[ ] is old law to be omitted.
LBD12673-02-4
S. 8308--A 2 A. 8808--A
such judgments without court proceedings (Part C); to amend the vehi-
cle and traffic law and the public authorities law, in relation to
deterring fraud in connection with any eligibility process for or use
of toll credits, discounts, or exemptions related to any entry into or
remaining in the tolled central business district or any Triborough
bridge and tunnel authority toll bridge or tunnel (Part D); to amend
part I of chapter 413 of the laws of 1999, relating to providing for
mass transportation payments, in relation to the amount of payments
in the Capital District Transportation District and adding Warren
County to such District (Part E); 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 tech-
nology pilot program, in relation to the effectiveness thereof (Part
F); to amend part U1 of chapter 62 of the laws of 2003, amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend 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, in relation to the effectiveness thereof (Part G); to amend
the vehicle and traffic law, in relation to establishing an online
insurance verification system for motor vehicle insurance; and to
repeal certain provisions of such law relating to motor vehicle insur-
ance and funds for a certain pilot database system (Part H); to amend
the vehicle and traffic law, in relation to establishing speed limits
in cities with populations in excess of one million people (Part I);
to amend part FF of chapter 55 of the laws of 2017 relating to motor
vehicles equipped with autonomous vehicle technology, in relation to
the effectiveness thereof (Part J); to amend the transportation law
and the vehicle and traffic law, in relation to enacting the stretch
limousine passenger safety act; and providing for the repeal of
certain provisions upon expiration thereof (Part K); to amend the
executive law, the criminal procedure law, the retirement and social
security law and the tax law, in relation to creating the Waterfront
Commission Act; and to repeal chapter 882 of the laws of 1953 relat-
ing to waterfront employment and air freight industry regulation
(Part L); to amend part DDD of chapter 55 of the laws of 2021 amending
the public authorities law relating to the clean energy resources
development and incentives program, in relation to the effectiveness
thereof (Part M); in relation to authorizing 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 depart-
ment of environmental conservation from an assessment on gas and elec-
tric corporations (Part N); to amend the public service law, the
eminent domain procedure law, the energy law, the environmental
conservation law, the public authorities law, and the education law,
in relation to transferring the functions of the office of renewable
energy siting to the department of public service and accelerating the
permitting of electric utility transmission facilities; and to repeal
certain provisions of the executive law and the public service law
relating thereto (Part O); to amend the public service law and the
transportation corporations law, in relation to aligning utility regu-
lation with state greenhouse gas emission reduction targets; and to
repeal section 66-b of the public service law relating to continuation
of gas service (Part P); to authorize utility and cable television
assessments that provide funds to the department of health from cable
S. 8308--A 3 A. 8808--A
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 Q); to amend the agriculture
and markets law, in relation to application fees for the licensing of
weighmasters (Part R); to amend the environmental conservation law, in
relation to authorizing state assistance payments toward climate smart
community projects of up to eighty percent to municipalities that meet
criteria relating to financial hardship or disadvantaged communities
(Part S); to amend the environmental conservation law, in relation to
air quality control program fees; and to repeal certain provisions of
the environmental conservation law and the state finance law relating
thereto (Part T); to amend the public authorities law and the facili-
ties development corporation act, in relation to authorizing the
dormitory authority to provide additional services to state agencies
and local governments for certain projects (Part U); 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 V); to amend
the public authorities law, in relation to the Battery Park city
authority (Part W); to amend the economic development law, in relation
to increasing the cap on grants to entrepreneurship assistance centers
(Part X); to amend chapter 261 of the laws of 1988, amending the state
finance law and other laws relating to the New York state infrastruc-
ture trust fund, in relation to the effectiveness thereof (Part Y);
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 devel-
opment fund (Part Z); to amend chapter 393 of the laws of 1994, amend-
ing 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 loan powers (Part AA); to amend chap-
ter 495 of the laws of 2004, amending the insurance law and the public
health law relating to the New York state health insurance continua-
tion assistance demonstration project, in relation to the effective-
ness thereof (Part BB); to amend the banking law, in relation to the
regulation of buy-now-pay-later lenders (Part CC); to amend the insur-
ance law, in relation to supplemental spousal liability insurance
(Part DD); to amend the insurance law, in relation to cost sharing
for covered prescription insulin drugs (Part EE); to amend the insur-
ance law, in relation to affordable housing (Part FF); to amend the
general business law, in relation to prohibiting the sale of batteries
for micromobility devices (Part GG); to amend the insurance law, in
relation to certain penalties (Part HH); to amend the general business
law, the banking law, and the social services law, in relation to
protecting eligible adults from financial exploitation (Part II); to
amend the general business law, in relation to enacting the "Consumer
Protection Act" (Part JJ); to amend chapter 56 of the laws of 2022
amending the public officers law relating to permitting videoconfer-
encing and remote participation in public meetings under certain
circumstances, in relation to extending the provisions thereof (Part
KK); to amend the insurance law, in relation to reinsurance, distrib-
ution for life insurers, and assessments; and to amend the tax law, in
relation to the credit relating to life and health insurance guaranty
S. 8308--A 4 A. 8808--A
corporation assessments (Part LL); to amend the civil rights law,
in relation to privacy rights involving digitization (Subpart A); to
amend the penal law, in relation to defining the crime of unlawful
dissemination or publication of a fabricated photographic, videograph-
ic, or audio record, and updating the definition of certain crimes to
include digitization (Subpart B); and to amend the election law, in
relation to digitization in political communications (Subpart C)(Part
MM); and to amend the insurance law, in relation to rates for
livery insurance (Part NN);
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
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2024-2025 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through NN. 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. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part C of chapter 58 of the
laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2024] 2034, 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 B
Section 1. Subdivision 5-a of section 1204 of the public authorities
law, as amended by chapter 931 of the laws of 1984, is amended to read
as follows:
5-a. To make, amend and repeal rules governing the conduct and safety
of the public as it may deem necessary, convenient or desirable for the
use and operation of the transit facilities under its jurisdiction,
including without limitation rules relating to the protection or mainte-
nance of such facilities, the conduct and safety of the public, the
payment of fares or other lawful charges for the use of such facilities,
the presentation or display of documentation permitting free passage,
reduced fare passage or full fare passage on such facilities and the
protection of the revenue of the authority. Violations of such rules
S. 8308--A 5 A. 8808--A
shall be an offense punishable by a fine of not exceeding twenty-five
dollars or by imprisonment for not longer than ten days, or both, or may
be punishable by the imposition by the transit adjudication bureau
established pursuant to the provisions of this title of a civil penalty
in an amount for each violation not to exceed [one] TWO hundred dollars
(exclusive of SUPPLEMENTAL PENALTIES, interest or costs assessed there-
on), in accordance with a schedule of such penalties as may from time to
time be established by rules of the authority. IF A VIOLATION OF THE
RULES OF THE AUTHORITY RELATING TO THE PAYMENT OF FARES IS THE FIRST
SUCH VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN
OFFICIAL WRITTEN WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES
OF THE AUTHORITY IN ALL RESPECTS, PROVIDED THAT SUCH A WARNING ISSUED TO
AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS A PREDI-
CATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU OF A CIVIL
PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN THE EVENT OF
A SUBSEQUENT VIOLATION. Such schedule of penalties may provide for the
imposition of [additional] SUPPLEMENTAL penalties, not to exceed a total
of fifty dollars for each violation, upon the failure of a respondent in
any proceeding commenced with respect to any such violation to make
timely response to or appearance in connection with a notice of
violation of such rule or to any subsequent notice or order issued by
the authority in such proceeding. There shall be no penalty or increment
in fine by virtue of a respondent's timely exercise of his right to a
hearing or appeal. The rules may provide, in addition to any other sanc-
tions, for the confiscation of tokens, tickets, cards or other fare
media that have been forged, counterfeit, improperly altered or trans-
ferred, or otherwise used in a manner inconsistent with such rules.
§ 2. Subdivisions 2, 3, 4, 5, 6, 7 and 10 of section 1209-a of the
public authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended by
chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of
subdivision 4 as amended by chapter 460 of the laws of 2015, are amended
to read as follows:
2. Hearing officers. The president of the authority shall appoint
hearing officers who shall preside at hearings for the adjudication of
charges of transit OR RAILROAD infractions, as hereinafter defined and
the adjudication of allegations of liability for violations of the rules
and regulations of the triborough bridge and tunnel authority in accord-
ance with section two thousand nine hundred eighty-five of this chapter,
and who, as provided below, may be designated to serve on the appeals
board of the bureau. Every hearing officer shall have been admitted to
the practice of law in this state for a period of at least three years,
and shall be compensated for his OR HER services on a per diem basis
determined by the bureau.
3. Jurisdiction. The bureau shall have, with respect to acts or inci-
dents in or on the transit OR RAILROAD facilities of the authority OR
THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF
committed by or involving persons who are sixteen years of age or over,
[or with respect to acts or incidents occurring on omnibuses owned or
operated by the metropolitan transportation authority or a subsidiary
thereof,] and with respect to violation of toll collection regulations
of the triborough bridge and tunnel authority as described in section
twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
tion over violations of: (a) the rules which may from time to time be
established by the authority under subdivision five-a of section twelve
hundred four of this chapter; (b) article one hundred thirty-nine of the
health code of the city of New York, as it may be amended from time to
S. 8308--A 6 A. 8808--A
time, relating to public transportation facilities; (c) article four of
the noise control code of the city of New York, as it may be amended
from time to time, insofar as it pertains to sound reproduction devices;
(d) the rules and regulations which may from time to time be established
by the triborough bridge and tunnel authority in accordance with the
provisions of section twenty-nine hundred eighty-five of this chapter;
and (e) rules and regulations which may from time to time be established
by the metropolitan transportation authority or a subsidiary thereof in
accordance with the provisions of section twelve hundred sixty-six of
this chapter. Matters within the jurisdiction of the bureau except
violations of the rules and regulations of the triborough bridge and
tunnel authority shall be known for purposes of this section as transit
OR RAILROAD infractions, AS APPLICABLE. Nothing herein shall be
construed to divest jurisdiction from any court now having jurisdiction
over any criminal charge or traffic infraction relating to any act
committed in a transit or toll facility, or to impair the ability of a
police officer to conduct a lawful search of a person in a transit OR
RAILROAD facility. The criminal court of the city of New York shall
continue to have jurisdiction over any criminal charge or traffic
infraction brought for violation of the rules of the authority, the
triborough bridge and tunnel authority or the metropolitan transporta-
tion authority or a subsidiary thereof, as well as jurisdiction relating
to any act which may constitute a crime or an offense under any law of
the state of New York or any municipality or political subdivision ther-
eof and which may also constitute a violation of such rules. The bureau
shall have concurrent jurisdiction with the environmental control board
and the administrative tribunal of the department of health over the
aforesaid provisions of the health code and noise control code of the
city of New York.
4. General powers. The bureau shall have the following functions,
powers and duties:
a. To accept pleas (whether made in person or by mail) to, and to hear
and determine, charges of transit AND RAILROAD infractions and allega-
tions of civil liability pursuant to section two thousand nine hundred
eighty-five of this chapter within its jurisdiction;
b. To impose civil penalties not to exceed a total of [one] TWO
hundred [fifty] dollars for any transit OR RAILROAD infraction within
its jurisdiction, in accordance with a penalty schedule established by
the authority or the metropolitan transportation authority or a subsid-
iary thereof, as applicable[, except that] (EXCLUSIVE OF SUPPLEMENTAL
PENALTIES, INTEREST OR COSTS ASSESSED THEREON). IF A VIOLATION OF THE
RULES OF THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A
SUBSIDIARY RELATING TO THE PAYMENT OF FARES IS THE FIRST SUCH VIOLATION
BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN OFFICIAL WRITTEN
WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF THE AUTHORITY
OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF IN
ALL RESPECTS, PROVIDED THAT THE PURPOSE, EFFECT AND DISSEMINATION OF
RECORDS OF SUCH WARNINGS SHALL BE LIMITED AS SET FORTH IN SUBDIVISION
FIVE-A OF SECTION TWELVE HUNDRED FOUR OF THIS TITLE AND SUBDIVISION FOUR
OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE. SUCH SCHEDULE OF
PENALTIES MAY PROVIDE FOR THE IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT
TO EXCEED A TOTAL OF FIFTY DOLLARS FOR EACH VIOLATION, UPON THE FAILURE
OF A RESPONDENT IN ANY PROCEEDING COMMENCED WITH RESPECT TO ANY SUCH
INFRACTION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH A
NOTICE OF VIOLATION OF SUCH RULE OR TO ANY SUBSEQUENT NOTICE OR ORDER
ISSUED BY THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR
S. 8308--A 7 A. 8808--A
A SUBSIDIARY THEREOF IN SUCH PROCEEDING. NOTWITHSTANDING THE FOREGOING,
penalties for violations of the health code of the city of New York
shall be in accordance with the penalties established for such
violations by the board of health of the city of New York, and penalties
for violations of the noise code of the city of New York shall be in
accordance with the penalties established for such violations by law,
and civil penalties for violations of the rules and regulations of the
triborough bridge and tunnel authority shall be in accordance with the
penalties established for such violations by section twenty-nine hundred
eighty-five of this chapter;
c. In its sole discretion, to suspend or forgive penalties or any
portion of penalties imposed on the condition that the respondent volun-
tarily agrees to perform and actually does satisfactorily perform unpaid
services on transit OR RAILROAD facilities as assigned by the authority,
such as, without limitation, cleaning of rolling stock;
d. To adopt, amend and rescind rules and regulations not inconsistent
with any applicable provision of law to carry out the purposes of this
section, including but not limited to rules and regulations prescribing
the internal procedures and organization of the bureau, the manner and
time of entering pleas, the conduct of hearings, and the amount and
manner of payment of penalties;
e. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions,
as provided below;
f. To compile and maintain complete and accurate records relating to
all WARNINGS, charges and dispositions, which records shall be deemed
exempt from disclosure under the freedom of information law as records
compiled for law enforcement purposes, AND PROVIDED THAT, IN THE ABSENCE
OF AN ADDITIONAL VIOLATION, RECORDS OF A WARNING ISSUED TO AN INDIVIDUAL
AS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE SEALED OR
EXPUNGED AS OF THE DATE THAT IS FIVE YEARS AFTER THE DATE THAT SUCH
WARNING WAS ISSUED;
g. To apply to a court of competent jurisdiction for enforcement of
any decision or order issued by such bureau or of any subpoena issued by
a hearing officer as provided in paragraph d of subdivision seven of
this section;
h. To enter into contracts with other government agencies, with
private organizations, or with individuals to undertake on its behalf
such functions as data processing, debt collections, mailing, and gener-
al administration, as the executive director deems appropriate, except
that the conduct by hearing officers of hearings and of appeals may not
be performed by outside contractors;
i. To accept payment of penalties and to remit same to the authority
or the metropolitan transportation authority or a subsidiary thereof, as
applicable; [and]
j. To adjudicate the liability of motor vehicle owners for violations
of rules and regulations established in accordance with the provisions
of section two thousand nine hundred eighty-five of this chapter[.];
K. IN ITS SOLE DISCRETION, TO FORGIVE PENALTIES OR ANY PORTION OF
PENALTIES IMPOSED ON A RESPONDENT FOR A VIOLATION OF THE RULES OF THE
AUTHORITY OR OF A METROPOLITAN TRANSPORTATION AUTHORITY BUS RELATING TO
THE PAYMENT OF FARES ON THE CONDITION THAT THE RESPONDENT ENROLLS IN THE
FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES
PROOF OF SUCH ENROLLMENT; AND
L. IN ITS SOLE DISCRETION, TO ISSUE A FARECARD TO A RESPONDENT FOR USE
ON TRANSIT FACILITIES IN AN AMOUNT NOT TO EXCEED ONE-HALF OF THE PENALTY
S. 8308--A 8 A. 8808--A
AMOUNT IF THE PENALTY WAS IMPOSED ON THE RESPONDENT FOR A VIOLATION OF
THE RULES OF THE AUTHORITY OR A METROPOLITAN TRANSPORTATION AUTHORITY
BUS RELATING TO THE PAYMENT OF FARES AND THE VIOLATION IS THE SECOND
SUCH VIOLATION BY THE RESPONDENT, PROVIDED THAT THE RESPONDENT SHALL
HAVE PAID THE PENALTY IN FULL BY THE DATE DUE FOR SUCH PAYMENT.
5. Notices of violation. The bureau shall prepare and distribute
notices of violation in blank to the transit police and any other person
empowered by law, rule and regulation to serve such notices. The form
and wording of the notice of violation shall be prescribed by the execu-
tive director, and it may be the same as any other notice of violation
or summons form already in use if said form meets the requirements here-
of. The notice of violation may include provisions to record information
which will facilitate the identification and location of respondents,
including but not limited to name, address, telephone numbers, date of
birth, social security number if otherwise permitted by law, place of
employment or school, and name and address of parents or guardian if a
minor. Notices of violation shall be issued only to persons who are
sixteen years of age or over, and shall be served by delivering the
notice within the state to the person to be served. A copy of each
notice of violation served hereunder shall be filed and retained by said
bureau, and shall be deemed a record kept in the ordinary course of
business, and, if sworn to or affirmed, shall be prima facie evidence of
the facts contained therein. Said notice of violation shall contain
information advising the person charged of the manner and the time with-
in which such person may either admit or deny the offense charged in the
notice. Such notice of violation shall also contain a warning to advise
the person charged that failure to plead in the manner and within the
time stated in the notice may result in a default decision and order
being entered against such person, and the imposition of supplemental
penalties as provided in subdivision five-a of section twelve hundred
four OR SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-SIX of this
chapter. A notice of violation shall not be deemed to be a notice of
liability issued pursuant to section two thousand nine hundred eighty-
five of this chapter.
6. Defaults. Where a respondent has failed to plead to a notice of
violation or to a notice of liability issued pursuant to section two
thousand nine hundred eighty-five of this chapter within the time
allowed by the rules of said bureau or has failed to appear on a desig-
nated hearing date or a subsequent date following an adjournment, such
failure to plead or appear shall be deemed, for all purposes, to be an
admission of liability and shall be grounds for rendering a default
decision and order imposing a penalty in such amount as may be
prescribed by the authority OR THE METROPOLITAN TRANSPORT AUTHORITY OR A
SUBSIDIARY THEREOF.
7. Hearings. a. (1) A person charged with a transit OR RAILROAD
infraction returnable to the bureau or a person alleged to be liable in
accordance with the provisions of section two thousand nine hundred
eighty-five of this chapter who contests such allegation shall be
advised of the date on or by which he or she must appear to answer the
charge at a hearing. Notification of such hearing date shall be given
either in the notice of violation or in a form, the content of which
shall be prescribed by the executive director or in a manner prescribed
in section two thousand nine hundred eighty-five of this chapter. Any
such notification shall contain a warning to advise the person charged
that failure to appear on or by the date designated, or any subsequent
rescheduled or adjourned date, shall be deemed for all purposes, an
S. 8308--A 9 A. 8808--A
admission of liability, and that a default judgment may be rendered and
penalties may be imposed. Where notification is given in a manner other
than in the notice of violation, the bureau shall deliver such notice to
the person charged, either personally or by registered or certified
mail.
(2) Whenever a person charged with a transit OR RAILROAD infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau requests an alternate hearing date and is not then in default as
defined in subdivision six of this section, the bureau shall advise such
person personally, or by registered or certified mail, of the alternate
hearing date on or by which he or she must appear to answer the charge
or allegation at a hearing. The form and content of such notice of hear-
ing shall be prescribed by the executive director, and shall contain a
warning to advise the person charged or alleged to be liable that fail-
ure to appear on or by the alternate designated hearing date, or any
subsequent rescheduled or adjourned date, shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.
(3) Whenever a person charged with a transit OR RAILROAD infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau appears at a hearing and obtains an adjournment of the hearing
pursuant to the rules of the bureau, the bureau shall advise such person
personally, or by registered or certified mail, of the adjourned date on
which he or she must appear to answer the charge or allegation at a
continued hearing. The form and content of such notice of a continued
hearing shall be prescribed by the executive director, and shall contain
a warning to advise the person charged or alleged to be liable that
failure to appear on the adjourned hearing date shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.
b. Every hearing for the adjudication of a charge of a transit OR
RAILROAD infraction or an allegation of liability under section two
thousand nine hundred eighty-five of this chapter hereunder shall be
held before a hearing officer in accordance with the rules and regu-
lations promulgated by the bureau.
c. The hearing officer shall not be bound by the rules of evidence in
the conduct of the hearing, except rules relating to privileged communi-
cations.
d. The hearing officer may, in his or her discretion, or at the
request of the person charged or alleged to be liable on a showing of
good cause and need therefor, issue subpoenas to compel the appearance
of any person to give testimony, and issue subpoenas duces tecum to
compel the production for examination or introduction into evidence of
any book, paper or other thing relevant to the charges.
e. In the case of a refusal to obey a subpoena, the bureau may make
application to the supreme court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order requir-
ing such appearance, testimony or production of materials.
f. The bureau shall make and maintain a sound recording or other
record of every hearing.
g. After due consideration of the evidence and arguments, the hearing
officer shall determine whether the charges or allegations have been
established. No charge may be established except upon proof by clear and
convincing evidence except allegations of civil liability for violations
S. 8308--A 10 A. 8808--A
of triborough bridge and tunnel authority rules and regulations will be
established in accordance with the provisions of section two thousand
nine hundred eighty-five of this chapter. Where the charges have not
been established, an order dismissing the charges or allegations shall
be entered. Where a determination is made that a charge or allegation
has been established or if an answer admitting the charge or allegation
has been received, the hearing officer shall set a penalty in accordance
with the penalty schedule established by the authority OR THE METROPOL-
ITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES, or for allegations of
civil liability in accordance with the provisions of section two thou-
sand nine hundred eighty-five of this chapter and an appropriate order
shall be entered in the records of the bureau. The respondent shall be
given notice of such entry in person or by certified mail. This order
shall constitute the final determination of the hearing officer, and for
purposes of review it shall be deemed to incorporate any intermediate
determinations made by said officer in the course of the proceeding.
When no appeal is filed this order shall be the final order of the
bureau.
10. Funds. All penalties collected pursuant to the provisions of this
section shall be paid to the authority to the credit of a transit crime
fund which the authority shall establish. Any sums in this fund shall be
used to pay for programs selected by the board of the METROPOLITAN
TRANSPORTATION authority, in its discretion, to reduce the incidence of
crimes and infractions on transit AND RAILROAD facilities, or to improve
the enforcement of laws against such crimes and infractions. Such funds
shall be in addition to and not in substitution for any funds provided
by the state or the city of New York for such purposes.
§ 3. Subdivision 4 of section 1266 of the public authorities law, as
amended by chapter 460 of the laws of 2015, is amended to read as
follows:
4. The authority may establish and, in the case of joint service
arrangements, join with others in the establishment of such schedules
and standards of operations and such other rules and regulations includ-
ing but not limited to rules and regulations governing the conduct and
safety of the public as it may deem necessary, convenient or desirable
for the use and operation of any transportation facility and related
services operated by the authority or under contract, lease or other
arrangement, including joint service arrangements, with the authority.
Such rules and regulations governing the conduct and safety of the
public shall be filed with the department of state in the manner
provided by section one hundred two of the executive law. In the case of
any conflict between any such rule or regulation of the authority
governing the conduct or the safety of the public and any local law,
ordinance, rule or regulation, such rule or regulation of the authority
shall prevail. Violation of any such rule or regulation of the authority
OR ANY OF ITS SUBSIDIARIES governing the conduct or the safety of the
public in or upon any facility of the authority OR ANY OF ITS SUBSID-
IARIES shall constitute an offense [and shall be] punishable by a fine
not exceeding fifty dollars or imprisonment for not more than thirty
days or both or may be punishable by the imposition of a civil penalty
by the transit adjudication bureau established pursuant to the
provisions of title nine of this article IN AN AMOUNT FOR EACH VIOLATION
NOT TO EXCEED TWO HUNDRED DOLLARS (EXCLUSIVE OF SUPPLEMENTAL PENALTIES,
INTEREST OR COSTS ASSESSED THEREON), IN ACCORDANCE WITH A SCHEDULE OF
SUCH PENALTIES AS MAY FROM TIME TO TIME BE ESTABLISHED BY RULES OF THE
AUTHORITY OR ITS SUBSIDIARIES. IF A VIOLATION OF RULES OF THE AUTHORITY
S. 8308--A 11 A. 8808--A
OR A SUBSIDIARY RELATING TO THE PAYMENT OF FARES IS THE FIRST SUCH
VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN OFFI-
CIAL WRITTEN WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF
THE AUTHORITY OR A SUBSIDIARY IN ALL RESPECTS, PROVIDED THAT SUCH A
WARNING ISSUED TO AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE OTHER
THAN AS A PREDICATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU
OF A CIVIL PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN
THE EVENT OF A SUBSEQUENT VIOLATION. SUCH SCHEDULE OF PENALTIES MAY
PROVIDE FOR THE IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT TO EXCEED A
TOTAL OF FIFTY DOLLARS FOR EACH VIOLATION, UPON THE FAILURE OF A
RESPONDENT IN ANY PROCEEDING COMMENCED WITH RESPECT TO ANY SUCH
VIOLATION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH A
NOTICE OF VIOLATION OF SUCH RULE OR TO ANY SUBSEQUENT NOTICE OR ORDER
ISSUED BY THE AUTHORITY OR A SUBSIDIARY IN SUCH PROCEEDING. THERE SHALL
BE NO PENALTY OR INCREMENT IN FINE BY VIRTUE OF A RESPONDENT'S TIMELY
EXERCISE OF THEIR RIGHT TO A HEARING OR APPEAL. THE RULES MAY PROVIDE,
IN ADDITION TO ANY OTHER SANCTIONS, FOR THE CONFISCATION OF TOKENS,
TICKETS, CARDS OR OTHER FARE MEDIA THAT HAVE BEEN FORGED, COUNTERFEIT,
IMPROPERLY ALTERED OR TRANSFERRED, OR OTHERWISE USED IN A MANNER INCON-
SISTENT WITH SUCH RULES.
§ 4. This act shall take effect immediately.
PART C
Section 1. Subdivision 3 of section 165.15 of the penal law is amended
to read as follows:
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL OR ENTER INTO OR REMAIN IN A TOLLED CENTRAL BUSINESS
DISTRICT without payment of the lawful charge OR TOLL therefor, or to
avoid payment of the lawful charge OR TOLL for such transportation
service which has been rendered to him OR HER OR FOR SUCH USE OF ANY
TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTRY INTO OR
REMAINING IN A TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
attempts to obtain such service OR TO USE ANY TOLL HIGHWAY, PARKWAY,
ROAD, BRIDGE OR TUNNEL OR ENTER INTO OR REMAIN IN A TOLLED CENTRAL BUSI-
NESS DISTRICT or avoids or attempts to avoid payment therefor by force,
intimidation, stealth, deception or mechanical tampering, or by unjusti-
fiable failure or refusal to pay; or
§ 2. Subdivision 1 of section 402 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IT SHALL
BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A MOTOR VEHICLE ON
A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER INTO OR REMAIN IN
THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN
HUNDRED FOUR OF THIS CHAPTER, UNDER THE JURISDICTION OF THE TOLLING
AUTHORITY, IF SUCH NUMBER PLATES ARE COVERED BY GLASS OR ANY PLASTIC
MATERIAL, OR COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR THAT
DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES. THE
VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART OF THE
VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER-TRANSMIT-
TER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION WITH
ELECTRONIC TOLL COLLECTION WHEN SUCH RECEIVER-TRANSMITTER IS AFFIXED TO
THE EXTERIOR OF A VEHICLE IN ACCORDANCE WITH MOUNTING INSTRUCTIONS
PROVIDED BY THE TOLLING AUTHORITY. FOR PURPOSES OF THIS PARAGRAPH,
S. 8308--A 12 A. 8808--A
"TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH OPERATES A
TOLL HIGHWAY, BRIDGE AND/OR TUNNEL OR A CENTRAL BUSINESS DISTRICT TOLL-
ING PROGRAM, AS WELL AS THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A
BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER ONE HUNDRED
FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS AMENDED.
§ 3. Subdivision 7 of section 402 of the vehicle and traffic law, as
added by chapter 648 of the laws of 2006, is amended to read as follows:
7. It shall be unlawful for any person, firm, partnership, associ-
ation, limited liability company or corporation to sell, offer for sale
or distribute any:
(A) artificial or synthetic material or substance for the purpose of
application to a number plate that will, upon application to a number
plate, distort a recorded or photographic image of such number plate; OR
(B) PLATE COVER, MATERIAL OR DEVICE THAT WILL, UPON INSTALLATION ON,
NEAR OR AROUND A NUMBER PLATE, OBSTRUCT OR OBSCURE ALL OR ANY PART OF
THE IDENTIFICATION MATTER OF SUCH NUMBER PLATE.
§ 4. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 451 of the laws of 2021, is amended to read as
follows:
8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that:
(A) a violation of subparagraph (ii) or subparagraph (iii) of para-
graph (b) of subdivision one of this section shall be punishable by a
fine of not less than fifty nor more than three hundred dollars; AND
(B) A VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
FIVE HUNDRED DOLLARS.
A POLICE OFFICER AS DEFINED IN SECTION ONE HUNDRED THIRTY-TWO OF THIS
CHAPTER ISSUING A NOTICE OF VIOLATION PURSUANT TO THIS SECTION SHALL BE
AUTHORIZED TO SEIZE AND CONFISCATE ANY COVERING AFFIXED OVER THE NUMBER
PLATES WHICH OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES,
EXCEPT THAT IN THE EVENT OF SUCH SEIZURE AND CONFISCATION A VIOLATION OF
PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISH-
ABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND THE OWNER
OF THE VEHICLE TO WHOM SUCH NUMBER PLATES WERE ISSUED SHALL HAVE ONE
WEEK FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE, IF NOT DONE BY A
POLICE OFFICER PURSUANT TO THIS SECTION, ANY ARTIFICIAL OR SYNTHETIC
MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR TO
PURCHASE NEW NUMBER PLATES. WHERE A POLICE OFFICER SEIZES OR CONFISCATES
A COVERING AFFIXED TO A NUMBERED PLATE PURSUANT TO THIS SECTION, SUCH
SEIZURE SHALL BE RECORDED ON THE NOTICE OF VIOLATION.
§ 5. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph d to read as follows:
D. IT SHALL BE UNLAWFUL FOR ANY PERSON OTHER THAN A BONA FIDE PURCHAS-
ER OF THE VEHICLE IN AN ARMS-LENGTH TRANSACTION, AS DETERMINED IN
ACCORDANCE WITH THE PROCEDURE BELOW, TO REGISTER, REREGISTER, RENEW,
REPLACE OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR OTHER
INFORMATION OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION CLASSI-
FICATION OF ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER IS ASSOCI-
ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
TO A PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND THE REGISTRA-
TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
ER'S AGENT MAY IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK AND DENY THE
REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE
REGISTRATION FOR SUCH VEHICLE AND VEHICLE IDENTIFICATION NUMBER UNTIL
S. 8308--A 13 A. 8808--A
THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE COMMIS-
SIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN RESPONDED TO
AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH THE VEHICLE
AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE TOLLING
AUTHORITY. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS PARAGRAPH,
THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY A REGISTRA-
TION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE REGISTRA-
TION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT
WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS
BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE COMMISSIONER
HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION, REREGISTRA-
TION, RENEWAL, REPLACEMENT OR TRANSFER OF REGISTRATION WILL HAVE THE
EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH VEHICLE IDEN-
TIFICATION NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN IN EFFECT UNTIL THE
TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE COMMISSIONER
SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN RESPONDED TO AND
ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH THE VEHICLE AND
THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE TOLLING AUTHORI-
TY. A BONA FIDE PURCHASER IN AN ARMS-LENGTH TRANSACTION, FOR PURPOSES
OF THIS PARAGRAPH, IS A VEHICLE REGISTRATION APPLICANT WHO PROVIDES A
COPY OF THE SIGNED BILL OF SALE OR OTHER SUCH CONTRACT DOCUMENT COVERING
SUCH VEHICLE TO THE COMMISSIONER OR THE COMMISSIONER'S AGENT, WITH THE
NAME AND ADDRESS OF THE SELLER AND PURCHASER, THE PURCHASE DATE, AND THE
PURCHASE PRICE, CLEARLY LEGIBLE. WHERE THE VEHICLE REGISTRATION APPLI-
CANT COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THAT APPLICANT
SHALL BE DEEMED TO BE THE BONA FIDE PURCHASER OF SUCH VEHICLE IN AN
ARMS-LENGTH TRANSACTION FOR PURPOSES OF THIS PARAGRAPH, WHICH VEHICLE
TRANSACTION SHALL NOT BE SUBJECT TO THE DISCRETIONARY VEHICLE IDENTIFI-
CATION NUMBER BLOCK AND DISCRETIONARY REGISTRATION APPLICATION DENIAL
OTHERWISE PROVIDED HEREIN.
§ 6. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-h to read as follows:
4-H. SUSPENSION OF REGISTRATION FOR FAILURE TO COMPLY WITH REMOVING
ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR
OBSCURES NUMBER PLATES OR THE PURCHASE OF NEW NUMBER PLATES. UPON THE
RECEIPT OF A NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL
THAT AN OWNER OF A MOTOR VEHICLE FAILED TO COMPLY WITH SUBDIVISION EIGHT
OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER, THE COMMISSIONER OR HIS OR
HER AGENT MAY SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN THE
VIOLATION AND SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS
THE COMMISSIONER IS ADVISED THAT THE OWNER OF SUCH VEHICLE HAS SATISFIED
THE REQUIREMENTS OF SUCH SUBDIVISION.
§ 7. Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
8. Adjudication of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of liability
or where authorized by an administrative tribunal and all violations
shall be heard and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon the consent of
both parties, in any county within New York city in which the public
authority operates or maintains a facility, and in the same manner as
charges of other regulatory violations of such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. A PUBLIC AUTHORITY WITH BRIDGES, TUNNELS OR HIGHWAYS
UNDER ITS JURISDICTION SHALL HAVE THE POWER TO ENTER JUDGMENTS FOR
S. 8308--A 14 A. 8808--A
UNPAID LIABILITIES FOR A VIOLATION OF TOLL COLLECTION REGULATIONS AND
ENFORCE SUCH JUDGMENTS, WITHOUT COURT PROCEEDINGS, IN THE SAME MANNER AS
THE ENFORCEMENT OF MONEY JUDGMENTS IN CIVIL ACTIONS IN ANY COURT OF
COMPETENT JURISDICTION OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF
CIVIL JUDGMENT WITHIN THE STATE OF NEW YORK.
§ 8. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made on or before such date.
PART D
Section 1. Section 1704-a of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
5. (A) ANY PERSON WHO, IN CONNECTION WITH ANY ELIGIBILITY PROCESS FOR
OR USE OF TOLL CREDITS, DISCOUNTS, OR EXEMPTIONS, KNOWINGLY MAKES A
FALSE STATEMENT OR FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OR
RECORDS FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR
EXEMPTION FROM A CENTRAL BUSINESS DISTRICT TOLL, SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
(B) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
NESS DISTRICT TOLLS WITH A TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS
SHALL BE GUILTY OF A CLASS E FELONY.
(C) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
NESS DISTRICT TOLLS WITH A TOTAL VALUE IN EXCESS OF THREE THOUSAND
DOLLARS SHALL BE GUILTY OF A CLASS D FELONY.
§ 2. The public authorities law is amended by adding a new section
553-1 to read as follows:
§ 553-L. FRAUDULENTLY OBTAINING CREDIT, DISCOUNT, OR EXEMPTION FROM A
TOLL. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY PERSON
WHO, IN CONNECTION WITH ANY ELIGIBILITY PROCESS FOR OR USE OF TOLL CRED-
ITS, DISCOUNTS, OR EXEMPTIONS, KNOWINGLY MAKES A FALSE STATEMENT OR
FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OR RECORDS FOR THE
PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR EXEMPTION FROM
A TOLL CHARGED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
2. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND, AS A
RESULT, RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH A
TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS SHALL BE GUILTY OF A CLASS
E FELONY.
3. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND, AS A
RESULT, RECEIVES CREDIT, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH A
TOTAL VALUE IN EXCESS OF THREE THOUSAND DOLLARS SHALL BE GUILTY OF A
CLASS D FELONY.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
PART E
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
S. 8308--A 15 A. 8808--A
section 1 of part E of chapter 58 of the laws of 2022, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... [55.27] 54.05
Rensselaer ................... [22.96] 22.45
Saratoga ..................... [4.04] 3.95
Schenectady .................. [16.26] 15.90
Montgomery ................... [1.47] 1.44
WARREN ....................... 2.21
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
S. 8308--A 16 A. 8808--A
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
S. 8308--A 17 A. 8808--A
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
S. 8308--A 18 A. 8808--A
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART F
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 1 of part O of chapter 58 of the laws of 2022, 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, [2024] 2026; 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.
§ 2. This act shall take effect immediately.
PART G
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 P of chapter 58 of the laws of 2022, 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,
[2024] 2026; 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, [2024] 2026.
§ 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 P of chapter 58 of the laws of
2022, 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, [2024] 2026.
§ 3. This act shall take effect immediately.
PART H
Section 1. Subdivision 1 of section 312-a of the vehicle and traffic
law, as amended by chapter 781 of the laws of 1983, is amended to read
as follows:
S. 8308--A 19 A. 8808--A
1. Upon issuance of an owner's policy of liability insurance or other
financial security required by this chapter, an insurer shall issue
proof of insurance in accordance with the regulations promulgated by the
commissioner [pursuant to paragraph (b) of subdivision two of section
three hundred thirteen of this article].
§ 2. The vehicle and traffic law is amended by adding a new section
312-b to read as follows:
§ 312-B. ONLINE INSURANCE VERIFICATION SYSTEM OF MOTOR VEHICLE INSUR-
ANCE. 1. THE COMMISSIONER MAY ESTABLISH A SYSTEM FOR THE ONLINE VERIFI-
CATION OF INSURANCE. INFORMATION AVAILABLE IN THE ONLINE INSURANCE
VERIFICATION SYSTEM SHALL BE PROVIDED BY MOTOR VEHICLE INSURERS PURSUANT
TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER, IF HE OR SHE
DETERMINES ESTABLISHMENT OF SUCH SYSTEM WOULD FURTHER THE PURPOSES OF
THIS ARTICLE AS SET FORTH IN SUBDIVISION TWO OF SECTION THREE HUNDRED
TEN OF THIS ARTICLE.
2. THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL INCLUDE, AT A MINI-
MUM, THE ABILITY TO:
(A) SEND REQUESTS TO INSURERS FOR VERIFICATION OF EVIDENCE OF INSUR-
ANCE VIA WEB SERVICES, THROUGH THE INTERNET, OR A SIMILAR PROPRIETARY OR
COMMON CARRIER ELECTRONIC SYSTEM, AS WELL AS RECEIVE FROM INSURERS
VERIFICATION OF EVIDENCE OF INSURANCE IN A FORM AND MANNER AS DETERMINED
BY THE COMMISSIONER;
(B) INCLUDE APPROPRIATE PROVISIONS TO SECURE DATA AGAINST UNAUTHORIZED
ACCESS;
(C) BE UTILIZED FOR VERIFICATION OF THE EVIDENCE OF MANDATORY LIABIL-
ITY INSURANCE COVERAGE AS PRESCRIBED BY THE LAWS OF THE STATE AND SHALL
BE ACCESSIBLE TO AUTHORIZED PERSONNEL OF THE DEPARTMENT, THE COURTS, LAW
ENFORCEMENT AND OTHER ENTITIES AUTHORIZED BY THE STATE AS PERMITTED BY
ANY STATE OR FEDERAL PRIVACY LAWS, AND THE ONLINE INSURANCE VERIFICATION
SYSTEM SHALL BE INTERFACED, WHEREVER APPROPRIATE, WITH EXISTING OR
FUTURE STATE SYSTEMS, IN A FORM AND MANNER AS DETERMINED BY THE COMMIS-
SIONER;
(D) INCLUDE INFORMATION WHICH SHALL ENABLE THE DEPARTMENT TO MAKE
INQUIRIES TO INSURERS FOR EVIDENCE OF INSURANCE INCLUDING BUT NOT LIMIT-
ED TO VEHICLE IDENTIFICATION NUMBERS AND POLICY NUMBERS; AND
(E) RESPOND TO EACH REQUEST FOR INSURANCE INFORMATION WITHIN AN AMOUNT
OF TIME DETERMINED BY THE COMMISSIONER.
THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL BE CAPABLE OF RESPOND-
ING WITHIN THE TIME ESTABLISHED.
3. THE COMMISSIONER, IN CONJUNCTION WITH THE SUPERINTENDENT OF STATE
POLICE AND LOCAL LAW ENFORCEMENT OFFICIALS, SHALL FORMULATE A MEANS TO
ALLOW THE ONLINE INSURANCE VERIFICATION SYSTEM TO BE EASILY ACCESSIBLE
TO ON-DUTY LAW ENFORCEMENT PERSONNEL IN THE PERFORMANCE OF THEIR OFFI-
CIAL DUTIES FOR THE PURPOSE OF VERIFYING WHETHER AN OPERATOR OF A MOTOR
VEHICLE MAINTAINS PROPER INSURANCE COVERAGE AND TO INCREASE COMPLIANCE
WITH THE MOTOR VEHICLE FINANCIAL SECURITY LAWS UNDER THIS ARTICLE AND
ARTICLE EIGHT OF THIS TITLE.
4. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER FROM
CONTRACTING WITH A PRIVATE SECTOR PROVIDER OR PROVIDERS TO IMPLEMENT THE
REQUIREMENTS OF THIS SECTION OR TO ASSIST IN ESTABLISHING AND MAINTAIN-
ING SUCH SYSTEM IN THE STATE.
5. IF IMPLEMENTED, THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL
UNDERGO AN APPROPRIATE TESTING AND PILOT PERIOD OF NOT LESS THAN ONE
YEAR, AFTER WHICH THE COMMISSIONER MAY CERTIFY THAT SUCH SYSTEM IS FULLY
OPERATIONAL.
S. 8308--A 20 A. 8808--A
§ 3. The vehicle and traffic law is amended by adding a new section
312-c to read as follows:
§ 312-C. INSURER RESPONSIBILITIES FOR THE ONLINE INSURANCE VERIFICA-
TION SYSTEM. 1. INSURERS SHALL PROVIDE ACCESS TO MOTOR VEHICLE INSUR-
ANCE POLICY STATUS INFORMATION AS PROVIDED BY, AND CONSISTENT WITH ANY
TIME FRAMES ESTABLISHED BY, ANY RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER.
2. EVERY INSURER THAT IS LICENSED TO ISSUE MOTOR VEHICLE INSURANCE
POLICIES OR IS AUTHORIZED TO DO BUSINESS IN THE STATE SHALL COMPLY WITH
THIS SECTION AND SECTION THREE HUNDRED TWELVE-B OF THIS ARTICLE FOR
VERIFICATION OF EVIDENCE OF VEHICLE INSURANCE FOR EVERY VEHICLE INSURED
BY THAT INSURER IN THE STATE AS REQUIRED BY THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER.
§ 4. Subdivision 2 and paragraphs (a), (b), (c), (d), (f), (g), (h),
and (i) of subdivision 4 of section 313 of the vehicle and traffic law
are REPEALED.
§ 5. The opening paragraph and paragraph (e) of subdivision 4 of
section 313 of the vehicle and traffic law, as amended by chapter 509 of
the laws of 1998, are amended to read as follows:
Notwithstanding any other provision of this article to the contrary,
the commissioner shall establish a pilot program to maintain an up-to-
date insured vehicle identification database to assist in identifying
uninsured motor vehicles. Such databases shall be implemented by the
department pursuant to standards prescribed by the commissioner or an
agent designated by the commissioner which shall seek technical assist-
ance from affected insurers and the New York Automobile Insurance Plan.
This program shall utilize all information collected pursuant to this
section and shall also include the following elements:
[(e)(1)] (A) Either simultaneously or after the up-dated database
system has been established, the commissioner shall develop a computer
indicator that can be imprinted on a vehicle registration sticker or on
a sticker to be affixed to the insured's license plate. Such indicator
system shall enable law enforcement personnel and other authorized
persons when acting in the course of their official duties to access the
department's database so that such persons can ascertain whether a vehi-
cle is properly insured or not insured;
[(2)] (B) Such computer indicator system shall enable authorized
persons in the performance of their official duties to access informa-
tion such as the registrant's name, vehicle identification number, name
of insurer, current status of insurance, vehicle registration number and
other information that the commissioner deems necessary to implement the
provisions of this section. The commissioner in developing such computer
indicator system shall enable authorized persons in the performance of
their official duties to access only such information that is necessary
to detect uninsured motor vehicles or accomplish other goals clearly
established and authorized by law. Such computer indicator system shall
be designed to protect the personal privacy interests of motorists;
§ 6. Subdivision 3 of section 313 of the vehicle and traffic law, as
amended by chapter 781 of the laws of 1983, is amended to read as
follows:
3. A cancellation or termination for which notice is required to be
filed with the commissioner [pursuant to subdivision two of this
section] shall not be effective with respect to persons other than the
named insured and members of the insured's household until the insurer
has filed a notice thereof with the commissioner or until another insur-
ance policy covering the same risk has been procured, except that a
S. 8308--A 21 A. 8808--A
notice filed with the commissioner, in the format prescribed by the
commissioner[, within the period prescribed in subdivision two of this
section] shall be effective as of the date certified therein, regardless
of whether a suspension order is issued pursuant to section three
hundred eighteen of this article. A receipt from the department stating
that a notice of termination has been filed shall be deemed conclusive
evidence of such filing. An insurer shall cooperate with the commission-
er in attempting to identify persons not in compliance with this article
in cases where the information reported by the insurer does not corre-
spond with records maintained by the department.
§ 7. Paragraph (d) of subdivision 3 of section 317 of the vehicle and
traffic law is REPEALED.
§ 8. This act shall take effect immediately; provided, however,
sections one, four, six, and seven of this act shall take effect if and
when the online insurance verification system is installed and fully
operational pursuant to subdivision 5 of section 312-b of the vehicle
and traffic law, as added by section two of this act, as certified by
the Commissioner of the Department of Motor Vehicles. 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 to be made and completed on or before such date.
PART I
Section 1. Paragraphs 26 and 27 of subdivision (a) of section 1642 of
the vehicle and traffic law, paragraph 26 as added and paragraph 27 as
amended by chapter 248 of the laws of 2014, are amended to read as
follows:
26. (a) With respect to highways (which term for the purposes of this
paragraph shall include private roads open to public motor vehicle traf-
fic) in such city, other than state highways maintained by the state on
which the department of transportation shall have established higher or
lower speed limits than the statutory fifty-five miles per hour speed
limit as provided in section sixteen hundred twenty of this title, or on
which the department of transportation shall have designated that such
city shall not establish any maximum speed limit as provided in section
sixteen hundred twenty-four of this title, subject to the limitations
imposed by section sixteen hundred eighty-four of this title, establish-
ment of maximum speed limits at which vehicles may proceed within such
city or within designated areas of such city higher or lower than the
fifty-five miles per hour maximum statutory limit. No such speed limit
applicable throughout such city or within designated areas of such city
shall be established at less than [twenty-five] TWENTY miles per hour,
except that school speed limits may be established at no less than
[fifteen] TEN miles per hour [pursuant to] NOTWITHSTANDING the
provisions of section sixteen hundred forty-three of this article.
(b) A city shall not lower OR RAISE a speed limit by more than five
miles per hour pursuant to this paragraph unless such city provides
written notice and an opportunity to comment to the community board or
community boards established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which the
lower OR HIGHER speed limit shall apply. Such notice may be provided by
electronic mail and shall be provided sixty days prior to the establish-
ment of such lower OR HIGHER speed limit.
27. (a) Establishment of maximum speed limits below [twenty-five]
TWENTY miles per hour at which motor vehicles may proceed on or along
S. 8308--A 22 A. 8808--A
designated highways within such city for the explicit purpose of imple-
menting traffic calming measures as such term is defined herein;
provided, however, that no speed limit shall be set below [fifteen] TEN
miles per hour nor shall such speed limit be established where the traf-
fic calming measure to be implemented consists solely of a traffic
control sign. Establishment of such a speed limit shall, where applica-
ble, be in compliance with the provisions of sections sixteen hundred
twenty-four and sixteen hundred eighty-four of this [chapter] TITLE.
Nothing contained herein shall be deemed to alter or affect the estab-
lishment of school speed limits pursuant to the provisions of section
sixteen hundred forty-three of this article, PROVIDED THAT THE SCHOOL
SPEED LIMIT SET FORTH IN PARAGRAPH TWENTY-SIX OF THIS SUBDIVISION SHALL
APPLY IN ANY CITY TO WHICH THIS SECTION IS APPLICABLE. For the purposes
of this paragraph, "traffic calming measures" shall mean any physical
engineering measure or measures that reduce the negative effects of
motor vehicle use, alter driver behavior and improve conditions for
non-motorized street users such as pedestrians and bicyclists.
(b) Any city establishing maximum speed limits below [twenty-five]
TWENTY miles per hour pursuant to clause (i) of this subparagraph shall
submit a report to the governor, the temporary president of the senate
and the speaker of the assembly on or before March first, two thousand
fifteen and biannually thereafter on the results of using traffic calm-
ing measures and speed limits lower than [twenty-five] TWENTY miles per
hour as authorized by this paragraph. This report shall also be made
available to the public by such city on its website. Such report shall
include, but not be limited to the following:
(i) a description of the designated highways where traffic calming
measures and a lower speed limit were established [and];
(ii) a description of the specific traffic calming measures used and
the maximum speed limit established; and
(iii) a comparison of the aggregate type, number, and severity of
accidents reported on streets on which street calming measures and lower
speed limits were implemented in the year preceding the implementation
of such measures and policies and the year following the implementation
of such measures and policies, to the extent this information is main-
tained by any agency of the state or the city.
§ 2. This act shall take effect immediately.
PART J
Section 1. Section 3 of part FF of chapter 55 of the laws of 2017,
relating to motor vehicles equipped with autonomous vehicle technology,
as amended by section 1 of part J of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 3. This act shall take effect April 1, 2017; provided, however, that
section one of this act shall expire and be deemed repealed April 1,
[2024] 2026.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART K
Section 1. Short title. This act shall be known and may be cited as
the "stretch limousine passenger safety act".
S. 8308--A 23 A. 8808--A
§ 2. Subdivision 9 of section 138 of the transportation law, as
amended by chapter 12 of the laws of 2020, is amended to read as
follows:
9. To maintain and annually update its website to provide information
with regard to each bus operator or motor carrier under subparagraphs
(ii) and (vi) of paragraph a of subdivision two of section one hundred
forty of this article requiring department operating authority that
includes the bus operator's or motor carrier's name, number of
inspections, number of out of service orders, operator identification
number, location and region of operation including place of address,
percentile to which an operator or motor carrier falls with respect to
out of service defects, the number or percentage of out of service
defects where pursuant to the commissioner's regulations no inspection
certificate shall be issued until the defect is repaired and a re-in-
spection is conducted, and the number of serious physical injury or
fatal crashes involving a for-hire vehicle requiring operating authority
pursuant to this article, AND ANY ADDITIONAL PUBLICLY AVAILABLE INFORMA-
TION PROVIDED IN ACCORDANCE WITH THE SAFETY FITNESS STANDARDS ESTAB-
LISHED PURSUANT TO PART THREE HUNDRED EIGHTY-FIVE OF TITLE FORTY-NINE OF
THE CODE OF FEDERAL REGULATIONS.
