter 20 of the laws of 1998, amending the
education law relating to the provision of physical therapy assistant
services in public and private primary and secondary schools, as amended
by chapter 27 of the laws of 2015, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in effect
until June 30, [2020] 2025 when upon such date the provisions of this
act shall expire and be deemed repealed.
§ 2. This act shall take effect immediately.
ITEM X
Section 1. Section 3 of chapter 549 of the laws of 1994, amending the
public authorities law relating to the membership composition of the
metropolitan transportation authority board, as amended by section 1 of
part J of chapter 73 of the laws of 2016, is amended to read as follows:
§ 3. This act shall take effect January 1, 1995 and shall expire and
be deemed repealed on June 30, [2020] 2024 and upon such date the
provisions of law amended by this act shall revert to and be read as if
the provisions of this act had not been enacted.
§ 2. This act shall take effect immediately.
ITEM Y
Section 1. Section 4 of part H1 of chapter 62 of the laws of 2003,
amending the public service law relating to establishing the New York
telecommunications relay service center, as amended by chapter 291 of
the laws of 2017, is amended to read as follows:
§ 4. This act shall take effect on April 1, 2003, provided, however,
if this act shall become a law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after April 1, 2003, provided, further, that section three of this
act shall expire on June 30, [2020] 2024.
§ 2. This act shall take effect immediately.
ITEM Z
Section 1. Section 4 of part U of chapter 55 of the laws of 2014,
amending the real property tax law relating to the tax abatement and
exemption for rent regulated and rent controlled property occupied by
senior citizens, as amended by section 1 of part EE of chapter 54 of the
laws of 2016, is amended to read as follows:
§ 4. This act shall take effect July 1, 2014, and sections one and two
of this act shall expire and be deemed repealed June 30, [2020] 2022;
provided that the amendment to section 467-b of the real property tax
law made by section one of this act shall not affect the expiration of
such section and shall be deemed to expire therewith.
§ 2. Section 4 of chapter 129 of the laws of 2014, amending the real
property tax law relating to the tax abatement and exemption for rent
regulated and rent controlled property occupied by persons with disabil-
ities, as amended by section 3 of part EE of chapter 54 of the laws of
2016, is amended to read as follows:
§ 4. This act shall take effect July 1, 2014 provided, however, that:
(a) the amendments to paragraph b of subdivision 3 of section 467-b of
the real property tax law made by section one of this act shall be
subject to the expiration and reversion of such subdivision pursuant to
section 17 of chapter 576 of the laws of 1974, as amended, when upon
S. 7508--B 165 A. 9508--B
such date the provisions of section two of this act shall take effect;
and
(b) nothing contained in this act shall be construed so as to extend
the provisions of this act beyond June 30, [2020] 2022, when upon such
date this act shall expire and the provisions contained in this act
shall be deemed repealed.
§ 3. This act shall take effect immediately.
ITEM AA
Section 1. Section 2 of chapter 427 of the laws of 2017 amending the
state technology law relating to the creation of a state information
technology innovation center, is amended to read as follows:
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed June 30,
[2020] 2024.
§ 2. This act shall take effect immediately.
ITEM BB
Section 1. Section 2 of chapter 606 of the laws of 2006 amending the
volunteer firefighters' benefit law relating to creating a presumption
relating to certain lung disabilities incurred by volunteer firefight-
ers, as amended by chapter 25 of the laws of 2015, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2020] 2025.
§ 2. This act shall take effect immediately.
ITEM CC
Section 1. Section 4 of chapter 668 of the laws of 1977, amending the
volunteer firefighters' benefit law relating to disability due to
disease or malfunction of the heart or coronary arteries, as amended by
chapter 26 of the laws of 2015, is amended to read as follows:
§ 4. The provisions of section two of this act shall remain in full
force and effect to and including the thirtieth day of June, [2020]
2025.
§ 2. This act shall take effect immediately.
ITEM DD
Section 1. Section 3 of chapter 217 of the laws of 2015, amending the
education law relating to certified school psychologists and special
education services and programs for preschool children with handicapping
conditions, as amended by chapter 68 of the laws of 2018, is amended to
read as follows:
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2014, provided,
however that the provisions of this act shall expire and be deemed
repealed June 30, [2020] 2022.
§ 2. This act shall take effect immediately.
ITEM EE
S. 7508--B 166 A. 9508--B
Section 1. Chapter 192 of the laws of 2011, relating to authorizing
certain health care professionals licensed to practice in other juris-
dictions to practice in this state in connection with an event sanc-
tioned by New York Road Runners, as amended by chapter 80 of the laws of
2019, is amended to read as follows:
Section 1. Notwithstanding any inconsistent provision of law, any
person who is licensed to practice as a physician, physician's assist-
ant, massage therapist, physical therapist, chiropractor, dentist, opto-
metrist, nurse, nurse practitioner, certified athletic trainer or podia-
trist in another state or territory, who is in good standing in such
state or territory and who has been appointed by the New York Road
Runners to provide professional services at an event in this state sanc-
tioned by the New York Road Runners, may provide such professional
services to athletes and team personnel registered to train at a
location in this state or registered to compete in an event conducted
under the sanction of the New York Road Runners in the state without
first being licensed pursuant to the provisions of title 8 of the educa-
tion law. Such services shall be provided only four days before through
one day after each of the following events:
a. the Staten Island half marathon scheduled to be held on [October
13, 2019] A DATE IN 2020;
b. the New York city marathon scheduled to be held on [November 3,
2019] A DATE IN 2020;
c. the Brooklyn half marathon scheduled to be held on [May 18, 2019
and May 16, 2020 ] A DATE IN 2020 AND ON MAY 15, 2021;
d. the Bronx half marathon scheduled to be held on [September 29,
2019] A DATE IN 2020;
e. the Queens 10k scheduled to be held on [June 15, 2019] A DATE IN
2020; and
f. the New York city half marathon scheduled to be held on [March 17,
2019 and March 15, 2020] A DATE IN 2020 AND ON MARCH 14, 2021.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2020] 2021.
§ 2. This act shall take effect immediately and shall be deemed to
have been in effect on and after January 1, 2020; provided that the
amendments to section 1 of chapter 192 of the laws of 2011, made by
section one of this act, shall not affect the expiration of such section
and shall be deemed repealed therewith.
ITEM FF
Section 1. Section 11 of chapter 378 of the laws of 2010 amending the
education law relating to paperwork reduction, as amended by chapter 49
of the laws of 2015, is amended to read as follows:
§ 11. This act shall take effect immediately; provided, however, that
the commissioner of education shall promulgate any rules or regulations
necessary to implement the provisions of this act on or before July 1,
2010; provided, further that if section ten of this act shall take
effect after July 1, 2010 it shall be deemed to have been in full force
and effect on and after July 1, 2010; and provided further that section
ten of this act shall expire and be deemed repealed on June 30, [2020]
2025.
§ 2. This act shall take effect immediately.
ITEM GG
S. 7508--B 167 A. 9508--B
Section 1. Section 54.40 of the local finance law, as amended by chap-
ter 71 of the laws of 2019, is amended to read as follows:
§ 54.40 Bonds and notes of the city of Yonkers. Subject to the
provisions of the New York state financial emergency act of nineteen
hundred eighty-four for the city of Yonkers, to facilitate the marketing
of any issue of serial bonds or notes of the city of Yonkers issued on
or before June thirtieth, two thousand [twenty] TWENTY-ONE, such city
may, notwithstanding any limitations on private sales of bonds provided
by law, and subject to approval by the state comptroller of the terms
and conditions of such sale: (a) arrange for the underwriting of its
bonds or notes at private sale through negotiated agreement, compen-
sation for such underwriting to be provided by negotiated fee or by sale
of such bonds or notes to an underwriter at a price of less than the sum
of par value of, and the accrued interest on, such obligations; or (b)
arrange for the private sale of its bonds or notes through negotiated
agreement, compensation for such sales to be provided by negotiated fee,
if required. The cost of such underwriting or private placement shall be
deemed a preliminary cost for purposes of section 11.00 of this article.
§ 2. This act shall take effect immediately.
ITEM HH
Section 1. Section 54.30 of the local finance law, as amended by chap-
ter 77 of the laws of 2019, is amended to read as follows:
§ 54.30 Costs of sales; bonds and notes of the city of Buffalo.
Subject to the provisions of chapter one hundred twenty-two of the laws
of two thousand three creating the Buffalo fiscal stability authority,
to facilitate the marketing of any issue of serial bonds or notes of the
city of Buffalo issued on or before June thirtieth, two thousand [twen-
ty] TWENTY-ONE, such city may, notwithstanding any limitations on
private sales of bonds provided by law, and subject to approval by the
state comptroller of the terms and conditions of such sale: (a) arrange
for the underwriting of its bonds or notes at private sale through nego-
tiated agreement, compensation for such underwriting to be provided by
negotiated fee or by sale of such bonds or notes to an underwriter at a
price of less than the sum of par value of, and the accrued interest on,
such obligations; or (b) arrange for the private sale of its bonds or
notes through negotiated agreement, compensation for such sales to be
provided by negotiated fee, if required. The cost of such underwriting
or private placement shall be deemed a preliminary cost for purposes of
section 11.00 of this article.
§ 2. This act shall take effect immediately.
ITEM II
Section 1. Subdivision 8 of section 9 of chapter 401 of the laws of
2002, amending the real property tax law and the Nassau county adminis-
trative code relating to assessment and review of assessments in the
county of Nassau, as amended by chapter 84 of the laws of 2018, is
amended to read as follows:
8. Notwithstanding the foregoing provisions of this act, on June 30,
[2020] 2022, the amendments of sections 6-2.1 and 6-13.0 of the Nassau
county administrative code, made by sections two and four of this act,
and section 6-24.1 of such code, as added by section seven of this act,
shall be deemed repealed. On such date the addition of the words "the
year following" to the first sentence of subdivision 8 of section 523-b
S. 7508--B 168 A. 9508--B
of the real property tax law, as amended by section one of this act,
shall be deemed repealed.
§ 2. This act shall take effect immediately.
ITEM JJ
Section 1. Section 2342 of the insurance law, as amended by chapter 69
of the laws of 2017, is amended to read as follows:
§ 2342. Expiration of certain provisions. The provisions of subsection
(c) of section two thousand three hundred seven, section two thousand
three hundred eight, subsection (a) of section two thousand three
hundred ten, sections two thousand three hundred sixteen, two thousand
three hundred twenty, two thousand three hundred twenty-three, two thou-
sand three hundred twenty-six, and two thousand three hundred thirty-
five, and subsection (b) of section two thousand three hundred thirty-
six of this article shall cease to be of any force or effect during the
period August third, two thousand one through the day before the effec-
tive date of the property/casualty insurance availability act, and after
June thirtieth, two thousand [twenty] TWENTY-THREE.
§ 2. Subsection (f) of section 2305 of the insurance law, as amended
by chapter 69 of the laws of 2017, is amended to read as follows:
(f) Subsection (a) of this section shall be of no force or effect
during the period August third, two thousand one through the day before
the effective date of the property/casualty insurance availability act,
and after June thirtieth, two thousand [twenty] TWENTY-THREE. During the
period August third, two thousand one through the day before the effec-
tive date of the property/casualty insurance availability act, and again
commencing on July first, two thousand [twenty] TWENTY-THREE, all rates
previously subject to subsection (a) of this section, other than rates
that are not required to be filed pursuant to subsection (b) of section
two thousand three hundred ten of this article or that have been
suspended from the filing requirement pursuant to section two thousand
three hundred eleven of this article, shall become subject to
subsections (b), (c) and (d) of this section. All other provisions of
this article applicable to kinds of insurance or insurance activities
the rates for which are subject to prior approval under subsection (b)
of this section shall apply to kinds of insurance the rates for which
were previously subject to subsection (a) of this section or the rates
for which are not required to be filed pursuant to subsection (b) of
section two thousand three hundred ten of this article or the rates for
which have been suspended from the filing requirement pursuant to
section two thousand three hundred eleven of this article.
§ 3. Subsection (h) of section 2344 of the insurance law, as amended
by chapter 69 of the laws of 2017, is amended to read as follows:
(h) This section shall cease to be of any force or effect during the
period August third, two thousand one through the day before the effec-
tive date of the property/casualty insurance availability act, and after
June thirtieth, two thousand [twenty] TWENTY-THREE, except that rates
shall reflect the likely reductive cost effects reasonably attributable
to the statutory provisions specified in paragraph one of subsection (g)
of this section.
§ 4. Paragraphs 1 and 2 and the opening paragraph of paragraph 3 of
subsection (m) of section 3425 of the insurance law, as amended by chap-
ter 69 of the laws of 2017, are amended to read as follows:
(1) Paragraphs eight and nine of subsection (a), subsection (f) and
subparagraphs (B) and (E) of paragraph one of subsection (j) of this
S. 7508--B 169 A. 9508--B
section shall not apply to any new covered policy of automobile insur-
ance voluntarily written on or after August first, nineteen hundred
eighty-five and prior to January first, nineteen hundred eighty-six, and
on or after August second, two thousand one and prior to the effective
date of the property/casualty insurance availability act, and on or
after June thirtieth, two thousand [twenty] TWENTY-THREE, but the legal
rights granted to insurers or policyholders under such provisions shall
not be extinguished or impaired thereby.
(2) In lieu of such provisions, paragraph seven of subsection (a),
subparagraph (A) of paragraph one of subsection (j) of this section and
paragraph three of this subsection shall apply to such automobile insur-
ance policies that are newly and voluntarily written to have an effec-
tive date on or after August first, nineteen hundred eighty-five and
prior to January first, nineteen hundred eighty-six, and on or after
August second, two thousand one and prior to the effective date of the
property/casualty insurance availability act, and on or after June thir-
tieth, two thousand [twenty] TWENTY-THREE.
On and after August first, nineteen hundred eighty-five and prior to
January first, nineteen hundred eighty-six, and on or after August
second, two thousand one and prior to the effective date of the
property/casualty insurance availability act, and on or after June thir-
tieth, two thousand [twenty] TWENTY-THREE, no notice of nonrenewal or
conditional renewal of such covered automobile insurance policies
referred to in this subsection shall be issued to become effective
during the required policy period unless it is based upon a ground for
which the policy could have been cancelled or unless it is based upon
one or more of the following grounds that occurred during the thirty-six
month period ending on the last day of the fourth month preceding the
month of the effective date of such notice of nonrenewal or conditional
renewal:
§ 5. Sections 2328 and 2329 of the insurance law, as amended by chap-
ter 69 of the laws of 2017, are amended to read as follows:
§ 2328. Certain motor vehicle insurance rates; prior approval. For the
periods February first, nineteen hundred seventy-four through August
second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand [twenty] TWENTY-THREE, no changes in rates, rating plans,
rating rules and rate manuals applicable to motor vehicle insurance,
including no-fault coverages under article fifty-one of this chapter,
shall be made effective until approved by the superintendent, notwith-
standing any inconsistent provisions of this article; provided, however,
that changes in such rates, rating plans, rating rules and rate manuals
may be made effective without such approval if the rates that result
from such changes are no higher than the insurer's rates last approved
by the superintendent. This section shall apply only to policies cover-
ing losses or liabilities arising out of ownership of a motor vehicle
used principally for the transportation of persons for hire, including a
bus or a school bus as defined in sections one hundred four and one
hundred forty-two of the vehicle and traffic law.
§ 2329. Motor vehicle insurance rates; excess profits. In accordance
with regulations prescribed by the superintendent, each insurer issuing
policies that are subject to article fifty-one of this chapter, includ-
ing policies of motor vehicle personal injury liability insurance or
policies of motor vehicle property damage liability insurance or insur-
ance for loss or damage to a motor vehicle, shall establish a fair,
practicable, and nondiscriminatory plan for refunding or otherwise cred-
S. 7508--B 170 A. 9508--B
iting to those purchasing such policies their share of the insurer's
excess profit, if any, on such policies. An excess profit shall be a
profit beyond a percentage rate of return on net worth attributable to
such policies, computed in accordance with the regulation required by
section two thousand three hundred twenty-three of this article, and
determined by the superintendent to be so far above a reasonable average
profit as to amount to an excess profit, taking into consideration the
fact that losses or profits below a reasonable average profit will not
be recouped from such policyholders. Each plan shall apply to policy
periods for the periods January first, nineteen hundred seventy-four
through August second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand [twenty] TWENTY-THREE. In prescribing such regulations the
superintendent may limit the duration of such plans, waive any require-
ment for refund or credit that he or she determines to be de minimis or
impracticable, adopt forms of returns that shall be made to him or her
in order to establish the amount of any refund or credit due, establish
periods and times for the determination and distribution of refunds and
credits, and shall provide that insurers receive appropriate credit
against any refunds or credits required by any such plan for policyhold-
er dividends and for return premiums that may be due under rate credit
or retrospective rating plans based on experience.
§ 6. Subsection (g) of section 5412 of the insurance law, as amended
by chapter 69 of the laws of 2017, is amended to read as follows:
(g) The provisions of this section shall cease to be of any force or
effect on or after June thirtieth, two thousand [twenty] TWENTY-THREE,
except that policies issued or other obligations incurred by the associ-
ation shall not be impaired by the expiration of this section and the
association shall continue for the purpose of servicing such policies
and performing such obligations.
§ 7. This act shall take effect immediately.
ITEM KK
Section 1. Section 2 of chapter 548 of the laws of 2004 amending the
education law relating to certain tuition waivers for police officer
students of the city university of New York, as amended by chapter 67 of
the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2020] 2022.
§ 2. This act shall take effect immediately.
ITEM LL
Section 1. Section 2 of part U of chapter 56 of the laws of 2018,
amending the education law relating to requiring regulations to permit
tuition waivers for certain firefighters and fire officers for CUNY, is
amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2020] 2022.
§ 2. This act shall take effect immediately.
ITEM MM
Section 1. Section 2 of chapter 274 of the laws of 2010 amending the
environmental conservation law relating to repair of damaged pesticide
S. 7508--B 171 A. 9508--B
containers, as amended by chapter 94 of the laws of 2018, is amended to
read as follows:
§ 2. This act shall take effect immediately and shall expire July 1,
[2020] 2022 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
ITEM NN
Section 1. Section 33-0705 of the environmental conservation law, as
amended by section 1 of part SS of chapter 58 of the laws of 2017, is
amended to read as follows:
§ 33-0705. Fee for registration.
The applicant for registration shall pay a fee as follows:
a. On or before July 1, [2020] 2023, six hundred dollars for each
pesticide proposed to be registered, provided that the applicant has
submitted to the department proof in the form of a federal income tax
return for the previous year showing gross annual sales, for federal
income tax purposes, of three million five hundred thousand dollars or
less;
b. On or before July 1, [2020] 2023, for all others, six hundred twen-
ty dollars for each pesticide proposed to be registered;
c. After July 1, [2020] 2023, fifty dollars for each pesticide
proposed to be registered.
§ 2. Section 9 of chapter 67 of the laws of 1992, amending the envi-
ronmental conservation law relating to pesticide product registration
timetables and fees, as amended by section 2 of part SS of chapter 58 of
the laws of 2017, is amended to read as follows:
§ 9. This act shall take effect April 1, 1992 provided, however, that
section three of this act shall take effect July 1, 1993 and shall
expire and be deemed repealed on July 1, [2020] 2023.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
ITEM OO
Section 1. Section 2 of chapter 130 of the laws of 1998, amending the
general municipal law relating to temporary investments by local govern-
ments, as amended by chapter 65 of the laws of 2017, is amended to read
as follows:
§ 2. This act shall take effect June 30, 1998 and shall expire and be
deemed repealed on July 1, [2020] 2023, provided, however, that invest-
ments purchased prior to the expiration of this act pursuant to the
provisions of paragraph a of subdivision 3 of section 11 of the general
municipal law, as designated and amended by section one of this act,
shall continue to be subject to the conditions contained in such subdi-
vision to the same extent as they had been subject thereto prior to such
expiration and repeal.
§ 2. This act shall take effect immediately; provided however, that if
this act shall have become a law after July 1, 2020 it shall be deemed
to have been in full force and effect on and after July 1, 2020.
ITEM PP
Section 1. Section 4 of chapter 779 of the laws of 1986, amending the
social services law relating to authorizing services for non-residents
S. 7508--B 172 A. 9508--B
in adult homes, residences for adults and enriched housing programs, as
amended by chapter 49 of the laws of 2017, is amended to read as
follows:
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall remain in full force and effect
until July 1, [2020] 2023, provided however, that effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of the foregoing sections of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2020.
ITEM QQ
Section 1. The opening paragraph of paragraph (a) of section 54.10 of
the local finance law, as amended by chapter 75 of the laws of 2019, is
amended to read as follows:
To facilitate the marketing of any issue of bonds or notes of the city
of New York issued on or before June thirtieth, two thousand [twenty]
TWENTY-ONE, the mayor and comptroller of such city may, subject to the
approval of the state comptroller and the limitations on private sales
of bonds and notes, respectively, provided by law:
§ 2. The closing paragraph of paragraph a of section 54.90 of the
local finance law, as amended by chapter 75 of the laws of 2019, is
amended to read as follows:
Notwithstanding the foregoing, whenever in the judgment of the finance
board of the city of New York the interest of such city would be served
thereby, the city of New York may without further approval issue bonds
or notes, on or before July fifteenth, two thousand [twenty] TWENTY-ONE,
with interest rates that vary in accordance with a formula or procedure
and are subject to a maximum rate of interest set forth or referred to
in the bonds or notes and may provide the holders thereof with such
rights to require the city or other persons to purchase such bonds or
notes or renewals thereof from the proceeds of the resale thereof or
otherwise from time to time prior to the final maturity of such bonds or
notes as the finance board of the city of New York may determine and the
city may resell, at any time prior to final maturity, any such bonds or
notes acquired as a result of the exercise of such rights; provided,
however, that at no time shall the total principal amount of bonds and
notes issued by the city of New York pursuant to this paragraph (other
than bonds and notes (1) bearing interest at rates and for periods of
time that are specified without reference to future events or contingen-
cies, or (2) described in section 136.00 of this article) exceed twen-
ty-five percent of the limit prescribed by section 104.00 of this arti-
cle.
§ 3. The opening paragraph of subdivision 1 of paragraph d of section
54.90 of the local finance law, as amended by chapter 75 of the laws of
2019, is amended to read as follows:
On or before July fifteenth, two thousand [twenty] TWENTY-ONE the
mayor and comptroller of the city of New York may:
§ 4. The opening paragraph of paragraph a of section 57.00 of the
local finance law, as amended by chapter 75 of the laws of 2019, is
amended to read as follows:
Bonds shall be sold only at public sale and in accordance with the
procedure set forth in this section and sections 58.00 and 59.00 of this
S. 7508--B 173 A. 9508--B
title, except as otherwise provided in this paragraph. Bonds may be sold
at private sale to the United States government or any agency or instru-
mentality thereof, the state of New York municipal bond bank agency, to
any sinking fund or pension fund of the municipality, school district or
district corporation selling such bonds, or, in the case of sales by the
city of New York prior to July first, two thousand [twenty] TWENTY-ONE,
also to the municipal assistance corporation for the city of New York or
to any other purchaser with the consent of the mayor and the comptroller
of such city and approval of the state comptroller, or, in the case of
sales by the county of Nassau prior to December thirty-first, two thou-
sand seven, also to the Nassau county interim finance authority with the
approval of the state comptroller, or, in the case of sales by the city
of Buffalo prior to June thirtieth, two thousand thirty-seven, also to
the Buffalo fiscal stability authority with the approval of the state
comptroller, or, in the case of bonds or other obligations of a munici-
pality issued for the construction of any sewage treatment works, sewage
collecting system, storm water collecting system, water management
facility, air pollution control facility or solid waste disposal facili-
ty, also to the New York state environmental facilities corporation, or,
in the case of bonds or other obligations of a school district or a city
acting on behalf of a city school district in a city having a population
in excess of one hundred twenty-five thousand but less than one million
inhabitants according to the latest federal census, issued to finance or
refinance the cost of school district capital facilities or school
district capital equipment, as defined in section sixteen hundred seven-
ty-six of the public authorities law, also to the dormitory authority of
the state of New York. Bonds of a river improvement or drainage district
established by or under the supervision of the department of environ-
mental conservation may be sold at private sale to the state of New York
as investments for any funds of the state which by law may be invested,
provided, however, that the rate of interest on any such bonds so sold
shall be approved by the water power and control commission and the
state comptroller. Bonds may also be sold at private sale as provided in
section 63.00 of this title. No bonds shall be sold on option or on a
deferred payment plan, except that options to purchase, effective for a
period not exceeding one year, may be given:
§ 5. Subdivision 3 of paragraph g of section 90.00 of the local
finance law, as amended by chapter 75 of the laws of 2019, is amended to
read as follows:
3. Outstanding bonds may, pursuant to a power to recall and redeem or
with the consent of the holders thereof, be exchanged for refunding
bonds (i) if the refunding bonds are to bear interest at a rate equal to
or lower than that borne by the bonds to be refunded or (ii) if, in the
case of the city of New York prior to July first, two thousand [twenty]
TWENTY-ONE, the annual payment required for principal and interest on
the refunding bond is less than the annual payment required for princi-
pal and interest on the bond to be refunded, in each case such annual
payments to be determined by dividing the total principal and interest
payments due over the remaining life of the bond by the number of years
to maturity of the bond or (iii) if the bonds to be refunded were issued
by the city of New York after June thirtieth, nineteen hundred seventy-
eight and prior to July first, two thousand [twenty] TWENTY-ONE and
contain covenants referring to the existence of the New York state
financial control board for the city of New York or any other covenants
relating to matters other than the prompt payment of principal and
S. 7508--B 174 A. 9508--B
interest on the obligations when due and the refunding bond omits or
modifies any such covenant.
§ 6. Subdivision 1 of section 10-a of section 2 of chapter 868 of the
laws of 1975, constituting the New York state financial emergency act
for the city of New York, as amended by chapter 75 of the laws of 2019,
is amended to read as follows:
1. In the event that after the date on which the provisions of this
act become operative, any notes or bonds are issued by the city prior to
July 1, [2020] 2021, or any bonds are issued by a state financing agen-
cy, the state of New York hereby authorizes the city and authorizes and
requires such state financing agency to include a pledge and agreement
of the state of New York in any agreement made by the city or such state
financing agency with holders or guarantors of such notes or bonds that
the state will not take any action which will (a) substantially impair
the authority of the board during a control period, as defined in subdi-
vision twelve of section two of this act as in effect on the date such
notes or bonds are issued (i) to approve, disapprove, or modify any
financial plan or financial plan modification, including the revenue
projections (or any item thereof) contained therein, subject to the
standards set forth in paragraphs a, c, d, e and f of subdivision one of
section eight of this act as in effect on the date such notes or bonds
are issued and paragraph b of such subdivision as in effect from time to
time, (ii) to disapprove a contract of the city or a covered organiza-
tion if the performance of such contract would be inconsistent with the
financial plan or to approve or disapprove proposed short-term or long-
term borrowing of the city or a covered organization or any agreement or
other arrangement referred to in subdivision four of section seven of
this act, or (iii) to establish and adopt procedures with respect to the
deposit in and disbursement from the board fund of city revenues; (b)
substantially impair the authority of the board to review financial
plans, financial plan modifications, contracts of the city or the
covered organizations and proposed short-term or long-term borrowings of
the city and the covered organizations; (c) substantially impair the
independent maintenance of a separate fund for the payment of debt
service on bonds and notes of the city; (d) alter the composition of the
board so that the majority of the voting members of the board are not
officials of the state of New York elected in a state-wide election or
appointees of the governor; (e) terminate the existence of the board
prior to the time to be determined in accordance with section thirteen
of this act as in effect on the date such notes or bonds are issued; (f)
substantially modify the requirement that the city's financial state-
ments be audited by a nationally recognized independent certified public
accounting firm or consortium of firms and that a report on such audit
be furnished to the board; or (g) alter the definition of a control
period set forth in subdivision twelve of section two of this act, as in
effect on the date such notes or bonds are issued, or substantially
alter the authority of the board, as set forth in said subdivision to
reimpose or terminate a control period; provided, however, that the
foregoing pledge and agreement shall be of no further force and effect
if at any time (i) there is on deposit in a separate trust account with
a bank, trust company or other fiduciary sufficient moneys or direct
obligations of the United States or obligations guaranteed by the United
States, the principal of and/or interest on which will provide moneys to
pay punctually when due at maturity or prior to maturity by redemption,
in accordance with their terms, all principal of and interest on all
outstanding notes and bonds of the city or such state financing agency
S. 7508--B 175 A. 9508--B
containing this pledge and agreement and irrevocable instructions from
the city or such state financing agency to such bank, trust company or
other fiduciary for such payment of such principal and interest with
such moneys shall have been given, or (ii) such notes and bonds, togeth-
er with interest thereon, have been paid in full at maturity or have
otherwise been refunded, redeemed, defeased, or discharged; and provided
further that the foregoing pledge and agreement shall be of full force
and effect upon its inclusion in any agreement made by the city or state
financing agency with holders or guarantors of such notes or bonds.
Upon payment for such obligations issued pursuant to this act by the
original and all subsequent holders inclusion of the foregoing covenant
shall be deemed conclusive evidence of valuable consideration received
by the state and city for such covenant and of reliance upon such pledge
and agreement by any such holder. The state hereby grants any such bene-
fited holder the right to sue the state in a court of competent juris-
diction and enforce this covenant and agreement and waives all rights of
defense based on sovereign immunity in such an action or suit.
