[ ] is old law to be omitted.
LBD12573-04-3
S. 4008--B 2
thereof (Part J); to amend the vehicle and traffic law, in relation to
establishing speed limits in cities with populations in excess of one
million people (Part K); to amend the vehicle and traffic law, in
relation to certain convictions which shall preclude relicensing of
drivers (Subpart A); to amend the vehicle and traffic law and the
penal law, in relation to the ignition interlock program (Subpart B);
and to amend the vehicle and traffic law, in relation to paying drug-
impaired driving surcharges to counties to reduce drug-impaired driv-
ing incidences (Subpart C) (Part L); to amend the vehicle and traffic
law, in relation to county clerk retention of fees (Part M); to amend
the vehicle and traffic law, in relation to increasing fees for
violations, to notices of violations and dismissal of violations, and
to appeals of final determinations of a hearing examiner; and to amend
the administrative code of the city of New York, in relation to school
bus parking on city streets (Part N); intentionally omitted (Part O);
to amend the vehicle and traffic law, in relation to requiring the
driver of a vehicle involved in an accident involving no personal
injury or death, to move the vehicle to a safe location in the vicini-
ty of the incident (Part P); intentionally omitted (Part Q); to amend
the racing, pari-mutuel wagering and breeding law, the state finance
law and the public authorities law, in relation to the disposition of
money from certain gaming activity; and providing for the repeal of
such provisions upon expiration thereof (Part R); intentionally omit-
ted (Part S); to amend the real property law, in relation to condomin-
ium declarations; and to repeal certain provisions of such law relat-
ing thereto (Part T); to amend 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, in relation to the effectiveness thereof (Part U); inten-
tionally omitted (Part V); intentionally omitted (Part W); to amend
the public officers law, in relation to providing virtual meeting
flexibility for public bodies serving individuals with disabilities
and having members with disabilities (Part X); to amend the general
business law, in relation to reducing barriers to occupational licens-
ing for cosmetologists (Part Y); intentionally omitted (Part Z); to
amend the public authorities law, in relation to authorizing the
dormitory authority to provide its services to recipients of grants
and loans from the downtown revitalization program and NY forward
program (Part AA); to amend the public authorities law, in relation to
requiring the dormitory authority to submit an annual report on the
pilot program for the procurement of goods or services from, or for
the construction, reconstruction, rehabilitation or improvement of
facilities by small businesses and minority-owned and women-owned
business enterprises; to amend chapter 97 of the laws of 2019 amending
the public authorities law relating to the award of contracts to small
businesses, minority-owned business enterprises and women-owned busi-
ness enterprises, in relation to extending the effectiveness thereof
(Part BB); intentionally omitted (Part CC); to amend the economic
development law, in relation to establishing a matching grant program
for certain small businesses receiving funding under the federal small
business innovation research program or the small business technology
transfer program (Part DD); intentionally omitted (Part EE); inten-
tionally omitted (Part FF); to amend chapter 393 of the laws of 1994,
amending the New York state urban development corporation act relating
to the powers of the New York state urban development corporation to
make loans, in relation to extending loan powers (Part GG); to amend
S. 4008--B 3
the executive law, in relation to reciprocal minority and women-owned
business enterprise certification; to amend the state finance law, in
relation to discretionary purchases to certified minority and women-
owned business enterprises; to amend the New York city charter, in
relation to procurements of goods, services and construction; to
amend the banking law and the New York state urban development
corporation act, in relation to the capital access program; and to
repeal certain provisions of the executive law relating thereto (Part
HH); intentionally omitted (Part II); to amend the New York state
urban development corporation act, in relation to extending the
authority of the New York state urban development corporation to
administer the empire state economic development fund (Part JJ);
intentionally omitted (Part KK); to amend part BB of chapter 58 of the
laws of 2012, amending the public authorities law, relating to author-
izing the dormitory authority to enter into certain design and
construction management agreements, in relation to the effectiveness
thereof (Part LL); to amend the vehicle and traffic law and the parks,
recreation and historic preservation law, in relation to fees for the
registration of snowmobiles and fees collected for the snowmobile
trail and maintenance fund (Part MM); intentionally omitted (Part NN);
to amend the general municipal law, in relation to purchase contracts
for New York state grown, harvested, or produced food and food
products; and to amend the state finance law, in relation to procure-
ment goals for New York state food products and to requiring annual
summary detailing each state agency contract made which satisfies the
New York state food product procurement goals (Part OO); to amend the
environmental conservation law, in relation to enacting the packaging
reduction and recycling infrastructure act; and the state finance law,
in relation to creating the waste reduction and reuse infrastructure
fund (Part PP); to amend the environmental conservation law, in
relation to environmental restoration projects; and to repeal certain
provisions of law relating thereto (Part QQ); intentionally omitted
(Part RR); to amend the environmental conservation law, in relation to
pesticide registration timetables and fees and to amend chapter 67 of
the laws of 1992, amending the environmental conservation law relating
to pesticide product registration timetables and fees, in relation to
the effectiveness thereof (Part SS); to amend the county law, in
relation to enacting the "Suffolk county water quality restoration
act", authorizing the county of Suffolk to establish a water quality
restoration fund, and authorizing the county of Suffolk to form a
county-wide sewer and wastewater management district and extend the
existing one-quarter of one percent sales tax utilized to finance the
county drinking water protection program until 2060; to amend the
local finance law, in relation to the period of probable usefulness of
septic systems funded by programs established by the county of
Suffolk; and to amend the tax law, in relation to the Suffolk county
water quality restoration fund (Part TT); to amend the local finance
law, in relation to providing a period of probable usefulness for lead
service line replacement programs as a capital asset (Part UU); to
authorize utility and cable television assessments that provide funds
to the department of health from cable television assessment revenues
and to the department of agriculture and markets, department of envi-
ronmental 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 there-
of (Part VV); to amend the energy law, in relation to zero on-site
S. 4008--B 4
greenhouse gas emissions; and to amend the public authorities law and
the public buildings law, in relation to the decarbonization of state-
owned buildings (Part WW); intentionally omitted (Part XX); to amend
part LL of chapter 58 of the laws of 2019 amending the public authori-
ties law relating to the provision of renewable power and energy by
the Power Authority of the State of New York, in relation to extending
the effectiveness thereof (Part YY); 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 department of environmental conservation from an
assessment on gas and electric corporations (Part ZZ); to amend the
environmental conservation law, the public authorities law, the labor
law and the state finance law, in relation to the creation of the New
York cap and invest program and the climate and community protection
fund (Part AAA); intentionally omitted (Part BBB); to amend the parks,
recreation and historic preservation law, in relation to establishing
the state parks passport program (Part CCC); in relation to ordering a
study and report on a proposed extension of the Long Island Motor
Parkway trail, a part of the Brooklyn Queens Greenway, east from
Winchester Boulevard to Little Neck Parkway in the county of Queens to
the trailhead of the planned Motor Parkway trail in the county of
Nassau; and providing for the repeal of such provisions upon expira-
tion thereof (Part DDD); to amend the environmental conservation law,
in relation to requiring the governor to submit an annual agency
climate expenditure report (Part EEE); to amend the environmental
conservation law, in relation to establishing the safe water infras-
tructure action program for the purpose of making payments toward the
replacement and rehabilitation of certain existing drinking water,
storm water and sanitary sewer systems (Part FFF); establishing a
commission to determine what benefits a public bank or network of
public banks owned by the state of New York or by a public authority
constituted by the state of New York can provide; and providing for
the repeal of such provisions upon expiration thereof (Part GGG); to
amend the environmental conservation law, in relation to returnable
bottles (Part HHH); in relation to conducting a study of public and
private museums in New York state (Part III); to amend the environ-
mental conservation law, in relation to establishing the climate
change cost recovery program (Part JJJ); to amend the environmental
conservation law, in relation to the protection of certain streams
(Part KKK); directing the department of public service to prepare a
written report on the affordability of utility services (Part LLL); to
amend the public service law and the transportation corporations law,
in relation to aligning utility regulation with state climate justice
and emission reduction targets; to repeal section 66-b of the public
service law relating to continuation of gas service; and to repeal
section 66-g of the public service law relating to the sale of indige-
nous natural gas for generation of electricity (Part MMM); to amend
the economic development law, in relation to allowing for eligibility
of NY HEMP projects in the Excelsior tax credit program (Part NNN); to
amend the highway law, in relation to authorizing park-and-ride devel-
opment as construction or improvement by the department of transporta-
tion partly at municipal expense (Part OOO); in relation to authoriz-
ing a study pertaining to traffic flow and safety of State Route 35
and State Route 202 from the Hudson River to the border of Connecti-
cut; and providing for the repeal of such provisions upon expiration
S. 4008--B 5
thereof (Part PPP); to amend the New York state urban development
corporation act, in relation to creating the "NYS entrepreneurial
training act" (Part QQQ); to establish the East of Hudson watershed
road salt reduction task force and pilot program; and providing for
the repeal of such provisions upon expiration thereof (Part RRR); to
amend the highway law, in relation to the rate paid by the state to a
city for maintenance and repair of highways (Part SSS); to amend the
vehicle and traffic law, in relation to establishing scramble cross-
walks leading to and from school buildings during times of student
arrival and dismissal (Part TTT); to amend the public authorities law,
in relation to the Long Island Rail Road weekend reduced fare program
(Part UUU); to amend the public authorities law, in relation to
E-ZPass availability and waiving deposit fees for a certain period
after a rate increase (Part VVV); to amend the executive law, in
relation to participation by minority group members and women with
respect to certain state contracts; and to amend the state finance
law, in relation to performance and payment bond requirements (Part
WWW); to amend the public authorities law, in relation to establishing
a local authorities searchable subsidy and economic development bene-
fits database; to amend the general municipal law, in relation to the
obligations of certain industrial development agencies; and to amend
the not-for-profit corporation law, in relation to the status of
certain local development corporations (Part XXX); to repeal subdivi-
sion 6 of section 51 of the public authorities law, relating to voting
by members of the New York state authorities control board (Part YYY);
to amend the real property tax law, in relation to ending the real
property tax exemption for certain real property that is used for home
games for certain professional sports teams (Part ZZZ); to amend the
public authorities law, in relation to requiring the metropolitan
transportation authority to publish certain information pertaining to
capital project data for projects that are committed for construction
on the capital program dashboard; and to amend the public authorities
law, in relation to requiring the metropolitan transportation authori-
ty to publish certain financial reports on the authority's website
(Part AAAA); to amend the tax law, in relation to the metropolitan
transportation business tax surcharge (Part BBBB); in relation to
ordering a study and report on improvements of State Route 9A in the
Hudson River Greenway portion of State Route 9A; and providing for the
repeal of such provisions upon expiration thereof (Part CCCC); to
amend the vehicle and traffic law, in relation to authorizing a resi-
dential parking permit system in the city of New York (Part DDDD); to
amend the tax law, in relation to the exemption of political subdivi-
sions from the imposition of the metropolitan commuter transportation
mobility tax; and to amend the vehicle and traffic law, in relation to
exempting certain municipalities from certain fees related to the
metropolitan commuter transportation mobility tax (Part EEEE); and to
amend the tax law, in relation to imposing a fee on transportation
network company prearranged trips in New York city (Part FFFF)
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 2023-2024 state fiscal
S. 4008--B 6
year. Each component is wholly contained within a Part identified as
Parts A through FFFF. 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. The vehicle and traffic law is amended by adding a new
section 1111-c-1 to read as follows:
§ 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
OPERATION-RELATED TRAFFIC REGULATIONS. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE
CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A
DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS OPERA-
TION-RELATED TRAFFIC REGULATIONS, AS DEFINED IN SUBDIVISION (F) OF THIS
SECTION. THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK AND/OR
AN APPLICABLE MASS TRANSIT AGENCY, SHALL OPERATE PHOTO DEVICES THAT MAY
BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED
BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON BUSES SELECTED BY THE
APPLICABLE MASS TRANSIT AGENCY.
(B) ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSIBLE IN ANY DISCIPLI-
NARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRANSIT AGENCY OR ANY
SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE DEPARTMENT
INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS. ANY MOBILE BUS PHOTO
DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH BUS TO
CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS OPERATION-RELAT-
ED TRAFFIC REGULATIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE
USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING
SUCH IMAGES TO BE PRODUCED.
(C) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A PHOTO DEVICE
PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY SUCH PHOTO DEVICES SHALL NOT INCLUDE IMAGES
THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE,
PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS
SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE ALLOWS FOR THE IDEN-
TIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE;
2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES CAPTURED BY PHOTO DEVICES
EXCEPT:
(I) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT
PAYMENT OF PENALTIES;
(II) AS REQUIRED BY COURT ORDER;
(III) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE
WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
S. 4008--B 7
(IV) AS OTHERWISE REQUIRED BY LAW.
3. THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES STATING THAT MOBILE
AND STATIONARY PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS RELATING
TO BUS OPERATION TRAFFIC RESTRICTIONS INCLUDING STOPPING, STANDING,
PARKING AND TURNING MOVEMENTS, IN CONFORMANCE WITH STANDARDS ESTABLISHED
IN THE MUTCD; AND
4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION.
(D) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST
SIXTY DAYS THAT PHOTO DEVICES PURSUANT TO THIS SECTION ARE ACTIVE AND IN
OPERATION.
(E) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS
OPERATION-RELATED TRAFFIC REGULATIONS AND SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER
OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS
SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE
UNDERLYING VIOLATION OF SUCH BUS OPERATION-RELATED TRAFFIC REGULATION.
(F) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "PHOTO DEVICE" SHALL MEAN A MOBILE OR STATIONARY DEVICE THAT IS
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF
A BUS OPERATION-RELATED TRAFFIC REGULATION.
3. "BUS OPERATION-RELATED TRAFFIC REGULATIONS" SHALL MEAN THE FOLLOW-
ING RESTRICTIONS SET FORTH IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF THE
RULES OF THE CITY OF NEW YORK: 4-08(C)(3), VIOLATION OF POSTED NO
STANDING RULES PROHIBITED-BUS STOP; 4-08(E)(9), GENERAL NO STOPPING
ZONES-BICYCLE LANES; 4-08(F)(1), GENERAL NO STANDING ZONES-DOUBLE PARK-
ING; AND 4-08(F)(4), GENERAL NO STANDING ZONES-BUS LANES.
4. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
SAID VEHICLE FOR ANY PERIOD OF TIME.
5. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
ANY PERIOD OF TIME.
6. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" MEANS THE
MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
(G) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO DEVICE,
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
THIS SECTION.
S. 4008--B 8
(H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS
OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO THIS SECTION SHALL NOT
EXCEED FIFTY DOLLARS FOR A FIRST OFFENSE, ONE HUNDRED DOLLARS FOR A
SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE HUNDRED FIFTY DOLLARS
FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS
FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY
DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A TWELVE-MONTH PERIOD; AND
PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL
PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD.
(I) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION UNDER THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED IN SUCH RECORD OF MAILING.
2. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN THE
NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE
VIOLATION, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION
NUMBER OF THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCU-
MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
THE PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH
PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
MATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH
HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE
OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED
THEREON.
4. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE PREPARED
AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK,
OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH
NOTIFICATION OF VIOLATION.
(K) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(L) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE UNDER THIS SUBDIVISION, IT SHALL BE SUFFICIENT
THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
S. 4008--B 9
BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK.
(M) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE FOR
THE VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION, PROVIDED
THAT:
(I) PRIOR TO SUCH VIOLATION, THE LESSOR HAS FILED WITH THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK OF THE DATE AND TIME OF A
LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME
AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDI-
TIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT
DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
LATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. FAILURE TO TIMELY
SUBMIT SUCH INFORMATION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY
PRESCRIBED IN THIS SECTION.
2. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF SUBPARAGRAPH (I)
OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE
DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE
FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
ITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
(N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, SUCH OWNER MAY
MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
CLE AT THE TIME OF SUCH VIOLATION.
(O) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A BUS OPERATION-RELATED
TRAFFIC REGULATION.
(P) THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY SHALL
SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES PURSUANT TO
THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, WITHIN TWELVE MONTHS OF
OPERATION OF SUCH PHOTO DEVICES AND EVERY TWO YEARS THEREAFTER. THE
CITY OF NEW YORK AND APPLICABLE MASS TRANSIT AGENCY SHALL ALSO MAKE SUCH
REPORTS AVAILABLE ON THEIR PUBLIC-FACING WEBSITES, PROVIDED THAT THEY
MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION IF THE
CITY FINDS THAT PUBLISHING SPECIFIC LOCATION DATE WOULD JEOPARDIZE
PUBLIC SAFETY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE PHOTO DEVICES
WERE USED UNDER THIS SECTION;
2. THE TOTAL NUMBER OF VIOLATIONS UNDER THIS SECTION RECORDED ON A
MONTHLY AND ANNUAL BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY UNDER THIS SECTION;
5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION, AND AN ITEM-
IZED LIST OF EXPENDITURES MADE BY THE PARTICIPATING MASS TRANSIT AGENCY
WITH THESE REVENUES;
S. 4008--B 10
7. THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND ITS
RESULTS;
8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED UNDER THIS
SECTION;
9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL COST TO ANY
PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION; AND
10. A DETAILED REPORT ON THE BUS SPEEDS, RELIABILITY, AND RIDERSHIP
BEFORE AND AFTER IMPLEMENTATION OF THE DEMONSTRATION PROGRAM FOR EACH
BUS ROUTE, INCLUDING CURRENT STATISTICS.
(Q) ANY REVENUE FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY OF
NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO
BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY
TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
§ 1-a. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (s) to read as follows:
(S) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-C-1
OF THE VEHICLE AND TRAFFIC LAW.
§ 2. The opening paragraph of section 14 of part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demonstration
program to restrict the use of bus lanes by means of bus lane photo
devices, as amended by section 2 of part D of chapter 39 of the laws of
2019, is amended to read as follows:
This act shall take effect on the ninetieth day after it shall have
become a law [and shall expire 15 years after such effective date when
upon such date the provisions of this act shall be deemed repealed]; and
provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
§ 3. Subdivision 1 of section 235 of the vehicle and traffic law, as
separately added by chapters 421, 460, and 773 of the laws of 2021, and
paragraph (h) as relettered by chapter 258 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal: (a) to hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations, or (b) to adjudi-
cate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter, or (c) to adjudicate the liability of
owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or (d) to adjudicate the liability of owners for
violations of bus lane restrictions as defined by article twenty-four of
this chapter imposed pursuant to a bus rapid transit program imposing
S. 4008--B 11
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such bus lane restrictions through the installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter, or (e) to adjudicate the liability of
owners for violations of toll collection regulations imposed by certain
public authorities pursuant to the law authorizing such public authori-
ties to impose monetary liability on the owner of a vehicle for failure
of an operator thereof to comply with toll collection regulations of
such public authorities through the installation and operation of
photo-monitoring systems, in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
the liability of owners for violations of section eleven hundred seven-
ty-four of this chapter when meeting a school bus marked and equipped as
provided in subdivisions twenty and twenty-one-c of section three
hundred seventy-five of this chapter imposed pursuant to a local law or
ordinance imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with school bus red visual
signals through the installation and operation of school bus photo
violation monitoring systems, in accordance with article twenty-nine of
this chapter, or (g) to adjudicate the liability of owners for
violations of section three hundred eighty-five of this chapter and the
rules of the department of transportation of the city of New York in
relation to gross vehicle weight and/or axle weight violations imposed
pursuant to a weigh in motion demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with such gross vehicle weight and/or axle weight restrictions
through the installation and operation of weigh in motion violation
monitoring systems, in accordance with article ten of this chapter, or
(h) to adjudicate the liability of owners for violations of subdivision
(b), (d), (f) or (g) of section eleven hundred eighty of this chapter
imposed pursuant to a demonstration program imposing monetary liability
on the owner of a vehicle for failure of an operator thereof to comply
with such posted maximum speed limits within a highway construction or
maintenance work area through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, such tribunal and the rules and regulations pertaining
thereto shall be constituted in substantial conformance with the follow-
ing sections, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR ANY OTHER
VIOLATION OF A BUS OPERATION-RELATED TRAFFIC RESTRICTION REGULATION, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER.
§ 4. This act shall take effect immediately; provided that sections
one and one-a of this act shall take effect one year after it shall have
become a law and shall expire and be deemed repealed five years after it
shall have become a law, provided, further, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of section one of this act on its effective
date are authorized to be made and completed on or before such effective
date.