§ 3. Subparagraph (iii) of paragraph (b) of subdivision 10 of section
138 of the transportation law, as added by chapter 5 of the laws of
2020, is amended to read as follows:
(iii) In consultation and cooperation with the commissioner of motor
vehicles, the commissioner shall report on safety issues reported to
such website, and toll-free hotline and related investigations summariz-
ing (A) the total number of safety issue reports received and the type
of safety issues reported; (B) the total number of safety issue reports
received and the type of safety issues reported where the commissioner
or the commissioner of motor vehicles, as applicable, verified the
information provided; (C) enforcement actions and other responses taken
by the commissioner or the commissioner of motor vehicles, as applica-
ble, to safety issue reports received where the commissioner or the
commissioner of motor vehicles, as applicable, has verified such infor-
mation; and (D) the length of time between the receipt of safety issue
reports from such website, or hotline and enforcement action or other
response by the commissioner or the commissioner of motor vehicles, as
applicable. Such report shall be made publicly available on the depart-
ment's website in a searchable format, [and] shall be published no less
than once annually, AND SHALL COMPARE THE PREVIOUS THREE YEARS OF REPORT
DATA TO THE EXTENT APPLICABLE. Such report may also be included within
the department's annual report submitted pursuant to subdivision thir-
teen of section fourteen of this chapter.
§ 4. Paragraph b of subdivision 9 of section 140 of the transporta-
tion law, as amended by chapter 9 of the laws of 2020, is amended to
read as follows:
b. (i) Whenever [an altered motor vehicle commonly referred to as a
"stretch limousine"] ONE OF THE MOTOR VEHICLES ENUMERATED IN PARAGRAPH A
OF SUBDIVISION TWO OF THIS SECTION has failed an inspection and been
placed out-of-service, the commissioner may direct a police officer or
his or her agent to immediately secure possession of the number plates
of such vehicle and return the same to the commissioner of motor vehi-
cles. The commissioner shall notify the commissioner of motor vehicles
to that effect, and the commissioner of motor vehicles shall thereupon
suspend the registration of such vehicle until such time as the commis-
sioner gives notice that the out-of-service defect has been satisfac-
S. 8308--A 24 A. 8808--A
torily adjusted. Provided, however, that the commissioner shall give
notice and an opportunity to be heard within not more than thirty days
of the suspension. Failure of the holder or of any person possessing
such plates to deliver to the commissioner or his or her agent who
requests the same pursuant to this paragraph shall be a misdemeanor. The
commissioner of motor vehicles 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 paragraph and where the commissioner of motor
vehicles has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this para-
graph. The procedure on any such suspension shall be the same as in the
case of a suspension under the vehicle and traffic law. Operation of
such motor vehicle while under suspension as provided in this subdivi-
sion shall constitute a class A misdemeanor AND SHALL BE PUNISHABLE BY A
FINE OF NOT LESS THAN TEN THOUSAND DOLLARS AND ASSESSED TO THE HOLDER OR
OF ANY PERSON POSSESSING SUCH PLATES FOR EACH OFFENSE COMMITTED, IN
ADDITION TO ANY OTHER FINES, PENALTIES OR ACTIONS TAKEN WITH RESPECT TO
SUCH CONDUCT.
(ii) (a) Upon the seizure of number plates pursuant to subparagraph
(i) of this paragraph, if the out-of-service defect is of a type where
pursuant to the commissioner's regulations no inspection certificate
will be issued until the defect is repaired and a re-inspection is
conducted, or is related to its horn, and the commissioner determines
that allowing the [altered] motor vehicle to leave the inspection area
would be contrary to public safety, the commissioner may: (A) remove or
arrange for the removal of, or may direct any police officer to remove
or arrange for the removal of, the [altered] motor vehicle to a non-
public garage or other place of safety where it shall remain impounded,
subject to the provisions of this section; or (B) immobilize or arrange
for the immobilization of the [altered] motor vehicle on premises owned
or under the control of the owner of such [altered] motor vehicle,
subject to the provisions of this section. The [altered] motor vehicle
shall be entered into the New York statewide police information network
as an impounded or immobilized vehicle and the commissioner shall
promptly notify the owner that the [altered] motor vehicle has been
impounded or immobilized and the reason or reasons for such impoundment
or immobilization, and give such owner an opportunity to be heard within
not more than thirty days of the suspension imposed pursuant to subpara-
graph (i) of this paragraph.
(b) A motor vehicle so impounded or immobilized shall be in the custo-
dy of the commissioner and shall not be released unless the commissioner
is satisfied that repairs have been scheduled or been made to satisfac-
torily adjust such vehicle's out-of-service defect or defects and such
vehicle has been re-inspected.
(c) The commissioner shall provide written notice to the owner or
operator of the service repair shop or impoundment lot informing them
that such impounded vehicle shall not be released without the written
approval of the commissioner. Release of such impounded vehicle without
approval by the commissioner shall be punishable by a fine of up to ten
thousand dollars[;].
§ 5. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 55 to read as follows:
55. STRETCH LIMOUSINE ANTI-INTRUSION PROTECTION. (A) EVERY STRETCH
LIMOUSINE REGISTERED IN THIS STATE SHALL BE EQUIPPED WITH ROLL-OVER
PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS FOR
S. 8308--A 25 A. 8808--A
THE PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS, WITHIN NO LATER
THAN ONE YEAR OF THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
COMMERCIAL ROLL-OVER PROTECTION DEVICES.
(B) FOR THE PURPOSES OF THIS SUBDIVISION "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
§ 6. Subdivision 2 of section 152 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
2. (A) No person or persons shall engage in intrastate transportation
as a contract carrier of passengers by motor vehicle on any highway in
this state, or hold themselves out by advertising or any other means to
provide such transportation, unless there is in force with respect to
such person or persons a permit issued by the commissioner.
(B) NO SUCH PERMIT SHALL BE ISSUED BY THE COMMISSIONER TO ANY SUCH
PERSON OR PERSONS WHO OPERATE ONE OR MORE STRETCH LIMOUSINES WITHOUT
VERIFICATION THAT EACH AND EVERY STRETCH LIMOUSINE IS EQUIPPED WITH A
WINDOW BREAK TOOL, AN OPERATIONAL FIRE EXTINGUISHER, AND SHALL ENSURE
THAT THE DRIVER AND PASSENGER PARTITIONS CAN BE USED FOR EMERGENCY
VEHICULAR EGRESS IF OTHER FORMS OF EGRESS ARE NOT AVAILABLE SUCH AS A
ROOF HATCH.
(C) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER,
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
(II) "WINDOW BREAK TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN EMERGENCY, WHICH
CAN BE SAFELY STORED WHEN NOT IN USE.
§ 7. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 56 to read as follows:
56. STRETCH LIMOUSINE AGE AND MILEAGE PARAMETERS. (A) IT SHALL BE
UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
MOTOR VEHICLE TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S ODOMETER EXCEEDS THREE
HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "STRETCH LIMOUSINE" SHALL
MEAN AN ALTERED MOTOR VEHICLE HAVING A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, COMMONLY REFERRED TO AS A "STRETCH
LIMOUSINE" AND WHICH IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS
FOR COMPENSATION.
(C) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
THE NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE AN INACCURATE
ODOMETER READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH. A MOTOR CARRIER MAY SEEK REVIEW OF THE DETERMINATION TO
ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
(II) THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH LIMOUSINE
S. 8308--A 26 A. 8808--A
INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
ER OF TRANSPORTATION OR DIVISION OF STATE POLICE, WHICHEVER IS MORE
RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
ED MONTHLY MILEAGE.
(III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
A STRETCH LIMOUSINE MAY NOT BE INTRODUCED TO TRANSPORT PASSENGERS FOR
COMPENSATION OR CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION IF A
RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
(IV) A MOTOR CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
THAT THE ODOMETER READING OF A LIMOUSINE DIFFERS FROM THE NUMBER OF
MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
STATUS TO THE COMMISSIONER OR THE DEPARTMENT OF TRANSPORTATION IMME-
DIATELY.
§ 8. Section 509-g of the vehicle and traffic law is amended by adding
a new subdivision 7 to read as follows:
7. IN ADDITION TO ANY OTHER PROVISIONS OF THIS SECTION, IN THE EVENT
THE COMMISSIONER REQUIRES THE PROVISION OF LIVE IN-PERSON PRE-TRIP SAFE-
TY BRIEFINGS, ALL MOTOR CARRIERS SHALL REGULARLY REQUIRE EACH DRIVER WHO
OPERATES ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOU-
SINES" TO DEMONSTRATE THEIR PROFICIENCY IN PROVIDING PRE-TRIP SAFETY
BRIEFINGS REQUIRED PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED
NINE-M OF THIS ARTICLE.
§ 9. Section 509-m of the vehicle and traffic law is amended by adding
a new subdivision 9 to read as follows:
9. (A) ESTABLISH AND REGULARLY UPDATE THE FORM AND CONTENT OF A PRE-
TRIP SAFETY BRIEFING FOR MOTOR CARRIERS THAT OPERATE ALTERED MOTOR VEHI-
CLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES", WHICH OPERATORS SHALL
PROVIDE TO PASSENGERS PRIOR TO TRANSPORTING ANY PERSONS FOR HIRE IN SUCH
STRETCH LIMOUSINE.
(B) THE COMMISSIONER SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPOR-
TATION AND THE DIVISION OF STATE POLICE IN PREPARING THE FORM AND
CONTENT OF SUCH SAFETY BRIEFING, AND MAY ENGAGE ADDITIONAL ENTITIES OR
INDIVIDUALS HE OR SHE DEEMS APPROPRIATE.
§ 10. Section 401 of the vehicle and traffic law is amended by adding
a new subdivision 24 to read as follows:
24. FOR THE PURPOSES OF THIS SECTION, AN ALTERED VEHICLE, COMMONLY
REFERRED TO AS "STRETCH LIMOUSINES", SHALL MEAN A MOTOR VEHICLE THAT HAS
BEEN ALTERED SO AS TO HAVE AN EXTENDED CHASSIS, A LENGTHENED WHEELBASE,
OR AN ELONGATED SEATING AREA. REGISTRATION PLATES FOR SUCH VEHICLES
SHALL BE OF A TYPE AND DESIGN APPROVED BY THE COMMISSIONER.
§ 11. The vehicle and traffic law is amended by adding a new section
397-d to read as follows:
§ 397-D. FOR-HIRE REBUTTABLE PRESUMPTION. FOR THE PURPOSES OF THIS
TITLE AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THERE SHALL BE A
REBUTTABLE PRESUMPTION THAT ANY ALTERED VEHICLE, COMMONLY REFERRED TO AS
A "STRETCH LIMOUSINE", AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
FOUR HUNDRED ONE OF THIS CHAPTER, ANY LIMOUSINE, OR ANY MOTOR VEHICLE
THAT IS CAPABLE OF SEATING NINE OR MORE PERSONS INCLUDING THE DRIVER
WHEN IN USE UPON A PUBLIC HIGHWAY, PRIVATE ROAD OPEN TO PUBLIC MOTOR
VEHICLE TRAFFIC, OR ANY PARKING LOT, IS BEING OPERATED IN A FOR-HIRE
CAPACITY.
§ 12. The vehicle and traffic law is amended by adding two new
sections 115-e and 115-f to read as follows:
§ 115-E. FOR-HIRE. THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS
FOR DIRECT OR INDIRECT COMPENSATION, EXCEPT THAT SUCH TERM SHALL NOT
APPLY TO ARTICLE FORTY-FOUR-B OF THIS CHAPTER.
S. 8308--A 27 A. 8808--A
§ 115-F. FOR-HIRE VEHICLE. A MOTOR VEHICLE USED IN THE BUSINESS OF
CARRYING OR TRANSPORTING PASSENGERS FOR DIRECT OR INDIRECT COMPENSATION,
EXCEPT THAT SUCH TERM SHALL NOT APPLY TO ARTICLE FORTY-FOUR-B OF THIS
CHAPTER.
§ 13. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, or if any federal agency determines in writing
that this act would render New York state ineligible for the receipt of
federal funds, such judgment or written determination shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subdivision, paragraph, section or
part thereof directly involved in the controversy in which such judgment
or written determination shall have been rendered.
§ 14. This act shall take effect immediately; provided, however,
sections two, three, four, eight, nine, eleven, and twelve of this act
shall take effect one year after it shall have become a law; provided
further, however, sections seven and ten of this act shall take effect
two years after it shall have become a law; provided further, however,
section six of this act shall take effect on the one hundred eightieth
day after it shall have become a law; provided further, however, that
sections four, five and six of this act shall be deemed repealed if any
federal agency determines in writing that this act would render New York
state ineligible for the receipt of federal funds or any court of compe-
tent jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation; provided that
the commissioner of motor vehicles or the commissioner of transportation
shall notify the legislative bill drafting commission upon the occur-
rence of any federal agency determining in writing that this act would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that this act would
render New York state out of compliance with federal law or regulation
in order that the commission may maintain an accurate and timely effec-
tive 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 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 L
Section 1. Chapter 882 of the laws of 1953 relating to waterfront
employment and air freight industry regulation is REPEALED.
§ 2. The executive law is amended by adding a new article 19-I to read
as follows:
ARTICLE 19-I
WATERFRONT COMMISSION ACT
SECTION 534. SHORT TITLE.
534-A. LEGISLATIVE FINDINGS AND DECLARATIONS.
534-B. DEFINITIONS.
534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED.
534-D. GENERAL POWERS OF THE COMMISSION.
534-E. DESIGNATION AS AGENT OF THE STATE.
534-F. PIER SUPERINTENDENTS AND HIRING AGENTS.
534-G. STEVEDORES.
S. 8308--A 28 A. 8808--A
534-H. PROHIBITION OF PUBLIC LOADING.
534-I. LONGSHOREMEN'S REGISTER.
534-J. LIST OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECK-
ERS.
534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT.
534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
THE LONGSHOREMEN'S REGISTER; EXCEPTIONS.
534-M. PORT WATCHMEN.
534-N. HEARINGS, DETERMINATIONS AND REVIEW.
534-O. EMPLOYMENT INFORMATION CENTERS.
534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR
LONGSHOREMEN AND CHECKERS; REGISTRATION OF TELECOMMU-
NICATIONS SYSTEM CONTROLLER.
534-Q. CONSTRUCTION OF ACT.
534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR
EMPLOYEES WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES
AND OFFENSES.
534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES.
534-T. DENIAL OF APPLICATIONS.
534-U. REVOCATION OF LICENSES AND REGISTRATIONS.
534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION.
534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS.
534-X. PAYMENT OF ASSESSMENT.
534-Y. TRANSFER OF OFFICERS, EMPLOYEES.
§ 534. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "WATERFRONT COMMISSION ACT".
§ 534-A. LEGISLATIVE FINDINGS AND DECLARATIONS. 1. THE STATE OF NEW
YORK HEREBY FINDS AND DECLARES THAT:
(A) IN 1953, THE CONDITIONS UNDER WHICH WATERFRONT LABOR WAS EMPLOYED
WITHIN THE PORT OF NEW YORK DISTRICT WERE DEPRESSING AND DEGRADING TO
SUCH LABOR, RESULTING FROM THE LACK OF ANY SYSTEMATIC METHOD OF HIRING,
THE LACK OF ADEQUATE INFORMATION AS TO THE AVAILABILITY OF EMPLOYMENT,
CORRUPT HIRING PRACTICES AND THE FACT THAT PERSONS CONDUCTING SUCH
HIRING WERE FREQUENTLY CRIMINALS AND PERSONS NOTORIOUSLY LACKING IN
MORAL CHARACTER AND INTEGRITY AND NEITHER RESPONSIVE OR RESPONSIBLE TO
THE EMPLOYERS NOR TO THE UNCOERCED WILL OF THE MAJORITY OF THE MEMBERS
OF THE LABOR ORGANIZATIONS OF THE EMPLOYEES; THAT AS A RESULT WATERFRONT
LABORERS SUFFERED FROM IRREGULARITY OF EMPLOYMENT, FEAR AND INSECURITY,
INADEQUATE EARNINGS, AN UNDULY HIGH ACCIDENT RATE, SUBJECTION TO BORROW-
ING AT USURIOUS RATES OF INTEREST, EXPLOITATION AND EXTORTION AS THE
PRICE OF SECURING EMPLOYMENT AND A LOSS OF RESPECT FOR THE LAW; THAT NOT
ONLY DID THERE RESULT A DESTRUCTION OF THE DIGNITY OF AN IMPORTANT
SEGMENT OF AMERICAN LABOR, BUT A DIRECT ENCOURAGEMENT OF CRIME WHICH
IMPOSED A LEVY OF GREATLY INCREASED COSTS ON FOOD, FUEL AND OTHER NECES-
SARIES HANDLED IN AND THROUGH THE PORT OF NEW YORK DISTRICT.
(B) MANY OF THESE EVILS RESULTED NOT ONLY FROM THE CAUSES ABOVE
DESCRIBED BUT FROM THE PRACTICES OF PUBLIC LOADERS AT PIERS AND OTHER
WATERFRONT TERMINALS. SUCH PUBLIC LOADERS SERVED NO VALID ECONOMIC
PURPOSE AND OPERATED AS PARASITES EXACTING A HIGH AND UNWARRANTED TOLL
ON THE FLOW OF COMMERCE IN AND THROUGH THE PORT OF NEW YORK DISTRICT,
AND USED FORCE AND ENGAGED IN DISCRIMINATORY AND COERCIVE PRACTICES
INCLUDING EXTORTION AGAINST PERSONS NOT DESIRING TO EMPLOY THEM. THE
STATES OF NEW YORK AND NEW JERSEY FOUND THAT THE FUNCTION OF LOADING AND
UNLOADING TRUCKS AND OTHER LAND VEHICLES AT PIERS AND OTHER WATERFRONT
TERMINALS SHOULD BE PERFORMED, AS IN EVERY OTHER MAJOR AMERICAN PORT,
S. 8308--A 29 A. 8808--A
WITHOUT THE EVILS AND ABUSES OF THE PUBLIC LOADER SYSTEM, AND BY THE
CARRIERS OF FREIGHT BY WATER, STEVEDORES AND OPERATORS OF SUCH PIERS AND
OTHER WATERFRONT TERMINALS OR THE OPERATORS OF SUCH TRUCKS OR OTHER LAND
VEHICLES.
(C) MANY OF THE ABOVE DESCRIBED EVILS ALSO RESULTED FROM THE LACK OF
REGULATION OF THE OCCUPATION OF STEVEDORES, WHO ENGAGED IN CORRUPT PRAC-
TICES TO INDUCE THEIR HIRE BY CARRIERS OF FREIGHT BY WATER AND TO INDUCE
OFFICERS AND REPRESENTATIVES OF LABOR ORGANIZATIONS TO BETRAY THEIR
TRUST TO THE MEMBERS OF SUCH LABOR ORGANIZATIONS.
(D) THE METHOD OF EMPLOYMENT OF LONGSHOREMEN AND PORT WATCHMEN,
COMMONLY KNOWN AS THE "SHAPE-UP", RESULTED IN VICIOUS AND NOTORIOUS
ABUSES, OF WHICH SUCH EMPLOYEES WERE THE PRINCIPAL VICTIMS. THERE WAS
COMPELLING EVIDENCE THAT THE SHAPE-UP PERMITTED AND ENCOURAGED EXTORTION
FROM EMPLOYEES AS THE PRICE OF SECURING OR RETAINING EMPLOYMENT AND
SUBJECTED SUCH EMPLOYEES TO THREATS OF VIOLENCE, UNWILLING JOINDER IN
UNAUTHORIZED LABOR DISTURBANCES AND CRIMINAL ACTIVITIES ON THE WATER-
FRONT. THE SHAPE-UP RESULTED IN A LOSS OF FUNDAMENTAL RIGHTS AND LIBER-
TIES OF LABOR, IMPAIRED THE ECONOMIC STABILITY OF THE PORT OF NEW YORK
DISTRICT AND WEAKENED LAW ENFORCEMENT THEREIN. THE STATES OF NEW YORK
AND NEW JERSEY FOUND THAT THESE PRACTICES AND CONDITIONS MUST BE ELIMI-
NATED TO PREVENT GRAVE INJURY TO THE WELFARE OF WATERFRONT LABORERS AND
OF THE PEOPLE AT LARGE AND THAT THE ELIMINATION OF THE SHAPE-UP AND THE
ESTABLISHMENT OF A SYSTEM OF EMPLOYMENT INFORMATION CENTERS WERE NECES-
SARY TO A SOLUTION FOR THESE PUBLIC PROBLEMS.
(E) THE TWO STATES FOUND THAT THE OCCUPATIONS OF LONGSHOREMEN, STEVE-
DORES, PIER SUPERINTENDENTS, HIRING AGENTS AND PORT WATCHMEN WERE
AFFECTED WITH A PUBLIC INTEREST REQUIRING THEIR REGULATION AND THAT SUCH
REGULATION WAS DEEMED AN EXERCISE OF THE POLICE POWER OF THE TWO STATES
FOR THE PROTECTION OF THE PUBLIC SAFETY, WELFARE, PROSPERITY, HEALTH,
PEACE AND LIVING CONDITIONS OF THE PEOPLE OF THE TWO STATES. THE WATER-
FRONT COMMISSION OF NEW YORK HARBOR ("BI-STATE COMMISSION") WAS FORMED
THROUGH A CONGRESSIONALLY APPROVED COMPACT TO INVESTIGATE, DETER, COMBAT
AND REMEDY CRIMINAL ACTIVITY AND INFLUENCE IN THE PORT AND TO ENSURE
FAIR HIRING AND EMPLOYMENT PRACTICES SO THAT THE PORT AND REGION COULD
GROW AND PROSPER.
(F) THE BI-STATE COMMISSION WORKED TO BREAK THE CYCLE OF CORRUPTION AT
THE PORT, AND EFFECTUATED TRANSFORMATIVE CHANGES ON THE WATERFRONT. ITS
EFFORTS LED TO THE CONVICTION OF ORGANIZED-CRIME MEMBERS AND ASSOCIATES
FOR MURDER, EXTORTION, DRUG TRAFFICKING, THEFT, RACKETEERING, ILLEGAL
GAMBLING, AND LOANSHARKING, AMONG OTHER CRIMES. IN RECENT YEARS, ITS
INVESTIGATIONS LED TO PROSECUTIONS OF UNION OFFICIALS AND MEMBERS OF THE
TRADITIONAL ORGANIZED CRIME FAMILIES WHICH HAVE BEEN FOUND TO CONTROL OR
EXERT SIGNIFICANT INFLUENCE OVER THE UNION OF DOCKWORKERS AND COMMERCIAL
ACTIVITY ON THE WATERFRONT. THE BI-STATE COMMISSION'S INVESTIGATIONS
ALSO LED TO THE EXCLUSION OR REMOVAL FROM THE PORT WORKFORCE OF INDIVID-
UALS WHO WERE CONVICTED OF SERIOUS CRIMES OR WERE ASSOCIATED WITH ORGAN-
IZED CRIME. IT WORKED TO OVERCOME DISCRIMINATION AND OTHER UNFAIR HIRING
PRACTICES AND CONTINUED TO EXTIRPATE CORRUPTION AND RACKETEERING IN THE
PORT OF NEW YORK DISTRICT UNTIL NEW JERSEY'S WITHDRAWAL FROM THE
BI-STATE COMPACT PURSUANT TO CHAPTER 324 OF THE LAWS OF 2017 OF THE
STATE OF NEW JERSEY.
(G) ALTHOUGH LAW ENFORCEMENT'S EFFORTS AGAINST TRADITIONAL ORGANIZED
CRIME INFLUENCE HAVE BEEN SUCCESSFUL, SUCH INFLUENCE REMAINS A SIGNIF-
ICANT THREAT IN THE NEW YORK METROPOLITAN AREA, PARTICULARLY IN THE
PORT. CONTINUED OVERSIGHT IS ESSENTIAL TO ENSURE FAIR AND NONDISCRIMINA-
TORY HIRING PRACTICES, TO ELIMINATE LABOR RACKETEERING AND THE VICTIMI-
S. 8308--A 30 A. 8808--A
ZATION OF LEGITIMATE UNION MEMBERS AND PORT BUSINESSES, AND TO PREVENT
ORGANIZED CRIME FIGURES FROM DIRECTLY OPERATING AT THE CRITICAL POINTS
OF INTERSTATE AND INTERNATIONAL SHIPPING.
§ 534-B. DEFINITIONS. AS USED IN THIS ARTICLE, ALL REFERENCES TO THE
MASCULINE GENDER SHALL BE DEEMED TO INCLUDE ALL GENDERS. THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACT" SHALL MEAN THIS ARTICLE AND RULES OR REGULATIONS LAWFULLY
PROMULGATED THEREUNDER AND SHALL INCLUDE ANY AMENDMENTS OR SUPPLEMENTS
TO THIS ARTICLE TO IMPLEMENT THE PURPOSES THEREOF.
2. "BI-STATE COMMISSION" SHALL MEAN THE WATERFRONT COMMISSION OF NEW
YORK HARBOR ESTABLISHED BY THE STATE OF NEW YORK PURSUANT TO P.L. 1953,
C.882 (NY UNCONSOL. CH.307, S.1) AND BY THE STATE OF NEW JERSEY PURSUANT
TO ITS AGREEMENT THERETO UNDER P.L.1953, C.202 (C.32:23-1 ET SEQ.).
3. "CARRIER OF FREIGHT BY WATER" SHALL MEAN ANY PERSON WHO MAY BE
ENGAGED OR WHO MAY HOLD ONESELF OUT AS WILLING TO BE ENGAGED, WHETHER AS
A COMMON CARRIER, AS A CONTRACT CARRIER OR OTHERWISE (EXCEPT FOR
CARRIAGE OF LIQUID CARGOES IN BULK IN TANK VESSELS DESIGNED FOR USE
EXCLUSIVELY IN SUCH SERVICE OR CARRIAGE BY BARGE OF BULK CARGOES
CONSISTING OF ONLY A SINGLE COMMODITY LOADED OR CARRIED WITHOUT WRAPPERS
OR CONTAINERS AND DELIVERED BY THE CARRIER WITHOUT TRANSPORTATION MARK
OR COUNT) IN THE CARRIAGE OF FREIGHT BY WATER BETWEEN ANY POINT IN THE
PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE SAID DISTRICT.
4. "CONTAINER" SHALL MEAN ANY RECEPTACLE, BOX, CARTON OR CRATE WHICH
IS SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY
USED FOR THE CARRIAGE OF FREIGHT BY A CARRIER OF FREIGHT BY WATER.
5. "CHECKER" SHALL MEAN A LONGSHOREMAN WHO IS EMPLOYED TO ENGAGE IN
DIRECT AND IMMEDIATE CHECKING OF WATERBORNE FREIGHT OR OF THE CUSTODIAL
ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF THE HOURS
WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL PERSONS
EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES.
6. "COMMISSION" SHALL MEAN THE NEW YORK WATERFRONT COMMISSION ESTAB-
LISHED BY SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE.
7. "CAREER OFFENDER" SHALL MEAN A PERSON WHOSE BEHAVIOR IS PURSUED IN
AN OCCUPATIONAL MANNER OR CONTEXT FOR THE PURPOSE OF ECONOMIC GAIN
UTILIZING SUCH METHODS AS ARE DEEMED CRIMINAL VIOLATIONS AGAINST THE
PUBLIC POLICY OF THE STATE OF NEW YORK.
8. "CAREER OFFENDER CARTEL" SHALL MEAN A NUMBER OF CAREER OFFENDERS
ACTING IN CONCERT, AND MAY INCLUDE WHAT IS COMMONLY REFERRED TO AS AN
ORGANIZED CRIME GROUP.
9. "COURT OF THE UNITED STATES" SHALL MEAN ALL COURTS ENUMERATED IN
SECTION FOUR HUNDRED FIFTY-ONE OF TITLE TWENTY-EIGHT OF THE UNITED
STATES CODE AND THE COURTS-MARTIAL OF THE ARMED FORCES OF THE UNITED
STATES.
10. "FREIGHT" SHALL MEAN FREIGHT WHICH HAS BEEN, OR WILL BE, CARRIED
BY OR CONSIGNED FOR CARRIAGE BY A CARRIER OF FREIGHT BY WATER.
11. "HIRING AGENT" SHALL MEAN ANY NATURAL PERSON, WHO ON BEHALF OF A
CARRIER OF FREIGHT BY WATER OR A STEVEDORE OR ANY OTHER PERSON SHALL
SELECT ANY LONGSHOREMAN FOR EMPLOYMENT.
12. "LONGSHOREMAN" SHALL MEAN: (A) A NATURAL PERSON, OTHER THAN A
HIRING AGENT, WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL, EITHER BY A CARRIER OF FREIGHT BY WATER OR BY A STEVEDORE TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON
PIERS OR AT OTHER WATERFRONT TERMINALS; OR
(2) ENGAGE IN DIRECT AND IMMEDIATE CHECKING OF ANY SUCH FREIGHT OR OF
THE CUSTODIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF
S. 8308--A 31 A. 8808--A
THE HOURS WORKED AT PIERS OR OTHER WATERFRONT TERMINALS BY NATURAL
PERSONS EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES; OR
(3) SUPERVISE DIRECTLY AND IMMEDIATELY OTHERS WHO ARE EMPLOYED AS IN
SUBPARAGRAPH ONE OF THIS PARAGRAPH; OR
(4) PHYSICALLY PERFORM LABOR OR SERVICES INCIDENTAL TO THE MOVEMENT OF
WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON PIERS OR AT OTHER
WATERFRONT TERMINALS, INCLUDING, BUT NOT LIMITED TO, CARGO REPAIRMEN,
COOPERS, GENERAL MAINTENANCE MEN, MECHANICAL AND MISCELLANEOUS WORKERS,
HORSE AND CATTLE FITTERS, GRAIN CEILERS AND MARINE CARPENTERS; OR
(B) A NATURAL PERSON, OTHER THAN A HIRING AGENT, WHO IS EMPLOYED FOR
WORK AT A PIER OR OTHER WATERFRONT TERMINAL BY ANY PERSON TO:
(1) PHYSICALLY MOVE WATERBORNE FREIGHT TO OR FROM A BARGE, LIGHTER OR
RAILROAD CAR FOR TRANSFER TO OR FROM A VESSEL OF A CARRIER OF FREIGHT BY
WATER WHICH IS, SHALL BE, OR SHALL HAVE BEEN BERTHED AT THE SAME PIER OR
OTHER WATERFRONT TERMINAL; OR
(2) PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVE-
MENT OF FREIGHT AT A WATERFRONT TERMINAL AS DEFINED IN SUBDIVISION
FIFTEEN OF THIS SECTION.
13. "LONGSHOREMEN'S REGISTER" SHALL MEAN THE REGISTER OF ELIGIBLE
LONGSHOREMEN COMPILED AND MAINTAINED BY THE COMMISSION PURSUANT TO
SECTION FIVE HUNDRED THIRTY-FOUR-I OF THIS ARTICLE.
14. "MARINE TERMINAL" SHALL MEAN AN AREA WHICH INCLUDES PIERS, WHICH
IS USED PRIMARILY FOR THE MOVING, WAREHOUSING, DISTRIBUTING OR PACKING
OF WATERBORNE FREIGHT OR FREIGHT TO OR FROM SUCH PIERS, AND WHICH,
INCLUSIVE OF SUCH PIERS, IS UNDER COMMON OWNERSHIP OR CONTROL.
15. "OTHER WATERFRONT TERMINAL" SHALL INCLUDE:
(A) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER) WHICH
IS LOCATED WITHIN ONE THOUSAND YARDS OF ANY PIER IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE AND WHICH IS USED FOR WATERBORNE FREIGHT IN WHOLE
OR SUBSTANTIAL PART; OR
(B) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER), WHETH-
ER ENCLOSED OR OPEN, WHICH IS LOCATED IN A MARINE TERMINAL IN THE PORT
OF NEW YORK DISTRICT IN THIS STATE AND ANY PART OF WHICH IS USED BY ANY
PERSON TO PERFORM LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE
MOVEMENT OF WATERBORNE FREIGHT OR FREIGHT.
16. "PERSON" SHALL MEAN NOT ONLY A NATURAL PERSON BUT ALSO ANY PART-
NERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION OR ANY OTHER LEGAL
ENTITY BUT SHALL NOT INCLUDE THE UNITED STATES, ANY STATE OR TERRITORY
THEREOF OR ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF
ONE OR MORE OF THE FOREGOING.
17. "PIER" SHALL INCLUDE ANY WHARF, PIER, DOCK OR QUAY.
18. "PIER SUPERINTENDENT" SHALL MEAN ANY NATURAL PERSON OTHER THAN A
LONGSHOREMAN WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
TERMINAL BY A CARRIER OF FREIGHT BY WATER OR A STEVEDORE AND WHOSE WORK
AT SUCH PIER OR OTHER WATERFRONT TERMINAL INCLUDES THE SUPERVISION,
DIRECTLY OR INDIRECTLY, OF THE WORK OF LONGSHOREMEN.
19. "PORT OF NEW YORK DISTRICT" SHALL MEAN THE DISTRICT CREATED BY
ARTICLE II OF THE COMPACT DATED APRIL THIRTIETH, NINETEEN HUNDRED TWEN-
TY-ONE, BETWEEN THE STATES OF NEW YORK AND NEW JERSEY, AUTHORIZED BY
CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NEW YORK OF NINETEEN
HUNDRED TWENTY-ONE AND CHAPTER ONE HUNDRED FIFTY-ONE OF THE LAWS OF NEW
JERSEY OF NINETEEN HUNDRED TWENTY-ONE.
20. "PORT WATCHMAN" SHALL INCLUDE ANY WATCHMAN, GATEMAN, ROUNDSMAN,
DETECTIVE, GUARD, GUARDIAN OR PROTECTOR OF PROPERTY EMPLOYED BY THE
OPERATOR OF ANY PIER OR OTHER WATERFRONT TERMINAL OR BY A CARRIER OF
S. 8308--A 32 A. 8808--A
FREIGHT BY WATER TO PERFORM SERVICES IN SUCH CAPACITY ON ANY PIER OR
OTHER WATERFRONT TERMINAL.
21. THE TERM "SELECT ANY LONGSHOREMAN FOR EMPLOYMENT" IN THE DEFI-
NITION OF A HIRING AGENT IN THIS SECTION SHALL INCLUDE SELECTION OF A
PERSON FOR THE COMMENCEMENT OR CONTINUATION OF EMPLOYMENT AS A LONG-
SHOREMAN, OR THE DENIAL OR TERMINATION OF EMPLOYMENT AS A LONGSHOREMAN.
22. "STEVEDORE" SHALL MEAN:
(A) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH A CARRIER OF FREIGHT BY
WATER, IN MOVING WATERBORNE FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE BY
SUCH CARRIER ON VESSELS OF SUCH CARRIER BERTHED AT PIERS, ON PIERS AT
WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMINALS; OR
(B) A CONTRACTOR ENGAGED FOR COMPENSATION PURSUANT TO A CONTRACT OR
ARRANGEMENT WITH THE UNITED STATES, ANY STATE OR TERRITORY THEREOF, OR
ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF ONE OR MORE
OF THE FOREGOING, IN MOVING FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE
BETWEEN ANY POINT IN THE PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE
SAID DISTRICT ON VESSELS OF SUCH A PUBLIC AGENCY BERTHED AT PIERS, ON
PIERS AT WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMI-
NALS; OR
(C) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY PERSON TO PERFORM LABOR
OR SERVICES INCIDENTAL TO THE MOVEMENT OF WATERBORNE FREIGHT ON VESSELS
BERTHED AT PIERS, ON PIERS OR AT OTHER WATERFRONT TERMINALS, INCLUDING,
BUT NOT LIMITED TO, CARGO STORAGE, CARGO REPAIRING, COOPERING, GENERAL
MAINTENANCE, MECHANICAL AND MISCELLANEOUS WORK, HORSE AND CATTLE
FITTING, GRAIN CEILING, AND MARINE CARPENTRY; OR
(D) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY OTHER PERSON TO PERFORM
LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVEMENT OF FREIGHT
INTO OR OUT OF CONTAINERS (WHICH HAVE BEEN OR WHICH WILL BE CARRIED BY A
CARRIER OF FREIGHT BY WATER) ON VESSELS BERTHED AT PIERS, ON PIERS OR AT
OTHER WATERFRONT TERMINALS.
23. "TERRORIST GROUP" SHALL MEAN A GROUP ASSOCIATED, AFFILIATED OR
FUNDED IN WHOLE OR IN PART BY A TERRORIST ORGANIZATION DESIGNATED BY THE
SECRETARY OF STATE IN ACCORDANCE WITH SECTION TWO HUNDRED NINETEEN OF
THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED FROM TIME TO TIME, OR
ANY OTHER ORGANIZATION WHICH ASSISTS, FUNDS OR ENGAGES IN ACTS OF
TERRORISM AS DEFINED IN THE LAWS OF THE UNITED STATES, OR OF THE STATE
OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, SUBDIVISION ONE OF SECTION
490.05 OF THE PENAL LAW.
24. "WATERBORNE FREIGHT" SHALL MEAN FREIGHT CARRIED BY OR CONSIGNED
FOR CARRIAGE BY CARRIERS OF FREIGHT BY WATER, AND SHALL ALSO INCLUDE
FREIGHT DESCRIBED IN SUBDIVISION FIFTEEN AND PARAGRAPHS (B) AND (D) OF
SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHIPS' STORES, BAGGAGE AND
MAIL CARRIED BY OR CONSIGNED FOR CARRIAGE BY CARRIERS OF FREIGHT BY
WATER.
25. "WITNESS" SHALL MEAN ANY PERSON WHOSE TESTIMONY IS DESIRED IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION
PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED THIRTY-FOUR OF THIS
ARTICLE.
§ 534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED. 1. THERE IS HERE-
BY CREATED THE NEW YORK WATERFRONT COMMISSION, WHICH SHALL BE IN THE
EXECUTIVE DEPARTMENT OF THIS STATE AND MAY REQUEST, RECEIVE, AND UTILIZE
FACILITIES, RESOURCES AND DATA OF ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
S. 8308--A 33 A. 8808--A
TICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT
PROPERLY ITS POWERS AND DUTIES.
2. THE COMMISSION SHALL CONSIST OF THE COMMISSIONER APPOINTED BY THE
GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND SHALL RECEIVE
COMPENSATION TO BE FIXED BY THE GOVERNOR OF THIS STATE. THE TERM OF
OFFICE OF SUCH COMMISSIONER SHALL BE FOR THREE YEARS; PROVIDED, HOWEVER,
THAT A COMMISSIONER SERVING ON THE BI-STATE COMMISSION AT THE TIME OF
ITS DISSOLUTION ON THE SEVENTEENTH OF JULY TWO THOUSAND TWENTY-THREE WHO
WAS APPOINTED BY THE GOVERNOR OF NEW YORK TO SUCH POSITION, MAY SERVE AS
ACTING COMMISSIONER OF THE NEW YORK WATERFRONT COMMISSION UNTIL SUCH
TIME AS A COMMISSIONER IS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
CONSENT OF THE SENATE, PURSUANT TO THIS SUBDIVISION. A COMMISSIONER
SHALL HOLD OFFICE UNTIL THAT COMMISSIONER'S SUCCESSOR HAS BEEN APPOINTED
AND QUALIFIED. VACANCIES IN OFFICE SHALL BE FILLED FOR THE BALANCE OF
THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
3. A COMMISSIONER MAY, BY WRITTEN INSTRUMENT FILED IN THE OFFICE OF
THE COMMISSION, DESIGNATE ANY OFFICER OR EMPLOYEE OF THE COMMISSION TO
ACT IN THAT COMMISSIONER'S PLACE. A VACANCY IN THE OFFICE OF A COMMIS-
SIONER SHALL NOT IMPAIR SUCH DESIGNATION UNTIL THE VACANCY SHALL HAVE
BEEN FILLED.
§ 534-D. GENERAL POWERS OF THE COMMISSION. IN ADDITION TO THE POWERS
AND DUTIES ELSEWHERE PRESCRIBED HEREIN, THE COMMISSION SHALL HAVE THE
POWER:
1. TO SUE AND BE SUED.
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
3. TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY BY GIFT,
PURCHASE, LEASE, LICENSE OR OTHER SIMILAR MANNER, FOR ITS CORPORATE
PURPOSES.
4. TO DETERMINE THE LOCATION, SIZE AND SUITABILITY OF ACCOMMODATIONS
NECESSARY AND DESIRABLE FOR THE ESTABLISHMENT AND MAINTENANCE OF THE
EMPLOYMENT INFORMATION CENTERS PROVIDED IN SECTION FIVE HUNDRED THIRTY-
FOUR-O OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES FOR THE COMMIS-
SION.
5. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
6. TO PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS THE COMMIS-
SION MAY DEEM NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT OR TO
PREVENT THE CIRCUMVENTION OR EVASION THEREOF. AS USED IN THIS ACT,
"REGULATIONS" INCLUDE THOSE RULES AND REGULATIONS OF THE BI-STATE
COMMISSION WHICH SHALL CONTINUE IN EFFECT AS THE RULES AND REGULATIONS
OF THE COMMISSION UNTIL AMENDED, SUPPLEMENTED, OR RESCINDED BY THE
COMMISSION PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT. PREVI-
OUSLY PROMULGATED REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THIS
ACT SHALL BE DEEMED VOID.
7. TO APPOINT SUCH OFFICERS, AGENTS AND EMPLOYEES AS IT MAY DEEM
NECESSARY, PRESCRIBE THEIR POWERS, DUTIES AND QUALIFICATIONS AND FIX
THEIR COMPENSATION AND RETAIN AND EMPLOY COUNSEL AND PRIVATE CONSULTANTS
ON A CONTRACT BASIS OR OTHERWISE.
8. BY ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS, AGENTS
AND EMPLOYEES, TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO COMPEL THE
ATTENDANCE OF WITNESSES AND THE GIVING OF TESTIMONY AND THE PRODUCTION
OF OTHER EVIDENCE.
9. TO HAVE FOR ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS,
AGENTS AND EMPLOYEES, FULL AND FREE ACCESS, INGRESS AND EGRESS TO AND
FROM ALL VESSELS, PIERS AND OTHER WATERFRONT TERMINALS OR OTHER PLACES
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR THE PURPOSES OF
MAKING INSPECTION OR ENFORCING THE PROVISIONS OF THIS ACT; AND NO PERSON
S. 8308--A 34 A. 8808--A
SHALL OBSTRUCT OR IN ANY WAY INTERFERE WITH ANY SUCH COMMISSIONER, OFFI-
CER, EMPLOYEE OR AGENT IN THE MAKING OF SUCH INSPECTION, OR IN THE
ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR IN THE PERFORMANCE OF ANY
OTHER POWER OR DUTY UNDER THIS ACT.
10. TO RECOVER POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
UNDER THIS ACT.
11. TO MAKE INVESTIGATIONS, COLLECT AND COMPILE INFORMATION CONCERNING
WATERFRONT PRACTICES GENERALLY WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND UPON ALL MATTERS RELATING TO THE ACCOMPLISHMENT OF THE
OBJECTIVES OF THIS ACT.
12. TO ADVISE AND CONSULT WITH REPRESENTATIVES OF LABOR AND INDUSTRY
AND WITH PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH THE EFFECTUATION
OF THE PURPOSES OF THIS ACT, UPON ALL MATTERS WHICH THE COMMISSION MAY
DESIRE, INCLUDING BUT NOT LIMITED TO THE FORM AND SUBSTANCE OF RULES AND
REGULATIONS, THE ADMINISTRATION OF THE ACT, MAINTENANCE OF THE
LONGSHOREMEN'S REGISTER, AND ISSUANCE AND REVOCATION OF LICENSES.
13. TO MAKE ANNUAL AND OTHER REPORTS TO THE GOVERNOR AND LEGISLATURE
CONTAINING RECOMMENDATIONS FOR THE IMPROVEMENT OF THE CONDITIONS OF
WATERFRONT LABOR WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR
THE ALLEVIATION OF THE EVILS DESCRIBED IN SECTION FIVE HUNDRED THIRTY-
FOUR-A OF THIS ARTICLE AND FOR THE EFFECTUATION OF THE PURPOSES OF THIS
ACT.
14. TO COOPERATE WITH AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, OR AGENCY OF THIS STATE, OR OF ANY COUNTY OR
MUNICIPALITY THEREOF, SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPER-
LY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER; AND TO REQUEST ANY SUCH
DEPARTMENT, DIVISION, BUREAU, BOARD, COMMISSION, OR AGENCY, WITH THE
CONSENT THEREOF, TO EXECUTE SUCH OF ITS FUNCTIONS AND POWERS, AS THE
PUBLIC INTEREST MAY REQUIRE.
15. TO DESIGNATE OFFICERS, EMPLOYEES AND AGENTS WHO MAY EXERCISE THE
POWERS AND DUTIES OF THE COMMISSION EXCEPT THE POWER TO MAKE RULES AND
REGULATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OFFICERS,
EMPLOYEES AND AGENTS OF THE COMMISSION ESTABLISHED BY THIS ACT MAY BE
APPOINTED OR EMPLOYED WITHOUT REGARD TO THEIR STATE OF RESIDENCE.
16. TO ISSUE TEMPORARY PERMITS AND PERMIT TEMPORARY REGISTRATIONS
UNDER SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE WHICH
SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION NOT IN EXCESS
OF SIX MONTHS.
17. TO REQUIRE ANY APPLICANT FOR A LICENSE OR REGISTRATION OR ANY
PROSPECTIVE LICENSEE TO FURNISH SUCH FACTS AND EVIDENCE AS THE COMMIS-
SION MAY DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE
OR REGISTRATION SHOULD BE GRANTED.
18. IN ANY CASE IN WHICH THE COMMISSION HAS THE POWER TO REVOKE OR
SUSPEND ANY STEVEDORE LICENSE THE COMMISSION SHALL ALSO HAVE THE POWER
TO IMPOSE AS AN ALTERNATIVE TO SUCH REVOCATION OR SUSPENSION, A PENALTY,
WHICH THE LICENSEE MAY ELECT TO PAY TO THE COMMISSION IN LIEU OF THE
REVOCATION OR SUSPENSION. THE MAXIMUM PENALTY SHALL BE FIVE THOUSAND
DOLLARS FOR EACH SEPARATE OFFENSE. THE COMMISSION MAY, FOR GOOD CAUSE
SHOWN, ABATE ALL OR PART OF SUCH PENALTY.
19. TO DESIGNATE ANY OFFICER, AGENT OR EMPLOYEE OF THE COMMISSION TO
BE AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF A PEACE OR
POLICE OFFICER OF THE STATE OF NEW YORK.
20. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SUBDIVISION ONE OF
SECTION FIVE HUNDRED THIRTY-FOUR-V OF THIS ARTICLE.
21. TO REQUIRE ANY APPLICANT FOR REGISTRATION AS A LONGSHOREMAN, ANY
APPLICANT FOR REGISTRATION AS A CHECKER OR ANY APPLICANT FOR REGISTRA-
S. 8308--A 35 A. 8808--A
TION AS A TELECOMMUNICATIONS SYSTEM CONTROLLER AND ANY PERSON WHO IS
SPONSORED FOR A LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY
PERSON WHO IS AN INDIVIDUAL OWNER OF AN APPLICANT STEVEDORE OR ANY
PERSONS WHO ARE INDIVIDUAL PARTNERS OF AN APPLICANT STEVEDORE, OR ANY
OFFICERS, DIRECTORS OR STOCKHOLDERS OWNING FIVE PERCENT OR MORE OF ANY
OF THE STOCK OF AN APPLICANT CORPORATE STEVEDORE OR ANY APPLICANT FOR A
LICENSE AS A PORT WATCHMAN OR ANY OTHER CATEGORY OF APPLICANT FOR REGIS-
TRATION OR LICENSING WITHIN THE COMMISSION'S JURISDICTION TO BE FINGER-
PRINTED BY THE COMMISSION AT THE COST AND EXPENSE OF THE APPLICANT.
22. TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE CRIMINAL
HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND FEDERAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDER-
AL BUREAU OF INVESTIGATION FOR USE IN MAKING THE DETERMINATIONS REQUIRED
BY THIS ACT.
23. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO
REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE COMMISSION TO BE
FINGERPRINTED AND TO EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE
CRIMINAL HISTORY RECORD INFORMATION FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND FEDERAL CRIMINAL HISTORY INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION FOR USE IN THE HIRING OR RETENTION OF
SUCH PERSON.
24. TO COOPERATE WITH A SIMILAR ENTITY ESTABLISHED IN THE STATE OF NEW
JERSEY, TO EXCHANGE INFORMATION ON ANY MATTER PERTINENT TO THE PURPOSES
OF THIS ACT, AND TO ENTER INTO RECIPROCAL AGREEMENTS FOR THE ACCOMPLISH-
MENT OF SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING OBJEC-
TIVES:
(A) TO GIVE RECIPROCAL EFFECT TO ANY REVOCATION, SUSPENSION OR REPRI-
MAND WITH RESPECT TO ANY LICENSEE, AND ANY REPRIMAND OR REMOVAL FROM A
LONGSHOREMEN'S REGISTER;
(B) TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST SUCH
LICENSEE OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR DISCIPLINARY
ACTION IN BOTH STATES; AND
(C) TO PROVIDE THAT LONGSHOREMEN REGISTERED IN EITHER STATE, WHO
PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT INFORMATION CENTER
WITHIN THE OTHER STATE, SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO
HAVE APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
§ 534-E. DESIGNATION AS AGENT OF THE STATE. 1. THE COMMISSION IS HERE-
BY DESIGNATED ON ITS OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
PROVIDED BY THE ACT OF CONGRESS OF THE UNITED STATES, EFFECTIVE JUNE
SIXTH, ONE THOUSAND NINE HUNDRED AND THIRTY-THREE, ENTITLED "AN ACT TO
PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT SYSTEM AND FOR
CO-OPERATION WITH THE STATES IN THE PROMOTION OF SUCH SYSTEM AND FOR
OTHER PURPOSES," AS AMENDED, FOR THE PURPOSE OF OBTAINING SUCH BENEFITS
OF SUCH ACT OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS AUTHORIZED BY
SECTION ONE OF THIS ACT.
2. THE COMMISSION SHALL HAVE ALL POWERS NECESSARY TO COOPERATE WITH
APPROPRIATE OFFICERS OR AGENCIES OF THIS STATE OR THE UNITED STATES, TO
TAKE SUCH STEPS, TO FORMULATE SUCH PLANS, AND TO EXECUTE SUCH PROJECTS
(INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT AND OPERATION OF EMPLOY-
MENT INFORMATION CENTERS) AS MAY BE NECESSARY TO OBTAIN SUCH BENEFITS
FOR THE OPERATIONS OF THE COMMISSION IN ACCOMPLISHING THE PURPOSES OF
THIS ACT.