§ 7. Section 5 of chapter 142 of the laws of 2004, amending the local
finance law relating to interest rate exchange agreements of the city of
New York and refunding bonds of such city, as amended by chapter 75 of
the laws of 2019, is amended to read as follows:
§ 5. This act shall take effect immediately, provided, that section
three of this act shall expire and be deemed repealed July 15, [2020]
2021.
§ 8. Separability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
§ 9. This act shall take effect immediately.
ITEM RR
Section 1. The opening paragraph of subdivision 2 of section 228 of
the racing, pari-mutuel wagering and breeding law, as amended by chapter
122 of the laws of 2019, is amended to read as follows:
The New York state gaming commission shall, as a condition of racing,
require any franchised corporation and every other corporation subject
to its jurisdiction to withhold one percent of all purses, except that
for the franchised corporation, starting on September first, two thou-
sand seven and continuing through August thirty-first, two thousand
[twenty] TWENTY-ONE, two percent of all purses shall be withheld, and,
in the case of the franchised corporation, to pay such sum to the
horsemen's organization or its successor that was first entitled to
receive payments pursuant to this section in accordance with rules of
the commission adopted effective November third, nineteen hundred eight-
y-three representing at least fifty-one percent of the owners and train-
ers utilizing the facilities of such franchised corporation, on the
condition that such horsemen's organization shall expend as much as is
necessary, but not to exceed one-half of one percent of such total sum,
to acquire and maintain the equipment required to establish a program at
a state college within this state with an approved equine science
program to test for the presence of steroids in horses, provided further
that the qualified organization shall also, in an amount to be deter-
mined by its board of directors, annually include in its expenditures
S. 7508--B 176 A. 9508--B
for benevolence programs, funds to support an organization providing
services necessary to backstretch employees, and, in the case of every
other corporation, to pay such one percent sum of purses to the
horsemen's organization or its successor that was first entitled to
receive payments pursuant to this section in accordance with rules of
the commission adopted effective May twenty-third, nineteen hundred
eighty-six representing at least fifty-one percent of the owners and
trainers utilizing the facilities of such corporation.
§ 2. This act shall take effect immediately.
ITEM SS
Section 1. Section 11 of chapter 237 of the laws of 2015 amending the
judiciary law, the civil practice law and rules and other laws relating
to use of electronic means for the commencement and filing of papers in
certain actions and proceedings, as amended by chapter 212 of the laws
of 2019, is amended to read as follows:
§ 11. This act shall take effect immediately; provided that sections
four, five, six and seven of this act shall each expire and be deemed
repealed September 1, [2020] 2021; and provided that paragraph 2-a of
subdivision (b) of section 2111 of the civil practice law and rules, as
added by section two of this act, shall expire and be deemed repealed
September 1, [2020] 2021.
§ 2. This act shall take effect immediately.
ITEM TT
Section 1. Section 2 of chapter 890 of the laws of 1982, relating to
the establishment of certain water charges for hospitals and charities
in New York city, as amended by chapter 155 of the laws of 2018, is
amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect only until September 1, [2020] 2022.
§ 2. This act shall take effect immediately.
ITEM UU
Section 1. Section 4 of chapter 573 of the laws of 2011, amending the
correction law relating to the boarding of out of state inmates at local
correctional facilities, as amended by chapter 148 of the laws of 2017,
is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire September
1, [2020] 2023 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
ITEM VV
Section 1. Section 8 of chapter 29 of the laws of 2011 amending the
executive law and other laws relating to the adoption of the interstate
compact for juveniles by the state of New York, as amended by chapter
195 of the laws of 2015, is amended to read as follows:
§ 8. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire September 1, [2020] 2025 when upon
such date the provisions of this act shall be deemed repealed; provided,
however, that notwithstanding the provisions of article 5 of the general
S. 7508--B 177 A. 9508--B
construction law, on September 1, [2020] 2025 the provisions of chapter
155 of the laws of 1955, as repealed by section one of this act, are
hereby revived and shall continue in full force and effect as such
provisions existed on June 1, 2010; provided, further, nothing herein
shall disrupt services, supervision or return of juveniles, delinquents
and status offenders agreed to under the repealed 1955 interstate
compact on juveniles prior to such effective date, or preclude the state
of New York from entering into appropriate agreements with non-compact
member states for the proper supervision or return of juveniles, delin-
quents and status offenders who are on probation or parole and who have
absconded, escaped or run away from supervision and control and in so
doing have endangered their own safety and the safety of others.
§ 2. This act shall take effect immediately.
ITEM WW
Section 1. Section 2 of chapter 363 of the laws of 2010, amending the
judiciary law relating to granting the chief administrator of the courts
the authority to allow referees to determine applications for orders of
protection during the hours family court is in session, as amended by
chapter 161 of the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately; provided that paragraph
(n) of subdivision 2 of section 212 of the judiciary law, as added by
section one of this act, shall expire and be deemed repealed September
1, [2020] 2021.
§ 2. This act shall take effect immediately.
ITEM XX
Section 1. Subdivision 5 of section 139 of the economic development
law, as amended by chapter 372 of the laws of 2019, is amended to read
as follows:
5. Reporting. The advisory panel shall issue a report no later than
June thirtieth, two thousand [twenty] TWENTY-ONE outlining the findings
and recommendations of the panel. The report shall be delivered to the
governor, the speaker of the assembly, the temporary president of the
senate, the minority leader of the assembly, the minority leader of the
senate, the chair of the assembly committee on ways and means, the chair
of the senate committee on finance, the chair of the assembly committee
on economic development, the chair of the assembly committee on small
business, the chair of the senate committee on commerce, economic devel-
opment, and small business, the chair of the assembly committee on
labor, and the chair of the senate committee on labor.
§ 2. Section 2 of chapter 435 of the laws of 2017 amending the econom-
ic development law, relating to establishing an advisory panel on
employee-owned enterprises within the division of small business
services, as amended by chapter 372 of the laws of 2019, is amended to
read as follows:
§ 2. This act shall take effect immediately and shall expire October
1, [2020] 2021 when upon such date the provisions of this act shall be
deemed repealed.
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 5 of section 139 of the economic development law
made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
S. 7508--B 178 A. 9508--B
ITEM YY
Section 1. Section 4 of chapter 522 of the laws of 2000, amending the
state finance law and the general business law relating to establishing
the underground facilities safety training account, as amended by chap-
ter 126 of the laws of 2015, is amended to read as follows:
§ 4. This act shall take effect thirty days after it shall have become
a law and shall expire and be deemed repealed October 1, [2020] 2025.
§ 2. This act shall take effect immediately.
ITEM ZZ
Section 1. Subdivision (c) of section 3 of chapter 141 of the laws of
2014 amending the environmental conservation law relating to authorizing
the hunting of big game in the county of Albany with rifles, as amended
by chapter 160 of the laws of 2018, is amended to read as follows:
(c) nothing contained in this act shall be construed so as to extend
the provisions of this act beyond October 1, [2020] 2022, when upon such
date this act shall expire and the provisions contained herein shall be
deemed repealed.
§ 2. This act shall take effect immediately.
ITEM AAA
Section 1. Section 5 of chapter 396 of the laws of 2010 amending the
alcoholic beverage control law relating to liquidator's permits and
temporary retail permits, as amended by chapter 190 of the laws of 2019,
is amended to read as follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, [2020]
2021.
§ 2. This act shall take effect immediately.
ITEM BBB
Section 1. Section 2 of chapter 473 of the laws of 2010 amending the
racing, pari-mutuel wagering and breeding law relating to the New York
state thoroughbred breeding and development fund, as amended by chapter
343 of the laws of 2019, is amended to read as follows:
§ 2. This act shall take effect immediately, provided, however that
this act shall expire and be deemed repealed [nine] TEN years after the
commencement of the operation of a video lottery facility at Aqueduct
racetrack; provided that the chair of the New York state thoroughbred
breeding and development fund shall notify the legislative bill drafting
commission upon the occurrence of the commencement of the operation of a
video lottery facility at Aqueduct racetrack in order that the commis-
sion may maintain an accurate and timely effective data base of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law; provided further, that effec-
tive immediately the addition, amendment and/or repeal of any rules or
regulations necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such date.
S. 7508--B 179 A. 9508--B
§ 2. This act shall take effect immediately.
ITEM CCC
Section 1. Section 3 of chapter 451 of the laws of 2012, amending the
labor law relating to permitted deductions from wages, as amended by
chapter 368 of the laws of 2018, is amended to read as follows:
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law and shall expire and be deemed repealed [8] 10 years
after such effective date.
§ 2. This act shall take effect immediately.
ITEM DDD
Section 1. The opening paragraph of section 3 and section 4 of chapter
456 of the laws of 2018 relating to establishing the digital currency
task force, is amended to read as follows:
On or before December 15, [2020] 2021, the task force shall submit to
the governor, the temporary president of the senate and the speaker of
the assembly a report containing, but not limited to, the following
information based on available data:
§ 4. This act shall take effect immediately and shall expire December
15, [2020] 2021 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
ITEM EEE
Section 1. Section 2 of chapter 548 of the laws of 2010, amending the
New York city charter relating to authorizing the city of New York to
sell to abutting property owners real property owned by such city,
consisting of tax lots that cannot be independently developed due to the
size, shape, configuration and topography of such lots and the zoning
regulations applicable thereto, as amended by chapter 505 of the laws of
2015, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire December
31, [2020] 2025, when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
ITEM FFF
Section 1. Section 2 of chapter 402 of the laws of 1994, amending the
state administrative procedure act relating to requiring certain agen-
cies to submit regulatory agendas for publication in the state register,
as amended by chapter 418 of the laws of 2016, is amended to read as
follows:
§ 2. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law and shall expire
and be deemed repealed on December 31, [2020] 2024, and upon such date
the provisions of subdivisions 1 and 2 of section 202-d of the state
administrative procedure act as amended by section one of this act shall
revert to and be read as set out in law on the date immediately preced-
ing such effective date.
§ 2. This act shall take effect immediately.
S. 7508--B 180 A. 9508--B
ITEM GGG
Section 1. Section 2 of chapter 378 of the laws of 2014, amending the
environmental conservation law relating to the taking of sharks, as
amended by chapter 427 of the laws of 2018, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2020] 2022.
§ 2. This act shall take effect immediately.
ITEM HHH
Section 1. Section 3 of chapter 306 of the laws of 2011, authorizing
owners of residential real property in high risk brush fire areas in the
borough of Staten Island to cut and remove reeds from their property, as
amended by chapter 393 of the laws of 2019, is amended to read as
follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2020] 2021.
§ 2. This act shall take effect immediately.
ITEM III
Section 1. Section 6 of chapter 110 of the laws of 2019, relating to
creating a temporary state commission to study and investigate how to
regulate artificial intelligence, robotics and automation, is amended to
read as follows:
§ 6. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2020] 2021.
§ 2. This act shall take effect immediately.
ITEM JJJ
Section 1. Subdivision 1 of section 1803-a of the real property tax
law is amended by adding a new paragraph (ii) to read as follows:
(II) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVI-
SION TO THE CONTRARY, IN A SPECIAL ASSESSING UNIT WHICH IS A CITY AND
FOR CURRENT BASE PROPORTIONS TO BE DETERMINED IN SUCH SPECIAL ASSESSING
UNIT'S FISCAL YEAR TWO THOUSAND TWENTY-ONE, THE PERCENT INCREASE OF THE
CURRENT BASE PROPORTION OF ANY CLASS OVER THE ADJUSTED BASE PROPORTION
OR ADJUSTED PROPORTIONS, WHICHEVER IS APPROPRIATE, OF THE IMMEDIATELY
PRECEDING YEAR SHALL BE DETERMINED BY THE LOCAL LEGISLATIVE BODY OF SUCH
SPECIAL ASSESSING UNIT, PROVIDED THAT SUCH PERCENT INCREASE SHALL BE NO
MORE THAN FIVE PERCENT, AND PROVIDED FURTHER, THAT THE LOCAL LEGISLATIVE
BODY SHALL MAKE SUCH DETERMINATION BY OCTOBER FIRST, TWO THOUSAND TWEN-
TY.
§ 2. In the event the special assessing unit which is a city has sent
out real property tax bills for its fiscal year 2021 before this act
shall have become a law, the city shall take such actions as are neces-
sary, consistent with applicable state and local law, to effect the
provisions of section one of this act, including, but not limited to,
revising the current base proportions and adjusted base proportions,
resetting the real property tax rates and sending amended real property
tax bills. Provided, however, that nothing in this act shall be deemed
to affect the obligation of any taxpayer with respect to the payment of
any installment of real property tax for such fiscal year which was due
S. 7508--B 181 A. 9508--B
and payable prior to the date such amended real property tax bills are
sent; for this purpose, such obligations shall be determined in accord-
ance with the applicable provisions of law that were in effect imme-
diately prior to the effective date of this act, and such city shall be
authorized to determine the date on which amended bills are to be sent
and the installments of real property tax which are to be reflected
therein.
§ 3. This act shall take effect immediately.
ITEM KKK
Section 1. Subparagraph (xix) of paragraph (a) of subdivision 3 of
section 1903 of the real property tax law, as amended by chapter 121 of
the laws of 2019, is amended to read as follows:
(xix) Notwithstanding any other provision of law, in an approved
assessing unit in the town of Orangetown, county of Rockland and for
current base proportions to be determined by taxes based on such
approved assessing unit's two thousand eighteen--two thousand nineteen
[and], two thousand nineteen--two thousand twenty AND TWO THOUSAND TWEN-
TY--TWO THOUSAND TWENTY-ONE assessment rolls, the current base propor-
tion of any class shall not exceed the adjusted base proportion or
adjusted proportion, whichever is appropriate, of the immediately
preceding year, by more than one percent, provided that such approved
assessing unit has passed a local law, ordinance or resolution providing
therefor. Where the computation of current base proportions would other-
wise produce such result, the current base proportion of such class or
classes shall be limited to such one percent increase and the legisla-
tive body of such approved assessing unit shall alter the current base
proportion of either class so that the sum of the current base
proportions equals one.
§ 2. This act shall take effect immediately.
ITEM LLL
Section 1. Subparagraph (xx) of paragraph (a) of subdivision 3 of
section 1903 of the real property tax law, as amended by chapter 119 of
the laws of 2019, is amended to read as follows:
(xx) Notwithstanding any other provision of law, in an approved
assessing unit in the town of Clarkstown, county of Rockland and for
current base proportions to be determined by taxes based on such
approved assessing unit's two thousand seventeen--two thousand eighteen,
two thousand eighteen--two thousand nineteen [assessment], [and] two
thousand nineteen--two thousand twenty AND TWO THOUSAND TWENTY--TWO
THOUSAND TWENTY-ONE ASSESSMENT rolls, the current base proportion of any
class shall not exceed the adjusted base proportion or adjusted propor-
tion, whichever is appropriate, of the immediately preceding year, by
more than one percent, provided that such approved assessing unit has
passed a local law, ordinance or resolution providing therefor. Where
the computation of current base proportions would otherwise produce such
result, the current base proportion of such class or classes shall be
limited to such one percent increase and the legislative body of such
approved assessing unit shall alter the current base proportion of
either class so that the sum of the current base proportions equals one.
§ 2. This act shall take effect immediately.
ITEM MMM
S. 7508--B 182 A. 9508--B
Section 1. Subdivision 1 of section 1803-a of the real property tax
law is amended by adding a new paragraph (hh) to read as follows:
(HH) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVI-
SION TO THE CONTRARY, IN A SPECIAL ASSESSING UNIT THAT IS NOT A CITY AND
FOR CURRENT BASE PROPORTIONS TO BE DETERMINED BY TAXES BASED ON SUCH
SPECIAL ASSESSING UNIT'S TWO THOUSAND TWENTY ASSESSMENT ROLL, THE
CURRENT BASE PROPORTION OF ANY CLASS SHALL NOT EXCEED THE ADJUSTED BASE
PROPORTION OR ADJUSTED PROPORTION, WHICHEVER IS APPROPRIATE, OF THE
IMMEDIATELY PRECEDING YEAR BY MORE THAN ONE PERCENT. WHERE THE COMPUTA-
TION PERFORMED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WOULD
OTHERWISE PRODUCE SUCH RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS
OR CLASSES SHALL BE LIMITED TO SUCH ONE PERCENT INCREASE AND THE LEGIS-
LATIVE BODY OF SUCH SPECIAL ASSESSING UNIT SHALL ALTER THE CURRENT BASE
PROPORTION OF ANY OR ALL REMAINING CLASSES SO THAT THE SUM OF THE
CURRENT BASE PROPORTIONS EQUALS ONE.
§ 2. Subparagraph (iv) of paragraph (a) of subdivision 3 of section
1903 of the real property tax law, as amended by chapter 12 of the laws
of 2019, is amended to read as follows:
(iv) Notwithstanding any other provision of law, in an approved
assessing unit in the county of Suffolk and for current base proportions
to be determined by taxes based on such approved assessing unit's two
thousand three - two thousand four, two thousand four - two thousand
five and two thousand five - two thousand six assessment rolls, the
current base proportion of any class shall not exceed the adjusted base
proportion or adjusted proportion, whichever is appropriate, of the
immediately preceding year by more than two percent, or in the case of
the two thousand five--two thousand six, two thousand six--two thousand
seven, two thousand seven--two thousand eight, two thousand eight--two
thousand nine, two thousand twelve--two thousand thirteen, two thousand
thirteen--two thousand fourteen, two thousand fourteen--two thousand
fifteen, two thousand fifteen--two thousand sixteen, two thousand
sixteen--two thousand seventeen, two thousand seventeen--two thousand
eighteen, two thousand eighteen--two thousand nineteen, [and] two thou-
sand nineteen--two thousand twenty, AND TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE assessment rolls, one percent. Where the computation of
current base proportions would otherwise produce such result, the
current base proportion of such class or classes shall be limited to
such two percent or one percent increase whichever is applicable, and
the legislative body of such approved assessing unit shall alter the
current base proportion of either class so that the sum of the current
base proportions equals one.
§ 3. Paragraph (a) of subdivision 3 of section 1903 of the real prop-
erty tax law is amended by adding a new subparagraph (xxii) to read as
follows:
(XXII) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN AN APPROVED
ASSESSING UNIT IN THE COUNTY OF NASSAU AND FOR CURRENT BASE PROPORTIONS
TO BE DETERMINED BY TAXES BASED ON SUCH APPROVED ASSESSING UNIT'S TWO
THOUSAND TWENTY ASSESSMENT ROLL, THE CURRENT BASE PROPORTION OF ANY
CLASS SHALL NOT EXCEED THE ADJUSTED BASE PROPORTION OR ADJUSTED PROPOR-
TION, WHICHEVER IS APPROPRIATE, OF THE IMMEDIATELY PRECEDING YEAR, BY
MORE THAN ONE PERCENT, PROVIDED THAT SUCH APPROVED ASSESSING UNIT HAS
PASSED A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR. WHERE
THE COMPUTATION OF CURRENT BASE PROPORTIONS WOULD OTHERWISE PRODUCE SUCH
RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS OR CLASSES SHALL BE
LIMITED TO SUCH ONE PERCENT INCREASE AND THE LEGISLATIVE BODY OF SUCH
S. 7508--B 183 A. 9508--B
APPROVED ASSESSING UNIT SHALL ALTER THE CURRENT BASE PROPORTION OF
EITHER CLASS SO THAT THE SUM OF THE CURRENT BASE PROPORTIONS EQUALS ONE.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall apply to the levy of taxes based on the
2020 assessment roll in a special assessing unit that is not a city and
that section three of this act shall apply to the levy of taxes based on
the 2020 assessment roll in approved assessing units in the county of
Nassau that pass a local law, ordinance or resolution to adopt these
provisions.
ITEM NNN
Section 1. Subdivision c of section 208-f of the general municipal
law, as amended by chapter 382 of the laws of 2019, is amended to read
as follows:
c. Commencing July first, two thousand [nineteen] TWENTY the special
accidental death benefit paid to a widow or widower or the deceased
member's children under the age of eighteen or, if a student, under the
age of twenty-three, if the widow or widower has died, shall be esca-
lated by adding thereto an additional percentage of the salary of the
deceased member (as increased pursuant to subdivision b of this section)
in accordance with the following schedule:
calendar year of death
of the deceased member per centum
1977 or prior [246.1%] 256.5%
1978 [236%] 246.1%
1979 [226.2%] 236%
1980 [216.7%] 226.2%
1981 [207.5%] 216.7%
1982 [198.5%] 207.5%
1983 [189.8%] 198.5%
1984 [181.4%] 189.8%
1985 [173.2%] 181.4%
1986 [165.2%] 173.2%
1987 [157.5%] 165.2%
1988 [150.0%] 157.5%
1989 [142.7%] 150.0%
1990 [135.7%] 142.7%
1991 [128.8%] 135.7%
1992 [122.1%] 128.8%
1993 [115.7%] 122.1%
1994 [109.4%] 115.7%
1995 [103.3%] 109.4%
1996 [97.4%] 103.3%
1997 [91.6%] 97.4%
1998 [86.0%] 91.6%
1999 [80.6%] 86.0%
2000 [75.4%] 80.6%
2001 [70.2%] 75.4%
2002 [65.3%] 70.2%
2003 [60.5%] 65.3%
2004 [55.8%] 60.5%
2005 [51.3%] 55.8%
2006 [46.9%] 51.3%
2007 [42.6%] 46.9%
2008 [38.4%] 42.6%
S. 7508--B 184 A. 9508--B
2009 [34.4%] 38.4%
2010 [30.5%] 34.4%
2011 [26.7%] 30.5%
2012 [23.0%] 26.7%
2013 [19.4%] 23.0%
2014 [15.9%] 19.4%
2015 [12.6%] 15.9%
2016 [9.3%] 12.6%
2017 [6.1%] 9.3%
2018 [3.0%] 6.1%
2019 [0.0%] 3.0%
2020 0.0%
§ 2. Subdivision c of section 361-a of the retirement and social secu-
rity law, as amended by chapter 382 of the laws of 2019, is amended to
read as follows:
c. Commencing July first, two thousand [nineteen] TWENTY the special
accidental death benefit paid to a widow or widower or the deceased
member's children under the age of eighteen or, if a student, under the
age of twenty-three, if the widow or widower has died, shall be esca-
lated by adding thereto an additional percentage of the salary of the
deceased member, as increased pursuant to subdivision b of this section,
in accordance with the following schedule:
calendar year of death
of the deceased member per centum
1977 or prior [246.1%] 256.5%
1978 [236%] 246.1%
1979 [226.2%] 236%
1980 [216.7%] 226.2%
1981 [207.5%] 216.7%
1982 [198.5%] 207.5%
1983 [189.8%] 198.5%
1984 [181.4%] 189.8%
1985 [173.2%] 181.4%
1986 [165.2%] 173.2%
1987 [157.5%] 165.2%
1988 [150.0%] 157.5%
1989 [142.7%] 150.0%
1990 [135.7%] 142.7%
1991 [128.8%] 135.7%
1992 [122.1%] 128.8%
1993 [115.7%] 122.1%
1994 [109.4%] 115.7%
1995 [103.3%] 109.4%
1996 [97.4%] 103.3%
1997 [91.6%] 97.4%
1998 [86.0%] 91.6%
1999 [80.6%] 86.0%
2000 [75.4%] 80.6%
2001 [70.2%] 75.4%
2002 [65.3%] 70.2%
2003 [60.5%] 65.3%
2004 [55.8%] 60.5%
2005 [51.3%] 55.8%
2006 [46.9%] 51.3%
2007 [42.6%] 46.9%
2008 [38.4%] 42.6%
S. 7508--B 185 A. 9508--B
2009 [34.4%] 38.4%
2010 [30.5%] 34.4%
2011 [26.7%] 30.5%
2012 [23.0%] 26.7%
2013 [19.4%] 23.0%
2014 [15.9%] 19.4%
2015 [12.6%] 15.9%
2016 [9.3%] 12.6%
2017 [6.1%] 9.3%
2018 [3.0%] 6.1%
2019 [0.0%] 3.0%
2020 0.0%
§ 3. This act shall take effect July 1, 2020.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend both the General Municipal Law and the Retire-
ment and Social Security Law to increase the salary used in the computa-
tion of the special accidental death benefit by 3% in cases where the
date of death was before 2020.
Insofar as this bill would amend the Retirement and Social Security
Law, it is estimated that there would be an additional annual cost of
approximately $606,000 above the approximately $13.6 million current
annual cost of this benefit. This cost would be shared by the State of
New York and all participating employers of the New York State and Local
Police and Fire Retirement System.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes, Rules and Regulations of the State of New
York: Adult and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2019
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 24, 2020, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-57,
prepared by the Actuary for the New York State and Local Retirement
System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation would amend General Munici-
pal Law (GML) Section 208-f(c) to increase certain Special Accidental
Death Benefits (SADB) for surviving spouses, dependent children, and
certain other individuals (Eligible Beneficiaries) of former uniformed
employees of the City of New York and the New York City Health and
Hospitals Corporation, and for certain former employees of the Tribor-
ough Bridge and Tunnel Authority, who were members of certain New York
City Pension Funds or Retirement Systems (NYCRS) and died as a natural
S. 7508--B 186 A. 9508--B
and proximate result of an accident sustained in the performance of
duty.
Effective Date: July 1, 2020.
BACKGROUND: Under the GML, the basic SADB is defined as:
The salary of the deceased member at date of death (or, in certain
instances, a greater salary based on a higher rank or other status)
(Final Salary), less the following payments to an Eligible Beneficiary:
* Any NYCRS death benefit as adjusted by any Supplementation or Cost-
of-Living Adjustment (COLA),
* Any Social Security death benefit, and
* Any Workers' Compensation benefit.
The SADB is paid to the deceased member's surviving spouse, if alive.
If the spouse is no longer alive, the SADB is paid to the deceased
member's children until age eighteen or until age twenty-three if a
student. If neither a spouse nor a dependent child is alive, the SADB
may be paid to certain other individuals, if eligible, in accordance
with certain laws related to the World Trade Center attack.
The GML also provides that the SADB is subject to escalation based on
the calendar year in which the former member died. The SADB has tradi-
tionally been increased by a cumulative, incremental percentage of Final
Salary based on the calendar year of the member's death.
IMPACT ON BENEFITS: With respect to the NYCRS, the proposed legis-
lation would impact the SADB payable to certain survivors of members of
the:
* New York City Employees' Retirement System (NYCERS),
* New York City Police Pension Fund (POLICE), or
* New York City Fire Pension Fund (FIRE),
and who were employed by one of the following employers in certain
positions:
* New York City Police Department - Uniformed Position,
* New York City Fire Department - Uniformed Position,
* New York City Department of Sanitation - Uniformed Position,
* New York City Housing Authority - Uniformed Position,
* New York City Transit Authority - Uniformed Position,
* New York City Department of Correction - Uniformed Position,
* New York City - Uniformed Position as Emergency Medical Technician
(EMT),
* New York City Health and Hospitals Corporation - Uniformed Position
as EMT, or
* Triborough Bridge and Tunnel Authority - Bridge and Tunnel Position.
Under the proposed legislation, effective July 1, 2020, an additional
3.0% of Final Salary would be applied to the SADB paid due to deaths
occurring in each calendar year on and after 1977. The SADB for deaths
occurring prior to 1977 would receive the same escalation as deaths
occurring in 1977.
FINANCIAL IMPACT - PRESENT VALUES: Based on the Eligible Beneficiaries
of deceased NYCRS members who would be impacted by this proposed legis-
lation and the actuarial assumptions and methods described herein, the
enactment of this proposed legislation would increase the Present Value
of Future Benefits (PVFB) by approximately $52.0 million.
FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: As a result of the
past four decades' practice of providing 3.0% COLAs on the SADB each
year, and the likelihood that COLAs will continue to be granted in the
future, the Actuary assumes that the SADB benefit will continue to
increase 3.0% per year in the future in determining NYCRS employer
contributions. Therefore, the costs of this proposed legislation have
S. 7508--B 187 A. 9508--B
already been accounted for and will not result in a further increase in
employer contributions. There will, however, be a decrease in employer
contributions if the proposed legislation is not enacted.
In accordance with Section 13-638.2(k-2) of the Administrative Code of
the City of New York (ACCNY), new Unfunded Accrued Liability to benefit
changes are to be amortized as determined by the Actuary, but are gener-
ally amortized over the remaining working lifetime of those impacted by
the benefit changes. However, since changes in the SADB COLA paid are
not known in advance, the decrease in expected pension payments due to
this legislation not passing would be treated as an actuarial gain.
These actuarial gains would be amortized over a 15-year period (14
payments under the One-Year Lag Methodology (OYLM)) using level dollar
payments. This would result in a decrease in NYCRS annual employer
contributions of approximately $6.2 million each year.
CONTRIBUTION TIMING: For the purposes of this Fiscal Note, it is
assumed that the changes in the PVFB and annual employer contributions
if this proposed legislation fails to pass, would be reflected for the
first time in the Final June 30, 2021 actuarial valuations of NYCERS,
POLICE, and FIRE. In accordance with the OYLM used to determine employer
contributions, the decrease in employer contributions would first be
reflected in Fiscal Year 2023.
CENSUS DATA: The estimates presented herein are based upon the census
data for such Eligible Beneficiaries provided by NYCRS.