PART B
Intentionally Omitted
S. 4008--B 12
PART C
Intentionally Omitted
PART D
Intentionally Omitted
PART E
Intentionally Omitted
PART F
Section 1. This act shall be known and may be cited as the "toll payer
protection act".
§ 2. Section 2985 of the public authorities law is designated to title
11-A of article 9 of such law.
§ 3. Article 9 of the public authorities law is amended by adding a
new title 11-A to read as follows:
TITLE 11-A
TOLL COLLECTIONS
SECTION 2985-A. TOLLS BY MAIL.
§ 2985-A. TOLLS BY MAIL. 1. APPLICABILITY. THIS SECTION SHALL APPLY TO
THE TOLLS BY MAIL PROGRAM AND SHALL NOT APPLY TO THE PAYMENT OF TOLLS BY
MEANS OF AN ELECTRONIC TOLL DEVICE THAT TRANSMITS INFORMATION THROUGH AN
ELECTRONIC TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF
SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE.
2. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL HIGHWAY, BRIDGE OR
TUNNEL FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE PAYMENT
IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY.
(B) "CASHLESS TOLLING MONITORING SYSTEM" SHALL MEAN A VEHICLE SENSOR
WHICH AUTOMATICALLY PRODUCES A RECORDED IMAGE OF A VEHICLE AND LICENSE
PLATE AT THE TIME IT IS USED OR OPERATED AT A CASHLESS TOLLING FACILITY
AND WHOSE OWNER HAS INCURRED AN OBLIGATION TO PAY A TOLL THROUGH THE
CASHLESS TOLLING PROGRAM.
(C) "DEBT COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY
COLLECT OR ATTEMPT TO COLLECT DEBTS OWED OR DUE OR ASSERTED TO BE OWED
OR DUE TO ANOTHER AND SHALL ALSO INCLUDE A BUYER OF DELINQUENT DEBT WHO
SEEKS TO COLLECT SUCH DEBT EITHER DIRECTLY OR THROUGH THE SERVICES OF
ANOTHER BY, INCLUDING BUT NOT LIMITED TO, INITIATING OR USING LEGAL
PROCESSES OR OTHER MEANS TO COLLECT OR ATTEMPT TO COLLECT SUCH DEBT.
(D) "ELECTRONIC MEANS OF COMMUNICATION" SHALL INCLUDE BUT NOT BE
LIMITED TO ELECTRONIC MAIL AND TEXT MESSAGING.
(E) "ELECTRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM OF
COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARGING AN ACCOUNT
HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION OF INFORMATION
FROM AN OPERABLE ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL LANE,
WHICH INFORMATION IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE TOLL OR
CHARGE.
S. 4008--B 13
(F) "LESSEE" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION, OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS EXCLUSIVE USE THEREOF FOR ANY
PERIOD OF TIME.
(G) "LESSOR" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION, OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING
OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE WHEREIN SUCH LESSEE HAS THE EXCLUSIVE USE OF SUCH VEHICLE FOR
ANY PERIOD OF TIME.
(H) "NOTICE OF VIOLATION" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY-
ING SUCH OWNER THAT A TOLL INCURRED AT A CASHLESS TOLLING FACILITY BY
THE OWNER HAS NOT BEEN PAID AT THE PLACE AND TIME AND IN THE MANNER
ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL BILL.
(I) "OPERABLE ELECTRONIC DEVICE" SHALL MEAN AN ELECTRONIC DEVICE THAT
SUCCESSFULLY TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL COLLECTION
SYSTEM.
(J) "OWNER" SHALL MEAN ANY PERSON, CORPORATION, PARTNERSHIP, FIRM,
AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO, AT THE TIME OF INCUR-
RING AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY, AND
WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE NOTICE OF TOLL DUE: (I) IS
THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR (II) HAS TITLE TO
SUCH VEHICLE; OR (III) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHI-
CLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER
JURISDICTION; OR (IV) IS SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDI-
VISION TEN OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE,
USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR (V)
IS A PERSON ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A
SECURITY INTEREST IN ANOTHER PERSON.
(K) "PENALTY" SHALL MEAN ANY LATE PAYMENT FEES, CHARGES, OR MONETARY
PENALTIES IMPOSED BY A PUBLIC AUTHORITY, EXCLUSIVE OF ANY TOLL OR TOLLS
INCURRED AT THE CASHLESS TOLLING FACILITY, FOR FAILURE TO TIMELY PAY AN
OBLIGATION TO PAY A TOLL.
(L) "TOLL BILL" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFYING SUCH
OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED AT A CASHLESS
TOLLING FACILITY, CROSSED A CASHLESS TOLLING MONITORING SYSTEM WITHOUT
AN OPERABLE ELECTRONIC DEVICE AND HAS INCURRED AN OBLIGATION TO PAY A
TOLL.
(M) "TOLLS BY MAIL PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY OR ON
BEHALF OF A PUBLIC AUTHORITY TO IDENTIFY VEHICLES THAT CROSS THROUGH A
CASHLESS TOLLING FACILITY WITHOUT AN OPERABLE ELECTRONIC DEVICE AND TO
SEND A TOLL BILL OR NOTICE OF VIOLATION TO THE OWNER OF THE VEHICLE.
(N) "VIOLATION" SHALL MEAN THE FAILURE OF THE OWNER TO TIMELY RESPOND
TO A TOLL BILL.
3. AUTHORIZATION FOR CASHLESS TOLLING. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, EVERY PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
BRIDGE AND/OR TUNNEL FACILITY AND IS AUTHORIZED PURSUANT TO SECTION
TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE TO PROMULGATE TOLL
COLLECTION REGULATIONS AND TO IMPOSE MONETARY LIABILITY FOR FAILURE TO
COMPLY WITH SUCH REGULATIONS IS HEREBY AUTHORIZED AND EMPOWERED TO OPER-
ATE A DEMONSTRATION PROGRAM FOR UTILIZATION OF CASHLESS TOLLING FACILI-
TIES, CASHLESS TOLLING MONITORING SYSTEMS, AND A TOLLS BY MAIL PROGRAM
AND TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
TO COMPLY WITH THE TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITY
SO LONG AS EACH PUBLIC AUTHORITY COMPLIES WITH THE PROVISIONS OF THIS
SECTION. SUCH PUBLIC AUTHORITY SHALL PROMULGATE REGULATIONS ESTABLISHING
S. 4008--B 14
A DEMONSTRATION PROGRAM FOR THE UTILIZATION OF CASHLESS TOLLING FACILI-
TIES, CASHLESS TOLLING MONITORING SYSTEMS, AND A TOLLS BY MAIL PROGRAM
THAT COMPLY WITH THE PROVISIONS OF THIS SECTION. SUCH REGULATIONS MAY
IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE TO
COMPLY WITH SUCH REGULATIONS. NO PUBLIC AUTHORITY SHALL OWN, OPERATE OR
OTHERWISE FACILITATE A CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONI-
TORING SYSTEM, OR TOLLS BY MAIL PROGRAM WITHOUT FIRST PROMULGATING REGU-
LATIONS PURSUANT TO AND IN COMPLIANCE WITH THIS SECTION.
(B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT RECORDED IMAGES PRODUCED BY SUCH
CASHLESS TOLLING MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDEN-
TIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE. HOWEVER,
NO TOLL BILL OR NOTICE OF VIOLATION ISSUED PURSUANT TO THIS SECTION
SHALL BE INVALID SOLELY BECAUSE A RECORDED IMAGE ALLOWS FOR THE IDEN-
TIFICATION OF THE CONTENTS OF A VEHICLE, PROVIDED THAT SUCH PUBLIC
AUTHORITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF
THIS PARAGRAPH.
(C) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY
SHALL UNDERTAKE A PUBLIC AWARENESS CAMPAIGN REGARDING THE USE OF AND
PROCESS INVOLVED WITH THE PAYMENT OF TOLLS AT CASHLESS TOLLING FACILI-
TIES. EACH PUBLIC AUTHORITY SHALL PROVIDE SUFFICIENT METHODS FOR OWNERS
TO OBTAIN AN OPERABLE ELECTRONIC DEVICE FOR THE ELECTRONIC TOLL
COLLECTION SYSTEM, INCLUDING MAKING SUCH DEVICES AVAILABLE AT ALL REST
AREAS OWNED OR OPERATED BY EACH AUTHORITY.
(D) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY
SHALL MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO
OBTAIN CURRENT INFORMATION ON ANY OUTSTANDING TOLLS AND SHALL IMPLEMENT
A SYSTEM TO NOTIFY THOSE OWNERS WHO SO REQUEST BY ELECTRONIC MEANS OF
COMMUNICATION ABOUT TOLLS AS THEY ARE INCURRED. SUCH WEBSITE AND PHONE
NUMBER SHALL BE PRINTED ON ANY TOLL BILL OR NOTICE OF VIOLATION.
4. OWNER LIABILITY. (A) WITHIN THE JURISDICTION OF EVERY PUBLIC
AUTHORITY WHICH HAS PROMULGATED REGULATIONS PURSUANT TO SUBDIVISION
THREE OF THIS SECTION: (I) THE OWNER SHALL INCUR AN OBLIGATION TO PAY A
TOLL WHEN THE OWNER'S VEHICLE CROSSES THROUGH A CASHLESS TOLLING FACILI-
TY PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH
THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, AND SUCH OBLIGATION IS
EVIDENCED BY INFORMATION OBTAINED FROM THE CASHLESS TOLLING MONITORING
SYSTEM; OR (II) THE OWNER OF A VEHICLE SHALL INCUR AN OBLIGATION TO PAY
A TOLL WHEN SUCH VEHICLE CROSSES A CASHLESS TOLLING FACILITY WITHOUT AN
OPERABLE ELECTRONIC DEVICE AND IS IDENTIFIED BY A CASHLESS TOLLING MONI-
TORING SYSTEM.
(B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH OWNER INCURRED AN OBLIGATION TO PAY A
TOLL AND FAILS TO TIMELY PAY OR RESPOND TO SUCH TOLL IN THE MANNER SET
FORTH IN THE TOLL BILL IN ACCORDANCE WITH THIS SECTION AND SHALL BE
LIABLE FOR PENALTIES IN ACCORDANCE WITH THE PENALTIES SET FORTH HEREIN.
PROVIDED, HOWEVER, NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY
IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS
BEEN CONVICTED OF A VIOLATION OF TOLL COLLECTION REGULATIONS FOR THE
SAME INCIDENT.
5. TOLL BILLS AND NOTICES OF VIOLATION. (A) TOLL BILL. THE PUBLIC
AUTHORITY SHALL WITHIN THIRTY DAYS OF AN OWNER INCURRING AN OBLIGATION
TO PAY A TOLL SEND A TOLL BILL BY FIRST-CLASS MAIL TO SUCH OWNER. (I)
WITHIN THIRTY DAYS OF THE MAILING OF THE TOLL BILL THE OWNER SHALL (A)
PAY THE TOLL, WITHOUT LIABILITY FOR ANY PENALTY, OR (B) CONTEST SUCH
TOLL BILL. (II) THE TOLL BILL SHALL INCLUDE: (A) THE DATE, TIME,
S. 4008--B 15
LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR EACH TOLL;
(B) THE TOTAL AMOUNT OF THE TOLL DUE; (C) THE DATE BY WHICH THE TOLL
MUST BE PAID; (D) THE ADDRESS FOR RECEIPT OF PAYMENT AND METHODS OF
PAYMENT FOR SUCH TOLL BILL; (E) THE PROCEDURE FOR CONTESTING ANY TOLL;
(F) INFORMATION RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO A
TOLL BILL; (G) THE WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO ACCESS
TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED; AND (H) ANY
OTHER INFORMATION REQUIRED BY LAW OR BY THE AUTHORITY. IF AN AUTHORITY
FAILS TO SEND A TOLL BILL AS SET FORTH IN THIS SECTION, THE OWNER SHALL
NOT BE LIABLE FOR PAYMENT OF THE TOLLS, OR ANY PENALTY.
(B) SECOND TOLL BILL. IF AN OWNER FAILS TO RESPOND TO A TOLL BILL
WITHIN THIRTY DAYS OF THE MAILING OF SUCH TOLL BILL, THE PUBLIC AUTHORI-
TY SHALL SEND A SECOND TOLL BILL BY FIRST-CLASS MAIL WITHIN THIRTY DAYS
OF THE DATE THE OWNER WAS REQUIRED TO RESPOND TO SUCH TOLL BILL. SUCH
SECOND TOLL BILL MAY INCLUDE A PENALTY FOR LATE PAYMENT, WHICH SHALL NOT
EXCEED FIVE DOLLARS AND SHALL INCLUDE ALL OF THE INFORMATION REQUIRED
FOR A TOLL BILL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. WITHIN
THIRTY DAYS OF THE MAILING OF THE SECOND TOLL BILL THE OWNER SHALL (I)
PAY THE ASSESSED TOLL AND ANY PENALTY PROVIDED IN SUCH NOTICE, OR (II)
CONTEST TOLL BILL.
(C) NOTICE OF VIOLATION. IF AN OWNER FAILS TO RESPOND TO A SECOND TOLL
BILL WITHIN THIRTY DAYS OF THE MAILING OF SUCH SECOND TOLL BILL, THE
PUBLIC AUTHORITY SHALL SEND BY FIRST-CLASS MAIL A NOTICE OF VIOLATION
WITHIN THIRTY DAYS OF THE DATE THE OWNER WAS REQUIRED TO RESPOND TO SUCH
SECOND TOLL BILL. (I) THE NOTICE OF VIOLATION SHALL INCLUDE: (A) THE
DATE, TIME, LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR
EACH TOLL; (B) THE ASSESSED TOLL AND THE TOTAL AMOUNT OF ALL OUTSTANDING
TOLLS AND PENALTIES AS AUTHORIZED BY THIS SECTION; (C) THE DATE BY WHICH
PAYMENT OF SUCH AMOUNTS ARE DUE; (D) THE ADDRESS FOR RECEIPT OF PAYMENT
AND METHODS OF PAYMENT FOR THE AMOUNTS DUE; (E) THE PROCEDURE FOR
CONTESTING ANY SUCH AMOUNTS; (F) INFORMATION RELATED TO THE FAILURE TO
TIMELY PAY OR RESPOND TO A NOTICE OF VIOLATION; (G) THE WEBSITE ADDRESS
OR HYPERLINK FOR THE OWNER TO ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE
OF EACH TOLL INCURRED; AND (H) ANY OTHER INFORMATION REQUIRED BY LAW OR
BY THE AUTHORITY. THE NOTICE OF VIOLATION MAY INCLUDE A PENALTY WHICH
SHALL BE TWENTY-FIVE DOLLARS OR TWO TIMES THE TOLL EVADED, WHICHEVER IS
GREATER. IF THE AUTHORITY FAILS TO SEND A TIMELY NOTICE OF VIOLATION AS
SET FORTH IN THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF
THE ALLEGED TOLLS OR ANY PENALTY. (II) THE OWNER SHALL HAVE THIRTY DAYS
FROM THE DATE SUCH NOTICE OF VIOLATION WAS SENT TO (A) PAY THE ASSESSED
TOLL AND PENALTIES, OR (B) CONTEST THE NOTICE. IF AN OWNER FAILS TO
RESPOND TO THE NOTICE OF VIOLATION, THE OWNER SHALL BE LIABLE FOR THE
ASSESSED TOLL AND ANY PENALTY AS PROVIDED IN SUCH NOTICE.
(D) ELECTRONIC NOTICE. ANY TOLL BILL REQUIRED BY THIS SECTION TO BE
SENT BY FIRST-CLASS MAIL MAY INSTEAD BE SENT BY ELECTRONIC MEANS OF
COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER IN A FORM
PRESCRIBED BY THE AUTHORITY. PROVIDED THAT, NOTWITHSTANDING THIS SUBDI-
VISION, A TOLL BILL SENT BY ELECTRONIC MEANS OF COMMUNICATION SHALL BE
SENT WITHIN SEVENTY-TWO HOURS OF AN OWNER INCURRING AN OBLIGATION TO PAY
A TOLL. ANY NOTICE OF VIOLATION REQUIRED BY THIS SECTION TO BE SENT BY
FIRST-CLASS MAIL MAY IN ADDITION TO FIRST-CLASS MAIL BE SENT BY ELEC-
TRONIC MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER
IN A FORM PRESCRIBED BY THE AUTHORITY. A MANUAL OR AUTOMATIC RECORD OF
ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY COURSE OF BUSINESS
SHALL BE SUFFICIENT RECORD OF ELECTRONIC NOTICE. ANY AFFIRMATIVE CONSENT
TO RECEIVE A TOLL BILL OR NOTICE OF VIOLATION BY ELECTRONIC MEANS SHALL
S. 4008--B 16
BE REVOCABLE BY THE OWNER AT ANY TIME WITH NOTICE TO THE PUBLIC AUTHORI-
TY OR ITS AGENT AND SHALL AUTOMATICALLY BE DEEMED REVOKED IF THE AUTHOR-
ITY OR ITS AGENT IS UNABLE TO DELIVER TWO CONSECUTIVE NOTICES BY ELEC-
TRONIC MEANS OF COMMUNICATION.
6. PROCEDURE TO CONTEST. (A) EVERY PUBLIC AUTHORITY THAT OPERATES A
CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS
BY MAIL PROGRAM SHALL PROMULGATE REGULATIONS ESTABLISHING A PROCEDURE BY
WHICH A PERSON ALLEGED TO BE LIABLE FOR THE PAYMENT OF A TOLL OR A
VIOLATION MAY (I) CONTEST SUCH ALLEGED LIABILITY, (II) SUBMIT THE
CONTEST TO A HEARING, AND (III) HAVE THE RIGHT TO APPEAL.
(B) EVERY TOLL BILL AND NOTICE OF VIOLATION SHALL ON ITS FACE ADVISE
THE OWNER OF THE MANNER AND THE TIME IN WHICH TO CONTEST THE TOLL OR ANY
VIOLATION AND ALSO CONTAIN A WARNING THAT FAILURE TO CONTEST IN THE
MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABILITY AND
THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
7. ADJUDICATION OF LIABILITY. ADJUDICATION OF AN OWNER'S LIABILITY
SHALL BE BY THE ENTITY HAVING JURISDICTION OVER THE CASHLESS TOLLING
FACILITY OR, WHERE AUTHORIZED, BY AN ADMINISTRATIVE TRIBUNAL; AND ALL
SUCH LIABILITY DETERMINATIONS SHALL BE HEARD AND DETERMINED EITHER: (A)
IN THE COUNTY IN WHICH THE OBLIGATION TO PAY A TOLL THROUGH THE CASHLESS
TOLLING PROGRAM WAS ALLEGED TO OCCUR, OR (B) WHERE THE TOLL IS ALLEGED
TO HAVE BEEN INCURRED IN NEW YORK CITY AND, UPON THE CONSENT OF BOTH
PARTIES, IN ANY COUNTY WITHIN NEW YORK CITY IN WHICH THE PUBLIC AUTHORI-
TY OPERATES OR MAINTAINS A CASHLESS TOLLING FACILITY. SUCH ADJUDICATIONS
SHALL BE HEARD AND DETERMINED 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.
8. EVIDENCE OF OBLIGATION TO PAY A TOLL OR VIOLATION. (A) A CERTIF-
ICATE SWORN TO OR AFFIRMED BY AN AGENT OF THE PUBLIC AUTHORITY WHICH
CHARGED THAT A LIABILITY FOR AN OBLIGATION TO PAY A TOLL OR A VIOLATION
HAS BEEN INCURRED, OR A FACSIMILE THEREOF BASED UPON INSPECTION OF
RECORDED IMAGES PRODUCED BY A CASHLESS TOLLING MONITORING SYSTEM SHALL
BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN AND SHALL BE
ADMISSIBLE IN ANY PROCEEDING CHARGING A LIABILITY FOR A TOLL OR A
VIOLATION PURSUANT TO THIS SECTION.
(B) ANY SUCH RECORDED IMAGES AND CERTIFICATE EVIDENCING SUCH LIABILITY
SHALL BE AVAILABLE TO THE OWNER UPON REQUEST FOR INSPECTION AND ADMIS-
SION INTO EVIDENCE IN ANY PROCEEDING TO ADJUDICATE SUCH LIABILITY.
(C) ANY LIABILITY IMPOSED PURSUANT TO THIS SECTION SHALL BE BASED UPON
A PREPONDERANCE OF EVIDENCE AS SUBMITTED.