S. 8308--A 36 A. 8808--A
3. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE PURSUANT TO SAID ACT
OF JUNE SIXTH, NINETEEN HUNDRED THIRTY-THREE, AS AMENDED, IS AUTHORIZED
AND EMPOWERED, UPON THE REQUEST OF THE COMMISSION AND SUBJECT TO ITS
DIRECTION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE COMMIS-
SION BY THE PROVISIONS OF THIS SECTION.
§ 534-F. PIER SUPERINTENDENTS AND HIRING AGENTS. 1. NO PERSON SHALL
ACT AS A PIER SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING OBTAINED FROM THE
COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION, A LICENSE TO ACT
AS SUCH PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND NO
PERSON SHALL EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS A PIER SUPER-
INTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
2. A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
ISSUED ONLY UPON THE WRITTEN APPLICATION, UNDER OATH, OF THE PERSON
PROPOSING TO EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS SUCH PIER SUPER-
INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE LICENSEE AS TO
THE MATTERS CONCERNING THAT PERSON, AND SHALL STATE THE FOLLOWING:
(A) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
(B) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
(C) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE LICENSEE,
INCLUDING THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
PERSON'S EMPLOYERS;
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE PROSPEC-
TIVE LICENSEE; AND
(E) THAT IF A LICENSE IS ISSUED TO THE PROSPECTIVE LICENSEE, THE
APPLICANT WILL EMPLOY SUCH LICENSEE AS PIER SUPERINTENDENT OR HIRING
AGENT, AS THE CASE MAY BE.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE PROSPECTIVE
LICENSEE POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT PARDON, BEEN
CONVICTED BY A COURT OF THE UNITED STATES, OR ANY STATE OR TERRITORY
THEREOF, OF THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT,
TREASON, MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRI-
SONMENT FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEA-
NORS OR OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR
OTHER DANGEROUS WEAPON; MAKING OR POSSESSING BURGLAR'S INSTRUMENTS;
BUYING OR RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A BUILDING;
AIDING AN ESCAPE FROM PRISON; UNLAWFULLY POSSESSING, POSSESSING WITH
INTENT TO DISTRIBUTE, SALE OR DISTRIBUTION OF A CONTROLLED DANGEROUS
SUBSTANCE (CONTROLLED SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE
ANALOG; AND VIOLATION OF THIS ACT. ANY SUCH PROSPECTIVE LICENSEE INELI-
GIBLE FOR A LICENSE BY REASON OF ANY SUCH CONVICTION MAY SUBMIT SATIS-
FACTORY EVIDENCE TO THE COMMISSION THAT SUCH PERSON HAS FOR A PERIOD OF
NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED, AND UP TO
THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT THE GRANT OF
SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS DISCRETION,
ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE
YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT OF ANY FINE
IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE
OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
TERMINATION OF SENTENCE;
(C) IF THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY ADVOCATES THE
DESIRABILITY OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED
S. 8308--A 37 A. 8808--A
STATES BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVO-
CATES SUCH DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH
ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE PROSPECTIVE
LICENSEE POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN
THIS SECTION, THE COMMISSION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE
LICENSEE A LICENSE TO ACT AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE APPLICANT OF THIS
ACTION. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
LICENSEE FOR A LICENSE UNDER THE PROVISIONS OF THIS ARTICLE PENDING
FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT
SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. NO PERSON SHALL BE LICENSED TO ACT AS A PIER SUPERINTENDENT OR
HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT AT A SINGLE PIER OR
OTHER WATERFRONT TERMINAL, BUT NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT IN ANY WAY THE NUMBER OF PIER SUPERINTENDENTS OR
HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
6. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
APPLIED FOR THE PERSON'S LICENSE.
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
WOULD REQUIRE OR PERMIT THE PERSON'S DISQUALIFICATION FROM RECEIVING A
LICENSE UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE, OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE, SALE
OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED
SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED
SUBSTANCE ANALOG);
(E) EMPLOYING, HIRING OR PROCURING ANY PERSON IN VIOLATION OF THIS ACT
OR INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY HERE-
UNDER;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
(H) TRANSFER OR SURRENDER OF POSSESSION OF THE LICENSE TO ANY PERSON
EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ACT;
(J) RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN THE LICENSEE'S EMPLOYER AS CONSIDERATION FOR THE SELECTION OR
RETENTION FOR EMPLOYMENT OF ANY LONGSHOREMAN;
(K) COERCION OF A LONGSHOREMAN BY THREAT OF DISCRIMINATION OR VIOLENCE
OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE SERVICES
OF ANY PERSON;
(L) LENDING ANY MONEY TO OR BORROWING ANY MONEY FROM A LONGSHOREMAN
FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; AND
S. 8308--A 38 A. 8808--A
(M) MEMBERSHIP IN A LABOR ORGANIZATION WHICH REPRESENTS LONGSHOREMEN
OR PORT WATCHMEN; BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIB-
IT PIER SUPERINTENDENTS OR HIRING AGENTS FROM BEING REPRESENTED BY A
LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT ALSO REPRESENT LONG-
SHOREMEN OR PORT WATCHMEN. THE AMERICAN FEDERATION OF LABOR AND CONGRESS
OF INDUSTRIAL ORGANIZATIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS
OR OTHER ORGANIZATION OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR
INDUSTRIAL LABOR ORGANIZATIONS SHALL NOT BE CONSIDERED AN ORGANIZATION
WHICH REPRESENTS LONGSHOREMEN OR PORT WATCHMEN WITHIN THE MEANING OF
THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PORT WATCHMEN.
8. ANY APPLICANT FOR PIER SUPERINTENDENT OR HIRING AGENT INELIGIBLE
FOR A LICENSE BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVI-
SION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTICLE MAY
PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE INELIGI-
BILITY. A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE MADE TO
THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY SECTION FIVE
HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-G. STEVEDORES. 1. NO PERSON SHALL ACT AS A STEVEDORE WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT HAVING FIRST OBTAINED A
LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION,
AND NO PERSON SHALL EMPLOY A STEVEDORE TO PERFORM SERVICES AS SUCH WITH-
IN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS THE STEVEDORE IS
SO LICENSED.
2. ANY PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE SHALL FILE IN THE OFFICE OF THE COMMISSION A
WRITTEN APPLICATION FOR A LICENSE TO ENGAGE IN SUCH OCCUPATION, DULY
SIGNED AND VERIFIED AS FOLLOWS:
(A) IF THE APPLICANT IS A NATURAL PERSON, THE APPLICATION SHALL BE
SIGNED AND VERIFIED BY SUCH PERSON AND IF THE APPLICANT IS A PARTNER-
SHIP, THE APPLICATION SHALL BE SIGNED AND VERIFIED BY EACH NATURAL
PERSON COMPOSING OR INTENDING TO COMPOSE SUCH PARTNERSHIP. THE APPLICA-
TION SHALL STATE THE FULL NAME, AGE, RESIDENCE, BUSINESS ADDRESS, IF
ANY, PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO SIGNING
THE SAME, AND ANY OTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE
COMMISSION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF EACH
NATURAL PERSON SO SIGNING SUCH APPLICATION.
(B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
AND VERIFIED BY THE PRESIDENT, SECRETARY AND TREASURER THEREOF, AND
SHALL SPECIFY THE NAME OF THE CORPORATION, THE DATE AND PLACE OF ITS
INCORPORATION, THE LOCATION OF ITS PRINCIPAL PLACE OF BUSINESS, THE
NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS
OWNING FIVE PERCENT OR MORE OF ANY OF THE STOCK THEREOF, AND OF ALL
OFFICERS, INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS. THE REQUIRE-
MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AS TO A NATURAL PERSON WHO IS
A MEMBER OF A PARTNERSHIP, AND SUCH REQUIREMENTS AS MAY BE SPECIFIED IN
RULES AND REGULATIONS PROMULGATED BY THE COMMISSION, SHALL APPLY TO EACH
SUCH OFFICER OR STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST.
(C) IN THE EVENT OF THE DEATH, RESIGNATION OR REMOVAL OF ANY OFFICER,
AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
FIVE PERCENT OR MORE OF THE STOCK OF THE CORPORATION, THE SECRETARY OF
SUCH CORPORATION SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING TO
THE COMMISSION CERTIFIED BY SAID SECRETARY.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) IF ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN THE APPLICATION
IS NOT THE REAL PARTY IN INTEREST REQUIRED BY SUBDIVISION TWO OF THIS
S. 8308--A 39 A. 8808--A
SECTION TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION OR IF THE PERSON
SO SIGNING OR NAMED IN THE APPLICATION IS AN UNDISCLOSED AGENT OR TRUS-
TEE FOR ANY SUCH REAL PARTY IN INTEREST;
(B) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT AND
ALL MEMBERS, OFFICERS AND STOCKHOLDERS REQUIRED BY SUBDIVISION TWO OF
THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICATION FOR LICENSE
POSSESS GOOD CHARACTER AND INTEGRITY;
(C) UNLESS THE APPLICANT IS EITHER A NATURAL PERSON, PARTNERSHIP OR
CORPORATION;
(D) UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN FORCE
OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
OF FREIGHT BY WATER FOR THE LOADING AND UNLOADING BY THE APPLICANT OF
ONE OR MORE VESSELS OF SUCH CARRIER AT A PIER WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE;
(E) IF THE APPLICANT OR ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY
SUBDIVISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICA-
TION FOR LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY A
COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE. ANY APPLICANT INELIGIBLE FOR A LICENSE BY REASON OF
ANY SUCH CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION
THAT THE PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGIBILITY HAS FOR
A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED
AND UP TO THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT
THE GRANT OF SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS
DISCRETION ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID
PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT
OF ANY FINE IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR
FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE,
COMMUTATION OR TERMINATION OF THE PERSON'S SENTENCE;
(F) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY OFFICER OR EMPLOYEE OF ANY CARRI-
ER OF FREIGHT BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR
UNLAWFUL PURPOSE OR TO INDUCE SUCH PERSON TO PROCURE THE EMPLOYMENT OF
THE APPLICANT BY SUCH CARRIER FOR THE PERFORMANCE OF STEVEDORING
SERVICES;
(G) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID OR GIVEN OR
OFFERED TO PAY OR GIVE TO ANY OFFICER OR REPRESENTATIVE OF A LABOR
ORGANIZATION ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL
PURPOSE OR TO INDUCE SUCH OFFICER OR REPRESENTATIVE TO SUBORDINATE THE
INTERESTS OF SUCH LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT OF
THE AFFAIRS OF SUCH LABOR ORGANIZATION TO THE INTERESTS OF THE APPLI-
CANT.
(H) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
GIVEN OR OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER OF FREIGHT
BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL PURPOSE
OR, WITHOUT THE KNOWLEDGE AND CONSENT OF SUCH CARRIER, TO INDUCE SUCH
AGENT TO PROCURE THE EMPLOYMENT OF THE APPLICANT BY SUCH CARRIER OR ITS
AGENT FOR THE PERFORMANCE OF STEVEDORING SERVICES.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN THIS
S. 8308--A 40 A. 8808--A
SECTION, THE COMMISSION SHALL ISSUE AND DELIVER A LICENSE TO SUCH APPLI-
CANT. THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY APPLICANT FOR
A LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT SHALL BE VALID
FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A STEVEDORE'S LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR
A TERM OF FIVE YEARS OR FRACTION OF SUCH FIVE YEAR PERIOD, AND SHALL
EXPIRE ON THE FIRST DAY OF DECEMBER. IN THE EVENT OF THE DEATH OF THE
LICENSEE, IF A NATURAL PERSON, OR ITS TERMINATION OR DISSOLUTION BY
REASON OF A DEATH OF A PARTNER, IF A PARTNERSHIP, OR IF THE LICENSEE
SHALL CEASE TO BE A PARTY TO ANY CONTRACT OF THE TYPE REQUIRED BY PARA-
GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THE LICENSE SHALL TERMI-
NATE NINETY DAYS AFTER SUCH EVENT OR UPON ITS EXPIRATION DATE, WHICHEVER
SHALL BE SOONER. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR SUCCES-
SIVE FIVE YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS ARE SET
FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION FOR A STEVEDORE'S
LICENSE.
6. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN AN ORIGINAL
APPLICATION FOR A LICENSE:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
DISQUALIFICATION OF THE LICENSEE FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE OR IN
THE CONDUCT OF THE LICENSED ACTIVITY;
(C) FAILURE BY THE LICENSEE TO MAINTAIN A COMPLETE SET OF BOOKS AND
RECORDS CONTAINING A TRUE AND ACCURATE ACCOUNT OF THE LICENSEE'S
RECEIPTS AND DISBURSEMENTS ARISING OUT OF THE LICENSEE'S ACTIVITIES
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(D) FAILURE TO KEEP SAID BOOKS AND RECORDS AVAILABLE DURING BUSINESS
HOURS FOR INSPECTION BY THE COMMISSION AND ITS DULY DESIGNATED REPRESEN-
TATIVES UNTIL THE EXPIRATION OF THE FIFTH CALENDAR YEAR FOLLOWING THE
CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS RECORDED THEREIN;
(E) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H) AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
§ 534-H. PROHIBITION OF PUBLIC LOADING. 1. IT IS UNLAWFUL FOR ANY
PERSON TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES OTHER
THAN RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, FOR A FEE OR OTHER COMPEN-
SATION, OTHER THAN THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
(A) CARRIERS OF FREIGHT BY WATER, BUT ONLY AT PIERS AT WHICH THEIR
VESSELS ARE BERTHED;
(B) OTHER CARRIERS OF FREIGHT (INCLUDING BUT NOT LIMITED TO RAILROADS
AND TRUCKERS), BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO BE
TRANSPORTED BY SUCH CARRIERS;
(C) OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS (INCLUDING RAIL-
ROADS, TRUCK TERMINAL OPERATORS, WAREHOUSEMEN AND OTHER PERSONS), BUT
ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
(D) SHIPPERS OR CONSIGNEES OF FREIGHT, BUT ONLY IN CONNECTION WITH
FREIGHT SHIPPED BY SUCH SHIPPER OR CONSIGNED TO SUCH CONSIGNEE;
(E) STEVEDORES LICENSED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-G OF
THIS ARTICLE, WHETHER OR NOT SUCH WATERBORNE FREIGHT HAS BEEN OR IS TO
S. 8308--A 41 A. 8808--A
BE TRANSPORTED BY A CARRIER OF FREIGHT BY WATER WITH WHICH SUCH STEVE-
DORE SHALL HAVE A CONTRACT OF THE TYPE PRESCRIBED BY PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE.
2. NOTHING IN THIS SECTION CONTAINED SHALL BE DEEMED TO PERMIT ANY
SUCH LOADING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY ANY
SUCH PERSON BY MEANS OF ANY INDEPENDENT CONTRACTOR, OR ANY OTHER AGENT
OTHER THAN AN EMPLOYEE, UNLESS SUCH INDEPENDENT CONTRACTOR IS A PERSON
PERMITTED BY THIS SECTION TO LOAD OR UNLOAD SUCH FREIGHT AT SUCH PLACE
IN THE PERSON'S OWN RIGHT.
§ 534-I. LONGSHOREMEN'S REGISTER. 1. THE COMMISSION SHALL MAINTAIN A
LONGSHOREMEN'S REGISTER IN WHICH SHALL BE INCLUDED ALL QUALIFIED LONG-
SHOREMEN ELIGIBLE, AS PROVIDED, FOR EMPLOYMENT AS SUCH IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE. NO PERSON SHALL ACT AS A LONGSHOREMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS AT THE TIME
SUCH PERSON IS INCLUDED IN THE LONGSHOREMEN'S REGISTER, AND NO PERSON
SHALL EMPLOY ANOTHER TO WORK AS A LONGSHOREMAN WITHIN THE PORT OF NEW
YORK DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH OTHER PERSON IS
INCLUDED IN THE LONGSHOREMEN'S REGISTER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER
SHALL FILE AT SUCH PLACE AND IN SUCH MANNER AS THE COMMISSION SHALL
DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY SUCH PERSON,
SETTING FORTH THE PERSON'S FULL NAME, RESIDENCE ADDRESS, SOCIAL SECURI-
TY NUMBER, AND SUCH FURTHER FACTS AND EVIDENCE AS THE COMMISSION MAY
PRESCRIBE TO ESTABLISH THE IDENTITY OF SUCH PERSON AND THE PERSON'S
CRIMINAL RECORD, IF ANY.
3. THE COMMISSION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
IN THE LONGSHOREMEN'S REGISTER BY A PERSON:
(A) WHO HAS BEEN CONVICTED BY A COURT OF THE UNITED STATES OR ANY
STATE OR TERRITORY THEREOF, WITHOUT SUBSEQUENT PARDON, OF TREASON,
MURDER, MANSLAUGHTER OR OF ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR OF ANY OF THE MISDEMEANORS OR OFFENSES
DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED
THIRTY-FOUR-F OF THIS ARTICLE OR OF ATTEMPT OR CONSPIRACY TO COMMIT ANY
OF SUCH CRIMES;
(B) WHO KNOWINGLY OR WILLINGLY ADVOCATES THE DESIRABILITY OF OVER-
THROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY FORCE OR
VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH DESIR-
ABILITY KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY;
(C) WHOSE PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS IN THE
PORT OF NEW YORK DISTRICT IN THIS STATE IS FOUND BY THE COMMISSION ON
THE BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO
THE PUBLIC PEACE OR SAFETY.
4. UNLESS THE COMMISSION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
THE LONGSHOREMEN'S REGISTER ON A GROUND SET FORTH IN SUBDIVISION THREE
OF THIS SECTION IT SHALL INCLUDE SUCH PERSON IN THE LONGSHOREMEN'S
REGISTER. THE COMMISSION MAY PERMIT TEMPORARY REGISTRATION OF ANY
APPLICANT UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
AN APPLICATION MADE FOR SUCH REGISTRATION. ANY SUCH TEMPORARY REGISTRA-
TION SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY LONGSHOREMAN
REGISTERED UNDER THIS SECTION OR TO REMOVE THAT PERSON FROM THE
LONGSHOREMEN'S REGISTER FOR SUCH PERIOD AS IT DEEMS IN THE PUBLIC INTER-
EST FOR ANY OF ANY FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER
UPON ORIGINAL APPLICATION;
S. 8308--A 42 A. 8808--A
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHOREMEN'S REGISTER;
(C) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER, WITHOUT SATISFACTORY EXPLANATION;
(D) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN REGISTERED UNDER THIS
SECTION OR OF ANOTHER PERSON LICENSED UNDER THIS ACT;
(E) WILLFUL COMMISSION OF OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
(F) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), AND (F)
OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTI-
CLE.
6. WHENEVER, AS A RESULT OF LEGISLATIVE AMENDMENTS TO THIS ACT OR OF A
RULING BY THE COMMISSION, REGISTRATION AS A LONGSHOREMAN IS REQUIRED FOR
ANY PERSON TO CONTINUE EMPLOYMENT, SUCH PERSON SHALL BE REGISTERED AS A
LONGSHOREMAN WITHOUT REGARD TO THE PROVISIONS OF SECTION FIVE HUNDRED
THIRTY-FOUR-K OF THIS ARTICLE, PROVIDED, HOWEVER, THAT SUCH PERSON
SATISFIES ALL THE OTHER REQUIREMENTS OF THIS ACT FOR REGISTRATION AS A
LONGSHOREMAN.
7. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHOREMEN'S REGISTER IF THE HOLDER THEREOF HAS BEEN REMOVED FROM
THE LONGSHOREMEN'S REGISTER.
8. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-J. LIST OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECKERS. 1.
THE COMMISSION SHALL MAINTAIN WITHIN THE LONGSHOREMEN'S REGISTER A LIST
OF ALL QUALIFIED LONGSHOREMEN ELIGIBLE, AS PROVIDED IN THIS SECTION, FOR
EMPLOYMENT AS CHECKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE.
NO PERSON SHALL ACT AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE UNLESS AT THE TIME SUCH PERSON IS INCLUDED IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER, AND NO PERSON SHALL EMPLOY ANOTHER
TO WORK AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE
UNLESS AT THE TIME SUCH OTHER PERSON IS INCLUDED IN THE LONGSHOREMEN'S
REGISTER AS A CHECKER.
2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
A CHECKER SHALL FILE AT ANY SUCH PLACE AND IN SUCH MANNER AS THE COMMIS-
SION SHALL DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY SUCH
PERSON, SETTING FORTH THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, PLACE AND DATE OF BIRTH AND SOCIAL SECU-
RITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE SUCH PERSON WAS EMPLOYED AND THE NAMES OF THAT PERSON'S
EMPLOYERS;
(C) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO PERSON SHALL BE INCLUDED IN THE LONGSHOREMEN'S REGISTER AS A
CHECKER:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
S. 8308--A 43 A. 8808--A
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED
BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF, OF
THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,
MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEANORS OR
OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR ANOTHER
DANGEROUS WEAPON; MAKING OR POSSESSING BURGLAR'S INSTRUMENTS; BUYING OR
RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A BUILDING; AIDING AN
ESCAPE FROM PRISON; UNLAWFULLY POSSESSING, POSSESSING WITH INTENT TO
DISTRIBUTE, SALE OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE
(CONTROLLED SUBSTANCE) OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG
(CONTROLLED SUBSTANCE ANALOG); PETTY LARCENY, WHERE THE EVIDENCE SHOWS
THE PROPERTY WAS STOLEN FROM A VESSEL, PIER OR OTHER WATERFRONT TERMI-
NAL; AND VIOLATION OF THE ACT. ANY SUCH APPLICANT INELIGIBLE FOR INCLU-
SION IN THE LONGSHOREMEN'S REGISTER AS A CHECKER BY REASON OF ANY SUCH
CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION THAT THE
PERSON HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS
PROVIDED IN THIS SECTION, AND UP TO THE TIME OF APPLICATION, SO ACTED
IN A MANNER AS TO WARRANT INCLUSION IN THE LONGSHOREMEN'S REGISTER AS A
CHECKER, IN WHICH EVENT THE COMMISSION MAY, IN ITS DISCRETION, ISSUE AN
ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE YEARS
SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT OF ANY FINE IMPOSED
UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE OF SUCH
PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
TERMINATION OF SUCH PERSON'S SENTENCE;
(C) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS
SECTION, THE COMMISSION SHALL INCLUDE THE APPLICANT IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER. THE COMMISSION MAY PERMIT TEMPO-
RARY REGISTRATION AS A CHECKER TO ANY APPLICANT UNDER THIS SECTION PEND-
ING FINAL ACTION ON AN APPLICATION MADE FOR SUCH REGISTRATION, UNDER
SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, WHICH SHALL
BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION, NOT IN EXCESS OF
SIX MONTHS.
5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
UNDER THIS SECTION OR TO REMOVE SUCH PERSON FROM THE LONGSHOREMEN'S
REGISTER AS A CHECKER FOR SUCH PERIOD OF TIME AS IT DEEMS IN THE PUBLIC
INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
A CHECKER UPON ORIGINAL APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING INCLUSION IN THE
LONGSHOREMEN'S REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGISTERED
ACTIVITY;
(C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
(D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE, SALE
OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED
SUBSTANCE), OR A CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED
SUBSTANCE ANALOG);
S. 8308--A 44 A. 8808--A
(E) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
TERMS OF THIS ACT;
(F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE SUCH OTHER
PERSON TO VIOLATE ANY PROVISION OF THIS ACT OR TO INDUCE ANY PUBLIC
OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY UNDER
THIS ACT;
(G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
(H) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER WITHOUT SATISFACTORY EXPLANATION;
(I) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN OR OF ANOTHER PERSON
LICENSED UNDER THIS ACT.
6. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
THE LONGSHOREMEN'S REGISTER AS A CHECKER IN THE EVENT THAT THE HOLDER
THEREOF HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGISTER AS A CHECKER.
7. ANY APPLICANT INELIGIBLE FOR INCLUSION IN THE LONGSHOREMEN'S REGIS-
TER AS A CHECKER BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
VISION THREE OF THIS SECTION MAY PETITION FOR AND THE COMMISSION MAY
ISSUE AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR AN ORDER TO
REMOVE INELIGIBILITY MAY BE MADE TO THE COMMISSION BEFORE OR AFTER THE
HEARING REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
8. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT IN
ANY WAY ANY RIGHTS OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
FOUR-Q OF THIS ARTICLE.
§ 534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT. 1. THE COMMIS-
SION SHALL, AT REGULAR INTERVALS, REMOVE FROM THE LONGSHOREMEN'S REGIS-
TER ANY PERSON WHO SHALL HAVE BEEN REGISTERED FOR AT LEAST NINE MONTHS
AND WHO SHALL HAVE FAILED DURING THE PRECEDING SIX CALENDAR MONTHS
EITHER TO HAVE WORKED AS A LONGSHOREMAN IN THE PORT OF NEW YORK DISTRICT
OR TO HAVE APPLIED FOR EMPLOYMENT AS A LONGSHOREMAN AT AN EMPLOYMENT
INFORMATION CENTER IN THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM
NUMBER OF DAYS AS SHALL HAVE BEEN ESTABLISHED BY THE COMMISSION PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.
2. ON OR BEFORE EACH SUCCEEDING FIRST DAY OF JUNE OR DECEMBER, THE
COMMISSION SHALL, FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,
ESTABLISH FOR THE SIX-MONTH PERIOD BEGINNING ON EACH SUCH DATE A MINIMUM
NUMBER OF DAYS AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD.
3. IN ESTABLISHING ANY SUCH MINIMUM NUMBER OF DAYS OR PERIOD, THE
COMMISSION SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHOREMEN;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHOREMEN MORE CLOSELY INTO
BALANCE WITH THE DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF
NEW YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE
LONGSHOREMEN BELOW THAT NECESSARY TO MEET THE REQUIREMENTS OF LONGSHORE-
MEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
(C) TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES AFFECTING LONG-
SHOREMEN AND WATERBORNE COMMERCE IN THE PORT OF NEW YORK DISTRICT IN
THIS STATE; AND
(D) TO ELIMINATE UNLAWFUL PRACTICES INJURIOUS TO WATERFRONT LABOR.
4. A LONGSHOREMAN WHO HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGIS-
TER PURSUANT TO THIS SECTION MAY SEEK REINSTATEMENT UPON FULFILLING THE
SAME REQUIREMENTS AS FOR INITIAL INCLUSION IN THE LONGSHOREMEN'S REGIS-
S. 8308--A 45 A. 8808--A
TER, BUT NOT BEFORE THE EXPIRATION OF ONE YEAR FROM THE DATE OF REMOVAL,
EXCEPT THAT IMMEDIATE REINSTATEMENT SHALL BE MADE UPON PROPER SHOWING
THAT THE REGISTRANT'S FAILURE TO WORK OR APPLY FOR WORK THE MINIMUM
NUMBER OF DAYS ABOVE DESCRIBED WAS CAUSED BY THE FACT THAT THE REGIS-
TRANT WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS
INCAPACITATED BY ILL HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
SHALL AT ANY TIME HAVE THE POWER TO REGISTER LONGSHOREMEN ON A TEMPORARY
BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE COMMIS-
SION SHALL HAVE THE POWER TO REMOVE FROM THE LONGSHOREMEN'S REGISTER ANY
PERSON (INCLUDING THOSE PERSONS REGISTERED AS LONGSHOREMEN FOR LESS THAN
NINE MONTHS) WHO SHALL HAVE FAILED TO HAVE WORKED AS A LONGSHOREMAN IN
THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM NUMBER OF DAYS DURING A
PERIOD OF TIME AS SHALL HAVE BEEN ESTABLISHED BY THE COMMISSION. IN
ADMINISTERING THIS SECTION, THE COMMISSION, IN ITS DISCRETION, MAY COUNT
APPLICATIONS FOR EMPLOYMENT AS A LONGSHOREMAN AT AN EMPLOYMENT INFORMA-
TION CENTER ESTABLISHED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-O OF THIS
ARTICLE AS CONSTITUTING ACTUAL WORK AS A LONGSHOREMAN, PROVIDED, HOWEV-
ER, THAT THE COMMISSION SHALL COUNT AS ACTUAL WORK THE COMPENSATION
RECEIVED BY ANY LONGSHOREMAN PURSUANT TO THE GUARANTEED WAGE PROVISIONS
OF ANY COLLECTIVE BARGAINING AGREEMENT RELATING TO LONGSHOREMEN. PRIOR
TO THE COMMENCEMENT OF ANY PERIOD OF TIME ESTABLISHED BY THE COMMISSION
PURSUANT TO THIS SECTION, THE COMMISSION SHALL ESTABLISH FOR SUCH PERIOD
THE MINIMUM NUMBER OF DAYS OF WORK REQUIRED AND THE DISTRIBUTION OF SUCH
DAYS DURING SUCH PERIOD AND SHALL ALSO DETERMINE WHETHER OR NOT APPLICA-
TION FOR EMPLOYMENT AS A LONGSHOREMAN SHALL BE COUNTED AS CONSTITUTING
ACTUAL WORK AS A LONGSHOREMAN. THE COMMISSION MAY CLASSIFY LONGSHOREMEN
ACCORDING TO LENGTH OF SERVICE AS A LONGSHOREMAN AND SUCH OTHER CRITERIA
AS MAY BE REASONABLE AND NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ACT. THE COMMISSION SHALL HAVE THE POWER TO VARY THE REQUIREMENTS OF
THIS SECTION WITH RESPECT TO THEIR APPLICATION TO THE VARIOUS CLASSI-
FICATIONS OF LONGSHOREMEN. IN ADMINISTERING THIS SECTION, THE COMMISSION
SHALL OBSERVE THE STANDARDS SET FORTH IN SECTION FIVE HUNDRED THIRTY-
FOUR-L OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
MODIFY, LIMIT OR RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY
SECTION FIVE HUNDRED THIRTY-FOUR-Q OF THIS ARTICLE.
§ 534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER; EXCEPTIONS. 1. THE COMMISSION SHALL SUSPEND THE
ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER
UPON THE EFFECTIVE DATE OF THE ACT. THE COMMISSION SHALL THEREAFTER HAVE
THE POWER TO MAKE DETERMINATIONS TO SUSPEND THE ACCEPTANCE OF APPLICA-
TIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER FOR SUCH PERIODS OF
TIME AS THE COMMISSION MAY FROM TIME TO TIME ESTABLISH AND, AFTER ANY
SUCH PERIOD OF SUSPENSION, THE COMMISSION SHALL HAVE THE POWER TO MAKE
DETERMINATIONS TO ACCEPT APPLICATIONS FOR SUCH PERIOD OF TIME AS THE
COMMISSION MAY ESTABLISH OR IN SUCH NUMBER AS THE COMMISSION MAY DETER-
MINE, OR BOTH. SUCH DETERMINATIONS TO SUSPEND OR ACCEPT APPLICATIONS
SHALL BE MADE BY THE COMMISSION: (A) ON ITS OWN INITIATIVE; OR (B) UPON
THE JOINT RECOMMENDATION IN WRITING OF STEVEDORES AND OTHER EMPLOYERS OF
LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, ACTING
THROUGH THEIR REPRESENTATIVE FOR THE PURPOSE OF COLLECTIVE BARGAINING
WITH A LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN IN SUCH
DISTRICT AND SUCH LABOR ORGANIZATION; OR (C) UPON THE PETITION IN WRIT-
ING OF A STEVEDORE OR ANOTHER EMPLOYER OF LONGSHOREMEN IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE WHICH DOES NOT HAVE A REPRESENTATIVE FOR
S. 8308--A 46 A. 8808--A
THE PURPOSE OF COLLECTIVE BARGAINING WITH A LABOR ORGANIZATION REPRES-
ENTING SUCH LONGSHOREMEN. THE COMMISSION SHALL HAVE THE POWER TO ACCEPT
OR REJECT SUCH JOINT RECOMMENDATION OR PETITION. ALL JOINT RECOMMENDA-
TIONS OR PETITIONS FILED FOR THE ACCEPTANCE OF APPLICATIONS WITH THE
COMMISSION FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER SHALL INCLUDE:
(I) THE NUMBER OF EMPLOYEES REQUESTED;
(II) THE CATEGORY OR CATEGORIES OF EMPLOYEES REQUESTED;
(III) A DETAILED STATEMENT SETTING FORTH THE REASONS FOR SUCH JOINT
RECOMMENDATION OR PETITION;
(IV) IN CASES WHERE A JOINT RECOMMENDATION IS MADE UNDER THIS SECTION,
THE COLLECTIVE BARGAINING REPRESENTATIVE OF STEVEDORES AND OTHER EMPLOY-
ERS OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND
THE LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN SHALL PROVIDE THE
ALLOCATION OF THE NUMBER OF PERSONS TO BE SPONSORED BY EACH EMPLOYER OF
LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE; AND
(V) ANY OTHER INFORMATION REQUESTED BY THE COMMISSION.
2. IN ADMINISTERING THE PROVISIONS OF THIS SECTION, THE COMMISSION
SHALL OBSERVE THE FOLLOWING STANDARDS:
(A) TO ENCOURAGE AS FAR AS PRACTICABLE THE REGULARIZATION OF THE
EMPLOYMENT OF LONGSHOREMEN;
(B) TO BRING THE NUMBER OF ELIGIBLE LONGSHOREMEN INTO BALANCE WITH THE
DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF NEW YORK DISTRICT
IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE LONGSHOREMEN BELOW
THAT NECESSARY TO MEET THE REQUIREMENTS OF LONGSHOREMEN IN THE PORT OF
NEW YORK DISTRICT IN THIS STATE;
(C) TO ENCOURAGE THE MOBILITY AND FULL UTILIZATION OF THE EXISTING
WORK FORCE OF LONGSHOREMEN;
(D) TO PROTECT THE JOB SECURITY OF THE EXISTING WORK FORCE OF LONG-
SHOREMEN BY CONSIDERING THE WAGES AND EMPLOYMENT BENEFITS OF PROSPECTIVE
REGISTRANTS;
(E) TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES INJURIOUS TO
WATERFRONT LABOR AND WATERBORNE COMMERCE IN THE PORT OF NEW YORK
DISTRICT IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THOSE OPPRESSIVE
AND EVIL HIRING PRACTICES THAT MAY RESULT FROM EITHER A SURPLUS OR SHOR-
TAGE OF WATERFRONT LABOR;
(F) TO CONSIDER THE EFFECT OF TECHNOLOGICAL CHANGE AND AUTOMATION AND
SUCH OTHER ECONOMIC DATA AND FACTS AS ARE RELEVANT TO A PROPER DETERMI-
NATION; AND
(G) TO PROTECT THE PUBLIC INTEREST OF THE PORT OF NEW YORK DISTRICT IN
THIS STATE.
3. (A) IN OBSERVING THE FOREGOING STANDARDS AND BEFORE DETERMINING TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S
REGISTER, THE COMMISSION SHALL CONSULT WITH AND CONSIDER THE VIEWS OF,
INCLUDING ANY STATISTICAL DATA OR OTHER FACTUAL INFORMATION CONCERNING
THE SIZE OF THE LONGSHOREMEN'S REGISTER SUBMITTED BY, CARRIERS OF
FREIGHT BY WATER, STEVEDORES, WATERFRONT TERMINAL OWNERS AND OPERATORS,
ANY LABOR ORGANIZATION REPRESENTING EMPLOYEES REGISTERED BY THE COMMIS-
SION, AND ANY OTHER PERSON WHOSE INTERESTS MAY BE AFFECTED BY THE SIZE
OF THE LONGSHOREMEN'S REGISTER.
(B) ANY JOINT RECOMMENDATION OR PETITION GRANTED HEREUNDER SHALL BE
SUBJECT TO SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE.
4. ANY DETERMINATION BY THE COMMISSION PURSUANT TO THIS SECTION TO
SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S
REGISTER SHALL BE MADE UPON A RECORD, SHALL NOT BECOME EFFECTIVE UNTIL
FIVE DAYS AFTER NOTICE THEREOF TO THE COLLECTIVE BARGAINING REPRESEN-
TATIVE OF STEVEDORES AND OTHER EMPLOYERS OF LONGSHOREMEN IN THE PORT OF
S. 8308--A 47 A. 8808--A
NEW YORK DISTRICT IN THIS STATE AND TO THE LABOR ORGANIZATION REPRESENT-
ING SUCH LONGSHOREMEN AND/OR THE PETITIONING STEVEDORE OR OTHER EMPLOYER
OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND SHALL
BE SUBJECT TO JUDICIAL REVIEW FOR BEING ARBITRARY, CAPRICIOUS, AND AN
ABUSE OF DISCRETION IN A PROCEEDING JOINTLY INSTITUTED BY SUCH REPRESEN-
TATIVE AND SUCH LABOR ORGANIZATION AND/OR BY THE PETITIONING STEVEDORE
OR OTHER EMPLOYER OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN
THIS STATE. SUCH JUDICIAL REVIEW PROCEEDING MAY BE INSTITUTED IN THE
MANNER PROVIDED BY THE LAW OF THIS STATE FOR REVIEW OF THE FINAL DECI-
SION OR ACTION OF ADMINISTRATIVE AGENCIES OF THIS STATE, PROVIDED,
HOWEVER, THAT SUCH PROCEEDING SHALL BE DECIDED DIRECTLY BY THE APPELLATE
DIVISION AS THE COURT OF FIRST INSTANCE (TO WHICH THE PROCEEDING SHALL
BE TRANSFERRED BY ORDER OF TRANSFER BY THE SUPREME COURT IN THE STATE OF
NEW YORK BY NOTICE OF APPEAL FROM THE COMMISSION'S DETERMINATION) AND
PROVIDED FURTHER THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS
STATE NO COURT SHALL HAVE POWER TO STAY THE COMMISSION'S DETERMINATION
PRIOR TO FINAL JUDICIAL DECISION FOR MORE THAN FIFTEEN DAYS. IN THE
EVENT THAT THE COURT ENTERS A FINAL ORDER SETTING ASIDE THE DETERMI-
NATION BY THE COMMISSION TO ACCEPT APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, THE REGISTRATION OF ANY LONGSHOREMEN INCLUDED
IN THE LONGSHOREMEN'S REGISTER AS A RESULT OF SUCH DETERMINATION BY THE
COMMISSION SHALL BE CANCELLED.
5. THIS SECTION SHALL APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ACT, PROVIDED HOWEVER, SUCH SECTION SHALL NOT IN ANY WAY LIMIT OR
RESTRICT THE PROVISIONS OF THIS SUBDIVISION EMPOWERING THE COMMISSION TO
REGISTER LONGSHOREMEN ON A TEMPORARY BASIS TO MEET SPECIAL OR EMERGENCY
NEEDS OR THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED
THIRTY-FOUR-K OF THIS ARTICLE RELATING TO THE IMMEDIATE REINSTATEMENT OF
PERSONS REMOVED FROM THE LONGSHOREMEN'S REGISTER PURSUANT TO THIS
SECTION.
6. UPON THE GRANTING OF ANY JOINT RECOMMENDATION OR PETITION UNDER
THIS SECTION FOR THE ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, THE COMMISSION SHALL ACCEPT APPLICATIONS UPON
WRITTEN SPONSORSHIP FROM THE PROSPECTIVE EMPLOYER OF LONGSHOREMEN. THE
SPONSORING EMPLOYER SHALL FURNISH THE COMMISSION WITH THE NAME, ADDRESS
AND SUCH OTHER IDENTIFYING OR CATEGORY INFORMATION AS THE COMMISSION MAY
PRESCRIBE FOR ANY PERSON SO SPONSORED. THE SPONSORING EMPLOYER SHALL
CERTIFY THAT THE SELECTION OF THE PERSONS SO SPONSORED WAS MADE IN A
FAIR AND NON-DISCRIMINATORY BASIS IN ACCORDANCE WITH THE REQUIREMENTS OF
THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK DEALING WITH
EQUAL EMPLOYMENT OPPORTUNITIES. NOTWITHSTANDING ANY OF THE FOREGOING,
WHERE THE COMMISSION DETERMINES TO ACCEPT APPLICATIONS FOR INCLUSION IN
THE LONGSHOREMEN'S REGISTER ON ITS OWN INITIATIVE, SUCH ACCEPTANCE SHALL
BE ACCOMPLISHED IN SUCH MANNER DEEMED APPROPRIATE BY THE COMMISSION.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
MAY INCLUDE IN THE LONGSHOREMEN'S REGISTER UNDER SUCH TERMS AND CONDI-
TIONS AS THE COMMISSION MAY PRESCRIBE:
(A) A PERSON ISSUED REGISTRATION ON A TEMPORARY BASIS TO MEET SPECIAL
OR EMERGENCY NEEDS WHO IS STILL SO REGISTERED BY THE COMMISSION; AND
(B) A PERSON DEFINED AS A LONGSHOREMAN IN SUBPARAGRAPH FOUR OF PARA-
GRAPH (A), OR PARAGRAPH (B) OF SUBDIVISION TWELVE OF SECTION FIVE
HUNDRED THIRTY-FOUR-B OF THIS ARTICLE WHO IS EMPLOYED BY A STEVEDORE
DEFINED IN PARAGRAPH (C) OR (D) OF SUBDIVISION TWENTY-TWO OF SECTION
FIVE HUNDRED THIRTY-FOUR-B OF THIS ARTICLE AND WHOSE EMPLOYMENT IS NOT
SUBJECT TO THE GUARANTEED ANNUAL INCOME PROVISIONS OF ANY COLLECTIVE
BARGAINING AGREEMENT RELATING TO LONGSHOREMEN.
S. 8308--A 48 A. 8808--A
8. THE COMMISSION MAY INCLUDE IN THE LONGSHOREMEN'S REGISTER, UNDER
SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, PERSONS
ISSUED REGISTRATION ON A TEMPORARY BASIS AS A LONGSHOREMAN OR A CHECKER
TO MEET SPECIAL OR EMERGENCY NEEDS AND WHO ARE STILL SO REGISTERED BY
THE COMMISSION UPON THE ENACTMENT OF THIS ACT.
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR
RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE HUNDRED
THIRTY-FOUR-Q OF THIS ARTICLE.
§ 534-M. PORT WATCHMEN. 1. NO PERSON SHALL ACT AS A PORT WATCHMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING
OBTAINED A LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE
COMMISSION, AND NO PERSON SHALL EMPLOY A PORT WATCHMAN WHO IS NOT SO
LICENSED.
2. A LICENSE TO ACT AS A PORT WATCHMAN SHALL BE ISSUED ONLY UPON WRIT-
TEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
(A) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
(B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE PERSON'S
EMPLOYERS;
(C) THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A NATURAL-
IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
AND
(D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
CANT.
3. NO SUCH LICENSE SHALL BE GRANTED:
(A) UNLESS THE COMMISSION SHALL BE SATISFIED THAT THE APPLICANT
POSSESSES GOOD CHARACTER AND INTEGRITY;
(B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE;
(C) UNLESS THE APPLICANT SHALL MEET SUCH REASONABLE STANDARDS OF PHYS-
ICAL AND MENTAL FITNESS FOR THE DISCHARGE OF A PORT WATCHMEN'S DUTIES AS
MAY FROM TIME TO TIME BE ESTABLISHED BY THE COMMISSION;
(D) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
REPRESENTS LONGSHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS; BUT
NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT PORT WATCHMEN FROM
BEING REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT
ALSO REPRESENT LONGSHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS.
THE AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS OR OTHER ORGANIZATION
OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR INDUSTRIAL LABOR ORGANIZA-
TIONS SHALL NOT BE CONSIDERED AN ORGANIZATION WHICH REPRESENTS LONG-
SHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS WITHIN THE MEANING OF
THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PIER SUPERINTENDENTS OR
HIRING AGENTS;
(E) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY
FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
S. 8308--A 49 A. 8808--A
4. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND SUCH FURTHER
INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
WHEN THE COMMISSION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT
POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION
AND REGULATIONS ISSUED PURSUANT THERETO, THE COMMISSION SHALL ISSUE AND
DELIVER A LICENSE TO THE APPLICANT. THE COMMISSION MAY ISSUE A TEMPORARY
PERMIT TO ANY APPLICANT FOR A LICENSE UNDER THE PROVISIONS OF THIS
SECTION PENDING FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.
ANY SUCH PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
5. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE FOR A
TERM OF THREE YEARS. A LICENSE MAY BE RENEWED BY THE COMMISSION FOR
SUCCESSIVE THREE-YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS
SET FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION.
6. NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SECTION, A LICENSE
TO ACT AS A PORT WATCHMAN SHALL CONTINUE AND NEED NOT BE RENEWED,
PROVIDED THE LICENSEE SHALL, AS REQUIRED BY THE COMMISSION:
(A) SUBMIT TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL AND MENTAL
FITNESS STANDARDS ESTABLISHED BY THE COMMISSION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION THREE OF THIS SECTION;
(B) COMPLETE A REFRESHER COURSE OF TRAINING; AND
(C) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
7. ANY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE REVOKED OR
SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
OFFENSES:
(A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
THE PERSON'S DISQUALIFICATION FROM RECEIVING A LICENSE UPON ORIGINAL
APPLICATION;
(B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE; AND
(C) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
(H), AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
OF THIS ARTICLE.
8. THE COMMISSION SHALL, AT REGULAR INTERVALS, CANCEL THE LICENSE OR
TEMPORARY PERMIT OF A PORT WATCHMAN WHO SHALL HAVE FAILED DURING THE
PRECEDING TWELVE MONTHS TO HAVE WORKED AS A PORT WATCHMAN IN THE PORT OF
NEW YORK DISTRICT A MINIMUM NUMBER OF HOURS AS SHALL HAVE BEEN ESTAB-
LISHED BY THE COMMISSION, EXCEPT THAT IMMEDIATE RESTORATION OF SUCH
LICENSE OR TEMPORARY PERMIT SHALL BE MADE UPON PROPER SHOWING THAT THE
FAILURE TO SO WORK WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMITTEE
WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS INCAPAC-
ITATED BY ILL HEALTH, PHYSICAL INJURY OR OTHER GOOD CAUSE.
9. ANY APPLICANT FOR PORT WATCHMAN INELIGIBLE FOR A LICENSE BY REASON
OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION
MAY PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE
INELIGIBILITY. A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE
MADE TO THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY SECTION
FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
§ 534-N. HEARINGS, DETERMINATIONS AND REVIEW. 1. THE COMMISSION SHALL
NOT DENY ANY APPLICATION FOR A LICENSE OR REGISTRATION WITHOUT GIVING
THE APPLICANT OR PROSPECTIVE LICENSEE REASONABLE PRIOR NOTICE AND AN
OPPORTUNITY TO BE HEARD BY THE COMMISSION.
2. ANY APPLICATION FOR A LICENSE OR FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER, AND ANY LICENSE ISSUED OR REGISTRATION MADE,
MAY BE DENIED, REVOKED, OR SUSPENDED ONLY IN THE MANNER PRESCRIBED IN
THIS SECTION.
S. 8308--A 50 A. 8808--A
3. THE COMMISSION MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY
PERSON, INCLUDING ANY PUBLIC OFFICIAL OR AGENCY, INSTITUTE PROCEEDINGS
TO REVOKE OR SUSPEND ANY LICENSE OR REGISTRATION AFTER A HEARING AT
WHICH THE LICENSEE OR REGISTRANT AND ANY PERSON MAKING SUCH COMPLAINT
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD, PROVIDED THAT ANY ORDER OF
THE COMMISSION REVOKING OR SUSPENDING ANY LICENSE OR REGISTRATION SHALL
NOT BECOME EFFECTIVE UNTIL FIFTEEN DAYS SUBSEQUENT TO THE SERVING OF
NOTICE THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN THE OPINION OF
THE COMMISSION THE CONTINUANCE OF THE LICENSE OR REGISTRATION FOR SUCH
PERIOD WOULD BE INIMICAL TO THE PUBLIC PEACE OR SAFETY. SUCH HEARINGS
SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE COMMISSION, BUT SUCH NOTICE SHALL BE OF NOT LESS
THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
4. PENDING THE DETERMINATION OF SUCH HEARING PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT,
LICENSE OR REGISTRATION UNTIL FURTHER ORDER OF THE COMMISSION IF IN THE
OPINION OF THE COMMISSION THE CONTINUANCE OF THE PERMIT, LICENSE OR
REGISTRATION FOR SUCH PERIOD IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
(A) THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT, LICENSE OR REGIS-
TRATION PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION UNTIL FURTHER
ORDER OF THE COMMISSION OR FINAL DISPOSITION OF THE UNDERLYING CASE,
ONLY WHERE THE PERMITTEE, LICENSEE OR REGISTRANT HAS BEEN INDICTED FOR,
OR OTHERWISE CHARGED WITH, A CRIME WHICH IS EQUIVALENT TO A FELONY IN
THE STATE OF NEW YORK OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
FOR A TERM EXCEEDING ONE YEAR OR ONLY WHERE THE PERMITTEE OR LICENSEE IS
A PORT WATCHMAN WHO IS CHARGED BY THE COMMISSION PURSUANT TO THIS
SECTION WITH MISAPPROPRIATING ANY OTHER PERSON'S PROPERTY AT OR ON A
PIER OR OTHER WATERFRONT TERMINAL.
(B) IN THE CASE OF A PERMITTEE, LICENSEE OR REGISTRANT WHO HAS BEEN
INDICTED FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY SUSPEN-
SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
CRIMINAL CHARGE, UNLESS IN THE OPINION OF THE COMMISSION THE CONTINUANCE
OF ANY SUCH PERMIT, LICENSE OR REGISTRATION IS INIMICAL TO THE PUBLIC
PEACE OR SAFETY.
(C) A PERSON WHOSE PERMIT, LICENSE OR REGISTRATION HAS BEEN TEMPORAR-
ILY SUSPENDED MAY, AT ANY TIME, DEMAND THAT THE COMMISSION CONDUCT A
HEARING AS PROVIDED FOR IN THIS SECTION. WITHIN SIXTY DAYS OF SUCH
DEMAND, THE COMMISSION SHALL COMMENCE THE HEARING AND, WITHIN THIRTY
DAYS OF RECEIPT OF THE ADMINISTRATIVE JUDGE'S REPORT AND RECOMMENDATION,
THE COMMISSION SHALL RENDER A FINAL DETERMINATION THEREON; PROVIDED,
HOWEVER, THAT THESE TIME REQUIREMENTS, SHALL NOT APPLY FOR ANY PERIOD OF
DELAY CAUSED OR REQUESTED BY THE PERMITTEE, LICENSEE OR REGISTRANT. UPON
FAILURE OF THE COMMISSION TO COMMENCE A HEARING OR RENDER A DETERMI-
NATION WITHIN THE TIME LIMITS PRESCRIBED HEREIN, THE TEMPORARY SUSPEN-
SION OF THE LICENSEE OR REGISTRANT SHALL IMMEDIATELY TERMINATE. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF A FEDERAL, STATE,
OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST THE
SUSPENSION OR DEFERMENT OF ANY HEARING ON THE GROUND THAT SUCH A HEARING
WOULD OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE COMMIS-
SION MAY IN ITS DISCRETION, POSTPONE OR DEFER SUCH HEARING FOR A TIME
CERTAIN OR INDEFINITELY. ANY ACTION BY THE COMMISSION TO POSTPONE A
HEARING SHALL BE SUBJECT TO IMMEDIATE JUDICIAL REVIEW AS PROVIDED IN
SUBDIVISION SEVEN OF THIS SECTION.