Annual Accidental Death
Number of Deceased Members Benefit Prior to Proposed
Retirement System with Eligible Survivors July 1, 2019 Increase
($ Millions)
NYCERS 40 $ 3.7
POLICE 426 48.6
FIRE 643 77.3
Total 1,109 $129.6
ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the PVFB and annual
employer contributions presented herein have been calculated based on
the actuarial assumptions and methods in effect for the June 30, 2019
(Lag) actuarial valuations used to determine the Preliminary Fiscal Year
2021 employer contributions of NYCERS, POLICE, and FIRE.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, as well as
certain demographic characteristics of NYCERS, POLICE and FIRE and other
exogenous factors such as investment, contribution, and other risks. If
actual experience deviates from actuarial assumptions, the actual costs
could differ from those presented herein. Costs are also dependent on
the actuarial methods used, and therefore different actuarial methods
could produce different results. Quantifying these risks is beyond the
scope of this Fiscal Note.
Not measured in this Fiscal Note are the following:
* The initial, additional administrative costs of NYCERS, POLICE, and
FIRE and other New York City agencies to implement the proposed
legislation.
STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
ary for, and independent of, the New York City Retirement Systems and
Pension Funds. I am a Fellow of the Society of Actuaries, an Enrolled
S. 7508--B 188 A. 9508--B
Actuary under the Employee Retirement Income and Security Act of 1974, a
Member of the American Academy of Actuaries, and a Fellow of the Confer-
ence of Consulting Actuaries. I meet the Qualification Standards of the
American Academy of Actuaries to render the actuarial opinion contained
herein. To the best of my knowledge, the results contained herein have
been prepared in accordance with generally accepted actuarial principles
and procedures and with the Actuarial Standards of Practice issued by
the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-16 dated March 18,
2020 was prepared by the Chief Actuary for the New York City Employees'
Retirement System, the New York City Police Pension Fund, and New York
City Fire Pension Fund. This estimate is intended for use only during
the 2020 Legislative Session.
ITEM OOO
Section 1. Section 2 of chapter 633 of the laws of 2006, amending the
public health law relating to the home based primary care for the elder-
ly demonstration project, as amended by chapter 124 of the laws of 2015,
is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 1, [2021] 2026.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2021.
ITEM PPP
Section 1. Section 3 of chapter 329 of the laws of 2015, amending the
vehicle and traffic law relating to the residential parking system in
the village of Dobbs Ferry in the county of Westchester, as amended by
chapter 240 of the laws of 2017, is amended to read as follows:
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law and shall expire on January 1, [2021] 2025 when upon
such date the provisions of this act shall be deemed repealed.
§ 2. This act shall take effect immediately.
ITEM QQQ
Section 1. Section 3 of chapter 383 of the laws of 1991, relating to
the incorporation of the New York Zoological Society, as amended by
chapter 39 of the laws of 2015, is amended to read as follows:
§ 3. This act shall take effect immediately, provided, however, that
section two of this act shall take effect [July 1] DECEMBER 31, [2020]
2025.
§ 2. This act shall take effect immediately.
ITEM RRR
Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
section 489 of the real property tax law, as amended by chapter 72 of
the laws of 2019, is amended to read as follows:
Any city to which the multiple dwelling law is applicable, acting
through its local legislative body or other governing agency, is hereby
authorized and empowered, to and including January first, two thousand
[twenty] TWENTY-ONE, to adopt and amend local laws or ordinances provid-
ing that any increase in assessed valuation of real property shall be
S. 7508--B 189 A. 9508--B
exempt from taxation for local purposes, as provided herein, to the
extent such increase results from:
§ 2. The closing paragraph of subparagraph 6 of paragraph (a) of
subdivision 1 of section 489 of the real property tax law, as amended by
chapter 72 of the laws of 2019, is amended to read as follows:
Such conversion, alterations or improvements shall be completed within
thirty months after the date on which same shall be started except that
such thirty month limitation shall not apply to conversions of residen-
tial units which are registered with the loft board in accordance with
article seven-C of the multiple dwelling law pursuant to subparagraph
one of this paragraph. Notwithstanding the foregoing, a sixty month
period for completion shall be available for alterations or improvements
undertaken by a housing development fund company organized pursuant to
article eleven of the private housing finance law, which are carried out
with the substantial assistance of grants, loans or subsidies from any
federal, state or local governmental agency or instrumentality or which
are carried out in a property transferred from such city if alterations
and improvements are completed within seven years after the date of
transfer. In addition, the local housing agency is hereby empowered to
grant an extension of the period of completion for any project carried
out with the substantial assistance of grants, loans or subsidies from
any federal, state or local governmental agency or instrumentality, if
such alterations or improvements are completed within sixty months from
commencement of construction. Provided, further, that such conversion,
alterations or improvements shall in any event be completed prior to
June thirtieth, two thousand [twenty] TWENTY-ONE. Exemption for conver-
sions, alterations or improvements pursuant to subparagraph one, two,
three or four of this paragraph shall continue for a period not to
exceed fourteen years and begin no sooner than the first quarterly tax
bill immediately following the completion of such conversion, alter-
ations or improvements. Exemption for alterations or improvements pursu-
ant to this subparagraph or subparagraph five of this paragraph shall
continue for a period not to exceed thirty-four years and shall begin no
sooner than the first quarterly tax bill immediately following the
completion of such alterations or improvements. Such exemption shall be
equal to the increase in the valuation which is subject to exemption in
full or proportionally under this subdivision for ten or thirty years,
whichever is applicable. After such period of time, the amount of such
exempted assessed valuation of such improvements shall be reduced by
twenty percent in each succeeding year until the assessed value of the
improvements are fully taxable. Provided, however, exemption for any
conversion, alterations or improvements which are aided by a loan or
grant under article eight, eight-A, eleven, twelve, fifteen or twenty-
two of the private housing finance law, section six hundred ninety-six-a
or section ninety-nine-h of the general municipal law, or section three
hundred twelve of the housing act of nineteen hundred sixty-four (42
U.S.C.A. 1452b), or the Cranston-Gonzalez national affordable housing
act (42 U.S.C.A. 12701 et. seq.), or started after July first, nineteen
hundred eighty-three by a housing development fund company organized
pursuant to article eleven of the private housing finance law which are
carried out with the substantial assistance of grants, loans or subsi-
dies from any federal, state or local governmental agency or instrumen-
tality or which are carried out in a property transferred from any city
and where alterations and improvements are completed within seven years
after the date of transfer may commence at the beginning of any tax
quarter subsequent to the start of such conversion, alterations or
S. 7508--B 190 A. 9508--B
improvements and prior to the completion of such conversion, alterations
or improvements.
§ 3. This act shall take effect immediately.
ITEM SSS
Section 1. Section 3 of chapter 831 of the laws of 1981, amending the
labor law relating to fees and expenses in unemployment insurance
proceedings, as amended by chapter 257 of the laws of 2018, is amended
to read as follows:
§ 3. This act shall take effect January 1, 1982, provided, however,
that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
law as added by section one of this act shall remain in full force and
effect until December 31, [2020] 2022.
§ 2. This act shall take effect immediately.
ITEM TTT
Section 1. Paragraph 3 of subsection (c) of section 6302 of the insur-
ance law, as amended by chapter 438 of the laws of 2018, is amended to
read as follows:
(3) until [December thirty-first] JUNE THIRTIETH, two thousand [twen-
ty] TWENTY-THREE, a domestic property/casualty insurance company that
maintains at all times a surplus to policyholders of at least twice the
minimum surplus to policyholders required to be maintained for the kinds
of insurance that it is authorized to write in this state, or an insurer
licensed pursuant to article sixty-one of this chapter as a reciprocal
insurer that maintains at all times a surplus to policyholders of at
least the minimum surplus to policyholders required to be maintained for
the kinds of insurance that it is authorized to write in this state,
provided that the domestic property/casualty insurance company or recip-
rocal insurer: (A) has total direct premiums comprised of at least
ninety percent medical malpractice insurance; (B) assumes reinsurance
premiums in an amount that is less than five percent of total direct
premiums written; and (C) writes ninety percent of its total direct
premiums in this state.
§ 2. This act shall take effect immediately.
ITEM UUU
Section 1. The opening paragraph of subparagraph (B) of paragraph 2 of
subdivision (b) of section 1402 of the tax law, as amended by chapter
272 of the laws of 2017, is amended to read as follows:
For purposes of this subdivision, the phrase "real estate investment
trust transfer" shall mean any conveyance of real property or an inter-
est therein to a REIT, or to a partnership or corporation in which a
REIT owns a controlling interest immediately following the conveyance,
which conveyance (I) occurs in connection with the initial formation of
the REIT, provided that the conditions set forth in clauses (i) and (ii)
of this subparagraph are satisfied, or (II) in the case of any real
estate investment trust transfer occurring on or after July thirteenth,
nineteen hundred ninety-six and before September first, two thousand
[twenty] TWENTY-THREE, is described in the last sentence of this subpar-
agraph.
S. 7508--B 191 A. 9508--B
§ 2. Subparagraph 2 of paragraph (xi) of subdivision (b) of section
1201 of the tax law, as amended by chapter 272 of the laws of 2017, is
amended to read as follows:
(2) any issuance or transfer of an interest in a REIT, or in a part-
nership or corporation in which a REIT owns a controlling interest imme-
diately following the issuance or transfer, in connection with a trans-
action described in subparagraph one of this paragraph. Notwithstanding
the foregoing, a transaction described in the preceding sentence shall
not constitute a real estate investment trust transfer unless (A) it
occurs in connection with the initial formation of the REIT and the
conditions described in subparagraphs three and four of this paragraph
are satisfied, or (B) in the case of any real estate investment trust
transfer occurring on or after July thirteenth, nineteen hundred nine-
ty-six and before September first, two thousand [twenty] TWENTY-THREE,
the transaction is described in subparagraph five of this paragraph in
which case the provisions of such subparagraph shall apply.
§ 3. Subparagraph (B) of paragraph 2 of subdivision e of section
11-2102 of the administrative code of the city of New York, as amended
by chapter 272 of the laws of 2017, is amended to read as follows:
(B) any issuance or transfer of an interest in a REIT, or in a part-
nership or corporation in which a REIT owns a controlling interest imme-
diately following the issuance or transfer in connection with a trans-
action described in subparagraph (A) of this paragraph. Notwithstanding
the foregoing, a transaction described in the preceding sentence shall
not constitute a real estate investment trust transfer unless (i) it
occurs in connection with the initial formation of the REIT and the
conditions described in subparagraphs (C) and (D) of this paragraph are
satisfied, or (ii) in the case of any real estate investment trust
transfer occurring on or after July thirteenth, nineteen hundred nine-
ty-six and before September first, two thousand [twenty] TWENTY-THREE,
the transaction is described in subparagraph (E) of this paragraph in
which case the provision of such subparagraph shall apply.
§ 4. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or item of this subpart shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section,
or item thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Items A through UUU of this act shall
be as specifically set forth in the last section of such Items.
SUBPART C
Section 1. This Subpart enacts into law legislation providing for the
imposition of sales and compensating use taxes by certain munici-
palities. Each component is wholly contained within an Item identified
as Items A through EEE. The effective date for each particular provision
contained within an Item is set forth in the last section of such Item.
Any provision of any section contained within an Item, including the
effective date of the Item, which makes reference to a section "of this
act", when used in connection with that particular component, shall be
S. 7508--B 192 A. 9508--B
deemed to mean and refer to the corresponding section of the Item in
which it is found. Section three of this Subpart sets forth the general
effective date of this Subpart.
ITEM A
Section 1. Clause 10 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart A of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(10) the county of Albany is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, nineteen hundred ninety-two and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Notwithstanding any inconsistent provision of law, if the county
of Albany imposes the additional one percent rate of sales and compen-
sating use taxes authorized by section one of this act for any portion
of the period during which the county is so authorized to impose such
additional one percent rate of such taxes, then such county of Albany
shall allocate and distribute quarterly to the cities and the area in
the county outside the cities the same proportion of net collections
attributable to such additional one percent rate of such taxes as such
county is allocating and distributing the net collections from the coun-
ty's three percent rate of such taxes as of the date this act shall have
become a law, and such portion of net collections attributable to such
additional one percent rate of such taxes shall be allocated and
distributed to the towns and villages in such county in the same manner
as the net collections attributable to such county's three percent rate
of such taxes are allocated and distributed to such towns and villages
as of the date this act shall have become a law. In the event that any
city in the county of Albany exercises its prior right to impose tax
pursuant to section 1224 of the tax law, then the county of Albany shall
not be required to allocate and distribute net collections in accordance
with the previous sentence for any period of time during which any such
city tax is in effect.
§ 3. This act shall take effect immediately.
ITEM B
Section 1. Clause 8 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart B of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(8) the county of Allegany is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is: (i) one percent additional to the three
percent rate authorized above in this paragraph for such county for the
period beginning December first, nineteen hundred eighty-six and ending
November thirtieth, two thousand four; and (ii) one and one-half percent
additional to the three percent rate authorized above in this paragraph
for such county for the period beginning December first, two thousand
four and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM C
S. 7508--B 193 A. 9508--B
Section 1. Clause 18 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart C of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(18) the county of Broome is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning March first, nineteen hundred ninety-four, and ending November
thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM D
Section 1. Clause 5 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart D of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(5) the county of Cattaraugus is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning March first, nineteen hundred eighty-six and
ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM E
Section 1. Clause 9 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart E of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(9) the county of Cayuga is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, nineteen hundred ninety-two and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM F
Section 1. Clause 38 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart F of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(38) the county of Chautauqua is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate that is: (i) one and one-quarter percent
additional to the three percent rate authorized above in this paragraph
for such county for the period beginning March first, two thousand five
and ending August thirty-first, two thousand six; (ii) one percent addi-
tional to the three percent rate authorized above in this paragraph for
such county for the period beginning September first, two thousand six
and ending November thirtieth, two thousand seven; (iii) three-quarters
of one percent additional to the three percent rate authorized above in
this paragraph for such county for the period beginning December first,
two thousand seven and ending November thirtieth, two thousand ten; (iv)
one-half of one percent additional to the three percent rate authorized
above in this paragraph for such county for the period beginning Decem-
S. 7508--B 194 A. 9508--B
ber first, two thousand ten and ending November thirtieth, two thousand
fifteen; and (v) one percent additional to the three percent rate
authorized above in this clause for such county for the period beginning
December first, two thousand fifteen and ending November thirtieth, two
thousand [twenty] TWENTY-THREE;
§ 2. Section 1262-o of the tax law, as amended by section 2 of subpart
F of part A of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 1262-o. Disposition of net collections from the additional rate of
sales and compensating use taxes in the county of Chautauqua. Notwith-
standing any contrary provision of law, if the county of Chautauqua
imposes the additional one and one-quarter percent rate of sales and
compensating use taxes authorized by section twelve hundred ten of this
article for all or any portion of the period beginning March first, two
thousand five and ending August thirty-first, two thousand six, the
additional one percent rate authorized by such section for all or any of
the period beginning September first, two thousand six and ending Novem-
ber thirtieth, two thousand seven, the additional three-quarters of one
percent rate authorized by such section for all or any of the period
beginning December first, two thousand seven and ending November thirti-
eth, two thousand ten, the county shall allocate one-fifth of the net
collections from the additional three-quarters of one percent to the
cities, towns and villages in the county on the basis of their respec-
tive populations, determined in accordance with the latest decennial
federal census or special population census taken pursuant to section
twenty of the general municipal law completed and published prior to the
end of the quarter for which the allocation is made, and allocate the
remainder of the net collections from the additional three-quarters of
one percent as follows: (1) to pay the county's expenses for Medicaid
and other expenses required by law; (2) to pay for local road and bridge
projects; (3) for the purposes of capital projects and repaying any
debts incurred for such capital projects in the county of Chautauqua
that are not otherwise paid for by revenue received from the mortgage
recording tax; and (4) for deposit into a reserve fund for bonded
indebtedness established pursuant to the general municipal law. Notwith-
standing any contrary provision of law, if the county of Chautauqua
imposes the additional one-half percent rate of sales and compensating
use taxes authorized by such section twelve hundred ten for all or any
of the period beginning December first, two thousand ten and ending
November thirtieth, two thousand fifteen, the county shall allocate
three-tenths of the net collections from the additional one-half of one
percent to the cities, towns and villages in the county on the basis of
their respective populations, determined in accordance with the latest
decennial federal census or special population census taken pursuant to
section twenty of the general municipal law completed and published
prior to the end of the quarter for which the allocation is made, and
allocate the remainder of the net collections from the additional one-
half of one percent as follows: (1) to pay the county's expenses for
Medicaid and other expenses required by law; (2) to pay for local road
and bridge projects; (3) for the purposes of capital projects and repay-
ing any debts incurred for such capital projects in the county of Chau-
tauqua that are not otherwise paid for by revenue received from the
mortgage recording tax; and (4) for deposit into a reserve fund for
bonded indebtedness established pursuant to the general municipal law.
Notwithstanding any contrary provision of law, if the county of Chautau-
qua imposes the additional one percent rate of sales and compensating
S. 7508--B 195 A. 9508--B
use taxes authorized by such section twelve hundred ten for all or any
of the period beginning December first, two thousand fifteen and ending
November thirtieth, two thousand [twenty] TWENTY-THREE, the county shall
allocate three-twentieths of the net collections from the additional one
percent to the cities, towns and villages in the county on the basis of
their respective populations, determined in accordance with the latest
decennial federal census or special population census taken pursuant to
section twenty of the general municipal law completed and published
prior to the end of the quarter for which the allocation is made, and
allocate the remainder of the net collections from the additional one
percent as follows: (1) to pay the county's expenses for Medicaid and
other expenses required by law; (2) to pay for local road and bridge
projects; (3) for the purposes of capital projects and repaying any
debts incurred for such capital projects in the county of Chautauqua
that are not otherwise paid for by revenue received from the mortgage
recording tax; and (4) for deposit into a reserve fund for bonded
indebtedness established pursuant to the general municipal law. The net
collections from the additional rates imposed pursuant to this section
shall be deposited in a special fund to be created by such county sepa-
rate and apart from any other funds and accounts of the county to be
used for purposes above described.
§ 3. This act shall take effect immediately.
ITEM G
Section 1. Clause 27 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart G of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(27) the county of Chemung is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning December first, two thousand two, and ending November thirti-
eth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM H
Section 1. Clause 24 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart H of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(24) the county of Chenango is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, two thousand two, and ending November thirti-
eth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM I
Section 1. Clause 36 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart I of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(36) the county of Clinton is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
S. 7508--B 196 A. 9508--B
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning December first, two thousand seven, and ending November thir-
tieth, two thousand [twenty] TWENTY-THREE;
§ 2. Subdivision (cc) of section 1224 of the tax law, as amended by
section 2 of subpart I of part A of chapter 61 of the laws of 2017, is
amended to read as follows:
(cc) The county of Clinton shall have the sole right to impose the
additional one percent rate of tax which such county is authorized to
impose pursuant to the authority of section twelve hundred ten of this
article. Such additional rate of tax shall be in addition to any other
tax which such county may impose or may be imposing pursuant to this
article or any other law and such additional rate of tax shall not be
subject to preemption. The maximum three percent rate referred to in
this section shall be calculated without reference to the additional one
percent rate of tax which the county of Clinton is authorized and
empowered to adopt pursuant to section twelve hundred ten of this arti-
cle. Net collections from any additional rate of sales and compensating
use taxes which the county may impose during the period commencing
December first, two thousand eleven, and ending November thirtieth, two
thousand [twenty] TWENTY-THREE, pursuant to the authority of section
twelve hundred ten of this article shall be used by the county solely
for county purposes and shall not be subject to any revenue distribution
agreement entered into pursuant to the authority of subdivision (c) of
section twelve hundred sixty-two of this article.
§ 3. This act shall take effect immediately.
ITEM J
Section 1. Clause 21 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart J of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(21) the county of Columbia is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning March first, nineteen hundred ninety-five, and ending November
thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM K
Section 1. Clause 12 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart K of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(12) the county of Cortland is hereby further authorized and empowered
to adopt and amend local laws, ordinances, or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, nineteen hundred ninety-two and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM L
S. 7508--B 197 A. 9508--B
Section 1. Clause 41 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart L of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(41) the county of Delaware is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, two thousand two, and ending November thirti-
eth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM M
Section 1. Clause 29 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart M of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(29) the county of Dutchess is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is three-quarters of one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning March first, two thousand three, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE,
§ 2. This act shall take effect immediately.
ITEM N
Section 1. Clause 4 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart N of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(4) the county of Erie is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes (i) at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning January tenth, nineteen hundred eighty-eight and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE; and (ii) at a rate
which is three-quarters of one percent additional to the three percent
rate authorized above in this paragraph, and which is also additional to
the one percent rate also authorized above in this clause for such coun-
ty, for the period beginning December first, two thousand eleven, and
ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Subdivision 2 of section 1262-q of the tax law, as amended by
section 2 of subpart N of part A of chapter 61 of the laws of 2017, is
amended to read as follows:
(2) Net collections from the additional three-quarters of one percent
rate of sales and compensating use taxes which the county may impose
during the period commencing December first, two thousand eleven, and
ending November thirtieth, two thousand [twenty] TWENTY-THREE, pursuant
to the authority of item (ii) of clause (4) of subparagraph (i) of the
opening paragraph of section twelve hundred ten of this article shall be
used by the county solely for county purposes and shall not be subject
to any revenue distribution agreement the county entered into pursuant
to the authority of subdivision (c) of section twelve hundred sixty-two
of this part.
§ 3. This act shall take effect immediately.
ITEM O
S. 7508--B 198 A. 9508--B
Section 1. Clause 36 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart O of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(36) the county of Essex is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning December first, two thousand thirteen, and ending November
thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM P
Section 1. Clause 40 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart P of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(40) the county of Franklin is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is one percent additional to the three percent rate
authorized above in this paragraph for such county for the period begin-
ning June first, two thousand six and ending November thirtieth, two
thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM Q
Section 1. Clause 39 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart Q of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(39) the county of Fulton is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, two thousand five, and ending November thir-
tieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM R
Section 1. Clause 20 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart R of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(20) the county of Genesee is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, nineteen hundred ninety-four, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Notwithstanding any other provision of law to the contrary, the
one percent increase in sales and compensating use taxes authorized for
the county of Genesee until November 30, 2023 pursuant to clause 20 of
subparagraph (i) of the opening paragraph of section 1210 of the tax
law, as amended by section one of this act, shall be divided in the same
manner and proportion as the existing three percent sales and compensat-
ing use taxes in such county are divided.
§ 3. This act shall take effect immediately.
S. 7508--B 199 A. 9508--B
ITEM S
Section 1. Clause 15 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart S of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(15) the county of Greene is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning March first, nineteen hundred ninety-three, and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM T
Section 1. Clause 41 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as added by section 1 of subpart T of part
A of chapter 61 of the laws of 2017, is amended to read as follows:
(41) The county of Hamilton is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is one percent additional to the three percent rate
authorized above in this paragraph for such county for the period begin-
ning December first, two thousand thirteen and ending November thirti-
eth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM U
Section 1. Clause 19 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart U of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(19) the county of Herkimer is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, nineteen hundred ninety-four, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Section 1210-E of the tax law, as amended by section 2 of
subpart U of part A of chapter 61 of the laws of 2017, is amended to
read as follows:
§ 1210-E. Sales and compensating use taxes within Herkimer county. In
addition to the taxes imposed by section twelve hundred ten of this
subpart or any other provision of law, the county of Herkimer is hereby
authorized and empowered to adopt and amend local laws, ordinances or
resolutions imposing within the territorial limits of such county addi-
tional sales and compensating use taxes at the rate of one-quarter of
one percent for the period beginning December first, two thousand seven
and ending November thirtieth, two thousand [twenty] TWENTY-THREE, which
taxes shall be identical to the taxes imposed by such county pursuant to
the authority of section twelve hundred ten of this subpart. Except as
hereinafter provided, all provisions of this article, including the
definition and exemption provisions and the provisions relating to the
administration, collection and distribution by the commissioner, shall
apply for purposes of the taxes authorized by this section in the same
manner and with the same force and effect as if the language of this
article had been incorporated in full in this section and had expressly
S. 7508--B 200 A. 9508--B
referred to the taxes authorized by this section; provided, however,
that any provision relating to a maximum rate shall be calculated with-
out reference to the rate of additional sales and compensating use taxes
herein authorized. For purposes of part IV of this article, relating to
the disposition of revenues resulting from taxes collected and adminis-
tered by the commissioner, the additional sales and compensating use
taxes authorized by this section imposed under the authority of section
twelve hundred ten of this subpart and all provisions relating to the
deposit, administration and disposition of taxes, penalties and interest
relating to taxes imposed by a county under the authority of section
twelve hundred ten of this subpart shall, except as otherwise provided
in this section, apply to the additional sales and compensating use
taxes authorized by this section.
§ 3. Section 1262-s of the tax law, as amended by section 3 of
subpart U of part A of chapter 61 of the laws of 2017, is amended to
read as follows:
§ 1262-s. Disposition of net collections from the additional one-quar-
ter of one percent rate of sales and compensating use taxes in the coun-
ty of Herkimer. Notwithstanding any contrary provision of law, if the
county of Herkimer imposes the additional one-quarter of one percent
rate of sales and compensating use taxes authorized by section twelve
hundred ten-E of this article for all or any portion of the period
beginning December first, two thousand seven and ending November thirti-
eth, two thousand [twenty] TWENTY-THREE, the county shall use all net
collections from such additional one-quarter of one percent rate to pay
the county's expenses for the construction of additional correctional
facilities. The net collections from the additional rate imposed pursu-
ant to section twelve hundred ten-E OF THIS ARTICLE shall be deposited
in a special fund to be created by such county separate and apart from
any other funds and accounts of the county. Any and all remaining net
collections from such additional tax, after the expenses of such
construction are paid, shall be deposited by the county of Herkimer in
the general fund of such county for any county purpose.
§ 4. This act shall take effect immediately.
ITEM V
Section 1. Clause 37 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart V of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(37) the county of Jefferson is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning December first, two thousand fifteen, and
ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM W
Section 1. Clause 36 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart W of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(36) the county of Lewis is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is one percent additional to the three percent rate
S. 7508--B 201 A. 9508--B
authorized above in this paragraph for such county for the period begin-
ning June first, two thousand four, and ending November thirtieth, two
thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM X
Section 1. Clause 32 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart X of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(32) the county of Livingston is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning June first, two thousand three, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Section 1262-p of the tax law, as amended by section 2 of subpart
X of part A of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 1262-p. Disposition of net collections from the additional one
percent rate of sales and compensating use taxes in the county of
Livingston. Notwithstanding any contrary provision of law, if the coun-
ty of Livingston imposes the additional one percent rate of sales and
compensating use taxes authorized by section twelve hundred ten of this
article for all or any portion of the period beginning June first, two
thousand three and ending November thirtieth, two thousand [twenty]
TWENTY-THREE, the county shall use all net collections from such addi-
tional one percent rate to pay the county's expenses for Medicaid. The
net collections from the additional one percent rate imposed pursuant to
this section shall be deposited in a special fund to be created by such
county separate and apart from any other funds and accounts of the coun-
ty. Any and all remaining net collections from such additional one
percent tax, after the Medicaid expenses are paid, shall be deposited by
the county of Livingston in the general fund of such county for any
county purpose.
§ 3. This act shall take effect immediately.
ITEM Y
Section 1. Clause 35 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart Y of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(35) the county of Madison is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning June first, two thousand four, and ending November thirtieth,
two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM Z
Section 1. Clause 25 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart Z of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
S. 7508--B 202 A. 9508--B
(25) the county of Monroe is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for the period beginning Decem-
ber first, nineteen hundred ninety-three and ending November thirtieth,
two thousand [twenty] TWENTY-THREE;
§ 2. Notwithstanding the provisions of subdivisions (b) and (c) of
section 1262 and section 1262-g of the tax law, net collections, as such
term is defined in section 1262 of the tax law, derived from the imposi-
tion of sales and compensating use taxes by the county of Monroe at the
additional rate of one percent as authorized pursuant to clause (25) of
subparagraph (i) of the opening paragraph of section 1210 of the tax
law, as amended by section one of this act, which are in addition to the
current net collections derived from the imposition of such taxes at the
three percent rate authorized by the opening paragraph of section 1210
of the tax law, shall be distributed and allocated as follows: for the
period of December 1, 2020 through November 30, 2023 in cash, five
percent to the school districts in the area of the county outside the
city of Rochester, three percent to the towns located within the county,
one and one-quarter percent to the villages located within the county,
and ninety and three-quarters percent to the city of Rochester and coun-
ty of Monroe. The amount of the ninety and three-quarters percent to be
distributed and allocated to the city of Rochester and county of Monroe
shall be distributed and allocated to each so that the combined total
distribution and allocation to each from the sales tax revenues pursuant
to sections 1262 and 1262-g of the tax law and this section shall result
in the same total amount being distributed and allocated to the city of
Rochester and county of Monroe. The amount so distributed and allocated
to the county shall be used for county purposes. The foregoing cash
payments to the school districts shall be allocated on the basis of the
enrolled public school pupils, thereof, as such term is used in subdivi-
sion (b) of section 1262 of the tax law, residing in the county of
Monroe. The cash payments to the towns located within the county of
Monroe shall be allocated on the basis of the ratio which the population
of each town, exclusive of the population of any village or portion
thereof located within a town, bears to the total population of the
towns, exclusive of the population of the villages located within such
towns. The cash payments to the villages located within the county shall
be allocated on the basis of the ratio which the population of each
village bears to the total population of the villages located within the
county. The term population as used in this section shall have the same
meaning as used in subdivision (b) of section 1262 of the tax law.