9. DEFENSES. IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY
FOR A TOLL AND/OR VIOLATION THAT:
(A) THE VEHICLE WAS NOT USED OR OPERATED IN VIOLATION OF THIS SECTION
OR THE REGULATIONS PROMULGATED HEREUNDER;
(B) THE VEHICLE WAS USED OR OPERATED WITHOUT THE PERMISSION OF THE
OWNER, EXPRESS OR IMPLIED;
(C) THE RECIPIENT OF A TOLL BILL OR NOTICE OF VIOLATION WAS NOT THE
OWNER OF THE VEHICLE AT THE TIME THE OBLIGATION TO PAY THE TOLL
OCCURRED;
(D) THE VEHICLE HAD BEEN STOLEN PRIOR TO THE TIME THE OBLIGATION WAS
INCURRED AND WAS NOT IN THE POSSESSION OF THE OWNER AT THE TIME THE
OBLIGATION WAS INCURRED. FOR THE PURPOSES OF ASSERTING THIS DEFENSE, IT
SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE IS SUBMITTED TO THE PUBLIC AUTHORITY, COURT OR OTHER
ENTITY HAVING JURISDICTION;
S. 4008--B 17
(E) THE VEHICLE HAD BEEN LEASED AT THE TIME THE OBLIGATION WAS
INCURRED. FOR THE PURPOSE OF ASSERTING THIS DEFENSE, IT SHALL BE SUFFI-
CIENT THAT A COPY OF THE RENTAL LEASE OR OTHER CONTRACT DOCUMENT COVER-
ING THE VEHICLE ON THE DATE AND TIME THE TOLL WAS INCURRED IS SUBMITTED
TO THE PUBLIC AUTHORITY, COURT OR OTHER ENTITY HAVING JURISDICTION WITH-
IN THIRTY DAYS OF THE LESSOR RECEIVING THE ORIGINAL TOLL BILL OR NOTICE
OF VIOLATION. SUCH DOCUMENT SHALL INCLUDE THE NAME AND ADDRESS OF THE
LESSEE. FAILURE TO TIMELY SUBMIT SUCH INFORMATION SHALL CONSTITUTE A
WAIVER OF THIS DEFENSE. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF
THIS SECTION, THE LESSEE SHALL BE DEEMED TO BE THE OWNER OF THE VEHICLE
FOR PURPOSES OF THIS SECTION AND SHALL BE SUBJECT TO LIABILITY PURSUANT
TO THIS SECTION, PROVIDED THAT THE AUTHORITY MAILS A TOLL BILL TO THE
LESSEE WITHIN TEN DAYS AFTER THE COURT OR OTHER ENTITY HAVING JURISDIC-
TION, DEEMS THE LESSEE TO BE THE OWNER.
10. FINDING OF VIOLATION. (A) ANY LIABILITY IMPOSED PURSUANT TO THIS
SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE
MADE PART OF THE MOTOR VEHICLE OPERATING RECORD, MAINTAINED BY THE
COMMISSIONER OF MOTOR VEHICLES PURSUANT TO THE VEHICLE AND TRAFFIC LAW,
OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED
FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE
COVERAGE.
(B) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, ORDER, RULE OR
REGULATION TO THE CONTRARY, NO REGISTRATION OF ANY NON-COMMERCIAL MOTOR
VEHICLE MAY BE SUSPENDED, REVOKED OR DENIED RENEWAL RESULTING FROM AN
OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY AS DESCRIBED IN
THIS SECTION AND THE COMMISSIONER OF MOTOR VEHICLES SHALL NOT SUSPEND,
REVOKE OR DENY RENEWAL OF THE REGISTRATION OF A NON-COMMERCIAL MOTOR
VEHICLE RESULTING FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING
FACILITY AS DESCRIBED IN THIS SECTION UNLESS SUCH OWNER IS FOUND LIABLE
FOR FAILURE TO PAY OR RESPOND TO FIVE OR MORE NOTICES OF UNRELATED TOLL
BILLS OR IS LIABLE FOR NO LESS THAN ONE HUNDRED FIFTY DOLLARS IN
OUTSTANDING TOLL BILLS WITHIN AN EIGHTEEN MONTH PERIOD.
11. INDEMNIFICATION. ANY OWNER WHO IS FOUND LIABLE PURSUANT TO THIS
SECTION WHO WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME THE OBLI-
GATION TO PAY THE TOLL WAS INCURRED MAY MAINTAIN AN ACTION FOR INDEMNI-
FICATION AGAINST THE OPERATOR.
12. DATA PROTECTION. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
ALL IMAGES, VIDEOS AND OTHER RECORDED IMAGES COLLECTED BY THE AUTHORITY
PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF SUCH AUTHORI-
TY IN THE DISCHARGE OF ITS DUTIES UNDER THIS SECTION AND SHALL NOT BE
OPEN TO THE PUBLIC NOR BE USED IN ANY COURT IN ANY ACTION OR PROCEEDING
PENDING THEREIN UNLESS SUCH ACTION OR PROCEEDING RELATES TO THE IMPOSI-
TION OF OR INDEMNIFICATION FOR LIABILITY PURSUANT TO THIS SECTION.
(B) THE AUTHORITY, INCLUDING ANY SUBSIDIARY OR CONTRACTOR INVOLVED IN
IMPLEMENTING OR OPERATING AN ELECTRONIC TOLL COLLECTION SYSTEM OR TOLLS
BY MAIL PROGRAM, SHALL NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN ANY
WAY, THE NAMES AND ADDRESSES OF ANY OWNER THAT PARTICIPATES IN THE TOLLS
BY MAIL PROGRAM, PROVIDED THAT THE FOREGOING RESTRICTION SHALL NOT BE
DEEMED TO PRECLUDE THE EXCHANGE OF SUCH INFORMATION BETWEEN ANY ENTITIES
WITH JURISDICTION OVER OR OPERATING OF A CASHLESS TOLLING FACILITY FOR
THE PURPOSE OF ADMINISTERING SUCH TOLLS BY MAIL PROGRAM.
13. DISPLAY OF TOLL CHARGES. ANY TOLL THAT WILL BE CHARGED FOR THE
USAGE OF ANY BRIDGE, TUNNEL, ROAD, OR ANY OTHER ENTITY BY A PASSENGER
MOTOR VEHICLE SHALL BE DISPLAYED CONSPICUOUSLY AND PROMINENTLY ON
SIGNAGE OF A REASONABLE SIZE IN A MANNER REASONABLY CALCULATED TO
PROVIDE AMPLE AND ADEQUATE NOTICE.
S. 4008--B 18
14. DEBT COLLECTION. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION, NO PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL SELL OR TRANSFER ANY DEBT OWED TO THE PUBLIC AUTHORITY BY AN OWNER
FOR A VIOLATION OF TOLL COLLECTION REGULATIONS TO A DEBT COLLECTION
AGENCY UNLESS ONE YEAR HAS PASSED FROM THE DATE THE OWNER WAS FOUND
LIABLE FOR THE VIOLATION OF TOLL COLLECTION REGULATIONS ASSOCIATED WITH
SUCH DEBT, OR THE OWNER HAS A TOTAL DEBT OWED TO THE PUBLIC AUTHORITY OF
FIVE HUNDRED DOLLARS OR MORE. THE AUTHORITY SHALL NOT SELL OR TRANSFER
ANY DEBT TO A DEBT COLLECTION AGENCY UNLESS SUCH AUTHORITY HAS FIRST
OBTAINED A DEFAULT JUDGMENT IN A COURT OR ADMINISTRATIVE TRIBUNAL WITH
JURISDICTION OVER THE ASSESSED TOLL.
(B) A NOTICE SHALL BE SENT BY FIRST-CLASS MAIL ADVISING THE OWNER THAT
THE DEBT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE SOLD OR
TRANSFERRED BY THE AUTHORITY TO A DEBT COLLECTION AGENCY ON A SPECIFIED
DATE NO LESS THAN THIRTY DAYS PRIOR TO SUCH SALE OR TRANSFER.
15. INSTALLMENT PAYMENT PLAN. EVERY PUBLIC AUTHORITY THAT OPERATES A
CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS
BY MAIL PROGRAM SHALL PROMULGATE RULES AND REGULATIONS THAT ESTABLISH AN
INSTALLMENT PAYMENT PLAN FOR THE PAYMENT OF ANY TOLL AND PENALTY
INCURRED AT A CASHLESS TOLLING FACILITY. INFORMATION RELATED TO SUCH
PLAN SHALL BE INCLUDED IN ANY TOLL BILL AND ANY NOTICE OF VIOLATION AND
SHALL BE DISPLAYED CONSPICUOUSLY ON THE AUTHORITIES' WEBSITES. EACH
OWNER, AT HIS OR HER ELECTION, MAY PARTICIPATE IN SUCH PLAN. THE PUBLIC
AUTHORITY SHALL NOT CHARGE ANY ADDITIONAL FEES OR PENALTIES FOR ENROLL-
MENT IN A PAYMENT PLAN.
16. ANNUAL REPORT. EVERY PUBLIC AUTHORITY THAT ADOPTS A DEMONSTRATION
PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL SUBMIT AN
ANNUAL REPORT ON THE TOLLS BY MAIL PROGRAM TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND POST ON
ITS WEBSITE ON OR BEFORE THE FIRST DAY OF JUNE SUCCEEDING THE EFFECTIVE
DATE OF THIS SECTION AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN
WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO:
(A) THE LOCATIONS WHERE VEHICLE SENSORS FOR CASHLESS TOLLING MONITOR-
ING SYSTEMS WERE USED;
(B) THE AGGREGATE NUMBER OF TOLLS PAID AT THE LOCATIONS WHERE CASHLESS
TOLLING FACILITIES WERE USED, INCLUDING BOTH THROUGH THE USE OF AN OPER-
ABLE ELECTRONIC DEVICE AND THROUGH THE TOLLS BY MAIL PROGRAM;
(C) THE NUMBER OF OWNERS THAT PAID THEIR TOLL THROUGH THE TOLLS BY
MAIL PROGRAM;
(D) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE
FIRST TOLL BILL;
(E) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE
SECOND TOLL BILL;
(F) THE NUMBER OF OWNERS THAT WERE CHARGED A FIVE DOLLAR FEE FOR LATE
PAYMENT AND THE AGGREGATE AMOUNT OF FEES FOR LATE PAYMENT COLLECTED BY
THE AUTHORITY;
(G) THE NUMBER OF OWNERS THAT WERE CHARGED A PENALTY, THE AMOUNT OF
THE PENALTY CHARGED TO OWNERS AND THE AGGREGATE AMOUNT OF PENALTIES
COLLECTED BY THE AUTHORITY;
(H) THE NUMBER OF OWNERS THAT DISPUTED THE TOLL BILL, THE NUMBER OF
OWNERS THAT SUCCESSFULLY DISPUTED SUCH TOLL BILL AND AN ITEMIZED BREAK-
DOWN OF THE REASONS FOR SUCCESSFULLY DISPUTED TOLLS;
(I) THE NUMBER OF OWNERS THAT DISPUTED THE NOTICE OF VIOLATION AND THE
NUMBER OF OWNERS THAT SUCCESSFULLY DISPUTED SUCH NOTICE OF VIOLATION;
S. 4008--B 19
(J) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE
NOTICE OF VIOLATION;
(K) THE AGGREGATE AMOUNT OF PENALTIES CHARGED TO OWNERS;
(L) A COPY OF ALL REGULATIONS THE REPORTING AUTHORITY PROMULGATED
PURSUANT TO THIS SECTION;
(M) THE NUMBER OF TOLLS ADJUDICATED BY EVERY PUBLIC AUTHORITY AND
COURT, INCLUDING ANY APPEAL OF SUCH ADJUDICATIONS, AND THE RESULTS OF
ALL ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR TOLLS
RECORDED BY SUCH SYSTEMS;
(N) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH AUTHORITY FROM SUCH
ADJUDICATIONS;
(O) EXPENSES INCURRED BY SUCH AUTHORITY IN CONNECTION WITH THE TOLLS
BY MAIL PROGRAM;
(P) THE NATURE OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND
(Q) THE NUMBER OF OWNERS WHOSE TOLL BILLS AND VIOLATION NOTICES WERE
RETURNED TO THE PUBLIC AUTHORITY AS UNDELIVERABLE.
§ 4. a. Within 90 days of the effective date of this act, the Tribor-
ough Bridge and Tunnel Authority organized pursuant to section 552 of
the public authorities law shall implement an amnesty program for non-
commercial motor vehicles owned by persons who, with respect to any toll
obligation incurred on or after November 1, 2016 and before May 1, 2022
at a cashless tolling facility operated by the authority, owe tolls,
fines, fees, or penalties exceeding the schedule established pursuant to
section 2985-a of the public authorities law; have been referred to a
debt collection agency; or (3) have had their vehicle registration
suspended. Such amnesty program shall be at least eight weeks in dura-
tion and shall provide that upon an owner's payment or contesting the
outstanding toll balance during the amnesty period the authority shall
waive all fees, fines, and penalties associated with the outstanding
toll balance, and the authority shall advise the commissioner of motor
vehicles, in such form and manner that such commissioner shall have
prescribed, that such person has responded and any registration suspen-
sion shall be rescinded.
b. The Triborough Bridge and Tunnel Authority shall undertake a public
awareness campaign for such amnesty program, maintain a public website
for any person to obtain information on any outstanding tolls and no
later than 30 days preceding the commencement of the amnesty period,
notify by first-class mail all persons with outstanding toll balances of
their eligibility for the amnesty program. The authority shall provide
for sufficient methods to pay the outstanding toll balances, including
but not limited to, by phone, by mail, or through the internet.
§ 5. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 451 of the laws of 2021, is amended and a new section
402-b is added 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
violation of subparagraph (ii) or subparagraph (iii) of paragraph (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 SHALL BE SUBJECT
TO THE PROVISIONS OF SECTION FOUR HUNDRED TWO-B OF THIS ARTICLE AND
SUBDIVISION FOUR-H OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
§ 402-B. OBSCURED AND OBSTRUCTED LICENSE PLATES; SEIZURE AND REMOVAL
PROCEDURES. 1. (A) UPON MAKING AN ARREST OR UPON ISSUING A SUMMONS OR AN
APPEARANCE TICKET FOR A VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH
(III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF
THIS ARTICLE COMMITTED IN HIS OR HER PRESENCE, AN OFFICER MAY REMOVE OR
S. 4008--B 20
ARRANGE FOR THE REMOVAL OF ANY COVERING OR COATING WITH ANY ARTIFICIAL
OR SYNTHETIC MATERIAL OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES
WHICH CONCEALS OR OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES
OR THAT DISTORTS OR OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE. THE
OWNER OF THE VEHICLE WHO SUCH NUMBER PLATES WERE ISSUED TO SHALL HAVE
ONE WEEK FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE ANY ARTIFICIAL
OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH
NUMBER PLATES OR TO PURCHASE NEW NUMBER PLATES. A SUMMONS SHALL NOT BE
ISSUED IF, IN THE DISCRETION AND AT THE REQUEST OF SUCH OFFICER, THE
DEFECT IS CORRECTED IN THE PRESENCE OF SUCH OFFICER. THE REFUSAL OF A
POLICE OFFICER TO PERMIT THE REPAIR OF ANY DEFECT IN HIS OR HER PRESENCE
SHALL NOT BE REVIEWABLE, AND SHALL NOT BE A DEFENSE TO ANY VIOLATION
CHARGED IN A SUMMONS ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION.
(B) ANY COMPLAINT ISSUED FOR ANY VIOLATION OF SUBPARAGRAPH (II) OR
SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR
HUNDRED TWO OF THIS ARTICLE IN WHICH THE COATING OR COVERING WAS NOT
SEIZED MAY BE DISMISSED BY THE COURT BEFORE WHICH THE SUMMONS IS RETURN-
ABLE IF THE VIOLATION AS SET FORTH IN THE SUMMONS IS CORRECTED NOT LATER
THAN ONE-HALF HOUR AFTER SUNSET ON THE FIRST FULL BUSINESS DAY AFTER THE
ISSUANCE OF THE SUMMONS AND PROOF OF SUCH CORRECTION IS SUBMITTED TO THE
COURT. FOR THE PURPOSES OF THIS SUBDIVISION, "BUSINESS DAY" SHALL MEAN
ANY CALENDAR DAY EXCEPT SATURDAY AND SUNDAY, OR THE FOLLOWING BUSINESS
HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPEND-
ENCE DAY, LABOR DAY, COLUMBUS DAY, VETERANS' DAY, THANKSGIVING DAY, AND
CHRISTMAS DAY.
2. FOR PURPOSES OF THIS SECTION:
(A) THE TERM "OWNER" SHALL MEAN AN OWNER AS DEFINED IN SECTION ONE
HUNDRED TWENTY-EIGHT AND IN SUBDIVISION THREE OF SECTION THREE HUNDRED
EIGHTY-EIGHT OF THIS CHAPTER.
(B) THE TERM "TERMINATION OF THE PROCEEDING" SHALL MEAN THE EARLIEST
OF (I) THIRTY-ONE DAYS FOLLOWING THE IMPOSITION OF SENTENCE; OR (II) THE
DATE OF ACQUITTAL OF A PERSON ARRESTED FOR AN OFFENSE OR DATE OF
DISMISSAL OF A COMPLAINT; OR (III) WHERE LEAVE TO FILE NEW CHARGES OR TO
RESUBMIT THE CASE IS REQUIRED AND HAS NOT BEEN GRANTED, THIRTY-ONE DAYS
FOLLOWING THE DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE
CASE, OR, IF APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE
COURT OR TRIBUNAL OR PERMITTED BY STATUTE FOR FILING NEW CHARGES OR
RESUBMITTING THE CASE; OR (IV) WHERE LEAVE TO FILE NEW CHARGES OR TO
RESUBMIT THE CASE IS NOT REQUIRED, THIRTY-ONE DAYS FOLLOWING THE
DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE CASE, OR, IF
APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE COURT OR PERMIT-
TED BY STATUTE FOR FILING NEW CHARGES OR RESUBMITTING THE CASE; OR (V)
THE DATE WHEN, PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT AGAINST A
PERSON CHARGED WITH A VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH
(III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF
THIS ARTICLE, THE PROSECUTING AUTHORITY ELECTS NOT TO PROSECUTE SUCH
PERSON.
3. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES
THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR
OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE WHICH HAS BEEN OR IS BEING
USED IN VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH (III) OF PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE
MAY BE SEIZED BY ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR HER
SPECIAL DUTIES, OR POLICE OFFICER, AND FORFEITED AS HEREINAFTER PROVIDED
IN THIS SECTION.
S. 4008--B 21
4. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES
THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR
OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE MAY BE SEIZED UPON SERVICE OF
A NOTICE OF VIOLATION UPON THE OWNER OR OPERATOR OF A VEHICLE. THE
SEIZED COVERING OR COATING SHALL BE DELIVERED BY THE OFFICER HAVING MADE
THE SEIZURE TO THE CUSTODY OF THE DISTRICT ATTORNEY OF THE COUNTY WHERE-
IN THE SEIZURE WAS MADE, EXCEPT THAT IN THE CITIES OF NEW YORK, YONKERS,
ROCHESTER AND BUFFALO THE SEIZED COVERING OR COATING SHALL BE DELIVERED
TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES AND SUCH COVERING
OR COATING SEIZED BY A MEMBER OR MEMBERS OF THE STATE POLICE SHALL BE
DELIVERED TO THE CUSTODY OF THE SUPERINTENDENT OF STATE POLICE, TOGETHER
WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE. WITHIN
ONE BUSINESS DAY AFTER THE SEIZURE, NOTICE OF SUCH VIOLATION AND A COPY
OF THE NOTICE OF VIOLATION SHALL BE MAILED TO THE OWNER OF THE MOTOR
VEHICLE ON WHICH THE COVERING OR COATING WAS AFFIXED AT THE ADDRESS FOR
SUCH OWNER SET FORTH IN THE RECORDS MAINTAINED BY THE DEPARTMENT OF
MOTOR VEHICLES OR, FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, SUCH
EQUIVALENT RECORD IN SUCH STATE OF REGISTRATION.