(D) THE COMMISSION MAY IN ADDITION, WITHIN ITS DISCRETION, BAR ANY
PERMITTEE, LICENSEE OR REGISTRANT WHOSE LICENSE OR REGISTRATION HAS BEEN
SUSPENDED PURSUANT TO THIS SECTION, FROM ANY EMPLOYMENT BY A LICENSED
S. 8308--A 51 A. 8808--A
STEVEDORE OR A CARRIER OF FREIGHT BY WATER DURING THE PERIOD OF SUCH
SUSPENSION, IF THE ALLEGED CRIME THAT FORMS THE BASIS OF SUCH SUSPENSION
INVOLVES THE POSSESSION WITH INTENT TO DISTRIBUTE, SALE, OR DISTRIBUTION
OF A CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED SUBSTANCE), OR
CONTROLLED DANGEROUS SUBSTANCE ANALOG (CONTROLLED SUBSTANCE ANALOG),
RACKETEERING OR THEFT FROM A PIER OR WATERFRONT TERMINAL.
5. THE COMMISSION, OR SUCH OFFICER, EMPLOYEE OR AGENT OF THE COMMIS-
SION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE, SHALL HAVE
THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND
THE GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO ADMINIS-
TER OATHS IN CONNECTION WITH ANY SUCH HEARING. IT SHALL BE THE DUTY OF
THE COMMISSION OR OF ANY OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION
DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE TO ISSUE SUBPOENAS AT THE
REQUEST OF AND UPON BEHALF OF THE LICENSEE, REGISTRANT OR APPLICANT.
THE COMMISSION OR SUCH PERSON CONDUCTING THE HEARING SHALL NOT BE BOUND
BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL
RULES OF PROCEDURE IN THE CONDUCT OF SUCH HEARING.
6. UPON THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL TAKE SUCH
ACTION UPON SUCH FINDINGS AND DETERMINATION AS IT DEEMS PROPER AND SHALL
EXECUTE AN ORDER CARRYING SUCH FINDINGS INTO EFFECT. THE ACTION IN THE
CASE OF AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE GRANT-
ING OR DENIAL THEREOF. THE ACTION IN THE CASE OF A LICENSEE SHALL BE
REVOCATION OF THE LICENSE OR SUSPENSION THEREOF FOR A FIXED PERIOD OR
REPRIMAND OR A DISMISSAL OF THE CHARGES. THE ACTION IN THE CASE OF A
REGISTERED LONGSHOREMAN SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND OR
REMOVAL FROM THE LONGSHOREMEN'S REGISTER FOR A FIXED PERIOD OR PERMA-
NENTLY.
7. THE ACTION OF THE COMMISSION IN DENYING ANY APPLICATION FOR A
LICENSE OR IN REFUSING TO INCLUDE ANY PERSON IN THE LONGSHOREMEN'S
REGISTER UNDER THIS ACT OR IN SUSPENDING OR REVOKING SUCH LICENSE OR
REMOVING ANY PERSON FROM THE LONGSHOREMEN'S REGISTER OR IN REPRIMANDING
A LICENSEE OR REGISTRANT SHALL BE SUBJECT TO JUDICIAL REVIEW BY A
PROCEEDING INSTITUTED IN THIS STATE AT THE INSTANCE OF THE APPLICANT,
LICENSEE OR REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF
THE FINAL DECISION OR ACTION OF AN AGENCY OF THIS STATE PROVIDED, HOWEV-
ER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE COURT SHALL HAVE
POWER TO STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE COMMISSION
SUSPENDING OR REVOKING A LICENSE OR REMOVING A LONGSHOREMAN FROM THE
LONGSHOREMEN'S REGISTER.
8. AT HEARINGS CONDUCTED BY THE COMMISSION PURSUANT TO THIS SECTION,
APPLICANTS, PROSPECTIVE LICENSEES, LICENSEES AND REGISTRANTS SHALL HAVE
THE RIGHT TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
9. AFTER THE CONCLUSION OF A HEARING BUT PRIOR TO THE MAKING OF AN
ORDER BY THE COMMISSION, A HEARING MAY, UPON PETITION AND IN THE
DISCRETION OF THE HEARING OFFICER, BE REOPENED FOR THE PRESENTATION OF
ADDITIONAL EVIDENCE. SUCH PETITION TO REOPEN THE HEARING SHALL STATE IN
DETAIL THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE REASONS
FOR THE FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION OF THE
HEARING. THE COMMISSION MAY UPON ITS OWN MOTION AND UPON REASONABLE
NOTICE REOPEN A HEARING FOR THE PRESENTATION OF ADDITIONAL EVIDENCE.
UPON PETITION, AFTER THE MAKING OF AN ORDER OF THE COMMISSION, REHEARING
MAY BE GRANTED IN THE DISCRETION OF THE COMMISSION. SUCH A PETITION FOR
REHEARING SHALL STATE IN DETAIL THE GROUNDS UPON WHICH THE PETITION IS
BASED AND SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT ALLEGED
TO HAVE BEEN MADE BY THE COMMISSION IN ITS DETERMINATION, TOGETHER WITH
THE FACTS AND ARGUMENTS IN SUPPORT THEREOF. SUCH PETITION SHALL BE FILED
S. 8308--A 52 A. 8808--A
WITH THE COMMISSION NOT LATER THAN THIRTY DAYS AFTER SERVICE OF SUCH
ORDER, UNLESS THE COMMISSION FOR GOOD CAUSE SHOWN SHALL OTHERWISE
DIRECT. THE COMMISSION MAY UPON ITS OWN MOTION GRANT A REHEARING AFTER
THE MAKING OF AN ORDER.
§ 534-O. EMPLOYMENT INFORMATION CENTERS. 1. THE COMMISSION SHALL
ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT INFORMATION CENTERS WITHIN
THE PORT OF NEW YORK DISTRICT IN THIS STATE AT SUCH LOCATIONS AS IT MAY
DETERMINE. NO PERSON SHALL, DIRECTLY OR INDIRECTLY, HIRE ANY PERSON FOR
WORK AS A LONGSHOREMAN OR PORT WATCHMAN WITHIN THE PORT OF NEW YORK
DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH PARTICULAR EMPLOYMENT INFOR-
MATION CENTER OR CENTERS AS MAY BE PRESCRIBED BY THE COMMISSION. NO
PERSON SHALL ACCEPT ANY EMPLOYMENT AS A LONGSHOREMAN OR PORT WATCHMAN
WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH
AN EMPLOYMENT INFORMATION CENTER. AT EACH SUCH EMPLOYMENT INFORMATION
CENTER THE COMMISSION SHALL KEEP AND EXHIBIT THE LONGSHOREMEN'S REGISTER
AND ANY OTHER RECORDS IT SHALL DETERMINE TO THE END THAT LONGSHOREMEN
AND PORT WATCHMEN SHALL HAVE THE MAXIMUM INFORMATION AS TO AVAILABLE
EMPLOYMENT AS SUCH AT ANY TIME WITHIN THE PORT OF NEW YORK DISTRICT IN
THIS STATE AND TO THE END THAT EMPLOYERS SHALL HAVE AN ADEQUATE OPPORTU-
NITY TO FILL THEIR REQUIREMENTS OF REGISTERED LONGSHOREMEN AND PORT
WATCHMEN AT ALL TIMES.
2. EVERY EMPLOYER OF LONGSHOREMEN OR PORT WATCHMEN WITHIN THE PORT OF
NEW YORK DISTRICT IN THIS STATE SHALL FURNISH SUCH INFORMATION AS MAY BE
REQUIRED BY THE RULES AND REGULATIONS PRESCRIBED BY THE COMMISSION WITH
REGARD TO THE NAME OF EACH PERSON HIRED AS A LONGSHOREMAN OR PORT WATCH-
MAN, THE TIME AND PLACE OF HIRING, THE TIME, PLACE AND HOURS OF WORK,
AND THE COMPENSATION THEREFOR.
§ 534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR LONG-
SHOREMEN AND CHECKERS; REGISTRATION OF TELECOMMUNICATIONS SYSTEM
CONTROLLER. 1. THE COMMISSION MAY DESIGNATE ONE OF THE EMPLOYMENT INFOR-
MATION CENTERS IT IS AUTHORIZED TO ESTABLISH AND MAINTAIN UNDER SECTION
FIVE HUNDRED THIRTY-FOUR-O OF THIS ARTICLE FOR THE IMPLEMENTATION OF A
TELECOMMUNICATIONS HIRING SYSTEM THROUGH WHICH LONGSHOREMEN AND CHECKERS
MAY BE HIRED AND ACCEPT EMPLOYMENT WITHOUT ANY PERSONAL APPEARANCE AT
SAID CENTER. ANY SUCH TELECOMMUNICATIONS HIRING SYSTEM SHALL INCORPO-
RATE HIRING AND SENIORITY AGREEMENTS BETWEEN THE EMPLOYERS OF LONGSHORE-
MEN AND CHECKERS AND THE LABOR ORGANIZATION REPRESENTING LONGSHOREMEN
AND CHECKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, PROVIDED
SAID AGREEMENTS ARE NOT IN CONFLICT WITH THE PROVISIONS OF THE ARTICLE.
2. THE COMMISSION SHALL PERMIT EMPLOYEES OF THE ASSOCIATION REPRESENT-
ING EMPLOYERS OF LONGSHOREMEN AND CHECKERS AND OF THE LABOR ORGANIZATION
REPRESENTING LONGSHOREMEN AND CHECKERS IN THE PORT OF NEW YORK DISTRICT
IN THIS STATE, OR OF A JOINT BOARD OF SUCH ASSOCIATION AND LABOR ORGAN-
IZATION, TO PARTICIPATE IN THE OPERATION OF SAID TELECOMMUNICATIONS
HIRING SYSTEM, PROVIDED THAT ANY SUCH EMPLOYEE IS REGISTERED BY THE
COMMISSION AS A "TELECOMMUNICATIONS SYSTEM CONTROLLER" IN ACCORDANCE
WITH THE PROVISIONS, STANDARDS AND GROUNDS SET FORTH IN THE ACT WITH
RESPECT TO THE REGISTRATION OF CHECKERS. NO PERSON SHALL ACT AS A
"TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS THAT PERSON IS SO REGIS-
TERED. ANY APPLICATION FOR SUCH REGISTRATION AND ANY REGISTRATION MADE
OR ISSUED MAY BE DENIED, REVOKED, OR SUSPENDED, AS THE CASE MAY BE, ONLY
IN THE MANNER PRESCRIBED IN SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS
ARTICLE. ANY AND ALL SUCH PARTICIPATION IN THE OPERATION OF SAID TELE-
COMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE COMMISSION.
3. ANY AND ALL RECORDS, DOCUMENTS, TAPES, DISCS AND OTHER DATA
COMPILED, COLLECTED OR MAINTAINED BY SAID ASSOCIATION OF EMPLOYERS,
S. 8308--A 53 A. 8808--A
LABOR ORGANIZATION AND JOINT BOARD OF SUCH ASSOCIATION AND LABOR ORGAN-
IZATION PERTAINING TO THE TELECOMMUNICATIONS HIRING SYSTEM SHALL BE
AVAILABLE FOR INSPECTION, INVESTIGATION AND DUPLICATION BY THE COMMIS-
SION.
§ 534-Q. CONSTRUCTION OF ACT. 1. THIS ACT IS NOT DESIGNED AND SHALL
NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS GRANTED OR DERIVED FROM
ANY OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOYEES TO ORGANIZE IN LABOR
ORGANIZATIONS, TO BARGAIN COLLECTIVELY AND TO ACT IN ANY OTHER WAY INDI-
VIDUALLY, COLLECTIVELY, AND THROUGH LABOR ORGANIZATIONS OR OTHER REPRE-
SENTATIVES OF THEIR OWN CHOOSING. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT
IN ANY WAY THE RIGHT OF EMPLOYEES TO STRIKE.
2. THIS ACT IS NOT DESIGNED AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY
WAY ANY RIGHTS OF LONGSHOREMEN, HIRING AGENTS, PIER SUPERINTENDENTS OR
PORT WATCHMEN OR THEIR EMPLOYERS TO BARGAIN COLLECTIVELY AND AGREE UPON
ANY METHOD FOR THE SELECTION OF SUCH EMPLOYEES BY WAY OF SENIORITY,
EXPERIENCE, REGULAR GANGS OR OTHERWISE, PROVIDED THAT SUCH EMPLOYEES
SHALL BE LICENSED OR REGISTERED HEREUNDER AND SUCH LONGSHOREMEN AND PORT
WATCHMEN SHALL BE HIRED ONLY THROUGH THE EMPLOYMENT INFORMATION CENTERS
ESTABLISHED HEREUNDER AND THAT ALL OTHER PROVISIONS OF THIS ACT BE
OBSERVED.
§ 534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR EMPLOYEES WHO HAVE BEEN
CONVICTED OF CERTAIN CRIMES AND OFFENSES. 1. NO PERSON SHALL SOLICIT,
COLLECT OR RECEIVE ANY DUES, ASSESSMENTS, LEVIES, FINES OR CONTRIB-
UTIONS, OR OTHER CHARGES WITHIN THE STATE FOR OR ON BEHALF OF ANY LABOR
ORGANIZATION WHICH REPRESENTS EMPLOYEES REGISTERED OR LICENSED PURSUANT
TO THE PROVISIONS OF THIS ARTICLE OR WHICH DERIVES ITS CHARTER FROM A
LABOR ORGANIZATION REPRESENTING ONE HUNDRED OR MORE OF SUCH REGISTERED
OR LICENSED EMPLOYEES, IF ANY OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, OR OF A WELFARE FUND OR TRUST ADMINISTERED PARTIALLY OR
ENTIRELY BY SUCH LABOR ORGANIZATION OR BY TRUSTEES OR OTHER PERSONS
DESIGNATED BY SUCH LABOR ORGANIZATION, HAS BEEN CONVICTED BY A COURT OF
THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OF A FELONY, ANY
MISDEMEANOR INVOLVING MORAL TURPITUDE OR ANY CRIME OR OFFENSE ENUMERATED
IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-
FOUR-J OF THIS ARTICLE, UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY
PARDONED THEREFOR BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE
STATE OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT FROM THE BOARD OF PAROLE PURSUANT TO THE
PROVISIONS OF THE EXECUTIVE LAW TO REMOVE THE DISABILITY. NO PERSON SO
CONVICTED SHALL SERVE AS AN OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
ORGANIZATION, WELFARE FUND OR TRUST UNLESS SUCH PERSON HAS BEEN SO
PARDONED OR HAS RECEIVED A CERTIFICATE OF GOOD CONDUCT. NO PERSON,
INCLUDING SUCH LABOR ORGANIZATION, WELFARE FUND OR TRUST, SHALL KNOWING-
LY PERMIT SUCH CONVICTED PERSON TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR
EMPLOYMENT IN VIOLATION OF THIS SECTION.
2. AS USED IN THIS SECTION, THE TERM "LABOR ORGANIZATION" SHALL MEAN
AND INCLUDE ANY ORGANIZATION WHICH EXISTS AND IS CONSTITUTED FOR THE
PURPOSE IN WHOLE OR IN PART OF COLLECTIVE BARGAINING, OR OF DEALING WITH
EMPLOYERS CONCERNING GRIEVANCES, TERMS AND CONDITIONS OF EMPLOYMENT, OR
OF OTHER MUTUAL AID OR PROTECTION; BUT IT SHALL NOT INCLUDE A FEDER-
ATION OR CONGRESS OF LABOR ORGANIZATIONS ORGANIZED ON A NATIONAL OR
INTERNATIONAL BASIS EVEN THOUGH ONE OF ITS CONSTITUENT LABOR ORGANIZA-
TIONS MAY REPRESENT PERSONS SO REGISTERED OR LICENSED.
S. 8308--A 54 A. 8808--A
3. ANY PERSON WHO SHALL VIOLATE THIS SECTION SHALL BE GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
4. IF UPON APPLICATION TO THE COMMISSION BY AN EMPLOYEE WHO HAS BEEN
CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION THE COMMISSION, IN ITS DISCRETION, DETERMINES IN AN ORDER THAT
IT WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ACT FOR
SUCH EMPLOYEE TO WORK IN A PARTICULAR EMPLOYMENT FOR A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION TWO OF
THIS SECTION, THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL
NOT APPLY TO THE PARTICULAR EMPLOYMENT OF SUCH EMPLOYEE WITH RESPECT TO
SUCH CONVICTION OR CONVICTIONS AS ARE SPECIFIED IN THE COMMISSION'S
ORDER. THIS SECTION IS APPLICABLE ONLY TO THOSE EMPLOYEES WHO FOR WAGES
OR SALARY PERFORM MANUAL, MECHANICAL, OR PHYSICAL WORK OF A ROUTINE OR
CLERICAL NATURE AT THE PREMISES OF THE LABOR ORGANIZATION, WELFARE FUND
OR TRUST BY WHICH THEY ARE EMPLOYED.
5. NO PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
SUBDIVISION ONE OF THIS SECTION SHALL DIRECTLY OR INDIRECTLY SERVE AS AN
OFFICER, AGENT OR EMPLOYEE OF A LABOR ORGANIZATION, WELFARE FUND OR
TRUST UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR SUCH CRIME
OR OFFENSE BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE STATE
OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
CERTIFICATE OF GOOD CONDUCT OR OTHER RELIEF FROM DISABILITIES ARISING
FROM THE FACT OF CONVICTION FROM A BOARD OF PAROLE OR SIMILAR AUTHORITY
OR HAS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AN ORDER OF
EXCEPTION FROM THE COMMISSION. NO PERSON, INCLUDING A LABOR ORGANIZA-
TION, WELFARE FUND OR TRUST WITHIN THE MEANING OF SUBDIVISION ONE OF
THIS SECTION, SHALL KNOWINGLY PERMIT ANY OTHER PERSON TO ASSUME OR HOLD
ANY OFFICE, AGENCY OR EMPLOYMENT IN VIOLATION OF THIS SECTION.
6. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON,
LABOR ORGANIZATION, WELFARE FUND OR TRUST OR OFFICERS THEREOF TO COMPEL
COMPLIANCE WITH THIS SECTION, OR TO PREVENT ANY VIOLATIONS, THE AIDING
AND ABETTING THEREOF, OR ANY ATTEMPT OR CONSPIRACY TO VIOLATE THIS
SECTION, EITHER BY MANDAMUS, INJUNCTION OR ACTION OR PROCEEDING IN LIEU
OF PREROGATIVE WRIT AND UPON A PROPER SHOWING A TEMPORARY RESTRAINING
ORDER OR OTHER APPROPRIATE TEMPORARY ORDER SHALL BE GRANTED EX PARTE AND
WITHOUT BOND PENDING FINAL HEARING AND DETERMINATION. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR RESTRICT IN ANY WAY THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
§ 534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES. 1. THE FAILURE
OF ANY WITNESS, WHEN DULY SUBPOENAED TO ATTEND, GIVE TESTIMONY OR
PRODUCE OTHER EVIDENCE, WHETHER OR NOT AT A HEARING, SHALL BE PUNISHABLE
BY THE SUPREME COURT IN NEW YORK IN THE SAME MANNER AS SAID FAILURE IS
PUNISHABLE BY SUCH COURT IN A CASE THEREIN PENDING.
2. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY SUCH HEARING, SHALL WILLFULLY GIVE FALSE TESTIMONY OR WHO SHALL
WILLFULLY MAKE OR FILE ANY FALSE OR FRAUDULENT REPORT OR STATEMENT
REQUIRED BY THIS ARTICLE TO BE MADE OR FILED UNDER OATH, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
3. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
ANY INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL WILLFULLY
GIVE FALSE TESTIMONY SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE
THAN ONE YEAR OR BOTH.
S. 8308--A 55 A. 8808--A
4. THE COMMISSION MAY MAINTAIN A CIVIL ACTION ON BEHALF OF THE STATE
AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
SECTION OR WHO FAILS, OMITS, OR NEGLECTS TO OBEY, OBSERVE, OR COMPLY
WITH ANY ORDER OR DIRECTION OF THE COMMISSION, TO RECOVER A JUDGMENT FOR
A MONEY PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH AND EVERY
OFFENSE. EVERY VIOLATION OF ANY SUCH PROVISION, ORDER OR DIRECTION,
SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN CASE OF A CONTINUING
VIOLATION, EVERY DAY'S CONTINUANCE SHALL BE AND BE DEEMED TO BE A SEPA-
RATE AND DISTINCT OFFENSE. ANY SUCH ACTION MAY BE COMPROMISED OR
DISCONTINUED ON APPLICATION OF THE COMMISSION UPON SUCH TERMS AS THE
COURT MAY APPROVE AND A JUDGMENT MAY BE RENDERED FOR AN AMOUNT LESS THAN
THE AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY REQUIRE.
5. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON TO
COMPEL COMPLIANCE WITH ANY OF THE PROVISIONS OF THIS ACT OR TO PREVENT
VIOLATIONS, ATTEMPTS OR CONSPIRACIES TO VIOLATE ANY SUCH PROVISIONS, OR
INTERFERENCE, ATTEMPTS OR CONSPIRACIES TO INTERFERE WITH OR IMPEDE THE
ENFORCEMENT OF ANY SUCH PROVISIONS OR THE EXERCISE PERFORMANCE OF ANY
POWER OR DUTY THEREUNDER, EITHER BY MANDAMUS, INJUNCTION OR ACTION OR
PROCEEDING IN LIEU OF PREROGATIVE WRIT.
6. ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE ANY
OTHER PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR,
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRI-
SONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
7. ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY REGISTRATION
OF LONGSHOREMEN PURSUANT TO THIS ACT OR WHO CONSPIRES TO OR ATTEMPTS TO
INTERFERE WITH OR IMPEDE SUCH REGISTRATION SHALL BE GUILTY OF A MISDE-
MEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
8. ANY PERSON WHO DIRECTLY OR INDIRECTLY INFLICTS OR THREATENS TO
INFLICT ANY INJURY, DAMAGE, HARM OR LOSS OR IN ANY OTHER MANNER PRAC-
TICES INTIMIDATION UPON OR AGAINST ANY PERSON IN ORDER TO INDUCE OR
COMPEL SUCH PERSON OR ANY OTHER PERSON TO REFRAIN FROM REGISTERING
PURSUANT TO THIS ACT SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT
MORE THAN ONE YEAR, OR BOTH.
9. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
OR OF SECTION FIVE HUNDRED THIRTY-FOUR-X OF THIS ARTICLE FOR WHICH NO
OTHER PENALTY IS PRESCRIBED SHALL BE GUILTY OF A MISDEMEANOR, PUNISHA-
BLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BOTH.
10. NO PERSON SHALL, WITHOUT A SATISFACTORY EXPLANATION, LOITER UPON
ANY VESSEL, DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE, OR OTHER
WATERFRONT FACILITY OR WITHIN FIVE HUNDRED FEET THEREOF IN THAT PORTION
OF THE PORT OF NEW YORK DISTRICT WITHIN THE STATE OF NEW YORK.
11. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN LAW, DIRECTLY
OR INDIRECTLY INTIMIDATES OR INFLICTS ANY INJURY, DAMAGE, HARM, LOSS OR
ECONOMIC REPRISAL UPON ANY PERSON LICENSED OR REGISTERED BY THE COMMIS-
SION, OR ANY OTHER PERSON, OR ATTEMPTS, CONSPIRES OR THREATENS SO TO
DO, IN ORDER TO INTERFERE WITH, IMPEDE OR INFLUENCE SUCH LICENSED OR
REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE OF THE PERSON'S DUTIES
OR OBLIGATIONS SHALL BE PUNISHABLE AS PROVIDED IN SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-R OF THIS ARTICLE.
12. IN ANY PROSECUTION UNDER THIS ACT, IT SHALL BE SUFFICIENT TO PROVE
ONLY A SINGLE ACT OR A SINGLE HOLDING OUT OR ATTEMPT PROHIBITED BY LAW,
WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO PROVE A
VIOLATION.
S. 8308--A 56 A. 8808--A
§ 534-T. DENIAL OF APPLICATIONS. IN ADDITION TO THE GROUNDS ELSEWHERE
SET FORTH IN THIS ARTICLE, THE COMMISSION MAY DENY AN APPLICATION FOR A
LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
1. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
RY THEREOF OF COERCION;
2. CONVICTION BY ANY SUCH COURT, AFTER HAVING BEEN PREVIOUSLY
CONVICTED BY ANY SUCH COURT OF ANY CRIME OR OF THE OFFENSES SET FORTH IN
THIS ARTICLE, OF A MISDEMEANOR OR ANY OF THE FOLLOWING OFFENSES:
ASSAULT, MALICIOUS INJURY TO PROPERTY, MALICIOUS MISCHIEF, UNLAWFUL
TAKING OF A MOTOR VEHICLE, CORRUPTION OF EMPLOYEES OR POSSESSION OF
LOTTERY OR NUMBER SLIPS;
3. FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY APPLICA-
TION OR PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING OR PROCEEDING
CONDUCTED BY THE COMMISSION;
4. VIOLATION OF ANY PROVISION OF THIS ACT OR COMMISSION OF ANY OFFENSE
UNDER THIS ARTICLE;
5. REFUSAL ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY SUBDIVISION TWO OF
SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE TO SIGN OR BE IDENTI-
FIED IN AN APPLICATION FOR A STEVEDORE LICENSE, TO ANSWER ANY MATERIAL
QUESTION OR PRODUCE ANY MATERIAL EVIDENCE IN CONNECTION WITH THE
PERSON'S APPLICATION OR ANY APPLICATION MADE ON THE PERSON'S BEHALF FOR
A LICENSE OR REGISTRATION PURSUANT TO THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ARTICLE WOULD BE INIMI-
CAL TO THE POLICIES OF THIS ARTICLE; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ARTICLE WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
§ 534-U. REVOCATION OF LICENSES AND REGISTRATIONS. IN ADDITION TO THE
GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE, ANY LICENSE OR REGISTRATION
ISSUED OR MADE PURSUANT THERETO MAY BE REVOKED OR SUSPENDED FOR SUCH
PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR
REGISTRANT MAY BE REPRIMANDED, FOR:
1. CONVICTION OF ANY CRIME OR OFFENSE IN RELATION TO GAMBLING, BOOK-
MAKING, POOL SELLING, LOTTERIES OR SIMILAR CRIMES OR OFFENSES IF THE
CRIME OR OFFENSE WAS COMMITTED AT OR ON A PIER OR OTHER WATERFRONT
TERMINAL OR WITHIN FIVE HUNDRED FEET THEREOF;
2. WILLFUL COMMISSION OF, OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
WATERFRONT TERMINAL OR ADJACENT HIGHWAY, ANY ACT OF PHYSICAL INJURY TO
ANY OTHER PERSON OR OF WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW;
3. RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
THAN A LICENSEE'S OR REGISTRANT'S EMPLOYER AS CONSIDERATION FOR THE
SELECTION OR RETENTION FOR EMPLOYMENT OF SUCH LICENSEE OR REGISTRANT;
4. COERCION OF A LICENSEE OR REGISTRANT BY THREAT OF DISCRIMINATION OR
VIOLENCE OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE
SERVICES OF ANY PERSON;
S. 8308--A 57 A. 8808--A
5. REFUSAL TO ANSWER ANY MATERIAL QUESTION OR PRODUCE ANY EVIDENCE
LAWFULLY REQUIRED TO BE ANSWERED OR PRODUCED AT ANY INVESTIGATION,
INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION PURSUANT TO
THE PROVISIONS OF THIS ACT, OR, IF SUCH REFUSAL IS ACCOMPANIED BY A
VALID PLEA OF PRIVILEGE AGAINST SELF-INCRIMINATION, REFUSAL TO OBEY AN
ORDER TO ANSWER SUCH QUESTION OR PRODUCE SUCH EVIDENCE MADE BY THE
COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIVE
HUNDRED THIRTY-FOUR-V OF THIS ARTICLE;
6. ASSOCIATION WITH A PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH ASSOCIATION
CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ACT WOULD BE INIMICAL TO
THE POLICIES OF THIS ARTICLE; OR
7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
WHERE SUCH ASSOCIATION CREATES A REASONABLE BELIEF THAT THE PARTIC-
IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
THIS ACT WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
§ 534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION. 1. IN ANY
INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED UNDER OATH BY THE
COMMISSION OR ANY DULY AUTHORIZED OFFICER, EMPLOYEE OR AGENT THEREOF, IF
A PERSON REFUSES TO ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER
KIND ON THE GROUND THAT THE PERSON MAY BE INCRIMINATED THEREBY, AND,
NOTWITHSTANDING SUCH REFUSAL, AN ORDER IS MADE UPON TWENTY-FOUR HOURS'
PRIOR WRITTEN NOTICE TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK,
AND TO THE APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
CIAL INTEREST THEREIN, BY THE COMMISSIONER OR BY THE COMMISSIONER'S
DESIGNEES APPOINTED PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE, THAT SUCH PERSON
ANSWER THE QUESTION OR PRODUCE THE EVIDENCE, SUCH PERSON SHALL COMPLY
WITH THE ORDER. IF SUCH PERSON COMPLIES WITH THE ORDER, AND IF, BUT FOR
THIS SUBDIVISION, WOULD HAVE BEEN PRIVILEGED TO WITHHOLD THE ANSWER
GIVEN OR THE EVIDENCE PRODUCED BY THE PERSON, THEN IMMUNITY SHALL BE
CONFERRED UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION. "IMMUNITY"
AS USED IN THIS SUBDIVISION MEANS THAT SUCH PERSON SHALL NOT BE PROSE-
CUTED OR SUBJECTED TO ANY PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF ANY
TRANSACTION, MATTER OR THING CONCERNING WHICH, IN ACCORDANCE WITH THE
ORDER BY THE COMMISSION OR THE COMMISSIONER'S DESIGNEES APPOINTED PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIR-
TY-FOUR-C OF THIS ARTICLE, SUCH PERSON GAVE ANSWER OR PRODUCED EVIDENCE,
AND THAT NO SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE RECEIVED
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING. BUT THE PERSON MAY
NEVERTHELESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY
PERJURY OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR IN
PRODUCING OR FAILING TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE ORDER,
AND ANY SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE ADMISSIBLE
AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING CONCERNING SUCH PERJURY
OR CONTEMPT. IMMUNITY SHALL NOT BE CONFERRED UPON ANY PERSON EXCEPT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. IF, AFTER COMPLI-
ANCE WITH THE PROVISIONS OF THIS SUBDIVISION, A PERSON IS ORDERED TO
ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER KIND AND COMPLIES
WITH SUCH ORDER, AND IT IS THEREAFTER DETERMINED THAT THE ATTORNEY
GENERAL OR APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
S. 8308--A 58 A. 8808--A
CIAL INTEREST THEREIN NOT NOTIFIED, SUCH FAILURE OR NEGLECT SHALL NOT
DEPRIVE SUCH PERSON OF ANY IMMUNITY OTHERWISE PROPERLY CONFERRED UPON
THE PERSON.
2. IF A PERSON, IN OBEDIENCE TO A SUBPOENA DIRECTING THE PERSON TO
ATTEND AND TESTIFY, COMES INTO THIS STATE FROM ANOTHER STATE, THE PERSON
SHALL NOT, WHILE IN THIS STATE PURSUANT TO SUCH SUBPOENA, BE SUBJECT TO
ARREST OR THE SERVICE OF PROCESS, CIVIL OR CRIMINAL, IN CONNECTION WITH
MATTERS WHICH AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS STATE UNDER
THE SUBPOENA.
§ 534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS. 1.
THE COMMISSION SHALL ANNUALLY SUBMIT A BUDGET REQUEST, WHICH SHALL BE
SUBMITTED TO THE DIRECTOR OF THE BUDGET IN SUCH FORM AS THE DIRECTOR MAY
REQUIRE.
2. AFTER TAKING INTO ACCOUNT SUCH FUNDS AS MAY BE AVAILABLE, THE
BALANCE OF THE COMMISSION'S BUDGETED EXPENSES SHALL BE ASSESSED UPON
EMPLOYERS OF PERSONS REGISTERED OR LICENSED UNDER THIS ACT. EACH SUCH
EMPLOYER SHALL PAY AN ASSESSMENT COMPUTED UPON THE GROSS PAYROLL
PAYMENTS MADE BY SUCH EMPLOYER TO LONGSHOREMEN, PIER SUPERINTENDENTS,
HIRING AGENTS AND PORT WATCHMEN FOR WORK OR LABOR PERFORMED WITHIN THE
PORT OF NEW YORK DISTRICT IN THIS STATE, AT A RATE, NOT IN EXCESS OF TWO
PER CENT, COMPUTED BY THE COMMISSION IN THE FOLLOWING MANNER: THE
COMMISSION SHALL ANNUALLY ESTIMATE THE GROSS PAYROLL PAYMENTS TO BE MADE
BY EMPLOYERS SUBJECT TO ASSESSMENT AND SHALL COMPUTE A RATE THEREON
WHICH WILL YIELD REVENUES SUFFICIENT TO FINANCE THE COMMISSION'S BUDGET
FOR EACH YEAR. SUCH BUDGET TO BE ASSESSED UPON EMPLOYERS MAY INCLUDE A
REASONABLE AMOUNT NOT TO EXCEED TEN PERCENT OF THE TOTAL OF ALL OTHER
ITEMS OF EXPENDITURE CONTAINED THEREIN, WHICH SHALL BE ALLOCATED TO AN
APPLICABLE FUND BALANCE TO BE HELD IN THE COMMISSION'S EMPLOYERS ASSESS-
MENT ACCOUNT.
3. THE COMMISSION MAY PROVIDE BY REGULATION FOR THE COLLECTION AND
AUDITING OF ASSESSMENTS. SUCH ASSESSMENTS SHALL BE PAYABLE PURSUANT TO
SUCH PROVISIONS FOR ADMINISTRATION, COLLECTION AND ENFORCEMENT AS THE
STATE MAY PROVIDE BY LEGISLATION. IN ADDITION TO ANY OTHER SANCTION
PROVIDED BY LAW, THE COMMISSION MAY REVOKE OR SUSPEND ANY LICENSE HELD
BY ANY PERSON UNDER THIS ARTICLE, OR THE PERSON'S PRIVILEGE OF EMPLOYING
PERSONS REGISTERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESS-
MENT WHEN DUE.
4. THE ASSESSMENT PURSUANT TO THIS SECTION SHALL BE IN LIEU OF ANY
OTHER CHARGE FOR THE ISSUANCE OF LICENSES TO STEVEDORES, PIER SUPER-
INTENDENTS, HIRING AGENTS AND PIER WATCHMEN OR FOR THE REGISTRATION OF
LONGSHOREMEN OR THE USE OF AN EMPLOYMENT INFORMATION CENTER. THE
COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES FOR THE CONSIDERATION
OF PROTESTS BY AFFECTED EMPLOYERS CONCERNING THE ESTIMATES AND COMPUTA-
TION OF THE RATE OF ASSESSMENT.
§ 534-X. PAYMENT OF ASSESSMENT. 1. EVERY PERSON SUBJECT TO THE
PAYMENT OF ANY ASSESSMENT UNDER THE PROVISIONS OF SECTION FIVE HUNDRED
THIRTY-FOUR-W OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH DAY
OF THE FIRST MONTH OF EACH CALENDAR QUARTER-YEAR A SEPARATE RETURN,
TOGETHER WITH THE PAYMENT OF THE ASSESSMENT DUE, FOR THE PRECEDING
CALENDAR QUARTER-YEAR DURING WHICH ANY PAYROLL PAYMENTS WERE MADE TO
LONGSHOREMEN, PIER SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHMEN FOR
WORK PERFORMED AS SUCH WITHIN THE PORT OF NEW YORK DISTRICT IN THIS
STATE. RETURNS COVERING THE AMOUNT OF ASSESSMENT PAYABLE SHALL BE FILED
WITH THE COMMISSION ON FORMS TO BE FURNISHED FOR SUCH PURPOSE AND SHALL
CONTAIN SUCH DATA, INFORMATION OR MATTER AS THE COMMISSION MAY REQUIRE
TO BE INCLUDED THEREIN. THE COMMISSION MAY GRANT A REASONABLE EXTENSION
S. 8308--A 59 A. 8808--A
OF TIME FOR FILING RETURNS, OR FOR THE PAYMENT OF ASSESSMENT, WHENEVER
GOOD CAUSE EXISTS. EVERY RETURN SHALL HAVE ANNEXED THERETO A CERTIF-
ICATION TO THE EFFECT THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.
2. EVERY PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER SHALL
KEEP AN ACCURATE RECORD OF THAT PERSON'S EMPLOYMENT OF LONGSHOREMEN,
PIER SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHMEN, WHICH SHALL SHOW
THE AMOUNT OF COMPENSATION PAID AND SUCH OTHER INFORMATION AS THE
COMMISSION MAY REQUIRE. SUCH RECORDS SHALL BE PRESERVED FOR A PERIOD OF
THREE YEARS AND BE OPEN FOR INSPECTION AT REASONABLE TIMES. THE COMMIS-
SION MAY CONSENT TO THE DESTRUCTION OF ANY SUCH RECORDS AT ANY TIME
AFTER SAID PERIOD OR MAY REQUIRE THAT THEY BE KEPT LONGER, BUT NOT IN
EXCESS OF SIX YEARS.
3. (A) THE COMMISSION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS IS AVAIL-
ABLE TO IT. WHENEVER A DEFICIENCY IN PAYMENT OF THE ASSESSMENT IS
DETERMINED THE COMMISSION SHALL GIVE NOTICE OF ANY SUCH DETERMINATION TO
THE PERSON LIABLE THEREFOR. SUCH DETERMINATION SHALL FINALLY AND CONCLU-
SIVELY FIX THE AMOUNT DUE, UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED
SHALL, WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DETERMI-
NATION, APPLY IN WRITING TO THE COMMISSION FOR A HEARING, OR UNLESS THE
COMMISSION ON ITS OWN MOTION SHALL REDUCE THE SAME. AFTER SUCH HEARING,
THE COMMISSION SHALL GIVE NOTICE OF ITS DECISION TO THE PERSON LIABLE
THEREFOR. A DETERMINATION OF THE COMMISSION UNDER THIS SECTION SHALL BE
SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR SUCH REVIEW IS MADE WITH-
IN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DECISION. ANY DETER-
MINATION UNDER THIS SECTION SHALL BE MADE WITHIN FIVE YEARS FROM THE
TIME THE RETURN WAS FILED AND IF NO RETURN WAS FILED SUCH DETERMINATION
MAY BE MADE AT ANY TIME.
(B) ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE GIVEN
BY MAILING THE SAME TO THE PERSON FOR WHOM IT IS INTENDED AT THE LAST
ADDRESS GIVEN BY THAT PERSON TO THE COMMISSION, OR IN THE LAST RETURN
FILED BY THAT PERSON WITH THE COMMISSION UNDER THIS SECTION, OR, IF NO
RETURN HAS BEEN FILED THEN TO SUCH ADDRESS AS MAY BE OBTAINABLE. THE
MAILING OF SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE OF THE RECEIPT OF
SAME BY THE PERSON TO WHOM ADDRESSED. ANY PERIOD OF TIME, WHICH IS
DETERMINED ACCORDING TO THE PROVISIONS OF THIS SECTION, FOR THE GIVING
OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING OF SUCH NOTICE.
4. WHENEVER ANY PERSON SHALL FAIL TO PAY, WITHIN THE TIME LIMITED
HEREIN, ANY ASSESSMENT WHICH THE PERSON IS REQUIRED TO PAY TO THE
COMMISSION UNDER THE PROVISIONS OF THIS SECTION THE COMMISSION MAY
ENFORCE PAYMENT OF SUCH FEE BY CIVIL ACTION FOR THE AMOUNT OF SUCH
ASSESSMENT WITH INTEREST AND PENALTIES.
5. THE EMPLOYMENT BY A NONRESIDENT OF A LONGSHOREMAN, OR A LICENSED
PIER SUPERINTENDENT, HIRING AGENT OR PORT WATCHMAN IN THIS STATE OR THE
DESIGNATION BY A NONRESIDENT OF A LONGSHOREMAN, PIER SUPERINTENDENT,
HIRING AGENT OR PORT WATCHMAN TO PERFORM WORK IN THIS STATE SHALL BE
DEEMED EQUIVALENT TO AN APPOINTMENT BY SUCH NONRESIDENT OF THE SECRETARY
OF STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTORNEY UPON WHOM MAY
BE SERVED THE PROCESS IN ANY ACTION OR PROCEEDING AGAINST THE NONRESI-
DENT GROWING OUT OF ANY LIABILITY FOR ASSESSMENTS, PENALTIES OR INTER-
EST, AND A CONSENT THAT ANY SUCH PROCESS AGAINST THE NONRESIDENT WHICH
IS SO SERVED SHALL BE OF THE SAME LEGAL FORCE AND VALIDITY AS IF SERVED
PERSONALLY WITHIN THE STATE AND WITHIN THE TERRITORIAL JURISDICTION OF
THE COURT FROM WHICH THE PROCESS ISSUES. SERVICE OF PROCESS WITHIN THIS
STATE SHALL BE MADE BY EITHER:
S. 8308--A 60 A. 8808--A
(A) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE
DUPLICATE COPIES THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE, IN
WHICH EVENT THE SECRETARY OF STATE SHALL FORTHWITH SEND BY REGISTERED
MAIL ONE OF SUCH COPIES TO THE PERSON AT THE LAST ADDRESS DESIGNATED BY
THE PERSON TO THE COMMISSION FOR ANY PURPOSE UNDER THIS SECTION OR IN
THE LAST RETURN FILED BY THE PERSON UNDER THIS SECTION WITH THE COMMIS-
SION OR AS SHOWN ON THE RECORDS OF THE COMMISSION, OR IF NO RETURN HAS
BEEN FILED, AT THE PERSON'S LAST KNOWN OFFICE ADDRESS WITHIN OR OUTSIDE
OF THE STATE; OR
(B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
COPY THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY DELIVERING
A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE. PROOF OF
SUCH PERSONAL SERVICE OUTSIDE OF THE STATE SHALL BE FILED WITH THE
CLERK OF THE COURT IN WHICH THE PROCESS IS PENDING WITHIN THIRTY DAYS
AFTER SUCH SERVICE AND SUCH SERVICE SHALL BE COMPLETE TEN DAYS AFTER
PROOF THEREOF IS FILED.
6. WHENEVER THE COMMISSION SHALL DETERMINE THAT ANY MONEYS RECEIVED AS
ASSESSMENTS WERE PAID IN ERROR, IT MAY CAUSE THE SAME TO BE REFUNDED,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN TWO
YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
7. IN ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE COMMIS-
SION SHALL HAVE POWER TO PROMULGATE REASONABLE RULES AND REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION.
8. ANY PERSON WHO SHALL WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE HERE-
UNDER, SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER MONTH ON
THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE AMOUNT
DUE FOR EACH THIRTY DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
UNPAID. THE COMMISSION, MAY, FOR GOOD CAUSE SHOWN, ABATE ALL OR PART OF
SUCH PENALTY.
9. ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFORMA-
TION OR SHALL WILLFULLY FAIL TO FURNISH PERTINENT INFORMATION, AS
REQUIRED, WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
10. ALL FUNDS OF THE COMMISSION RECEIVED AS PAYMENT OF ANY ASSESSMENT
OR PENALTY UNDER THIS SECTION SHALL BE DEPOSITED WITH THE COMPTROLLER.
THE COMPTROLLER MAY REQUIRE THAT ALL SUCH DEPOSITS BE SECURED BY OBLI-
GATIONS OF THE UNITED STATES OR OF THE STATE OF NEW YORK OF A MARKET
VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSITS, AND ALL BANKS
AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH
DEPOSITS.
11. THE COMMISSION SHALL REIMBURSE THE STATE FOR ANY FUNDS ADVANCED TO
THE COMMISSION EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO SECTION FIVE
HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
§ 534-Y. TRANSFER OF OFFICERS, EMPLOYEES. 1. ANY OFFICER OR EMPLOYEE
IN THE STATE, COUNTY OR MUNICIPAL CIVIL SERVICE IN EITHER STATE WHO
SHALL TRANSFER TO SERVICE WITH THE COMMISSION MAY BE GIVEN ONE OR MORE
LEAVES OF ABSENCE WITHOUT PAY AND MAY, BEFORE THE EXPIRATION OF
SUCH LEAVE OR LEAVES OF ABSENCE, AND WITHOUT FURTHER EXAMINATION OR
QUALIFICATION, RETURN TO THE PERSON'S FORMER POSITION OR BE CERTIFIED
BY THE APPROPRIATE CIVIL SERVICE AGENCY FOR RETRANSFER TO A COMPA-
RABLE POSITION IN SUCH STATE, COUNTY, OR MUNICIPAL CIVIL SERVICE IF
SUCH A POSITION IS THEN AVAILABLE.
2. THE COMMISSION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
ANY OFFICER OR EMPLOYEE MAY TRANSFER TO SERVICE WITH THE COMMISSION,
S. 8308--A 61 A. 8808--A
MAKE SIMILAR PROVISION FOR THE RETRANSFER OF SUCH OFFICER OR EMPLOYEE TO
SUCH FEDERAL AGENCY.
3. ANY OFFICER OR EMPLOYEE IN THE STATE, COUNTY OR MUNICIPAL SERVICE
IN NEW YORK STATE WHO SHALL TRANSFER TO SERVICE WITH THE COMMISSION AND
WHO IS A MEMBER OF THE NEW YORK STATE AND LOCAL RETIREMENT SYSTEM,
SHALL CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS
WITH RESPECT TO SUCH SYSTEM AS PROVIDED UNDER THE NEW YORK RETIREMENT
AND SOCIAL SECURITY LAW.
§ 3. Paragraphs (h) and (k) of subdivision 34 of section 1.20 of the
criminal procedure law, as amended by chapter 187 of the laws of 2023,
are amended to read as follows:
(h) An investigator employed by THE NEW YORK WATERFRONT COMMISSION OR
a commission created by an interstate compact[, or by section six of
chapter eight hundred eighty-two of the laws of nineteen hundred fifty-
three, constituting the waterfront commission act, as amended,] who is,
to a substantial extent, engaged in the enforcement of the criminal laws
of this state;
(k) A sworn officer of THE NEW YORK WATERFRONT COMMISSION OR a police
force of a public authority created by an interstate compact[, or by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended,] where such force is certified in accordance with paragraph (d)
of subdivision one of section eight hundred forty-six-h of the executive
law;
§ 4. Subdivision 34 of section 2.10 of the criminal procedure law, as
added by chapter 843 of the laws of 1980, is amended to read as follows:
34. NEW YORK Waterfront [and airport] investigators, pursuant to
[subdivision four of section ninety-nine hundred six of the unconsol-
idated laws] ARTICLE NINETEEN-I OF THE EXECUTIVE LAW; provided, however,
that nothing in this subdivision shall be deemed to authorize such offi-
cer to carry, possess, repair or dispose of a firearm unless the appro-
priate license therefor has been issued pursuant to section 400.00 of
the penal law.
§ 5. Paragraph k of subdivision 11 of section 302 of the retirement
and social security law, as added by chapter 187 of the laws of 2023, is
amended to read as follows:
k. Service as an investigator or sworn officer of the NEW YORK WATER-
FRONT COMMISSION OR THE waterfront commission of New York harbor [or the
commission created by section six of chapter eight hundred eighty-two of
the laws of nineteen hundred fifty-three, constituting the waterfront
commission act, as amended].
§ 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
c section 381-b of the retirement and social security law, as amended by
chapter 187 of the laws of 2023, are amended to read as follows:
a. Membership. Every member or officer of the division of state police
in the executive department who enters or re-enters service in the divi-
sion on or after April first, nineteen hundred sixty-nine, and every
investigator or sworn officer employed by the commission created by
section six of chapter eight hundred eighty-two of the laws of nineteen
hundred fifty-three, constituting the waterfront commission act, as
amended, on or after July first, two thousand twenty-three, AND EVERY
INVESTIGATOR OR SWORN OFFICER EMPLOYED BY THE NEW YORK WATERFRONT
COMMISSION IN THE EXECUTIVE DEPARTMENT shall be covered by the
provisions of this section, and every member or officer of the division
of state police in the executive department in such service on such date
may elect to be covered by the provisions of this section by filing an
S. 8308--A 62 A. 8808--A
election therefor with the comptroller on or before March thirty-first,
nineteen hundred seventy-two. To be effective, such election must be
duly executed and acknowledged on a form prepared by the comptroller for
that purpose.
(ii) for service rendered as an investigator or sworn officer of the
waterfront commission of New York harbor, FOR SERVICE RENDERED AS AN
INVESTIGATOR OR SWORN OFFICER OF THE NEW YORK WATERFRONT COMMISSION,
[and] for service rendered as an investigator-trainee of the waterfront
commission of New York harbor, AND FOR SERVICE RENDERED AS AN INVESTIGA-
TOR-TRAINEE OF THE NEW YORK WATERFRONT COMMISSION, that was creditable
under subdivision w of section three hundred eighty-four-d of this arti-
cle; and
§ 7. Subdivision w of section 384-d of the retirement and social secu-
rity law, as added by chapter 407 of the laws of 2000, is amended to
read as follows:
w. Notwithstanding any other provision of law to the contrary, any
member of the New York state and local police and fire retirement system
who was a member of the New York state and local employees' retirement
system while employed as an investigator-trainee, Waterfront Commission
of New York Harbor OR THE NEW YORK WATERFRONT COMMISSION, which [is] ARE
not deemed to be police service, who [is] ARE employed by the NEW YORK
Waterfront Commission [of New York Harbor], which is an employer elect-
ing to participate in the optional twenty year retirement plan pursuant
to this section shall be deemed to have provided police service while so
employed by the Waterfront Commission of New York Harbor OR THE NEW YORK
WATERFRONT COMMISSION and shall receive creditable service in the New
York state and local police and fire retirement system for prior credit-
able service in the New York state and local employees' retirement
system earned while employed as an investigator-trainee and shall have
the period of such prior service credit counted as police service for
the purpose of determining the amount of their pension and retirement
allowance and period of service needed for retirement.
§ 8. Paragraph (c) of subdivision 1 of section 5 of the tax law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
(c) "Covered agency" shall mean the state of New York, any county of
the state of New York, any department, board, bureau, commission, divi-
sion, office, council or agency of the state or any such county, a
public authority, a public benefit corporation, the port authority of
New York and New Jersey or the waterfront commission of New York harbor.
When a county is wholly included within a city, then the term "county"
shall be read to include the city. "COVERED AGENCY" SHALL ALSO INCLUDE
THE NEW YORK WATERFRONT COMMISSION.
§ 9. Paragraph 8 of subdivision c of section 1105 of the tax law, as
added by chapter 190 of the laws of 1990, is amended to read as follows:
(8) Protective and detective services, including, but not limited to,
all services provided by or through alarm or protective systems of every
nature, including, but not limited to, protection against burglary,
theft, fire, water damage or any malfunction of industrial processes or
any other malfunction of or damage to property or injury to persons,
detective agencies, armored car services and guard, patrol and watchman
services of every nature other than the performance of such services by
a port watchman licensed by the NEW YORK WATERFRONT COMMISSION OR THE
waterfront commission of New York harbor, whether or not tangible
personal property is transferred in conjunction therewith.
§ 10. This act shall take effect June 30, 2024.