§ 3. The net collections resulting from the additional sales and
compensating use taxes, as authorized by this act, shall not be included
in determining a sales tax increase or decrease as defined in paragraphs
(c) and (d) of subdivision 1 of section 1262-g of the tax law.
§ 4. Severability. If any clause, sentence, paragraph, or item of this
subpart shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or item thereof directly involved in the
controversy in which such judgment shall have been rendered.
§ 5. This act shall take effect immediately.
ITEM AA
S. 7508--B 203 A. 9508--B
Section 1. Clause 31 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart AA of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(31) the county of Montgomery is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning June first, two thousand three, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM BB
Section 1. Clause 2 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart BB of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(2) the county of Nassau is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is three-quarters percent additional to the three
percent rate authorized above in this paragraph for such county for the
period beginning January first, nineteen hundred eighty-six and ending
November thirtieth, two thousand [twenty] TWENTY-THREE, subject to the
limitation set forth in section twelve hundred sixty-two-e of this arti-
cle, and also at a rate which is one-half percent additional to the
three percent rate authorized above in this paragraph, and which is also
additional to the three-quarters percent rate also authorized above in
this clause for such county, for the period beginning September first,
nineteen hundred ninety-one and ending November thirtieth, two thousand
[twenty] TWENTY-THREE;
§ 2. Section 1262-e of the tax law, as amended by section 2 of subpart
BB of part A of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 1262-e. Establishment of local government assistance programs in
Nassau county. 1. Towns and cities. Notwithstanding any other provision
of law to the contrary, for the calendar year beginning on January
first, nineteen hundred ninety-eight and continuing through the calendar
year beginning on January first, two thousand [twenty] TWENTY-THREE, the
county of Nassau shall enact and establish a local government assistance
program for the towns and cities within such county to assist such towns
and cities to minimize real property taxes; defray the cost and expense
of the treatment, collection, management, disposal, and transportation
of municipal solid waste, and to comply with the provisions of chapter
two hundred ninety-nine of the laws of nineteen hundred eighty-three;
and defray the cost of maintaining conservation and environmental
control programs. Such special assistance program for the towns and
cities within such county and the funding for such program shall equal
one-third of the revenues received by such county from the imposition of
the three-quarters percent sales and use tax during calendar years two
thousand one, two thousand two, two thousand three, two thousand four,
two thousand five, two thousand six, two thousand seven, two thousand
eight, two thousand nine, two thousand ten, two thousand eleven, two
thousand twelve, two thousand thirteen, two thousand fourteen, two thou-
sand fifteen, two thousand sixteen,[,] two thousand seventeen, two thou-
sand eighteen, two thousand nineteen [and], two thousand twenty, TWO
THOUSAND TWENTY-ONE, TWO THOUSAND TWENTY-TWO AND TWO THOUSAND TWENTY-
THREE additional to the regular three percent rate authorized for such
S. 7508--B 204 A. 9508--B
county in section twelve hundred ten of this article. The monies for
such special local assistance shall be paid and distributed to the towns
and cities on a per capita basis using the population figures in the
latest decennial federal census. Provided further, that notwithstanding
any other law to the contrary, the establishment of such special assist-
ance program shall preclude any city or town within such county from
preempting or claiming under any other section of this chapter the
revenues derived from the additional tax authorized by section twelve
hundred ten of this article. Provided further, that any such town or
towns may, by resolution of the town board, apportion all or a part of
monies received in such special assistance program to an improvement
district or special district account within such town or towns in order
to accomplish the purposes of this special assistance program.
2. Villages. Notwithstanding any other provision of law to the contra-
ry, for the calendar year beginning on January first, nineteen hundred
ninety-eight and continuing through the calendar year beginning on Janu-
ary first, two thousand [twenty] TWENTY-THREE, the county of Nassau, by
local law, is hereby empowered to enact and establish a local government
assistance program for the villages within such county to assist such
villages to minimize real property taxes; defray the cost and expense of
the treatment, collection, management, disposal, and transportation of
municipal solid waste; and defray the cost of maintaining conservation
and environmental control programs. The funding of such local assistance
program for the villages within such county may be provided by Nassau
county during any calendar year in which such village local assistance
program is in effect and shall not exceed one-sixth of the revenues
received from the imposition of the three-quarters percent sales and use
tax that are remaining after the towns and cities have received their
funding pursuant to the provisions of subdivision one of this section.
The funding for such village local assistance program shall be paid and
distributed to the villages on a per capita basis using the population
figures in the latest decennial federal census. Provided further, that
the establishment of such village local assistance program shall
preclude any village within such county from preempting or claiming
under any other section of this chapter the revenues derived from the
additional tax authorized by section twelve hundred ten of this article.
§ 3. This act shall take effect immediately.
ITEM CC
Section 1. Clause 29 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart CC of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(29) the county of Niagara is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning March first, two thousand three, and ending November thirti-
eth, two thousand [twenty] TWENTY-THREE;
§ 2. Section 1262-n of the tax law, as amended section 2 of subpart CC
of part A of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 1262-n. Disposition of net collections from the additional one
percent rate of sales and compensating use taxes in the county of
Niagara. Notwithstanding any contrary provision of law, if the county
of Niagara imposes the additional one percent rate of sales and compen-
S. 7508--B 205 A. 9508--B
sating use taxes authorized by section twelve hundred ten of this arti-
cle for all or any portion of the period beginning March first, two
thousand three and ending November thirtieth, two thousand [twenty]
TWENTY-THREE, the county shall use all net collections from such addi-
tional one percent rate to pay the county's expenses for Medicaid. The
net collections from the additional one percent rate imposed pursuant to
this section shall be deposited in a special fund to be created by such
county separate and apart from any other funds and accounts of the coun-
ty. Any and all remaining net collections from such additional one
percent tax, after the Medicaid expenses are paid, shall be deposited by
the county of Niagara in the general fund of such county for any county
purpose.
§ 3. This act shall take effect immediately.
ITEM DD
Section 1. Clause 13 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart DD of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(13) the county of Oneida is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is: (i) one percent additional to the three
percent rate authorized above in this paragraph for such county for the
period beginning September first, nineteen hundred ninety-two and ending
November thirtieth, two thousand [twenty] TWENTY-THREE; and also (ii) at
a rate which is three-quarters of one percent or one-half of one percent
additional to the three percent rate authorized above in this paragraph,
and which is also additional to the one percent rate also authorized
above in this clause for such county, for the period beginning December
first, two thousand eight and ending November thirtieth, two thousand
[twenty] TWENTY-THREE;
§ 2. Section 1262-g of the tax law, as amended by section 2 of subpart
DD of part A of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 1262-g. Oneida county allocation and distribution of net collections
from the additional one percent rate of sales and compensating use
taxes. Notwithstanding any contrary provision of law, if the county of
Oneida imposes sales and compensating use taxes at a rate which is one
percent additional to the three percent rate authorized by section
twelve hundred ten of this article, as authorized by such section, (a)
where a city in such county imposes tax pursuant to the authority of
subdivision (a) of such section twelve hundred ten, such county shall
allocate, distribute and pay in cash quarterly to such city one-half of
the net collections attributable to such additional one percent rate of
the county's taxes collected in such city's boundaries; (b) where a city
in such county does not impose tax pursuant to the authority of such
subdivision (a) of such section twelve hundred ten, such county shall
allocate, distribute and pay in cash quarterly to such city not so
imposing tax a portion of the net collections attributable to one-half
of the county's additional one percent rate of tax calculated on the
basis of the ratio which such city's population bears to the county's
total population, such populations as determined in accordance with the
latest decennial federal census or special population census taken
pursuant to section twenty of the general municipal law completed and
published prior to the end of the quarter for which the allocation is
made, which special census must include the entire area of the county;
S. 7508--B 206 A. 9508--B
and (c) provided, however, that such county shall dedicate the first one
million five hundred thousand dollars of net collections attributable to
such additional one percent rate of tax received by such county after
the county receives in the aggregate eighteen million five hundred thou-
sand dollars of net collections from such additional one percent rate of
tax imposed for any of the periods: September first, two thousand twelve
through August thirty-first, two thousand thirteen; September first, two
thousand thirteen through August thirty-first, two thousand fourteen;
and September first, two thousand fourteen through August thirty-first,
two thousand fifteen; September first, two thousand fifteen through
August thirty-first, two thousand sixteen; and September first, two
thousand sixteen through August thirty-first, two thousand seventeen;
September first, two thousand seventeen through August thirty-first, two
thousand eighteen; [and] September first, two thousand eighteen through
August thirty-first, two thousand twenty; AND SEPTEMBER FIRST, TWO THOU-
SAND TWENTY THROUGH AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, to
an allocation on a per capita basis, utilizing figures from the latest
decennial federal census or special population census taken pursuant to
section twenty of the general municipal law, completed and published
prior to the end of the year for which such allocation is made, which
special census must include the entire area of such county, to be allo-
cated and distributed among the towns of Oneida county by appropriation
of its board of legislators; provided, further, that nothing herein
shall require such board of legislators to make any such appropriation
until it has been notified by any town by appropriate resolution and, in
any case where there is a village wholly or partly located within a
town, a resolution of every such village, embodying the agreement of
such town and village or villages upon the amount of such appropriation
to be distributed to such village or villages out of the allocation to
the town or towns in which it is located.
§ 3. This act shall take effect immediately.
ITEM EE
Section 1. Clause 37 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart EE of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(37) the county of Onondaga is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is one percent additional to the three percent rate
authorized above in this paragraph for such county for the period begin-
ning September first, two thousand four, and ending November thirtieth,
two thousand [twenty] TWENTY-THREE;
§ 2. Notwithstanding any contrary provision of law, net collections
from the additional one percent rate of sales and compensating use taxes
which may be imposed by the county of Onondaga during the period
commencing December 1, 2020 and ending November 30, 2021, pursuant to
the authority of section 1210 of the tax law, shall not be subject to
any revenue distribution agreement entered into under subdivision (c) of
section 1262 of the tax law, but shall be allocated and distributed or
paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
ga for any county purpose; (ii) 97.79% to the city of Syracuse; and
(iii) .63% to the school districts in accordance with subdivision (a) of
section 1262 of the tax law.
§ 3. Notwithstanding any contrary provision of law, net collections
from the additional one percent rate of sales and compensating use taxes
S. 7508--B 207 A. 9508--B
which may be imposed by the county of Onondaga during the period
commencing December 1, 2021 and ending November 30, 2022, pursuant to
the authority of section 1210 of the tax law, shall not be subject to
any revenue distribution agreement entered into under subdivision (c) of
section 1262 of the tax law, but shall be allocated and distributed or
paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
ga for any county purpose; (ii) 97.79% to the city of Syracuse; and
(iii) .63% to the school districts in accordance with subdivision (a) of
section 1262 of the tax law.
§ 4. Notwithstanding any contrary provision of law, net collections
from the additional one percent rate of sales and compensating use taxes
which may be imposed by the county of Onondaga during the period
commencing December 1, 2022 and ending November 30, 2023, pursuant to
the authority of section 1210 of the tax law, shall not be subject to
any revenue distribution agreement entered into under subdivision (c) of
section 1262 of the tax law, but shall be allocated and distributed or
paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
ga for any county purpose; (ii) 97.79% to the city of Syracuse; and
(iii) .63% to the school districts in accordance with subdivision (a) of
section 1262 of the tax law.
§ 5. This act shall take effect immediately.
ITEM FF
Section 1. Clause 40 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart FF of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(40) the county of Ontario is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is: (A) one-eighth of one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning June first, two thousand six and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE; and also (B) at a
rate that is three-eighths of one percent additional to the three
percent rate authorized above in this paragraph, and that is also addi-
tional to the one-eighth of one percent rate authorized in this clause
for such county, for the period beginning September first, two thousand
nine and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM GG
Section 1. Clause 35 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart GG of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(35) the county of Orange is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is three-quarters of one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning June first, two thousand four, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Notwithstanding subdivision (c) of section 1262 of the tax law,
net collections from any additional rate of sales and compensating use
taxes which may be imposed by the county of Orange during the period
commencing December 1, 2020, and ending November 30, 2023, pursuant to
the authority of section 1210 of the tax law, shall be paid to the coun-
S. 7508--B 208 A. 9508--B
ty of Orange and shall be used by such county solely for county purposes
and shall not be subject to any revenue distribution agreement entered
into pursuant to the authority of subdivision (c) of section 1262 of the
tax law.
§ 3. This act shall take effect immediately.
ITEM HH
Section 1. Clause 16 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart HH of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(16) the county of Orleans is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning June first, nineteen hundred ninety-three, and ending November
thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM II
Section 1. Clause 36 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart II of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(36) the county of Oswego is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, two thousand four, and ending November thir-
tieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM JJ
Section 1. Clause 34 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart JJ of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(34) the county of Otsego is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning December first, two thousand three, and ending November thir-
tieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM KK
Section 1. Clause 39 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart KK of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(39) the county of Putnam is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is: (i) one-half of one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning September first, two thousand five and ending
August thirty-first, two thousand seven; and (ii) one percent additional
S. 7508--B 209 A. 9508--B
to the three percent rate authorized above in this paragraph for such
county for the period beginning September first, two thousand seven and
ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM LL
Section 1. Clause 3 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart LL of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(3) the county of Rensselaer is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning September first, nineteen hundred ninety-four
and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM MM
Section 1. Clause 23 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart MM of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(23) the county of Rockland is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is: (i) five-eighths of one percent additional to
the three percent rate authorized above in this paragraph for such coun-
ty for the period beginning March first, two thousand two, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE; and also (ii) at
a rate which is three-eighths of one percent additional to the three
percent rate authorized above in this paragraph, and which is also addi-
tional to the five-eighths of one percent rate also authorized above in
this clause for such county, for the period beginning March first, two
thousand seven and ending November thirtieth, two thousand [twenty]
TWENTY-THREE;
§ 2. Section 1262-l of the tax law, as amended by section 2 of subpart
MM of part A of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 1262-1. Allocation and distribution of net collections from the
additional rate of sales and compensating use tax in Rockland county. 1.
Notwithstanding any provision of law to the contrary, if the county of
Rockland imposes the additional five-eighths of one percent rate of tax
authorized by section twelve hundred ten of this article during the
period beginning March first, two thousand two, and ending November
thirtieth, two thousand [twenty] TWENTY-THREE, such county shall allo-
cate and distribute twenty percent of the net collections from such
additional rate to the towns and villages in the county in accordance
with subdivision (c) of section twelve hundred sixty-two of this part on
the basis of the ratio which the population of each such town or village
bears to such county's total population; and
2. Notwithstanding any provision of law to the contrary, if the county
of Rockland imposes the additional three-eighths of one percent rate of
tax authorized by section twelve hundred ten of this article during the
period beginning March first, two thousand seven, and ending November
thirtieth, two thousand [twenty] TWENTY-THREE, such county shall allo-
cate and distribute sixteen and two-thirds percent of the net
S. 7508--B 210 A. 9508--B
collections from such additional rate to the general funds of towns and
villages within the county of Rockland with existing town and village
police departments from March first, two thousand seven through December
thirty-first, two thousand seven and thirty-three and one-third percent
of the net collections from such additional rate from January first, two
thousand eight through November thirtieth, two thousand [twenty] TWEN-
TY-THREE. The monies allocated and distributed pursuant to this subdivi-
sion shall be allocated and distributed to towns and villages with
police departments on the basis of the number of full-time equivalent
police officers employed by each police department and shall not be used
for salaries heretofore or hereafter negotiated.
§ 3. This act shall take effect immediately.
ITEM NN
Section 1. Clause 41 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart NN of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(41) The county of St. Lawrence is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate that is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning December first, two thousand thirteen and
ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM OO
Section 1. Clause 31 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart OO of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(31) the county of Schenectady is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one-half of one percent addi-
tional to the three percent rate authorized above in this paragraph for
such county for the period beginning June first, two thousand three, and
ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM PP
Section 1. Clause 35 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart PP of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(35) the county of Schoharie is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning June first, two thousand four, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM QQ
S. 7508--B 211 A. 9508--B
Section 1. Clause 22 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart QQ of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(22) the county of Schuyler is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, nineteen hundred ninety-nine, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM RR
Section 1. Clause 28 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart RR of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(28) the county of Seneca is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is one percent additional to the three percent rate
authorized above in this paragraph for such county for the period begin-
ning December first, two thousand two and ending November thirtieth, two
thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM SS
Section 1. Clause 26 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart SS of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(26) the county of Steuben is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning December first, nineteen hundred ninety-two and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Section 1262-h of the tax law, as amended by section 2 of subpart
SS of part A of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 1262-h. Allocation and distribution of net collections from the
additional one percent rate of sales and compensating use taxes in Steu-
ben county. Notwithstanding any provision of law to the contrary, of the
net collections received by the county of Steuben as a result of the
imposition of the additional one percent rate of tax authorized by
section twelve hundred ten of this article (a) during the period begin-
ning December first, nineteen hundred ninety-three and ending November
thirtieth, nineteen hundred ninety-four, the county of Steuben shall pay
or cause to be paid to the city of Hornell the sum of two hundred thou-
sand dollars, to the city of Corning the sum of three hundred thousand
dollars, and the sum of five hundred thousand dollars to the towns and
villages of the county of Steuben, on the basis of the ratio which the
full valuation of real property in each town or village bears to the
aggregate full valuation of real property in all of the towns and
villages in such area. Of the net collections received by the county of
Steuben as a result of the imposition of said additional one percent
rate of tax authorized by section twelve hundred ten of this article
during the period beginning December first, nineteen hundred ninety-four
S. 7508--B 212 A. 9508--B
and ending November thirtieth, nineteen hundred ninety-five, the county
of Steuben shall pay or cause to be paid to the city of Hornell the sum
of three hundred thousand dollars, to the city of Corning the sum of
four hundred fifty thousand dollars, and the sum of seven hundred fifty
thousand dollars to the towns and villages of the county of Steuben, on
the basis of the ratio which the full valuation of real property in each
town or village bears to the aggregate full valuation of real property
in all of the towns and villages in such area; and (b) during the period
beginning December first, nineteen hundred ninety-five and ending Novem-
ber thirtieth, two thousand seven, the county of Steuben shall annually
pay or cause to be paid to the city of Hornell the sum of five hundred
fifty thousand dollars, to the city of Corning the sum of six hundred
thousand dollars, and the sum of seven hundred fifty thousand dollars to
the towns and villages of the county of Steuben, on the basis of the
ratio which the full valuation of real property in each town or village
bears to the aggregate full valuation of real property in all of the
towns and villages in such area; and during the period beginning Decem-
ber first, two thousand seven and ending November thirtieth, two thou-
sand nine, the county of Steuben shall annually pay or cause to be paid
to the city of Hornell the sum of six hundred ten thousand dollars, to
the city of Corning the sum of six hundred fifty thousand dollars, and
the sum of seven hundred fifty thousand dollars to the towns and
villages of the county of Steuben, on the basis of the ratio which the
full valuation of real property in each town or village bears to the
aggregate full valuation of real property in all of the towns and
villages in such area; and during the period beginning December first,
two thousand nine and ending November thirtieth, two thousand eleven,
the county of Steuben shall annually pay or cause to be paid to the city
of Hornell the sum of seven hundred ten thousand dollars, to the city of
Corning the sum of seven hundred ten thousand dollars, and the sum of
seven hundred fifty thousand dollars to the towns and villages of the
county of Steuben, on the basis of the ratio which the full valuation of
real property in each town or village bears to the aggregate full valu-
ation of real property in all of the towns and villages in such area;
and during the period beginning December first, two thousand eleven and
ending November thirtieth, two thousand thirteen, the county of Steuben
shall annually pay or cause to be paid to the city of Hornell the sum of
seven hundred forty thousand dollars, to the city of Corning the sum of
seven hundred forty thousand dollars, and the sum of seven hundred fifty
thousand dollars to the towns and villages of the county of Steuben, on
the basis of the ratio which the full valuation of real property in each
town or village bears to the aggregate full valuation of real property
in all of the towns and villages in such area; and during the period
beginning December first, two thousand thirteen and ending November
thirtieth, two thousand fifteen, the county of Steuben shall annually
pay or cause to be paid to the city of Hornell the sum of seven hundred
sixty-five thousand dollars, to the city of Corning the sum of seven
hundred sixty-five thousand dollars, and the sum of seven hundred fifty
thousand dollars to the towns and villages of the county of Steuben, on
the basis of the ratio which the full valuation of real property in each
town or village bears to the aggregate full valuation of real property
in all of the towns and villages in such area; and during the period
beginning December first, two thousand fifteen and ending November thir-
tieth, two thousand seventeen, the county of Steuben shall annually pay
or cause to be paid to the city of Hornell the sum of seven hundred
sixty-five thousand dollars, to the city of Corning the sum of seven
S. 7508--B 213 A. 9508--B
hundred sixty-five thousand dollars, and the sum of seven hundred fifty
thousand dollars to the towns and villages of the county of Steuben, on
the basis of the ratio which the full valuation of real property in each
town or village bears to the aggregate full valuation of real property
in all of the towns and villages in such area; and during the period
beginning December first, two thousand seventeen and ending November
thirtieth, two thousand twenty, the county of Steuben shall annually pay
or cause to be paid to the city of Hornell the sum of seven hundred
eighty thousand dollars, to the city of Corning the sum of seven hundred
eighty thousand dollars, and the sum of seven hundred fifty thousand
dollars to the towns and villages of the county of Steuben, on the basis
of the ratio which the full valuation of real property in each town or
village bears to the aggregate full valuation of real property in all of
the towns and villages in such area; AND DURING THE PERIOD BEGINNING
DECEMBER FIRST, TWO THOUSAND TWENTY AND ENDING NOVEMBER THIRTIETH, TWO
THOUSAND TWENTY-THREE, THE COUNTY OF STEUBEN SHALL ANNUALLY PAY OR CAUSE
TO BE PAID TO THE CITY OF HORNELL THE SUM OF SEVEN HUNDRED EIGHTY THOU-
SAND DOLLARS, TO THE CITY OF CORNING THE SUM OF SEVEN HUNDRED EIGHTY
THOUSAND DOLLARS, AND THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO
THE TOWNS AND VILLAGES OF THE COUNTY OF STEUBEN, ON THE BASIS OF THE
RATIO WHICH THE FULL VALUATION OF REAL PROPERTY IN EACH TOWN OR VILLAGE
BEARS TO THE AGGREGATE FULL VALUATION OF REAL PROPERTY IN ALL OF THE
TOWNS AND VILLAGES IN SUCH AREA.
§ 3. This act shall take effect immediately.
ITEM TT
Section 1. Clause 14 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart TT of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(14) the county of Suffolk is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning June first, two thousand one and ending November thirtieth,
two thousand [twenty] TWENTY-THREE;
§ 2. Subdivision (c) of section 1262-j of the tax law, as amended by
section 2 of subpart TT of part A of chapter 61 of the laws of 2017, is
amended to read as follows:
(c) Notwithstanding any provision of law to the contrary, of the net
collections received by the county of Suffolk as a result of the
increase of one percent to the tax authorized by section twelve hundred
ten of this article for the period beginning June first, two thousand
one and ending November thirtieth, two thousand [twenty] TWENTY-THREE,
imposed by local laws or resolutions (by simple majority) by the county
legislature, and signed by the county executive, the county of Suffolk
shall allocate such net collections as follows: no less than one-eighth
and no more than three-eighths of such net collections received shall be
dedicated for public safety purposes and the balance shall be deposited
in the general fund of the county of Suffolk.
§ 3. This act shall take effect immediately.
ITEM UU
S. 7508--B 214 A. 9508--B
Section 1. Clause 33 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart UU of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(33) the county of Sullivan is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is: (i) one-half of one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning June first, two thousand three, and ending
November thirtieth, two thousand [twenty] TWENTY-THREE; and (ii) an
additional one-half of one percent in addition to the other rates
authorized above in this paragraph for such county for the period begin-
ning June first, two thousand seven and ending November thirtieth, two
thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM VV
Section 1. Clause 17 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart VV of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(17) the county of Tioga is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is: (i) one-half of one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning September first, nineteen hundred ninety-three,
and ending November thirtieth, two thousand three; and (ii) one percent
additional to the three percent rate authorized above in this paragraph
for such county for the period beginning December first, two thousand
five, and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM WW
Section 1. Clause 11 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart WW of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(11) the county of Tompkins is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one-half or one percent additional to the three
percent rate authorized above in this paragraph for such county for the
period beginning December first, nineteen hundred ninety-two and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM XX
Section 1. Clause 7 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart XX of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(7) the county of Ulster is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, two thousand two and ending November thirti-
eth, two thousand [twenty] TWENTY-THREE;
S. 7508--B 215 A. 9508--B
§ 2. Section 3 of chapter 200 of the laws of 2002 amending the tax law
relating to certain tax rates imposed by the county of Ulster, as
amended by section 2 of subpart XX of part A of chapter 61 of the laws
of 2017, is amended to read as follows:
§ 3. If, pursuant to the authority of this act, the county of Ulster
imposes sales and compensating use taxes at a rate greater than three
percent for all or any portion of the period commencing September 1,
2002, and ending November 30, [2020] 2023, net collections from such
additional rate of tax imposed during such period shall be deemed to be,
and shall be included in, net collections subject to such county's
existing agreement with the city of Kingston entered into pursuant to
subdivision (c) of section 1262 of the tax law and such net collections
shall be allocated in accordance with such agreement.
§ 3. This act shall take effect immediately.
ITEM YY
Section 1. Clause 34 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart YY of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(34) the county of Wayne is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is one percent additional to the three percent rate
authorized above in this paragraph for such county for the period begin-
ning December first, two thousand five, and ending November thirtieth,
two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM ZZ
Section 1. Clause 6 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart ZZ of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(6) the county of Wyoming is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, nineteen hundred ninety-two and ending Novem-
ber thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM AAA
Section 1. Clause 30 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart AAA of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(30) the county of Yates is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such county for the period
beginning September first, two thousand three, and ending November thir-
tieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM BBB
S. 7508--B 216 A. 9508--B
Section 1. Clause 6 of subparagraph (ii) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart BBB of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(6) the city of Oswego is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is one percent additional to the three percent
rate authorized above in this paragraph for such city for the period
beginning September first, two thousand four, and ending November thir-
tieth, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM CCC
Section 1. Clause 1 of subparagraph (ii) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart CCC of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(1) the city of Yonkers is hereby further authorized and empowered to
adopt and amend local laws, ordinances or resolutions imposing such
taxes at a rate which is: (a) one percent additional to the three
percent rate authorized above in this paragraph for such city; and (b)
one-half of one percent in addition to the other rates authorized in
this paragraph for such city for the period beginning September first,
two thousand fifteen and ending November thirtieth, two thousand [twen-
ty] TWENTY-THREE;
§ 2. Section 7 of chapter 67 of the laws of 2015, amending the tax law
relating to authorizing the city of Yonkers to impose additional sales
tax, as amended by section 2 of subpart CCC of part A of chapter 61 of
the laws of 2017, is amended to read as follows:
§ 7. This act shall take effect immediately and shall expire and be
deemed repealed November 30, [2020] 2023.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to clause 1 of subparagraph (ii) of the opening paragraph
of section 1210 of the tax law made by section one of this act shall not
affect the expiration and reversion of such clause and shall be deemed
expired therewith.
ITEM DDD
Section 1. Clause 4 of subparagraph (ii) of the opening paragraph of
section 1210 of the tax law, as amended by section 1 of subpart DDD of
part A of chapter 61 of the laws of 2017, is amended to read as follows:
(4) the city of New Rochelle is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
imposing such taxes at a rate which is one percent additional to the
three percent rate authorized above in this paragraph for such city for
the period beginning September first, nineteen hundred ninety-three and
ending December thirty-first, two thousand [twenty] TWENTY-THREE;
§ 2. This act shall take effect immediately.
ITEM EEE
Section 1. Clause 42 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by chapter 43 of the laws of
2019, is amended to read as follows:
(42) the county of Westchester is hereby further authorized and
empowered to adopt and amend local laws, ordinances or resolutions
S. 7508--B 217 A. 9508--B
imposing such taxes at a rate that is one percent additional to the
three percent rate authorized above in this paragraph for such county
for the period beginning August first, two thousand nineteen and ending
November thirtieth, two thousand [twenty] TWENTY-THREE;
§ 2. Subdivision e of section 4 and section 5, 7 and 16 of chapter 272
of the laws of 1991, amending the tax law relating to the method of
disposition of sales and compensating use tax revenue in Westchester
county and enacting the Westchester county spending limitation act, as
amended by chapter 43 of the laws of 2019, are amended to read as
follows:
e. "Spending limitation" means the maximum amount of county spending
established in county fiscal years 1992, 1993, 1994, 1995, 1996, 1997,
1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,
2021, 2022 AND 2023.