5. (A) THE ATTORNEY GENERAL, IN SEIZURES BY MEMBERS OF THE STATE
POLICE, OR THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE IS
MADE IF ELSEWHERE THAN IN THE CITIES OF NEW YORK, YONKERS, ROCHESTER OR
BUFFALO, OR WHERE THE SEIZURE IS MADE IN SUCH CITIES THE CORPORATION
COUNSEL OF THE CITY, SHALL INQUIRE INTO THE FACTS OF THE SEIZURE SO
REPORTED TO HIM OR HER. IF IT APPEARS THAT THERE IS A BASIS FOR THE
COMMENCEMENT AND PROSECUTION OF A CRIME OR TRAFFIC INFRACTION PURSUANT
TO THIS SECTION, THE COVERING OR COATING WHICH IS THE SUBJECT OF SUCH
PROCEEDINGS SHALL REMAIN IN THE CUSTODY OF SUCH DISTRICT ATTORNEY,
POLICE DEPARTMENT OR SUPERINTENDENT OF STATE POLICE, AS APPLICABLE,
PENDING THE FINAL DETERMINATION OF SUCH PROCEEDINGS.
(B) TO THE EXTENT APPLICABLE, THE PROCEDURES OF ARTICLE THIRTEEN-A OF
THE CIVIL PRACTICE LAW AND RULES SHALL GOVERN PROCEEDINGS AND ACTIONS
UNDER THIS SECTION.
6. NOTICE OF THE SEIZURE OF THE COVERING OR COATING SHALL BE SERVED BY
PERSONAL SERVICE PURSUANT TO THE CIVIL PRACTICE LAW AND RULES UPON ALL
OWNERS OF THE SEIZED MOTOR VEHICLE LISTED IN THE RECORDS MAINTAINED BY
THE DEPARTMENT, OR FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, IN THE
RECORDS MAINTAINED BY THE STATE OF REGISTRATION.
7. NO ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE INSTI-
TUTED UNLESS SUCH ACTION IS COMMENCED WITHIN TWO YEARS AFTER THE TIME
WHEN THE COATING OR COVERING WAS SEIZED.
8. THE MUNICIPAL POLICE TRAINING COUNCIL AS ESTABLISHED PURSUANT TO
ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW, AND THE SUPERINTENDENT OF
STATE POLICE, MAY DEVELOP, MAINTAIN AND DISSEMINATE, A MODEL LAW
ENFORCEMENT PROPERTY DISPOSAL POLICY SETTING FORTH RECOMMENDED POLICIES
AND PROCEDURES REGARDING DISPOSAL OF COATINGS OR COVERINGS SEIZED PURSU-
ANT TO THIS SECTION.
§ 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 THE PROVISIONS OF
SECTION FOUR HUNDRED TWO-B OF THIS CHAPTER, THE COMMISSIONER OR HIS OR
HER AGENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN THE
S. 4008--B 22
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 SECTION.
§ 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however that sections two, three,
five and six of this act shall expire 5 years after such effective date
when upon such date such provisions of such sections shall be deemed
repealed. Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed on or
before such effective date.
PART G
Section 1. Section 45 of chapter 929 of the laws of 1986 amending the
tax law and other laws relating to the metropolitan transportation
authority, as amended by chapter 120 of the laws of 2021, is amended to
read as follows:
§ 45. This act shall take effect immediately; except that: (a) para-
graph (d) of subdivision 3 of section 1263 of the public authorities
law, as added by section twenty-six of this act, shall be deemed to have
been in full force and effect on and after August 5, 1986; (b) sections
thirty-three and thirty-four of this act shall not apply to a certified
or recognized public employee organization which represents any public
employees described in subdivision 16 of section 1204 of the public
authorities law and such sections shall expire on July 1, [2023] 2025
and nothing contained within these sections shall be construed to divest
the public employment relations board or any court of competent juris-
diction of the full power or authority to enforce any order made by the
board or such court prior to the effective date of this act; (c) the
provisions of section thirty-five of this act shall expire on March 31,
1987; and (d) provided, however, the commissioner of taxation and
finance shall have the power to enforce the provisions of sections two
through nine of this act beyond December 31, 1990 to enable such commis-
sioner to collect any liabilities incurred prior to January 1, 1991.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 11 of section 120.05 of the penal law, as
amended by chapter 233 of the laws of 2022, is amended to read as
follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner, terminal cleaner, station customer assistant, TRAFFIC CHECKER;
person whose official duties include the sale or collection of tickets,
passes, vouchers, or other revenue payment media for use on a train
[or], bus, or FERRY the collection or handling of revenues therefrom; a
person whose official duties include the maintenance, repair,
inspection, troubleshooting, testing or cleaning of buses[,] OR FERRIES,
a transit signal system, elevated or underground subway tracks, transit
station structure, including fare equipment, escalators, elevators and
other equipment necessary to passenger service, commuter rail tracks or
stations, train yard, revenue train in passenger service, A FERRY
STATION, or a train or bus station or terminal; or a supervisor of such
personnel, employed by any transit or commuter rail agency, authority or
S. 4008--B 23
company, public or private, whose operation is authorized by New York
state or any of its political subdivisions, a city marshal, a school
crossing guard appointed pursuant to section two hundred eight-a of the
general municipal law, a traffic enforcement officer, traffic enforce-
ment agent, FERRY WORKER, MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE
REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGH-
TEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR CARRIER INVESTIGATOR AS
DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR OF THE VEHICLE AND TRAFFIC
LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED TWENTY-
FOUR-A OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal procedure law, sanita-
tion enforcement agent, New York city sanitation worker, public health
sanitarian, New York city public health sanitarian, registered nurse,
licensed practical nurse, emergency medical service paramedic, or emer-
gency medical service technician, he or she causes physical injury to
such train operator, ticket inspector, conductor, signalperson, bus
operator, station agent, station cleaner, terminal cleaner, station
customer assistant, TRAFFIC CHECKER; person whose official duties
include the sale or collection of tickets, passes, vouchers or other
revenue payment media for use on a train [or], bus, or FERRY the
collection or handling of revenues therefrom; a person whose official
duties include the maintenance, repair, inspection, troubleshooting,
testing or cleaning of buses OR FERRIES, a transit signal system,
elevated or underground subway tracks, transit station structure,
including fare equipment, escalators, elevators and other equipment
necessary to passenger service, commuter rail tracks or stations, train
yard, revenue train in passenger service, A FERRY STATION, or a train or
bus station or terminal; or a supervisor of such personnel, city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, traffic enforcement officer, traf-
fic enforcement agent, FERRY WORKER, MOTOR VEHICLE LICENSE EXAMINER,
MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE
HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR CARRIER INVES-
TIGATOR AS DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR OF THE VEHICLE AND
TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED
TWENTY-FOUR-A OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician, while such employee is performing
an assigned duty on, or directly related to, the operation of a train
[or], bus, OR FERRY, cleaning of a train or bus station or terminal,
assisting customers, CHECKING TRAFFIC, the sale or collection of tick-
ets, passes, vouchers, or other revenue media for use on a train [or],
bus OR FERRY, or maintenance or cleaning of a FERRY, A train, a bus, or
bus station or terminal, signal system, elevated or underground subway
tracks, transit station structure, including fare equipment, escalators,
elevators and other equipment necessary to passenger service, commuter
rail tracks or stations, train yard or revenue train in passenger
service, or such city marshal, school crossing guard, traffic enforce-
ment officer, traffic enforcement agent, FERRY WORKER, MOTOR VEHICLE
LICENSE EXAMINER, MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER AS
DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
LAW, MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED TWEN-
TY-FOUR OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS
S. 4008--B 24
DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR-A OF THE VEHICLE AND TRAFFIC
LAW, prosecutor as defined in subdivision thirty-one of section 1.20 of
the criminal procedure law, registered nurse, licensed practical nurse,
public health sanitarian, New York city public health sanitarian, sani-
tation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical service technician is
performing an assigned duty; or
§ 2. The vehicle and traffic law is amended by adding two new
sections 124 and 124-a to read as follows:
§ 124. MOTOR CARRIER INVESTIGATOR. ANY PERSON EMPLOYED BY THE DEPART-
MENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INVESTIGATIONS
OF ANY MOTOR CARRIERS REGULATED BY THE COMMISSIONER OF TRANSPORTATION.
§ 124-A. MOTOR VEHICLE INSPECTOR. ANY PERSON EMPLOYED BY THE DEPART-
MENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF
ANY MOTOR VEHICLES REGULATED BY THE COMMISSIONER OF TRANSPORTATION.
§ 3. The vehicle and traffic law is amended by adding a new section
1221-a to read as follows:
§ 1221-A. ENDANGERMENT OF A HIGHWAY WORKER. 1. A DRIVER OF A MOTOR
VEHICLE COMMITS ENDANGERMENT OF A HIGHWAY WORKER IF THE DRIVER IS OPER-
ATING A MOTOR VEHICLE WITHIN A WORK AREA AS DEFINED IN SECTION ONE
HUNDRED SIXTY-ONE OF THIS CHAPTER AT ANY TIME ONE OR MORE HIGHWAY WORK-
ERS ARE IN THE WORK AREA AND DOES ANY OF THE FOLLOWING:
(A) ENTERS A WORK AREA IN ANY LANE NOT CLEARLY DESIGNATED FOR USE BY
MOTOR VEHICLES; OR
(B) FAILS TO OBEY TRAFFIC CONTROL DEVICES CONTROLLING THE FLOW OF
MOTOR VEHICLES THROUGH THE WORK AREA FOR ANY REASON OTHER THAN:
(I) AN EMERGENCY;
(II) THE AVOIDANCE OF AN OBSTACLE; OR
(III) THE PROTECTION OF THE HEALTH AND SAFETY OF ANOTHER PERSON.
2. (A) A DRIVER OF A MOTOR VEHICLE WHO VIOLATES THIS SECTION SHALL BE
GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS AND NOT LESS THAN FIVE HUNDRED DOLLARS OR BY IMPRISON-
MENT FOR NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISON-
MENT.
(B) A DRIVER OF A MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS DEFINED
IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE WORK AREA
WHILE VIOLATING SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A
TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN TWO THOUSAND
DOLLARS AND NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR
NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
(C) A DRIVER OF A MOTOR VEHICLE WHO CAUSES SERIOUS PHYSICAL INJURY AS
DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE WORK
AREA WHILE VIOLATING SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF
A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND
DOLLARS AND NOT LESS THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR
NOT MORE THAN NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
3. IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF THIS SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN
SATISFACTION OF SUCH CHARGE MUST INCLUDE THE FINE IMPOSED PURSUANT TO
THIS SECTION AND NO OTHER PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS-
FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED, HOWEVER, IF THE
PROSECUTING ATTORNEY, UPON REVIEWING THE AVAILABLE EVIDENCE, DETERMINES
THAT THE CHARGE OF A VIOLATION OF THIS SECTION IS NOT WARRANTED, SUCH
PROSECUTING ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION
BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE;
PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE
S. 4008--B 25
RECORD THE BASIS FOR SUCH DISPOSITION. SUCH FINE SHALL NOT BE WAIVED OR
REDUCED BELOW THE MINIMUM AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION. SIXTY PERCENT OF FINES COLLECTED PURSUANT TO THIS SECTION SHALL
BE PAID TO THE WORK ZONE SAFETY FUND ESTABLISHED BY SECTION NINETY-NINE-
QQ OF THE STATE FINANCE LAW.
4. NO PERSON SHALL BE GUILTY OF ENDANGERMENT OF A HIGHWAY WORKER FOR
ANY ACT OR OMISSION OTHERWISE CONSTITUTING A VIOLATION UNDER THIS
SECTION IF THE ACT OR OMISSION RESULTS, IN WHOLE OR IN PART, FROM
MECHANICAL FAILURE OF THE PERSON'S MOTOR VEHICLE OR FROM THE NEGLIGENCE
OF A HIGHWAY WORKER OR ANOTHER PERSON.
5. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE IMPOSITION OF
A CHARGE OF ANY OTHER OFFENSE SET FORTH IN THIS OR ANY OTHER PROVISION
OF LAW FOR ANY ACTS ARISING OUT OF THE SAME INCIDENT.
§ 4. The vehicle and traffic law is amended by adding a new section
1221-b to read as follows:
§ 1221-B. WORK AREA SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION,
THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER, THE CHAIRMAN OF
THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCEMENT AGENCIES,
AND REPRESENTATIVES FOR CONTRACTORS, LABORERS, AND PUBLIC EMPLOYEES,
SHALL DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO
INCREASE MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK AREA SAFE-
TY, TO REDUCE THE NUMBER OF WORK AREA INCIDENTS, INCLUDING SPEEDING,
UNAUTHORIZED INTRUSIONS INTO WORK AREAS, AND ANY CONDUCT RESULTING IN
HAZARDS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK
AREA SAFETY.
§ 5. Section 161 of the vehicle and traffic law, as added by chapter
92 of the laws of 1984 and as renumbered by chapter 303 of the laws of
2014, is amended to read as follows:
§ 161. Work area OR WORK ZONE. [That part of a highway being used or
occupied for the conduct of highway work, within which workers, vehi-
cles, equipment, materials, supplies, excavations, or other obstructions
are present.] THE AREA OF A HIGHWAY, BRIDGE, SHOULDER, MEDIAN, OR ASSO-
CIATED RIGHT-OF-WAY, WHERE CONSTRUCTION, MAINTENANCE, UTILITY WORK,
ACCIDENT RESPONSE, OR OTHER INCIDENT RESPONSE IS BEING PERFORMED. THE
WORK AREA MUST BE MARKED BY SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC
CONTROL SIGNALS, BARRIERS, PAVEMENT MARKINGS, AUTHORIZED EMERGENCY VEHI-
CLES, OR HAZARD VEHICLES, AND EXTENDS FROM THE FIRST TRAFFIC CONTROL
DEVICE ERECTED FOR PURPOSES OF CONTROLLING THE FLOW OF MOTOR VEHICLES
THROUGH THE WORK AREA, INCLUDING SIGNS REDUCING THE NORMAL SPEED LIMIT
BUT EXCLUDING SIGNS NOTIFYING MOTORISTS OF AN IMPENDING SPEED LIMIT
REDUCTION, TO THE "END ROAD WORK" SIGN OR THE LAST TEMPORARY TRAFFIC
CONTROL DEVICE. THE SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC CONTROL
SIGNALS, BARRIERS, PAVEMENT MARKINGS, OR AUTHORIZED EMERGENCY VEHICLES,
OR HAZARD VEHICLES MUST MEET DEPARTMENT OF TRANSPORTATION STANDARDS AND
THE PROVISIONS OF THIS CHAPTER, AND MUST BE INSTALLED PROPERLY SO THAT
THEY ARE CLEARLY VISIBLE TO MOTORISTS IN ACCORDANCE WITH THE MANUAL ON
UNIFORM TRAFFIC CONTROL DEVICES.
§ 6. The vehicle and traffic law is amended by adding a new section
118-a to read as follows:
§ 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
STATE, A COUNTY, CITY, TOWN OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL
AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY,
INCLUDING MAINTENANCE, REPAIR, FLAGGING, UTILITY WORK, INSPECTION,
CONSTRUCTION, RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY
S. 4008--B 26
INFRASTRUCTURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND
SHALL ALSO INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED
FIFTEEN-B OF THIS ARTICLE.
§ 7. Section 22 of the transportation law, as added by chapter 223 of
the laws of 2005, is amended to read as follows:
§ 22. Work zone safety and enforcement. The department shall, in coop-
eration with the superintendent of state police, the commissioner of
motor vehicles, the chairman of the New York state thruway authority,
local law enforcement agencies and representatives for contractors [and]
, laborers AND PUBLIC EMPLOYEES, develop and implement rules and regu-
lations for the increased safety of work zones. Such rules and regu-
lations shall include, but shall not be limited to, a police presence at
all major active work zones as defined by rules and regulations set
forth by the commissioner, the use of radar speed display signs at all
major active work zones as defined by rules and regulations set forth by
the commissioner, and a system for reviewing work zone safety and design
for all work zones under the jurisdiction of the department.
§ 8. The state finance law is amended by adding a new section 99-qq to
read as follows:
§ 99-QQ. WORK ZONE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "WORK
ZONE SAFETY FUND".
2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE
PAID INTO OR CREDITED TO SUCH FUND, COLLECTED BY THE MANDATORY FINES
IMPOSED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-ONE-A OF THE VEHICLE
AND TRAFFIC LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ANY INTER-
EST RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT IN THE WORK ZONE
SAFETY FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
3. MONIES OF THE FUND SHALL, FOLLOWING APPROPRIATION BY THE LEGISLA-
TURE, BE DISBURSED TO PROVIDE WORK ZONE SAFETY ENFORCEMENT, WORK ZONE
MARKINGS, RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES
PURSUANT TO SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. MONIES OF THE
FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES LISTED IN THIS PARAGRAPH,
AND SHALL NOT BE USED TO SUPPLANT ANY OTHER FUNDS WHICH WOULD OTHERWISE
HAVE BEEN EXPENDED FOR WORK ZONE SAFETY AND ENFORCEMENT, INCLUDING WITH-
OUT LIMITATION WORK ZONE SAFETY ENFORCEMENT, WORK ZONE MARKINGS, RADAR
SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER.
5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, AND CHAIRS OF THE ASSEMBLY AND SENATE TRANSPORTATION
COMMITTEES, THE AMOUNT OF MONEY DEPOSITED IN THE WORK ZONE SAFETY FUND
DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED
PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED TWENTY-ONE-A OF THE VEHICLE
AND TRAFFIC LAW.
6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE DIRECTOR OF
THE DIVISION OF BUDGET, IN CONSULTATION WITH THE RELEVANT AGENCIES AND
AUTHORITIES, SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT
OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE AND ASSEMBLY
TRANSPORTATION COMMITTEES, THE STATE COMPTROLLER AND THE PUBLIC. SUCH
REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
S. 4008--B 27
(I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) RECIPIENTS OF DISBURSEMENTS FROM THE FUND;
(III) THE AMOUNT AWARDED TO EACH;
(IV) THE PURPOSES FOR WHICH SUCH DISBURSEMENTS WERE MADE; AND
(V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS OF THE PRIOR FISCAL
YEAR.
§ 9. This act shall take effect on the ninetieth day after it shall
have become a law.
PART I
Section 1. Paragraph (k-2) of subdivision 2 of section 65.10 of the
penal law, as added by section 1 of part VV of chapter 56 of the laws of
2020, is amended to read as follows:
(k-2) (i) Refrain, upon sentencing for a crime involving unlawful
sexual conduct OR ASSAULT committed against EITHER a metropolitan trans-
portation authority SYSTEM passenger[,] OR customer, or AN employee [or
a crime involving assault against a metropolitan transportation authori-
ty employee,] OF THE METROPOLITAN TRANSPORTATION AUTHORITY SYSTEM OR ANY
CONTRACTOR THEN PERFORMING WORK FOR ANY ENTITY OF THE SYSTEM, IF THE
OFFENSE WAS committed in or [on] ADJACENT TO any facility or conveyance
of the [metropolitan transportation authority or a subsidiary thereof or
the New York city transit authority or a subsidiary thereof] AUTHORITY'S
TRANSPORTATION SYSTEM, from using or entering any of [such] THE authori-
ty's subways, trains, buses, or other conveyances or facilities AS spec-
ified by the court for a period of up to three years, or a specified
period of such probation or conditional discharge, whichever is less.
For purposes of this section, a crime involving assault shall mean an
offense described in article one hundred twenty of this chapter which
has as an element the causing of physical injury or serious physical
injury to another as well as the attempt thereof. IF THE SENTENCE
IMPOSED BY THE COURT INCLUDES A PERIOD OF INCARCERATION FOLLOWED BY A
PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THEN THE COURT MAY IMPOSE
CONDITIONS UNDER THIS PARAGRAPH TO BE OPERATIVE ONLY DURING THE PERIOD
OF PROBATION OR CONDITIONAL DISCHARGE. ORDERS UNDER THIS PARAGRAPH MAY
EXTEND TO ANY PART OF THE METROPOLITAN TRANSPORTATION AUTHORITY SYSTEM
IN THE COURT'S DISCRETION, INCLUDING PARTS OF THE SYSTEM OUTSIDE THE
COUNTY WHERE THE SENTENCING JUDGE SITS.
(ii) The court may, in its discretion, suspend, modify or cancel a
condition imposed under this paragraph in the interest of justice at any
time. If the person depends on the authority's subways, trains, buses,
or other conveyances or facilities for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes or places of employment, obtaining food,
clothing or necessary household items, or rendering care to family
members, the court may modify such condition to allow for a trip or
trips as in its discretion are necessary.