S. 8308--A 63 A. 8808--A
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would create the New York Waterfront Commission and revise
the Retirement and Social Security Law to make permanent the changes of
Chapter 187 Laws of 2023, which added the titles of investigator and
sworn officer employed by the Waterfront Commission Act, to the defi-
nition of membership in Section 381-b including making such service
creditable under RSSL §381-b, and further expand creditable service to
include service as an investigator-trainee.
If this bill is enacted during the 2024 Legislative Session, we do not
anticipate any additional cost to the State of New York or the partic-
ipating employers in the New York State and Local Police and Fire
Retirement System.
To the extent that new members gain coverage under Section 381-b of
the RSSL, we anticipate a contribution of 26.4% of salary paid to newly
eligible members for the fiscal year ending March 31, 2025. In future
years, this cost will vary but is expected to average 20.6% of salary
annually.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
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 January 13, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-082,
prepared by the Actuary for the New York State and Local Retirement
System.
PART M
Section 1. Section 2 of part DDD of chapter 55 of the laws of 2021
amending the public authorities law relating to the clean energy
resources development and incentives program, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [three years after such date] APRIL 19, 2030; provided
however, that the amendments to section 1902 of the public authorities
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
§ 2. This act shall take effect immediately.
PART N
S. 8308--A 64 A. 8808--A
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $28,725,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount assessed shall be
allocated to each electric corporation and gas corporation in proportion
to its intrastate electricity and gas revenues in the calendar year
2022. 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, 2024 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2024. Upon receipt,
the New York state energy research and development authority shall
deposit such funds in the energy 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 conservation 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 authority shall
have submitted, and the director of the budget shall have approved, a
comprehensive financial plan encompassing all moneys available to and
all anticipated commitments and expenditures by such authority from any
source for the operations of such authority. Copies of the approved
comprehensive financial plan shall be immediately submitted by the chair
to the chairs and secretaries of the legislative fiscal committees. Any
such amount not committed by such authority to contracts or contracts to
be awarded or otherwise expended by the authority during the fiscal year
shall be refunded by such authority on a pro-rata basis to such gas
and/or 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, 2024.
PART O
S. 8308--A 65 A. 8808--A
Section 1. Short title, legislative findings and declaration. This act
shall be known and may be cited as the "renewable action through project
interconnection and deployment (RAPID) act." The legislature hereby
finds and declares that:
1. To timely achieve the renewable energy and greenhouse gas reduction
targets established pursuant to the climate leadership and community
protection act ("CLCPA"), while contemporaneously maintaining the reli-
ability of the state's electric transmission system, action is needed to
consolidate and expedite the environmental review and permitting of
major renewable energy facilities and major electric utility trans-
mission facilities.
2. Since enactment of the CLCPA, it has become apparent that the
State's bulk and local transmission facilities need to be significantly
upgraded to deliver renewable energy to load. These significant
upgrades in the bulk and local transmission system must be undertaken in
an expedited timeframe consistent with the timeframe to achieve the
CLCPA targets.
3. In the context of achieving the CLCPA targets, a public policy
purpose would be served and the interests of the people of the state of
New York would be advanced by transferring the Office of Renewable Ener-
gy Siting ("ORES"), currently under the auspices of the Department of
State, to the Department of Public Service ("DPS") and providing such
office with additional responsibilities for the review and permitting of
major electric transmission facilities as set forth in this act.
4. The legislature finds that such a transfer would combine the long-
standing expertise of DPS related to transmission siting, planning and
compliance with environmental and reliability standards with ORES's
expertise related to the siting of renewable energy resources and, in so
doing, create synergies, and otherwise provide for more efficient siting
of major renewable energy and transmission facilities.
§ 2. Section 94-c of the executive law is REPEALED.
§ 3. Transfer of Office of Renewable Energy Siting. ORES, an office
established in the Department of State by the Accelerated Renewable
Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
ter 58 of the laws of 2020, is hereby transferred to and established
within the DPS, and shall continue to have all existing functions,
powers, duties and obligations of ORES together with the new additional
functions, powers, duties and obligations set forth in this act.
§ 4. Continuity of existing functions, powers, duties and obli-
gations. All of the existing functions, powers, obligations, and duties
granted to ORES by section 94-c of the executive law now repealed, are
hereby transferred, and shall be deemed to and held to constitute the
continuation of such functions, powers, duties and obligations of ORES,
and not a different agency, authority, department or office. All appli-
cations pending before ORES on the effective date of this act shall be
considered and treated as applications filed pursuant to this act as of
the date of filing of such applications.
§ 5. Transfer of employees. 1. Upon the transfer of such functions,
powers, duties and obligations pursuant to this act, provision shall be
made for the transfer of all employees of ORES situated within the
department of state into DPS pursuant to subdivision 2 of section 70 of
the civil service law. Employees so transferred shall be transferred
without further examination or qualification to the same or similar
titles, shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
S. 8308--A 66 A. 8808--A
pursuant to their collective bargaining units and collective bargaining
agreements.
2. All employees hired after the effective date of this section
shall, consistent with the provisions of article 14 of the civil service
law, be classified in the same bargaining units. Employees other than
management or confidential persons as defined in article 14 of the civil
service law serving positions in newly created titles shall be assigned
to the appropriate bargaining unit. Nothing contained herein shall be
construed to affect:
(a) the rights of employees pursuant to a collective bargaining agree-
ment; or
(b) the representational relationships among employee organizations or
the bargaining relationships between the state and an employee organiza-
tion.
§ 6. Transfer of records. All records, including but not limited to,
books, papers, and property of ORES shall be transferred and delivered
to DPS.
§ 7. Transfer and continuation of regulations; conforming changes.
Notwithstanding any inconsistent provision of the state administrative
procedure act: all rules and regulations of ORES adopted at 19 NYCRR
part 900 in force at the time of the transfer of ORES to DPS shall
continue in full force and effect as rules and regulations of the
department until duly modified or abrogated by such department; 19 NYCRR
part 900 shall be and hereby is transferred to 16 NYCRR part XXX, with
such conforming changes as shall be required to reflect the transfer and
relocation of ORES to DPS as provided in this act, without the need for
additional proceedings under the state administrative procedure act, and
shall continue in full force and effect; and notwithstanding article 8
of the environmental conservation law and its implementing regulations,
the transfer of 19 NYCRR part 900 to 16 NYCRR part XXX as provided in
this section shall be excluded from review for all purposes under the
state environmental quality review act, and shall not be subject to
review or otherwise actionable under article 78 of the civil practice
law and rules.
§ 8. Promulgation of rules and regulations. Notwithstanding any incon-
sistent provision of the state administrative procedure act, the ORES in
consultation with DPS shall be authorized to promulgate regulations on
an emergency basis to ensure the implementation of this act absent any
finding of an emergency.
§ 9. Subdivisions 3, 4 and 13 of section 2 of the public service law,
subdivisions 3 and 4 as amended by chapter 843 of the laws of 1981 and
subdivision 13 as amended by chapter 375 of the laws of 2022, are
amended and a new subdivision 2-e is added to read as follows:
2-E. THE TERM "MAJOR RENEWABLE ENERGY FACILITY," WHEN USED IN THIS
CHAPTER, MEANS ANY RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN
SECTION SIXTY-SIX-P OF THIS CHAPTER, WITH A NAMEPLATE GENERATING CAPACI-
TY OF TWENTY-FIVE THOUSAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM
STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO
DELIVERING IT TO THE BULK TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED
APPURTENANCES TO ELECTRIC PLANTS, INCLUDING ELECTRIC TRANSMISSION FACIL-
ITIES LESS THAN TEN MILES IN LENGTH IN ORDER TO PROVIDE ACCESS TO LOAD
AND TO INTEGRATE SUCH FACILITIES INTO THE STATE'S BULK ELECTRIC TRANS-
MISSION SYSTEM.
3. The term "corporation," when used in this chapter, includes a
corporation, company, association and joint-stock association other than
a corporation, company, association or joint stock association generat-
S. 8308--A 67 A. 8808--A
ing electricity, shaft horsepower, useful thermal energy or gas solely
from one or more co-generation, small hydro or alternate energy
production facilities or distributing electricity, shaft horsepower,
useful thermal energy or gas solely from one or more of such facilities
to users located at or near a project site; PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM
"CORPORATION" INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED
UNDER ARTICLE EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO,
FOR A MAJOR RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPAC-
ITY BETWEEN TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO
ARTICLE EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS
TWENTY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
4. The word "person," when used in this chapter, includes an individ-
ual, firm or co-partnership other than an individual, firm or co-part-
nership generating electricity, shaft horsepower, useful thermal energy
or gas solely from one or more co-generation, small hydro or alternate
energy production facilities or distributing electricity, shaft horse-
power, useful thermal energy or gas solely from one or more of such
facilities to users located at or near a project site; provided, howev-
er, that an individual, firm or co-partnership generating or distribut-
ing electricity or gas solely from one or more co-generation, small
hydro or alternate energy production facilities shall nevertheless be
considered a person for purposes of commission jurisdiction under arti-
cle seven of this chapter; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM "PERSON" INCLUDES THE
HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE EIGHT OF THIS
CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR RENEWABLE ENERGY
FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN TWENTY-FIVE AND
EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE EIGHT OF THIS CHAP-
TER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWENTY-FIVE AND TWENTY-
SIX OF THIS ARTICLE.
13. The term "electric corporation," when used in this chapter,
includes every corporation, company, association, joint-stock associ-
ation, partnership and person, their lessees, trustees or receivers
appointed by any court whatsoever (other than a railroad or street rail-
road corporation generating electricity solely for railroad or street
railroad purposes or for the use of its tenants and not for sale to
others) owning, operating or managing any electric plant or thermal
energy network except where electricity or thermal energy is generated
or distributed by the producer solely on or through private property for
railroad or street railroad purposes or for its own use or the use of
its tenants and not for sale to others; or except where electricity is
generated by the producer solely from one or more co-generation, small
hydro or alternate energy production facilities or distributed solely
from one or more of such facilities to users located at or near a
project site; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE TERM "ELECTRIC CORPORATION"
INCLUDES THE HOLDER OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE
EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR
RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN
TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE
EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWEN-
TY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
§ 10. The public service law is amended by adding a new section 3-c to
read as follows:
S. 8308--A 68 A. 8808--A
§ 3-C. OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
(B) "ORES" AND "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
(C) "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER, AND
THE RULES AND REGULATIONS PROMULGATED BY ORES.
2. GENERAL POWERS AND RESPONSIBILITIES. (A) THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION.
(B) ORES SHALL ACCEPT APPLICATIONS AND EVALUATE, ISSUE, AMEND, AND
APPROVE THE ASSIGNMENT AND/OR TRANSFER OF SITING PERMITS PURSUANT TO
ARTICLE EIGHT OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY AND
THROUGH THE EXECUTIVE DIRECTOR.
(C) ORES, 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 AND
ARTICLE EIGHT OF THIS CHAPTER.
(D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED UNDER THE FORMER SECTION
NINETY-FOUR-C OF THE EXECUTIVE LAW. ALL PERMITS ISSUED BY THE FORMER
OFFICE OF RENEWABLE ENERGY SITING, ESTABLISHED PURSUANT TO FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW, AND ALL CERTIFICATES OF
ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED BY THE COMMISSION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER SHALL BE CONSIDERED FOR ALL
LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
(E) ALL FINAL SITING PERMITS ISSUED BY ORES OR HERETOFORE ISSUED BY
THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW ARE HEREBY ENFORCEABLE BY
ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-FIVE AND SECTION
TWENTY-SIX OF THIS ARTICLE AS IF ISSUED BY THE COMMISSION, EXCEPT THAT
SUCH PERMITS ISSUED TO COMBINATION GAS AND ELECTRIC CORPORATIONS ARE
ALSO ENFORCEABLE BY ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-
FIVE-A OF THIS ARTICLE.
(F) AT THE REQUEST OF ORES, ALL OTHER STATE AGENCIES AND AUTHORITIES
ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO THE
OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
§ 11. Articles 8 of the public service law, as added by chapter 708 of
the laws of 1978 and as added by chapter 385 of the laws of 1972, are
REPEALED and a new article 8 is added to read as follows:
ARTICLE VIII
SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION SITING
SECTION 136. PURPOSE.
137. DEFINITIONS.
138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS
RELATED TO SITING.
139. APPLICABILITY.
140. APPLICATION AND NOTICE.
S. 8308--A 69 A. 8808--A
141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORI-
TIES; SCOPE.
142. FEES; LOCAL AGENCY ACCOUNT.
143. JUDICIAL REVIEW.
144. FARMLAND PROTECTION WORKING GROUP.
§ 136. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO CONSOLIDATE THE
ENVIRONMENTAL REVIEW, PERMITTING, AND SITING IN THIS STATE OF MAJOR
RENEWABLE ENERGY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM FOR THE
COORDINATED AND TIMELY REVIEW OF SUCH PROJECTS TO MEET THE STATE'S
RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
MISSION SYSTEM, WHILE ALSO ENSURING THE PROTECTION OF THE ENVIRONMENT
AND CONSIDERATION OF ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
FACTORS IN THE DECISION TO PERMIT SUCH PROJECTS AS MORE SPECIFICALLY
PROVIDED IN THIS ARTICLE.
§ 137. DEFINITIONS. WHERE USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "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 BUT NOT
LIMITED TO THE REQUIREMENT THAT A MINIMUM OF SEVENTY PERCENT OF THE
STATEWIDE ELECTRIC GENERATION 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 PROCURE-
MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY GENERATION
BY TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
ATION BY TWO THOUSAND TWENTY-FIVE AND TO SUPPORT THREE GIGAWATTS OF
STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
2. "DORMANT ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
OR MORE ELECTRIC GENERATING FACILITIES PRODUCED ELECTRICITY BUT HAS
PERMANENTLY CEASED OPERATING.
3. "MAJOR ELECTRIC TRANSMISSION FACILITY" MEANS AN ELECTRIC TRANS-
MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED TWENTY-FIVE KILOVOLTS
OR MORE EXTENDING A DISTANCE OF ONE MILE OR MORE, OR OF ONE HUNDRED
KILOVOLTS OR MORE AND LESS THAN ONE HUNDRED TWENTY-FIVE KILOVOLTS,
EXTENDING A DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION LINE LOCATED WHOLLY
UNDERGROUND IN A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE FEDERAL
ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
TY.
4. "MAJOR RENEWABLE ENERGY FACILITY" MEANS ANY RENEWABLE ENERGY
SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THIS CHAP-
TER, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOUSAND KILO-
WATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE BULK
TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
PLANTS, 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.
5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
OR GOVERNING BODY, INCLUDING ANY CITY, COUNTY, AND OTHER POLITICAL
SUBDIVISION OF THE STATE.
S. 8308--A 70 A. 8808--A
7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE ACCOUNT ESTAB-
LISHED PURSUANT TO SECTION ONE HUNDRED FORTY-TWO OF THIS SECTION.
8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
9. "RIGHT-OF-WAY" SHALL MEAN:
(A) REAL PROPERTY THAT IS USED OR AUTHORIZED TO BE USED FOR ELECTRIC
UTILITY PURPOSES; OR
(B) REAL PROPERTY 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. "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
TRIC TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS CHAP-
TER.
11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
12. "SITING PERMIT" SHALL MEAN THE MAJOR RENEWABLE ENERGY FACILITY
SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
LATIONS PROMULGATED BY ORES.
§ 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
SITING. 1. (A) ORES SHALL BE AUTHORIZED TO ESTABLISH AND AMEND A SET OF
UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN, CONSTRUCTION
AND OPERATION OF EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON FOR PARTICULAR CLASSES
AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES, IN CONSULTATION
WITH OTHER OFFICES WITHIN THE DEPARTMENT, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND OTHER RELE-
VANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
SUBDIVISION 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 ORES DETERMINES ARE COMMON TO
EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR-
RENEWABLE ENERGY FACILITY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE SITE-SPECIFIC ADVERSE
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. ORES SHALL DRAFT IN
CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SITE-SPE-
CIFIC 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 ORES SHALL REQUIRE THAT THE
APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDI-
TIONS SHALL ACHIEVE A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDAN-
GERED AND THREATENED SPECIES.
2. (A) WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
ORES SHALL, IN CONSULTATION WITH OTHER OFFICES WITHIN THE DEPARTMENT,
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF AGRICULTURE
AND MARKETS, AND OTHER AGENCIES WITH SUBJECT MATTER EXPERTISE, ESTABLISH
A SET OF UNIFORM STANDARDS AND CONDITIONS FOR THE SITING, DESIGN,
S. 8308--A 71 A. 8808--A
CONSTRUCTION, AND OPERATION OF MAJOR ELECTRIC TRANSMISSION FACILITIES
SUBJECT TO THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON TO SUCH
PROJECTS.
(B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
ARTICLE 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
ELECTRIC TRANSMISSION FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
ELECTRIC TRANSMISSION FACILITIES.
(C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
ELECTRIC TRANSMISSION FACILITY, ORES, IN CONSULTATION WITH THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE ADVERSE SITE-
SPECIFIC ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIB-
UTED TO BY A SPECIFIC PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY AND
ARE UNABLE TO BE ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES
SHALL DRAFT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION SITE-SPECIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS,
INCLUDING PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING
INTO ACCOUNT THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS OF, AND
PUBLIC NEED FOR THE PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY;
PROVIDED, HOWEVER, THAT ORES 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.
(D) UPON THE ESTABLISHMENT OF UNIFORM STANDARDS AND CONDITIONS
REQUIRED BY THIS SECTION AND THE PROMULGATION OF REGULATIONS SPECIFYING
THE CONTENT OF AN APPLICATION FOR A SITING PERMIT FOR A MAJOR ELECTRIC
TRANSMISSION FACILITY, AN APPLICATION FOR SUCH SITING PERMIT FOR A MAJOR
ELECTRIC TRANSMISSION FACILITY SHALL ONLY BE MADE PURSUANT TO THIS ARTI-
CLE.
3. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC PERMIT
CONDITIONS PROPOSED BY ORES, AND ORES DETERMINES THAT MITIGATION OF SUCH
IMPACTS MAY BE ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT
OF A FEE BY THE APPLICANT TO ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES
DETERMINES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION, THAT MITIGATION OF IMPACTS TO ENDANGERED OR THREATENED SPECIES
THAT ACHIEVES A NET CONSERVATION BENEFIT 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. ORES MAY REQUIRE PAYMENT OF FUNDS
SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO THE ENDANGERED AND
THREATENED SPECIES MITIGATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-NINE-HH OF THE STATE FINANCE LAW.
4. ORES SHALL IDENTIFY THE BASIS OF THE PUBLIC NEED FOR A MAJOR ELEC-
TRIC TRANSMISSION FACILITY AND SHALL GRANT PERMITS TO SUCH PROJECTS THAT
DEMONSTRATE A QUALIFIED PUBLIC NEED, SO LONG AS THE ADVERSE ENVIRON-
MENTAL IMPACTS OF THE FACILITY ARE IDENTIFIED AND ADDRESSED BY THE
UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT TO THIS ARTICLE
AND ANY SITE-SPECIFIC PERMIT CONDITIONS APPLIED TO THE FACILITY, OR
OTHERWISE MITIGATED AS PROVIDED IN THIS ARTICLE.
5. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL PROMULGATE RULES
AND REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
THE SITING PERMIT PROGRAM ESTABLISHED IN THIS ARTICLE AND PROMULGATE
MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY;
PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
S. 8308--A 72 A. 8808--A
APPLICATIONS ON AFFECTED MUNICIPALITIES AND POLITICAL SUBDIVISIONS
SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION.
§ 139. APPLICABILITY. 1. NO PERSON SHALL COMMENCE THE PREPARATION OF A
SITE FOR, OR BEGIN THE CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY FACILI-
TY IN THE STATE, OR INCREASE THE CAPACITY OF AN EXISTING MAJOR RENEWABLE
ENERGY FACILITY, WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT
TO THIS ARTICLE. EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION FIVE
OF THIS SECTION, ON AND AFTER EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS ARTICLE, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR,
OR BEGIN CONSTRUCTION OF, A MAJOR ELECTRIC TRANSMISSION FACILITY IN THE
STATE WITHOUT HAVING FIRST OBTAINED A SITING PERMIT ISSUED WITH RESPECT
TO SUCH FACILITY PURSUANT TO THIS ARTICLE. ANY MAJOR RENEWABLE ENERGY
FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE
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 SUBDIVISION SHALL EXEMPT SUCH FACILITY
FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
2. A SITING PERMIT ISSUED BY ORES 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.
3. ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A SITING PERMIT
UNDER THIS SECTION. AN AMENDMENT INITIATED BY ORES OR PERMITTEE THAT IS
LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY ADVERSE ENVIRONMENTAL
IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDITIONS OF A
SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING REQUIRE-
MENTS OF THIS SECTION.
4. 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 OF ORES OR ANY PERSON
TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
PLACE.
5. THIS SECTION SHALL NOT APPLY:
(A) TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY AGENCY
OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR
HAS JURISDICTION CONCURRENT WITH THAT OF THE STATE AND HAS EXERCISED
SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
STATE; PROVIDED, HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO EXPAND
FEDERAL JURISDICTION;
(B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
CATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY OR MAJOR
ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE, WHENEVER BUILT,
WHICH ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS AND WHICH DO NOT
CONSTITUTE A VIOLATION OF ANY APPLICABLE EXISTING PERMIT;
(C) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
TIVE DATE OF THIS ARTICLE, 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; AND
(D) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER AND ITS IMPLEMENTING REGU-
LATIONS IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STAN-
DARDS AND CONDITIONS REQUIRED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
S. 8308--A 73 A. 8808--A
6. AFTER THE EFFECTIVE DATE OF THIS ARTICLE, ANY PERSON INTENDING TO
CONSTRUCT A MAJOR ELECTRIC TRANSMISSION FACILITY EXCLUDED FROM THIS
SECTION PURSUANT TO PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION
MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING
AN APPLICATION FOR A SITING PERMIT PURSUANT TO THE REGULATIONS OF ORES
GOVERNING SUCH APPLICATIONS.
§ 140. APPLICATION AND NOTICE. 1. (A) NOTWITHSTANDING ANY LAW TO THE
CONTRARY, ORES SHALL, WITHIN SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION
FOR A SITING PERMIT WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY
SUBJECT TO THIS ARTICLE DETERMINE WHETHER THE APPLICATION IS COMPLETE
AND NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE
APPLICATION COMPLETE, ORES SHALL SET FORTH IN WRITING DELIVERED TO THE
APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOM-
PLETE. IF ORES FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING
SIXTY-DAY TIME PERIOD, 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 MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE
PROJECT IS PROPOSED TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO
SUBMISSION OF AN APPLICATION TO ORES, RELATED TO PROCEDURAL AND SUBSTAN-
TIVE REQUIREMENTS OF LOCAL LAW.
(B) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES 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, OR
NOTICE OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE MUNICI-
PALITIES OR POLITICAL SUBDIVISIONS IN WHICH SUCH PROJECT IS PROPOSED TO
BE LOCATED; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING THE NOTICE ON THE OFFICE'S AND THE DEPARTMENT'S
WEBSITE.
(C) 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 ARTICLE, THE MUNICI-
PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
FRAMES ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO ORES INDI-
CATING WHETHER THE PROPOSED PROJECT 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 ORES THAT THE PROPOSED PROJECT IS NOT DESIGNED TO
BE SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND
REGULATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON
THE APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN OR
NEAR ONE OR MORE OF THE AFFECTED MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS.
2. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ORES SHALL, WITHIN ONE
HUNDRED TWENTY DAYS AFTER ITS RECEIPT OF AN APPLICATION FOR A SITING
PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY, DETERMINE
WHETHER THE APPLICATION IS COMPLETE AND NOTIFY THE APPLICANT OF ITS
DETERMINATION. IF ORES DOES NOT DEEM THE APPLICATION COMPLETE, IT SHALL
SET FORTH IN WRITING DELIVERED TO THE APPLICANT THE REASONS WHY IT HAS
DETERMINED THE APPLICATION TO BE INCOMPLETE. IF ORES FAILS TO MAKE A
S. 8308--A 74 A. 8808--A
DETERMINATION WITHIN THE FOREGOING ONE HUNDRED TWENTY DAY TIME PERIOD,
THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEVER, THAT THE
APPLICANT MAY CONSENT TO AN EXTENSION OF THE ONE HUNDRED TWENTY DAY TIME
PERIOD FOR DETERMINING APPLICATION COMPLETENESS. PROVIDED, FURTHER,
THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF CONSULTATION WITH
THE MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED
TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICA-
TION TO ORES, RELATED TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF
LOCAL LAW.
(B) IN ADDITION TO ADDRESSING UNIFORM STANDARDS AND CONDITIONS, THE
APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANS-
MISSION FACILITY SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE, THE
FOLLOWING INFORMATION: (I) THE LOCATION OF THE SITE OR RIGHT-OF-WAY;
(II) A DESCRIPTION OF THE TRANSMISSION FACILITY TO BE BUILT THEREON;
(III) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
IMPACT OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES; (IV) A STATE-
MENT EXPLAINING THE PUBLIC NEED FOR THE FACILITY; (V) COPIES OF ANY
STUDIES OF THE ELECTRICAL PERFORMANCE AND SYSTEM IMPACTS OF THE FACILITY
PERFORMED BY THE STATE GRID OPERATOR PURSUANT TO ITS TARIFF; AND (VI)
SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR ORES
MAY BY REGULATION REQUIRE.
(C) TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON
WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE
SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
MAY BE IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW TO FILE WITH ORES
A NOTICE OF INTENT TO BE A PARTY IN THE PERMIT APPLICATION PROCEEDINGS
AND THE TIMEFRAME FOR FILING SUCH APPLICATION.
(D) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
VANT STATE AGENCY OR AUTHORITY, ORES 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, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN
NOTICE TO THE MUNICIPALITIES AND POLITICAL SUBDIVISIONS, IN WHICH THE
MAJOR ELECTRIC UTILITY TRANSMISSION IS PROPOSED TO BE LOCATED AND TO
LANDOWNERS NOTIFIED OF THE APPLICATION PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION; (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM,
HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
SIONS; AND (III) POSTING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE.
3. 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 OR OTHERWISE IN
EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPALITY OR POLI-
TICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIMEFRAMES ESTAB-
LISHED BY THIS ACT SUBMIT A STATEMENT TO ORES INDICATING WHETHER THE
PROPOSED FACILITY IS DESIGNED TO BE SITED, CONSTRUCTED AND OPERATED IN
COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS, IF ANY, CONCERN-
ING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE EVENT THAT A
MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF SUBMITS A
STATEMENT TO ORES THAT THE PROPOSED FACILITY IS NOT DESIGNED TO BE
SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND REGU-
LATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON THE
APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN THE
AFFECTED MUNICIPALITY OR POLITICAL SUBDIVISION.
4. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION PUBLISHED BY ORES
PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
S. 8308--A 75 A. 8808--A
OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS, OR MEMBERS OF
THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THAT REQUIRES ADJUDI-
CATION, ORES SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO; PROVIDED,
HOWEVER, THAT WITH RESPECT TO AN APPLICATION FOR A SITING PERMIT FOR A
MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION OF WHICH IS TO BE
LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE APPLICANT LACKS A
RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH LANDOWNER WITH AN OPPOR-
TUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC NEED GIVEN IN SUCH
APPLICATION.
5. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
THIS SECTION, AND FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS AND
AN ASSESSMENT 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 HEAR-
ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED IF ORES 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 A FINAL SITING PERMIT DETERMINATION WITH
RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY, ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART, ANY
LOCAL LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES A
FINDING THAT, AS APPLIED TO THE PROPOSED FACILITY, IT IS UNREASONABLY
BURDENSOME IN VIEW OF THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS, AND
IN THE CASE OF A TRANSMISSION FACILITY, THE PUBLIC NEED FOR THE PROPOSED
PROJECT.
6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
ORES SHALL MAKE A FINAL DECISION ON A SITING PERMIT WITHIN ONE YEAR FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS FROM
THE DATE THE APPLICATION WAS DEEMED COMPLETE IF SUCH APPLICATION RELATES
TO A MAJOR RENEWABLE ENERGY FACILITY THAT 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 OR IN EFFECT
UNDER THIS ARTICLE. UNLESS ORES AND THE APPLICANT HAVE AGREED TO AN
EXTENSION AND IF A FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY
ORES WITHIN SUCH TIME PERIOD, THEN SUCH SITING PERMIT SHALL BE DEEMED TO
HAVE BEEN AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS ARTI-
CLE AND ALL UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS ISSUED
FOR PUBLIC COMMENT SHALL CONSTITUTE ENFORCEABLE PROVISIONS OF THE SITING
PERMIT; PROVIDED, HOWEVER, THAT WITH RESPECT TO A FINAL SITING PERMIT
DECISION RELATED TO A MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION
OF WHICH IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE
APPLICANT LACKS AN EXISTING RIGHT-OF-WAY AGREEMENT, NO SUCH PERMIT MAY
BE AUTOMATICALLY GRANTED. THE FINAL SITING PERMIT RELATED TO A MAJOR
RENEWABLE ENERGY FACILITY SHALL INCLUDE A PROVISION REQUIRING THE
PERMITTEE TO PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE A HOST
COMMUNITY BENEFIT AS DETERMINED BY THE COMMISSION PURSUANT TO SECTION
EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
TWENTY OR SUCH OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
S. 8308--A 76 A. 8808--A
7. ORES, IN CONSULTATION WITH THE DEPARTMENT, MAY EXEMPT FROM THE
REQUIREMENTS OF THIS ARTICLE APPLICATIONS FOR A MAJOR ELECTRIC TRANS-
MISSION FACILITY THAT WOULD BE CONSTRUCTED SUBSTANTIALLY WITHIN EXISTING
RIGHTS-OF-WAY.
§ 141. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES;
SCOPE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING WITHOUT
LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ARTI-
CLE SEVEN OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT OR AUTHORI-
TY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR ANY AGENCY THEREOF
MAY, EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE RULES AND
REGULATIONS PROMULGATED UNDER THIS ARTICLE, 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 OR A MAJOR ELECTRIC TRANSMISSION
FACILITY WITH RESPECT TO WHICH AN APPLICATION FOR A SITING PERMIT HAS
BEEN FILED, PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL SUBDIVI-
SION OR AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE FILING
OF THE APPLICATION THEREFOR. NOTWITHSTANDING THE FOREGOING, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING AGENCY FOR
PERMITS ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED
PROGRAMS.
2. 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 OR MAJOR ELECTRIC TRANSMISSION FACILITY.
3. ORES AND THE DEPARTMENT SHALL MONITOR, ENFORCE AND ADMINISTER
COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN A SITING PERMIT
ISSUED PURSUANT TO THIS ARTICLE AND IN DOING SO MAY USE AND RELY ON
AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
§ 142. FEES; LOCAL AGENCY ACCOUNT. 1. EACH APPLICATION FOR A SITING
PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO THE FOLLOW-
ING:
(A) FOR A MAJOR RENEWABLE ENERGY FACILITY, ONE THOUSAND DOLLARS FOR
EACH THOUSAND KILOWATTS OF CAPACITY OF THE PROPOSED MAJOR RENEWABLE
ENERGY FACILITY;
(B) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER ONE HUNDRED MILES,
FOUR HUNDRED FIFTY THOUSAND DOLLARS;
(C) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES TO ONE
HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
(D) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW RIGHT-
OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
(E) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING AN EXISTING
RIGHT-OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
2. SUCH FEE IS TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS THE LOCAL
AGENCY ACCOUNT ESTABLISHED FOR THE BENEFIT OF LOCAL AGENCIES AND COMMU-
NITY 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. ORES, IN CONSULTATION WITH THE
DEPARTMENT, 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 ORES OR THE DEPARTMENT PURSUANT TO
S. 8308--A 77 A. 8808--A
THIS ARTICLE OR IN EFFECT AS OF THE EFFECTIVE DATE OF THIS ARTICLE, FOR
THE PARTICIPATION OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC
COMMENT PERIODS OR HEARING PROCEDURES ESTABLISHED BY THIS ARTICLE,
INCLUDING THE RULES AND REGULATIONS PROMULGATED HERETO; PROVIDED THAT
FEES MUST BE DISBURSED FOR MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN
AGENCY THEREOF, TO DETERMINE WHETHER A PROPOSED PROJECT IS DESIGNED TO
BE SITED, CONSTRUCTED AND OPERATED IN COMPLIANCE WITH THE APPLICABLE
LOCAL LAWS AND REGULATIONS.
3. 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.
4. TO THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS PURSUANT TO
ARTICLES SEVEN OR TEN OF THIS CHAPTER AND HAS NOW FILED AN APPLICATION
FOR A SITING PERMIT PURSUANT TO THIS ARTICLE, ANY AMOUNTS HELD IN AN
INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES SEVEN AND TEN OF
THIS CHAPTER FOR THAT PROJECT SHALL BE APPLIED TO THE INTERVENOR ACCOUNT
ESTABLISHED BY THIS SECTION.
5. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE OFFICE; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT
TO SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR
SUCH COSTS.
6. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
OR THE DEPARTMENT, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO THIS
ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
PURSUANT TO TITLE NINE-C OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES
LAW; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT TO
SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR SUCH
COSTS.
§ 143. JUDICIAL REVIEW. 1. ANY PARTY AGGRIEVED BY THE ISSUANCE OR
DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
SUCH DECISION AS PROVIDED IN THIS SECTION.
2. A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD DEPARTMENT OF
THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK.
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 ORES
TOGETHER WITH PROOF OF SERVICE OF A DEMAND ON ORES TO FILE WITH SAID
COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
A COPY OF ORES'S DECISION AND OPINION. ORES'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 ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY OF THE RECORD
AND A COPY OF ORES'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
S. 8308--A 78 A. 8808--A
SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS OF
JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
LATE DIVISION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
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
COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
OVER ALL OTHER MATTERS.
3. THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
TO WHETHER THE DECISION AND OPINION OF ORES 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 STATUTORY JURISDICTION OR AUTHORITY OF ORES AND THE
DEPARTMENT;
(D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
(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 OR PROJECT REGARDLESS OF AGE, RACE,
COLOR, NATIONAL ORIGIN AND INCOME.
4. EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
§ 144. FARMLAND PROTECTION WORKING GROUP. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT A FARMLAND PROTECTION WORKING GROUP CONSIST-
ING OF APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
(A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
(B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
(C) THE EXECUTIVE DIRECTOR OF ORES;
(D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
(E) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY;
(F) LOCAL GOVERNMENT OFFICIALS OR REPRESENTATIVES FROM MUNICIPAL
ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
(G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
PROTECTION BOARDS.
2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION, RECOMMEND STRATEGIES TO ENCOURAGE AND FACILITATE
INPUT FROM MUNICIPALITIES IN THE SITING PROCESS AND TO DEVELOP RECOMMEN-
DATIONS THAT INCLUDE APPROACHES TO RECOGNIZE THE VALUE OF VIABLE AGRI-
CULTURAL LAND AND METHODS TO MINIMIZE ADVERSE IMPACTS TO ANY SUCH LAND
RESULTING FROM THE SITING OF MAJOR RENEWABLE ENERGY FACILITIES.
3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
AGRICULTURE AND MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
AT SUCH OTHER TIMES AS MAY BE NECESSARY.
§ 12. The public service law is amended by adding a new section 174 to
read as follows:
§ 174. MAJOR STEAM ELECTRIC GENERATING FACILITIES CERTIFICATES. ANY
CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED TO A
MAJOR STEAM ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE EIGHT
OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
MENT AS IF SUCH CERTIFICATE WAS ISSUED UNDER ARTICLE TEN OF THIS CHAP-
TER.
S. 8308--A 79 A. 8808--A
§ 13. Subdivision (B) of section 206 of the eminent domain procedure
law is amended to read as follows:
(B) pursuant to article VII [or article VIII] of the public service
law it obtained a certificate of environmental compatibility and public
need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY or;
§ 14. Subparagraph (g) of paragraph 3 of subdivision (B) of section
402 of the eminent domain procedure law is amended to read as follows:
(g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law[, or major steam electric generating facility
as defined in section one hundred forty of such law] with respect to
which a certificate of environmental compatibility and public need has
been issued under such law, a statement that such certificate relating
to such property has been issued and is in force, OR IF THE PROPERTY IS
TO BE USED FOR THE CONSTRUCTION OF A MAJOR ELECTRIC TRANSMISSION FACIL-
ITY, AS DEFINED UNDER ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, WITH
RESPECT TO WHICH A SITING PERMIT HAS BEEN ISSUED UNDER SUCH LAW, A
STATEMENT THAT SUCH PERMIT RELATING TO SUCH PROPERTY HAS BEEN ISSUED AND
IS IN FORCE.
§ 15. Subdivision 7 of section 6-106 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
7. Any person who participated in the state energy planning proceeding
or any person who sought an amendment of the state energy plan pursuant
to subdivision six of this section, may obtain, pursuant to article
seventy-eight of the civil practice law and rules, judicial review of
the board's decision adopting a plan, or any amendment thereto, or of
the board's decision not to amend such plan pursuant to subdivision six
of this section. Any such special proceeding shall be brought in the
appellate division of the supreme court of the state of New York for the
third judicial department. Such proceeding shall be initiated by the
filing of a petition in such court within thirty days after the issuance
of a decision by the board. The proceeding shall have a lawful prefer-
ence over any other matter, shall be heard on an expedited basis and
shall be completed in all respects, including any subsequent appeal,
within one hundred eighty days of the filing of the petition. Where more
than one such petition is filed, the court may provide for consolidation
of the proceedings. Notwithstanding the provisions of [article] ARTICLES
seven AND EIGHT of the public service law, the procedure set forth in
this section shall constitute the exclusive means for seeking judicial
review of any element of the plan.
§ 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
mental conservation law, as amended by section 1 of part BBB of chapter
55 of the laws of 2021, is amended to read as follows:
(b) Actions subject to the provisions requiring a certificate of envi-
ronmental compatibility and public need in articles seven[,] AND ten
[and the former article eight] of the public service law or requiring a
siting permit under [section ninety-four-c of the executive law] ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW; or
§ 17. Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
ronmental conservation law, as added by chapter 292 of the laws of 1984,
is amended to read as follows:
(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
S. 8308--A 80 A. 8808--A
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
article eight of the public service law] OR A MAJOR ELECTRIC TRANS-
MISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
EIGHT OF THE PUBLIC SERVICE LAW, upon the filing of such certificate OR
PERMIT in a manner prescribed for recording a conveyance of real proper-
ty pursuant to section two hundred ninety-one of the real property law
or any other applicable provision of law.
§ 18. Paragraph (e) of subdivision 3 of section 49-0307 of the envi-
ronmental conservation law, as amended by chapter 388 of the laws of
2011, is amended to read as follows:
(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
the former article eight of the public service law], A MAJOR ELECTRIC
TRANSMISSION FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO
ARTICLE EIGHT OF THE PUBLIC SERVICE LAW, or a major electric generating
facility or repowering project which has received a certificate of envi-
ronmental compatibility and public need pursuant to article ten of the
public service law, upon the filing of such certificate OR PERMIT in a
manner prescribed for recording a conveyance of real property pursuant
to section two hundred ninety-one of the real property law or any other
applicable provision of law, provided that such certificate OR PERMIT
contains a finding that the public interest in the conservation and
protection of the natural resources, open spaces and scenic beauty of
the Adirondack or Catskill parks has been considered.
§ 19. Paragraph (p) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(p) Nothing in this subdivision or subdivision twenty-seven-b of this
section, shall be construed as exempting the authority, its subsid-
iaries, or any renewable energy generating projects undertaken pursuant
to this section from the requirements of [section ninety-four-c of the
executive law] ARTICLE EIGHT OF THE PUBLIC SERVICE LAW respecting any
renewable energy system developed by the authority or an authority
subsidiary after the effective date of this subdivision that meets the
definition of "major renewable energy facility" as defined in [section
ninety-four-c of the executive law and section eight of part JJJ of
chapter fifty-eight of the laws of two thousand twenty] ARTICLE EIGHT OF
THE PUBLIC SERVICE LAW, as it relates to host community benefits, and
section 11-0535-c of the environmental conservation law as it relates to
an endangered and threatened species mitigation bank fund.
§ 20. Section 1014 of the public authorities law, as amended by chap-
ter 388 of the laws of 2011, is amended to read as follows:
§ 1014. Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services and practices
relating to the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the public service law
applies to the siting and operation of a major utility transmission
facility as defined therein, ARTICLE EIGHT OF THE PUBLIC SERVICE LAW
S. 8308--A 81 A. 8808--A
APPLIES TO THE SITING AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION
FACILITY AS DEFINED THEREIN, and article ten of the public service law
applies to the siting of a major electric generating facility as defined
therein, and except to the extent section eighteen-a of the public
service law provides for assessment of the authority for certain costs
relating thereto, the provisions of the public service law and of the
environmental conservation law and every other law relating to the
department of public service or the public service commission or to the
environmental conservation department or to the functions, powers or
duties assigned to the division of water power and control by chapter
six hundred nineteen of the laws of nineteen hundred twenty-six, shall
so far as is necessary to make this title effective in accordance with
its terms and purposes be deemed to be superseded, and wherever any
provision of law shall be found in conflict with the provisions of this
title or inconsistent with the purposes thereof, it shall be deemed to
be superseded, modified or repealed as the case may require.
§ 21. Subdivision 1 of section 1020-s of the public authorities law,
as amended by chapter 681 of the laws of 2021, is amended to read as
follows:
1. The rates, services and practices relating to the electricity
generated by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,
or the jurisdiction of, the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) ARTICLE EIGHT OF THE PUBLIC SERVICE LAW APPLIES TO THE SITING
AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THER-
EIN, (C) article ten of such law applies to the siting of a generating
facility as defined therein, [(c)] (D) section eighteen-a of such law
provides for assessment for certain costs, property or operations, [(d)]
(E) to the extent that the department of public service reviews and
makes recommendations with respect to the operations and provision of
services of, and rates and budgets established by, the authority pursu-
ant to section three-b of such law, [(e)] (F) that section seventy-four
of the public service law applies to qualified energy storage systems
within the authority's jurisdiction, and [(f)] (G) that section seven-
ty-four-b of the public service law applies to Long Island community
choice aggregation programs.
§ 22. Paragraph (b) of subdivision 1 of section 1020-ii of the public
authorities law, as amended by chapter 201 of the laws of 2019, is
amended to read as follows:
(b) "utility transmission facility" means any electric transmission
line operating at sixty-five kilovolts or higher in the service area,
including associated equipment. It shall not include any transmission
line which is an in-kind replacement or which is located wholly under-
ground. This section also shall not apply to any major [utility] ELEC-
TRIC transmission facility subject to the jurisdiction of article seven
of the public service law; and
§ 23. Paragraph c of subdivision 8 of section 1020-c of the public
authorities law, as amended by chapter 388 of the laws of 2011, is
amended to read as follows:
c. Article [seven] EIGHT of the public service law shall apply to the
authority's siting and operation of a major ELECTRIC transmission facil-
ity as therein defined and article ten of the public service law shall
apply to the authority's siting and operation of a major electric gener-
ating facility as therein defined.
S. 8308--A 82 A. 8808--A
§ 24. Subdivision 4 of section 18-a of the public service law, as
amended by chapter 447 of the laws of 1972, is amended to read as
follows:
4. In the case of the power authority of the state of New York, the
[chairman] CHAIRPERSON of the department shall ascertain from time to
time, but not less than once in each fiscal year, all direct and indi-
rect costs of investigating requests by the power authority of the state
of New York to establish new, major [utility] ELECTRIC transmission
facilities [as defined in article seven of this chapter] AND MAJOR
RENEWABLE ENERGY FACILITIES or to establish new, major [steam] electric
generating facilities [as defined in article eight of this chapter]. The
[chairman] CHAIRPERSON shall for each such investigation assess such
costs against the power authority of the state of New York. Bills for
such an investigation may be rendered from time to time, but not less
than once in each fiscal year, and the amount of such bills shall be
paid by the power authority of the state of New York to the department
within thirty days from the date of rendition.
§ 25. Subdivision 2 of section 160 of the public service law, as added
by chapter 388 of the laws of 2011, is amended to read as follows:
2. "Major electric generating facility" means an electric generating
facility with a nameplate generating capacity of twenty-five thousand
kilowatts or more, including interconnection electric transmission lines
THAT ARE NOT SUBJECT TO REVIEW UNDER ARTICLE EIGHT OF THIS CHAPTER and
fuel gas transmission lines that are not subject to review under article
seven of this chapter.
§ 26. Paragraph (e) of subdivision 4 of section 162 of the public
service law, as added by section 3 of part JJJ of chapter 58 of the laws
of 2020, is amended to read as follows:
(e) To a major renewable energy facility as such term is defined in
[section ninety-four-c of the executive law] SECTION EIGHT OF THIS CHAP-
TER; 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] ARTICLE
EIGHT OF THIS CHAPTER.
§ 27. Subdivision 3 of section 11-103 of the energy law, as amended by
chapter 374 of the laws of 2022, is amended to read as follows:
3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features and clean energy features applicable to the construction of any
building, including but not limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by any
other state agency, incorporating specific energy conservation and clean
energy requirements applicable to the construction of any building,
shall be superseded by the code promulgated pursuant to this section.
Notwithstanding the foregoing, nothing in this section shall be deemed
to expand the powers of the council to include matters that are exclu-
sively within the statutory jurisdiction of the public service commis-
sion, the department of environmental conservation, [the office of
renewable energy siting] or another state entity.
S. 8308--A 83 A. 8808--A
§ 28. Paragraph (d) of subdivision 27-a of section 1005 of the public
authorities law, as added by section 1 of part QQ of chapter 56 of the
laws of 2023, is amended to read as follows:
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, [the
office of renewable energy siting,] the department of public service,
climate and resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's progress on
meeting the renewable energy goals established by the climate leadership
and community protection act. When exercising the authority provided for
in paragraph (a) of this subdivision, the information developed through
such conferral shall be used to identify projects to help ensure that
the state meets its goals under the climate leadership and community
protection act. Any conferral provided for in this paragraph shall
include consideration of the timing of projects in the interconnection
queue of the federally designated electric bulk system operator for New
York state, taking into account both capacity factors or planned
projects and the interconnection queue's historical completion rate. A
report on the information developed through such conferral shall be
published and made accessible on the website of the authority.
§ 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
1005 of the public authorities law, as added by section 1 of part QQ of
chapter 56 of the laws of 2023, is amended to read as follows:
(i) Beginning in two thousand twenty-five, and biennially thereafter
until two thousand thirty-three, the authority, in consultation with the
New York state energy research and development authority, [the office of
renewable energy siting,] the department of public service, and the
federally designated electric bulk system operator for New York state,
shall develop and publish biennially a renewable energy generation stra-
tegic plan ("strategic plan") that identifies the renewable energy
generating priorities based on the provisions of paragraph (a) of this
subdivision for the two-year period covered by the plan as further
provided for in this paragraph.
§ 30. Subdivision l of section 7208 of the education law, as amended
by section 15 of part A of chapter 173 of the laws of 2013, is amended
to read as follows:
l. The practice of engineering or land surveying, or using the title
"engineer" or "surveyor" (i) exclusively as an officer or employee of a
public service corporation by rendering to such corporation such
services in connection with its lines and property which are subject to
supervision with respect to the safety and security thereof by the
public service commission of this state, the interstate commerce commis-
sion or other federal regulatory body and so long as such person is thus
actually and exclusively employed and no longer[, or]; (ii) exclusively
as an officer or employee of the Long Island power authority or its
service provider, as defined under section three-b of the public service
law, by rendering to such authority or provider such services in
connection with its lines and property which are located in such author-
ity's service area and so long as such person is thus actually and
exclusively employed and no longer; OR (III) EXCLUSIVELY AS AN OFFICER
OR EMPLOYEE OF THE DEPARTMENT OF PUBLIC SERVICE BY RENDERING TO SUCH
DEPARTMENT SUCH SERVICES IN CONNECTION WITH REVIEWING THE DESIGN,
CONSTRUCTION AND OPERATION OF UTILITY INFRASTRUCTURE AND SO LONG AS SUCH
PERSON IS THUS ACTUALLY AND EXCLUSIVELY EMPLOYED AND NO LONGER;
S. 8308--A 84 A. 8808--A
§ 31. The public service commission shall commence a proceeding within
ninety days of the effective date of this act to consider metrics
related to the timely interconnection of distributed generation
resources into the distribution system owned by an electric corporation,
as well as negative revenue adjustments related to such metrics.
§ 32. This act shall take effect immediately; provided that the amend-
ments to paragraph (e) of subdivision 4 of section 162 of the public
service law made by section twenty-six of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith.
PART P
Section 1. Short title. This act shall be known and may be cited as
the "affordable gas transition act".
§ 2. Legislative findings. The legislature finds and declares that:
1. The public service law (the "PSL") establishes the public service
commission ("commission") and department of public service ("depart-
ment") and charges them to ensure that New York residents have safe and
reliable access to energy at rates that are just and reasonable. These
bedrock principles have persisted and guided commission decisions even
as policy priorities and the technologies relied upon by regulated util-
ities and their customers have changed.
2. The climate leadership and community protection act (the "CLCPA")
requires significant greenhouse gas emission reductions from all sectors
of New York's economy and directs state agencies and authorities to
prioritize equity for the communities and workers most directly affected
as they pursue those reductions.
3. Buildings account for approximately one-third of the greenhouse gas
emissions in New York state and produce local air pollution, with
significant adverse health impacts. Reducing the greenhouse gas emis-
sions and local air pollution emitted from New York's buildings, espe-
cially in disadvantaged communities, is necessary to comply with the
CLCPA.
4. Consumers' growing adoption of new electric technologies for space
heating, water heating, cooking, and other functions will increasingly
require responsive changes on the part of electric and gas corporations.
The trend toward electrification is expected to eventually pose a funda-
mental challenge to gas corporations' longstanding business model and,
in particular, make it difficult for gas corporations to recover the
full costs of their extensive infrastructure networks from consumers.
5. To enable the commission to plan effectively for a changing legal
and technological landscape, New York must update how it regulates the
service provided by gas corporations. Appropriate statutory updates will
enable alignment between energy infrastructure investments, changing
technological options and consumer preferences, and the two thousand
thirty and two thousand fifty greenhouse gas emission reduction mandates
in article seventy-five of the environmental conservation law. Without
such updates, it will become increasingly difficult to ensure all New
Yorkers have access to the energy they need for heating, cooling, and
powering the buildings in which they live and work at just and reason-
able rates.
6. The New York State public service law requires utilities to expand
natural gas infrastructure in response to requests from consumers, even
when the foreseeable costs of such expansion promise to become unmanage-
able, and alternatives would be more cost-effective. In this way, the
public service law constrains the commission and department from ensur-
S. 8308--A 85 A. 8808--A
ing that utilities respond appropriately to a changing marketplace and
the CLCPA's emission reduction requirements.
a. Statutorily mandated utility system extension allowances shift the
significant costs of new customer hookups to existing customers, creat-
ing strong incentives to expand reliance on natural gas and the infras-
tructure that delivers it while obscuring the costs of such expansion to
all stakeholders.
b. Citing their obligation under the public service law, gas corpo-
rations in New York continue investing in the expansion of gas infras-
tructure despite the risk of that infrastructure becoming a stranded
asset. These investments are made at the expense of alternative
solutions available to utility customers today.
c. Gas corporations' obligation to serve, codified in the public
service law, is a major obstacle to development of neighborhood-scale
building decarbonization projects that would help align energy system
investments with the two thousand thirty and two thousand fifty green-
house gas emission reduction mandates in article seventy-five of the
environmental conservation law in a manner that mitigates costs for all
utility customers and ensures a just transition for impacted workers.