§ 5. Establishment of annual spending limitation. a. For county fiscal
years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022 AND 2023 there
shall be in effect an annual spending limitation. The spending limita-
tion shall be derived from a fixed percentage reflecting the ratio of
base year spending to county personal income. County personal income for
such calculation shall be for the period January 1, 1986 through Decem-
ber 31, 1986. Such percentage shall be applied to county personal income
for the period January 1, 1989 through December 31, 1989, to determine
the spending limitation for county fiscal year 1992; to determine the
spending limitation for county fiscal year 1993, such percentage shall
be applied to county personal income for the period January 1, 1990
through December 31, 1990; to determine the spending limitation for
county fiscal year 1994, such percentage shall be applied to county
personal income for the period January 1, 1991 through December 31,
1991; to determine the spending limitation for county fiscal year 1995,
such percentage shall be applied to county personal income for the peri-
od January 1, 1992 through December 31, 1992; to determine the spending
limitation for county fiscal year 1996, such percentage shall be applied
to county personal income for the period January 1, 1993 through Decem-
ber 31, 1993; to determine the spending limitation for county fiscal
year 1997, such percentage shall be applied to county personal income
for the period January 1, 1994 through December 31, 1994; to determine
the spending limitation for county fiscal year 1998, such percentage
shall be applied to county personal income for the period January 1,
1995 through December 31, 1995; to determine the spending limitation for
county fiscal year 1999, such percentage shall be applied to county
personal income for the period January 1, 1996 through December 31,
1996; to determine the spending limitation for county fiscal year 2000,
such percentage shall be applied to county personal income for the peri-
od January 1, 1997 through December 31, 1997; to determine the spending
limitation for county fiscal year 2001, such percentage shall be applied
to county personal income for the period January 1, 1998 through Decem-
ber 31, 1998; to determine the spending limitation for county fiscal
year 2002, such percentage shall be applied to county personal income
for the period January 1, 1999 through December 31, 1999; to determine
the spending limitation for county fiscal year 2003, such percentage
shall be applied to county personal income for the period January 1,
2000 through December 31, 2000; to determine the spending limitation for
county fiscal year 2004, such percentage shall be applied to county
S. 7508--B 218 A. 9508--B
personal income for the period January 1, 2001 through December 31,
2001; to determine the spending limitation for county fiscal year 2005,
such percentage shall be applied to county personal income for the peri-
od January 1, 2002 through December 31, 2002; to determine the spending
limitation for county fiscal year 2006, such percentage shall be applied
to county personal income for the period January 1, 2003 through Decem-
ber 31, 2003; to determine the spending limitation for the county fiscal
year 2007, such percentage shall be applied to county personal income
for the period January 1, 2004 through December 31, 2004; to determine
the spending limitation for the county fiscal year 2008, such percentage
shall be applied to county personal income for the period January 1,
2005 through December 31, 2005; to determine the spending limitation for
the county fiscal year 2009, such percentage shall be applied to county
personal income for the period January 1, 2006 through December 31,
2006; to determine the spending limitation for the county fiscal year
2010, such percentage shall be applied to county personal income for the
period January 1, 2007 through December 31, 2007; to determine the
spending limitation for the county fiscal year 2011, such percentage
shall be applied to county personal income for the period January 1,
2008 through December 31, 2008; to determine the spending limitation for
the county fiscal year 2012, such percentage shall be applied to county
personal income for the period January 1, 2009 through December 31,
2009; to determine the spending limitation for the county fiscal year
2013, such percentage shall be applied to county personal income for the
period January 1, 2010 through December 31, 2010; to determine the
spending limitation for the county fiscal year 2014, such percentage
shall be applied to county personal income for the period January 1,
2011 through December 31, 2011; to determine the spending limitation for
the county fiscal year 2015, such percentage shall be applied to county
personal income for the period January 1, 2012 through December 31,
2012; to determine the spending limitation for county fiscal year 2016,
such percentage shall be applied to the county personal income for the
period January 1, 2013 through December 31, 2013; to determine the
spending limitation for the county fiscal year 2017, such percentage
shall be applied to county personal income for the period January 1,
2014 through December 31, 2014; and to determine the spending limitation
for county fiscal year 2018, such percentage shall be applied to the
county personal income for the period January 1, 2015 through December
31, 2015; to determine the spending limitation for the county fiscal
year 2019, such percentage shall be applied to county personal income
for the period January 1, 2016 through December 31, 2016; and to deter-
mine the spending limitation for county fiscal year 2020, such percent-
age shall be applied to the county personal income for the period Janu-
ary 1, 2017 through December 31, 2017; AND TO DETERMINE THE SPENDING
LIMITATION FOR THE COUNTY FISCAL YEAR 2021, SUCH PERCENTAGE SHALL BE
APPLIED TO COUNTY PERSONAL INCOME FOR THE PERIOD JANUARY 1, 2018 THROUGH
DECEMBER 31, 2018; AND TO DETERMINE THE SPENDING LIMITATION FOR THE
COUNTY FISCAL YEAR 2022, SUCH PERCENTAGE SHALL BE APPLIED TO COUNTY
PERSONAL INCOME FOR THE PERIOD JANUARY 1, 2019 THROUGH DECEMBER 31,
2019; AND TO DETERMINE THE SPENDING LIMITATION FOR THE COUNTY FISCAL
YEAR 2023, SUCH PERCENTAGE SHALL BE APPLIED TO COUNTY PERSONAL INCOME
FOR THE PERIOD JANUARY 1, 2020 THROUGH DECEMBER 31, 2020.
b. The spending limitation shall serve as a statutory cap on county
spending to be reflected in the tentative budget as well as the enacted
budget for county fiscal years beginning in 1992.
S. 7508--B 219 A. 9508--B
§ 7. Mandatory tax reduction. In the event that the county spending
subject to the spending limitation exceeds such limitation in the adop-
tive county budget for county fiscal year 1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [or],
2020, 2021, 2022 OR 2023 then section 1262-b of the tax law shall be
repealed.
§ 16. This act shall take effect immediately, provided, however, that
sections one through seven of this act shall be in full force and effect
until November 30, [2020] 2023.
§ 3. Section 6-a of chapter 44 of the laws of 2019, amending the tax
law relating to authorizing the county of Westchester to impose an addi-
tional rate of sales and compensating use tax, as added by chapter 43 of
the laws of 2019, is amended to read as follows:
§ 6-a. Notwithstanding any other provision of any state or local law
to the contrary, any local law, ordinance or resolution enacted, adopted
or amended to impose the sales and compensating use taxes at the one
percent additional rate of tax authorized by this act for the period
beginning August 1, 2019, and ending November 30, [2020] 2023, shall
take effect on that date in accordance with the provisions of subdivi-
sion (d) of section 1210 of the tax law, except that such additional
rate may take effect on August 1, 2019, and the minimum notice require-
ments shall be deemed complied with if such county mails, by certified
or registered mail, a certified copy of such local law, ordinance or
resolution to the commissioner of taxation and finance at his or her
office in Albany no later than July 1, [2019] 2020.
§ 4. This act shall take effect immediately; provided that the amend-
ments made to section 4, 5 and 7 of chapter 272 of the laws of 1991 made
by section two of this act shall not affect the expiration of such
sections and shall be deemed repealed therewith.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or item of this subpart shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or item thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this part would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Items A through EEE of this Subpart
shall be as specifically set forth in the last section of such Items.
SUBPART D
Section 1. This Subpart enacts into law legislation providing for the
imposition of hotel and motel taxes by certain counties. Each component
is wholly contained within an Item identified as Items A through D. The
effective date for each particular provision contained within an Item is
set forth in the last section of such Item. Any provision of any section
contained within an Item, including the effective date of the Item,
which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Item in which it is found.
Section three of this Subpart sets forth the general effective date of
this Subpart.
S. 7508--B 220 A. 9508--B
ITEM A
Section 1. Subdivision 7 of section 1202-q of the tax law, as amended
by section 1 of subpart A of part B of chapter 61 of the laws of 2017,
is amended to read as follows:
(7) Such local law shall provide for the imposition of a hotel or
motel tax for a period to expire on December thirty-first, two thousand
[twenty] TWENTY-THREE.
§ 2. Section 6 of chapter 179 of the laws of 2000, amending the tax
law, relating to hotel and motel taxes in Nassau county and a surcharge
on tickets to places of entertainment in such county, as amended by
section 2 of subpart A of part B of chapter 61 of the laws of 2017, is
amended to read as follows:
§ 6. This act shall take effect immediately, except that section five
of this act shall take effect on the same date as a chapter of the laws
of 2000 amending the public authorities law and the tax law relating to
creating the Nassau county interim finance authority takes effect;
provided, further, that sections two, three and four of this act shall
expire and be deemed repealed December 31, [2020] 2023.
§ 3. This act shall take effect immediately.
ITEM B
Section 1. Section 2 of chapter 405 of the laws of 2007, amending the
tax law relating to increasing hotel/motel taxes in Chautauqua county,
as amended by section 1 of subpart B of part B of chapter 61 of the laws
of 2017, is amended to read as follows:
§ 2. This act shall take effect December 1, 2007 and shall expire and
be deemed repealed November 30, [2020] 2023.
§ 2. This act shall take effect immediately.
ITEM C
Section 1. Subdivision 7 of section 1202-o of the tax law, as amended
by section 1 of subpart C of part B of chapter 61 of the laws of 2017,
is amended to read as follows:
(7) Such local law shall provide for the imposition of a hotel or
motel tax until December thirty-first, two thousand [twenty] TWENTY-
THREE.
§ 2. This act shall take effect immediately.
ITEM D
Section 1. Section 3 of chapter 105 of the laws of 2009, amending
chapter 693 of the laws of 1980 enabling the county of Albany to impose
and collect taxes on occupancy of hotel or motel rooms in Albany county
relating to revenues received from the collection of hotel or motel
occupancy taxes, as amended by chapter 134 of the laws of 2018, is
amended to read as follows:
§ 3. This act shall take effect upon the adoption by the county of
Albany of a local law imposing in such county the additional occupancy
tax authorized by this act and shall expire and be deemed repealed
December 31, [2020] 2023; provided that Albany county shall notify the
legislative bill drafting commission upon the occurrence of the enact-
ment of such local law in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
S. 7508--B 221 A. 9508--B
of the state of New York in furtherance of effecting the provisions of
section 44 of the legislative law and section 70-b of the public offi-
cers law.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or item of this subpart shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or item thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this subpart would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Items A through D of this Subpart shall
be as specifically set forth in the last section of such Items.
SUBPART E
Section 1. This Subpart enacts into law legislation providing for the
imposition of a county recording tax on obligation secured by a mortgage
on real property. Each component is wholly contained within an Item
identified as Items A through N. The effective date for each particular
provision contained within an Item is set forth in the last section of
such Item. Any provision of any section contained within a Item, includ-
ing the effective date of the Item, which makes reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Item in which it is found. Section three of this Subpart sets forth the
general effective date of this Subpart.
ITEM A
Section 1. Section 2 of chapter 333 of the laws of 2006 amending the
tax law relating to authorizing the county of Schoharie to impose a
county recording tax on obligation secured by a mortgage on real proper-
ty, as amended by section 1 of subpart A of part C of chapter 61 of the
laws of 2017, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on and after December 1, [2020] 2023.
§ 2. This act shall take effect immediately.
ITEM B
Section 1. Section 2 of chapter 326 of the laws of 2006, amending the
tax law relating to authorizing the county of Hamilton to impose a coun-
ty recording tax on obligations secured by mortgages on real property,
as amended by section 1 of subpart B of part C of chapter 61 of the laws
of 2017, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 1, [2020] 2023.
§ 2. This act shall take effect immediately.
ITEM C
S. 7508--B 222 A. 9508--B
Section 1. Section 2 of chapter 489 of the laws of 2004, amending the
tax law relating to the mortgage recording tax in the county of Fulton,
as amended by section 1 of subpart C of part C of chapter 61 of the laws
of 2017, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire November
30, [2020] 2023 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
ITEM D
Section 1. Subdivision 1 of section 253-d of the tax law, as amended
by section 1 of subpart D of part C of chapter 61 of the laws of 2017,
is amended to read as follows:
1. The city of Yonkers, acting through its local legislative body, is
hereby authorized and empowered to adopt and amend local laws imposing
in any such city during the period beginning September first, nineteen
hundred ninety-three and ending August thirty-first, two thousand [twen-
ty] TWENTY-THREE, a tax of fifty cents for each one hundred dollars and
each remaining major fraction thereof of principal debt or obligation
which is or under any contingency may be secured at the date of
execution thereof, or at any time thereafter, by a mortgage on real
property situated within such city and recorded on or after the date
upon which such tax takes effect and a tax of fifty cents on such mort-
gage if the principal debt or obligation which is or by any contingency
may be secured by such mortgage is less than one hundred dollars.
§ 2. This act shall take effect immediately.
ITEM E
Section 1. Section 2 of chapter 443 of the laws of 2007 amending the
tax law relating to authorizing the county of Cortland to impose an
additional mortgage recording tax, as amended by section 1 of subpart E
of part C of chapter 61 of the laws of 2017, is amended to read as
follows:
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law and shall expire and be deemed repealed December 1,
[2020] 2023.
§ 2. This act shall take effect immediately.
ITEM F
Section 1. Section 2 of chapter 579 of the laws of 2004, amending the
tax law relating to authorizing the county of Genesee to impose a county
recording tax on obligation secured by a mortgage on real property, as
amended by section 1 of subpart F of part C of chapter 61 of the laws of
2017, is amended to read as follows:
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law; and shall expire on November 1, [2020] 2023, when
upon such date the provisions of this act shall be deemed repealed.
§ 2. This act shall take effect immediately.
ITEM G
Section 1. Section 2 of chapter 366 of the laws of 2005, amending the
tax law relating to authorizing the county of Yates to impose a county
S. 7508--B 223 A. 9508--B
recording tax on obligations secured by a mortgage on real property, as
amended by section 1 of subpart G of part C of chapter 61 of the laws of
2017, is amended to read as follows:
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed on December 1,
[2020] 2023.
§ 2. This act shall take effect immediately.
ITEM H
Section 1. Section 3 of chapter 365 of the laws of 2005, amending the
tax law relating to the mortgage recording tax in the county of Steuben,
as amended by section 1 of subpart H of part C of chapter 61 of the laws
of 2017, is amended to read as follows:
§ 3. This act shall take effect immediately except that section two of
this act shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed on December 1,
[2020] 2023.
§ 2. This act shall take effect immediately.
ITEM I
Section 1. Section 2 of chapter 405 of the laws of 2005 amending the
tax law relating to authorizing the county of Albany to impose a county
recording tax on obligations secured by a mortgage on real property, as
amended by chapter 346 of the laws of 2018, is amended to read as
follows:
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed on the first
of December, [2020] 2023.
§ 2. This act shall take effect immediately.
ITEM J
Intentionally Omitted
ITEM K
Intentionally Omitted
ITEM L
Section 1. Section 2 of chapter 218 of the laws of 2009 amending the
tax law relating to authorizing the county of Greene to impose an addi-
tional mortgage recording tax, as amended by chapter 13 of the laws of
2019, is amended to read as follows:
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law and shall expire and be deemed repealed December 1,
[2020] 2023.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after December 1, 2019.
ITEM M
Section 1. Section 2 of chapter 368 of the laws of 2008, amending the
tax law relating to authorizing the county of Warren to impose an addi-
S. 7508--B 224 A. 9508--B
tional mortgage recording tax, as amended by chapter 15 of the laws of
2019, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 1, [2020] 2023.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after December 1, 2019.
ITEM N
Section 1. Section 2 of chapter 549 of the laws of 2005 amending the
tax law relating to authorizing the county of Herkimer to impose a coun-
ty recording tax on obligation secured by a mortgage on real property,
as amended by chapter 141 of the laws of 2018, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on December 1, [2020] 2023.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or item of this subpart shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section,
or item thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this part would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Items A through N of this Subpart shall
be as specifically set forth in the last section of such Items.
SUBPART F
Section 1. Section 2 of chapter 556 of the laws of 2007 amending the
tax law relating to imposing an additional real estate transfer tax
within the county of Columbia, as amended by section 1 of part D of
chapter 61 of the laws of 2017, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on December 31, [2020] 2023.
§ 2. This act shall take effect immediately.
SUBPART G
Section 1. Paragraph 3 of subdivision (a) of section 1212-a of the tax
law, as amended by section 1 of part F of chapter 61 of the laws of
2017, is amended to read as follows:
(3) a tax, at the same uniform rate, but at a rate not to exceed four
and one-half per centum, in multiples of one-half of one per centum, on
the receipts from every sale of any or all of the following services in
whole or in part: credit rating, credit reporting, credit adjustment and
collection services, including, but not limited to, those services
provided by mercantile and consumer credit rating or reporting bureaus
or agencies and credit adjustment or collection bureaus or agencies,
whether rendered in written or oral form or in any other manner, except
to the extent otherwise taxable under article twenty-eight of this chap-
ter; notwithstanding the foregoing, collection services shall not
include those services performed by a law office or a law and collection
office, the maintenance or conduct of which constitutes the practice of
S. 7508--B 225 A. 9508--B
law, if the services are performed by an attorney at law who has been
duly licensed and admitted to practice law in this state. The local law
imposing the taxes authorized by this paragraph may provide for exclu-
sions and exemptions in addition to those provided for in such para-
graph. Provided, however, that the tax hereby authorized shall not be
imposed after November thirtieth, two thousand [twenty] TWENTY-THREE.
§ 2. Subsection (a) of section 1301 of the tax law, as amended by
section 2 of part F of chapter 61 of the laws of 2017, paragraph 1 as
amended by section 1 of part QQ of chapter 59 of the laws of 2018, is
amended to read as follows:
(a) Notwithstanding any other provision of law to the contrary, any
city in this state having a population of one million or more inhabit-
ants, acting through its local legislative body, is hereby authorized
and empowered to adopt and amend local laws imposing in any such city,
for taxable years beginning after nineteen hundred seventy-five:
(1) a tax on the personal income of residents of such city, at the
rates provided for under subsection (a) of section thirteen hundred four
of this article for taxable years beginning before two thousand [twen-
ty-one] TWENTY-FOUR, and at the rates provided for under subsection (b)
of section thirteen hundred four of this article for taxable years
beginning after two thousand [twenty] TWENTY-THREE, provided, however,
that if, for any taxable year beginning after two thousand [twenty]
TWENTY-THREE, the rates set forth in such subsection (b) are rendered
inapplicable and the rates set forth in such subsection (a) are rendered
applicable, then the tax for such taxable year shall be at the rates
provided under subparagraphs (A) of paragraphs one, two and three of
such subsection (a),
(2) for taxable years beginning after nineteen hundred seventy-six, a
separate tax on the ordinary income portion of lump sum distributions of
such residents, at the rates provided for herein, such taxes to be
administered, collected and distributed by the commissioner as provided
for in this article.
§ 3. Subsection (b) of section 1304 of the tax law, as amended by
section 3 of part F of chapter 61 of the laws of 2017, is amended to
read as follows:
(b) A tax other than the city separate tax on the ordinary income
portion of lump sum distributions imposed pursuant to the authority of
section thirteen hundred one of this article shall be determined as
follows:
(1) Resident married individuals filing joint returns and resident
surviving spouses. The tax under this section for each taxable year on
the city taxable income of every city resident married individual who
makes a single return jointly with his or her spouse under subsection
(b) of section thirteen hundred six of this article and on the city
taxable income of every city resident surviving spouse shall be deter-
mined in accordance with the following table:
For taxable years beginning after two thousand [twenty] TWENTY-THREE:
If the city taxable income is: The tax is:
Not over $21,600 1.18% of the city taxable income
Over $21,600 but not $255 plus 1.435% of excess
over $45,000 over $21,600
Over $45,000 but not $591 plus 1.455% of excess
over $90,000 over $45,000
Over $90,000 $1,245 plus 1.48% of excess
S. 7508--B 226 A. 9508--B
over $90,000
(2) Resident heads of households. The tax under this section for each
taxable year on the city taxable income of every city resident head of a
household shall be determined in accordance with the following table:
For taxable years beginning after two thousand [twenty] TWENTY-THREE:
If the city taxable income is: The tax is:
Not over $14,400 1.18% of the city taxable income
Over $14,400 but not $170 plus 1.435% of excess
over $30,000 over $14,400
Over $30,000 but not $394 plus 1.455% of excess
over $60,000 over $30,000
Over $60,000 $830 plus 1.48% of excess
over $60,000
(3) Resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts. The tax under
this section for each taxable year on the city taxable income of every
city resident individual who is not a city resident married individual
who makes a single return jointly with his or her spouse under
subsection (b) of section thirteen hundred six of this article or a city
resident head of household or a city resident surviving spouse, and on
the city taxable income of every city resident estate and trust shall be
determined in accordance with the following table:
For taxable years beginning after two thousand [twenty] TWENTY-THREE:
If the city taxable income is: The tax is:
Not over $12,000 1.18% of the city taxable income
Over $12,000 but not $142 plus 1.435% of excess
over $25,000 over $12,000
Over $25,000 but not $328 plus 1.455% of excess
over $50,000 over $25,000
Over $50,000 $692 plus 1.48% of excess
over $50,000
§ 4. Subsection (a) of section 1304-B of the tax law, as amended by
section 4 of part F of chapter 61 of the laws of 2017, is amended to
read as follows:
(a) (1) In addition to any other taxes authorized by this article, any
city imposing such taxes is hereby authorized and empowered to adopt and
amend local laws imposing in any such city for each taxable year begin-
ning after nineteen hundred ninety but before two thousand [twenty-one]
TWENTY-FOUR, an additional tax on the city taxable income of every city
resident individual, estate and trust, to be calculated for each taxable
year as follows: (i) for each taxable year beginning after nineteen
hundred ninety but before nineteen hundred ninety-nine, at the rate of
fourteen percent of the sum of the taxes for each such taxable year
determined pursuant to section thirteen hundred four and section thir-
teen hundred four-A of this article; and (ii) for each taxable year
beginning after nineteen hundred ninety-eight, at the rate of fourteen
percent of the tax for such taxable year determined pursuant to such
section thirteen hundred four.
(2) Notwithstanding paragraph one of this subsection, for each taxable
year beginning after nineteen hundred ninety-nine but before two thou-
S. 7508--B 227 A. 9508--B
sand [twenty-one] TWENTY-FOUR, any city imposing such additional tax may
by local law impose such tax at a rate that is less than fourteen
percent and may impose such tax at more than one rate depending upon the
filing status and city taxable income of such city resident individual,
estate or trust.
(3) A local law enacted pursuant to paragraph two of this subsection
shall be applicable with respect to any taxable year only if it has been
enacted on or before July thirty-first of such year. A certified copy of
such local law shall be mailed by registered mail to the department at
its office in Albany within fifteen days of its enactment. However, the
department may allow additional time for such certified copy to be
mailed if it deems such action to be consistent with its duties under
this article.
§ 5. Paragraph E of subdivision 1 of section 11-604 of the administra-
tive code of the city of New York, as amended by section 5 of part F of
chapter 61 of the laws of 2017, is amended to read as follows:
E. For taxable years beginning on or after January first, nineteen
hundred seventy-eight but before January first, two thousand [twenty-
one] TWENTY-FOUR, the tax imposed by subdivision one of section 11-603
of this subchapter shall be, in the case of each taxpayer:
(a) whichever of the following amounts is the greatest:
(1) an amount computed, for taxable years beginning before nineteen
hundred eighty-seven, at the rate of nine per centum, and for taxable
years beginning after nineteen hundred eighty-six, at the rate of eight
and eighty-five one-hundredths per centum, of its entire net income or
the portion of such entire net income allocated within the city as here-
inafter provided, subject to any modification required by paragraphs (d)
and (e) of subdivision three of this section,
(2) an amount computed at one and one-half mills for each dollar of
its total business and investment capital, or the portion thereof allo-
cated within the city, as hereinafter provided, except that in the case
of a cooperative housing corporation as defined in the internal revenue
code, the applicable rate shall be four-tenths of one mill,
(3) an amount computed, for taxable years beginning before nineteen
hundred eighty-seven, at the rate of nine per centum, and for taxable
years beginning after nineteen hundred eighty-six, at the rate of eight
and eighty-five one-hundredths per centum, on thirty per centum of the
taxpayer's entire net income plus salaries and other compensation paid
to the taxpayer's elected or appointed officers and to every stockholder
owning in excess of five per centum of its issued capital stock minus
fifteen thousand dollars (subject to proration as hereinafter provided)
and any net loss for the reported year, or on the portion of any such
sum allocated within the city as hereinafter provided for the allocation
of entire net income, subject to any modification required by paragraphs
(d) and (e) of subdivision three of this section, provided, however,
that for taxable years beginning on or after July first, nineteen
hundred ninety-six, the provisions of paragraph H of this subdivision
shall apply for purposes of the computation under this clause, or
(4) for taxable years ending on or before June thirtieth, nineteen
hundred eighty-nine, one hundred twenty-five dollars, for taxable years
ending after June thirtieth, nineteen hundred eighty-nine and beginning
before two thousand nine, three hundred dollars, and for taxable years
beginning after two thousand eight:
If New York city receipts are: Fixed dollar minimum tax is:
Not more than $100,000 $25
More than $100,000 but not over $250,000 $75
S. 7508--B 228 A. 9508--B
More than $250,000 but not over $500,000 $175
More than $500,000 but not over $1,000,000 $500
More than $1,000,000 but not over $5,000,000 $1,500
More than $5,000,000 but not over $25,000,000 $3,500
Over $25,000,000 $5,000
For purposes of this clause, New York city receipts are the receipts
computed in accordance with subparagraph two of paragraph (a) of subdi-
vision three of this section for the taxable year. For taxable years
beginning after two thousand eight, if the taxable year is less than
twelve months, the amount prescribed by this clause shall be reduced by
twenty-five percent if the period for which the taxpayer is subject to
tax is more than six months but not more than nine months and by fifty
percent if the period for which the taxpayer is subject to tax is not
more than six months. If the taxable year is less than twelve months,
the amount of New York city receipts for purposes of this clause is
determined by dividing the amount of the receipts for the taxable year
by the number of months in the taxable year and multiplying the result
by twelve, plus;
(b) an amount computed at the rate of three-quarters of a mill for
each dollar of the portion of its subsidiary capital allocated within
the city as hereinafter provided.
In the case of a taxpayer which is not subject to tax for an entire
year, the exemption allowed in clause three of subparagraph (a) of this
paragraph shall be prorated according to the period such taxpayer was
subject to tax. Provided, however, that this paragraph shall not apply
to taxable years beginning after December thirty-first, two thousand
[twenty] TWENTY-THREE. For the taxable years specified in the preceding
sentence, the tax imposed by subdivision one of section 11-603 of this
subchapter shall be, in the case of each taxpayer, determined as speci-
fied in paragraph A of this subdivision, provided, however, that the
provisions of paragraphs G and H of this subdivision shall apply for
purposes of the computation under clause three of subparagraph (a) of
such paragraph A.
§ 6. The opening paragraph of section 11-1701 of the administrative
code of the city of New York, as amended by section 6 of part F of chap-
ter 61 of the laws of 2017, is amended to read as follows:
A tax is hereby imposed on the city taxable income of every city resi-
dent individual, estate and trust determined in accordance with the
rates set forth in subdivision (a) of this section for taxable years
beginning before two thousand [twenty-one] TWENTY-FOUR, and in accord-
ance with the rates set forth in subdivision (b) of this section for
taxable years beginning after two thousand [twenty] TWENTY-THREE.
Provided, however, that if, for any taxable year beginning after two
thousand [twenty] TWENTY-THREE, the rates set forth in such subdivision
(b) are rendered inapplicable and the rates set forth in such subdivi-
sion (a) are rendered applicable, then the tax for such taxable year
shall be at the rates provided under subparagraph (A) of paragraphs one,
two and three of such subdivision (a).
§ 7. Subdivision (b) of section 11-1701 of the administrative code of
the city of New York, as amended by section 7 of part F of chapter 61 of
the laws of 2017, is amended to read as follows:
(b) Rate of tax. A tax imposed pursuant to this section shall be
determined as follows:
(1) Resident married individuals filing joint returns and resident
surviving spouses. The tax under this section for each taxable year on
the city taxable income of every city resident married individual who
S. 7508--B 229 A. 9508--B
makes a single return jointly with his or her spouse under subdivision
(b) of section 11-1751 of this title and on the city taxable income of
every city resident surviving spouse shall be determined in accordance
with the following table:
For taxable years beginning after two thousand [twenty] TWENTY-THREE:
If the city taxable income is: The tax is:
Not over $21,600 1.18% of the city taxable income
Over $21,600 but not $255 plus 1.435% of excess
over $45,000 over $21,600
Over $45,000 but not $591 plus 1.455% of excess
over $90,000 over $45,000
Over $90,000 $1,245 plus 1.48% of excess
over $90,000
(2) Resident heads of households. The tax under this section for each
taxable year on the city taxable income of every city resident head of a
household shall be determined in accordance with the following table:
For taxable years beginning after two thousand [twenty] TWENTY-THREE:
If the city taxable income is: The tax is:
Not over $14,400 1.18% of the city taxable income
Over $14,400 but not $170 plus 1.435% of excess
over $30,000 over $14,400
Over $30,000 but not $394 plus 1.455% of excess
over $60,000 over $30,000
Over $60,000 $830 plus 1.48% of excess
over $60,000
(3) Resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts. The tax under
this section for each taxable year on the city taxable income of every
city resident individual who is not a married individual who makes a
single return jointly with his or her spouse under subdivision (b) of
section 11-1751 of this title or a city resident head of a household or
a city resident surviving spouse, and on the city taxable income of
every city resident estate and trust shall be determined in accordance
with the following table:
For taxable years beginning after two thousand [twenty] TWENTY-THREE:
If the city taxable income is: The tax is:
Not over $12,000 1.18% of the city taxable income
Over $12,000 but not $142 plus 1.435% of excess
over $25,000 over $12,000
Over $25,000 but not $328 plus 1.455% of excess
over $50,000 over $25,000
Over $50,000 $692 plus 1.48% of excess
over $50,000
§ 8. Paragraph 1 of subdivision (a) of section 11-1704.1 of the admin-
istrative code of the city of New York, as amended by section 8 of part
F of chapter 61 of the laws of 2017, is amended to read as follows:
(1) In addition to any other taxes imposed by this chapter, there is
hereby imposed for each taxable year beginning after nineteen hundred
ninety but before two thousand [twenty-one] TWENTY-FOUR, an additional
tax on the city taxable income of every city resident individual, estate
and trust, to be calculated for each taxable year as follows: (i) for
S. 7508--B 230 A. 9508--B
each taxable year beginning after nineteen hundred ninety but before
nineteen hundred ninety-nine, at the rate of fourteen percent of the sum
of the taxes for each such taxable year determined pursuant to section
11-1701 and section 11-1704 of this subchapter; and (ii) for each taxa-
ble year beginning after nineteen hundred ninety-eight, at the rate of
fourteen percent of the tax for such taxable year determined pursuant to
such section 11-1701.