(iii) A person at liberty and subject to a condition under this para-
graph who applies, within thirty days after the date such condition
becomes effective, for a refund of any prepaid fare amounts rendered
unusable in whole or in part by such condition including, but not limit-
ed to, a monthly pass, shall be issued a refund of the amounts so
prepaid.
S. 4008--B 28
(IV) ANY ORDER ISSUED PURSUANT TO THIS PARAGRAPH, WHETHER IMPOSING A
BAN OR MODIFYING ONE, SHALL BE SERVED ON THE METROPOLITAN TRANSPORTATION
AUTHORITY AS DIRECTED BY THE COURT.
(V) THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL NOT USE FACIAL
RECOGNITION TECHNOLOGY TO ENFORCE ANY ORDER ISSUED PURSUANT TO THIS
PARAGRAPH.
§ 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 GG of chapter 58 of the laws of 2021, 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,
[2023] 2024.
§ 1-a. Subdivision a of section 1 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 H of chapter 58 of the laws
of 2018, is amended to read as follows:
a. Notwithstanding the provisions of section 1226 of the vehicle and
traffic law, the New York state commissioner of motor vehicles may
approve demonstrations and tests consisting of the operation of a motor
vehicle equipped with autonomous vehicle technology AND VEHICLE TO VEHI-
CLE COMMUNICATION TECHNOLOGY while such motor vehicle is engaged in the
use of such technology on public highways within this state for the
purposes of demonstrating and assessing the current development of
autonomous vehicle technology AND VEHICLE TO VEHICLE COMMUNICATION TECH-
NOLOGY and to begin identifying potential impacts of such technology on
safety, traffic control, traffic enforcement, emergency services, and
such other areas as may be identified by such commissioner. Provided,
however, that such demonstrations and tests shall only take place under
the direct supervision of the New York state police, in a form and
manner prescribed by the superintendent of the New York state police.
Additionally, a law enforcement interaction plan shall be included as
part of the demonstration and test application that includes information
for law enforcement and first responders regarding how to interact with
such a vehicle in emergency and traffic enforcement situations. Such
demonstrations and tests shall take place in a manner and form
prescribed by the commissioner of motor vehicles including, but not
limited to: a requirement that a natural person holding a valid license
for the operation of the motor vehicle's class be present within such
vehicle for the duration of the time it is operated on public highways;
a requirement that the motor vehicle utilized in such demonstrations and
tests complies with all applicable federal motor vehicle safety stand-
ards and New York state motor vehicle inspection standards; and a
requirement that the motor vehicle utilized in such demonstrations and
tests has in place, at a minimum, financial security in the amount of
five million dollars. Nothing in this act shall authorize the motor
vehicle utilized in such demonstrations and tests to operate in
violation of article 22 or title 7 of the vehicle and traffic law,
excluding section 1226 of such law.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision a of section 1 of part FF of chapter 55 of
the laws of 2017 made by section 1-a of this act shall not affect the
S. 4008--B 29
expiration of such subdivision and shall expire and be deemed repealed
therewith.
PART K
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
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
S. 4008--B 30
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 L
Section 1. This act enacts into law components of legislation relat-
ing to impaired driving regulations and penalties. 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 reference to a section "of this act", when
used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Subpart in which
it is found. Section three of this act sets forth the general effective
date of this act.
SUBPART A
Section 1. Subparagraph 3 of paragraph (c) of subdivision 2 of
section 1193 of the vehicle and traffic law, as amended by chapter 732
of the laws of 2006, is amended to read as follows:
(3) In no event shall a new license be issued where a person has been
twice convicted of a violation of [subdivision] ANY COMBINATION OF,
SUBDIVISION TWO, TWO-A, three, four or four-a of section eleven hundred
ninety-two of this article [or of driving while intoxicated or of driv-
ing while ability is impaired by the use of a drug or of driving while
ability is impaired by the combined influence of drugs or of alcohol and
any drug or drugs], OR OF SECTIONS 120.03, 120.04, 120.04-A, 125.12,
125.13, OR 125.14 OF THE PENAL LAW, where physical injury, as defined in
section 10.00 of the penal law, has resulted from such offense in each
instance.
§ 2. This act shall take effect immediately.
SUBPART B
Section 1. Legislative findings. The legislature hereby finds and
declares:
1. In 2009, New York adopted "Leandra's Law" to require, as a condi-
tion of sentence, that all individuals convicted of the crime of driving
S. 4008--B 31
while intoxicated install an ignition interlock device (IID) for a spec-
ified time in any vehicle they own or operate. Fifteen years later,
despite the mandate, only three in ten offenders actually install an
IID.
2. In addition, although the penalty model based predominantly on
license revocation persists, far too many offenders continue to drive
even after losing their license privilege, and a significant number of
them continue to drive under the influence of alcohol. The consensus
among highway safety experts is that well over fifty percent, and as
many as eighty percent, of revoked drivers continue to drive while unli-
censed.
3. IIDs are designed to do two things: (1) protect the public by
preventing drunk driving events; and (2) alter driver behavior to reduce
recidivism. Numerous studies have shown IIDs to be overwhelmingly effec-
tive on both counts:
(a) Public safety. Between December 1, 2006 and December 31, 2020, IID
installation stopped 3.8 million drivers nationally from attempting to
drive while legally intoxicated (.08+) and foiled an additional 25.4
million drivers from attempting to drive after consuming enough alcohol
to trigger the IID's set point. Over the same time period in New York -
even despite the poor compliance rate - IIDs prevented more than 111,000
legally drunk drivers and foiled an additional 439,427 attempts by
convicted drunk drivers who attempted to start a vehicle after consuming
alcohol.
(b) Reduced recidivism. A 2016 University of Pennsylvania study found
that alcohol-related fatalities decreased by 15% in states with all-of-
fender interlock laws. Similarly, a 2016 California study concluded that
ignition interlock devices are seventy-four percent more effective in
reducing DWI recidivism than license suspension alone during the first
six months after conviction and forty-five percent more effective over
the course of a year.
4. Given the empirical data that favors the use of the IID as a condi-
tion of sentence, either in conjunction with or instead of license revo-
cation, the legislature finds that New York has fallen significantly
behind other states that utilize IIDs to promote public safety and
support rehabilitative efforts. Accordingly, the legislature declares
that to further advance public safety, New York must adopt best prac-
tices consistent with the data for model use of the ignition interlock
device as a proven method for saving lives and promoting rehabilitation.
§ 2. Paragraph (c) of subdivision 1 of section 1193 of the vehicle
and traffic law, as amended by chapter 169 of the laws of 2013, and
subparagraph (ii-a) as added by chapter 191 of the laws of 2014, is
amended to read as follows:
(c) Felony offenses. (i) A person who operates a vehicle (A) in
violation of subdivision two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four or four-a of such
section or of vehicular assault in the second or first degree, as
defined, respectively, in sections 120.03 and 120.04 and aggravated
vehicular assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in the second or first degree, as defined,
respectively, in sections 125.12 and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the preceding
ten years, or (B) in violation of paragraph (b) of subdivision two-a of
section eleven hundred ninety-two of this article shall be guilty of a
class E felony, and shall be punished by a fine of not less than one
S. 4008--B 32
thousand dollars nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(ii) A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation of subdivision
two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years, shall be guilty of a
class D felony, and shall be punished by a fine of not less than two
thousand dollars nor more than ten thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(ii-a) A person who operates a vehicle in violation of subdivision
two, two-a, three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation of subdivi-
sion two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, three or more times within the preceding fifteen years, shall
be guilty of a class D felony, and shall be punished by a fine of not
less than two thousand dollars nor more than ten thousand dollars or by
a period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
[(iii) In addition to the imposition of any fine or period of impri-
sonment set forth in this paragraph, the court shall also sentence such
person convicted of, or adjudicated a youthful offender for, a violation
of subdivision two, two-a or three of section eleven hundred ninety-two
of this article to a period of probation or conditional discharge, as a
condition of which it shall order such person to install and maintain,
in accordance with the provisions of section eleven hundred ninety-eight
of this article, an ignition interlock device in any motor vehicle owned
or operated by such person during the term of such probation or condi-
tional discharge imposed for such violation of section eleven hundred
ninety-two of this article and in no event for a period of less than
twelve months; provided, however, that such period of interlock
restriction shall terminate upon submission of proof that such person
installed and maintained an ignition interlock device for at least six
months, unless the court ordered such person to install and maintain a
ignition interlock device for a longer period as authorized by this
subparagraph and specified in such order. The period of interlock
restriction shall commence from the earlier of the date of sentencing,
or the date that an ignition interlock device was installed in advance
of sentencing. Provided, however, the court may not authorize the opera-
tion of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the provisions of
this section.]
S. 4008--B 33
§ 3. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and
traffic law, as amended by section 57 of part A of chapter 56 of the
laws of 2010, is amended to read as follows:
(g) CONDITION OF PROBATION AND CONDITIONAL DISCHARGE; IGNITION INTER-
LOCK DEVICE REQUIREMENTS; ALTERNATIVE SENTENCE AUTHORIZED. (1) DEFI-
NITIONS. FOR THE PURPOSES OF PARAGRAPHS (G) THROUGH (M) OF THIS SUBDIVI-
SION, THE TERMS DEFINED IN SUBDIVISION ONE-A OF SECTION ELEVEN HUNDRED
NINETY-EIGHT OF THIS ARTICLE SHALL BE APPLICABLE.
(2) IGNITION INTERLOCK DEVICE; SENTENCE. IN ADDITION TO THE IMPOSI-
TION OF ANY FINE OR PERIOD OF IMPRISONMENT AS SET FORTH IN THIS SUBDIVI-
SION AND TO ANY LICENSE SANCTION IMPOSED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE COURT SHALL SENTENCE SUCH PERSON CONVICTED OF, OR
ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION OF SUBDIVISION TWO,
TWO-A, THREE OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE TO A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THE CONDI-
TIONS OF WHICH SHALL INCLUDE THE FOLLOWING:
(I) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH-
OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FROM A QUALIFIED MANUFACTUR-
ER FOR A PERIOD OF TWELVE MONTHS OR LONGER, PURSUANT TO THE REQUIREMENTS
OF THIS PARAGRAPH AND PARAGRAPH (C) OF SUBDIVISION ONE-A OF THIS
SECTION, AND WHICH SHALL RUN CONCURRENTLY WITH ANY PERIOD OF LICENSE
SANCTION; AND
(II) SUCH PERSON SHALL INSTALL AND MAINTAIN IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN
IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OPERATED BY SUCH PERSON
FOR A PERIOD OF TWELVE MONTHS OR LONGER AS SET FORTH IN SUBPARAGRAPH
FOUR OF THIS PARAGRAPH, INCLUDING THE ONE HUNDRED EIGHTY DAYS AFTER A
LICENSE HAS BEEN RESTORED; PROVIDED, HOWEVER, A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED SUCH MOTOR VEHICLE
FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR
A PERIOD OF ONE HUNDRED TWENTY CONSECUTIVE DAYS AFTER THE RESTORATION OF
THE OPERATOR'S LICENSE, SHALL BE DEEMED TO HAVE SATISFIED THE CONDITIONS
OF PROBATION OR CONDITIONAL DISCHARGE RELATING TO THE IGNITION INTERLOCK
REQUIREMENTS SET FORTH IN THIS PARAGRAPH. THE PERIOD OF INTERLOCK
RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK
DEVICE SHALL HAVE BEEN INSTALLED.
(3) IGNITION INTERLOCK DEVICE; ALTERNATIVE SENTENCE. NOTWITHSTANDING
THE PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARAGRAPH AND SUBDIVISION TWO
OF THIS SECTION RELATING TO LICENSE SANCTIONS, A COURT MAY, UPON MOTION
OF THE DEFENDANT, IMPOSE AN ALTERNATIVE SENTENCE UPON SUCH PERSON
CONVICTED OF, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION OF
SUBDIVISION TWO, TWO-A, THREE OR FOUR-A OF SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THIS ARTICLE, A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE,
THE CONDITIONS OF WHICH SHALL INCLUDE THE FOLLOWING:
(I) A CONDITIONAL WAIVER OF THE LICENSE SANCTION PROVISIONS OF SUBDI-
VISION TWO OF THIS SECTION;
(II) AN EXPRESS PROHIBITION FROM OPERATING ANY VEHICLE WITHOUT A FUNC-
TIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWELVE MONTHS OR LONG-
ER PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH AND PARAGRAPH (C) OF
SUBDIVISION ONE-A OF THIS SECTION; AND
(III) AN ORDER THAT SUCH PERSON INSTALL AND MAINTAIN, IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTI-
CLE, AN IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED
BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS OR LONGER, AS SET FORTH IN
SUBPARAGRAPH FOUR OF THIS PARAGRAPH; PROVIDED, HOWEVER, A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE
S. 4008--B 34
FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR
A PERIOD OF THREE HUNDRED CONSECUTIVE DAYS SHALL BE DEEMED TO HAVE
SATISFIED THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE RELATING
TO THE IGNITION INTERLOCK REQUIREMENTS AS SET FORTH IN THIS PARAGRAPH.
THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH
IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. THE ALTERNATIVE
SENTENCE SET FORTH HEREIN MAY BE REVOKED BY THE COURT FOR CAUSE. THIS
SENTENCE NOT BE IMPOSED ON ANY OFFENDER WHO IS SUBJECT TO THE ADDITIONAL
PENALTIES SET FORTH IN PARAGRAPH (A) OR (B) OF SUBDIVISION ONE-A OF THIS
SECTION OR WHO SHALL HAVE ALSO BEEN CONVICTED OF A VIOLATION OF ANY
PROVISION OF ARTICLE ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF
THE PENAL LAW INVOLVING THE OPERATION OF A MOTOR VEHICLE.
(4) LICENSE RESTORATION. WHEN A SENTENCE IS IMPOSED PURSUANT TO
SUBPARAGRAPH TWO OR THREE OF THIS PARAGRAPH, IN NO EVENT SHALL THE
COMMISSIONER RESTORE THE LICENSE OF ANY SUCH PERSON UNTIL THE COMMIS-
SIONER RECEIVES A CERTIFICATE OF COMPLETION CERTIFYING THAT SUCH PERSON
HAS OPERATED THE MOTOR VEHICLE FREE OF ANY EVENTS SET FORTH IN PARAGRAPH
(J) OF THIS SUBDIVISION FOR THE APPLICABLE TIME PERIODS IMPOSED PURSUANT
TO SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH. NON-COMPLIANCE WITH
THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN PARAGRAPH (J) OF THIS
SUBDIVISION SHALL CAUSE THE RESPECTIVE PERIOD OF OPERATION TO RESET FROM
THE DATE OF ANY SUCH VIOLATION.
(H) DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL; IGNITION INTERLOCK
DEVICE REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, WHEN A PERSON IS CHARGED WITH A VIOLATION OF SUBDIVISION TWO,
TWO-A, THREE, OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE AND A PLEA OF GUILTY SHALL HAVE BEEN ENTERED IN SATISFACTION OF
SUCH CHARGE TO A VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE, AND THE PERSON HAS EITHER: (1) HAD A PRIOR
CONVICTION FOR A VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE WITHIN THE PREVIOUS TEN YEARS; (2) REGISTERED
A BAC OF .13 OR MORE; (3) HAS REFUSED TO SUBMIT TO A CHEMICAL TEST OF
HIS OR HER BLOOD, BREATH, URINE OR SALIVA PURSUANT TO THE PROVISIONS OF
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, OR (4) THE UNDERLY-
ING CHARGE INVOLVED THE COMBINED USE OF DRUGS AND ALCOHOL, THE CONDI-
TIONS OF SUCH PLEA SHALL INCLUDE AN EXPRESS PROHIBITION ON THE OPERATION
OF ANY MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR
A PERIOD OF SIX MONTHS, AND WHICH SHALL RUN CONCURRENTLY WITH ANY PERIOD
OF LICENSE SANCTION, AND THAT SUCH PERSON SHALL INSTALL AND MAINTAIN AN
IGNITION INTERLOCK DEVICE FOR A PERIOD OF NOT LESS THAN SIX MONTHS ON
ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH PERSON. IF THE COURT
ACCEPTS THE PLEA TO THE REDUCED CHARGE, THE COURT SHALL SENTENCE SUCH
PERSON TO A CONDITIONAL DISCHARGE WHICH SHALL INCLUDE SUCH REQUIREMENT
IN ADDITION TO ANY FINE REQUIRED BY THIS ARTICLE AND ANY OTHER CONDITION
AUTHORIZED BY LAW OR OTHERWISE IMPOSED BY THE COURT. A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE
FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR
A PERIOD OF NINETY CONSECUTIVE DAYS AFTER THE DATE OF INSTALLATION,
SHALL BE DEEMED TO HAVE SATISFIED THE CONDITIONS OF SUCH PLEA RELATING
TO THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN THIS PARAGRAPH. THE
PERIOD OF INTERLOCK RESTRICTION SHALL BE DEEMED TO COMMENCE FROM THE
DATE SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. IF SUCH
PERSON IS FOUND TO HAVE VIOLATED THE TERMS OF THE USE OF SUCH IGNITION
INTERLOCK DEVICE AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION, SUCH
NINETY DAY PERIOD SHALL RESET FROM THE DATE OF ANY SUCH VIOLATION.
S. 4008--B 35
(I) PERMANENT REVOCATION; IGNITION INTERLOCK REQUIREMENT. A PERSON
SUBJECT TO A PERMANENT LICENSE REVOCATION PURSUANT TO A PROVISION OF
THIS CHAPTER OR ANY RULE PROMULGATED PURSUANT TO THIS CHAPTER, WHEN THE
UNDERLYING BASIS FOR THE PERMANENT REVOCATION RELATES TO TWO OR MORE
VIOLATIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND/OR
REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-FOUR OF THIS ARTICLE, SUCH PERSON SHALL BE ENTITLED TO APPLY TO
THE COMMISSIONER FOR A POST-REVOCATION CONDITIONAL LICENSE PROVIDED THAT
THE PERSON HAS NOT WITHIN THE PAST TWENTY-FIVE YEARS BEEN CONVICTED OF A
VIOLATION OF ARTICLE ONE HUNDRED TWENTY OR ARTICLE ONE HUNDRED TWENTY-
FIVE OF THE PENAL LAW RELATED TO THE OPERATION OF A MOTOR VEHICLE, AND
THE PERSON HAS BEEN SUBJECT TO A LICENSE REVOCATION FOR NOT LESS THAN
FIVE YEARS AND HAS NOT, DURING THAT PERIOD, BEEN CONVICTED OF A
VIOLATION OF THIS CHAPTER REGARDING THE OPERATION OF A MOTOR VEHICLE.
UPON APPLICATION, THE COMMISSIONER SHALL PROVIDE SUCH APPLICANT WITH A
POST-REVOCATION CONDITIONAL LICENSE SUBJECT TO THE FOLLOWING CONDITIONS:
(1) SUBMISSION OF PROOF THAT ALL SANCTIONS IMPOSED AS A RESULT OF THE
PREVIOUS CONVICTIONS HAVE BEEN SATISFIED, INCLUDING BUT NOT LIMITED TO,
COMPLETION OF THE IMPAIRED DRIVING PROGRAM AND/OR PROOF OF REHABILITA-
TIVE EFFORT, WHERE EITHER OR BOTH ARE REQUIRED, PAYMENT OF ALL FINES AND
MANDATORY SURCHARGES, AND PAYMENT OF ANY RESTITUTION REQUIRED AS A
RESULT OF SUCH CONVICTIONS;
(2) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH-
OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWENTY-FOUR
MONTHS AS SET FORTH IN THIS PARAGRAPH; AND
(3) SUCH PERSON SHALL INSTALL AND MAINTAIN IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN
IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH
PERSON, FOR A PERIOD OF TWENTY-FOUR MONTHS. WHERE ALL OTHER CONDITIONS
OR THE SENTENCE HAVE BEEN SATISFIED PURSUANT TO SUBPARAGRAPH ONE OF THIS
PARAGRAPH, THERE SHALL BE A REBUTTABLE PRESUMPTION OF REHABILITATION FOR
THE PURPOSE OF PETITIONING THE COMMISSIONER FOR RESTORATION OF THE OPER-
ATOR'S LICENSE TO OPERATE A MOTOR VEHICLE UPON A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED SUCH MOTOR VEHICLE
FREE OF ANY VIOLATIONS OF THIS CHAPTER, EXCEPTING VIOLATIONS RELATED TO
STANDING, STOPPING OR PARKING, AND HAS BEEN FREE OF ANY EVENTS SET FORTH
IN PARAGRAPH (J) OF THIS SUBDIVISION DURING THE POST-REVOCATION CONDI-
TIONAL LICENSE PERIOD. A VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF
THIS CHAPTER, ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE, OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION
ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE DURING THE POST-REVOCATION
CONDITIONAL LICENSE PERIOD WILL RESULT IN IMMEDIATE REVOCATION OF SUCH
LICENSE SUBJECT TO THE RULES OF THE COMMISSIONER. THE PERIOD OF INTER-
LOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK
DEVICE SHALL HAVE BEEN INSTALLED.