7. Now that multiple liquified natural gas export terminals have inte-
grated domestic sources of natural gas into the international market,
New Yorkers that rely on natural gas may face generally higher fuel
prices and greater price volatility. Decarbonizing buildings, investing
in energy efficiency, and developing renewable sources of electricity
will all yield greater energy security and savings for New York energy
consumers.
8. Thus, it is the intent of the legislature to enact the affordable
gas transition act for the following purposes:
a. to ensure that regulation and oversight of gas utilities pursuant
to the public service law will provide for the timely and strategic
management of the gas system in light of changing technologies and
consumer preferences, greenhouse gas emission reduction requirements,
the need to keep energy affordable for all consumers, and the need to
ensure a just transition for affected communities and workers;
b. to provide the commission with statutory authority and direction to
align its regulations and gas and electric corporations' planning
efforts with ongoing changes in technology and consumer preferences as
well as the CLCPA's requirements;
c. to end statutorily mandated incentives for the expansion of fossil
fuel infrastructure while maintaining the equitable provision of elec-
tric service for efficient heating, cooling, cooking, hot water, and
other uses;
d. to address barriers to the provision of affordable access to elec-
tricity for heating and cooling for low-income and moderate-income
consumers; and
e. to clarify that municipal building codes regulating on-site emis-
sions are not preempted under New York state law.
9. This legislation does not establish a ban on the use of gas. It is
neither the intent nor would it be the effect of this legislation to
require the immediate transition of any existing gas customer to alter-
native heating and cooling services.
§ 3. Subdivision 1 of section 4 of the public service law, as amended
by chapter 594 of the laws of 2021, is amended to read as follows:
1. There shall be in the department of public service a public service
commission, which shall possess the powers and duties hereinafter speci-
fied, and also all powers necessary or proper to enable it to carry out
S. 8308--A 86 A. 8808--A
the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW. The commission shall consist of five
members, to be appointed by the governor, by and with the advice and
consent of the senate. A commissioner shall be designated as [chairman]
CHAIRPERSON of the commission by the governor to serve in such capacity
at the pleasure of the governor or until [his] THEIR term as commission-
er expires whichever first occurs. At least one commissioner shall have
experience in utility consumer advocacy. No more than three commission-
ers may be members of the same political party unless, pursuant to
action taken under subdivision two of this section, the number of
commissioners shall exceed five, and in such event no more than four
commissioners may be members of the same political party.
§ 4. Paragraph b of subdivision 1 and subdivision 2 of section 5 of
the public service law, paragraph b of subdivision 1 as amended and
subdivision 2 as added by chapter 155 of the laws of 1970, are amended
to read as follows:
b. To the manufacture, conveying, transportation, sale or distribution
of gas (natural or manufactured or mixture of both) and electricity for
light, heat, COOLING, or power, to gas plants and to electric plants and
to the persons or corporations owning, leasing or operating the same.
2. The commission shall encourage all persons and corporations subject
to its jurisdiction to formulate and carry out long-range programs,
individually or cooperatively, for the performance of their public
service responsibilities, INCLUDING THE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW, with economy, efficiency, and care for
the public safety, the preservation of environmental values and the
conservation of natural resources.
§ 5. Section 30 of the public service law, as amended by chapter 686
of the laws of 2002, is amended to read as follows:
§ 30. Residential gas, electric and steam service policy. 1. This
article shall apply to the provision of all or any part of the gas,
electric or steam service provided to any residential customer by any
gas, electric or steam and municipalities corporation or municipality.
It is hereby declared to be the policy of this state that the continued
provision of [all or any part of such gas,] electric and steam service
to all residential customers without unreasonable qualifications or
lengthy delays is necessary for the preservation of the health and
general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF THE STATE'S
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, and is in the public interest.
IT IS FURTHER THE POLICY OF THIS STATE THAT GAS SERVICE FOR EXISTING
RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE AND
ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL
RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY GAS SYSTEM
TRANSITION TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER-
VATION LAW, PRIORITIZING LOW-TO-MODERATE INCOME CUSTOMERS AND DISADVAN-
TAGED COMMUNITIES AS DEFINED IN ARTICLE SEVENTY-FIVE OF THE ENVIRON-
MENTAL CONSERVATION LAW, AND ENCOURAGING NEIGHBORHOOD-SCALE TRANSITIONS.
2. THE COMMISSION SHALL REGULATE FOR THE CONTINUED PROVISION OF GAS
SERVICE TO ALL EXISTING RESIDENTIAL CUSTOMERS WHO CHOOSE TO CONTINUE
SERVICE, UNLESS SUCH SERVICE IS DISCONTINUED PURSUANT TO A PROGRAM
APPROVED BY THE COMMISSION. THE COMMISSION SHALL ONLY APPROVE PROGRAMS
THAT ENSURE AFFECTED CUSTOMERS RETAIN CONTINUOUS ACCESS TO SAFE, RELI-
S. 8308--A 87 A. 8808--A
ABLE, AND AFFORDABLE ENERGY SERVICES AND CAN SECURE ADEQUATE SUBSTITUTES
FOR GAS-FIRED SPACE HEATING, WATER HEATING, AND COOKING APPLIANCES PRIOR
TO THE DISCONTINUANCE OF GAS SERVICE.
§ 6. Subdivisions 1, 3 and 4 of section 31 of the public service law,
as added by chapter 713 of the laws of 1981, are amended and a new
subdivision 4-a is added to read as follows:
1. Every gas corporation, electric corporation or municipality shall
provide residential service upon the oral or written request of an
applicant, provided that ANY RESIDENTIAL GAS SERVICE SHALL ONLY BE
PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, AND PROVIDED
FURTHER THAT the commission may require that requests for service be in
writing under circumstances as it deems necessary and proper as set
forth by regulation, and provided further that the applicant:
(a) makes full payment for residential utility service provided to a
prior account in [his] THE APPLICANT'S name; or
(b) agrees to make payments under a deferred payment plan of any
amounts due for service to a prior account in [his] THE APPLICANT'S name
and makes a down payment based on criteria to be established by the
commission. No such down payment shall exceed one-half of any money due
from an applicant for residential utility service, or three months aver-
age billing, whichever is less; or
(c) is a recipient of public assistance, supplemental security income
or additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments, and the utility
corporation or the municipality receives payment from, or is notified of
the applicant's eligibility for utility payments by the social services
official of the social services district in which such person resides
for amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent authorized by
the social services law; AND
(D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
TRIC CORPORATION, OR MUNICIPALITY, WRITTEN IN PLAIN LANGUAGE ON INCEN-
TIVES AND OPPORTUNITIES FOR INSTALLING ENERGY-EFFICIENT ELECTRIC HEATING
AND COOLING TECHNOLOGIES, WEATHERIZATION, DEMAND-SIDE MANAGEMENT, AND
DISTRIBUTED ENERGY RESOURCE PROGRAMS.
(E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT EXIST-
ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND
SUBJECT TO ANY OTHER REGULATIONS IMPLEMENTED BY THE COMMISSION, FROM
RECONNECTING TO THE GAS CORPORATION'S SYSTEM FOLLOWING A GAS INTER-
RUPTION DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
3. Subject to the requirements of subdivisions four, FOUR-A, and five
of this section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE,
whenever a residential customer moves to a new residence within the
service territory of the same utility corporation or municipality, [he]
THE APPLICANT shall be eligible to receive service at the new residence
and such service shall be considered a continuation of service [in all
respects], with any deferred payment agreement honored, and with all
rights of such customer and such utility corporation provided by this
article unimpaired.
4. In the case of any application for service to a building which is
not supplied with electricity [or gas], a utility corporation or munici-
pality shall be obligated to provide ELECTRIC service to such a build-
ing, provided however, that the commission may require applicants for
service to buildings located in excess of one hundred feet from [gas or]
electric transmission lines to pay or agree in writing to pay material
S. 8308--A 88 A. 8808--A
and installation costs relating to the applicant's proportion of the
[pipe,] conduit, duct or wire, or other facilities to be installed.
4-A. IN THE CASE OF ANY APPLICATION FOR GAS SERVICE TO A BUILDING
WHICH IS NOT SUPPLIED WITH GAS, A UTILITY CORPORATION OR MUNICIPALITY
SHALL PROVIDE GAS SERVICE TO SUCH A BUILDING AS AUTHORIZED BY THE
COMMISSION, PROVIDED HOWEVER, THAT THE COMMISSION MAY REQUIRE APPLICANTS
FOR GAS SERVICE TO BUILDINGS TO PAY OR AGREE IN WRITING TO PAY MATERIAL
AND INSTALLATION COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER
FACILITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 7. Section 12 of the transportation corporations law, as separately
amended by chapters 713 and 895 of the laws of 1981, is amended to read
as follows:
§ 12. [Gas and electricity] ELECTRICITY must be supplied on applica-
tion. Except in the case of an application for residential utility
service pursuant to article two of the public service law, upon written
application of the owner or occupant of any building within one hundred
feet of any [main of a gas corporation or gas and electric corporation,
or a] line of an electric corporation or gas and electric corporation,
appropriate to the service requested, and payment by [him] THE APPLICANT
of all money due from [him] THE APPLICANT to the corporation, it shall
supply [gas or] electricity as may be required for [lighting] such
building, notwithstanding there be rent or compensation in arrears for
gas or electricity supplied, or for meter, wire, pipe or fittings
furnished, to a former occupant thereof, unless such owner or occupant
shall have undertaken or agreed with the former occupant to pay or to
exonerate [him] THEM from the payment of such arrears, and shall refuse
or neglect to pay the same; and if for the space of ten days after such
application, and the deposit of a reasonable sum [as provided in the
next section], if required, the corporation shall refuse or neglect to
supply [gas or electric light] ELECTRICITY as required, such corporation
shall forfeit and pay to the applicant the sum of ten dollars, and the
further sum of five dollars for every day thereafter during which such
refusal or neglect shall continue; provided that no such corporation
shall be required to lay service [pipes or] wires for the purpose of
supplying [gas or electric light] ELECTRICITY to any applicant where the
ground in which such [pipe or] wire is required to be laid shall be
frozen, or shall otherwise present serious obstacles to laying the same;
nor unless the applicant, if required, shall deposit in advance with the
corporation a sum of money sufficient to pay the cost of [his propor-
tion] THE APPLICANT'S PORTION of the [pipe,] conduit, duct or wire
required to be installed, and the expense of the installation of such
portion.
§ 8. The transportation corporations law is amended by adding a new
section 13 to read as follows:
§ 13. GAS MUST BE SUPPLIED IN ACCORDANCE WITH PUBLIC SERVICE COMMIS-
SION RULES AND REGULATIONS. EXCEPT IN THE CASE OF AN APPLICATION FOR
RESIDENTIAL UTILITY SERVICE PURSUANT TO ARTICLE TWO OF THE PUBLIC
SERVICE LAW, UPON WRITTEN APPLICATION OF THE OWNER OR OCCUPANT OF ANY
BUILDING WITHIN ONE HUNDRED FEET OF ANY MAIN OF A GAS CORPORATION OR GAS
AND ELECTRIC CORPORATION APPROPRIATE TO THE SERVICE REQUESTED, AND
PAYMENT BY THE APPLICANT OF ALL MONEY DUE FROM THE APPLICANT TO THE
CORPORATION, IT SHALL SUPPLY GAS FOR SUCH BUILDING AS AUTHORIZED BY THE
COMMISSION, NOTWITHSTANDING THERE BE RENT OR COMPENSATION IN ARREARS FOR
GAS SUPPLIED, OR FOR METER, PIPE OR FITTINGS FURNISHED, TO A FORMER
OCCUPANT THEREOF, UNLESS SUCH OWNER OR OCCUPANT SHALL HAVE UNDERTAKEN OR
AGREED WITH THE FORMER OCCUPANT TO PAY OR TO EXONERATE THEM FROM THE
S. 8308--A 89 A. 8808--A
PAYMENT OF SUCH ARREARS, AND SHALL REFUSE OR NEGLECT TO PAY THE SAME;
AND IF FOR THE SPACE OF TEN DAYS AFTER SUCH APPLICATION, AND THE DEPOSIT
OF A REASONABLE SUM, IF REQUIRED, THE CORPORATION SHALL REFUSE OR
NEGLECT TO SUPPLY GAS AS REQUIRED PURSUANT TO PUBLIC SERVICE COMMISSION
RULES AND REGULATIONS, SUCH CORPORATION SHALL FORFEIT AND PAY TO THE
APPLICANT THE SUM OF TEN DOLLARS, AND THE FURTHER SUM OF FIVE DOLLARS
FOR EVERY DAY THEREAFTER DURING WHICH SUCH REFUSAL OR NEGLECT SHALL
CONTINUE; PROVIDED THAT NO SUCH CORPORATION SHALL BE REQUIRED TO LAY
SERVICE PIPES FOR THE PURPOSE OF SUPPLYING GAS TO ANY APPLICANT WHERE
THE GROUND IN WHICH SUCH PIPE IS REQUIRED TO BE LAID SHALL BE FROZEN, OR
SHALL OTHERWISE PRESENT SERIOUS OBSTACLES TO LAYING THE SAME; NOR UNLESS
THE APPLICANT, IF REQUIRED, SHALL DEPOSIT IN ADVANCE WITH THE CORPO-
RATION A SUM OF MONEY SUFFICIENT TO PAY THE MATERIAL AND INSTALLATION
COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER FACILITIES TO BE
INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 9. Subdivision 2 of section 66 of the public service law, as amended
by chapter 877 of the laws of 1953, is amended and two new subdivisions
2-b and 12-e are added to read as follows:
2. Investigate and ascertain, from time to time, the quality of gas
supplied by persons, corporations and municipalities; examine or inves-
tigate the methods employed by such persons, corporations and munici-
palities in manufacturing, distributing and supplying gas or electricity
for light, heat, COOLING, or power and in transmitting the same, and
have power to order such reasonable improvements as will best promote
the public interest, preserve the public health and protect those using
such gas or electricity and those employed in the manufacture and
distribution thereof, and have power to order reasonable improvements
and extensions of the works, wires, poles, lines, conduits, ducts and
other reasonable devices, apparatus and property of gas corporations,
electric corporations and municipalities; and have power after an inves-
tigation and a hearing to order any corporation having authority under
any general or special law or under any charter or franchise, to lay
down, erect or maintain wires, pipes, conduits, ducts or other fixtures
in, over or under the streets, highways and public places of any munici-
pality for the purpose of supplying, selling or distributing natural
gas, to augment its supply of natural gas, whenever the commission deems
necessary and whenever artificial gas can be reasonably obtained, by
acquiring by purchase, manufacture or otherwise a supply thereof to be
mixed with such natural gas, in order to render adequate service to the
customers of such corporation or to maintain a proper and uniform pres-
sure; and have power after an investigation and a hearing to order any
corporation having authority under any general or special law or under
any charter or franchise, to lay down, erect or maintain wires, pipes,
conduits, ducts or other fixtures in, over or under the streets, high-
ways and public places of any municipality for the purpose of supplying,
selling or distributing artificial gas, to augment its supply of artifi-
cial gas, whenever the commission deems necessary and whenever natural
gas can be reasonably obtained, by acquiring by purchase or otherwise a
supply thereof to be mixed with such artificial gas, in order to render
adequate service to the customers of such corporation or to maintain a
proper and uniform pressure; and to fix such rate for the supplying of
mixed gas as shall secure to such corporation a fair return; and may
order the curtailment or discontinuance of the use of natural gas for
manufacturing or industrial purposes, for periods aggregating not to
exceed four months in any calendar year, if it is established to the
satisfaction of the commission that the supply of natural gas is not
S. 8308--A 90 A. 8808--A
adequate to meet the reasonable demands of domestic consumption [and may
prohibit the use of natural gas in wasteful devices and practices].
2-B. HAVE POWER TO PROHIBIT THE USE OF NATURAL GAS IN WASTEFUL DEVICES
AND PRACTICES, AND TO ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE
OF ALL OR PORTIONS OF THE WORKS, PIPES, AND OTHER GAS PLANT OF A GAS
CORPORATION, WHERE THE COMMISSION HAS DETERMINED THAT SUCH CURTAILMENT
OR DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLI-
CY, PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT
WITH A COMMISSION-APPROVED PROGRAM TO ACHIEVE CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING THE OPPORTUNITY FOR
RECOVERY OF THE GAS CORPORATION'S INVESTMENT IN SUCH SYSTEM AT JUST AND
REASONABLE RATES.
12-E. THE COMMISSION SHALL REVIEW THE CAPITAL CONSTRUCTION PLAN OF
EACH GAS CORPORATION AND ESTABLISH A PROCESS TO EXAMINE FEASIBLE ALTER-
NATIVES TO SUCH CONSTRUCTION IN ORDER TO ALIGN WITH THE CLIMATE JUSTICE
AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRON-
MENTAL CONSERVATION LAW. THE COMMISSION MAY REQUIRE PARTICIPATION IN
SUCH PROCESS BY EACH ELECTRIC CORPORATION WITH A SERVICE AREA OVERLAP-
PING THE SERVICE AREA OF THE GAS CORPORATION.
§ 10. Section 66-a of the public service law, as added by chapter 7 of
the laws of 1948, subdivision 1 as amended and subdivision 3 as added by
chapter 582 of the laws of 1975, subdivision 2 as amended by chapter 722
of the laws of 1977, is amended to read as follows:
§ 66-a. Conservation of gas, declaration of policy, delegation of
power. 1. It is hereby declared to be the policy of this state that
when there develops in any area a situation under which a gas corpo-
ration supplying gas to such area is unable to meet the reasonable needs
of its consumers and of persons or corporations applying for new or
additional gas service, the available supply of gas shall be allocated
among the customers of such gas corporation, in such manner as may be
necessary to protect public health and safety and to avoid undue hard-
ship, PARTICULARLY FOR LOW-TO-MODERATE INCOME RESIDENTIAL CUSTOMERS,
ELECTRIC GENERATION NEEDED FOR ELECTRIC SYSTEM RELIABILITY, AND CUSTOM-
ERS WITH HARD-TO-ELECTRIFY INDUSTRIAL AND COMMERCIAL USES, pursuant to
rules and regulations as may be adopted by the commission, and that to
carry out this declared policy the jurisdiction of the public service
commission should be clarified.
2. Notwithstanding the provisions of any statute or any franchise held
by a gas corporation, the commission shall have power, upon the finding
that CONTINUED GAS SERVICE IS NOT CONSISTENT WITH THE ACHIEVEMENT OF THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, OR THAT there exists such a shor-
tage of gas in any area in the state, that the gas corporation supplying
such area is unable and will be unable to secure or produce sufficient
gas to meet the reasonable needs of its customers and of persons or
corporations applying for new or additional gas service, to require such
corporation to immediately discontinue the supplying of gas to addi-
tional customers or of supplying additional service to present custom-
ers, for such purpose or purposes as may be designated by the commis-
sion, or to customers using gas for a purpose prohibited by the
commission pursuant to this act, and that upon the finding that the
supply of gas available is and will be insufficient to supply the
demands of all consumers receiving service, to require such gas corpo-
ration to curtail or discontinue service to any or all classes of
customers of such gas corporation. In imposing such a direction or
S. 8308--A 91 A. 8808--A
requirement, the commission shall give consideration first to existing
domestic uses and uses deemed to be necessary by the commission to
protect public health and safety and to avoid undue hardship [and shall
be limited to the period of the emergency provided that the gas corpo-
ration affected shall make such restriction, curtailing or discontin-
uance applicable to all customers or applicants for service in a like
class. If the commission determines that good cause exists for supplying
service to additional customers or for supplying additional service to
some existing customers, notwithstanding the curtailment or discontin-
uance of service to other existing customers, it shall, to the extent
feasible, allocate gas with equal priority to new or additional domestic
uses of gas and commercial or industrial processes which require gas
because there is no practical substitute for it in such proportion as
the commission determines to be reasonable. Provided that the commis-
sion shall be permitted, after public hearing, to authorize any natural
gas produced from lands under the waters of Lake Erie to be used for
process or feedstock requirements]. The commission is authorized to
adopt such rules, regulations and orders as are necessary or appropriate
to carry out these delegated powers.
3. In carrying out the delegated powers provided for in this section,
the commission shall, to the extent practicable, determine and establish
gas conservation measures or standards, INCLUDING ENERGY-EFFICIENT ELEC-
TRIFICATION OF GAS END USES. The commission may require compliance with
such measures or standards as a condition of receiving service.
4. THE COMMISSION SHALL DETERMINE CONDITIONS UNDER WHICH NEW OR ADDI-
TIONAL GAS SERVICE IS WARRANTED NOTWITHSTANDING THE NEED TO CONSERVE
RESOURCES FOR SERVICE TO EXISTING GAS CUSTOMERS. SUCH DETERMINATION
SHALL BE CONSISTENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND
EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW, AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING ECONOMIC
DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING LOW-TO-MOD-
ERATE INCOME CUSTOMERS, IMPACTS ON SYSTEM SAFETY AND ADEQUACY, EQUITY
TOWARD EXISTING CUSTOMERS WITH LIMITED CONVERSION ALTERNATIVES, AND THE
FEASIBILITY OF NEIGHBORHOOD-SCALE ALTERNATIVES TO USAGE OF FUELS WITH
HIGH LIFE-CYCLE GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANT EMIS-
SIONS, INCLUDING THERMAL ENERGY NETWORKS.
§ 11. Section 66-b of the public service law is REPEALED.
§ 12. The public service law is amended by adding a new section 66-w
to read as follows:
§ 66-W. EXPANSION OF GAS PLANT INTO NEW AREAS. EXCEPT AS PROVIDED IN
THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, NO GAS CORPO-
RATION SHALL COMMENCE CONSTRUCTION OF A NEW GAS PLANT THAT WOULD EXPAND
THE AVAILABILITY OF SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS
NOT AVAILABLE PRIOR TO THAT DATE AS DEFINED BY THE APPLICABLE UTILITY'S
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPROVED BY THE COMMIS-
SION. THE COMMISSION MAY AUTHORIZE EXCEPTIONS ON A CASE-BY-CASE BASIS,
PROVIDED THAT THE COMMISSION FINDS THAT SUCH CONSTRUCTION SERVES THE
PUBLIC INTEREST OR ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICAL-
LY FEASIBLE OR PROHIBITIVELY EXPENSIVE.
§ 13. Severability clause. The provisions of this act shall be severa-
ble and if the application of any clause, sentence, paragraph, subdivi-
sion, section, or part thereof to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair, or invalidate the appli-
cation of any such clause, sentence, paragraph, subdivision, section,
S. 8308--A 92 A. 8808--A
part or remainder thereof, as the case may be, to any other person,
circumstance, 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 judgment shall have been
rendered.
§ 14. This act shall take effect immediately.
PART Q
Section 1. Expenditures of moneys appropriated to the department of
agriculture and markets from the special revenue funds-other/state oper-
ations, 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 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 15th annually, the commissioner of the depart-
ment of agriculture and markets shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior 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 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 pursu-
ant 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 15th annu-
ally, the secretary of state shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 3. Expenditures of moneys appropriated 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 mean-
ing of section 18-a of the public service law. No later than August 15th
annually, the commissioner of the office of parks, recreation and
S. 8308--A 93 A. 8808--A
historic preservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior 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 to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, 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 contra-
ry, direct and indirect expenses relating to the department of environ-
mental 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 15th annually, the commissioner of the department of
environmental conservation shall submit an accounting of such expenses,
including, but not limited to, expenses in the prior state fiscal year
for personal and non-personal services and fringe benefits, to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15th
annually, the commissioner of the department of health shall submit an
accounting of expenses in the prior 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, 2024 and shall
expire and be deemed repealed April 1, 2029.
PART R
Section 1. Subdivision 2 of section 195 of the agriculture and markets
law, as amended by section 2 of part D of chapter 82 of the laws of
2002, is amended to read as follows:
2. Upon application, a weighmaster's license may be issued by the
commissioner to an employee of a person, firm, partnership or corpo-
ration whose business requires, by contract or otherwise, that materials
or commodities manufactured, produced, distributed, sold or handled by
such person, firm, partnership or corporation be weighed by a licensed
weighmaster; or such license may be issued to an individual engaged in
the weighing of materials or commodities. The applicant shall furnish
satisfactory evidence of good character and of ability to weigh accu-
rately and to make correct weight tickets. [He] THE APPLICANT shall
also furnish evidence that [he] SUCH APPLICANT owns, leases or has
access to a stationary scale within the state suitable for weighing the
materials or commodities to be weighed by [him] THE APPLICANT or that
[he] THE APPLICANT is regularly employed by a person, firm, partnership
S. 8308--A 94 A. 8808--A
or corporation who owns, leases or has access to such a scale which has
been tested and sealed by the weights and measures official charged with
such duty. The applicant shall pay [a fee of fifteen dollars] AN APPRO-
PRIATE FEE COMMENSURATE WITH COSTS AS ESTABLISHED BY REGULATION. A
license shall be for a period not exceeding three years and may be
renewed in the discretion of the commissioner upon payment of the fee
aforesaid. Such license shall be kept at the place where the weighmaster
is engaged in weighing and shall be open to inspection. An application
may be denied or a license may be revoked by the commissioner, after a
hearing upon due notice to the applicant or licensee, for dishonesty,
incompetency, inaccuracy or a violation of the provisions of this arti-
cle or the rules and regulations adopted pursuant thereto.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART S
Section 1. Subdivision 3 of section 54-1511 of the environmental
conservation law, as added by section 5 of part U of chapter 58 of the
laws of 2016, is amended to read as follows:
3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less, PROVIDED HOWEVER
IF A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT RELATING
TO EITHER FINANCIAL HARDSHIP OR DISADVANTAGED COMMUNITIES PURSUANT TO
SECTION 75-0101 OF THIS CHAPTER, THE COMMISSIONER MAY AUTHORIZE STATE
ASSISTANCE PAYMENTS OF UP TO EIGHTY PERCENT OF THE PROJECT COST OR TWO
MILLION DOLLARS, WHICHEVER IS LESS. Such costs are subject to final
computation and determination by the commissioner upon completion of the
project, and shall not exceed the maximum eligible cost set forth in the
contract.
§ 2. This act shall take effect immediately.
PART T
Section 1. Section 72-0302 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, the opening paragraph of
subdivision 1 and the closing paragraph as amended by chapter 432 of the
laws of 1997, and paragraph (e) of subdivision 1 as amended and para-
graphs (f) and (g) of subdivision 1 as relettered by chapter 170 of the
laws of 1994, is amended to read as follows:
§ 72-0302. State air quality control fees.
1. All persons, except those required to pay a fee under section
72-0303 of this [article] TITLE, who are required to obtain a permit,
[certificate] REGISTRATION or OTHER OPERATING approval pursuant to the
state air quality control program AND THE RULES AND REGULATIONS ADOPTED
BY THE DEPARTMENT HEREUNDER shall submit to the department [a per emis-
sion point] AN ANNUAL fee in an amount established as follows:
a. [$11,000.00 for a stationary combustion installation having a maxi-
mum operating heat input equal to or greater than fifty million British
thermal units per hour as stated on the most recent application for a
permit to construct or application for a certificate to operate and
which emits or has the potential to emit equal to or greater than any
one of the following:
S. 8308--A 95 A. 8808--A
(i) one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates] $5,000.00 FOR EACH
STATE FACILITY PERMIT.
b. [$2,000.00 for all stationary combustion installations which are
not included under paragraph a of this subdivision and which have a
maximum operating heat input greater than fifty million British thermal
units per hour as stated on the most recent application for a certif-
icate to operate] $500.00 FOR EACH REGISTRATION OR OTHER OPERATING
APPROVAL.
[c. $100.00 for a stationary combustion installation having a maximum
operating heat input less than fifty million British thermal units per
hour as stated on the most recent application for a certificate to oper-
ate.
d. $2,000.00 for a process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of any
one of the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide, total volatile organic compounds and other
specific air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the most recent application for a
permit to construct or application for a certificate to operate. In the
event that hours of operation have not been specified on the applica-
tions then maximum possible hours of operation (8760 hours) will be used
to calculate actual annual emissions.
e. $160.00 for a process air contamination source, except a gasoline
dispencing site, for an annual emission rate less than twenty-five tons
per year of any one of the following: sulfur dioxide, nitrogen dioxide,
total particulates, carbon monoxide, total volatile organic compounds
and other specific air contaminants. The annual emission rate shall be
the actual annual emission rate as applied for on the most recent appli-
cation for a permit to construct or application for a certificate to
operate. In the event that hours of operation have not been specified on
the applications then maximum possible hours of operation (8760 hours)
will be used to calculate actual annual emissions.
f. $2,000.00 for an incinerator capable of charging two thousand
pounds of refuse per hour or greater. The charging capacity will be
established in accordance with the application for the most recent
permit to construct or application for a certificate to operate the
incinerator source and will be calculated on an emission point basis.
g. $160.00 for an incinerator with a maximum design charge rate of
less than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with the application for the most
recent permit to construct or application for a certificate to operate
the incinerator source and will be calculated on an emission point
basis.]
Provided, however, that where a city or county is delegated the
authority to administer the state air quality control program, or any
portion thereof, pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and such city or county collects a fee in
connection with the issuance of a permit, [certificate] REGISTRATION or
OTHER OPERATING approval [for a combustion installation, incinerator or
process air contamination source] PURSUANT TO THE STATE AIR QUALITY
CONTROL PROGRAM AND THE RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT
HEREUNDER, no additional liability for fees under this section shall
S. 8308--A 96 A. 8808--A
accrue for the particular combustion installation, incinerator or proc-
ess air contamination source that is subject to the delegation.
§ 2. Subdivisions 1, 3 and 5 of section 72-0303 of the environmental
conservation law, subdivisions 1 and 3 as amended by section 1 of part D
of chapter 413 of the laws of 1999, the opening paragraph of subdivision
1 as amended by section 1 of part Y of chapter 58 of the laws of 2015
and subdivision 5 as added by chapter 608 of the laws of 1993, are
amended to read as follows:
1. Commencing January first, two thousand [fifteen] TWENTY-SEVEN and
every year thereafter, all sources of regulated air contaminants identi-
fied pursuant to subdivision one of section 19-0311 of this chapter
shall submit to the department an annual base fee of [two] TEN thousand
[five hundred] dollars PER FACILITY. This base fee shall be in addition
to the fees listed below. Commencing January first, [nineteen hundred
ninety-four] TWO THOUSAND TWENTY-SEVEN and every year thereafter, all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee not to exceed [the] TWO HUNDRED FORTY-FIVE DOLLARS per ton
[fees described below. The per ton fee is assessed on each ton of emis-
sions up to seven thousand tons annually of each regulated air contam-
inant as follows: sixty dollars per ton for facilities with total emis-
sions less than one thousand tons annually; seventy dollars per ton for
facilities with total emissions of one thousand or more but less than
two thousand tons annually; eighty dollars per ton for facilities with
total emissions of two thousand or more but less than five thousand tons
annually; and ninety dollars per ton for facilities with total] OF emis-
sions of [five thousand or more tons annually] REGULATED AIR CONTAM-
INANTS. Such [fee] FEES shall be sufficient to support an appropriation
approved by the legislature for the direct and indirect costs associated
with the operating permit program established in section 19-0311 of this
chapter. Such [fee] FEES shall be established by the department and
shall be calculated by dividing the amount of the current year appropri-
ation from the operating permit program account of the clean air fund by
the total tons of emissions of regulated air contaminants, INCLUDING
HAZARDOUS AIR POLLUTANTS, that are subject to the operating permit
program fees from sources subject to the operating permit program pursu-
ant to section 19-0311 of this chapter [up to seven thousand tons annu-
ally of each regulated air contaminant from each source]; provided that,
in making such calculation, the department shall adjust their calcu-
lation to account for any deficit or surplus in the operating permit
program account of the clean air fund established pursuant to section
ninety-seven-oo of the state finance law[; any loan repayment from the
mobile source account of the clean air fund established pursuant to
section ninety-seven-oo of the state finance law;] and the rate of
collection by the department of the bills issued for the [fee] FEES for
the prior year.
Notwithstanding the provisions of the state administrative procedure
act, such calculation and [fee] FEES shall be established as a rule by
publication in the Environmental Notice Bulletin no later than thirty
days after the budget bills making appropriations for the support of
government are enacted or July first, whichever is later, of the year
such [fee] FEES will be effective. In no event shall the [fee] FEES
established herein be any greater than the maximum fee identified pursu-
ant to this section.
3. Effective January first, [nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-eight] TWO THOUSAND TWEN-
S. 8308--A 97 A. 8808--A
TY-SEVEN AND EACH YEAR THEREAFTER, and notwithstanding the requirements
of the state administrative procedure act, [the cap of twenty-five
dollars] EACH per ton FEE shall increase by the percentage, if any, by
which the consumer price index exceeds the consumer price index for the
[calendar] PRIOR CALENDAR year [nineteen hundred eighty-nine].
a. The consumer price index for any PRIOR calendar year is the average
of the consumer price index for all urban consumers published by the
United States department of labor, as of the close of the twelve-month
period ending on August thirty-first of each calendar year.
b. The [revision of the] DEPARTMENT SHALL USE THE MOST RECENT consumer
price index [for the calendar year nineteen hundred eighty-nine shall be
used in the event] PUBLISHED BY the department of labor [revises its
method of determining the consumer price index].
5. Any regulated air contaminant subject to the fees imposed pursuant
to this section which qualifies as both a volatile organic compound and
a hazardous air pollutant regulated pursuant to section 7412 of the Act
shall not be counted under both categories AND SHALL ONLY BE COUNTED AS
A HAZARDOUS AIR POLLUTANT for the purpose of assessing fees.
§ 3. Subdivision 7 of section 72-0303 of the environmental conserva-
tion law is REPEALED.
§ 4. Subdivisions 8, 9 and 10 of section 72-0303 of the environmental
conservation law are renumbered subdivisions 7, 8 and 9.
§ 5. Paragraph c of subdivision 2 of section 97-oo of the state
finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
§ 6. The environmental conservation law is amended by adding a new
section 19-0328 to read as follows:
§ 19-0328. FEE PROGRAMS.
1. IN ORDER TO COMPLY WITH THE STATUTORY MANDATES OF THE ACT, THE
DEPARTMENT MAY IMPLEMENT NEW OR REVISE EXISTING REGULATORY OR PERMITTING
FEE PROGRAMS, INCLUDING BUT NOT LIMITED TO THE PROGRAMS ESTABLISHED BY
TITLE V AND SECTION 7511D OF THE ACT.
2. SUCH FEE SHALL BE CALCULATED BASED UPON TON OF VOLATILE ORGANIC
COMPOUND, OXIDES OF NITROGEN, OR OTHER REGULATED AIR CONTAMINANT EMITTED
AS SET FORTH IN THE ACT, THIS ARTICLE OR OTHERWISE PURSUANT TO REGU-
LATION ESTABLISHED BY THE DEPARTMENT.
3. THE DEPARTMENT MAY FURTHER ESTABLISH BY RULE OR RULES ADDITIONAL
PROCEDURES FOR ASSESSMENT OF AND COLLECTION OF SUCH FEES.
§ 7. This act shall take effect immediately; provided, however, that
sections one, three, four, five, and six of this act shall take effect
January 1, 2025; and provided further, however, that section two of this
act shall take effect January 1, 2027.
PART U
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
ANY STATE AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE SUCH ENTITY
IS UNDERTAKING A PROJECT FUNDED IN WHOLE, OR IN PART, BY THE NEW YORK
STATE ENVIRONMENTAL BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN PART BY
THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021, AND THE INFLATION
REDUCTION ACT OF 2022.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
S. 8308--A 98 A. 8808--A
ANY STATE AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE SUCH ENTITY
IS UNDERTAKING A PROJECT FUNDED IN WHOLE, OR IN PART, BY THE NEW YORK
STATE ENVIRONMENTAL BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN PART BY
THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021, AND THE INFLATION
REDUCTION ACT OF 2022.
§ 3. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding a new undesignated paragraph to
read as follows:
ANY MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
FIRE DISTRICT, SPECIAL DISTRICT, LOCAL AGENCY, INDUSTRIAL DEVELOPMENT
AGENCY, OR LOCAL DEVELOPMENT CORPORATION, RECEIVING LOANS OR GRANTS
AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM ADMINIS-
TERED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
TATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT, EXPANSION,
FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT,
EXPANSION, FURNISHING, AND EQUIPPING OF SUCH ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPIENT WAS
AWARDED SUCH GRANT.
§ 4. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
FIRE DISTRICT, SPECIAL DISTRICT, LOCAL AGENCY, INDUSTRIAL DEVELOPMENT
AGENCY, OR LOCAL DEVELOPMENT CORPORATION, RECEIVING LOANS OR GRANTS
AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM ADMINIS-
TERED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
TATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT, EXPANSION,
FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT,
EXPANSION, FURNISHING, AND EQUIPPING OF SUCH ECONOMIC DEVELOPMENT,
TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPIENT WAS
AWARDED SUCH GRANT.
§ 5. Subdivision 13-a of section 3 of chapter 359 of the laws of 1968,
constituting the facilities development corporation act, as added by
section 1 of chapter 968 of the laws of 1981, is amended to read as
follows:
13-a. "Municipal building" shall mean [a] ANY building, STRUCTURE, OR
IMPROVEMENT, INCLUDING, WITHOUT LIMITATION, INFRASTRUCTURE IMPROVEMENTS,
including grading or improvement of the site, furnishings, equipment and
utility services in conjunction with such [a building, to be principally
used for the administrative offices of a municipality or for the storage
or repair of maintenance equipment] PROJECT. Nothing herein shall be
construed to prevent the corporation from entering into an agreement for
S. 8308--A 99 A. 8808--A
the design and construction of a local correctional facility in combina-
tion with a municipal building.
§ 6. This act shall take effect immediately.
PART V
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 DD of
chapter 58 of the laws of 2022, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2024] 2027; 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 W
Section 1. Paragraph (f) of subdivision 1 of section 1977-a of the
public authorities law, as amended by section 1 of part EE of chapter 58
of the laws of 2023, is amended to read as follows:
(f) Additional authorizations. For the purpose of financing capital
costs in connection with a program of infrastructure construction,
improvements and other capital expenditures for the project area, the
authority may, in addition to the authorizations contained elsewhere in
this title, borrow money by issuing bonds and notes in an aggregate
principal amount not exceeding [one billion five hundred million
dollars] TWO BILLION FIVE HUNDRED MILLION DOLLARS, plus a principal
amount of bonds or notes issued (i) to fund any related debt service
reserve fund, (ii) to provide capitalized interest, and (iii) to provide
for fees and other charges and expenses including any underwriters'
discounts, related to the issuance of such bonds or notes, all as deter-
mined by the authority, excluding bonds and notes issued to refund
outstanding bonds and notes issued pursuant to this section.
§ 2. This act shall take effect immediately.
PART X
Section 1. Subdivision 6 of section 211 of the economic development
law, as amended by chapter 294 of the laws of 2019, is amended to read
as follows:
6. Grants made pursuant to this section shall be subject to the
following limitations:
(a) no grant shall be made to any one or any consortium of career
education agencies and not-for-profit corporations in excess of [one
hundred seventy-five] TWO HUNDRED FIFTY thousand dollars; and
(b) each grant shall be disbursed for payment of the cost of services
and expenses of the program director, the instructors of the participat-
ing career education agency or not-for-profit corporation, the faculty
and support personnel thereof and any other person in the service of
providing instruction and counseling in furtherance of the program.
§ 2. This act shall take effect immediately.
S. 8308--A 100 A. 8808--A
PART Y
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
other laws relating to the New York state infrastructure trust fund, as
amended by chapter 96 of the laws of 2019, is amended to read as
follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on December thirty-first, two thou-
sand [twenty-four] TWENTY-NINE, except that:
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part JJ of chapter 58 of the
laws of 2023, 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, [2024] 2027.
§ 2. This act shall take effect immediately.
PART AA
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 GG of chapter 58 of the laws of 2023, 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, [2024] 2027, 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.
PART BB
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part U of chapter 58 of the laws of 2023, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2024] 2025 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART CC
S. 8308--A 101 A. 8808--A
Section 1. The banking law is amended by adding a new article 14-B to
read as follows:
ARTICLE XIV-B
BUY-NOW-PAY-LATER LENDERS
SECTION 735. SHORT TITLE.
736. DEFINITIONS.
737. LICENSE.
738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED.
739. LICENSE PROVISIONS AND POSTING.
740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK.
741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE.
742. SUPERINTENDENT AUTHORIZED TO EXAMINE.
743. LICENSEE'S BOOKS AND RECORDS; REPORTS.
744. ACTS PROHIBITED.
745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS.
746. CONSUMER PROTECTIONS.
747. AUTHORITY OF SUPERINTENDENT.
748. PENALTIES.
749. SEVERABILITY.
§ 735. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "BUY NOW PAY LATER ACT".
§ 736. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "CONSUMER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
NEW YORK.
2. "BUY-NOW-PAY-LATER LOAN" MEANS CREDIT PROVIDED TO A CONSUMER IN
CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF GOODS AND/OR
SERVICES, OTHER THAN A MOTOR VEHICLE AS DEFINED UNDER SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
3. "BUY-NOW-PAY-LATER LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
LATER LOANS IN THIS STATE. FOR PURPOSES OF THE PRECEDING SENTENCE,
"OFFER" MEANS OFFERING TO MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
CREDIT DIRECTLY TO A CONSUMER OR OPERATING A PLATFORM, SOFTWARE OR
SYSTEM WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR BOTH. A
PERSON WHO SELLS GOODS OR SERVICES TO A CONSUMER AND EXTENDS CREDIT TO
SUCH CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF
SUCH GOODS AND/OR SERVICES SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER
LENDER WITH RESPECT TO SUCH TRANSACTIONS. A PERSON SHALL NOT BE CONSID-
ERED A BUY-NOW-PAY-LATER LENDER ON THE BASIS OF ISOLATED, INCIDENTAL OR
OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET THE DEFINITIONS OF THIS
SECTION.
4. "EXEMPT ORGANIZATION" MEANS ANY BANKING ORGANIZATION OR FOREIGN
BANKING CORPORATION LICENSED BY THE SUPERINTENDENT OR THE COMPTROLLER OF
THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE, NATIONAL BANK, FEDERAL
SAVINGS BANK, FEDERAL SAVINGS AND LOAN ASSOCIATION, OR FEDERAL CREDIT
UNION. SUBJECT TO SUCH REGULATIONS AS MAY BE PROMULGATED BY THE SUPER-
INTENDENT, "EXEMPT ORGANIZATION" MAY ALSO INCLUDE ANY SUBSIDIARY OF SUCH
ENTITIES.
5. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE PURSUANT TO
THIS ARTICLE.
S. 8308--A 102 A. 8808--A
6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
OR ANY OTHER BUSINESS ORGANIZATION.
§ 737. LICENSE. 1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
IZATION AS DEFINED IN THIS ARTICLE, SHALL ACT AS A BUY-NOW-PAY-LATER
LENDER WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT.
2. AN APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
IN THE FORM AND CONTAINING SUCH INFORMATION AS THE SUPERINTENDENT MAY
REQUIRE.
3. AT THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER.
4. A LICENSE GRANTED PURSUANT TO THIS ARTICLE SHALL BE VALID UNLESS
REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY THE
LICENSEE AND ACCEPTED BY THE SUPERINTENDENT.
5. IN CONNECTION WITH AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY NOTING SUCH CAPITALIZA-
TION REQUIREMENTS AND ACCESS TO SUCH CREDIT AS MAY BE PRESCRIBED BY THE
REGULATIONS OF THE SUPERINTENDENT.
§ 738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED. 1. AFTER THE FILING OF AN APPLICATION FOR A
LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO SUBDIVISION THREE
OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE, IT SHALL BE
SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED SUFFICIENT AND
COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL RESPONSIBILITY,
INCLUDING MEETING ANY CAPITAL REQUIREMENTS AS ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION, EXPERIENCE, CHARACTER AND GENERAL
FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH THE APPLICANT ARE
SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY AND TO WARRANT THE
BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY, FAIRLY AND EFFI-
CIENTLY WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS SUBDIVISION, THE
APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF THE APPLICANT IF
IT IS A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR ORGANIZATION, AND
ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE APPLICANT IF IT IS A
CORPORATION.
2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE, THE SUPERINTEN-
DENT SHALL NOTIFY THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF
THIS ARTICLE.
3. THE SUPERINTENDENT MAY ISSUE REGULATIONS SETTING CAPITAL REQUIRE-
MENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF LICENSEES AND
THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS, VOLUME OF BUSI-
NESS, COMPLEXITY, AND OTHER RELEVANT FACTORS REGARDING SUCH LICENSEES.
FURTHER, THE SUPERINTENDENT MAY ISSUE RULES AND REGULATIONS PRESCRIBING
A METHODOLOGY TO CALCULATE CAPITAL REQUIREMENTS WITH RESPECT TO LICEN-
SEES OR CATEGORIES THEREOF.
§ 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER THIS
ARTICLE SHALL STATE THE NAME AND ADDRESS OF THE LICENSEE, AND IF THE
LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES OF THE MEMBERS
THEREOF, AND IF A CORPORATION THE DATE AND PLACE OF ITS INCORPORATION.
2. SUCH LICENSE SHALL BE KEPT CONSPICUOUSLY POSTED ON THE MOBILE
APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF THE LICENSEE, AS
WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
OFFERED OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
S. 8308--A 103 A. 8808--A
3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
§ 740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE. PRIOR TO
ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
DENT AND PAY AN INVESTIGATION FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AS THE SUPERINTENDENT, BY REGULATION, MAY
PRESCRIBE AS NECESSARY OR APPROPRIATE FOR THE PURPOSE OF MAKING THE
DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A LICENSEE. THEREAFTER, SUCH LEGAL REPRESENTATIVE SHALL
COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE
APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL REPRE-
SENTATIVE.
4. THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION TO
ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE, CONSERVATOR OR
RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESENTATIVE AND ONE
ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SUCH COURT APPOINTMENT.
5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
OF VOTING STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
PERSON WHICH POSSESSES SUCH POWER OR OTHERWISE. CONTROL SHALL BE
PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK
OF ANY LICENSEE OR OF ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF ANY LICEN-
SEE, BUT NO PERSON SHALL BE DEEMED TO CONTROL A LICENSEE SOLELY BY
REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR PERSON. THE
SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
TION OF A LICENSEE OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD
WITH POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
SECTION.
§ 741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1. A
LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE REVOKED OR SUSPENDED
BY THE SUPERINTENDENT UPON A FINDING THAT:
(A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
S. 8308--A 104 A. 8808--A
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, CLEARLY WOULD HAVE
WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
(C) THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING OR REQUIRE-
MENT OF THE SUPERINTENDENT.
2. ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
INTENDENT WRITTEN NOTICE THAT THE LICENSEE THEREBY SURRENDERS SUCH
LICENSE. SUCH SURRENDER SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL OR CRIMINAL
LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
3. EVERY LICENSE ISSUED HEREUNDER SHALL REMAIN IN FORCE AND EFFECT
UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTENDENT
SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE A NEW
LICENSE TO A LICENSEE WHOSE LICENSE HAS BEEN REVOKED IF NO FACT OR
CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
DENT'S REFUSAL TO ISSUE SUCH LICENSE.
4. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED PURSUANT TO THIS ARTICLE, THE SUPERINTENDENT SHALL FORTHWITH
EXECUTE A WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE REVIEWED IN
THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES. SUCH SPECIAL PROCEEDING FOR REVIEW AS AUTHORIZED BY THIS
SECTION MUST BE COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER
OF SUSPENSION OR REVOCATION.
5. THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
ING, SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE FOR A PERIOD
NOT EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED
IN THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS ENGAGED IN
OR IS LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR INEQUITA-
BLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
§ 742. SUPERINTENDENT AUTHORIZED TO EXAMINE. 1. THE SUPERINTENDENT
SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS THE SUPERINTENDENT
SHALL DEEM NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE
OR ANY OTHER APPLICABLE LAW, OR WHETHER ANY LICENSEE HAS CONDUCTED
ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION OF ITS LICENSE,
AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
ATTENDANCE OF AND EXAMINE ANY PERSON UNDER OATH, AND SHALL HAVE THE
POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
AND DOCUMENTS.
2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE SUCH EXAMINATIONS
OF THE BOOKS, RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
ANY LICENSEE AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO DETERMINE
WHETHER ANY SUCH LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
CHAPTER OR ANY OTHER APPLICABLE LAW OR TO SECURE INFORMATION LAWFULLY
REQUIRED BY THE SUPERINTENDENT.
§ 743. LICENSEE'S BOOKS AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
LENDER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS, ACCOUNTS AND
RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE WHETHER SUCH
BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS ARTI-
CLE AND WITH THE RULES AND REGULATIONS LAWFULLY MADE BY THE SUPERINTEN-
DENT HEREUNDER. EVERY BUY-NOW-PAY-LATER LENDER SHALL PRESERVE SUCH
BOOKS, ACCOUNTS AND RECORDS FOR AT LEAST SIX YEARS AFTER MAKING THE
FINAL ENTRY IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN RECORDED THEREIN;
S. 8308--A 105 A. 8808--A
PROVIDED, HOWEVER, THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPROD-
UCTIONS THEREOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTI-
TUTE COMPLIANCE WITH THIS REQUIREMENT.
2. BY A DATE TO BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
AUTHORITY OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY AND BE IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT. IN ADDITION TO SUCH ANNUAL
REPORTS, THE SUPERINTENDENT MAY REQUIRE OF LICENSEES SUCH ADDITIONAL
REGULAR OR SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
§ 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL TAKE OR
CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
2. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE OR CAUSE TO BE MADE AN
ADVERTISEMENT FOR A BUY-NOW-PAY-LATER LOAN THAT IS FALSE, MISLEADING, OR
DECEPTIVE.
§ 745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS. NO BUY-NOW-
PAY-LATER LENDER SHALL DIRECTLY OR INDIRECTLY CHARGE, CONTRACT FOR, OR
RECEIVE ANY INTEREST, DISCOUNT, OR CONSIDERATION UPON A BUY-NOW-PAY-LA-
TER LOAN GREATER THAN THE RATE PERMITTED BY SECTION 5-501 OF THE GENERAL
OBLIGATIONS LAW.
§ 746. CONSUMER PROTECTIONS. 1. DISCLOSURES. A BUY-NOW-PAY-LATER LEND-
ER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF
BUY-NOW-PAY-LATER LOANS, INCLUDING THE COST, SUCH AS INTEREST AND FEES,
REPAYMENT SCHEDULE, AND OTHER MATERIAL CONDITIONS, IN A CLEAR AND
CONSPICUOUS MANNER.
2. ABILITY TO REPAY. SUBJECT TO REGULATIONS TO BE PROMULGATED BY THE
SUPERINTENDENT, A BUY-NOW-PAY-LATER LENDER SHALL, BEFORE PROVIDING OR
CAUSING TO BE PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, MAKE, OR
CAUSE TO BE MADE, A REASONABLE DETERMINATION THAT SUCH CONSUMER HAS THE
ABILITY TO REPAY THE BUY-NOW-PAY-LATER LOAN.