§ 9. Subdivision (a) of section 11-2002 of the administrative code of
the city of New York, as amended by section 9 of part F of chapter 61 of
the laws of 2017, is amended to read as follows:
(a) There are hereby imposed and there shall be paid sales taxes at
the rate of four and one-half percent on receipts from every sale of the
services of beauty, barbering, hair restoring, manicuring, pedicuring,
electrolysis, massage services and similar services, and every sale of
services by weight control salons, health salons, gymnasiums, turkish
and sauna bath and similar establishments and every charge for the use
of such facilities, whether or not any tangible personal property is
transferred in conjunction therewith; but excluding services rendered by
a physician, osteopath, dentist, nurse, physiotherapist, chiropractor,
podiatrist, optometrist, ophthalmic dispenser or a person performing
similar services licensed under title eight of the education law, as
amended, and excluding such services when performed on pets and other
animals, as authorized by subdivision (a) of section twelve hundred
twelve-A of the tax law. Provided, however, that the tax hereby imposed
shall not be imposed after November thirtieth, two thousand [twenty]
TWENTY-THREE.
§ 10. The opening paragraph of subdivision (a) of section 11-2040 of
the administrative code of the city of New York, as amended by section
10 of part F of chapter 61 of the laws of 2017, is amended to read as
follows:
There is hereby imposed within the city and there shall be paid a tax
at the rate of four and one-half percent upon the receipts from every
sale, except for resale, of the following services, provided, however,
that the tax hereby imposed shall not be imposed after November thirti-
eth, two thousand [twenty] TWENTY-THREE, on receipts from sales of the
services specified in paragraph one of this subdivision:
§ 11. Section 4 of chapter 877 of the laws of 1975, relating to the
imposition of certain taxes in the city of New York, as amended by
section 11 of part F of chapter 61 of the laws of 2017, is amended to
read as follows:
§ 4. This act shall expire on December 31, [2020] 2023, provided,
however, that it is hereby declared to be the express intention of the
legislature that the provisions of sections two and three of this act,
except with respect to the enforcement and collection of any tax arising
thereunder, shall remain in full force and effect only until the date of
such expiration, at which time the provisions of law amended by this act
shall be continued in full force and effect as they existed prior to the
enactment of this act.
§ 12. Section 6 of chapter 884 of the laws of 1975, relating to the
imposition of certain taxes in the city of New York, as amended by
section 12 of part F of chapter 61 of the laws of 2017, is amended to
read as follows:
§ 6. This act shall expire on December 31, [2020] 2023, provided,
however, that it is hereby declared to be the express intention of the
legislature that the provisions of sections two, three and four of this
act, except with respect to the enforcement and collection of any tax
S. 7508--B 231 A. 9508--B
arising thereunder, shall remain in full force and effect only until the
date of such expiration, at which time the provisions of law amended by
this act shall be continued in full force and effect as they existed
prior to the enactment of this act.
§ 13. Section 2 of chapter 882 of the laws of 1977, relating to the
imposition of certain taxes in the city of New York, as amended by
section 13 of part F of chapter 61 of the laws of 2017, is amended to
read as follows:
§ 2. This act shall expire on December 31, [2020] 2023, provided,
however, that it is hereby declared to be the express intention of the
legislature that the provisions of section one of this act, except with
respect to the enforcement and collection of any tax arising thereunder,
shall remain in full force and effect only until the date of such expi-
ration, at which time the provisions of law amended by this act shall be
continued in full force and effect as they existed prior to the enact-
ment of this act.
§ 14. This act shall take effect immediately.
SUBPART H
Section 1. This Subpart enacts into law major components of legis-
lation relating to issues deemed necessary for the state. Each component
is wholly contained within an Item identified as Items A though E. The
effective date for each particular provision contained within such Item
is set forth in the last section of such Item. Any provisions in any
section contained within an Item, including the effective date of the
Item, which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Item in which it is found.
Section three of this Subpart sets forth the general effective date of
this Subpart.
ITEM A
Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of
section 1115 of the tax law, as amended by section 1 of part E of chap-
ter 61 of the laws of 2017, is amended to read as follows:
(A) "Tenant" means a person who, as lessee, enters into a space lease
with a landlord for a term of ten years or more commencing on or after
September first, two thousand five, but not later than, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (i) of subparagraph (D) of this paragraph, September
first, two thousand [twenty] TWENTY-THREE and, in the case of a space
lease with respect to leased premises located in eligible areas as
defined in clause (ii) of subparagraph (D) of this paragraph not later
than September first, two thousand [twenty-two] TWENTY-FIVE, of premises
for use as commercial office space in buildings located or to be located
in the eligible areas. A person who currently occupies premises for use
as commercial office space under an existing lease in a building in the
eligible areas shall not be eligible for exemption under this subdivi-
sion unless such existing lease, in the case of a space lease with
respect to leased premises located in eligible areas as defined in
clause (i) of subparagraph (D) of this paragraph expires according to
its terms before September first, two thousand [twenty] TWENTY-THREE or
such existing lease, in the case of a space lease with respect to leased
premises located in eligible areas as defined in clause (ii) of subpara-
S. 7508--B 232 A. 9508--B
graph (D) of this paragraph and such person enters into a space lease,
for a term of ten years or more commencing on or after September first,
two thousand five, of premises for use as commercial office space in a
building located or to be located in the eligible areas, provided that
such space lease with respect to leased premises located in eligible
areas as defined in clause (i) of subparagraph (D) of this paragraph
commences no later than September first, two thousand [twenty] TWENTY-
THREE, and provided that such space lease with respect to leased prem-
ises located in eligible areas as defined in clause (ii) of subparagraph
(D) of this paragraph commences no later than September first, two thou-
sand [twenty-two] TWENTY-FIVE and provided, further, that such space
lease shall expire no earlier than ten years after the expiration of the
original lease.
§ 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
tax law relating to exemptions from sales and use taxes, as amended by
section 2 of part E of chapter 61 of the laws of 2017, is amended to
read as follows:
§ 2. This act shall take effect September 1, 2005 and shall expire and
be deemed repealed on December 1, [2023] 2026, and shall apply to sales
made, uses occurring and services rendered on or after such effective
date, in accordance with the applicable transitional provisions of
sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
tax law, as added by section one of this act, shall expire and be deemed
repealed December 1, [2021] 2024.
§ 3. Paragraph 1 of subdivision (b) of section 25-s of the general
city law, as amended by section 7 of part E of chapter 61 of the laws of
2017, is amended to read as follows:
(1) non-residential premises that are wholly contained in property
that is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such article except that such property is exempt from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such title two-D,
or the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, have not been satisfied, provided that applica-
tion for such benefits was made after May third, nineteen hundred eight-
y-five and prior to July first, two thousand [twenty] TWENTY-THREE, that
construction or renovation of such premises was described in such appli-
cation, that such premises have been substantially improved by such
construction or renovation so described, that the minimum required
expenditure as defined in such title two-D or two-F, whichever is appli-
cable, has been made, and that such real property is located in an
eligible area; or
§ 4. Paragraph 3 of subdivision (b) of section 25-s of the general
city law, as amended by section 8 of part E of chapter 61 of the laws of
2017, is amended to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty] TWENTY-THREE for financ-
ing by an industrial development agency established pursuant to article
eighteen-A of the general municipal law, provided that such financing
has been used in whole or in part to substantially improve such premises
(by construction or renovation), and that expenditures have been made
for improvements to such real property in excess of ten per centum of
S. 7508--B 233 A. 9508--B
the value at which such real property was assessed for tax purposes for
the tax year in which such improvements commenced, that such expendi-
tures have been made within thirty-six months after the earlier of (i)
the issuance by such agency of bonds for such financing, or (ii) the
conveyance of title to such property to such agency, and that such real
property is located in an eligible area; or
§ 5. Paragraph 5 of subdivision (b) of section 25-s of the general
city law, as amended by section 9 of part E of chapter 61 of the laws of
2017, is amended to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty] TWENTY-THREE, provided, however, that such
premises were constructed or renovated subsequent to such approval, that
expenditures have been made subsequent to such approval for improvements
to such real property (by construction or renovation) in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
effective date of such lease, and that such real property is located in
an eligible area; or
§ 6. Paragraph 2 of subdivision (c) of section 25-t of the general
city law, as amended by section 10 of part E of chapter 61 of the laws
of 2017, is amended to read as follows:
(2) No eligible energy user, qualified eligible energy user, on-site
cogenerator, or clean on-site cogenerator shall receive a rebate pursu-
ant to this article until it has obtained a certification from the
appropriate city agency in accordance with a local law enacted pursuant
to this section. No such certification for a qualified eligible energy
user shall be issued on or after November first, two thousand. No such
certification of any other eligible energy user, on-site cogenerator, or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty] TWENTY-THREE.
§ 7. Paragraph 1 of subdivision (a) of section 25-aa of the general
city law, as amended by section 11 of part E of chapter 61 of the laws
of 2017, is amended to read as follows:
(1) is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such title except that such property is exempt from real
property taxation and the requirements of paragraph (b) of subdivision
seven of section four hundred eighty-nine-dddd of such title two-D, or
the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, of the real property tax law have not been
satisfied, provided that application for such benefits was made after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand [twenty] TWENTY-THREE, that construction
or renovation of such building or structure was described in such appli-
cation, that such building or structure has been substantially improved
by such construction or renovation, and (i) that the minimum required
expenditure as defined in such title has been made, or (ii) where there
is no applicable minimum required expenditure, the building was
constructed within such period or periods of time established by title
S. 7508--B 234 A. 9508--B
two-D or two-F, whichever is applicable, of article four of the real
property tax law for construction of a new building or structure; or
§ 8. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the
general city law, as amended by section 12 of part E of chapter 61 of
the laws of 2017, are amended to read as follows:
(2) has obtained approval after the thirtieth day of June, nineteen
hundred ninety-five and before the first day of July, two thousand
[twenty] TWENTY-THREE, for financing by an industrial development agency
established pursuant to article eighteen-A of the general municipal law,
provided that such financing has been used in whole or in part to
substantially improve such building or structure by construction or
renovation, that expenditures have been made for improvements to such
real property in excess of twenty per centum of the value at which such
real property was assessed for tax purposes for the tax year in which
such improvements commenced, and that such expenditures have been made
within thirty-six months after the earlier of (i) the issuance by such
agency of bonds for such financing, or (ii) the conveyance of title to
such building or structure to such agency; or
(3) is owned by the city of New York or the New York state urban
development corporation, or a subsidiary corporation thereof, a lease
for which was approved in accordance with the applicable provisions of
the charter of such city or by the board of directors of such corpo-
ration, as the case may be, and such approval was obtained after the
thirtieth day of June, nineteen hundred ninety-five and before the first
day of July, two thousand [twenty] TWENTY-THREE, provided that expendi-
tures have been made for improvements to such real property in excess of
twenty per centum of the value at which such real property was assessed
for tax purposes for the tax year in which such improvements commenced,
and that such expenditures have been made within thirty-six months after
the effective date of such lease; or
§ 9. Subdivision (f) of section 25-bb of the general city law, as
amended by section 13 of part E of chapter 61 of the laws of 2017, is
amended to read as follows:
(f) Application and certification. An owner or lessee of a building or
structure located in an eligible revitalization area, or an agent of
such owner or lessee, may apply to such department of small business
services for certification that such building or structure is an eligi-
ble building or targeted eligible building meeting the criteria of
subdivision (a) or (q) of section twenty-five-aa of this article.
Application for such certification must be filed after the thirtieth day
of June, nineteen hundred ninety-five and before a building permit is
issued for the construction or renovation required by such subdivisions
and before the first day of July, two thousand [twenty] TWENTY-THREE,
provided that no certification for a targeted eligible building shall be
issued after October thirty-first, two thousand. Such application shall
identify expenditures to be made that will affect eligibility under such
subdivision (a) or (q). Upon completion of such expenditures, an appli-
cant shall supplement such application to provide information (i) estab-
lishing that the criteria of such subdivision (a) or (q) have been met;
(ii) establishing a basis for determining the amount of special rebates,
including a basis for an allocation of the special rebate among eligible
revitalization area energy users purchasing or otherwise receiving ener-
gy services from an eligible redistributor of energy or a qualified
eligible redistributor of energy; and (iii) supporting an allocation of
charges for energy services between eligible charges and other charges.
Such department shall certify a building or structure as an eligible
S. 7508--B 235 A. 9508--B
building or targeted eligible building after receipt and review of such
information and upon a determination that such information establishes
that the building or structure qualifies as an eligible building or
targeted eligible building. Such department shall mail such certif-
ication or notice thereof to the applicant upon issuance. Such certif-
ication shall remain in effect provided the eligible redistributor of
energy or qualified eligible redistributor of energy reports any changes
that materially affect the amount of the special rebates to which it is
entitled or the amount of reduction required by subdivision (c) of this
section in an energy services bill of an eligible revitalization area
energy user and otherwise complies with the requirements of this arti-
cle. Such department shall notify the private utility or public utility
service required to make a special rebate to such redistributor of the
amount of such special rebate established at the time of certification
and any changes in such amount and any suspension or termination by such
department of certification under this subdivision. Such department may
require some or all of the information required as part of an applica-
tion or other report be provided by a licensed engineer.
§ 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 14 of part E
of chapter 61 of the laws of 2017, is amended to read as follows:
(1) Non-residential premises that are wholly contained in property
that is eligible to obtain benefits under part four or part five of
subchapter two of chapter two of title eleven of this code, or would be
eligible to receive benefits under such chapter except that such proper-
ty is exempt from real property taxation and the requirements of para-
graph two of subdivision g of section 11-259 of this code, or the
requirements of subparagraph (b) of paragraph two of subdivision e of
section 11-270 of this code, whichever is applicable, have not been
satisfied, provided that application for such benefits was made after
May third, nineteen hundred eighty-five and prior to July first, two
thousand [twenty] TWENTY-THREE, that construction or renovation of such
premises was described in such application, that such premises have been
substantially improved by such construction or renovation so described,
that the minimum required expenditure as defined in such part four or
part five, whichever is applicable, has been made, and that such real
property is located in an eligible area; or
§ 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 15 of part E
of chapter 61 of the laws of 2017, is amended to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty] TWENTY-THREE for financ-
ing by an industrial development agency established pursuant to article
eighteen-A of the general municipal law, provided that such financing
has been used in whole or in part to substantially improve such premises
(by construction or renovation), and that expenditures have been made
for improvements to such real property in excess of ten per centum of
the value at which such real property was assessed for tax purposes for
the tax year in which such improvements commenced, that such expendi-
tures have been made within thirty-six months after the earlier of (i)
the issuance by such agency of bonds for such financing, or (ii) the
conveyance of title to such property to such agency, and that such real
property is located in an eligible area; or
S. 7508--B 236 A. 9508--B
§ 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 16 of part E
of chapter 61 of the laws of 2017, is amended to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty] TWENTY-THREE, provided, however, that such
premises were constructed or renovated subsequent to such approval, that
expenditures have been made subsequent to such approval for improvements
to such real property (by construction or renovation) in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
effective date of such lease, and that such real property is located in
an eligible area; or
§ 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
trative code of the city of New York, as amended by section 17 of part
E of chapter 61 of the laws of 2017, is amended to read as follows:
(1) No eligible energy user, qualified eligible energy user, on-site
cogenerator, clean on-site cogenerator or special eligible energy user
shall receive a rebate pursuant to this chapter until it has obtained a
certification as an eligible energy user, qualified eligible energy
user, on-site cogenerator, clean on-site cogenerator or special eligible
energy user, respectively, from the commissioner of small business
services. No such certification for a qualified eligible energy user
shall be issued on or after July first, two thousand three. No such
certification of any other eligible energy user, on-site cogenerator or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty] TWENTY-THREE. The commissioner of small business
services, after notice and hearing, may revoke a certification issued
pursuant to this subdivision where it is found that eligibility criteria
have not been met or that compliance with conditions for continued
eligibility has not been maintained. The corporation counsel may main-
tain a civil action to recover an amount equal to any benefits improper-
ly obtained.
§ 14. Subparagraph (b-2) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 18 of part E of chapter 61 of the laws of 2017, is amended to
read as follows:
(b-2) The amount of the special reduction allowed by this subdivision
with respect to a lease other than a sublease commencing between July
first, two thousand five and June thirtieth, two thousand [twenty] TWEN-
TY-THREE with an initial or renewal lease term of at least five years
shall be determined as follows:
(i) For the base year the amount of such special reduction shall be
equal to the base rent for the base year.
(ii) For the first, second, third and fourth twelve-month periods
following the base year the amount of such special reduction shall be
equal to the lesser of (A) the base rent for each such twelve-month
period or (B) the base rent for the base year.
§ 15. Subdivision 9 of section 499-aa of the real property tax law, as
amended by section 19 of part E of chapter 61 of the laws of 2017, is
amended to read as follows:
S. 7508--B 237 A. 9508--B
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
one, provided, however, that with respect to eligible premises defined
in subparagraph (i) of paragraph (b) of subdivision ten of this section,
the period commencing July first, two thousand and terminating June
thirtieth, two thousand [twenty-one] TWENTY-FOUR, and provided, further,
however, that with respect to eligible premises defined in subparagraph
(ii) of paragraph (b) or paragraph (c) of subdivision ten of this
section, the period commencing July first, two thousand five and termi-
nating June thirtieth, two thousand [twenty-one] TWENTY-FOUR.
§ 16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
499-cc of the real property tax law, as amended by section 20 of part E
of chapter 61 of the laws of 2017, is amended to read as follows:
(iii) With respect to the eligible premises defined in subparagraph
(ii) of paragraph (b) or paragraph (c) of subdivision ten of section
four hundred ninety-nine-aa of this title and for purposes of determin-
ing whether the amount of expenditures required by subdivision one of
this section have been satisfied, expenditures on improvements to the
common areas of an eligible building shall be included only if work on
such improvements commenced and the expenditures are made on or after
July first, two thousand five and on or before December thirty-first,
two thousand [twenty-one] TWENTY-FOUR; provided, however, that expendi-
tures on improvements to the common areas of an eligible building made
prior to three years before the lease commencement date shall not be
included.
§ 17. Subdivisions 5 and 9 of section 499-a of the real property tax
law, as amended by section 21 of part E of chapter 61 of the laws of
2017, are amended to read as follows:
5. "Benefit period." The period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than sixty months thereafter, provided, however, that with
respect to a lease commencing on or after April first, nineteen hundred
ninety-seven with an initial lease term of less than five years, but not
less than three years, the period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than thirty-six months thereafter. Notwithstanding the forego-
ing sentence, a benefit period shall expire no later than March thirty-
first, two thousand [twenty-seven] THIRTY.
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
[twenty-one] TWENTY-FOUR.
§ 18. Paragraph (a) of subdivision 3 of section 499-c of the real
property tax law, as amended by section 22 of part E of chapter 61 of
the laws of 2017, is amended to read as follows:
(a) For purposes of determining whether the amount of expenditures
required by subdivision one of this section have been satisfied, expend-
itures on improvements to the common areas of an eligible building shall
be included only if work on such improvements commenced and the expendi-
tures are made on or after April first, nineteen hundred ninety-five and
on or before September thirtieth, two thousand [twenty-one] TWENTY-FOUR;
provided, however, that expenditures on improvements to the common areas
of an eligible building made prior to three years before the lease
commencement date shall not be included.
§ 19. Subdivision 8 of section 499-d of the real property tax law, as
amended by section 23 of part E of chapter 61 of the laws of 2017, is
amended to read as follows:
S. 7508--B 238 A. 9508--B
8. Leases commencing on or after April first, nineteen hundred nine-
ty-seven shall be subject to the provisions of this title as amended by
chapter six hundred twenty-nine of the laws of nineteen hundred ninety-
seven, chapter one hundred eighteen of the laws of two thousand one,
chapter four hundred forty of the laws of two thousand three, chapter
sixty of the laws of two thousand seven, chapter twenty-two of the laws
of two thousand ten, chapter fifty-nine of the laws of two thousand
fourteen, chapter twenty of the laws of two thousand fifteen [and the],
chapter of the laws of two thousand seventeen AND THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY that [added] AMENDED this phrase. Notwith-
standing any other provision of law to the contrary, with respect to
leases commencing on or after April first, nineteen hundred ninety-sev-
en, an application for a certificate of abatement shall be considered
timely filed if filed within one hundred eighty days following the lease
commencement date or within sixty days following the date chapter six
hundred twenty-nine of the laws of nineteen hundred ninety-seven became
a law, whichever is later.
§ 20. Subparagraph (a) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 24 of part E of chapter 61 of the laws of 2017, is amended to
read as follows:
(a) An eligible tenant of eligible taxable premises shall be allowed a
special reduction in determining the taxable base rent for such eligible
taxable premises. Such special reduction shall be allowed with respect
to the rent for such eligible taxable premises for a period not exceed-
ing sixty months or, with respect to a lease commencing on or after
April first, nineteen hundred ninety-seven with an initial lease term of
less than five years, but not less than three years, for a period not
exceeding thirty-six months, commencing on the rent commencement date
applicable to such eligible taxable premises, provided, however, that in
no event shall any special reduction be allowed for any period beginning
after March thirty-first, two thousand [twenty-seven] THIRTY. For
purposes of applying such special reduction, the base rent for the base
year shall, where necessary to determine the amount of the special
reduction allowable with respect to any number of months falling within
a tax period, be prorated by dividing the base rent for the base year by
twelve and multiplying the result by such number of months.
§ 21. This act shall take effect immediately, except that if this act
shall become a law after June 30, 2020, this act shall be deemed to have
been in full force and effect on and after June 30, 2020; provided,
further, that the amendments to subparagraph (A) of paragraph 7 of
subdivision (ee) of section 1115 of the tax law made by section one of
this act shall not affect the repeal of such subdivision and shall be
repealed therewith.
ITEM B
Section 1. Paragraphs (d) and (e) of subdivision 1 of section
499-bbbb of the real property tax law, paragraph (d) as separately
amended by chapters 327 and 412 of the laws of 2018 and paragraph (e) as
added by chapter 412 of the laws of 2018, are amended to read as
follows:
(d) if the solar electric generating system is placed in service on or
after January first, two thousand fourteen, and before January first,
two thousand [twenty-one] TWENTY-FOUR, for each year of the compliance
period such tax abatement shall be the lesser of (i) five percent of
S. 7508--B 239 A. 9508--B
eligible solar electric generating system expenditures, (ii) the amount
of taxes payable in such tax year, or (iii) sixty-two thousand five
hundred dollars; or
(e) if electric energy storage equipment is placed in service on or
after January first, two thousand nineteen, and before January first,
two thousand [twenty-one] TWENTY-FOUR, for each year of the compliance
period such tax abatement shall be the lesser of (i) ten percent of
eligible electric energy storage equipment expenditures, (ii) the amount
of taxes payable in such tax year, or (iii) sixty-two thousand five
hundred dollars.
§ 2. Subdivision 1 of section 499-cccc of the real property tax law,
as separately amended by chapters 327 and 412 of the laws of 2018, is
amended to read as follows:
1. To obtain a tax abatement pursuant to this title, an applicant must
file an application for tax abatement, which may be filed on or after
January first, two thousand nine, and on or before March fifteenth, two
thousand [twenty-one] TWENTY-FOUR.
§ 3. This act shall take effect immediately.
ITEM C
Section 1. Section 2 of part II of chapter 54 of the laws of 2016,
amending part C of chapter 58 of the laws of 2005 relating to
authorizing reimbursements for expenditures made by or on behalf of
social services districts for medical assistance for needy persons and
administration thereof, as amended by section 3 of part T of chapter 57
of the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2020] 2022.
§ 2. This act shall take effect immediately.
ITEM D
Section 1. Section 13 of part D of chapter 58 of the laws of 2016,
relating to repealing certain provisions of the state finance law relat-
ing to the motorcycle safety fund, is amended to read as follows:
§ 13. This act shall take effect immediately; provided, however, that
section seven of this act shall take effect April 1, [2020] 2024;
provided further, however, that the amendments to section 399-1 of the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
provided further, however, that the amendments to paragraph (a) of
subdivision 3 of section 89-b of the state finance law made by section
eleven of this act shall be subject to the expiration and reversion of
such paragraph pursuant to section 13 of part U1 of chapter 62 of the
laws of 2003, as amended, when upon such date the provisions of section
twelve of this act shall take effect.
§ 2. This act shall take effect immediately.
ITEM E
Section 1. Section 5 of chapter 589 of the laws of 2015, amending the
insurance law relating to catastrophic or reinsurance coverage issued to
certain small groups, as amended by chapter 202 of the laws of 2019, is
amended to read as follows:
S. 7508--B 240 A. 9508--B
§ 5. This act shall take effect on the same date and in the same
manner as [a] chapter [of the laws of 2015 amending the insurance law
relating to catastrophic or reinsurance coverage issued to certain small
groups, as proposed in legislative bills numbers S.5928-A and A.8134-A]
588 OF THE LAWS OF 2015, takes effect and shall be deemed repealed [six]
SEVEN years thereafter.
§ 2. Section 5 of chapter 588 of the laws of 2015, amending the insur-
ance law relating to catastrophic or reinsurance coverage issued to
certain small groups, as amended by chapter 202 of the laws of 2019, is
amended to read as follows:
§ 5. This act shall take effect immediately; and shall be deemed
repealed [6] 7 years after it shall have become a law.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or item of this subpart shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section,
or item thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately, provided, however, that
the applicable effective date of Items A through E of this act shall be
as specifically set forth in the last section of such Items.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, item, subpart or part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, item, subpart or part thereof directly involved in the
controversy in which such judgment shall have been rendered. It is here-
by declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through H of this act shall
be as specifically set forth in the last section of such Subparts.
PART YYY
Section 1. Subdivision 12 of section 201 of the vehicle and traffic
law, as added by chapter 37 of the laws of 2019, is amended to read as
follows:
12. (a) Except as required for the commissioner to issue or renew a
driver's license or learner's permit that meets federal standards for
identification, AS NECESSARY FOR AN INDIVIDUAL SEEKING ACCEPTANCE INTO A
TRUSTED TRAVELER PROGRAM, OR TO FACILITATE VEHICLE IMPORTS AND/OR
EXPORTS, the commissioner, and any agent or employee of the commission-
er, shall not disclose or make accessible in any manner records or
information that he or she maintains, to any agency that primarily
enforces immigration law or to any employee or agent of such agency,
unless the commissioner is presented with a lawful court order or judi-
cial warrant signed by a judge appointed pursuant to article III of the
United States constitution. Upon receiving a request for such records or
information from an agency that primarily enforces immigration law, the
S. 7508--B 241 A. 9508--B
commissioner shall, no later than three days after such request, notify
the individual about whom such information was requested, informing such
individual of the request and the identity of the agency that made such
request.
(b) The commissioner shall require any person or entity that receives
or has access to records or information from the department to certify
to the commissioner, before such receipt or access, that such person or
entity shall not (i) use such records or information for civil immi-
gration purposes or (ii) disclose such records or information to any
agency that primarily enforces immigration law or to any employee or
agent of any such agency unless such disclosure is pursuant to a cooper-
ative arrangement between city, state and federal agencies which
arrangement does not enforce immigration law and which disclosure is
limited to the specific records or information being sought pursuant to
such arrangement. VIOLATION OF SUCH CERTIFICATION SHALL BE A CLASS E
FELONY. In addition to any records required to be kept pursuant to
subdivision (c) of section 2721 of title 18 of the United States code,
any person or entity certifying pursuant to this paragraph shall keep
for a period of five years records of all uses and identifying each
person or entity that primarily enforces immigration law that received
department records or information from such certifying person or entity.
Such records shall be maintained in a manner and form prescribed by the
commissioner and shall be available for inspection by the commissioner
or his or her designee upon his or her request.
(c) For purposes of this subdivision, the term "agency that primarily
enforces immigration law" shall include, but not be limited to, United
States immigration and customs enforcement and United States customs and
border protection, and any successor agencies having similar duties.
FAILURE TO MAINTAIN RECORDS AS REQUIRED BY THIS SUBDIVISION SHALL BE A
CLASS E FELONY.
§ 2. This act shall take effect immediately.