(J) NON-COMPLIANCE WITH IGNITION INTERLOCK REQUIREMENTS. FOR PURPOSES
OF PARAGRAPHS (G), (H) AND (I) OF THIS SUBDIVISION, THE FOLLOWING EVENTS
SHALL BE DEEMED TO BE NON-COMPLIANT WITH THE IGNITION INTERLOCK DEVICE
REQUIREMENTS:
(1) ANY VIOLATION OF THE PROVISIONS SET FORTH IN SUBDIVISION NINE OF
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE REGARDING CIRCUM-
VENTING OR TAMPERING WITH AN IGNITION INTERLOCK DEVICE OR OPERATING A
VEHICLE WITHOUT A FUNCTIONING INTERLOCK DEVICE, REGARDLESS OF THE UNDER-
LYING BASIS FOR THE IGNITION INTERLOCK REQUIREMENT; OR
(2) A CERTIFIED VIOLATION ON A FORM PROVIDED BY THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES THAT SUCH PERSON HAS:
S. 4008--B 36
(I) ATTEMPTED TO START HIS OR HER VEHICLE WHEN THE START-UP TEST
RESULTED IN A BLOOD ALCOHOL CONCENTRATION LEVEL OF AT OR ABOVE THE SET
POINT OF .025, UNLESS A SUBSEQUENT TEST PERFORMED WITHIN TEN MINUTES
THEREAFTER REGISTERS A BLOOD ALCOHOL CONCENTRATION LEVEL LOWER THAN THE
SET POINT AND THE DIGITAL IMAGE PROVIDED CONFIRMS THAT THE SAME PERSON
PROVIDED BOTH SAMPLES;
(II) MISSED ANY RANDOM TEST, UNLESS A REVIEW OF THE DIGITAL IMAGE
CONFIRMS THAT SUCH VEHICLE WAS NOT OCCUPIED BY THE DRIVER AT THE TIME OF
THE MISSED TEST;
(III) FAILED ANY RANDOM TEST OR RE-TEST, UNLESS A SUBSEQUENT TEST
PERFORMED WITHIN TEN MINUTES REGISTERS A BLOOD ALCOHOL CONCENTRATION
LEVEL BELOW THE SET POINT OF .025, AND THE DIGITAL IMAGE CONFIRMS THAT
THE SAME PERSON PROVIDED BOTH SAMPLES; OR
(IV) FAILED TO APPEAR AT THE INSTALLATION/SERVICE PROVIDER FOR INSTAL-
LATION OR FOR A SERVICE VISIT WHEN REQUIRED FOR MAINTENANCE, REPAIR,
CALIBRATION, MONITORING, INSPECTION, OR REPLACEMENT OF SUCH DEVICE. WHEN
APPLICABLE, A CERTIFICATE OF NON-COMPLIANCE SHALL BE ACCOMPANIED BY A
CONTEMPORANEOUS DIGITAL IMAGE VERIFYING THE IDENTITY OF THE VIOLATOR.
(K) DURATION OF IGNITION INTERLOCK REQUIREMENT. IN ANY CASE SET FORTH
IN THIS SUBDIVISION WHERE THE PERIOD OF THE IGNITION INTERLOCK REQUIRE-
MENT EXCEEDS THE PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, AND THE
COURT HAS NOT OTHERWISE EXTENDED ITS JURISDICTION OVER THE MATTER, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT TO THE ADMINISTRATIVE
JURISDICTION OF THE COMMISSIONER AND ANY RULE PROMULGATED BY THE COMMIS-
SIONER TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
(L) IGNITION INTERLOCK DEVICE REQUIREMENTS; TERMS OF IMPRISONMENT.
WHEN A SENTENCE IMPOSED PURSUANT TO THIS SUBDIVISION INCLUDES A TERM OF
IMPRISONMENT, THE SATISFACTION OF SUCH TERM OF IMPRISONMENT SHALL NOT
REDUCE OR OTHERWISE LIMIT THE REQUIREMENTS SET FORTH IN PARAGRAPH (G) OF
THIS SUBDIVISION.
(M) A PERSON WHO HAS SUCCESSFULLY SATISFIED THE IGNITION INTERLOCK
REQUIREMENTS SET FORTH IN PARAGRAPH (G) OR (H) OF THIS SUBDIVISION SHALL
NO LONGER BE SUBJECT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINE-
TY-NINE OF THIS ARTICLE RELATING TO THE DRIVER RESPONSIBILITY ASSESSMENT
AND ANY FEE PAID BY SUCH PERSON PURSUANT TO SUCH SECTION SHALL BE
RETURNED BY THE COMMISSIONER UPON SATISFACTORY PROOF OF COMPLIANCE.
(N) The office of probation and correctional alternatives shall recom-
mend to the commissioner of the division of criminal justice services
regulations governing the monitoring of compliance by persons ordered to
install and maintain ignition interlock devices to provide standards for
monitoring by departments of probation, and options for monitoring of
compliance by such persons, that counties may adopt as an alternative to
monitoring by a department of probation.
§ 4. Paragraph (c) of subdivision 1-a of section 1193 of the vehicle
and traffic law, as amended by chapter 669 of the laws of 2007, is
amended to read as follows:
(c) A court sentencing a person pursuant to paragraph (a) or (b) of
this subdivision shall: (i) order, AS A CONDITION OF SUCH SENTENCE, the
installation of an ignition interlock device approved pursuant to
section eleven hundred ninety-eight of this article in any motor vehicle
owned or operated by the person so sentenced. Such devices shall remain
installed during any period of license revocation required to be imposed
pursuant to paragraph (b) of subdivision two of this section, and, upon
the termination of such revocation period, for an additional period as
determined by the court OR AS OTHERWISE PROVIDED IN PARAGRAPH (G) OF
SUBDIVISION ONE OF THIS SECTION; and (ii) order that such person receive
S. 4008--B 37
an assessment of the degree of their alcohol or substance abuse and
dependency pursuant to the provisions of section eleven hundred ninety-
eight-a of this article. Where such assessment indicates the need for
treatment, such court is authorized to impose treatment as a condition
of such sentence except that such court shall impose treatment as a
condition of a sentence of probation or conditional discharge pursuant
to the provisions of subdivision three of section eleven hundred nine-
ty-eight-a of this article. Any person ordered to install an ignition
interlock device pursuant to this paragraph shall be subject to PARA-
GRAPH (G) OF SUBDIVISION ONE OF THIS SECTION AND the provisions of
subdivisions four, five, seven, eight and nine of section eleven hundred
ninety-eight of this article.
§ 5. Subdivisions 1, 2, 3, 4 and 5 of section 1198 of the vehicle and
traffic law, subdivisions 1, 2, 3, 4 and paragraph (a) of subdivision 5
as amended by chapter 496 of the laws of 2009, paragraph (a) of subdivi-
sion 4 as amended by chapter 169 of the laws of 2013, and subdivision 5
as amended by chapter 669 of the laws of 2007, are amended and a new
subdivision 1-a is added to read as follows:
1. Applicability. The provisions of this section shall apply through-
out the state to each person required or otherwise ordered by a court as
a condition of SENTENCE, PLEA, probation or conditional discharge, WHICH
SHALL PROHIBIT THE OPERATION OF A MOTOR VEHICLE WITHOUT A FUNCTIONING
IGNITION INTERLOCK DEVICE AND REQUIRES SUCH PERSON to install and [oper-
ate] MAINTAIN an ignition interlock device in any vehicle [which he or
she owns or operates] OWNED OR OPERATED BY SUCH PERSON.
1-A. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION AND SUBDIVISION ONE
OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) THE TERM "BLOOD ALCOHOL CONCENTRATION" OR "BAC" SHALL MEAN THE
WEIGHT AMOUNT OF ALCOHOL CONTAINED IN A UNIT VOLUME OF BLOOD, MEASURED
AS GRAMS ETHANOL/ONE HUNDRED MILLILITERS BLOOD, AND EXPRESSED AS %
BAC.
(B) THE TERM "CERTIFICATE OF COMPLETION" SHALL MEAN A DOCUMENT ISSUED
BY THE MONITOR AFTER THE CONCLUSION OF THE IGNITION INTERLOCK PERIOD SET
BY THE CRIMINAL COURT, INCLUDING ANY EXTENSIONS OR MODIFICATIONS AS
MAY HAVE SUBSEQUENTLY OCCURRED WHICH SHOWS EITHER SATISFACTORY
COMPLETION OF THE IGNITION INTERLOCK CONDITION OR A CHANGE BY THE COURT
IN A PRE-SENTENCE ORDER NO LONGER REQUIRING THE NEED FOR A DEVICE, OR A
CHANGE IN THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE NO
LONGER REQUIRING THE NEED FOR A DEVICE AFTER COMPLETION OF THE IGNITION
INTERLOCK PERIOD AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-THREE OF
THIS ARTICLE.
(C) THE TERM "CIRCUMVENT" SHALL MEAN TO REQUEST, SOLICIT OR ALLOW
ANY OTHER PERSON TO BLOW INTO AN IGNITION INTERLOCK DEVICE OR TO START
A MOTOR VEHICLE EQUIPPED WITH THE DEVICE, FOR THE PURPOSE OF PROVIDING
THE OPERATOR WHOSE DRIVING PRIVILEGES IS SO RESTRICTED WITH AN OPER-
ABLE MOTOR VEHICLE, OR TO BLOW INTO AN IGNITION INTERLOCK DEVICE OR
START A MOTOR VEHICLE EQUIPPED WITH THE DEVICE FOR THE PURPOSE OF
PROVIDING AN OPERABLE MOTOR VEHICLE TO A PERSON WHOSE DRIVING PRIV-
ILEGE IS SO RESTRICTED OR TO TAMPER WITH AN OPERABLE IGNITION INTERLOCK
DEVICE.
(D) THE TERM "COUNTY" SHALL MEAN EVERY COUNTY OUTSIDE OF THE CITY OF
NEW YORK, AND THE CITY OF NEW YORK AS A WHOLE.
(E) THE TERM "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL
JUSTICE SERVICES.
S. 4008--B 38
(F) THE TERM "DRINKING DRIVER PROGRAM" OR "IMPAIRED DRIVER PROGRAM"
SHALL MEAN AN ALCOHOL AND DRUG REHABILITATION PROGRAM ESTABLISHED PURSU-
ANT TO SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE.
(G) THE TERM "FAILED TESTS" SHALL MEAN A START-UP RE-TEST OR ROLL-
ING RE-TEST AT OR ABOVE THE SET POINT, OR A MISSED ROLLING RE-TEST.
(H) THE TERM "IGNITION INTERLOCK MONITOR" OR "MONITOR" SHALL MEAN
THE LOCAL PROBATION DEPARTMENT WHERE THE OPERATOR IS UNDER INTERIM
PROBATION SUPERVISION OR PROBATION OR ANY PERSON OR ENTITY DESIGNATED IN
THE COUNTY'S IGNITION INTERLOCK PROGRAM PLAN FOR ANY OPERATOR GRANTED
CONDITIONAL DISCHARGE OR OTHERWISE REQUIRED TO INSTALL AN IGNITION
INTERLOCK DEVICE WHO MONITORS COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION AND THE CONCURRENT REGULATIONS RELATED THERETO.
(I) THE TERM "INSTALLATION/SERVICE PROVIDER" SHALL MEAN AN ENTITY
LOCATED IN THE STATE APPROVED BY A QUALIFIED MANUFACTURER THAT INSTALLS,
SERVICES, AND/OR REMOVES AN IGNITION INTERLOCK DEVICE.
(J) THE TERM "OPERATOR" SHALL MEAN A PERSON WHO IS SUBJECT TO INSTAL-
LATION OF AN IGNITION INTERLOCK DEVICE ARISING FROM A CHARGE OR
CONVICTION UNDER THIS ARTICLE OR THE PENAL LAW, WHERE A VIOLATION OF
THIS ARTICLE IS AN ESSENTIAL ELEMENT THEREOF, OR ARISING FROM A YOUTH-
FUL ADJUDICATION OF ANY SUCH OFFENSE.
(K) THE TERM "OWNED OR OPERATED" SHALL REFER TO A VEHICLE OWNED BY THE
PERSON REQUIRED BY A COURT TO INSTALL AN IGNITION INTERLOCK DEVICE AS A
CONDITION OF PROBATION OR CONDITIONAL DISCHARGE OR, ALTERNATIVELY, THE
VEHICLE MOST REGULARLY OPERATED BY SUCH PERSON REGARDLESS OF REGISTRA-
TION OR TITLE.
(L) THE TERM "QUALIFIED MANUFACTURER" SHALL MEAN A MANUFACTURER OR
DISTRIBUTOR OF AN IGNITION INTERLOCK DEVICE CERTIFIED BY THE DEPART-
MENT OF HEALTH WHICH HAS SATISFIED THE SPECIFIC OPERATIONAL REQUIREMENTS
HEREIN AND HAS BEEN APPROVED AS AN ELIGIBLE VENDOR BY THE DIVISION IN
THE DESIGNATED REGION WHERE THE COUNTY IS LOCATED.
(M) THE TERM "RANDOM TEST" SHALL INCLUDE A START-UP RE-TEST, A ROLLING
TEST, OR ROLLING RE-TEST AS THOSE TERMS ARE DEFINED HEREIN.
(N) THE TERM "START-UP TEST" SHALL MEAN A BREATH TEST TAKEN BY THE
OPERATOR TO MEASURE THE OPERATOR'S BLOOD ALCOHOL CONCENTRATION PRIOR
TO STARTING THE VEHICLE'S IGNITION.
(O) THE TERM "START-UP RE-TEST" SHALL MEAN A BREATH TEST TAKEN BY THE
OPERATOR TO MEASURE THE OPERATOR'S BLOOD ALCOHOL CONCENTRATION REQUIRED
WITHIN FIVE TO FIFTEEN MINUTES OF A FAILED START-UP TEST.
(P) THE TERM "ROLLING TEST" SHALL MEAN A BREATH TEST, ADMINISTERED AT
RANDOM INTERVALS, TAKEN BY THE OPERATOR WHILE THE VEHICLE IS RUNNING.
(Q) THE TERM "ROLLING RE-TEST" SHALL MEAN A BREATH TEST, TAKEN BY THE
OPERATOR WHILE THE VEHICLE IS RUNNING, WITHIN ONE TO THREE MINUTES AFTER
A FAILED OR MISSED ROLLING TEST.
(R) THE TERM "FAILED ROLLING RE-TEST" SHALL MEAN A ROLLING RE-TEST IN
WHICH THE OPERATOR'S BAC IS AT OR ABOVE THE SET POINT.
(S) THE TERM "MISSED ROLLING RE-TEST" SHALL MEAN FAILURE TO TAKE THE
ROLLING RE-TEST WITHIN THE TIME PERIOD ALLOTTED TO DO SO.
(T) THE TERM "SERVICE VISIT" SHALL MEAN A VISIT BY THE OPERATOR OR
ANOTHER DRIVER OF THE SUBJECT VEHICLE TO OR WITH THE
INSTALLATION/SERVICE PROVIDER FOR PURPOSES OF HAVING THE IGNITION INTER-
LOCK DEVICE INSPECTED FOR REPAIR, DEFECT, AND DETECTION OF TAMPERING
AND/OR CIRCUMVENTION, DOWNLOADED, RECALIBRATED, OR MAINTAINED.
(U) THE TERM "SET POINT" SHALL MEAN A PRE-SET OR PRE-DETERMINED BAC
SETTING AT WHICH, OR ABOVE, THE DEVICE WILL PREVENT THE IGNITION OF A
MOTOR VEHICLE FROM OPERATING. FOR THE PURPOSES OF THIS SECTION AND
S. 4008--B 39
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE,
THE SET POINT SHALL BE A BAC OF .025.
(V) THE TERM "TAMPER" SHALL MEAN TO ALTER, DISCONNECT, PHYSICALLY
DISABLE, REMOVE, DEFACE, OR DESTROY AN IGNITION INTERLOCK DEVICE OR ANY
OF ITS COMPONENT SEALS.
2. Requirements. (a) In addition to any other penalties prescribed by
law, the court shall require that any person who has been convicted [of]
OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation of subdivision two,
two-a [or], three OR FOUR-A of section eleven hundred ninety-two of this
article, or any crime defined by this chapter or the penal law of which
an alcohol-related violation of any provision of section eleven hundred
ninety-two of this article is an essential element, [to] SHALL NOT OPER-
ATE A MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE AND
SHALL install and maintain, as a condition of PLEA, SENTENCE, probation
or conditional discharge, a functioning ignition interlock device in
accordance with the provisions of this section and, as applicable, in
accordance with the provisions of subdivisions one and one-a of section
eleven hundred ninety-three of this article; provided, however, the
court may not authorize the operation of a motor vehicle by any person
whose license or privilege to operate a motor vehicle has been revoked
except as provided herein. For any such individual subject to a sentence
of probation, installation and maintenance of such ignition interlock
device shall be a condition of probation.
(b) Nothing contained in this section shall prohibit a court, upon
application by a probation department, from modifying the conditions of
probation of any person convicted of any violation set forth in para-
graph (a) of this subdivision prior to the effective date of this
section, to require the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter be subject
to the provisions of this section.
[(c) Nothing contained in this section shall authorize a court to
sentence any person to a period of probation or conditional discharge
for the purpose of subjecting such person to the provisions of this
section, unless such person would have otherwise been so eligible for a
sentence of probation or conditional discharge.]
3. Conditions. (a) [Notwithstanding any other provision of law] EXCEPT
AS OTHERWISE PROVIDED FOR SENTENCES IMPOSED PURSUANT TO PARAGRAPH (G) OF
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE,
the commissioner may grant a post-revocation conditional license, as set
forth in paragraph (b) of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a [or], three OR FOUR-A
of section eleven hundred ninety-two of this article and who has been
sentenced to a period of probation or conditional discharge, provided
the person has satisfied the minimum period of license revocation estab-
lished by law and the commissioner has been notified that such person
may operate only a motor vehicle equipped with a functioning ignition
interlock device. No such request shall be made nor shall such a
license be granted, however, if such person has been found by a court to
have committed a violation of section five hundred eleven of this chap-
ter during the license revocation period or deemed by a court to have
violated any condition of probation or conditional discharge set forth
by the court relating to the operation of a motor vehicle or the
consumption of alcohol. In exercising discretion relating to the issu-
ance of a post-revocation conditional license pursuant to this subdivi-
sion, the commissioner shall not deny such issuance based solely upon
the number of convictions for violations of any subdivision of section
S. 4008--B 40
eleven hundred ninety-two of this article committed by such person with-
in the ten years prior to application for such license. Upon the termi-
nation of the period of probation or conditional discharge set by the
court, the person may apply to the commissioner for restoration of a
license or privilege to operate a motor vehicle in accordance with this
chapter.
(b) Notwithstanding any inconsistent provision of this chapter, a
post-revocation conditional license granted pursuant to paragraph (a) of
this subdivision shall be valid only for use by the holder thereof, (1)
[enroute] EN ROUTE to and from the holder's place of employment, (2) if
the holder's employment requires the operation of a motor vehicle then
during the hours thereof, (3) [enroute] EN ROUTE to and from a class or
course at an accredited school, college or university or at a state
approved institution of vocational or technical training, (4) to and
from court ordered probation activities, (5) to and from a motor vehicle
office for the transaction of business relating to such license, (6) for
a three hour consecutive daytime period, chosen by the department, on a
day during which the participant is not engaged in usual employment or
vocation, (7) [enroute] EN ROUTE to and from a medical examination or
treatment as part of a necessary medical treatment for such participant
or member of the participant's household, as evidenced by a written
statement to that effect from a licensed medical practitioner, (8)
[enroute] EN ROUTE to and from a class or an activity which is an
authorized part of the alcohol and drug rehabilitation program and at
which participant's attendance is required, and (9) [enroute] EN ROUTE
to and from a place, including a school, at which a child or children of
the participant are cared for on a regular basis and which is necessary
for the participant to maintain such participant's employment or enroll-
ment at an accredited school, college or university or at a state
approved institution of vocational or technical training.