3. CREDIT REPORTING. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR
CAUSE TO BE MAINTAINED POLICIES AND PROCEDURES FOR MAINTAINING ACCURATE
DATA THAT MAY BE REPORTED TO CREDIT REPORTING AGENCIES. THE SUPERINTEN-
DENT MAY ISSUE REGULATIONS REQUIRING THAT BUY-NOW-PAY-LATER LENDERS
REPORT OR CAUSE TO BE REPORTED DATA ON BUY-NOW-PAY-LATER LOANS TO
CONSUMER REPORTING AGENCIES, REQUIRING THAT SUCH REPORTING OCCUR IN A
PARTICULAR MANNER, OR PROHIBITING SUCH REPORTING.
4. RETURNS, REFUNDS AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL
HANDLE OR CAUSE TO BE HANDLED RETURNS OF AND REFUNDS AND CREDITS FOR
GOODS OR SERVICES PURCHASED IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN
IN A MANNER THAT IS FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME TO
CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE
MAINTAINED POLICIES AND PROCEDURES REGARDING SUCH HANDLING OF RETURNS,
REFUNDS, AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE
TO BE DISCLOSED TO CONSUMERS IN A CLEAR AND CONSPICUOUS MANNER THE PROC-
ESS BY WHICH THEY CAN RETURN AND OBTAIN REFUNDS OR CREDITS FOR GOODS OR
SERVICES THEY HAVE PURCHASED WITH A BUY-NOW-PAY-LATER LOAN.
5. CONSUMER DISPUTES. A BUY-NOW-PAY-LATER LENDER SHALL RESOLVE OR
CAUSE TO BE RESOLVED DISPUTES IN A MANNER THAT IS FAIR AND TRANSPARENT
TO CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL CREATE OR CAUSE TO BE
S. 8308--A 106 A. 8808--A
CREATED A READILY AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUM-
ERS TO BRING A DISPUTE TO THE BUY-NOW-PAY-LATER LENDER. A BUY-NOW-PAY-
LATER LENDER SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUM-
ER DISPUTES.
6. PENALTIES AND FEES. NO BUY-NOW-PAY-LATER LENDER SHALL CHARGE OR
CAUSE TO BE CHARGED TO A CONSUMER AN UNFAIR, ABUSIVE, OR EXCESSIVE
PENALTY OR FEE IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN. FOR PURPOSES
OF THIS SUBSECTION: (A) UNFAIR SHALL MEAN CAUSING SUBSTANTIAL INJURY TO
CONSUMERS THAT IS NOT REASONABLY AVOIDABLE BY CONSUMERS, WHERE SUCH
SUBSTANTIAL INJURY IS NOT OUTWEIGHED BY COUNTERVAILING BENEFITS TO
CONSUMERS OR TO COMPETITION; (B) ABUSIVE SHALL MEAN MATERIALLY INTERFER-
ING WITH THE ABILITY OF A CONSUMER TO UNDERSTAND A TERM OR CONDITION OF
A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR TAKING UNREASONABLE ADVAN-
TAGE OF (I) A LACK OF UNDERSTANDING ON THE PART OF THE CONSUMER OF THE
MATERIAL RISKS, COSTS, OR CONDITIONS OF THE PRODUCT OR SERVICE; (II) THE
INABILITY OF THE CONSUMER TO PROTECT THE INTERESTS OF THE CONSUMER IN
SELECTING OR USING A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR (III) THE
REASONABLE RELIANCE BY THE CONSUMER ON A BUY-NOW-PAY-LATER LENDER TO ACT
IN THE INTERESTS OF THE CONSUMER; AND (C) EXCESSIVE SHALL MEAN GREATER
THAN IS REASONABLY NECESSARY, CONSIDERING THE COST INCURRED BY THE BUY-
NOW-PAY-LATER LENDER IN PROVIDING ANY SERVICES ASSOCIATED WITH SUCH
PENALTY OR FEE, THE COMPETITIVE POSITION OF THE BUY-NOW-PAY-LATER LEND-
ER, AND THE MAINTENANCE OF A SAFE AND SOUND BUY-NOW-PAY-LATER LENDER
THAT PROTECTS THE PUBLIC INTEREST.
7. USE OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL CLEARLY AND
CONSPICUOUSLY DISCLOSE OR CAUSE TO BE DISCLOSED TO A CONSUMER TO WHICH
IT PROVIDES A LOAN HOW SUCH CONSUMER'S DATA MAY BE USED BY THE BUY-NOW-
PAY-LATER LENDER AND PROVIDE THE CONSUMER THE OPPORTUNITY TO PROVIDE OR
WITHDRAW CONSENT TO SUCH USE. THE SUPERINTENDENT, IN THEIR DISCRETION,
MAY BY REGULATION PROHIBIT CERTAIN USES OF CONSUMER DATA IF SUCH USE
POSES AN UNDUE RISK TO CONSUMERS.
8. UNAUTHORIZED USE. THE SUPERINTENDENT MAY ISSUE RULES AND REGU-
LATIONS REGARDING TREATMENT OF UNAUTHORIZED USE, SO THAT CONSUMERS ARE
LIABLE FOR USE OF BUY-NOW-PAY-LATER LOANS IN THEIR NAME ONLY UNDER
CIRCUMSTANCES WHERE SUCH LIABILITY WOULD BE FAIR AND REASONABLE.
9. VOID BUY-NOW-PAY-LATER LOANS. ANY BUY-NOW-PAY-LATER LOAN MADE BY A
PERSON NOT LICENSED UNDER THIS ARTICLE, OTHER THAN AN EXEMPT ORGANIZA-
TION, SHALL BE VOID, AND SUCH PERSON SHALL HAVE NO RIGHT TO COLLECT OR
RECEIVE ANY PRINCIPAL, INTEREST OR CHARGE WHATSOEVER.
§ 747. AUTHORITY OF SUPERINTENDENT. THE SUPERINTENDENT IS AUTHORIZED
TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE APPROPRIATE,
IN THEIR SOLE DISCRETION, TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE,
PROTECT CONSUMERS, AND ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF
BUY-NOW-PAY-LATER LENDERS. THE SUPERINTENDENT IS FURTHER AUTHORIZED TO
MAKE SUCH SPECIFIC RULINGS, DEMANDS, AND FINDINGS AS MAY BE NECESSARY
FOR THE PROPER CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND
FOR THE ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCON-
SISTENT HEREWITH.
§ 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES OR PARTIC-
IPATES IN THE VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT OF A MATERIAL
FACT IN ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS
ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY TO
GIVE THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION,
S. 8308--A 107 A. 8808--A
SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN SIX
MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
2. WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER ANY
OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A PROCEEDING
AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER LENDER, WHETHER
OR NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A PENALTY FOR ANY
VIOLATION OF THIS CHAPTER, ANY REGULATION PROMULGATED THEREUNDER, ANY
FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO SECTION THIRTY-NINE OF THIS
CHAPTER, ANY CONDITION IMPOSED IN WRITING BY THE SUPERINTENDENT IN
CONNECTION WITH THE GRANT OF ANY APPLICATION OR REQUEST, OR ANY WRITTEN
AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT, AND FOR KNOWINGLY MAKING
ANY INCORRECT STATEMENT OF A MATERIAL FACT IN ANY APPLICATION, REPORT OR
STATEMENT FILED PURSUANT TO THIS ARTICLE, OR KNOWINGLY OMITTING TO STATE
ANY MATERIAL FACT NECESSARY TO GIVE THE SUPERINTENDENT ANY INFORMATION
LAWFULLY REQUIRED BY THE SUPERINTENDENT OR REFUSING TO PERMIT ANY LAWFUL
INVESTIGATION OR EXAMINATION. AS TO ANY BUY-NOW-PAY-LATER LENDER THAT IS
NOT A LICENSEE OR AN EXEMPT ORGANIZATION, THE SUPERINTENDENT IS AUTHOR-
IZED TO IMPOSE A PENALTY IN THE SAME AMOUNT AUTHORIZED IN SECTION
FORTY-FOUR OF THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER BY ANY PERSON
LICENSED, CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED, ACCREDITED,
INCORPORATED OR OTHERWISE APPROVED BY THE SUPERINTENDENT PURSUANT TO
THIS CHAPTER.
3. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE, DIRECTLY OR INDIRECTLY,
ORALLY OR IN WRITING, OR BY ANY METHOD, PRACTICE OR DEVICE, A REPRESEN-
TATION THAT SUCH BUY-NOW-PAY-LATER LENDER IS LICENSED UNDER THE BANKING
LAW EXCEPT THAT A LICENSEE UNDER THIS CHAPTER MAY MAKE A REPRESENTATION
THAT THE LICENSEE IS LICENSED AS A BUY-NOW-PAY-LATER LENDER UNDER THIS
CHAPTER.
§ 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
BLE.
§ 2. Subdivision 1 of section 36 of the banking law, as amended by
chapter 146 of the laws of 1961, is amended to read as follows:
1. The superintendent shall have the power to examine every banking
organization, every bank holding company and any non-banking subsidiary
thereof (as such terms "bank holding company" and "non-banking subsid-
iary" are defined in article three-A of this chapter) and every licensed
lender AND LICENSED BUY-NOW-PAY-LATER LENDER at any time prior to its
dissolution whenever in his judgment such examination is necessary or
advisable.
§ 3. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
S. 8308--A 108 A. 8808--A
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed mortgage banker,
registered mortgage broker, licensed mortgage loan originator, licensed
sales finance company, registered mortgage loan servicer, licensed
student loan servicer, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, any other person
or entity subject to supervision under this chapter, or the department,
shall be confidential communications, shall not be subject to subpoena
and shall not be made public unless, in the judgment of the superinten-
dent, the ends of justice and the public advantage will be subserved by
the publication thereof, in which event the superintendent may publish
or authorize the publication of a copy of any such report or any part
thereof in such manner as may be deemed proper or unless such laws
specifically authorize such disclosure. For the purposes of this subdi-
vision, "reports of examinations and investigations, and any correspond-
ence and memoranda concerning or arising out of such examinations and
investigations", includes any such materials of a bank, insurance or
securities regulatory agency or any unit of the federal government or
that of this state any other state or that of any foreign government
which are considered confidential by such agency or unit and which are
in the possession of the department or which are otherwise confidential
materials that have been shared by the department with any such agency
or unit and are in the possession of such agency or unit.
§ 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
by chapter 360 of the laws of 1984, are amended to read as follows:
3. In addition to any reports expressly required by this chapter to be
made, the superintendent may require any banking organization, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed mortgage banker, foreign banking corporation licensed by the
superintendent to do business in this state, bank holding company and
any non-banking subsidiary thereof, corporate affiliate of a corporate
banking organization within the meaning of subdivision six of section
thirty-six of this article and any non-banking subsidiary of a corpo-
ration which is an affiliate of a corporate banking organization within
the meaning of subdivision six-a of section thirty-six of this article
to make special reports to him at such times as he may prescribe.
5. The superintendent may extend at his discretion the time within
which a banking organization, foreign banking corporation licensed by
the superintendent to do business in this state, bank holding company or
any non-banking subsidiary thereof, licensed casher of checks, licensed
mortgage banker, private banker, LICENSED BUY-NOW-PAY-LATER LENDER or
licensed lender is required to make and file any report to the super-
intendent.
§ 5. Section 39 of the banking law, as amended by section 3 of part L
of chapter 58 of the laws of 2019, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation licensed by
S. 8308--A 109 A. 8808--A
the superintendent to do business or maintain a representative office in
this state has violated any law or regulation, he or she may, in his or
her discretion, issue an order describing such apparent violation and
requiring such banking organization, bank holding company, registered
mortgage broker, licensed mortgage banker, licensed student loan servi-
cer, licensed mortgage loan originator, licensed lender, LICENSED BUY-
NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, out-of-state state bank that main-
tains a branch or branches or representative or other offices in this
state, or foreign banking corporation to appear before him or her, at a
time and place fixed in said order, to present an explanation of such
apparent violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, licensed student loan servicer, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, LICENSED
BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation licensed by the super-
intendent to do business in this state is conducting business in an
unauthorized or unsafe and unsound manner, he or she may, in his or her
discretion, issue an order directing the discontinuance of such unau-
thorized or unsafe and unsound practices, and fixing a time and place at
which such banking organization, bank holding company, registered mort-
gage broker, licensed mortgage banker, licensed student loan servicer,
registered mortgage loan servicer, licensed mortgage loan originator,
licensed lender, LICENSED BUY-NOW-PAY-LATER LICENSED, licensed casher of
checks, licensed sales finance company, licensed insurance premium
finance agency, licensed transmitter of money, licensed budget planner,
out-of-state state bank that maintains a branch or branches or represen-
tative or other offices in this state, or foreign banking corporation
may voluntarily appear before him or her to present any explanation in
defense of the practices directed in said order to be discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered mortgage
broker, licensed mortgage banker, licensed student loan servicer,
licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner or private banker are not satisfied, the super-
intendent may, in the superintendent's discretion, issue an order
directing that such banking organization, bank holding company, branch
or agency of a foreign banking corporation, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, licensed lend-
er, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
S. 8308--A 110 A. 8808--A
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, or private
banker make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, he or
she may, in his or her discretion, issue an order directing that such
banking organization, branch or agency of a foreign banking corporation
make good such reserves forthwith or within a time specified in such
order, or that it keep its reserves on hand as required by this chapter.
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, agency or branch of a foreign banking corpo-
ration licensed by the superintendent to do business in this state, does
not keep its books and accounts in such manner as to enable him or her
to readily ascertain its true condition, he or she may, in his or her
discretion, issue an order requiring such banking organization, bank
holding company, registered mortgage broker, licensed mortgage banker,
licensed student loan servicer, registered mortgage loan servicer,
licensed mortgage loan originator, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, or foreign banking corporation, or
the officers or agents thereof, or any of them, to open and keep such
books or accounts as he or she may, in his or her discretion, determine
and prescribe for the purpose of keeping accurate and convenient records
of its transactions and accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 6. Subdivision 1 of section 42 of the banking law, as amended by
chapter 65 of the laws of 1948, is amended to read as follows:
1. The name and the location of the principal office of every proposed
corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks, the organization certificate,
private banker's certificate or application for license of which has
been filed for examination, and the date of such filing.
§ 7. Subdivision 2 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
2. The name and location of every licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER and licensed casher of checks, and the name, location,
amount of capital stock or permanent capital and amount of surplus of
every corporation and private banker and the minimum assets required of
every branch of a foreign banking corporation authorized to commence
business, and the date of authorization or licensing.
S. 8308--A 111 A. 8808--A
§ 8. Subdivision 3 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
3. The name of every proposed corporation, private banker, branch of a
foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks to which a certificate of authori-
zation or a license has been refused and the date of notice of refusal.
§ 9. Subdivision 4 of section 42 of the banking law, as amended by
chapter 60 of the laws of 1957, is amended to read as follows:
4. The name and location of every private banker, licensed lender,
licensed casher of checks, sales finance company, LICENSED BUY-NOW-PAY-
LATER LENDER and foreign corporation the authorization certificate or
license of which has been revoked, and the date of such revocation.
§ 10. Subdivision 5 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
5. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration which has applied for leave to change its place or one of its
places of business and the places from and to which the change is
proposed to be made; the name of every banking organization which has
applied to change the designation of its principal office to a branch
office and to change the designation of one of its branch offices to its
principal office, and the location of the principal office which is
proposed to be redesignated as a branch office and of the branch office
which is proposed to be redesignated as the principal office.
§ 11. Subdivision 6 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
6. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration authorized to change its place or one of its places of business
and the date when and the places from and to which the change is author-
ized to be made; the name of every banking organization authorized to
change the designation of its principal office to a branch office and to
change the designation of a branch office to its principal office, the
location of the redesignated principal office and of the redesignated
branch office, and the date of such change.
§ 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed mortgage banker, licensed
student loan servicer, registered mortgage broker, licensed mortgage
loan originator, registered mortgage loan servicer or licensed budget
planner to pay to the people of this state a penalty for any violation
of this chapter, any regulation promulgated thereunder, any final or
temporary order issued pursuant to section thirty-nine of this article,
any condition imposed in writing by the superintendent in connection
with the grant of any application or request, or any written agreement
entered into with the superintendent.
§ 13. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation authorized to be made by the superintendent
S. 8308--A 112 A. 8808--A
pursuant to this act is authorized to be made and completed on or before
such effective date.
PART DD
Section 1. Subsection (g) of section 3420 of the insurance law, as
amended by chapter 735 of the laws of 2022, is amended to read as
follows:
(g) (1) Except as otherwise provided in paragraph two of this
subsection, no policy or contract shall be deemed to insure against any
liability of an insured because of death of or injuries to [his or her]
THE INSURED'S spouse or because of injury to, or destruction of property
of [his or her] THE INSURED'S spouse unless express provision relating
specifically thereto is included in the policy. This exclusion shall
apply only where the injured spouse, to be entitled to recover, must
prove the culpable conduct of the insured spouse.
(2) (A) [Every] (I) UPON PAYMENT OF A REASONABLE PREMIUM ESTABLISHED
IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER, AN insurer
issuing or delivering any policy that satisfies the requirements of
article six of the vehicle and traffic law AND IS SUBJECT TO SECTION
THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE shall provide
coverage in such A policy ISSUED TO A FIRST NAMED INSURED WHO HAS INDI-
CATED THAT SUCH INSURED HAS A SPOUSE ON THE INSURANCE APPLICATION,
against liability of an insured because of death of or injuries to [his
or her] THE INSURED'S spouse up to the liability insurance limits
provided under such policy even where the injured spouse, to be entitled
to recover, must prove the culpable conduct of the insured spouse,
unless [the] A FIRST NAMED insured elects, in writing and in such form
as the superintendent determines, to decline and refuse such coverage in
[his or her] THE FIRST NAMED INSURED'S policy. Such insurance coverage
shall be known as "supplemental spousal liability insurance".
(II) UPON WRITTEN REQUEST OF AN INSURED, AND UPON PAYMENT OF A REASON-
ABLE PREMIUM ESTABLISHED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS
CHAPTER, AN INSURER ISSUING OR DELIVERING ANY POLICY THAT SATISFIES THE
REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
AS SPECIFIED IN CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL PROVIDE COVERAGE
IN SUCH A POLICY AGAINST LIABILITY OF AN INSURED BECAUSE OF DEATH OF OR
INJURIES TO THE INSURED'S SPOUSE UP TO THE LIABILITY INSURANCE LIMITS
PROVIDED UNDER SUCH POLICY EVEN WHERE THE INJURED SPOUSE, TO BE ENTITLED
TO RECOVER, MUST PROVE THE CULPABLE CONDUCT OF THE INSURED SPOUSE.
(B) Upon issuance[, renewal or amendment] of a motor vehicle liability
policy that satisfies the requirements of article six of the vehicle and
traffic law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWEN-
TY-FIVE OF THIS ARTICLE, the insurer shall notify [the] A FIRST NAMED
insured WHO HAS INDICATED THAT SUCH INSURED HAS A SPOUSE ON THE INSUR-
ANCE APPLICATION, in writing, that such policy shall include supple-
mental spousal liability insurance unless [the] A FIRST NAMED insured
declines and refuses such insurance, in writing and in such form as
shall be determined by the superintendent. Such notification shall be
contained on the front of the premium notice in boldface type and
include a concise statement that [supplementary] SUPPLEMENTAL spousal
coverage is provided unless declined by [the] A FIRST NAMED insured, an
explanation of such coverage, and the insurer's premium for such cover-
age.
(C) A NOTIFICATION OF THE AVAILABILITY OF SUPPLEMENTAL SPOUSAL LIABIL-
ITY INSURANCE SHALL BE PROVIDED UPON POLICY ISSUANCE, OTHER THAN FOR THE
S. 8308--A 113 A. 8808--A
POLICIES TO WHICH THE NOTIFICATION REQUIREMENT IN SUBPARAGRAPH (B) OF
THIS PARAGRAPH APPLIES, AND AT LEAST ONCE A YEAR FOR ALL MOTOR VEHICLE
LIABILITY POLICIES THAT SATISFY THE REQUIREMENTS OF ARTICLE SIX OF THE
VEHICLE AND TRAFFIC LAW, WHERE THE POLICY DOES NOT ALREADY PROVIDE
SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE. SUCH NOTICE SHALL BE
CONTAINED ON THE FRONT OF THE PREMIUM NOTICE IN BOLDFACE TYPE AND
INCLUDE A CONCISE STATEMENT THAT SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE
IS AVAILABLE, AN EXPLANATION OF SUCH COVERAGE, AND THE INSURER'S PREMIUM
FOR SUCH COVERAGE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however that the amendments to
subsection (g) of section 3420 of the insurance law made by section one
of this act shall be subject to the expiration and reversion of such
subsection pursuant to section 2 of chapter 735 of the laws of 2022, as
amended.
PART EE
Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
section 3216 of the insurance law, as amended by section 1 of part DDD
of chapter 56 of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by section 2 of part DDD of chapter 56
of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
law, as amended by section 3 of part DDD of chapter 56 of the laws of
2020, is amended to read as follows:
(2) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided, however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
S. 8308--A 114 A. 8808--A
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 4. This act shall take effect January 1, 2025 and shall apply to
any policy or contract issued, renewed, modified, altered, or amended on
or after such date.
PART FF
Section 1. The insurance law is amended by adding a new section 3423
to read as follows:
§ 3423. AFFORDABLE HOUSING UNDERWRITING AND RATING. (A) AN INSURER
THAT ISSUES OR DELIVERS IN THIS STATE INSURANCE COVERING LOSS OF OR
DAMAGE TO REAL PROPERTY CONTAINING UNITS USED FOR RESIDENTIAL PURPOSES
SHALL NOT INQUIRE ABOUT ON AN APPLICATION, NOR SHALL AN INSURER CANCEL,
REFUSE TO ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM OF A POLICY
BASED ON, THE FOLLOWING:
(1) THE LEVEL OR SOURCE OF INCOME OF AN INDIVIDUAL OR GROUP OF INDI-
VIDUALS RESIDING OR INTENDING TO RESIDE UPON THE PROPERTY TO BE INSURED,
IF THE INDIVIDUAL OR GROUP OF INDIVIDUALS IS NOT THE OWNER OF THE REAL
PROPERTY;
(2) THE REAL PROPERTY CONTAINING ANY RESIDENTIAL DWELLING UNITS THAT
MUST BE AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO
STATUTE, REGULATIONS, RESTRICTIVE DECLARATION, OR PURSUANT TO A REGULA-
TORY AGREEMENT WITH A STATE OR LOCAL GOVERNMENT ENTITY; OR
(3) THE REAL PROPERTY OWNER OR THE RESIDENTS THEREIN RECEIVING GOVERN-
MENT HOUSING SUBSIDIES, INCLUDING THE RECEIPT OF FEDERAL VOUCHERS ISSUED
UNDER SECTION EIGHT OF THE UNITED STATES HOUSING ACT OF 1937 (42 U.S.C.
§ 1437F).
(B) NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM REFUSING TO
ACCEPT AN APPLICATION FOR, CANCELING, REFUSING TO ISSUE, REFUSING TO
RENEW, OR INCREASING THE PREMIUM OF, AN INSURANCE POLICY AS A RESULT OF
UNDERWRITING OR RATING FACTORS, EXCEPT AS SPECIFIED IN SUBSECTION (A) OF
THIS SECTION OR AS OTHERWISE PROHIBITED BY THIS CHAPTER OR ANY OTHER
LAW.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART GG
Section 1. The general business law is amended by adding a new article
28-G to read as follows:
ARTICLE 28-G
BATTERIES FOR MICROMOBILITY DEVICES
SECTION 495. DEFINITIONS.
496. SALE OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
BATTERIES.
§ 495. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "LITHIUM-ION BATTERY" MEANS A STORAGE BATTERY IN WHICH AN ELEC-
TRICAL CURRENT IS GENERATED BY LITHIUM IONS EMBEDDED IN A CARBON
GRAPHITE OR NICKEL METAL-OXIDE SUBSTRATE PLACED IN A HIGH-VISCOSITY
CARBONATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
2. "SECOND-USE LITHIUM-ION BATTERY" MEANS A LITHIUM-ION BATTERY THAT
HAS BEEN ASSEMBLED, REFURBISHED, REPAIRED, REPURPOSED OR RECONDITIONED
USING CELLS REMOVED FROM USED BATTERIES.
S. 8308--A 115 A. 8808--A
3. "MICROMOBILITY DEVICE" MEANS AN ELECTRIC SCOOTER AS DEFINED IN
SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW OR OTHER
PERSONAL MOBILITY DEVICE POWERED BY A LITHIUM-ION OR OTHER STORAGE
BATTERY. THE TERM "MICROMOBILITY DEVICE" DOES NOT INCLUDE BICYCLES WITH
ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE
AND TRAFFIC LAW, WHEELCHAIRS OR OTHER MOBILITY DEVICES DESIGNED FOR USE
BY PERSONS WITH DISABILITIES, OR ANY VEHICLE THAT IS CAPABLE OF BEING
REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
4. "ACCREDITED TESTING LABORATORY" MEANS A NATIONALLY RECOGNIZED TEST-
ING LABORATORY AS RECOGNIZED BY THE FEDERAL OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION OR AN INDEPENDENT LABORATORY THAT HAS BEEN CERTI-
FIED BY AN ACCREDITING BODY TO ISO 17025 OR ISO 17065.
§ 496. SALE OF LITHIUM-ION BATTERIES AND SECOND-USE LITHIUM-ION
BATTERIES. 1. (A) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION,
SELL OR OFFER FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION
BATTERY INTENDED FOR USE IN A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW UNLESS THE
LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED
BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A BATTERY STAND-
ARD REFERENCED IN UL 2849, UL 2271 OR EN 15194, OR SUCH OTHER SAFETY
STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT TO REGULATION, AND
LABELED ACCORDINGLY.
(B) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION, SELL OR OFFER
FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION BATTERY
INTENDED FOR USE IN A MICROMOBILITY DEVICE UNLESS THE LITHIUM-ION
BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED BY AN
ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UL 2271 OR UL 2272, OR
SUCH OTHER SAFETY STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT
TO REGULATION, AND LABELED ACCORDINGLY.
2. A PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION IS LIABLE FOR
A CIVIL PENALTY AS FOLLOWS:
(A) FOR THE FIRST VIOLATION, A CIVIL PENALTY OF TWO HUNDRED DOLLARS;
AND
(B) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME OFFENSE WITHIN
TWO YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS.
3. EACH FAILURE TO COMPLY WITH SUBDIVISION ONE OF THIS SECTION WITH
RESPECT TO EACH SEPARATE LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION
BATTERY CONSTITUTES A SEPARATE VIOLATION.
4. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION COUNSEL
SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN THIS SECTION, AND
ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION SHALL BE RETAINED BY
SUCH MUNICIPALITY OR COUNTY.
5. THE DEPARTMENT OF STATE MAY PROMULGATE RULES AND REGULATIONS THAT
PROVIDE FOR ANY ADDITIONAL ACCEPTABLE SAFETY STANDARD RELATING TO A
LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART HH
Section 1. Paragraph 1 of subsection (c) of section 109 of the insur-
ance law, as amended by section 1 of subpart B of part AA of chapter 57
of the laws of 2022, is amended to read as follows:
(1) (A) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
S. 8308--A 116 A. 8808--A
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has willfully violated the provisions of this chapter or
any regulation promulgated thereunder or with respect to accident and
health insurance, any provision of titles one or two of division BB of
the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as
may be amended from time-to-time, and any regulations promulgated there-
under, then the superintendent may order the person or entity to pay to
the people of this state a penalty in a sum not exceeding one thousand
dollars for each offense.
(B) IF THE SUPERINTENDENT FINDS AFTER NOTICE AND HEARING THAT ANY
AUTHORIZED INSURER OR REPRESENTATIVE THEREOF HAS WILLFULLY VIOLATED ANY
MENTAL HEALTH OR SUBSTANCE USE DISORDER PROVISION OF THIS CHAPTER OR ANY
REGULATION PROMULGATED THEREUNDER, OR THE FEDERAL PAUL WELLSTONE AND
PETE DOMENICI MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29
U.S.C. § 1185A) OR ANY REGULATION PROMULGATED THEREUNDER, THEN THE
SUPERINTENDENT MAY ORDER THE AUTHORIZED INSURER OR REPRESENTATIVE THERE-
OF TO PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING
TWO THOUSAND DOLLARS FOR EACH OFFENSE.
§ 2. This act shall take effect immediately.
PART II
Section 1. The general business law is amended by adding a new section
352-m to read as follows:
§ 352-M. PROTECTING ELIGIBLE ADULTS FROM EXPLOITATION. 1. DEFINITIONS.
AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(C) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(D) "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY A BROKER-DEALER,
INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL, ADULT PROTECTIVE SERVICES,
OR A LAW ENFORCEMENT AGENCY.
(E) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE YEARS OF
AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
OR PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR
PROTECT THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM
OTHERS.
2. NOTIFICATION. IF A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED
INDIVIDUAL REASONABLY BELIEVES FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR IS BEING ATTEMPTED, SUCH
S. 8308--A 117 A. 8808--A
BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PROMPTLY
NOTIFY THE ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
3. APPLICATION OF TRANSACTION HOLD. (A) IF AN EMPLOYEE OF A BROKER-
DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL REASONABLY BELIEVES
THAT FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT MAY HAVE OCCURRED, MAY
HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED, THEN SUCH BROKER-DEALER,
INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PLACE A TRANSACTION HOLD
ON SUCH TRANSACTION.
(B) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL SHALL
APPLY A TRANSACTION HOLD TO A TRANSACTION IF ADULT PROTECTIVE SERVICES
OR A LAW ENFORCEMENT AGENCY NOTIFIES SUCH BROKER-DEALER, INVESTMENT
ADVISER, OR QUALIFIED INDIVIDUAL THAT IT REASONABLY BELIEVES THAT THE
TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN
ELIGIBLE ADULT.
(C) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL THAT
APPLIES A TRANSACTION HOLD SHALL: (I) PROVIDE NOTICE OF SUCH HOLD, IN
WRITING, TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT
THAT IS THE SUBJECT OF A TRANSACTION HOLD, AS WELL AS ANY DESIGNATED
THIRD PARTY, NO LATER THAN ONE BUSINESS DAY AFTER THE APPLICATION OF THE
TRANSACTION HOLD; (II) IF THE TRANSACTION HOLD HAS BEEN APPLIED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, NO LATER THAN ONE BUSINESS DAY
AFTER APPLICATION OF THE TRANSACTION HOLD, REPORT THE TRANSACTION HOLD,
INCLUDING THE BASIS FOR THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALI-
FIED INDIVIDUAL'S BELIEF THAT THE TRANSACTION IS THE SUBJECT OF OR
RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTEC-
TIVE SERVICES IN ITS DISTRICT AND TO A LAW ENFORCEMENT AGENCY; AND (III)
AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY,
PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE TRANSACTION HOLD
WITHIN THREE BUSINESS DAYS AFTER THE REQUEST FOR SUCH INFORMATION OR
DOCUMENTS.
4. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD SHALL BE EXTENDED FOR NO MORE THAN TWENTY-FIVE ADDITIONAL
BUSINESS DAYS UPON REQUEST FROM ADULT PROTECTIVE SERVICES OR A LAW
ENFORCEMENT AGENCY; (II) AT ANY TIME, A BROKER-DEALER, INVESTMENT ADVIS-
ER, OR QUALIFIED INDIVIDUAL SHALL RELEASE A TRANSACTION HOLD NOT MORE
THAN ONE BUSINESS DAY AFTER SUCH BROKER-DEALER, INVESTMENT ADVISER, OR
QUALIFIED INDIVIDUAL RECEIVES NOTICE FROM ADULT PROTECTIVE SERVICES OR
THE LAW ENFORCEMENT AGENCY THAT REQUESTED THE TRANSACTION HOLD OR TO
WHICH THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
REPORTED THE TRANSACTION HOLD, THAT SUCH AGENCY DOES NOT HAVE OR NO
LONGER HAS A REASONABLE BASIS TO BELIEVE THAT THE HELD TRANSACTION IS
THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION; (III) IF A BROKER-
DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL NO LONGER REASONABLY
BELIEVES THAT A TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL
EXPLOITATION, IT MAY RELEASE A TRANSACTION HOLD APPLIED TO THAT TRANS-
ACTION, PROVIDED THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT
AGENCY, THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (C)
OF SUBDIVISION THREE OF THIS SECTION DOES NOT OBJECT; (IV) A TRANSACTION
HOLD MAY BE EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A COURT OF
COMPETENT JURISDICTION; AND (V) A TRANSACTION HOLD MAY BE TERMINATED AT
ANY TIME PURSUANT TO AN ORDER ISSUED BY A COURT OF COMPETENT JURISDIC-
TION.
5. RECORDS. A BROKER-DEALER OR INVESTMENT ADVISER SHALL PROVIDE ACCESS
TO OR COPIES OF RECORDS THAT ARE RELEVANT TO THE SUSPECTED OR ATTEMPTED
S. 8308--A 118 A. 8808--A
FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO LAW ENFORCEMENT, EITHER
AS PART OF A NOTIFICATION OR IF IT IS NECESSARY OR APPROPRIATE IN THE
PUBLIC INTEREST AND FOR THE PROTECTION OF THE ELIGIBLE ADULT. THE
RECORDS MAY INCLUDE HISTORICAL RECORDS AS WELL AS RECORDS RELATING TO
THE MOST RECENT TRANSACTIONS THAT MAY COMPRISE FINANCIAL EXPLOITATION OF
AN ELIGIBLE ADULT. ALL RECORDS MADE AVAILABLE TO LAW ENFORCEMENT SHALL
BE CONSIDERED CONFIDENTIAL RECORDS AND SHALL NOT BE AVAILABLE FOR EXAM-
INATION BY THE PUBLIC.
6. IMMUNITY. A BROKER-DEALER, INVESTMENT ADVISER, OR A QUALIFIED INDI-
VIDUAL SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
ITY FOR GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
TRANSACTION HOLD TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A TRANSACTION
HOLD WHEN THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE
DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
§ 2. The banking law is amended by adding a new section 4-d to read as
follows:
§ 4-D. PROTECTING ELIGIBLE ADULTS FROM FINANCIAL EXPLOITATION. 1.
DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
SAVINGS AND LOAN ASSOCIATION, CREDIT UNION OR BRANCH OF A FOREIGN BANK-
ING CORPORATION THAT IS CHARTERED, ORGANIZED OR LICENSED UNDER THE LAWS
OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN THE ORDI-
NARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
(C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(E) "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY A BANKING INSTITU-
TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
(F) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE YEARS OF
AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
OR PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR
PROTECT THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM
OTHERS.
2. APPLICATION OF TRANSACTION HOLD. (A) IF AN EMPLOYEE OF A BANKING
INSTITUTION REASONABLY BELIEVES THAT A FINANCIAL EXPLOITATION OF AN
ELIGIBLE ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING
ATTEMPTED, THEN THE BANKING INSTITUTION MAY PLACE A TRANSACTION HOLD ON
SUCH TRANSACTION.
S. 8308--A 119 A. 8808--A
(B) A BANKING INSTITUTION SHALL APPLY A TRANSACTION HOLD TO A TRANS-
ACTION IF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY NOTIFIES
THE BANKING INSTITUTION THAT IT REASONABLY BELIEVES THAT THE TRANSACTION
IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT.
(C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL: (I)
PROVIDE NOTICE OF SUCH HOLD, IN WRITING, TO ALL PARTIES AUTHORIZED TO
TRANSACT BUSINESS ON THE ACCOUNT THAT IS THE SUBJECT OF A TRANSACTION
HOLD, AS WELL ANY DESIGNATED THIRD PARTY, NO LATER THAN ONE BUSINESS DAY
AFTER THE APPLICATION OF THE TRANSACTION HOLD; (II) IF THE TRANSACTION
HOLD HAS BEEN APPLIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, NO
LATER THAN ONE BUSINESS DAY AFTER APPLICATION OF THE TRANSACTION HOLD,
REPORT THE TRANSACTION HOLD, INCLUDING THE BASIS FOR THE BANKING INSTI-
TUTION'S BELIEF THAT THE TRANSACTION IS THE SUBJECT OF OR RELATED TO
FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTECTIVE SERVICES
IN ITS DISTRICT AND TO A LAW ENFORCEMENT AGENCY; AND (III) AT THE
REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY,
PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE TRANSACTION HOLD
WITHIN THREE BUSINESS DAYS AFTER THE REQUEST FOR SUCH INFORMATION OR
DOCUMENTS.
3. NOTIFICATION. IF A BANKING INSTITUTION REASONABLY BELIEVES FINAN-
CIAL EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED,
OR IS BEING ATTEMPTED, THE BANKING INSTITUTION MAY PROMPTLY NOTIFY THE
ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
4. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD SHALL BE EXTENDED FOR NO MORE THAN TWENTY-FIVE ADDITIONAL
BUSINESS DAYS UPON REQUEST FROM ADULT PROTECTIVE SERVICES OR A LAW
ENFORCEMENT AGENCY; (II) AT ANY TIME, A BANKING INSTITUTION SHALL
RELEASE A TRANSACTION HOLD NOT MORE THAN ONE BUSINESS DAY AFTER SUCH
BANKING INSTITUTION RECEIVES NOTICE FROM ADULT PROTECTIVE SERVICES OR
THE LAW ENFORCEMENT AGENCY THAT REQUESTED THE TRANSACTION HOLD OR TO
WHICH THE BANKING INSTITUTION REPORTED THE TRANSACTION HOLD, THAT SUCH
AGENCY DOES NOT HAVE OR NO LONGER HAS A REASONABLE BASIS TO BELIEVE THAT
THE HELD TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITA-
TION; (III) IF A BANKING INSTITUTION NO LONGER REASONABLY BELIEVES THAT
A TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION, IT
MAY RELEASE A TRANSACTION HOLD APPLIED TO THAT TRANSACTION, PROVIDED
THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT AGENCY THE BANKING
INSTITUTION HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION DOES NOT OBJECT; (IV) A
TRANSACTION HOLD MAY BE EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A
COURT OF COMPETENT JURISDICTION; AND (V) A TRANSACTION HOLD MAY BE
TERMINATED AT ANY TIME PURSUANT TO AN ORDER ISSUED BY A COURT OF COMPE-
TENT JURISDICTION.
5. REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING SETTING FORTH FACTORS
THAT A BANKING INSTITUTION MAY CONSIDER IN DETERMINING WHETHER TO APPLY
A TRANSACTION HOLD TO A TRANSACTION PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION, THE FORM AND MANNER OF ANY NOTIFICATION
MANDATED BY SUBDIVISION TWO OF THIS SECTION, AND THE IMPLEMENTATION OF
TRAINING PROGRAMS FOR BANKING INSTITUTION STAFF RELATING TO RECOGNIZING
FINANCIAL EXPLOITATION.
6. IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING INSTI-
TUTION SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
ITY FOR GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
S. 8308--A 120 A. 8808--A
SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
TRANSACTION HOLD TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A TRANSACTION
HOLD WHEN THE BANKING INSTITUTION OR EMPLOYEE ENGAGES IN INTENTIONAL
MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE DETERMINATION RESULTS
FROM A CONFLICT OF INTEREST.
§ 3. Section 473 of the social services law is amended by adding a new
subdivision 5-a to read as follows:
5-A. WHENEVER A SOCIAL SERVICES OFFICIAL, OR HIS OR HER DESIGNEE
AUTHORIZED OR REQUIRED TO DETERMINE THE NEED FOR, OR TO PROVIDE OR
ARRANGE FOR THE PROVISION OF PROTECTIVE SERVICES TO ADULTS IN ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE HAS A REASON TO BELIEVE THAT FINANCIAL
EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR
IS BEING ATTEMPTED, THE SOCIAL SERVICES OFFICIAL OR HIS OR HER DESIGNEE
MUST REPORT THIS INFORMATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY
AND NOTIFY ANY FINANCIAL OR BANKING INSTITUTIONS INVOLVED IN THE RELE-
VANT FINANCIAL TRANSACTIONS OF THE NEED TO APPLY A TRANSACTION HOLD.
§ 4. Paragraph (g) of subdivision 6 of section 473 of the social
services law, as amended by chapter 395 of the laws of 1995, is amended
to read as follows:
(g) "Financial exploitation" means:
(I) THE improper use of an adult's funds, property, INCOME or
[resources by another individual, including but not limited to, fraud,
false pretenses, embezzlement, conspiracy, forgery, falsifying records,
coerced property transfers or denial of access to assets] ASSETS; OR
(II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE USE OF A
POWER OF ATTORNEY, GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN
ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS
OR UNDUE INFLUENCE OVER THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY;
OR (B) CONVERT THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART JJ
Section 1. This act shall be known and may be cited as the "Consumer
Protection Act (CPA)".
§ 2. Section 349 of the general business law, as added by chapter 43
of the laws of 1970, subdivision (h) as amended by chapter 157 of the
laws of 1984, and subdivision (j) as added by section 6 of part HH of
chapter 55 of the laws of 2014, is amended to read as follows:
§ 349. [Deceptive acts] UNFAIR, DECEPTIVE AND ABUSIVE ACTS and prac-
tices unlawful. (a) [Deceptive] UNFAIR, DECEPTIVE OR ABUSIVE acts or
practices in the conduct of any business, trade or commerce or in the
furnishing of any service in this state are hereby declared unlawful.
(1) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
WHEN IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY IS
NOT REASONABLY AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED BY COUNTER-
VAILING BENEFITS TO CONSUMERS OR COMPETITION.
(2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS ABUSIVE
WHEN:
(I) IT MATERIALLY INTERFERES WITH THE ABILITY OF A PERSON TO UNDER-
STAND A TERM OR CONDITION OF A PRODUCT OR SERVICE; OR
(II) TAKES UNREASONABLE ADVANTAGE OF:
(A) A PERSON'S LACK OF UNDERSTANDING OF THE MATERIAL RISKS, COSTS, OR
CONDITIONS OF THE PRODUCT OR SERVICE; OR
S. 8308--A 121 A. 8808--A
(B) A PERSON'S INABILITY TO PROTECT THEIR INTERESTS IN SELECTING OR
USING A PRODUCT OR SERVICE.
(b) Whenever the attorney general shall believe from evidence satis-
factory to [him] THEM that any person, firm, corporation or association
or agent or employee thereof has engaged in or is about to engage in any
of the acts or practices stated to be [unlawful he] UNFAIR, DECEPTIVE OR
ABUSIVE, THEY may bring an action in the name and on behalf of the
people of the state of New York to enjoin such unlawful acts or prac-
tices and to obtain restitution of any moneys or property obtained
directly or indirectly by any such unlawful acts or practices. In such
action preliminary relief may be granted under article sixty-three of
the civil practice law and rules. SUCH ACTIONS MAY BE BROUGHT REGARDLESS
OF WHETHER OR NOT THE UNDERLYING VIOLATION IS DIRECTED AT INDIVIDUALS
OR BUSINESSES OR INVOLVES THE OFFERING OF GOODS, SERVICES, OR PROPERTY
FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
(c) Before any violation of this section is sought to be enjoined, the
attorney general shall be required to give the person against whom such
proceeding is contemplated notice by certified mail and an opportunity
to show in writing within five business days after receipt of notice why
proceedings should not be instituted against [him] THEM, unless the
attorney general shall find, in any case in which [he seeks] THEY SEEK
preliminary relief, that to give such notice and opportunity is not in
the public interest.
(d) In any such action it shall be a complete defense that the act or
practice is, or if in interstate commerce would be, subject to and
complies with the rules and regulations of, and the statutes adminis-
tered by, the federal trade commission or any official department, divi-
sion, commission or agency of the United States as such rules, regu-
lations or statutes are interpreted by the federal trade commission or
such department, division, commission or agency or the federal courts.
(e) Nothing in this section shall apply to any television or radio
broadcasting station or to any publisher or printer of a newspaper,
magazine or other form of printed advertising, who broadcasts,
publishes, or prints the advertisement.
(f) In connection with any proposed proceeding under this section, 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.
(g) This section shall apply to all UNFAIR, deceptive OR ABUSIVE acts
or practices declared to be unlawful, whether or not subject to any
other law of this state, and shall not supersede, amend or repeal any
other law of this state under which the attorney general is authorized
to take any action or conduct any inquiry.
(h) In addition to the right of action granted to the attorney general
pursuant to this section, any person who has been injured by reason of
any violation of this section may bring an action in [his] THEIR own
name to enjoin such [unlawful] UNFAIR, DECEPTIVE, OR ABUSIVE act or
practice, an action to recover [his] THEIR actual damages or [fifty] ONE
THOUSAND dollars, whichever is greater, or both such actions. SUCH
ACTIONS MAY BE BROUGHT REGARDLESS OF WHETHER OR NOT THE UNDERLYING
VIOLATION INVOLVES THE OFFERING OF GOODS, SERVICES OR PROPERTY FOR
PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. The court may, in its
discretion, increase the award of damages to an amount not to exceed
three times the actual damages up to one thousand dollars, if the court
finds the defendant willfully or knowingly violated this section. The
S. 8308--A 122 A. 8808--A
court [may] SHALL award reasonable attorney's fees AND COSTS to a
prevailing plaintiff.
(I) (1) AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF AN ACTION
FOR MONETARY DAMAGES EXCEEDING FIVE HUNDRED DOLLARS PURSUANT TO SUBDIVI-
SION (H) OF THIS SECTION OR WITHIN THIRTY DAYS OF AMENDING A COMPLAINT
TO SEEK MONETARY DAMAGES EXCEEDING FIVE HUNDRED DOLLARS PURSUANT TO
SUBDIVISION (H) OF THIS SECTION, THE CONSUMER SHALL DO THE FOLLOWING:
(A) NOTIFY THE PERSON ALLEGED TO HAVE COMMITTED UNFAIR, DECEPTIVE OR
ABUSIVE ACTS OR PRACTICES IN VIOLATION OF THIS SECTION OF THE PARTICULAR
ALLEGED VIOLATIONS OF THIS SECTION, INCLUDING A REASONABLY SPECIFIC
DESCRIPTION REGARDING THE TIME, PLACE AND NATURE OF THE ALLEGATIONS; AND
(B) DEMAND THAT SUCH PERSON CORRECT, REPAIR, REPLACE, OR OTHERWISE
RECTIFY THE ALLEGED VIOLATION OR VIOLATIONS OF THIS SECTION WITH SUFFI-
CIENT SPECIFICITY TO PERMIT A REASONABLE PERSON TO RESPOND TO SUCH
DEMAND.
(2) THE DEMAND MADE PURSUANT TO THIS SUBDIVISION SHALL BE IN WRITING
AND SHALL BE SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT
REQUESTED, TO THE PLACE WHERE THE TRANSACTION OCCURRED OR TO THE
PERSON'S PRINCIPAL PLACE OF BUSINESS, IF KNOWN. EVIDENCE DEMONSTRATING
THAT NOTICE, HOWEVER MADE, WAS ACTUALLY RECEIVED BY THE PERSON IS SUFFI-
CIENT TO DEMONSTRATE COMPLIANCE WITH THIS PARAGRAPH.
(3) NO ACTION FOR MONETARY DAMAGES GREATER THAN FIVE HUNDRED DOLLARS
MAY BE MAINTAINED UNDER THIS SECTION IF AN APPROPRIATE CORRECTION,
REPAIR, REPLACEMENT, OR OTHER REMEDY HAS BEEN PROVIDED BY THE PERSON
ALLEGED TO HAVE COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES
IN VIOLATION OF THIS SECTION TO THE CONSUMER WITHIN THIRTY DAYS OF
RECEIPT BY SUCH PERSON OF THE NOTICE.
(4) NO ACTION FOR MONETARY DAMAGES MAY BE MAINTAINED UNDER ARTICLE
NINE OF THE CIVIL PRACTICE LAW AND RULES AGAINST A PERSON ALLEGED TO
HAVE COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN
VIOLATION OF THIS SECTION UPON A SHOWING BY SUCH PERSON THAT THEY HAVE:
(A) IDENTIFIED ALL CONSUMERS SIMILARLY SITUATED OR HAVE MADE REASON-
ABLE EFFORTS TO IDENTIFY SUCH OTHER CONSUMERS;
(B) NOTIFIED ALL SUCH SIMILARLY SITUATED CONSUMERS SO IDENTIFIED THAT
UPON THEIR REQUEST, SUCH PERSON SHALL MAKE THE APPROPRIATE CORRECTION,
REPAIR, REPLACEMENT, OR OTHER REMEDY OF THE GOODS OR SERVICES;
(C) CORRECTED, REPAIRED, REPLACED, OR PROVIDED ANY OTHER REMEDY
REQUESTED BY THE CONSUMERS WITHIN A REASONABLE TIME FRAME; AND
(D) CEASED FROM ENGAGING IN, OR IF IMMEDIATE CESSATION IS IMPOSSIBLE
OR UNREASONABLY EXPENSIVE UNDER THE CIRCUMSTANCES, THE PERSON WILL,
WITHIN A REASONABLE TIME, CEASE TO ENGAGE IN, THE UNFAIR, DECEPTIVE OR
ABUSIVE ACTS OR PRACTICES.
(5) ACTIONS SEEKING INJUNCTIVE RELIEF ONLY MAY BE COMMENCED WITHOUT
COMPLIANCE WITH THIS SUBDIVISION.
(6) ATTEMPTS OR EFFORTS TO COMPLY WITH THIS SECTION BY A PERSON
RECEIVING A DEMAND SHALL BE CONSTRUED AS AN OFFER TO COMPROMISE UNDER
SECTION FORTY-FIVE HUNDRED FORTY-SEVEN OF THE CIVIL PRACTICE LAW AND
RULES AND SHALL BE INADMISSIBLE AS EVIDENCE. FURTHERMORE, ATTEMPTS OR
EFFORTS TO COMPLY WITH A DEMAND SHALL NOT BE CONSIDERED AN ADMISSION OF
ENGAGING IN AN ACT OR PRACTICE DECLARED UNLAWFUL BY THIS SECTION.
EVIDENCE OF COMPLIANCE OR ATTEMPTS OR EFFORTS TO COMPLY WITH THIS
SECTION MAY BE INTRODUCED BY A DEFENDANT OR PERSON ALLEGED TO HAVE
COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN VIOLATION OF
THIS SECTION FOR THE PURPOSE OF ESTABLISHING GOOD FAITH OR TO SHOW
COMPLIANCE WITH THIS SECTION.
S. 8308--A 123 A. 8808--A
(j) Notwithstanding any law to the contrary, all monies recovered or
obtained under this article by a state agency or state official or
employee acting in their official capacity shall be subject to subdivi-
sion eleven of section four of the state finance law.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART KK
Section 1. Section 4 of Part WW of chapter 56 of the laws of 2022
amending the public officers law relating to permitting videoconferenc-
ing and remote participation in public meetings under certain circum-
stances, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2024] 2026.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
amended to read as follows:
(2) Any domestic life insurance company proposing to assume by rein-
surance all or any part of the business in force, other than portions of
individual risks, of any domestic, foreign or alien life insurance
company, fraternal benefit society or other organization having
outstanding policies or certificates of life insurance or accident and
health insurance or annuity contracts shall make written application to
the superintendent for permission to do so. If after due consideration
the superintendent is satisfied that the proposed reinsurance will not
prejudice the interests of the policyholders of either the applicant or
the companies [which] THAT are members of The Life Insurance Guaranty
Corporation or of The Life AND HEALTH Insurance Company Guaranty Corpo-
ration of New York, [he] THE SUPERINTENDENT shall grant the permission.