PART ZZZ
Section 1. The article heading of article 14 of the election law is
amended to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES;
PUBLIC FINANCING
§ 2. Sections 14-100 through 14-132 of the election law are designated
title I and a new title heading is added to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
§ 3. Subdivision 1 of section 14-114 of the election law, as amended
by chapter 79 of the laws of 1992 and paragraphs a and b as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
1. The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions, and to all contributions to
political committees working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:
a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee, PARTIC-
IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM PURSUANT TO
TITLE TWO OF THIS ARTICLE and no SUCH candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
S. 7508--B 242 A. 9508--B
gate amount greater than[: (i) in the case of any nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not less than four thousand
dollars nor more than twelve] EIGHTEEN thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision, and (ii) in the case of any election to a public
office, twenty-five thousand dollars as increased or decreased by the
cost of living adjustment described in paragraph c of this subdivision]
DIVIDED EQUALLY AMONG THE PRIMARY AND GENERAL ELECTION IN AN ELECTION
CYCLE; provided however, that the maximum amount which may be so
contributed or accepted, in the aggregate, from any candidate's child,
parent, grandparent, brother and sister, and the spouse of any such
persons, shall not exceed in the case of any nomination to public office
an amount equivalent to the product of the number of enrolled voters in
the candidate's party in the state, excluding voters in inactive status,
multiplied by $.025, and in the case of any election for a public
office, an amount equivalent to the product of the number of registered
voters in the state excluding voters in inactive status, multiplied by
$.025.
b. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM PURSUANT TO TITLE
TWO OF THIS ARTICLE and no SUCH candidate or political committee may
accept any contribution from any contributor, which is in the aggregate
amount greater than election for party position, or for nomination to
public office, the product of the total number of enrolled voters in the
candidate's party in the district in which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of the total number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.05, however in the case of a nomination within the city
of New York for the office of mayor, public advocate or comptroller,
such amount shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of living
adjustment described in paragraph c of this subdivision; in the case of
an election within the city of New York for the office of mayor, public
advocate or comptroller, twenty-five thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision; in the case of a nomination OR ELECTION for state
senator, [four] TEN thousand dollars [as increased or decreased by the
cost of living adjustment described in paragraph c of this subdivision;
in the case of an election for state senator, six thousand two hundred
fifty dollars as increased or decreased by the cost of living adjustment
described in paragraph c of this subdivision], DIVIDED EQUALLY AMONG THE
PRIMARY AND GENERAL ELECTION IN AN ELECTION CYCLE; in the case of an
election or nomination for a member of the assembly, [twenty-five
hundred] SIX THOUSAND dollars [as increased or decreased by the cost of
living adjustment described in paragraph c of this subdivision; but in
no event shall any such maximum exceed fifty thousand dollars or be less
than one thousand dollars], DIVIDED EQUALLY AMONG THE PRIMARY AND GENER-
AL ELECTION IN AN ELECTION CYCLE; provided however, that the maximum
amount which may be so contributed or accepted, in the aggregate, from
any candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case of any election
S. 7508--B 243 A. 9508--B
for party position or nomination for public office an amount equivalent
to the number of enrolled voters in the candidate's party in the
district in which he is a candidate, excluding voters in inactive
status, multiplied by $.25 and in the case of any election to public
office, an amount equivalent to the number of registered voters in the
district, excluding voters in inactive status, multiplied by $.25; or
twelve hundred fifty dollars, whichever is greater, or in the case of a
nomination or election of a state senator, twenty thousand dollars,
whichever is greater, or in the case of a nomination or election of a
member of the assembly twelve thousand five hundred dollars, whichever
is greater, but in no event shall any such maximum exceed one hundred
thousand dollars.
c. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS OF
THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBUTOR
MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN
EIGHTEEN THOUSAND DOLLARS, DIVIDED EQUALLY AMONG THE PRIMARY AND GENERAL
ELECTION IN AN ELECTION CYCLE; PROVIDED HOWEVER, THAT THE MAXIMUM AMOUNT
WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM ANY
CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
NATION TO PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE PRODUCT OF THE
NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE NUMBER OF REGISTERED VOTERS IN THE STATE, EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
D. IN ANY NOMINATION OR ELECTION OF A CANDIDATE WHO IS NOT A PARTIC-
IPATING CANDIDATE FOR STATE SENATOR, TEN THOUSAND DOLLARS, DIVIDED
EQUALLY AMONG THE PRIMARY AND GENERAL ELECTION IN AN ELECTION CYCLE; IN
THE CASE OF AN ELECTION OR NOMINATION FOR A MEMBER OF THE ASSEMBLY, SIX
THOUSAND DOLLARS, DIVIDED EQUALLY AMONG THE PRIMARY AND GENERAL ELECTION
IN AN ELECTION CYCLE.
E.(1) At the beginning of each fourth calendar year, commencing in
nineteen hundred ninety-five, the state board shall determine the
percentage of the difference between the most recent available monthly
consumer price index for all urban consumers published by the United
States bureau of labor statistics and such consumer price index
published for the same month four years previously. The amount of each
contribution limit fixed in this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount of each
such contribution limit. Each contribution limit as so adjusted shall be
the contribution limit in effect for any election held before the next
such adjustment.
(2) PROVIDED, HOWEVER, THAT SUCH ADJUSTMENTS SHALL NOT OCCUR FOR
CANDIDATES SEEKING STATEWIDE OFFICE, OR THE POSITION OF STATE SENATOR OR
MEMBER OF THE ASSEMBLY, WHETHER SUCH CANDIDATE DOES OR DOES NOT PARTIC-
IPATE IN THE PUBLIC FINANCE PROGRAM ESTABLISHED PURSUANT TO TITLE TWO OF
THIS ARTICLE.
F. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
S. 7508--B 244 A. 9508--B
14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
TEE.
§ 4. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
14-200-A. DEFINITIONS.
14-201. POLITICAL COMMITTEE REGISTRATION.
14-202. PROOF OF COMPLIANCE.
14-203. ELIGIBILITY.
14-204. LIMITS ON PUBLIC FINANCING.
14-205. PAYMENT OF PUBLIC MATCHING FUNDS.
14-206. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN
EXPENDITURES.
14-207. COMPOSITION, POWERS, AND DUTIES OF THE PUBLIC CAMPAIGN
FINANCE BOARD.
14-208. AUDITS AND REPAYMENTS.
14-209. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS.
14-210. REPORTS.
14-211. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
14-212. SEVERABILITY.
§ 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR AND THE APPEARANCE OF CORRUPTION. THE LEGISLATURE FURTHER FINDS
THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
CITIZEN APATHY THAT UNDERMINES THE DEMOCRATIC OPERATION OF THE POLITICAL
PROCESS.
THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
REPRESENTING THE NEEDS OF THEIR CONSTITUENTS, AND COMMUNICATING WITH
VOTERS.
THE LEGISLATURE AMENDS THIS ARTICLE CREATING A NEW TITLE TO THIS ARTI-
CLE TO REDUCE THE POSSIBILITY AND APPEARANCE THAT SPECIAL INTERESTS
EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO INCREASE THE ACTUAL
AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO ALL VOTERS; TO
ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO REDUCE THE
PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING LARGE
CONTRIBUTIONS FOR THEIR CAMPAIGNS.
THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
FUNDING PROGRAM WILL ENLARGE THE PUBLIC DEBATE AND INCREASE PARTIC-
IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
THAT THE VOLUNTARY EXPENDITURE LIMITATIONS AND MATCHING FUND PROGRAM
S. 7508--B 245 A. 9508--B
REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
MONEY FOR THEIR CAMPAIGNS.
THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
IMPORTANT AND VALID GOVERNMENT INTERESTS OF REDUCING VOTER APATHY,
BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
§ 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE PURSUANT TO THESE RECOMMENDATIONS TO RECEIVE
CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDIDATE'S
CAMPAIGN FOR SUCH ELECTION.
2. "PCFB" MEANS THE PUBLIC CAMPAIGN FINANCE BOARD ESTABLISHED IN THIS
TITLE, UNLESS OTHERWISE SPECIFIED.
3. "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
4. "CONTRIBUTOR" MEANS ANY PERSON OR ENTITY THAT MAKES A CONTRIBUTION.
5. "COVERED ELECTION" MEANS ANY PRIMARY, GENERAL, OR SPECIAL ELECTION
FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR,
LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR,
OR MEMBER OF THE ASSEMBLY.
6. "ELECTION CYCLE" MEANS THE TWO-YEAR PERIOD STARTING THE DAY AFTER
THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE LEGISLATURE AND
SHALL MEAN THE FOUR-YEAR PERIOD STARTING AFTER THE DAY AFTER THE LAST
GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
7. "EXPENDITURE" MEANS ANY GIFT, SUBSCRIPTION, ADVANCE, PAYMENT, OR
DEPOSIT OF MONEY, OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE ANY GIFT,
SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY, OR ANYTHING OF VALUE, MADE
IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY
CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN SUCH
FUNDS ARE OBLIGATED.
8. "FUND" MEANS THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
9. "IMMEDIATE FAMILY" MEANS A SPOUSE, DOMESTIC PARTNER, CHILD,
SIBLING, OR PARENT.
10. "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE" MEANS ANY
ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT TWENTY-FIVE
DOLLARS OR MORE.
11. (A) "MATCHABLE CONTRIBUTION" MEANS A CONTRIBUTION NOT LESS THAN
FIVE DOLLARS AND NOT MORE THAN TWO HUNDRED FIFTY DOLLARS, FOR A CANDI-
DATE FOR PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS OF THE ENTIRE STATE
OR FOR NOMINATION TO ANY SUCH OFFICE, A CONTRIBUTION FOR ANY COVERED
ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL PERSON WHO
IS A RESIDENT IN THE STATE OF NEW YORK TO A PARTICIPATING CANDIDATE, AND
FOR A CANDIDATE FOR ELECTION TO THE STATE ASSEMBLY OR STATE SENATE OR
FOR NOMINATION TO ANY SUCH OFFICE, A CONTRIBUTION FOR ANY COVERED
ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL PERSON WHO
IS ALSO A RESIDENT OF SUCH STATE ASSEMBLY OR STATE SENATE DISTRICT FROM
WHICH SUCH CANDIDATE IS SEEKING NOMINATION OR ELECTION, THAT HAS BEEN
REPORTED IN FULL TO THE PCFB IN ACCORDANCE WITH SECTIONS 14-102 AND
14-104 OF THIS ARTICLE BY THE CANDIDATE'S AUTHORIZED COMMITTEE AND HAS
BEEN CONTRIBUTED ON OR BEFORE THE DAY OF THE APPLICABLE PRIMARY, GENER-
AL, RUNOFF, OR SPECIAL ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A
PORTION OF A CONTRIBUTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY
THE PCFB MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
S. 7508--B 246 A. 9508--B
(B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
(I) LOANS;
(II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
(III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
(IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
(V) ANONYMOUS CONTRIBUTIONS;
(VI) CONTRIBUTIONS WHOSE SOURCE IS NOT ITEMIZED AS REQUIRED BY THESE
RECOMMENDATIONS;
(VII) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
(VIII) ILLEGAL CONTRIBUTIONS;
(IX) CONTRIBUTIONS FROM MINORS;
(X) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS HIRED BY THE CANDIDATE
FOR SUCH ELECTION CYCLE;
(XI) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW; AND
(XII) ANY PORTION OF A CONTRIBUTION WHEN THE AGGREGATE CONTRIBUTIONS
ARE IN EXCESS OF TWO HUNDRED FIFTY DOLLARS FROM ANY ONE CONTRIBUTOR TO
SUCH PARTICIPATING CANDIDATE FOR NOMINATION OR ELECTION.
13. "NONPARTICIPATING CANDIDATE" MEANS A CANDIDATE FOR A COVERED
ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM OF AN
AFFIDAVIT PURSUANT TO THESE RECOMMENDATION BY THE APPLICABLE DEADLINE.
14. "PARTICIPATING CANDIDATE" MEANS ANY CANDIDATE FOR NOMINATION FOR
ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR,
ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR MEMBER OF THE
ASSEMBLY, WHO FILES A WRITTEN CERTIFICATION IN THE FORM DETERMINED BY
THE PCFB.
15. "POST-ELECTION PERIOD" MEANS THE PERIOD FOLLOWING AN ELECTION WHEN
A CANDIDATE IS SUBJECT TO AN AUDIT.
16. "QUALIFIED CAMPAIGN EXPENDITURE" MEANS AN EXPENDITURE FOR WHICH
PUBLIC MATCHING FUNDS MAY BE USED.
17. "THRESHOLD FOR ELIGIBILITY" MEANS THE AMOUNT OF MATCHABLE CONTRIB-
UTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST RECEIVE IN TOTAL IN
ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY PUBLIC FINANCING UNDER
THIS TITLE.
18. "TRANSFER" MEANS ANY EXCHANGE OF FUNDS BETWEEN A PARTY OR CONSTI-
TUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER AUTHORIZED COMMIT-
TEES.
19. "SURPLUS" MEANS THOSE FUNDS WHERE THE TOTAL SUM OF CONTRIBUTIONS
RECEIVED AND PUBLIC MATCHABLE FUNDS RECEIVED BY A PARTICIPATING CANDI-
DATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEEDS THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY.
§ 14-201. POLITICAL COMMITTEE REGISTRATION. 1. POLITICAL COMMITTEES,
AS DEFINED PURSUANT TO SUBDIVISION ONE OF SECTION 14-100 OF THIS ARTI-
CLE, SHALL REGISTER WITH THE STATE BOARD OF ELECTIONS BEFORE MAKING ANY
CONTRIBUTION OR EXPENDITURE. THE STATE BOARD OF ELECTIONS SHALL PUBLISH
A CUMULATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUD-
ING ON ITS WEBPAGE, AND REGULARLY UPDATE IT.
2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE PCFB AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
S. 7508--B 247 A. 9508--B
COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER.
3. (A) IN ADDITION TO EACH AUTHORIZED AND POLITICAL COMMITTEE REPORT-
ING TO THE PCFB EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY EXPENDI-
TURE MADE IN THE TIME AND MANNER PRESCRIBED BY SECTIONS 14-102, 14-104,
AND 14-108 OF THIS ARTICLE, EACH AUTHORIZED AND POLITICAL COMMITTEE FOR
PARTICIPATING CANDIDATES SHALL ALSO SUBMIT DISCLOSURE REPORTS ON MARCH
FIFTEENTH OF EACH ELECTION YEAR REPORTING TO THE PCFB EVERY CONTRIBUTION
AND LOAN RECEIVED AND EVERY EXPENDITURE MADE. FOR CONTRIBUTORS WHO MAKE
AGGREGATE CONTRIBUTIONS OF ONE HUNDRED DOLLARS OR MORE, EACH AUTHORIZED
AND POLITICAL COMMITTEE SHALL REPORT TO THE PCFB THE OCCUPATION AND
BUSINESS ADDRESS OF EACH CONTRIBUTOR AND LENDER. THE PCFB SHALL REVISE,
PREPARE, AND POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH
THE REQUIREMENTS OF THIS SECTION.
(B) THE PCFB SHALL REVIEW EACH DISCLOSURE REPORT FILED AND SHALL
INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUESTIONS IT HAS
CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE AND OF THE
RULES ISSUED BY THE PCFB, AND (II) QUALIFICATION FOR RECEIVING PUBLIC
MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS REVIEW, IT
SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND
TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY
TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR MATCHABLE CONTRIBUTION
CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC
MATCHING FUNDS PURSUANT TO THIS TITLE.
(C) CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED WITH THE PCFB
SHALL NOT BE MATCHABLE.
(D) PARTICIPATING CANDIDATES MAY FILE REPORTS OF CONTRIBUTIONS AS
FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT THEIR MATCHING FUNDS MAY BE
PAID AT THE EARLIEST ALLOWABLE DATE.
§ 14-202. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE PCFB. AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE PCFB ANY INFORMATION IT MAY REQUEST
RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE AS MAY BE
REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH RECORDS FOR A
PERIOD OF FIVE YEARS.
§ 14-203. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
(A) BE A CANDIDATE IN A COVERED ELECTION;
(B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT, SUBJECT TO THE REQUIREMENTS OF SUBDIVISION THREE OF SECTION
1-104 AND SUBDIVISION ONE OF SECTION 6-142 OF THIS CHAPTER;
(C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
(D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE PCFB, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE A PRIMARY ELECTION AND ON
THE LAST DAY IN WHICH A CERTIFICATION OF NOMINATION IS FILED IN A
SPECIAL ELECTION PURSUANT TO A SCHEDULE PROMULGATED BY THE PCFB;
(E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE PCFB;
(F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
S. 7508--B 248 A. 9508--B
HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
WITH HIS OR HER NOMINATION FOR ELECTION OR ELECTION TO A COVERED OFFICE,
BUT MAY MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN
AMOUNT THAT DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION
LIMIT FROM AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT
HE OR SHE IS SEEKING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION;
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD; AND
(I) NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
UTION LIMITS SET FORTH FOR CANDIDATES IN PARAGRAPHS A AND B OF SUBDIVI-
SION ONE OF SECTION 14-114 OF THIS ARTICLE DURING THE ELECTION CYCLE FOR
WHICH THE CANDIDATE SEEKS CERTIFICATION;
(I) PROVIDED HOWEVER, THAT, IF A CANDIDATE ACCEPTED CONTRIBUTIONS
EXCEEDING SUCH LIMITS, SUCH ACCEPTANCE SHALL NOT PREVENT THE CANDIDATE
FROM BEING CERTIFIED BY THE PCFB IF THE CANDIDATE IN A REASONABLE TIME,
AS DETERMINED BY RULE, PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR
THE PORTION OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIB-
UTION LIMIT.
(II) IF THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS IN A REASONABLE
TIME, AS DETERMINED BY RULE, BECAUSE THEY HAVE ALREADY BEEN SPENT,
ACCEPTANCE OF CONTRIBUTIONS EXCEEDING THE LIMITS SHALL NOT PREVENT THE
CANDIDATE FROM BEING CERTIFIED BY THE PCFB IF THE CANDIDATE SUBMITS AN
AFFIDAVIT AGREEING TO PAY TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS
THAT EXCEEDED THE LIMIT NO LATER THAN THIRTY DAYS BEFORE THE GENERAL
ELECTION. IF A CANDIDATE PROVIDES THE PCFB WITH SUCH AN AFFIDAVIT, ANY
DISBURSEMENT OF PUBLIC FUNDS TO THE CANDIDATE SHALL BE REDUCED BY NO
MORE THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT OWED BY THE CANDI-
DATE IS REPAID.
(III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
DATE WHO RETAINS FUNDS RAISED DURING ANY PREVIOUS ELECTION CYCLE TO
FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
RETAINED AND USED BY THE CANDIDATE FOR THE CANDIDATE'S CAMPAIGN IN THE
NEXT ELECTION CYCLE BUT FUNDS SHALL NOT QUALIFY FOR SATISFYING THE
THRESHOLD FOR PARTICIPATING IN THE PUBLIC CAMPAIGN FINANCE PROGRAM
ESTABLISHED IN THIS TITLE NOR SHALL THEY BE ELIGIBLE TO BE MATCHED. THE
PCFB SHALL ADOPT REGULATIONS TO ENSURE THAT CONTRIBUTIONS THAT WOULD
SATISFY THE APPLICABLE CONTRIBUTION LIMITS AUTHORIZED IN THIS TITLE
SHALL BE TRANSFERRED INTO THE APPROPRIATE CAMPAIGN ACCOUNT.
(IV) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE OR
AN AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE. UNEXPENDED
CONTRIBUTIONS SHALL BE TREATED THE SAME AS CAMPAIGN SURPLUSES UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH. NOTHING IN THIS RECOMMENDATION
SHALL BE CONSTRUED TO LIMIT, IN ANY WAY, ANY CANDIDATE OR PUBLIC OFFI-
CIAL FROM EXPENDING ANY PORTION OF PRE-EXISTING CAMPAIGN FUNDS FOR ANY
LAWFUL PURPOSE OTHER THAN THOSE RELATED TO HIS OR HER CAMPAIGN.
(V) A CANDIDATE WHO HAS RAISED MATCHABLE CONTRIBUTIONS BUT, IN THE
CASE OF A COVERED PRIMARY, GENERAL OR SPECIAL ELECTION, IS NOT OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE, OR
WHO CHOOSES NOT TO ACCEPT MATCHABLE FUNDS, MAY RETAIN SUCH CONTRIBUTIONS
AND APPLY THEM IN ACCORD WITH THIS TITLE TO THE CANDIDATE'S NEXT
CAMPAIGN, SHOULD THERE BE ONE, IN THE NEXT ELECTION CYCLE.
2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
S. 7508--B 249 A. 9508--B
(I) GOVERNOR, NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS IN CONTRIB-
UTIONS INCLUDING AT LEAST FIVE THOUSAND MATCHABLE CONTRIBUTIONS SHALL BE
COUNTED TOWARD THIS QUALIFYING THRESHOLD;
(II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL AND COMPTROLLER, NOT LESS
THAN ONE HUNDRED THOUSAND DOLLARS IN CONTRIBUTIONS INCLUDING AT LEAST
ONE THOUSAND MATCHABLE CONTRIBUTIONS SHALL BE COUNTED TOWARD THIS QUALI-
FYING THRESHOLD;
(III) STATE SENATOR, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF
THIS SUBDIVISION, NOT LESS THAN TWELVE THOUSAND DOLLARS IN CONTRIBUTIONS
INCLUDING AT LEAST ONE HUNDRED FIFTY MATCHABLE CONTRIBUTIONS SHALL BE
COUNTED TOWARD THIS QUALIFYING THRESHOLD; AND
(IV) MEMBER OF THE ASSEMBLY, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH
(C) OF THIS SUBDIVISION, NOT LESS THAN SIX THOUSAND DOLLARS IN CONTRIB-
UTIONS INCLUDING AT LEAST SEVENTY-FIVE MATCHABLE CONTRIBUTIONS SHALL BE
COUNTED TOWARD THIS QUALIFYING THRESHOLD.
(B) HOWEVER, SOLELY FOR PURPOSES OF ACHIEVING THE MONETARY THRESHOLDS
IN PARAGRAPH (A) OF THIS SUBDIVISION, THE FIRST TWO HUNDRED FIFTY
DOLLARS OF ANY CONTRIBUTION OF MORE THAN TWO HUNDRED FIFTY DOLLARS TO A
CANDIDATE OR A CANDIDATE'S COMMITTEE WHICH WOULD OTHERWISE BE MATCHABLE
EXCEPT THAT IT COMES FROM A CONTRIBUTOR WHO HAS CONTRIBUTED MORE THAN
TWO HUNDRED FIFTY DOLLARS TO SUCH CANDIDATE OR CANDIDATE'S COMMITTEE, IS
DEEMED TO BE A MATCHABLE CONTRIBUTION AND SHALL COUNT TOWARD SATISFYING
SUCH MONETARY THRESHOLD BUT SHALL NOT OTHERWISE BE CONSIDERED A MATCHA-
BLE CONTRIBUTION.
(C) WITH RESPECT TO THE MINIMUM DOLLAR THRESHOLD FOR PARTICIPATING
CANDIDATES FOR STATE SENATE AND STATE ASSEMBLY, IN SUCH DISTRICTS WHERE
AVERAGE MEDIAN INCOME ("AMI") IS BELOW THE AMI AS DETERMINED BY THE
UNITED STATES CENSUS BUREAU THREE YEARS BEFORE SUCH ELECTION FOR WHICH
PUBLIC FUNDS ARE SOUGHT, SUCH MINIMUM DOLLAR THRESHOLD FOR ELIGIBILITY
SHALL BE REDUCED BY ONE-THIRD. THE PCFB SHALL MAKE PUBLIC WHICH
DISTRICTS ARE SUBJECT TO SUCH REDUCTION NO LATER THAN TWO YEARS BEFORE
THE FIRST PRIMARY ELECTION FOR WHICH FUNDING IS SOUGHT.
(D) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE APPLIED
TO SATISFY THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR. ANY PARTICIPATING
CANDIDATE WHO IS NOMINATED IN A PRIMARY ELECTION AND HAS PARTICIPATED IN
THE PUBLIC FINANCING PROGRAM SET FORTH IN THIS TITLE, MUST PARTICIPATE
IN THE GENERAL ELECTION FOR SUCH OFFICE.
§ 14-204. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
(A) FOR GOVERNOR $3,500,000
(B) FOR LIEUTENANT GOVERNOR, ATTORNEY GENERAL OR COMPTROLLER $3,500,000
(C) FOR STATE SENATOR $375,000
(D) FOR MEMBER OF THE ASSEMBLY $175,000
2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED:
(A) FOR GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $3,500,000
(B) FOR ATTORNEY GENERAL $3,500,000
(C) FOR COMPTROLLER $3,500,000
(D) FOR STATE SENATOR $375,000
(E) FOR MEMBER OF THE ASSEMBLY $175,000
S. 7508--B 250 A. 9508--B
3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
PARAGRAPH ONE OF THIS SECTION.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
PRIVATE FUNDS A CANDIDATE MAY RECEIVE SUBJECT TO THE CONTRIBUTION LIMITS
CONTAINED IN SECTION 14-114 OF THIS ARTICLE. ANY CONTRIBUTIONS SO
RECEIVED WHICH ARE NOT EXPENDED IN THE GENERAL ELECTION MAY BE APPLIED
TO THE NEXT COVERED ELECTION FOR AN OFFICE FOR WHICH SUCH CANDIDATE
SEEKS NOMINATION OR ELECTION.
5. A CANDIDATE ONLY ON THE BALLOT IN ONE OR MORE PRIMARY ELECTIONS IN
WHICH THE NUMBER OF PERSONS ELIGIBLE TO VOTE FOR PARTY NOMINEES IN EACH
SUCH ELECTION TOTALS FEWER THAN ONE THOUSAND SHALL NOT RECEIVE PUBLIC
FUNDS IN EXCESS OF FIVE THOUSAND DOLLARS FOR QUALIFIED CAMPAIGN EXPENDI-
TURES IN SUCH ELECTION OR ELECTIONS. FOR THE PURPOSES OF THIS SECTION,
THE NUMBER OF PERSONS ELIGIBLE TO VOTE FOR PARTY NOMINEES IN A PRIMARY
ELECTION SHALL BE AS DETERMINED BY THE STATE BOARD OF ELECTIONS FOR THE
CALENDAR YEAR OF THE PRIMARY ELECTION. A CANDIDATE FOR OFFICE ON THE
BALLOT IN MORE THAN ONE PRIMARY FOR SUCH OFFICE, SHALL BE DEEMED, FOR
PURPOSES OF THIS RECOMMENDATION, TO BE A SINGLE CANDIDATE.
§ 14-205. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE PCFB DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE
ONLY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO
PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. CALCULATION OF PAYMENT. (A) IN ANY ELECTION FOR A PUBLIC OFFICE TO
BE VOTED ON BY THE VOTERS OF THE ENTIRE STATE OR FOR NOMINATION TO ANY
SUCH OFFICE, IF THE THRESHOLD FOR ELIGIBILITY IS MET, THE PARTICIPATING
CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR QUALIFIED
CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING FUNDS FOR EACH
ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, OBTAINED AND REPORTED TO THE PCFB
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE MAXIMUM PAYMENT OF
PUBLIC MATCHING FUNDS SHALL BE LIMITED TO THE AMOUNTS SET FORTH IN THIS
SECTION FOR THE COVERED ELECTION.
(B) IN ANY ELECTION FOR STATE SENATE OR STATE ASSEMBLY OR FOR NOMI-
NATION TO ANY SUCH OFFICE, IF THE THRESHOLD FOR ELIGIBILITY IS MET, THE
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR
QUALIFIED CAMPAIGN EXPENDITURES FOR MATCHABLE CONTRIBUTIONS OF ELIGIBLE
PRIVATE FUNDS PER CONTRIBUTOR, OBTAINED, AND REPORTED TO THE PCFB HERE-
IN, OF: TWELVE DOLLARS OF PUBLIC MATCHING FUNDS FOR EACH OF THE FIRST
FIFTY DOLLARS OF MATCHABLE CONTRIBUTIONS; NINE DOLLARS OF PUBLIC MATCH-
ING FUNDS FOR EACH OF THE NEXT ONE HUNDRED DOLLARS OF PUBLIC MATCHABLE
CONTRIBUTIONS; AND EIGHT DOLLARS FOR THE EACH OF THE NEXT ONE HUNDRED
DOLLARS OF PUBLIC MATCHABLE CONTRIBUTIONS. THE MAXIMUM PAYMENT OF PUBLIC
S. 7508--B 251 A. 9508--B
MATCHING FUNDS SHALL BE LIMITED TO THE AMOUNTS SET FORTH IN THIS SECTION
FOR THE COVERED ELECTION.
3. TIMING OF PAYMENT. THE PCFB SHALL MAKE ANY PAYMENT OF PUBLIC MATCH-
ING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE. BUT IN
ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS WITHIN
FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A CAMPAIGN
CONTRIBUTION REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS
ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED
OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE PAYMENT
OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. THE PCFB SHALL
SCHEDULE AT LEAST THREE PAYMENT DATES IN THE THIRTY DAYS PRIOR TO A
COVERED PRIMARY, GENERAL, OR SPECIAL ELECTION. IF ANY OF SUCH PAYMENTS
WOULD REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE
MADE ON THE NEXT BUSINESS DAY.
4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE
AMOUNT OF PUBLIC FUNDS PAYABLE TO A PARTICIPATING CANDIDATE ON THE
BALLOT IN ANY COVERED ELECTION SHALL NOT EXCEED ONE-QUARTER OF THE MAXI-
MUM PUBLIC FUNDS PAYMENT OTHERWISE APPLICABLE AND NO PARTICIPATING
CANDIDATE SHALL BE ELIGIBLE TO RECEIVE A DISBURSEMENT OF PUBLIC FUNDS
PRIOR TO TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNATING PETITIONS FOR
A PRIMARY ELECTION UNLESS THE PARTICIPATING CANDIDATE IS OPPOSED BY A
COMPETITIVE CANDIDATE. THE PCFB SHALL, BY REGULATION, SET FORTH OBJEC-
TIVE STANDARDS TO DETERMINE WHETHER A CANDIDATE IS COMPETITIVE AND THE
PROCEDURES FOR QUALIFYING FOR THE PAYMENT OF PUBLIC FUNDS.