(c) The post-revocation conditional license described in this subdivi-
sion may be revoked by the commissioner for sufficient cause including
but not limited to, failure to comply with the terms of the condition of
probation or conditional discharge set forth by the court, conviction of
any traffic offense other than one involving parking, stopping or stand-
ing [or], conviction of any alcohol or drug related offense, misdemeanor
or felony, ANY VIOLATION OF THIS ARTICLE WITH RESPECT TO OPERATING A
MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE WHEN
REQUIRED TO DO SO, or failure to install or maintain a court ordered
ignition interlock device.
(d) Nothing contained herein shall prohibit the court from requiring,
as a condition of probation or conditional discharge, the installation
of a functioning ignition interlock device in any vehicle owned or oper-
ated by a person sentenced for a violation of subdivision two, two-a,
[or] three OR FOUR-A of section eleven hundred ninety-two of this [chap-
ter] ARTICLE, or any crime defined by this chapter or the penal law of
which an alcohol-related violation of any provision of section eleven
hundred ninety-two of this [chapter] ARTICLE is an essential element, if
the court in its discretion, determines that such a condition is neces-
sary to ensure the public safety. Imposition of an ignition interlock
condition shall in no way limit the effect of any period of license
suspension or revocation set forth by the commissioner or the court.
(e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed by law,
including treatment for alcohol or drug abuse, restitution and community
service.
S. 4008--B 41
(f) The commissioner shall note on the operator's record of any person
restricted pursuant to this section that, in addition to any other
restrictions, conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
4. Proof of compliance and recording of condition. (a) Following
imposition by the court of the use of an ignition interlock device as a
condition PLEA, SENTENCE, of probation or conditional discharge it shall
require the person to provide proof of compliance with this section to
the court and the probation department or other monitor where such
person is under probation or conditional discharge supervision. A CLAIM
BY SUCH PERSON THAT HE OR SHE HAS GOOD CAUSE FOR NOT INSTALLING AN
IGNITION INTERLOCK DEVICE SHALL BE MADE TO THE COURT AT OR BEFORE
SENTENCING, IN WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY SUCH
PERSON ASSERTING UNDER OATH THAT: (1) HE OR SHE IS NOT THE REGISTERED OR
TITLED OWNER OF ANY MOTOR VEHICLE AND WILL NOT OPERATE ANY MOTOR VEHICLE
DURING THE PERIOD OF RESTRICTION; AND (2) THAT SUCH PERSON DOES NOT HAVE
ACCESS TO THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE
VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE; AND (C)
THAT THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED TO
SUCH PERSON'S HOUSEHOLD WILL NOT GIVE CONSENT FOR THE INSTALLATION OF AN
INTERLOCK DEVICE ON HIS OR HER VEHICLE. THE AFFIDAVIT SHALL INCLUDE A
STATEMENT REGARDING WHETHER SUCH PERSON OWNED ANY MOTOR VEHICLE ON THE
DATE OF THE UNDERLYING VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS ARTICLE AND WHETHER OWNERSHIP OF ANY OF THOSE VEHICLES HAS BEEN
TRANSFERRED TO ANOTHER PARTY BY SALE, GIFT OR ANY OTHER MEANS SINCE THE
DATE OF SAID VIOLATION. THE AFFIDAVIT SHALL ALSO INCLUDE A STATEMENT
FROM SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT TRANSFER OWNERSHIP
OF ANY VEHICLE TO EVADE INSTALLATION OF AN IGNITION INTERLOCK DEVICE,
THE ADDRESS OF SUCH PERSON'S EMPLOYMENT, IF APPLICABLE, AND HOW SUCH
PERSON INTENDS TO TRAVEL TO THAT LOCATION DURING THE PERIOD OF
RESTRICTION. THE PERSON ALSO MAY INCLUDE ANY OTHER FACTS AND CIRCUM-
STANCES HE OR SHE BELIEVES TO BE RELEVANT TO THE CLAIM OF GOOD CAUSE.
THE COURT SHALL MAKE A FINDING WHETHER GOOD CAUSE EXISTS ON THE RECORD
AND, IF GOOD CAUSE SHALL BE FOUND, ISSUE SUCH FINDING IN WRITING TO BE
FILED BY SUCH PERSON WITH THE PROBATION DEPARTMENT OR THE IGNITION
INTERLOCK MONITOR, AS APPROPRIATE. IN THE EVENT THE COURT DENIES SUCH
PERSON'S CLAIM OF GOOD CAUSE ON THE BASIS OF THE AFFIDAVIT FILED WITH
THE COURT, SUCH PERSONS SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH
PERSON SHALL ALSO BE PERMITTED TO WAIVE THE OPPORTUNITY TO BE HEARD, IF
HE OR SHE CHOOSES TO DO SO. If [the] A person SHALL BE ORDERED TO
INSTALL AND MAINTAIN AN IGNITION INTERLOCK DEVICE, AND SUCH PERSON fails
to provide for such proof of installation, absent a finding by the court
of good cause for that failure which is entered in the record, the court
may revoke, modify, or terminate the person's sentence of probation or
conditional discharge as provided under law. [Good cause may include a
finding that the person is not the owner of a motor vehicle if such
person asserts under oath that such person is not the owner of any motor
vehicle and that he or she will not operate any motor vehicle during the
period of interlock restriction except as may be otherwise authorized
pursuant to law.] "Owner" shall have the same meaning as provided in
section one hundred twenty-eight of this chapter.
(b) When a court imposes the condition specified in subdivision one of
this section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the commissioner shall note such
condition on the operating record of the person subject to such condi-
tions.
S. 4008--B 42
5. Cost, installation and maintenance. (a) The cost of installing and
maintaining the ignition interlock device shall be borne by the person
subject to such condition unless the court determines such person is
financially unable to afford such cost whereupon such cost may be
imposed pursuant to a payment plan or waived. In the event of such
waiver, the cost of the device shall be borne in accordance with regu-
lations issued under paragraph (g) of subdivision one of section eleven
hundred ninety-three of this article or pursuant to such other agreement
as may be entered into for provision of the device. Such cost shall be
considered a fine for the purposes of subdivision five of section 420.10
of the criminal procedure law. Such cost shall not replace, but shall
instead be in addition to, any fines, surcharges, or other costs imposed
pursuant to this chapter or other applicable laws.
(b) The installation and service provider of the device shall be
responsible for the installation, calibration, and maintenance of such
device.
(C) FAILURE TO INSTALL SUCH DEVICE, FAILURE TO APPEAR FOR A SERVICE
VISIT OR FAILURE TO COMPLY WITH SERVICE INSTRUCTIONS OR CIRCUMVENTION OF
OR TAMPERING WITH THE DEVICE, IN VIOLATION OF REGULATIONS PROMULGATED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL CONSTITUTE A VIOLATION
OF THE CONDITIONS OF A PERSON'S SENTENCE, PROBATION OR CONDITIONAL
DISCHARGE.
§ 6. Paragraph (k-1) of subdivision 2 of section 65.10 of the penal
law, as amended by chapter 669 of the laws of 2007, is amended to read
as follows:
(k-1) Install and maintain a functioning ignition interlock device, as
that term is defined in section one hundred nineteen-a of the vehicle
and traffic law, in any vehicle owned or operated by the defendant [if
the court in its discretion determines that such a condition is neces-
sary to ensure the public safety. The court may require such condition
only where a person has been convicted of a violation of subdivision
two, two-a or three of section eleven hundred ninety-two of the vehicle
and traffic law, or any crime defined by the vehicle and traffic law or
this chapter of which an alcohol-related violation of any provision of
section eleven hundred ninety-two of the vehicle and traffic law is an
essential element. The offender shall be required], PROVIDED THE COURT
SHALL REQUIRE THE DEFENDANT to install and operate the ignition inter-
lock device [only] in accordance with THE PROVISIONS OF PARAGRAPHS (G),
(H), (J) AND (L) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
THREE AND section eleven hundred ninety-eight of the vehicle and traffic
law.
§ 7. The division of criminal justice services is authorized and
directed to compile and publish annually a report on its website of the
total number of repeat convictions with respect to violations of section
1192 of the vehicle and traffic law for the five years succeeding the
effective date of this act, and shall also include the total number of
repeat convictions for the five years preceding the effective date in
such report. The division is authorized and directed to coordinate with
any other agency, authority, department, division, bureau, or political
subdivision to compile this information, including without limitation
the governor's highway traffic safety committee.
§ 8. The commissioner of the division of criminal justice services, in
consultation with the commissioner of the department of motor vehicles,
shall promulgate any rules or regulations necessary to effectuate the
provisions of this act.
S. 4008--B 43
§ 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, provided, however,
that the amendments to section 1198 of the vehicle and traffic law made
by section five of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
SUBPART C
Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
cle and traffic law, as separately amended by chapters 196 and 688 of
the laws of 1996 and subparagraph 3 as amended by chapter 345 of the
laws of 2007, is amended to read as follows:
(a) Where a county establishes a special traffic options program for
driving while intoxicated, pursuant to this section, it shall receive
fines and forfeitures collected by any court, judge, magistrate or other
officer within that county, including, where appropriate, a hearing
officer acting on behalf of the commissioner[,]: (1) imposed for
violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
sion two or subparagraph (i) of paragraph (a) of subdivision three of
section five hundred eleven of this chapter; (2) imposed in accordance
with the provisions of section eleven hundred ninety-three and civil
penalties imposed pursuant to subdivision two of section eleven hundred
ninety-four-a of this article, including, where appropriate, a hearing
officer acting on behalf of the commissioner, from violations of
sections eleven hundred ninety-two, eleven hundred ninety-two-a and
findings made under section eleven hundred ninety-four-a of this arti-
cle; and (3) imposed upon a conviction for: aggravated vehicular
assault, pursuant to section 120.04-a of the penal law; vehicular
assault in the first degree, pursuant to section 120.04 of the penal
law; vehicular assault in the second degree, pursuant to section 120.03
of the penal law; aggravated vehicular homicide, pursuant to section
125.14 of the penal law; vehicular manslaughter in the first degree,
pursuant to section 125.13 of the penal law; and vehicular manslaughter
in the second degree, pursuant to section 125.12 of the penal law, as
provided in section eighteen hundred three of this chapter. IN ADDITION,
ANY SURCHARGES IMPOSED PURSUANT TO SECTIONS EIGHTEEN HUNDRED NINE-C AND
EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER SHALL BE PAID TO SUCH COUNTY IN
SUCH MANNER AND FOR SUCH PURPOSES AS PROVIDED FOR IN SUCH SECTIONS. Upon
receipt of these moneys, the county shall deposit them in a separate
account entitled "special traffic options program for driving while
intoxicated" and they shall be under the exclusive care, custody and
control of the chief fiscal officer of each county participating in the
program.
§ 2. Subdivision 9 of section 1803 of the vehicle and traffic law, as
amended by chapter 196 of the laws of 1996 and the opening paragraph as
amended by chapter 345 of the laws of 2007, is amended to read as
follows:
9. A. Where a county establishes a special traffic options program for
driving while intoxicated, approved by the commissioner [of motor vehi-
cles], pursuant to section eleven hundred ninety-seven of this chapter,
all fines, penalties and forfeitures: (1) IMPOSED AND collected [from]
FOR violations of subparagraphs (ii) and (iii) of paragraph (a) of
subdivision two or subparagraph (i) of paragraph (a) of subdivision
three of section five hundred eleven[, all fines, penalties and forfei-
tures] OF THIS CHAPTER; (2) imposed AND COLLECTED in accordance with
section eleven hundred ninety-three of this chapter [collected from] FOR
S. 4008--B 44
violations of section eleven hundred ninety-two of this chapter; [and
any fines or forfeitures] (3) collected by any court, judge, magistrate
or other officer imposed upon a conviction for: aggravated vehicular
assault, pursuant to section 120.04-a of the penal law; vehicular
assault in the first degree, pursuant to section 120.04 of the penal
law; vehicular assault in the second degree, pursuant to section 120.03
of the penal law; aggravated vehicular homicide, pursuant to section
125.14 of the penal law; vehicular manslaughter in the first degree,
pursuant to section 125.13 of the penal law; and vehicular manslaughter
in the second degree, pursuant to section 125.12 of the penal law; and
(4) civil penalties imposed pursuant to subdivision two of section elev-
en hundred ninety-four-a of this chapter, shall be paid to such county.
IN ADDITION, ANY SURCHARGES IMPOSED PURSUANT TO SECTIONS EIGHTEEN
HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER SHALL BE PAID
TO SUCH COUNTY IN SUCH MANNER AND FOR SUCH PURPOSES AS PROVIDED FOR IN
SUCH SECTIONS.
[(a)] B. Any such fine, penalty, or forfeiture collected by any court,
judge, magistrate or other officer referred to in subdivision one of
section thirty-nine of the judiciary law, establishing a unified court
budget, shall be paid to that county within the first ten days of the
month following collection.
[(b)] C. Any such fine, penalty, or forfeiture collected by any other
court, judge, magistrate or other officer, including, where appropriate,
a hearing officer acting on behalf of the commissioner, shall be paid to
the state comptroller within the first ten days of the month following
collection. Every such payment to the comptroller shall be accompanied
by a statement in such form and detail as the comptroller shall provide.
The comptroller shall pay these funds to the county in which the
violation occurs.
[(c)] D. Upon receipt of any monies referred to in this section, the
county shall deposit them in a separate account entitled "special traf-
fic options program for driving while intoxicated".
§ 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
law, as added by section 37 of part J of chapter 62 of the laws of 2003,
are amended to read as follows:
1. Notwithstanding any other provision of law, whenever proceedings in
a court of this state result in a conviction pursuant to section eleven
hundred ninety-two of this chapter OR SUBPARAGRAPHS (II) AND (III) OF
PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, there
shall be levied, in addition to any sentence or other surcharge required
or permitted by law, an additional surcharge of twenty-five dollars.
2. The additional surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court that rendered the
conviction. Within the first ten days of the month following collection
of the surcharge the collecting authority shall determine the amount of
surcharge collected and it shall pay such money to the state comptroller
who shall deposit such money in the state treasury pursuant to section
one hundred twenty-one of the state finance law to the credit of the
general fund; PROVIDED, HOWEVER, COMMENCING ON APRIL FIRST, TWO THOUSAND
TWENTY-FOUR, ALL SUCH MONEYS SHALL BE PAID TO COUNTIES PURSUANT TO
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER
AND SHALL BE USED BY EACH SUCH COUNTY FOR PROGRAMS AND INITIATIVES
SPECIFICALLY DESIGNED AND ESTABLISHED TO REDUCE THE INCIDENCE OF DRUG-
IMPAIRED DRIVING.
S. 4008--B 45
§ 4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
of the vehicle and traffic law, as added by section 1 of part EE of
chapter 56 of the laws of 2008, are amended to read as follows:
b. Notwithstanding any other provision of law, whenever proceedings in
a court of this state result in a conviction pursuant to section eleven
hundred ninety-two of this chapter OR SUBPARAGRAPHS (II) AND (III) OF
PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, there
shall be levied, in addition to any sentence or other surcharge required
or permitted by law, an additional surcharge of one hundred seventy
dollars.
2. The additional surcharges provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of such surcharges, the collecting authority shall
pay such money to the state comptroller to be deposited to the general
fund; PROVIDED, HOWEVER, COMMENCING ON APRIL FIRST, TWO THOUSAND TWEN-
TY-FIVE, FIFTY PERCENT OF SUCH SURCHARGE SHALL BE PAID TO THE STATE
COMPTROLLER TO BE DEPOSITED TO THE GENERAL FUND AND FIFTY PERCENT OF
SUCH SURCHARGE SHALL BE PAID TO COUNTIES PURSUANT TO SUBDIVISION ONE OF
SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER AND SHALL BE USED BY
EACH SUCH COUNTY FOR PROGRAMS AND INITIATIVES SPECIFICALLY DESIGNED AND
ESTABLISHED TO REDUCE THE INCIDENCE OF DRUG-IMPAIRED DRIVING; AND
PROVIDED FURTHER, COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-SIX AND
EVERY FISCAL YEAR THEREAFTER, ONE HUNDRED PERCENT OF SUCH SURCHARGE
SHALL BE PAID TO COUNTIES PURSUANT TO SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-SEVEN OF THIS CHAPTER AND SHALL BE USED BY EACH SUCH
COUNTY FOR PROGRAMS AND INITIATIVES SPECIFICALLY DESIGNED AND ESTAB-
LISHED TO REDUCE THE INCIDENCE OF DRUG-IMPAIRED DRIVING.
§ 5. The commissioner of motor vehicles shall annually certify to the
division of the budget that all program plans eligible for funding
pursuant to this act are in full compliance with the provisions of
section 1197 of the vehicle and traffic law establishing the special
traffic options program for driving while intoxicated, the rules promul-
gated pursuant to 15 NYCRR 172 relating to such program and the
provisions of this act.
§ 6. This act shall take effect April 1, 2024.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart 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 or subpart thereof directly involved in the controversy
in which such judgment shall have been rendered. It is hereby declared
to be the intent of the legislature that this act would have been
enacted even if such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART M
Section 1. Subdivisions 3 and 3-a of section 205 of the vehicle and
traffic law, subdivision 3 as amended by section 3 of part G of chapter
59 of the laws of 2008, and subdivision 3-a as added by section 1 of
S. 4008--B 46
part F of chapter 58 of the laws of 2012, are amended to read as
follows:
3. Each such county clerk shall retain from fees collected for any
motor vehicle related service described in subdivision one of this
section processed by such county clerk an amount based on a percentage
of gross receipts collected. For purposes of this section, the term
"gross receipts" shall include all fines, fees and penalties collected
pursuant to this chapter by a county clerk acting as agent of the
commissioner, but shall not include any state or local sales or compen-
sating use taxes imposed under or pursuant to the authority of articles
twenty-eight and twenty-nine of the tax law and collected by such clerk
on behalf of the commissioner of taxation and finance. The retention
percentage shall be [12.7] 10.75 percent [and shall take effect April
first, nineteen hundred ninety-nine; provided, however, the retention
percentage shall be thirty percent of the thirty dollar fee established
in paragraph (e) of subdivision two of section four hundred ninety-one
and paragraph f-one of subdivision two of section five hundred three of
this chapter].
3-a. In addition to the fees retained pursuant to subdivision three of
this section, each county clerk acting as the agent of the commissioner
pursuant to subdivision one of this section shall retain [four percent]
A PERCENTAGE of "enhanced internet and electronic partner revenue"
collected by the commissioner. For the purposes of this subdivision,
"enhanced internet and electronic partner revenue" shall mean the amount
of gross receipts attributable to all transactions conducted on the
internet by residents of such county and by designated partners of the
department on behalf of such residents for the current calendar year
[that exceeds the amount of such revenue collected by the commissioner
during calendar year two thousand eleven]. The commissioner shall certi-
fy the amounts to be retained by each county clerk pursuant to this
subdivision. [Provided, however, that if the aggregate amount of fees
retained by county clerks pursuant to this subdivision in calendar years
two thousand twelve and two thousand thirteen combined exceeds eighty-
eight million five hundred thousand dollars, then the percentage of fees
to be retained thereafter shall be reduced to a percentage that, if
applied to the fees collected during calendar years two thousand twelve
and two thousand thirteen combined, would have resulted in an aggregate
retention of eighty-eight million five hundred thousand dollars or 2.5
percent of enhanced internet and electronic partner revenue, whichever
is higher. If the aggregate amount of fees retained by county clerks
pursuant to this subdivision in calendar years two thousand twelve and
two thousand thirteen combined is less than eighty-eight million five
hundred thousand dollars, then the percentage of fees to be retained
thereafter shall be increased to a percentage that, if applied to the
fees collected during calendar years two thousand twelve and two thou-
sand thirteen combined, would have resulted in an aggregate retention of
eighty-eight million five hundred thousand dollars, or six percent of
enhanced internet and electronic partner revenue, whichever is less. On
and after April first, two thousand sixteen, the percent of enhanced
internet and electronic partner revenue to be retained by county clerks
shall be the average of the annual percentages that were in effect
between April first, two thousand twelve and March thirty-first, two
thousand sixteen.] THE RETENTION PERCENTAGE SHALL BE 10.75 PERCENT.
§ 2. This act shall take effect January 1, 2024.