§ 2. Paragraph 1 of subsection (a) of section 7434 of the insurance
law, as amended by chapter 134 of the laws of 1999, is amended to read
as follows:
(1) Upon the recommendation of the superintendent, and under the
direction of the court, distribution payments shall be made in a manner
that will assure the proper recognition of priorities and a reasonable
balance between the expeditious completion of the liquidation and the
protection of unliquidated and undetermined claims. The priority of
distribution of claims from an insolvent [property/casualty] insurer
OTHER THAN A LIFE INSURER in any proceeding subject to this article
shall be in accordance with the order in which each class of claims is
set forth in this paragraph and as provided in this paragraph. Every
claim in each class shall be paid in full or adequate funds retained for
such payment before the members of the next class receive any payment.
No subclasses shall be established within any class. No claim by a
shareholder, policyholder or other creditor shall be permitted to
circumvent the priority classes through the use of equitable remedies.
The order of distribution of claims shall be:
[(i)] (A) Class one. Claims with respect to the actual and necessary
costs and expenses of administration, incurred by the liquidator, reha-
bilitator or conservator under this article.
S. 8308--A 124 A. 8808--A
[(ii)] (B) Class two. All claims under policies including such claims
of the federal or any state or local government for losses incurred,
third party claims, claims for unearned premiums, and all claims of a
security fund, guaranty association or the equivalent except claims
arising under reinsurance contracts.
[(iii)] (C) Class three. Claims of the federal government except those
under class two above.
[(iv)] (D) Class four. Claims for wages owing to employees of an
insurer against whom a proceeding under this article is commenced for
services rendered within one year before commencement of the proceeding,
not exceeding one thousand two hundred dollars to each employee, and
claims for unemployment insurance contributions required by article
eighteen of the labor law. Such priority shall be in lieu of any other
similar priority which may be authorized by law.
[(v)] (E) Class five. Claims of state and local governments except
those under class two above.
[(vi)] (F) Class six. Claims of general creditors including, but not
limited to, claims arising under reinsurance contracts.
[(vii)] (G) Class seven. Claims filed late or any other claims other
than claims under class eight or class nine below.
[(viii)] H) Class eight. Claims for advanced or borrowed funds made
pursuant to section one thousand three hundred seven of this chapter.
[(ix)] (I) Class nine. Claims of shareholders or other owners in their
capacity as shareholders.
§ 3. Paragraphs 1 and 4 of subsection (a) of section 7435 of the
insurance law, as added by chapter 802 of the laws of 1985, are amended
to read as follows:
(1) Class one. Claims with respect to the actual and necessary costs
and expenses of administration, incurred by the liquidator, rehabilita-
tor, conservator or ancillary rehabilitator under this article, or by
The Life Insurance Guaranty Corporation or The Life AND HEALTH Insurance
Company Guaranty Corporation of New York, and claims described in
subsection (d) of section seven thousand seven hundred thirteen of this
chapter.
(4) Class four. All claims under insurance policies, annuity contracts
and funding agreements, and all claims of The Life AND HEALTH Insurance
Company Guaranty Corporation of New York or any other guaranty corpo-
ration or association of this state or another jurisdiction, other than
[(i)] claims provided for in paragraph one of this subsection[,] and
[(ii)] claims for interest.
§ 4. Paragraph 2 of subsection (c) of section 7709 of the insurance
law, as amended by section 10 of subpart D of part Y of chapter 57 of
the laws of 2023, is amended to read as follows:
(2) The amount of any class B or class C assessment, except for
assessments related to long-term care insurance, shall be allocated for
assessment purposes among the accounts in the proportion that the premi-
ums received by the impaired or insolvent insurer on the policies or
contracts covered by each account for the last calendar year preceding
the assessment in which the impaired or insolvent insurer received
premiums bears to the premiums received by such insurer for such calen-
dar year on all covered policies. The amount of any class B or class C
assessment for long-term care insurance written by the impaired or
insolvent insurer shall be allocated according to a methodology included
in the plan of operation and approved by the superintendent. The meth-
odology shall provide for fifty percent of the assessment to be allo-
cated to health insurance company member insurers and fifty percent to
S. 8308--A 125 A. 8808--A
be allocated to life insurance company member insurers; provided, howev-
er, that a property/casualty insurer that writes health insurance shall
be considered a health insurance company member for this purpose. Class
B and class C assessments against member insurers for each account shall
be in the proportion that the premiums received on business in this
state by each assessed member insurer on policies covered by each
account for the three calendar years preceding the assessment bears to
such premiums received on business in this state for such calendar years
by all assessed member insurers. CLASS B AND CLASS C ASSESSMENTS
AGAINST MEMBER INSURERS FOR THE HEALTH INSURANCE ACCOUNT SHALL BE
FURTHER REDUCED FOR NOT-FOR-PROFIT MEMBER INSURERS PURSUANT TO A METHOD-
OLOGY INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTEN-
DENT.
§ 5. Section 7712 of the insurance law, as added by chapter 802 of the
laws of 1985, subsection (a) as amended by section 11 of subpart D of
part Y of chapter 57 of the laws of 2023, is amended to read as follows:
§ 7712. Credits for assessments paid. (a) The superintendent shall
annually[, within six months following the close of each calendar year,
furnish to the commissioner of taxation and finance and the director of
the division of the budget a statement of operations for the life insur-
ance guaranty corporation and the life and health insurance company
guaranty corporation of New York. Such statement shall show the assess-
ments, less any refunds or reimbursements thereof, paid by each insur-
ance company pursuant to the provisions of article seventy-five or]
ISSUE A CERTIFICATE OF TAX CREDIT FOR NET CLASS A ASSESSMENTS PAID, AND
A SEPARATE CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS B AND CLASS C
ASSESSMENTS PAID, AS SUCH ASSESSMENTS ARE DESCRIBED IN section seven
thousand seven hundred nine of this article, [for the purposes of meet-
ing the requirements of this chapter. Each statement, starting with the
statement furnished in the year nineteen hundred eighty-six and ending
with the statement furnished in the year two thousand, shall show the
annual activity for every year commencing from nineteen hundred eighty-
five through the most recently completed year. Each statement furnished
in each year after the year two thousand shall reflect such assessments
paid during the preceding fifteen calendar years. The superintendent
shall also furnish a copy of such statement to each such] TO AN insur-
ance company THAT IS REQUIRED TO FILE A TAX RETURN PURSUANT TO ARTICLE
THIRTY-THREE OF THE TAX LAW. FOR THE PURPOSES OF THIS SECTION, AN
INSURANCE COMPANY'S "NET CLASS A ASSESSMENTS PAID" SHALL MEAN ITS GROSS
CLASS A ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-
FIVE OR SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS ARTICLE, LESS
ANY REFUNDS, RECOVERIES, OR REIMBURSEMENTS, AND AN INSURANCE COMPANY'S
"TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID" SHALL MEAN ITS GROSS
CLASS B AND CLASS C ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTI-
CLE SEVENTY-FIVE OR SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS
ARTICLE, LESS ANY REFUNDS, RECOVERIES, OR REIMBURSEMENTS.
(b) The [maximum authorized] CERTIFICATES OF TAX credit [for each
company in respect of the assessments paid during the most recent calen-
dar year covered by such statement] shall [be] SET FORTH THE AMOUNT OF
TAX CREDIT AN INSURANCE COMPANY MAY CLAIM as follows:
(1) [if the sum of the net assessments paid by all companies in the
period reported on in the statement of operations required to be
furnished by the superintendent pursuant to the provisions of subsection
(a) of this section is less than one hundred million dollars, no such
credits shall be authorized] FOR NET CLASS A ASSESSMENTS, THE ELIGIBLE
S. 8308--A 126 A. 8808--A
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S NET CLASS A ASSESSMENTS PAID; AND
(2) [(A) if the sum of such net assessments exceeds one hundred
million dollars, the maximum authorized credit for each company with
respect to net assessments paid by such company in any year shall be the
excess, if any, of (i) over (ii), where (i) is the sum of such company's
tentative cross-over year credit and its tentative credits for subse-
quent years, both as determined pursuant to subparagraphs (B) and (C) of
this paragraph, and (ii) is the sum of the maximum credits theretofore
authorized for the years covered by such statement, to and including the
most recently completed year, determined with reference to the periods
covered by all prior such statements.
(B) Such company's tentative cross-over year credit shall be eighty
per centum of the product of (i) and (ii), where (i) is the sum of
assessments paid by such company during the cross-over year, and (ii) is
a fraction, the numerator of which is the excess over one hundred
million dollars of the sum of net assessments paid by all companies
during such period and the denominator of which is the sum of net
assessments paid by such companies during the cross-over year. For
purposes of this paragraph, the cross-over year is the first year during
the period covered by such statement in which the net assessments paid
by all companies during such period exceeded one hundred million dollars
in whole or in part.
(C) Such company's tentative credit for each year subsequent to the
cross-over year shall be eighty per centum of the net assessments paid
by such company during such year.
(3) For the purposes of this section, net assessments means gross
assessments, less any recoveries or reimbursements, paid during the
period covered by the most recent statement of operations furnished by
the superintendent pursuant to the provisions of subsection (a) of this
section] FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS, THE ELIGIBLE
CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
COMPANY'S TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID, SUBJECT TO
SUBSECTION (C) OF THIS SECTION.
(C)(1) THE AGGREGATE AMOUNT OF TAX CREDITS PURSUANT TO THIS SECTION
FOR TOTAL NET CLASS B AND CLASS C ASSESSMENTS IN EACH CALENDAR YEAR
SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS. THE AGGREGATE TAX
CREDIT AMOUNT SHALL BE ALLOCATED ANNUALLY BY THE SUPERINTENDENT ON A PRO
RATA BASIS TO EACH COMPANY REQUIRED TO FILE A TAX RETURN PURSUANT TO
ARTICLE THIRTY-THREE OF THE TAX LAW.
(2) THE SUPERINTENDENT SHALL ALLOCATE ANY TAX CREDIT AMOUNT THAT
EXCEEDS THE ANNUAL CREDIT CAP OF ONE HUNDRED FIFTY MILLION DOLLARS TO
THE FOLLOWING CALENDAR YEAR AND INCLUDE SUCH AMOUNT WITHIN THE CALCU-
LATION OF THE ELIGIBLE CREDIT AMOUNT SUBJECT TO THE AGGREGATE CREDIT
AMOUNT FOR THE SUCCEEDING CALENDAR YEAR BY THE SUPERINTENDENT.
(3) FOR COMPANIES ISSUED A CERTIFICATE OF TAX CREDIT FOR TOTAL NET
CLASS B AND CLASS C ASSESSMENTS, SUCH ANNUAL CERTIFICATE SHALL SET FORTH
AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM OF THE AMOUNT
CALCULATED UNDER SUBSECTION (B) OF THIS SECTION AND ALLOCATED PURSUANT
TO PARAGRAPH ONE OF THIS SUBSECTION. THE AMOUNT ON THE CERTIFICATE OF
TAX CREDIT SHALL BE ELIGIBLE TO BE CLAIMED IN THE TAXABLE YEAR THAT
BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS ISSUED. THIRTY-
THREE AND ONE-THIRD PER CENTUM OF SUCH AMOUNT SHALL BE ELIGIBLE TO BE
CLAIMED IN EACH OF THE TWO TAXABLE YEARS FOLLOWING SUCH TAXABLE YEAR.
(D)(1) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER
OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT FOR NET
S. 8308--A 127 A. 8808--A
CLASS A ASSESSMENTS, AND A CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS
B AND CLASS C ASSESSMENTS. EACH CERTIFICATE SHALL CONTAIN SUCH INFORMA-
TION AS REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, INCLUDING
A CERTIFICATE DATE.
(2) THE SUPERINTENDENT SHALL SOLELY DETERMINE THE TAX CREDIT ELIGIBIL-
ITY OF ANY INSURANCE COMPANY AND SHALL REVOKE ANY CERTIFICATE OF TAX
CREDIT ISSUED TO AN INSURANCE COMPANY THAT NO LONGER QUALIFIES FOR A TAX
CREDIT. THE SUPERINTENDENT SHALL MODIFY THE AMOUNT OF THE CREDIT SHOWN
ON ANY SUCH CERTIFICATE IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNT
CERTIFIED UNDER SUBSECTION (B) OF THIS SECTION WAS NOT COMPUTED PROPERLY
PURSUANT TO THIS SECTION.
(3) TO BE ISSUED A CERTIFICATE OF TAX CREDIT BY THE SUPERINTENDENT,
EACH INSURANCE COMPANY SHALL:
(A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
INSURANCE COMPANY'S TAX INFORMATION RELEVANT TO THE ADMINISTRATION OF
THIS SECTION WITH THE SUPERINTENDENT. HOWEVER, ANY INFORMATION SHARED
WITH THE SUPERINTENDENT AS A RESULT OF THIS SECTION SHALL NOT BE AVAIL-
ABLE FOR PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW;
(B) ALLOW THE SUPERINTENDENT AND THE CORPORATION ACCESS TO ANY AND ALL
BOOKS AND RECORDS THE SUPERINTENDENT OR CORPORATION MAY REQUIRE TO MONI-
TOR COMPLIANCE WITH THIS SECTION; AND
(C) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE SUPER-
INTENDENT RELEVANT TO THIS SECTION.
§ 6. Subdivision (f) of section 1511 of the tax law, as amended by
chapter 803 of the laws of 1985, paragraph 1 as amended by chapter 217
of the laws 2012, subparagraph (B) of paragraph 3 as further amended by
section 104 of part A of chapter 62 of the laws of 2011 and paragraph 5
as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(f) Credit relating to life AND HEALTH insurance guaranty corporation
assessments. [A] (1) ALLOWANCE OF CREDIT. FOR TAXABLE YEARS BEGINNING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A credit shall be
allowed against the tax imposed pursuant to this article (other than
section fifteen hundred five-a of this article)[, for a portion of the
assessments paid by a taxpayer pursuant to article seventy-five or
section seven thousand seven hundred nine of the insurance law. The
credit shall be determined in accordance with the following provisions]
AS HEREINAFTER PROVIDED.
[(1)] (2) AMOUNT OF CREDIT. The [maximum authorized] AMOUNT OF THE
credit for each taxpayer shall [be determined as provided in] EQUAL THE
AMOUNT SHOWN ON THE CERTIFICATE OF TAX CREDIT, OR THE AMOUNTS SHOWN ON
SUCH CERTIFICATES, ISSUED TO SUCH TAXPAYER PURSUANT TO section seven
thousand seven hundred twelve of the insurance law. WITH RESPECT TO
EACH SUCH CERTIFICATE, THE AMOUNT OF THE CREDIT MUST BE CLAIMED IN THE
TAXABLE YEAR THAT BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS
ISSUED.
[(2) Thirty-three and one-third per centum of the maximum authorized
credit for the second calendar year preceding the taxable year, plus any
amount carried forward under subparagraph (C) of paragraph three of this
subdivision or paragraph four of this subdivision, shall be allowed as a
credit under this subdivision for such taxable year, and thirty-three
and one third per centum of such maximum authorized credit for such
second preceding calendar year, plus any amount carried forward under
subparagraph (C) of this subdivision or paragraph four of this subdivi-
S. 8308--A 128 A. 8808--A
sion, shall be allowed in each of the two taxable years following such
taxable year.]
(3) [(A) For each calendar year for which a credit has been authorized
pursuant to section seven thousand seven hundred twelve of the insurance
law, the commissioner of taxation and finance shall determine the total
tax liability of all life insurance corporations under this article,
other than under section fifteen hundred five-a of this article, before
the application of any credits allowed pursuant to this section, for
taxable years beginning in such calendar year. Such total tax liability
shall be published in the state register on or before the thirtieth day
of September of the next succeeding calendar year.
(B) The credit allowed under paragraph two of this subdivision for
each taxpayer shall not exceed the product of (x) and (y) where (x) is a
fraction, the numerator of which is the sum of the gross assessments
paid by the particular taxpayer during the calendar year for which the
credit has been authorized and the denominator of which is the sum of
the gross assessments paid by all companies during such year, both as
shown in the most recent statement of operations furnished by the super-
intendent of financial services under subsection (a) of section seven
thousand seven hundred twelve of the insurance law and both the numera-
tor and denominator being reduced, as appropriate, by any refunds or
reimbursements and (y) is the greater of (i) forty per centum of the
total tax liability published by the commissioner pursuant to subpara-
graph (A) of this paragraph and (ii) forty million dollars.
(C) The amount by which the allowable credit computed without refer-
ence to the limitation contained in subparagraph (B) of this paragraph
exceeds the allowable credit for such taxable year shall be carried
forward as a credit under paragraph two of this subdivision.
(D) With respect to estimated taxes payable under section fifteen
hundred fourteen of this article any increase in estimated taxes due to
the limitation imposed by this paragraph shall be deemed timely paid if
paid on or before the fifteenth day of December next following the date
specified in subparagraph (A) of this paragraph.] CARRYOVER. THE CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE OR
SECTION FIFTEEN HUNDRED TWO-A OF THIS ARTICLE, WHICHEVER IS APPLICABLE.
HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR
ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
(4) [If for any taxable year the credits allowable under paragraph two
of this subdivision determined without regard to this paragraph exceed
the taxpayer's liability for taxes under this article for the taxable
year after the allowance of all other credits under this section, then
the sum of two hundred fifty dollars and the amount by which such cred-
its under this subdivision exceed such tax liability shall be carried
forward as a credit under paragraph two of this subdivision for the
taxable year next following.] ELIGIBILITY. TO BE ELIGIBLE FOR THE CRED-
IT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE, OR CERTIFICATES,
OF TAX CREDIT BY THE DEPARTMENT OF FINANCIAL SERVICES PURSUANT TO
SECTION SEVEN THOUSAND SEVEN HUNDRED TWELVE OF THE INSURANCE LAW, EACH
OF WHICH CERTIFICATES SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY
BE CLAIMED AND THE CERTIFICATE DATE. A TAXPAYER THAT IS A PARTNER IN A
PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
S. 8308--A 129 A. 8808--A
SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE, OR CERTIF-
ICATES, OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S
CORPORATION.
(5) [No credit allowed pursuant to this subdivision shall reduce the
tax payable by any taxpayer under this article for any taxable year to
an amount less than the minimum tax fixed by paragraph four of subdivi-
sion (a) of section fifteen hundred two of this article or section
fifteen hundred two-a of this article, whichever is applicable.] TAX
RETURN REQUIREMENT. THE TAXPAYER IS REQUIRED TO INCLUDE WITH ITS TAX
RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF
ITS CERTIFICATE, OR CERTIFICATES, OF TAX CREDIT ISSUED BY THE DEPARTMENT
OF FINANCIAL SERVICES.
(6) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
TER, EMPLOYEES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
(A) INFORMATION REGARDING THE CREDIT ALLOWED OR CLAIMED PURSUANT TO
THIS SUBDIVISION AND TAXPAYERS THAT ARE CLAIMING THE CREDIT; AND
(B) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT. ALL INFORMATION EXCHANGED BETWEEN THE
DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT SHALL NOT BE SUBJECT
TO PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW.
(7) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE
DEPARTMENT OF FINANCIAL SERVICES UNDER SECTION SEVEN THOUSAND SEVEN
HUNDRED TWELVE OF THE INSURANCE LAW IS REVOKED BY SUCH DEPARTMENT, THE
AMOUNT OF CREDIT DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE
TAXPAYER PRIOR TO SUCH REVOCATION SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. IF AN AMOUNT OF
CREDIT ON ANY SUCH CERTIFICATE OF TAX CREDIT IS MODIFIED BY THE DEPART-
MENT OF FINANCIAL SERVICES, THE DIFFERENCE BETWEEN THE AMOUNT OF CREDIT
DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO SUCH
MODIFICATION AND THE MODIFIED AMOUNT SHALL BE ADDED BACK TO TAX IN THE
TAXABLE YEAR IN WHICH ANY SUCH MODIFICATION BECOMES FINAL.
(8) NET ASSESSMENTS. NO AMOUNT OF ANY NET ASSESSMENTS PAID BY SUCH
TAXPAYER INCLUDED AS THE BASIS FOR THE CALCULATION OF THE AMOUNT SHOWN
ON ANY SUCH CERTIFICATE SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT
UNDER THIS CHAPTER.
§ 7. Notwithstanding the provisions of sections one through six of
this act, in 2024, for the calendar year 2023, the superintendent of
financial services shall furnish the statement of operations for the
life insurance guaranty corporation and the life and health insurance
company guaranty corporation of New York as provided in subsection (a)
of section 7712 of the insurance law, as such provision of law was in
effect immediately prior to the effective date of this act.
§ 8. Notwithstanding the provisions of sections one through seven of
this act, an insurance company allowed a tax credit pursuant to section
7712 of the insurance law and subdivision (f) of section 1511 of the tax
law, as such provisions of law were in effect immediately prior to the
effective date of this act, shall continue to be allowed the credit
relating to life insurance guaranty corporation assessments under such
subdivision (f), for assessments paid on or before December 31, 2023, as
follows:
(i) any amount of such credit that has not been claimed in a taxable
year beginning before January 1, 2024 shall be allowed as a credit
against the tax imposed pursuant to article 33 of the tax law, other
S. 8308--A 130 A. 8808--A
than section 1505-a of such article, in the taxable year beginning on or
after such date; and
(ii) any amount of credit allowed pursuant to the previous paragraph
shall be subject to the carryover provision of paragraph 3 of subdivi-
sion (f) of section 1511 of the tax law, as such subdivision has been
amended by section six of this act.
§ 9. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2024.
PART MM
Section 1. Short title. This act shall be known and may be cited as
the "artificial intelligence deceptive practices act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement the artificial intelligence deceptive practices act.
Each component is wholly contained within a Subpart identified as
Subparts A through C. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes a reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section four of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. Section 50 of the civil rights law is amended to read as
follows:
§ 50. Right of privacy. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the name, portrait
[or], picture, LIKENESS, OR VOICE of any living person without having
first obtained the written consent of such person, or if a minor of [his
or her] SUCH MINOR'S parent or guardian, is guilty of a misdemeanor.
§ 2. Section 51 of the civil rights law, as amended by chapter 674 of
the laws of 1995, is amended to read as follows:
§ 51. Action for injunction and for damages. Any person whose name,
portrait, picture, LIKENESS or voice is used within this state for
advertising purposes or for the purposes of trade without the written
consent first obtained as above provided may maintain an equitable
action in the supreme court of this state against the person, firm or
corporation so using [his] SUCH PERSON'S name, portrait, picture, LIKE-
NESS or voice, to prevent and restrain the use thereof; and may also sue
and recover damages for any injuries sustained by reason of such use and
if the defendant shall have knowingly used such person's name, portrait,
picture, LIKENESS or voice in such manner as is forbidden or declared to
be unlawful by section fifty of this article, the jury, in its
discretion, may award exemplary damages. But nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration from selling or otherwise transferring any material containing
such name, portrait, picture, LIKENESS or voice in whatever medium to
any user of such name, portrait, picture, LIKENESS or voice, or to any
third party for sale or transfer directly or indirectly to such a user,
for use in a manner lawful under this article; nothing contained in this
article shall be so construed as to prevent any person, firm or corpo-
ration, practicing the profession of photography, from exhibiting in or
S. 8308--A 131 A. 8808--A
about [his or its] THEIR establishment specimens of the work of such
establishment, unless the same is continued by such person, firm or
corporation after written notice objecting thereto has been given by the
person portrayed; and nothing contained in this article shall be so
construed as to prevent any person, firm or corporation from using the
name, portrait, picture, LIKENESS or voice of any manufacturer or dealer
in connection with the goods, wares and merchandise manufactured,
produced or dealt in by [him] SUCH MANUFACTURER OR DEALER which [he has]
THEY HAVE sold or disposed of with such name, portrait, picture, LIKE-
NESS or voice used in connection therewith; or from using the name,
portrait, picture, LIKENESS or voice of any author, composer or artist
in connection with [his] THEIR literary, musical or artistic productions
which [he has] THEY HAVE sold or disposed of with such name, portrait,
picture, LIKENESS or voice used in connection therewith. Nothing
contained in this section shall be construed to prohibit the copyright
owner of a sound recording from disposing of, dealing in, licensing or
selling that sound recording to any party, if the right to dispose of,
deal in, license or sell such sound recording has been conferred by
contract or other written document by such living person or the holder
of such right. Nothing contained in the foregoing sentence shall be
deemed to abrogate or otherwise limit any rights or remedies otherwise
conferred by federal law or state law.
§ 3. The opening paragraph of subdivision 1 and subdivisions 4 and 5
of section 52-b of the civil rights law, as added by chapter 109 of the
laws of 2019, are amended and a new subdivision 11 is added to read as
follows:
Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, regardless of whether or not the
original still or video image was consensually obtained, shall have a
cause of action against an individual who, for the purpose of harassing,
annoying or alarming such person, disseminated or published, or threat-
ened to disseminate or publish, such still or video image, where such
image:
4. Any person depicted in a still or video image, INCLUDING AN IMAGE
CREATED OR ALTERED BY DIGITIZATION, that depicts an unclothed or exposed
intimate part of such person, or such person engaging in sexual conduct
as defined in subdivision ten of section 130.00 of the penal law with
another person, which is disseminated or published without the consent
of such person and where such person had a reasonable expectation that
the image would remain private, may maintain an action or special
proceeding for a court order to require any website that is subject to
personal jurisdiction under subdivision five of this section to perma-
nently remove such still or video image; any such court order granted
pursuant to this subdivision may direct removal only as to images that
are reasonably within such website's control.
5. a. Any website that hosts or transmits a still or video image,
INCLUDING AN IMAGE CREATED OR ALTERED BY DIGITIZATION, viewable in this
state, taken under circumstances where the person depicted had a reason-
able expectation that the image would remain private, which depicts:
(i) an unclothed or exposed intimate part, as defined in section
245.15 of the penal law, of a resident of this state; or
(ii) a resident of this state engaging in sexual conduct as defined in
subdivision ten of section 130.00 of the penal law with another person;
and
b. Such still or video image is hosted or transmitted without the
consent of such resident of this state, shall be subject to personal
S. 8308--A 132 A. 8808--A
jurisdiction in a civil action in this state to the maximum extent
permitted under the United States constitution and federal law.
11. FOR PURPOSES OF THIS SECTION, "DIGITIZATION" MEANS THE USE OF
SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLIGENCE, OR ANY OTHER COMPU-
TER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING ADAPTING, MODIFYING,
MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
§ 4. Paragraph b of subdivision 1 of section 52-c of the civil rights
law, as added by chapter 304 of the laws of 2020, is amended to read as
follows:
b. "digitization" means to realistically depict the nude body parts of
another human being as the nude body parts of the depicted individual,
computer-generated nude body parts as the nude body parts of the
depicted individual or the depicted individual engaging in sexual
conduct, as defined in subdivision ten of section 130.00 of the penal
law, in which the depicted individual did not engage. "DIGITIZATION"
MAY ALSO MEAN THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLI-
GENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING
ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
§ 5. The civil rights law is amended by adding a new section 50-h to
read as follows:
§ 50-H. PRIVATE RIGHT OF ACTION FOR FALSE LIGHT INVASION OF PRIVACY.
1. FOR THE PURPOSES OF THIS SECTION:
A. "DEPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHOSE PICTURE, PORTRAIT
OR VOICE APPEARS IN DIGITALLY-ALTERED MATERIAL IN A REALISTIC MANNER.
B. "ACTOR" MEANS A HUMAN BEING OR A LEGAL ENTITY.
C. "INDIVIDUAL" MEANS A NATURAL INDIVIDUAL.
D. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFI-
CIAL INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REAL-
ISTIC DEPICTION.
E. "DIGITALLY-ALTERED MATERIAL" MEANS ANY AUDIO OR VISUAL MEDIA,
INCLUDING ANY PHOTOGRAPH, FILM, VIDEOTAPE, AUDIO RECORDING OR SIMILAR
MEDIUM THAT HAS BEEN CREATED OR ALTERED IN A REALISTIC MANNER USING
DIGITIZATION.
2. A. A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE OF ACTION AGAINST AN
ACTOR WHO DISCLOSES, DISSEMINATES, OR PUBLISHES DIGITALLY-ALTERED MATE-
RIAL THAT CONTAINS A FALSE STATEMENT OR REPRESENTATION WHICH PLACES SUCH
INDIVIDUAL IN A FALSE LIGHT, IF:
I. THE FALSE LIGHT IN WHICH THE DEPICTED INDIVIDUAL WAS PLACED WOULD
BE HIGHLY OFFENSIVE TO A REASONABLE PERSON; AND
II. (A) WHERE THE DEPICTED INDIVIDUAL IS A PRIVATE PERSON, THE ACTOR
KNEW OR IN THE EXERCISE OF REASONABLE CARE SHOULD HAVE KNOWN OF THE
FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL; OR (B) WHERE THE DEPICTED
INDIVIDUAL IS A PUBLIC FIGURE, THE ACTOR HAD KNOWLEDGE OF OR ACTED WITH
RECKLESS DISREGARD AS TO THE FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL.
B. IT SHALL NOT BE A DEFENSE TO AN ACTION UNDER THIS SECTION THAT
THERE IS A DISCLAIMER THAT THE DIGITALLY-ALTERED MATERIAL THAT PLACES
THE DEPICTED INDIVIDUAL IN A FALSE LIGHT WAS UNAUTHORIZED OR THAT THE
DEPICTED INDIVIDUAL DID NOT PARTICIPATE IN THE CREATION OR DEVELOPMENT
OF THE DIGITALLY-ALTERED MATERIAL.
3. A CAUSE OF ACTION UNDER THIS SECTION SHALL BE COMMENCED THE LATER
OF EITHER:
A. THREE YEARS AFTER THE DISCLOSURE, DISSEMINATION OR PUBLICATION OF
THE DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
FALSE LIGHT;
S. 8308--A 133 A. 8808--A
B. ONE YEAR FROM THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD
HAVE DISCOVERED, THE DISCLOSURE, DISSEMINATION OR PUBLICATION OF SUCH
DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
FALSE LIGHT.
4. IN ANY ACTION COMMENCED PURSUANT TO THIS SECTION, THE FINDER OF
FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE DAMAGES,
COMPENSATORY DAMAGES AND REASONABLE COURT COSTS AND ATTORNEYS' FEES.
5. NOTHING IN THIS SECTION SHALL BE READ TO REQUIRE A PRIOR CRIMINAL
COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE ELEMENTS OF THE
CAUSE OF ACTION PROVIDED FOR IN THIS SECTION.
6. THE PROVISIONS OF THIS SECTION INCLUDING THE REMEDIES ARE IN ADDI-
TION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE
IN LAW OR EQUITY.
7. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
§ 6. This act shall take effect immediately.
SUBPART B
Section 1. Section 10.00 of the penal law is amended by adding a new
subdivision 23 to read as follows:
23. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTI-
FICIAL INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REAL-
ISTIC DEPICTION.
§ 2. The penal law is amended by adding a new section 15.30 to read as
follows:
§ 15.30 EFFECT OF USE OF DIGITIZATION UPON LIABILITY.
A PERSON IS NOT RELIEVED OF CRIMINAL LIABILITY FOR CONDUCT BECAUSE IT
INVOLVES THE USE OF DIGITIZATION, REGARDLESS OF WHETHER THE MATERIAL
CREATED OR ALTERED BY DIGITIZATION INDICATES THROUGH A LABEL OR SOME
OTHER FORM OF INFORMATION PUBLISHED THAT DIGITIZATION WAS USED. EVIDENCE
OF USE OF DIGITIZATION MAY BE OFFERED WHENEVER IT IS RELEVANT TO ESTAB-
LISH OR NEGATIVE THE CRIME CHARGED.
§ 3. Section 245.15 of the penal law, as added by chapter 109 of the
laws of 2019, subdivisions 1 and 2 as amended by chapter 513 of the laws
of 2023, is amended to read as follows:
§ 245.15 Unlawful dissemination or publication of an intimate image OR
AUDIO RECORD.
1. A person is guilty of unlawful dissemination or publication of an
intimate image OR AUDIO RECORD when:
(a) (I) with intent to cause harm to the emotional, financial or phys-
ical welfare of another person, they intentionally disseminate or
publish a still or video image depicting such other person with one or
more intimate parts exposed or engaging in OBSCENE OR sexual conduct
[with another person], including an image created or altered by digiti-
zation, where such person may reasonably be identified from the still or
video image itself or from information displayed in connection with the
still or video image; and
S. 8308--A 134 A. 8808--A
[(b)] (II) the actor knew or reasonably should have known that the
person depicted did not consent to such dissemination or publication,
including the dissemination or publication of an image taken with the
consent of the person depicted when such person had a reasonable expec-
tation that the image would remain private, regardless of whether the
actor was present when such image was taken[.]; OR
(B) (I) WITH INTENT TO CAUSE HARM TO THE EMOTIONAL, FINANCIAL OR PHYS-
ICAL WELFARE OF ANOTHER PERSON, THEY INTENTIONALLY DISSEMINATE OR
PUBLISH AN AUDIO RECORD DEPICTING SUCH OTHER PERSON ENGAGING IN SEXUAL
OR OBSCENE CONDUCT, INCLUDING AN AUDIO RECORD CREATED OR ALTERED BY
DIGITIZATION, WHERE SUCH PERSON MAY REASONABLY BE IDENTIFIED FROM THE
AUDIO RECORD ITSELF OR FROM INFORMATION DISPLAYED IN CONNECTION WITH THE
AUDIO RECORD; AND
(II) THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON
DEPICTED DID NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION, INCLUDING
THE DISSEMINATION OR PUBLICATION OF AN AUDIO RECORD TAKEN WITH THE
CONSENT OF THE PERSON DEPICTED WHEN SUCH PERSON HAD A REASONABLE EXPEC-
TATION THAT THE AUDIO RECORD WOULD REMAIN PRIVATE, REGARDLESS OF WHETHER
THE ACTOR WAS PRESENT WHEN SUCH AUDIO RECORD WAS TAKEN.
2. For purposes of this section the following terms shall have the
following meanings:
(a) "intimate part" means the naked genitals, pubic area, anus or
female nipple of the person;
(b) "disseminate" and "publish" shall have the same meaning as defined
in section 250.40 of this title;
(c) "sexual conduct" shall have the same meaning as defined in subdi-
vision ten of section 130.00 of this chapter; and
(d) ["digitization" shall mean to alter an image in a realistic manner
utilizing an image or images of a person, other than the person
depicted, or computer generated images] "OBSCENE" SHALL HAVE THE SAME
MEANING AS DEFINED IN SECTION 235.00 OF THIS PART.
3. This section shall not apply to the following:
(a) the reporting of unlawful conduct;
(b) dissemination or publication of an intimate image OR AUDIO RECORD
made during lawful and common practices of law enforcement, legal
proceedings or medical treatment;
(c) images AND AUDIO RECORDS involving voluntary exposure in a public
or commercial setting; or
(d) dissemination or publication of an intimate image OR AUDIO RECORD
made for a legitimate public purpose.
4. Nothing in this section shall be construed to limit, or to enlarge,
the protections that 47 U.S.C § 230 confers on an interactive computer
service for content provided by another information content provider, as
such terms are defined in 47 U.S.C. § 230.
Unlawful dissemination or publication of an intimate image OR AUDIO
RECORD is a class A misdemeanor.
§ 4. Section 135.60 of the penal law, as amended by section 1 of part
NN of chapter 55 of the laws of 2018, the opening paragraph as amended
by chapter 484 of the laws of 2021, subdivision 10 as added by chapter
447 of the laws of 2021, is amended to read as follows:
§ 135.60 Coercion in the third degree.
A person is guilty of coercion in the third degree when [he or she]
SUCH PERSON compels or induces a person to engage in conduct which the
latter has a legal right to abstain from engaging in, or to abstain from
engaging in conduct in which [he or she] SUCH LATTER PERSON has a legal
right to engage, or compels or induces a person to join a group, organ-
S. 8308--A 135 A. 8808--A
ization or criminal enterprise which such latter person has a right to
abstain from joining, or compels or induces a person to produce, dissem-
inate, or otherwise display an image or images OR AUDIO RECORD OR
RECORDS depicting nudity of such person [or], depicting such person
engaged in sexual conduct as defined in subdivisions two and three of
section 235.20 of this chapter, OR DEPICTING SUCH OTHER PERSON ENGAGED
IN CONDUCT THAT IS OBSCENE AS DEFINED IN SECTION 235.00 OF THIS PART,
INCLUDING WHEN SUCH MATERIAL IS CREATED OR ALTERED BY DIGITIZATION, by
means of instilling in [him or her] SUCH OTHER PERSON a fear that, if
the demand is not complied with, the actor or another will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against [him or her] SUCH PERSON; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
6. Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
8. Use or abuse [his or her] THEIR position as a public servant by
performing some act within or related to [his or her] THEIR official
duties, or by failing or refusing to perform an official duty, in such
manner as to affect some person adversely; or
9. Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to [his or her] THEIR health, safety, business, calling, career,
financial condition, reputation or personal relationships.
10. Report [his or her] THE PERSON'S immigration status or suspected
immigration status.
Coercion in the third degree is a class A misdemeanor.
§ 5. Section 190.25 of the penal law, the section heading, opening
paragraph and closing paragraph as amended by chapter 27 of the laws of
1980, subdivisions 3 and 4 as amended and subdivision 5 as added by
chapter 739 of the laws of 2021, is amended to read as follows:
§ 190.25 Criminal impersonation in the second degree.
A person is guilty of criminal impersonation in the second degree when
[he] THE PERSON:
1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
2. Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain a benefit
or to injure or defraud another; or
3. (a) Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or facsimile thereof by which
such public servant is lawfully distinguished, or falsely expresses by
[his] words or actions that [he] SUCH PERSON is a public servant or is
acting with approval or authority of a public agency or department; and
(b) so acts with intent to induce another to submit to such pretended
official authority, to solicit funds or to otherwise cause another to
act in reliance upon that pretense; or
S. 8308--A 136 A. 8808--A
4. Impersonates another by communication by internet website or elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce another to submit to such authority or act in reliance on such
pretense; or
5. Impersonates another person, without such other person's permis-
sion, by using the other person's electronic signature with intent to
obtain a benefit or injure or defraud the other person or another
person. For the purposes of this subdivision, electronic signature shall
have the same meaning as set forth in subdivision three of section three
hundred two of the state technology law.
AS USED IN THIS SECTION, "IMPERSONATE" AND "PRETEND" SHALL INCLUDE,
BUT NOT BE LIMITED TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
Criminal impersonation in the second degree is a class A misdemeanor.
§ 6. Section 190.26 of the penal law, as amended by chapter 2 of the
laws of 1998, subdivision 1 as amended by chapter 434 of the laws of
2008, is amended to read as follows:
§ 190.26 Criminal impersonation in the first degree.
A person is guilty of criminal impersonation in the first degree when
[he] THE PERSON:
1. Pretends to be a police officer or a federal law enforcement offi-
cer as enumerated in section 2.15 of the criminal procedure law, or
wears or displays without authority, any uniform, badge or other insig-
nia or facsimile thereof, by which such police officer or federal law
enforcement officer is lawfully distinguished or expresses by [his or
her] words or actions that [he or she] SUCH PERSON is acting with the
approval or authority of any police department or acting as a federal
law enforcement officer with the approval of any agency that employs
federal law enforcement officers as enumerated in section 2.15 of the
criminal procedure law; and
2. So acts with intent to induce another to submit to such pretended
official authority or otherwise to act in reliance upon said pretense
and in the course of such pretense commits or attempts to commit a felo-
ny; or
3. Pretending to be a duly licensed physician or other person author-
ized to issue a prescription for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is required to be reduced to writing pursuant to section thirty-three
hundred thirty-two of the public health law.
AS USED IN THIS SECTION, "PRETEND" SHALL INCLUDE, BUT NOT BE LIMITED
TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
Criminal impersonation in the first degree is a class E felony.
§ 7. The opening paragraph of section 190.78 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of identity theft in the third degree when [he or
she] SUCH PERSON knowingly and with intent to defraud assumes the iden-
tity of another person, INCLUDING WITH THE USE OF DIGITIZATION, by
presenting [himself or herself] THEMSELF as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
§ 8. The opening paragraph of section 190.79 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of [identify] IDENTITY theft in the second degree
when [he or she] SUCH PERSON knowingly and with intent to defraud
assumes the identity of another person, INCLUDING WITH THE USE OF DIGI-
S. 8308--A 137 A. 8808--A
TIZATION, by presenting [himself or herself] THEMSELF as that other
person, or by acting as that other person or by using personal identify-
ing information of that other person, and thereby:
§ 9. The opening paragraph of section 190.80 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
A person is guilty of identity theft in the first degree when [he or
she] SUCH PERSON knowingly and with intent to defraud assumes the iden-
tity of another person, INCLUDING WITH THE USE OF DIGITIZATION, by
presenting [himself or herself] THEMSELF as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
§ 10. The opening paragraph of section 190.80-a of the penal law, as
added by chapter 226 of the laws of 2008, is amended to read as follows:
A person is guilty of aggravated identity theft when [he or she] SUCH
PERSON knowingly and with intent to defraud assumes the identity of
another person, INCLUDING WITH THE USE OF DIGITIZATION, by presenting
[himself or herself] THEMSELF as that other person, or by acting as that
other person or by using personal identifying information of that other
person, and knows that such person is a member of the armed forces, and
knows that such member is presently deployed outside of the continental
United States and:
§ 11. The penal law is amended by adding a new section 245.20 to read
as follows:
§ 245.20 UNLAWFUL DISSEMINATION OR PUBLICATION OF A FABRICATED PHOTO-
GRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD.
1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF A
FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT
TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL
WELFARE OF AN IDENTIFIABLE PERSON OR PERSONS, THE ACTOR INTENTIONALLY
CREATES OR CAUSES TO BE CREATED A FABRICATED RECORD OF SUCH PERSON OR
PERSONS AND DISSEMINATES OR PUBLISHES SUCH RECORD OF SUCH PERSON OR
PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT.
2. FOR PURPOSES OF THIS SECTION:
(A) "IDENTIFIABLE" SHALL MEAN THE ABILITY TO DISCERN AN INDIVIDUAL'S
IDENTITY EITHER THROUGH THE FABRICATED RECORD ITSELF OR FROM INFORMATION
DISPLAYED IN CONNECTION WITH THE FABRICATED RECORD;
(B) "FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD" OR
"FABRICATED RECORD" SHALL MEAN A STILL IMAGE, VIDEO OR AUDIO RECORD
THAT:
(I) EXHIBITS A HIGH LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
(II) IS EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
LIMITED TO, MANIPULATION THROUGH DIGITIZATION; AND
(III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
ALTERED IN A SIGNIFICANT WAY FROM HOW IT ACTUALLY OCCURRED; AND
(C) "DISSEMINATE" AND "PUBLISH" SHALL HAVE THE SAME MEANINGS AS
DEFINED IN SECTION 250.40 OF THIS TITLE.
3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
(A) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY A PERSON
WHO DID NOT CREATE THE FABRICATED RECORD OR CAUSE THE FABRICATED RECORD
TO BE CREATED, WHETHER OR NOT SUCH PERSON IS AWARE OF THE AUTHENTICITY
OF THE RECORD;
(B) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED DURING THE LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
PROCEEDINGS OR MEDICAL TREATMENT WHERE THE RECORD IS NOT DISSEMINATED OR
PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
S. 8308--A 138 A. 8808--A
(C) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF POLITICAL OR SOCIAL COMMENTARY, PARODY,
SATIRE, OR ARTISTIC EXPRESSION THAT IS NOT DISSEMINATED OR PUBLISHED
WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
(D) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF NEWS REPORTING WHERE THE RECORD IS NOT
DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
ITY;
(E) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED WHERE THE PERSON REASONABLY BELIEVES THAT THE DISSEMINATION OR
PUBLICATION OF THE RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERI-
OUS BODILY INJURY OR DEATH;
(F) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF HISTORICAL REENACTMENT OR PRESERVATION,
DIGITAL RESTORATION OR PRESERVATION OF CULTURAL HERITAGE WHERE THE
RECORD IS NOT DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT
ITS AUTHENTICITY;
(G) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF TRAINING OR EDUCATION, PROVIDED HOWEVER THAT
SUCH TRAINING OR EDUCATION SHALL NOT INCLUDE THE TRAINING OR EDUCATION
OF A PERSON OR PERSONS TO ENGAGE IN UNLAWFUL ACTIVITIES;
(H) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF MEMORIALIZING A DECEASED PERSON;
(I) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD THAT WAS
CREATED FOR THE PURPOSE OF LAWFUL SCIENTIFIC, ACADEMIC, OR TECHNOLOGICAL
RESEARCH OR DEVELOPMENT WHERE THE RECORD IS NOT DISSEMINATED OR
PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; AND
(J) INITIAL DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY THE
PLATFORM OR SERVICE, PROVIDED THAT THE FABRICATED RECORD WAS NOT CREATED
BY AN INDIVIDUAL WHO IS DIRECTLY AFFILIATED WITH THE PLATFORM OR
SERVICE.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
UNLAWFUL DISSEMINATION OR PUBLICATION OF A FABRICATED PHOTOGRAPHIC,
VIDEOGRAPHIC, OR AUDIO RECORD IS A CLASS A MISDEMEANOR.
§ 12. Section 263.10 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 263.10 Promoting an obscene sexual performance by a child.
A person is guilty of promoting an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
produces, directs or promotes any obscene performance which includes
sexual conduct by a child less than seventeen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
Promoting an obscene sexual performance by a child is a class D felo-
ny.
§ 13. Section 263.11 of the penal law, as amended by chapter 456 of
the laws of 2012, is amended to read as follows:
§ 263.11 Possessing an obscene sexual performance by a child.
A person is guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
knowingly has in [his] SUCH PERSON'S possession or control, or knowingly
accesses with intent to view, any obscene performance which includes
sexual conduct by a child less than sixteen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
S. 8308--A 139 A. 8808--A
Possessing an obscene sexual performance by a child is a class E felo-
ny.
§ 14. Section 263.15 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 263.15 Promoting a sexual performance by a child.
A person is guilty of promoting a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON produces,
directs or promotes any performance which includes sexual conduct by a
child less than seventeen years of age, INCLUDING A PERFORMANCE CREATED
OR ALTERED BY DIGITIZATION.
Promoting a sexual performance by a child is a class D felony.
§ 15. Section 263.16 of the penal law, as amended by chapter 456 of
the laws of 2012, is amended to read as follows:
§ 263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON knowingly
has in [his] SUCH PERSON'S possession or control, or knowingly accesses
with intent to view, any performance which includes sexual conduct by a
child less than sixteen years of age, INCLUDING A PERFORMANCE CREATED OR
ALTERED BY DIGITIZATION.
Possessing a sexual performance by a child is a class E felony.
§ 16. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART C
Section 1. Section 14-106 of the election law is amended by adding a
new subdivision 5 to read as follows:
5. (A) FOR PURPOSES OF THIS SUBDIVISION:
(I) "DIGITIZATION" MEANS USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL
INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS,
INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC
DEPICTION.
(II) "DECEPTIVE MEDIA" MEANS ANY VIDEO RECORDING, MOTION PICTURE,
FILM, AUDIO RECORDING, ELECTRONIC IMAGE, PHOTOGRAPH, TEXT, OR ANY TECH-
NOLOGICAL REPRESENTATION OF SPEECH OR CONDUCT FULLY OR PARTIALLY CREATED
OR MODIFIED THROUGH DIGITIZATION THAT:
(1) EXHIBITS A HIGH LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY; AND
(2) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
(B) (I) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE,
OR ORGANIZATION THAT WITH THE INTENT TO UNDULY INFLUENCE THE OUTCOME OF
AN ELECTION OR DECEIVE A VOTER, KNOWINGLY DISTRIBUTES OR PUBLISHES WITH-
IN SIXTY DAYS OF AN ELECTION ANY POLITICAL COMMUNICATION THAT WAS
PRODUCED BY OR INCLUDES DIGITIZED DECEPTIVE MEDIA SHALL BE REQUIRED TO
DISCLOSE THE USE OF SUCH DIGITIZATION.
(II) (1) FOR VISUAL MEDIA THE DISCLOSURE SHALL BE PRINTED OR TYPED IN
AN APPROPRIATE LEGIBLE FONT SIZE CONSISTENT WITH OTHER TEXT APPEARING IN
THE VISUAL MEDIA AND IN THE SAME LANGUAGE USED ON THE COMMUNICATION TO
READ AS FOLLOWS: "THIS POLITICAL COMMUNICATION WAS CREATED WITH THE
ASSISTANCE OF DIGITIZATION".
(2) FOR COMMUNICATION THAT IS AUDITORY, SUCH AS RADIO OR AUTOMATED
TELEPHONE CALLS, CLEARLY SPEAKING THE STATEMENT AT THE BEGINNING OF THE
AUDIO IN THE SAME LANGUAGE USED IN THE COMMUNICATION SATISFIES THE
REQUIREMENTS OF CLAUSE ONE OF THIS SUBPARAGRAPH.
S. 8308--A 140 A. 8808--A
(III) THIS PARAGRAPH SHALL NOT APPLY TO THE FOLLOWING:
(1) DECEPTIVE MEDIA THAT CONSTITUTES SATIRE OR PARODY;
(2) DECEPTIVE MEDIA CREATED FOR THE PURPOSES OF NEWS REPORTING; OR
(3) INITIAL DISSEMINATION BY A PLATFORM OR SERVICE INCLUDING, BUT NOT
LIMITED TO, A WEBSITE, REGULARLY PUBLISHED NEWSPAPER, OR MAGAZINE.
(C)(I) A REGISTERED VOTER MAY SEEK INJUNCTIVE OR OTHER EQUITABLE
RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION, OR BROADCASTING OF ANY
DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER THIS
PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR ORDER TO SHOW
CAUSE IN THE SUPREME COURT WHERE THE VOTER RESIDES.
(II) A CANDIDATE WHOSE VOICE OR LIKENESS APPEARS IN DECEPTIVE MEDIA IN
VIOLATION OF THIS SUBDIVISION MAY SEEK INJUNCTIVE RELIEF OR OTHER EQUI-
TABLE RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION OR BROADCASTING
OF ANY DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER
THIS PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR AN ORDER
TO SHOW CAUSE IN THE SUPREME COURT WHERE THE DECEPTIVE MEDIA AT ISSUE
COULD DECEIVE AND INFLUENCE ELECTORS IN AN UPCOMING ELECTION.
(III) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO LIMIT OR PRECLUDE A
PLAINTIFF FROM PURSUING OR RECOVERING ANY OTHER AVAILABLE REMEDY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, 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, subpart or part thereof directly involved in the contro-
versy 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 here-
in.
§ 4. 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 NN
Section 1. Section 2328 of the insurance law, as amended by chapter
182 of the laws of 2023, is 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-six, no] 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, notwithstanding any
inconsistent provisions of this article[; provided, however, that chang-
es 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 covering
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.
S. 8308--A 141 A. 8808--A
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through NN of this act shall be
as specifically set forth in the last section of such Parts.