5. ELECTRONIC FUNDS TRANSFER. THE PCFB SHALL, IN CONSULTATION WITH THE
OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
IZED COMMITTEE'S BANK ACCOUNT.
6. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE, THE PCFB SHALL PROMULGATE RULES TO PROVIDE FOR
THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THE DAY ORIGINALLY SCHED-
ULED, INCLUDING SPECIAL ELECTIONS. PROVIDED, HOWEVER IN ALL CASES, THE
PCFB SHALL: (A) WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF
RECEIVING A REPORT OF CONTRIBUTIONS FROM A CANDIDATE FOR A COVERED
OFFICE CLAIMING ELIGIBILITY FOR PUBLIC MATCHING FUNDS, VERIFY THAT
CANDIDATE'S ELIGIBILITY FOR PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO
DAYS OF DETERMINING THAT THE CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE
FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE PAYMENT OF THE APPLICABLE
MATCHING FUNDS OWED TO THE CANDIDATE.
§ 14-206. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES. 1. PUBLIC MATCHING FUNDS PROVIDED PURSUANT TO THIS TITLE MAY BE
USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO FURTHER THE
PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION, INCLUDING
PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO AN ELECTION TO
FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR
ELECTION.
2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
(B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES, OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
S. 7508--B 252 A. 9508--B
(D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
ELECTION BALLOT;
(E) AN EXPENDITURE MADE BY CASH PAYMENT;
(F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY COMMITTEE OR
CONSTITUTED COMMITTEE;
(G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
(H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS, TEE SHIRTS AND OTHER
PRINTED CAMPAIGN MATERIAL;
(I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
(J) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION, OR SUBSTITUTION;
(K) PAYMENTS MADE TO THE CANDIDATE OR A SPOUSE, DOMESTIC PARTNER,
CHILD, GRANDCHILD, PARENT, GRANDPARENT, BROTHER OR SISTER OF THE CANDI-
DATE OR SPOUSE OR DOMESTIC PARTNER OF SUCH CHILD, GRANDCHILD, PARENT,
GRANDPARENT, BROTHER OR SISTER, OR TO A BUSINESS ENTITY IN WHICH THE
CANDIDATE OR ANY SUCH PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP
INTEREST;
(L) AN EXPENDITURE MADE PRIMARILY FOR THE PURPOSE OF EXPRESSLY ADVO-
CATING A VOTE FOR OR AGAINST A BALLOT PROPOSAL, OTHER THAN EXPENDITURES
MADE ALSO TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION;
(M) PAYMENT OF ANY SETTLEMENT, PENALTY OR FINE IMPOSED PURSUANT TO
FEDERAL, STATE OR LOCAL LAW;
(N) PAYMENTS MADE THROUGH ADVANCES, EXCEPT IN THE CASE OF INDIVIDUAL
PURCHASES LESS THAN TWO HUNDRED FIFTY DOLLARS; OR
(O) EXPENDITURES TO FACILITATE, SUPPORT, OR OTHERWISE ASSIST IN THE
EXECUTION OR PERFORMANCE OF THE DUTIES OF PUBLIC OFFICE.
§ 14-207. COMPOSITION, POWERS, AND DUTIES OF THE PUBLIC CAMPAIGN
FINANCE BOARD. 1. THERE SHALL BE A PUBLIC CAMPAIGN FINANCE BOARD WITHIN
THE STATE BOARD OF ELECTIONS THAT SHALL BE COMPRISED OF THE FOLLOWING
COMMISSIONERS: THE FOUR STATE BOARD OF ELECTIONS COMMISSIONERS AND THREE
ADDITIONAL COMMISSIONERS, ONE JOINTLY APPOINTED BY THE LEGISLATIVE LEAD-
ERS OF ONE MAJOR POLITICAL PARTY IN EACH HOUSE OF THE LEGISLATURE, ONE
JOINTLY APPOINTED BY THE LEGISLATIVE LEADERS OF THE OTHER MAJOR POLI-
TICAL PARTY IN EACH HOUSE OF THE LEGISLATURE, AND ONE OF WHOM SHALL BE
APPOINTED BY THE GOVERNOR. EACH COMMISSIONER MUST BE A NEW YORK STATE
RESIDENT AND REGISTERED VOTER, AND MAY NOT CURRENTLY BE, OR WITHIN THE
PREVIOUS FIVE YEARS HAVE BEEN, AN OFFICER OF A POLITICAL PARTY OR POLI-
TICAL COMMITTEE AS DEFINED IN THE ELECTION LAW, OR A REGISTERED LOBBY-
IST. THE CHAIR OF THE PCFB SHALL BE DESIGNATED BY THE PCFB FROM AMONG
THE THREE ADDITIONAL COMMISSIONERS. EACH OF THE THREE ADDITIONAL COMMIS-
SIONERS SHALL RECEIVE A PER DIEM OF THREE HUNDRED FIFTY DOLLARS FOR WORK
ACTUALLY PERFORMED NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IN ANY ONE
CALENDAR YEAR. THEY SHALL BE CONSIDERED PUBLIC OFFICERS FOR PURPOSES OF
SECTIONS SEVENTY-THREE-A AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
THE THREE COMMISSIONERS SO APPOINTED PURSUANT TO THIS RECOMMENDATION
WILL BE APPOINTED FOR A TERM OF FIVE YEARS TO COMMENCE ON JULY FIRST,
TWO THOUSAND TWENTY AND MAY BE REMOVED BY HIS OR HER APPOINTING AUTHORI-
TY SOLELY FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT IN OFFICE,
INABILITY TO DISCHARGE THE POWER OR DUTIES OF OFFICE, AFTER WRITTEN
NOTICE AND OPPORTUNITY TO BE HEARD. DURING THE PERIOD OF HIS OR HER TERM
AS A COMMISSIONER APPOINTED HEREUNDER, EACH SUCH COMMISSIONER IS BARRED
S. 7508--B 253 A. 9508--B
FROM MAKING, OR SOLICITING FROM OTHER PERSONS, ANY CONTRIBUTIONS TO
CANDIDATES FOR ELECTION TO THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR,
ATTORNEY GENERAL, COMPTROLLER, MEMBER OF THE ASSEMBLY, OR STATE SENATOR.
ANY VACANCY OCCURRING ON THE PCFB SHALL BE FILLED WITHIN THIRTY DAYS OF
ITS OCCURRENCE IN THE SAME MANNER AS THE MEMBER WHOSE VACANCY IS BEING
FILLED WAS APPOINTED. A PERSON APPOINTED TO FILL A VACANCY OCCURRING
OTHER THAN BY EXPIRATION OF A TERM OF OFFICE SHALL BE APPOINTED FOR THE
UNEXPIRED TERM OF THE MEMBER HE OR SHE SUCCEEDS. FOUR MEMBERS OF THE
PCFB SHALL CONSTITUTE A QUORUM, AND THE PCFB SHALL HAVE THE POWER TO ACT
BY MAJORITY VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE COMMISSION WITH-
OUT VACANCY. ALL MEMBERS OF THE PCFB SHALL BE APPOINTED NO LATER THAN
THE FIRST DAY OF JULY, TWO THOUSAND TWENTY AND THE PCFB SHALL PROMULGATE
SUCH REGULATIONS AS ARE NEEDED NO LATER THAN THE FIRST DAY OF JULY, TWO
THOUSAND TWENTY-ONE.
2. THE PCFB AND STATE BOARD OF ELECTIONS MAY UTILIZE EXISTING STATE
BOARD OF ELECTIONS STAFF AND HIRE SUCH OTHER STAFF AS ARE NECESSARY TO
CARRY OUT ITS DUTIES. IT MAY EXPAND ITS STAFFING, AS NEEDED, TO PROVIDE
ADDITIONAL CANDIDATE LIAISONS TO ASSIST CANDIDATES IN COMPLYING WITH THE
TERMS OF THIS PUBLIC CAMPAIGN FINANCE SYSTEM AS PROVIDED FOR IN THESE
RECOMMENDATIONS, AS WELL AS AUDITORS, TRAINERS, ATTORNEYS, TECHNICAL
STAFF AND OTHER SUCH STAFF AS THE PCFB DETERMINES IS NECESSARY TO ADMIN-
ISTER THIS SYSTEM. ANNUALLY, ON OR BEFORE THE FIRST OF EVERY YEAR, THE
PCFB SHALL SUBMIT TO THE GOVERNOR AND THE DIVISION OF THE BUDGET A
REQUEST FOR APPROPRIATIONS FOR THE NEXT STATE FISCAL YEAR TO FULLY
SUPPORT THE ADMINISTRATION OF THE PUBLIC CAMPAIGN FINANCE PROGRAM ESTAB-
LISHED IN THIS TITLE.
3. THE PCFB SHALL DEVELOP A PROGRAM FOR INFORMING CANDIDATES AND THE
PUBLIC AS TO THE PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE,
INCLUDING BY MEANS OF A WEBPAGE. THE PCFB SHALL PREPARE IN PLAIN
LANGUAGE AND MAKE AVAILABLE EDUCATIONAL MATERIALS, INCLUDING COMPLIANCE
MANUALS AND SUMMARIES AND EXPLANATIONS OF THE PURPOSES AND PROVISIONS OF
THIS TITLE. THE PCFB SHALL PROVIDE COMPLIANCE COUNSELING AND GUIDANCE TO
CANDIDATES SEEKING TO PARTICIPATE IN PUBLIC FINANCING AS PROVIDED FOR IN
THIS TITLE, AS WELL AS TO SUCH CANDIDATES WHO PARTICIPATE. THE PCFB
SHALL PREPARE OR HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING,
TO THE EXTENT FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF
COMPLIANCE WITH THE DISCLOSURE AND RECORD KEEPING REQUIREMENTS OF THIS
TITLE.
4. THE PCFB SHALL HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND
REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS NECESSARY FOR THE ADMIN-
ISTRATION OF THIS TITLE.
5. THE PCFB SHALL PROVIDE AN INTERACTIVE, SEARCHABLE COMPUTER DATABASE
THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THIS TITLE, INCLUDING INFORMATION ON CONTRIBUTIONS TO AND
EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEES, INDEPENDENT
EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR COVERED OFFICES,
AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATABASE SHALL BE ACCES-
SIBLE TO THE PUBLIC ON THE PCFB'S WEBPAGE.
6. ANY ADVICE PROVIDED BY PCFB STAFF TO A PARTICIPATING OR NON PARTIC-
IPATING CANDIDATE WITH REGARD TO AN ACTION SHALL BE PRESUMPTIVE EVIDENCE
THAT SUCH ACTION, IF TAKEN IN RELIANCE ON SUCH ADVICE, SHOULD NOT BE
SUBJECT TO A PENALTY OR REPAYMENT OBLIGATION WHERE SUCH CANDIDATE OR
SUCH CANDIDATE'S COMMITTEE HAS CONFIRMED SUCH ADVICE IN WRITING TO SUCH
PCFB STAFF BY REGISTERED OR CERTIFIED MAIL TO THE CORRECT ADDRESS, OR BY
ELECTRONIC OR FACSIMILE TRANSMISSION WITH EVIDENCE OF RECEIPT, DESCRIB-
ING THE ACTION TO BE TAKEN PURSUANT TO THE ADVICE GIVEN AND THE PCFB OR
S. 7508--B 254 A. 9508--B
ITS STAFF HAS NOT RESPONDED TO SUCH WRITTEN CONFIRMATION WITHIN SEVEN
BUSINESS DAYS DISAVOWING OR ALTERING SUCH ADVICE, PROVIDED THAT THE
PCFB'S RESPONSE SHALL BE BY REGISTERED OR CERTIFIED MAIL TO THE CORRECT
ADDRESS, OR BY ELECTRONIC OR FACSIMILE TRANSMISSION WITH EVIDENCE OF
RECEIPT.
7. THE PCFB AND ITS PROCEEDINGS SHALL BE SUBJECT TO ARTICLES SIX AND
SEVEN OF THE PUBLIC OFFICERS LAW.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW INCLUDING, BUT NOT
LIMITED TO, SUBDIVISION ONE OF SECTION 3-104 OF THIS CHAPTER, THE PCFB
SHALL HAVE SOLE AUTHORITY TO INVESTIGATE ALL REFERRALS AND COMPLAINTS
RELATING TO THE ADMINISTRATION OF THE PROGRAM ESTABLISHED HEREUNDER AND
VIOLATIONS OF ANY OF ITS PROVISIONS, AND IT SHALL HAVE SOLE AUTHORITY TO
ADMINISTER THE PROGRAM ESTABLISHED IN THIS TITLE AND TO ENFORCE SUCH
PROVISIONS OF THIS PROGRAM EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
9. THE PCFB MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY AND PROPER TO
CARRY OUT THE PURPOSES OF THIS RECOMMENDATION.
§ 14-208. AUDITS AND REPAYMENTS. 1. AUDITS. (A) THE PCFB SHALL AUDIT
AND EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS
TITLE AND SHALL COMPLETE ALL SUCH AUDITS NO LATER THAN ONE AND ONE-HALF
YEARS AFTER THE ELECTION IN QUESTION. THIS DEADLINE SHALL NOT APPLY IN
CASES INVOLVING POTENTIAL CAMPAIGN-RELATED FRAUD, KNOWING AND WILLFUL
VIOLATIONS OF THIS ARTICLE, OR CRIMINAL ACTIVITY.
(B) EVERY PARTICIPATING CANDIDATE FOR STATEWIDE OFFICE WHO RECEIVES
PUBLIC FUNDS AS PROVIDED IN THIS TITLE, AND EVERY CANDIDATE FOR ANY
OTHER OFFICE WHO RECEIVES FIVE HUNDRED THOUSAND DOLLARS OR GREATER IN
PUBLIC FUNDS AS PROVIDED IN THIS TITLE, SHALL BE AUDITED BY THE PCFB
ALONG WITH ALL OTHER CANDIDATES IN EACH SUCH RACE. SUCH AUDITS SHALL BE
COMPLETED WITHIN ONE AND ONE-HALF YEARS OF THE ELECTION IN QUESTION.
(C) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE PCFB
SHALL SELECT NOT MORE THAN ONE-THIRD OF ALL PARTICIPATING CANDIDATES IN
COVERED ELECTIONS FOR AUDIT THROUGH A LOTTERY WHICH SHALL BE COMPLETED
WITHIN ONE YEAR OF THE ELECTION IN QUESTION. A SEPARATE LOTTERY SHALL BE
CONDUCTED FOR EACH OFFICE. THE PCFB SHALL SELECT SENATE AND ASSEMBLY
DISTRICTS TO BE AUDITED, AUDITING EVERY CANDIDATE IN EACH SELECTED
DISTRICT, WHILE ENSURING THAT THE NUMBER OF AUDITED CANDIDATES WITHIN
THOSE DISTRICTS DOES NOT EXCEED FIFTY PERCENT OF ALL PARTICIPATING
CANDIDATES FOR THE RELEVANT OFFICE. THE LOTTERY FOR SENATE AND ASSEMBLY
ELECTIONS SHALL BE WEIGHTED TO INCREASE THE LIKELIHOOD THAT A DISTRICT
FOR THE RELEVANT OFFICE IS AUDITED BASED ON HOW FREQUENTLY IT HAS NOT
BEEN SELECTED FOR AUDITING DURING THE PAST THREE ELECTION CYCLES. THE
PCFB SHALL PROMULGATE RULES CONCERNING THE METHOD OF WEIGHTING THE
SENATE AND ASSEMBLY LOTTERIES, INCLUDING PROVISIONS FOR THE FIRST THREE
ELECTION CYCLES FOR EACH OFFICE.
(D) THE COST OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY
THE CANDIDATE'S AUTHORIZED COMMITTEE USING PUBLIC FUNDS, PRIVATE FUNDS,
OR ANY COMBINATION OF SUCH FUNDS. CANDIDATES WHO RUN IN ANY PRIMARY OR
GENERAL ELECTION MUST MAINTAIN A RESERVE OF THREE PERCENT OF THE PUBLIC
FUNDS RECEIVED TO COMPLY WITH THE POST-ELECTION AUDIT.
(E) THE PCFB SHALL ISSUE TO EACH CAMPAIGN AUDITED A FINAL AUDIT REPORT
THAT DETAILS ITS FINDINGS.
2. REPAYMENTS. (A) IF THE PCFB DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE PCFB AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. SUCH COMMITTEE SHALL FIRST UTILIZE THE
S. 7508--B 255 A. 9508--B
SURPLUS FOR REPAYMENT OF SUCH SUMS AND THEN SUCH OTHER FUNDS AS IT MAY
HAVE. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS THE RESULT OF
AN ERROR BY THE PCFB, THEN THE ERRONEOUS PAYMENT WILL BE DEDUCTED FROM
ANY FUTURE PAYMENT, IF ANY, AND IF NO FUTURE PAYMENT IS TO BE MADE THEN
NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL BE LIABLE TO REPAY THE
EXCESS AMOUNT TO THE PCFB. THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED
COMMITTEE ARE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE
PCFB.
(B) IF THE PCFB DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
NOT APPROVED BY THE PCFB, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE PCFB AN AMOUNT EQUAL
TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER, AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERALLY LIABLE FOR
ANY REPAYMENTS TO THE PCFB.
(C) IF THE TOTAL SUM OF CONTRIBUTIONS RECEIVED AND PUBLIC MATCHING
PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING CANDIDATE AND HIS OR
HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN EXPENDITURES OF SUCH
CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED ELECTIONS HELD IN THE
SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO FILL A VACANCY, SUCH
CANDIDATE AND COMMITTEE SHALL USE SUCH SURPLUS FUNDS TO REIMBURSE THE
FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE FROM THE FUND
DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION. PARTICIPATING
CANDIDATES SHALL MAKE SUCH PAYMENTS NOT LATER THAN TWENTY-SEVEN DAYS
AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT,
NOT LATER THAN THE DAY ON WHICH THE PCFB ISSUES ITS FINAL AUDIT REPORT
FOR THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEV-
ER, THAT ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE
SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE PCFB UPON A DETERMINATION BY
THE PCFB THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTHING
IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR HER
AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3. RULES AND REGULATIONS. (A) THE PCFB SHALL PROMULGATE REGULATIONS
FOR THE CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER
FROM THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
SUCH PAYMENT. THESE REGULATIONS SHALL INCLUDE THE PROMULGATION AND
DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE FILED, AND THE
VERIFICATION REQUIRED. THE PCFB SHALL INSTITUTE PROCEDURES WHICH WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER
RECEIPT OF THE REQUIRED FORMS AND VERIFICATIONS.
(B) ALL RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS RECOMMENDA-
TION SHALL BE PROMULGATED PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE
ACT. THE PCFB'S DETERMINATIONS PURSUANT TO SUCH REGULATIONS AND THESE
RECOMMENDATIONS SHALL BE DEEMED FINAL.
§ 14-209. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISIONS REGARDING
PUBLIC CAMPAIGN FINANCING STATED IN THIS TITLE OR REGULATION PROMULGATED
PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT
NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS AND SUCH OTHER LESSER FINES AS
S. 7508--B 256 A. 9508--B
THE PCFB MAY PROMULGATE IN REGULATION. CANDIDATES MAY CONTEST ALLEGED
FAILURES TO FILE, LATE REPORTS AND REPORTS WITH NOTICED DEFICIENCIES AND
HAVE AN OPPORTUNITY TO BE HEARD BY THE PCFB. THE PCFB SHALL PROMULGATE A
REGULATION SETTING FORTH A SCHEDULE OF FINES FOR SUCH INFRACTIONS
INCLUDING THOSE THAT IT MAY ASSESS DIRECTLY ON VIOLATORS. THE PCFB
SHALL INVESTIGATE REFERRALS AND COMPLAINTS. AFTER INVESTIGATION, IT MAY
RECOMMEND DISMISSAL, SETTLEMENT, CIVIL ACTION, OR REFERRAL TO LAW
ENFORCEMENT. THE PCFB MAY ASSESS PENALTIES AND IT IS AUTHORIZED TO
COMMENCE A CIVIL ACTION IN COURT TO ENFORCE ALL PENALTIES AND RECOVER
MONEY DUE.
2. NOTICE OF VIOLATION AND OPPORTUNITY TO BE HEARD. THE PCFB SHALL:
(A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
REGULATION PROMULGATED HEREUNDER HAS BEEN COMMITTED;
(B) SERVE WRITTEN NOTICE UPON EACH PERSON OR ENTITY IT HAS REASON TO
BELIEVE HAS COMMITTED A VIOLATION AND SUCH WRITTEN NOTICE SHALL DESCRIBE
WITH PARTICULARITY THE NATURE OF THE ALLEGED VIOLATION INCLUDING A WRIT-
TEN REFERENCE TO A SPECIFIC LAW OR REGULATION ALLEGED TO HAVE BEEN
VIOLATED;
(C) PROVIDE SUCH PERSON OR ENTITY AN OPPORTUNITY TO BE HEARD PURSUANT
TO THE STATE ADMINISTRATIVE PROCEDURE ACT AND ANY REGULATIONS OF THE
PCFB; AND
(D) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO BE HEARD.
3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE PCFB IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE ATTORNEY GENERAL, UPON REFERRAL FROM THE
PCFB, SHALL HAVE EXCLUSIVE AUTHORITY TO PROSECUTE ANY SUCH CRIMINAL
VIOLATION. THE PCFB SHALL SEEK TO RECOVER ANY PUBLIC MATCHING FUNDS
OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
4. COURT PROCEEDINGS. PROCEEDINGS AS TO PUBLIC FINANCING BROUGHT UNDER
THIS TITLE SHALL HAVE PREFERENCE OVER ALL OTHER CAUSES IN ALL COURTS.
(A) THE DETERMINATION OF ELIGIBILITY PURSUANT TO THIS TITLE AND ANY
QUESTION OR ISSUE RELATING TO PAYMENTS FOR CAMPAIGN EXPENDITURES PURSU-
ANT TO THIS TITLE MAY BE CONTESTED IN A PROCEEDING INSTITUTED IN THE
SUPREME COURT, ALBANY COUNTY BY ANY AGGRIEVED CANDIDATE.
(B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE PCFB SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
(C) UPON THE PCFB'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE PCFB IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
ACTION IN SUPREME COURT, ALBANY COUNTY TO OBTAIN A JUDGMENT FOR ANY
AMOUNTS DETERMINED TO BE PAYABLE TO THE PCFB AS A RESULT OF AN EXAMINA-
TION AND AUDIT MADE PURSUANT TO THIS TITLE OR TO OBTAIN SUCH AMOUNTS
DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMITTEE AFTER A HEARING AT
THE PCFB.
(D) THE PCFB SHALL SETTLE OR, IN ITS SOLE DISCRETION, INSTITUTE A
SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY TO
OBTAIN A JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE
PCFB PURSUANT TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A
HEARING AT THE PCFB.
S. 7508--B 257 A. 9508--B
§ 14-210. REPORTS. THE PCFB SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
TY-FIVE AND EVERY SECOND YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE PCFB DEEMS APPRO-
PRIATE. THESE REPORTS SHALL INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE ON BEHALF OF THESE CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS PROGRAM;
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
5. RECOMMENDATIONS FOR FURTHER LEGISLATIVE AND REGULATORY ENACTMENTS,
INCLUDING CHANGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY,
AND ANY OTHER FEATURES OF THE SYSTEM.
§ 14-211. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE PCFB SHALL
PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDI-
DATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDIDATES
ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR WHICH
THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING CANDIDATE
IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTICIPATE IN
SUCH DEBATES.
§ 14-212. SEVERABILITY. IF ANY CLAUSE, SENTENCE, OR OTHER PORTION OF
PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION 14-203 OF THIS TITLE BE
ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, THEN
SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION 14-203 OF THIS TITLE SHALL READ AS FOLLOWS:
(III) STATE SENATOR, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF
THIS SUBDIVISION, NOT LESS THAN TEN THOUSAND DOLLARS IN MATCHABLE
CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED AND FIFTY MATCHABLE
CONTRIBUTIONS IN AN AMOUNT GREATER THAN FIVE DOLLARS AND NO GREATER THAN
THE LIMITS IN THIS CHAPTER, OF WHICH THE FIRST TWO HUNDRED FIFTY DOLLARS
SHALL BE COUNTED TOWARD THIS QUALIFYING THRESHOLD; AND
(IV) MEMBER OF THE ASSEMBLY, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH
(C) OF THIS SUBDIVISION, NOT LESS THAN FIVE THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST SEVENTY-FIVE MATCHABLE CONTRIB-
UTIONS IN AN AMOUNT GREATER THAN FIVE DOLLARS AND NO GREATER THAN THE
LIMITS IN THIS CHAPTER, OF WHICH THE FIRST TWO HUNDRED FIFTY DOLLARS
SHALL BE COUNTED TOWARD THIS QUALIFYING THRESHOLD.
§ 5. The state finance law is amended by adding a new section 92-t to
read as follows:
§ 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SECTION SIX HUNDRED
THIRTY-H OF THE TAX LAW, FROM THE ABANDONED PROPERTY FUND PURSUANT TO
SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE GENERAL FUND, AND FROM ALL
S. 7508--B 258 A. 9508--B
OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO RECEIVE CONTRIBUTIONS FROM
PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER PERSONS TO FULFILL THE
PURPOSES OF THE PUBLIC FINANCING SYSTEM.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
5. COMMENCING IN TWO THOUSAND TWENTY-FIVE, IF THE SURPLUS IN THE FUND
ON APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
STATE.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING
PETITIONS OR CERTIFICATES OF NOMINATION HAVE BEEN FILED AND NOT LATER
THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
§ 6. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY, GENERAL OR SPECIAL
ELECTION.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY CLAIMS
AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
S. 7508--B 259 A. 9508--B
VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY FUND TO THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-
TWO-T OF THIS ARTICLE.
§ 7. The tax law is amended by adding a new section 630-h to read as
follows:
§ 630-H. NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (A) FOR EACH
TAXABLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY,
EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND. THE CONTRIBUTION SHALL NOT REDUCE THE
AMOUNT OF STATE TAX OWED BY SUCH TAXPAYER.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUE CONTRIB-
UTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK STATE
CAMPAIGN FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW.
(C) THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION FOR A TAX YEAR
BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY.
§ 8. Paragraph (a) of subdivision 9-A of section 3-102 of the election
law, as amended by chapter 406 of the laws of 2005, is amended to read
as follows:
(a) develop an electronic reporting system to process the statements
of campaign receipts, contributions, transfers and expenditures required
to be filed with any board of elections pursuant to the provisions of
sections 14-102 [and], 14-104 AND 14-201 of this chapter;
§ 9. Subdivision 1 of section 6-142 of the election law, as amended by
chapter 79 of the laws of 1992, is amended to read as follows:
1. An independent nominating petition for candidates to be voted for
by all the voters of the state must be signed by at least [fifteen]
FORTY-FIVE thousand voters, OR ONE PERCENT OF THE TOTAL NUMBER OF VOTES,
EXCLUDING BLANK AND VOID BALLOTS, CAST FOR THE OFFICE OF GOVERNOR AT THE
LAST GUBERNATORIAL ELECTION, WHICHEVER IS LESS, of whom at least [one]
FIVE hundred, OR ONE PERCENT OF ENROLLED VOTERS, WHICHEVER IS LESS,
shall reside in each of one-half of the congressional districts of the
State.
§ 10. Subdivision 3 of section 1-104 of the election law is amended to
read as follows:
3. The term "party" means any political organization which [at the
last preceding election for governor polled at least fifty thousand
votes for its candidate for governor], EXCLUDING BLANK AND VOID BALLOTS,
AT THE LAST PRECEDING ELECTION FOR GOVERNOR RECEIVED, AT LEAST TWO
PERCENT OF THE TOTAL VOTES CAST FOR ITS CANDIDATE FOR GOVERNOR, OR ONE
HUNDRED THIRTY THOUSAND VOTES, WHICHEVER IS GREATER, IN THE YEAR IN
WHICH A GOVERNOR IS ELECTED AND AT LEAST TWO PERCENT OF THE TOTAL VOTES
CAST FOR ITS CANDIDATE FOR PRESIDENT, OR ONE HUNDRED THIRTY THOUSAND
VOTES, WHICHEVER IS GREATER, IN A YEAR WHEN A PRESIDENT IS ELECTED.
§ 11. Severability. The component clauses, sentences, subdivisions,
paragraphs, sections, and parts of this law shall be interpreted as
S. 7508--B 260 A. 9508--B
being non-severable from the other components herein. If any clause,
sentence, subdivision, paragraph, section or part of this act be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall invalidate the remainder thereof, and shall not be
confined in its operation to the clause, sentence, subdivision, para-
graph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
§ 12. This act shall take effect immediately; provided, however that
sections one, two, three and four of this act shall take effect on
November 9, 2022 and shall apply to participants in the primary and
general elections to be held in 2024; and provided further, that the
terms and appointments of the members of the public campaign finance
board as established by section four of this act, and the final date for
regulations to be promulgated by such board, shall take place in accord-
ance with dates as prescribed in section four of this act.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgement shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions has not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through ZZZ of this act shall
be as specifically set forth in the last section of such Parts.