PART N
S. 4008--B 47
Section 1. Subdivision 2 of section 237 of the vehicle and traffic
law, as amended by chapter 458 of the laws of 2010, is amended to read
as follows:
2. To provide for penalties other than imprisonment for (a) parking
violations in accordance with a schedule of monetary fines and penal-
ties, provided however, that monetary penalties shall not exceed fifty
dollars for each parking violation other than (i) in a city with a popu-
lation of one million or more, violations committed in spaces where
stopping or standing is prohibited for which monetary penalties shall
not exceed one hundred dollars and, (ii) handicapped parking violations
for which monetary penalties shall not exceed one hundred fifty dollars;
and (b) abandoned vehicle violations, except in a city with a population
of one million or more, provided however, that monetary penalties shall
not be less than two hundred fifty dollars nor more than one thousand
dollars for each abandoned vehicle violation; and (c) a city with a
population of one million or more may impose a monetary penalty of [up
to two hundred fifty] ONE THOUSAND dollars for [a first] EACH offense
[and up to five hundred dollars for subsequent offenses within a six
month period] for tractor-trailer combinations, tractors, truck trailers
and semi-trailers parked overnight on streets in residential neighbor-
hoods;
§ 2. Subdivision 2 of section 238 of the vehicle and traffic law, as
amended by chapter 224 of the laws of 1995, is amended to read as
follows:
2. A notice of violation shall be served personally upon the operator
of a motor vehicle who is present at the time of service, and his name,
together with the plate designation and the plate type as shown by the
registration plates of said vehicle and the expiration date, PROVIDED
THAT THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED IN SUCH NOTICE IN
PLACE OF OR IN ADDITION TO THE PLATE DESIGNATION AND PLATE TYPE; the
make or model, and, PROVIDED THAT A BODY TYPE IS INDICATED ON THE REGIS-
TRATION STICKER OF SAID VEHICLE, THE body type of said vehicle; a
description of the charged violation, including but not limited to a
reference to the applicable traffic rule or provision of this chapter;
information as to the days and hours the applicable rule or provision of
this chapter is in effect, unless always in effect pursuant to rule or
this chapter and where appropriate the word ALL when the days and/or
hours in effect are everyday and/or twenty-four hours a day; the meter
number for a meter violation, where appropriate; and the date, time and
particular place of occurrence of the charged violation, shall be
inserted therein. A mere listing of a meter number in cases of charged
meter violations shall not be deemed to constitute a sufficient
description of a particular place of occurrence for purposes of this
subdivision. The notice of violation shall be served upon the owner of
the motor vehicle if the operator is not present, by affixing such
notice to said vehicle in a conspicuous place. Whenever such notice is
so affixed, in lieu of inserting the name of the person charged with the
violation in the space provided for the identification of said person,
the words "owner of the vehicle bearing license" may be inserted to be
followed by the plate designation and plate type as shown by the regis-
tration plates of said vehicle together with the expiration date,
PROVIDED THAT THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED IN SUCH
NOTICE IN PLACE OF OR IN ADDITION TO THE PLATE DESIGNATION AND PLATE
TYPE; the make or model, and, PROVIDED THAT A BODY TYPE IS INDICATED ON
THE REGISTRATION STICKER OF SAID VEHICLE, THE body type of said vehicle;
a description of the charged violation, including but not limited to a
S. 4008--B 48
reference to the applicable traffic rule or provision of this chapter;
information as to the days and hours the applicable rule or provision of
this chapter is in effect unless always in effect pursuant to rule or
this chapter and where appropriate the word ALL when the days and/or
hours in effect are every day and/or twenty-four hours a day; the meter
number for a meter violation where appropriate; and the date, time and
particular place of occurrence of the charged violation. Service of the
notice of violation, or a duplicate thereof by affixation as herein
provided shall have the same force and effect and shall be subject to
the same penalties for disregard thereof as though the same was
personally served with the name of the person charged with the violation
inserted therein.
§ 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle
and traffic law, as added by chapter 224 of the laws of 1995, is amended
to read as follows:
(a) Notwithstanding any inconsistent provision of subdivision two of
this section, where the plate type or the expiration date are not shown
on either the registration plates or sticker of a vehicle or where the
registration sticker is covered, faded, defaced or mutilated so that it
is unreadable, OR CANNOT BE LOCATED ON SUCH VEHICLE, the plate type or
the expiration date may be omitted from the notice of violation;
provided, however, [such] THAT THE condition OF SUCH PLATES OR STICKER
must be so described and inserted on the notice of violation.
§ 4. Subparagraph (ii) of paragraph (c) of subdivision 2-a of section
238 of the vehicle and traffic law, as added by chapter 409 of the laws
of 2001, is amended to read as follows:
(ii) Notice shall be served on the owner by mail to the last known
registered address WITHIN SIX YEARS OF THE DISMISSAL OR within two years
of the time that the enforcing authority discovers, or could with
reasonable diligence have discovered, that the dismissal was procured
due to the knowing fraud, false testimony, misrepresentation, or other
misconduct, or the knowing alteration of a notice of parking violation,
by the person so charged or his or her agent, employee, or represen-
tative. Such notice shall fix a time when and place where a hearing
shall be held before a hearing examiner to determine whether or not
dismissal of a charged parking violation shall be set aside. Such notice
shall set forth the basis for setting aside the dismissal and advise the
owner that failure to appear at the date and time indicated in such
notice shall be deemed an admission of liability and shall result in the
setting aside of the dismissal and entry of a determination on the
charged parking violation. Such notice shall also contain a warning
that civil penalties may be imposed for the violation pursuant to this
paragraph and that a default judgment may be entered thereon.
§ 5. Section 242 of the vehicle and traffic law is amended by adding a
new subdivision 3-a to read as follows:
3-A. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, AN
APPEAL FOR AN INFRACTION INVOLVING A COMMERCIAL VEHICLE SHALL BE
CONDUCTED ONLY WHEN AN APPELLANT HAS EITHER:
(A) POSTED A BOND IN THE AMOUNT OF THE DETERMINATION APPEALED FROM; OR
(B) PAID TO THE PARKING VIOLATIONS BUREAU THE FOLLOWING PENALTIES AND
SURCHARGES, AS APPLICABLE:
(I) ANY PENALTY IMPOSED PURSUANT TO A NOTICE OF LIABILITY ISSUED
PURSUANT TO A PROGRAM AUTHORIZED BY SECTION THREE HUNDRED EIGHTY-FIVE-A,
ELEVEN HUNDRED ELEVEN-A, ELEVEN HUNDRED ELEVEN-C, OR ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, OTHER THAN ANY ADDITIONAL PENALTY IMPOSED FOR
S. 4008--B 49
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD; AND
(II) ANY SURCHARGE LEVIED PURSUANT TO A NOTICE OF VIOLATION ISSUED IN
ACCORDANCE WITH SECTIONS EIGHTEEN HUNDRED NINE-A AND EIGHTEEN HUNDRED
NINE-B OF THIS CHAPTER.
§ 6. Subdivision 6 of section 242 of the vehicle and traffic law, as
added by chapter 515 of the laws of 2004, is amended to read as follows:
6. When charges have been overturned by [a court or] any [other]
administrative body or officer, the party in whose favor the appeal is
decided shall be entitled to have returned an amount equal to any fine
or penalty imposed and collected from the parking violations bureau
within thirty days of the entry of the judgement; provided, however,
that such [court,] administrative body or officer shall have the author-
ity to lessen from such amount any debt owed by such party and shall
apply this amount to any outstanding fines and penalties owed by the
same individual. If payment is not made within thirty days, a penalty
shall accrue at the same rate as that imposed for failure to make timely
payment of a fine and shall be paid by the parking violations bureau.
§ 6-a. The administrative code of the city of New York is amended by
adding a new section 19-611 to read as follows:
§ 19-611 SCHOOL BUS PARKING ON A CITY STREET. NO SCHOOL BUS OPERATED
BY OR PURSUANT TO A CONTRACT WITH THE BOARD OF EDUCATION SHALL:
(A) PARK ON A CITY STREET ON WEEKDAYS BETWEEN THE HOURS OF FIVE P.M.
AND FIVE A.M.; OR
(B) PARK ON A CITY STREET ON WEEKENDS BETWEEN THE HOURS OF FIVE P.M.
ON FRIDAY AND FIVE A.M. ON MONDAY.
§ 7. This act shall take effect immediately, provided that section
four of this act shall apply with respect to any determination made on
or after the first day of the first month succeeding the sixtieth day
after this act shall have become a law.
PART O
Intentionally Omitted
PART P
Section 1. Section 600 of the vehicle and traffic law is amended by
adding a new subdivision 4 to read as follows:
4. REMOVAL OF A VEHICLE. OPERATION OF A MOTOR VEHICLE IN A MANNER
CONSISTENT WITH SUBDIVISION (E) OF SECTION TWELVE HUNDRED OF THIS CHAP-
TER SHALL NOT BE DEEMED A VIOLATION OF THIS SECTION.
§ 2. Section 1200 of the vehicle and traffic law is amended by adding
a new subdivision (e) to read as follows:
(E) WHEN A VEHICLE IS INVOLVED IN AN INCIDENT INVOLVING NO PERSONAL
INJURY OR DEATH, AND THE OPERATOR OF SUCH VEHICLE KNOWS OR HAS CAUSE TO
KNOW THAT SUCH INCIDENT RESULTED IN DAMAGE TO THE REAL OR PERSONAL PROP-
ERTY OF ANOTHER, THE OPERATOR OF SUCH VEHICLE, AND THE OPERATOR OF ANY
OTHER VEHICLE INVOLVED, SHALL IMMEDIATELY MOVE OR CAUSE TO BE REMOVED
SUCH VEHICLE OR VEHICLES FROM THE TRAVEL LANE TO A LOCATION OFF THE
HIGHWAY THAT REMAINS IN THE IMMEDIATE VICINITY OF THE INCIDENT, PROVIDED
THAT THE VEHICLE IS OPERABLE, THAT THE OPERATOR MAY LAWFULLY MOVE THE
VEHICLE IN ACCORDANCE WITH ALL LAWS INCLUDING THOSE PROHIBITING IMPAIRED
DRIVING, AND THAT THE MOVEMENT OF SUCH VEHICLE CAN BE DONE SAFELY. VEHI-
CLE OPERATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION
S. 4008--B 50
SHALL NOT BE CONSTRUED TO IMPLY THAT NO INJURY HAS OCCURRED, NOR SHALL
THE DRIVER BE CONSIDERED LIABLE OR AT FAULT REGARDING THE CAUSE OF THE
INCIDENT SOLELY BY MOVING OR CAUSING THE REMOVAL OF THE VEHICLE. MOVING
A VEHICLE CONSISTENT WITH THIS SUBDIVISION SHALL NOT RELIEVE AN INVESTI-
GATING POLICE OFFICER FROM THE OBLIGATION TO FILE A REPORT THAT IS
OTHERWISE REQUIRED. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO
AUTHORIZE OTHERWISE UNQUALIFIED PERSONS TO CLEAR OR REMOVE HAZARDOUS
MATERIALS FROM THE HIGHWAY OR TO MOVE VEHICLES WHICH ARE TRANSPORTING
HAZARDOUS MATERIALS IN A MANNER INCONSISTENT WITH APPLICABLE LAW.
§ 3. This act shall take effect immediately.
PART Q
Intentionally Omitted
PART R
Section 1. Subdivisions 1 and 2 of section 1352 of the racing, pari-
mutuel wagering and breeding law, as added by chapter 174 of the laws of
2013, is amended to read as follows:
1. (A) The commission shall pay into an account, to be known as the
commercial gaming revenue fund as established pursuant to section nine-
ty-seven-nnnn of the state finance law, under the joint custody of the
comptroller and the commissioner of taxation and finance, all taxes and
fees imposed by this article PAID BY A GAMING FACILITY LICENSED UNDER
TITLE TWO AND TITLE TWO-A OF THIS ARTICLE, EXCEPT AS OTHERWISE PROVIDED
BY PARAGRAPH (B) OF THIS SUBDIVISION; any interest and penalties imposed
by the commission relating to those taxes; the appropriate percentage of
the value of expired gaming related obligations; all penalties levied
and collected by the commission; and the appropriate funds, cash or
prizes forfeited from gambling activity.
(B) FOR ANY GAMING FACILITY LICENSED UNDER TITLE TWO-A OF THIS ARTI-
CLE, THE COMMISSION SHALL PAY, WITHOUT APPROPRIATION, INTO THE METROPOL-
ITAN TRANSPORTATION AUTHORITY FINANCE FUND ESTABLISHED UNDER SECTION ONE
THOUSAND TWO HUNDRED SEVENTY-H OF THE PUBLIC AUTHORITIES LAW THE FOLLOW-
ING:
(I) FOR ANY GAMING FACILITY NOT LOCATED WITHIN THE CITY OF NEW YORK,
EIGHTY PERCENT OF THE LICENSING FEES IMPOSED BY THIS ARTICLE.
(II) FOR ANY GAMING FACILITY LOCATED WITHIN THE CITY OF NEW YORK, ONE
HUNDRED PERCENT OF THE LICENSING FEES IMPOSED BY THIS ARTICLE.
(C) FOR ANY GAMING FACILITY LICENSED UNDER TITLE TWO-A OF THIS ARTI-
CLE, THE COMMISSION SHALL PAY INTO THE COMMERCIAL GAMING REVENUE FUND
ESTABLISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW THE
FOLLOWING:
(I) FOR ANY GAMING FACILITY NOT LOCATED WITHIN THE CITY OF NEW YORK,
TEN PERCENT OF THE LICENSING FEES IMPOSED BY THIS ARTICLE. SUCH FUNDS
SHALL BE ALLOCATED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH B OF
SUBDIVISION THREE OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW.
(II) FOR ANY GAMING FACILITY NOT LOCATED WITHIN THE CITY OF NEW YORK,
TEN PERCENT OF THE LICENSING FEES IMPOSED BY THIS ARTICLE AMONG COUNTIES
WITHIN THE REGION, AS DEFINED BY SECTION ONE THOUSAND THREE HUNDRED TEN
OF THIS ARTICLE, HOSTING SAID FACILITY FOR THE PURPOSE OF REAL PROPERTY
TAX RELIEF AND FOR EDUCATION ASSISTANCE. SUCH DISTRIBUTION SHALL BE MADE
AMONG THE COUNTIES ON A PER CAPITA BASIS, SUBTRACTING THE POPULATION OF
HOST MUNICIPALITY AND COUNTY. SUCH FUNDS SHALL BE ALLOCATED IN ACCORD-
S. 4008--B 51
ANCE WITH THE PROVISIONS OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION
NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW.
2. The commission shall require at least monthly deposits by the
licensee of any payments pursuant to section one thousand three hundred
fifty-one of this article, at such times, under such conditions, and in
such depositories as shall be prescribed by the state comptroller. The
deposits shall be deposited to the credit of the commercial gaming
revenue fund as established by section ninety-seven-nnnn of the state
finance law OR TO THE METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND
ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-H OF THE
PUBLIC AUTHORITIES LAW, ACCORDING TO THE REQUIREMENTS OF SUBDIVISION ONE
OF THIS SECTION. The commission may require a monthly report and recon-
ciliation statement to be filed with it on or before the tenth day of
each month, with respect to gross revenues and deposits received and
made, respectively, during the preceding month.
§ 1-a. Subdivision 3 of section 1321-e of the racing, pari-mutuel
wagering and breeding law, as added by section 7 of part RR of chapter
56 of the laws of 2022, is amended to read as follows:
3. The board shall determine a licensing fee to be paid by a licensee
within thirty days after the [award] SELECTION of the license which
shall be deposited [into the commercial gaming revenue fund] IN ACCORD-
ANCE WITH PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF SECTION THIRTEEN
HUNDRED FIFTY-TWO OF THIS ARTICLE, provided however that no licensing
fee shall be less than five hundred million dollars. The license shall
set forth the conditions to be satisfied by the licensee before the
gaming facility shall be opened to the public. The commission shall set
any renewal fee for such license based on the cost of fees associated
with the evaluation of a licensee under this article which shall be
deposited into the commercial gaming fund. Such renewal fee shall be
exclusive of any subsequent licensing fees under this section.
§ 2. Subdivision 2 of section 97-nnnn of the state finance law, as
added by chapter 174 of the laws of 2013, is amended to read as follows:
2. Such account shall consist of all revenues [from all taxes and fees
imposed by article thirteen of the racing, pari-mutuel wagering and
breeding law; any interest and penalties imposed by the New York state]
RECEIVED FROM THE gaming commission [relating to those taxes; the
percentage of the value of expired gaming related obligations; and all
penalties levied and collected by the commission. Additionally, the
state gaming commission shall pay into the account any appropriate
funds, cash or prizes forfeited from gambling activity] PURSUANT TO
PARAGRAPHS (A) AND (C) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED
FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
§ 3. Subdivision 2 of section 1270-h of the public authorities law, as
amended by section 13 of part UU of chapter 59 of the laws of 2018, is
amended to read as follows:
2. The comptroller shall deposit into the metropolitan transportation
authority finance fund (a) monthly, pursuant to appropriation, the
moneys deposited in the mobility tax trust account of the metropolitan
transportation authority financial assistance fund pursuant to any
provision of law directing or permitting the deposit of moneys in such
fund, [and] (b) without appropriation, the revenue including taxes,
interest and penalties collected in accordance with article twenty-three
of the tax law, AND (C) WITHOUT APPROPRIATION, THE REVENUE DERIVED FROM
LICENSING FEES COLLECTED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED FIFTY-TWO
OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
S. 4008--B 52
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed 10 years after such date.
PART S
Intentionally Omitted
PART T
Section 1. Subdivision 7 of section 339-n of the real property law is
REPEALED.
§ 2. Subdivisions 8 and 9 of section 339-n of the real property law
are renumbered subdivisions 7 and 8.
§ 3. Subdivision 2 of section 339-s of the real property law, as added
by chapter 346 of the laws of 1997, is amended to read as follows:
2. [Each such declaration, and any amendment or amendments thereof
shall be filed with the department of state] (A) THE BOARD OF MANAGERS
FOR EACH CONDOMINIUM SUBJECT TO THIS ARTICLE, SHALL FILE WITH THE SECRE-
TARY OF STATE A CERTIFICATE OF DESIGNATION, IN WRITING, SIGNED, DESIG-
NATING THE SECRETARY OF STATE AS AGENT OF THE BOARD OF MANAGERS UPON
WHOM PROCESS AGAINST IT MAY BE SERVED, PROVIDING THE POST OFFICE ADDRESS
WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY OF STATE SHALL MAIL
A COPY OF PROCESS AGAINST IT SERVED UPON THE SECRETARY OF STATE BY
PERSONAL DELIVERY, AND MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRE-
TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY UPON THE SECRETARY OF
STATE; PROVIDED, HOWEVER, THAT A DESIGNATION FILED WITH THE SECRETARY OF
STATE PURSUANT TO SECTION FOUR HUNDRED TWO OF THE BUSINESS CORPORATION
LAW OR SECTION FOUR HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW
SHALL ALSO SERVE AS SUCH DESIGNATION. A CERTIFICATE OF DESIGNATION SHALL
BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS.
(B) ANY BOARD OF MANAGERS MAY, FROM TIME TO TIME, CHANGE THE POST
OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE IS DIRECTED TO MAIL
COPIES OF PROCESS AGAINST THE BOARD OF MANAGERS SERVED ON THE SECRETARY
OF STATE BY PERSONAL DELIVERY, AND/OR SPECIFY, CHANGE OR DELETE THE
EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
THE FACT THAT PROCESS AGAINST THE BOARD OF MANAGERS HAS BEEN SERVED
ELECTRONICALLY UPON THE SECRETARY OF STATE, BY FILING A SIGNED CERTIF-
ICATE OF AMENDMENT OF THE CERTIFICATE OF DESIGNATION WITH THE DEPARTMENT
OF STATE. SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY
DOLLARS.
(C) SERVICE OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF A BOARD
OF MANAGERS SHALL BE MADE IN THE MANNER PROVIDED BY SUBPARAGRAPH (I) OR
(II) OF THIS PARAGRAPH:
(I) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE
BY PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE OR
HIS OR HER DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF
STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE
IN THE CITY OF ALBANY, DUPLICATE COPIES OF SUCH PROCESS TOGETHER WITH
THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF
PROCESS ON SUCH BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY
OF STATE IS SO SERVED. THE SECRETARY OF STATE SHALL PROMPTLY SEND ONE OF
SUCH COPIES BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH BOARD
OF MANAGERS, AT THE POST OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF
STATE SPECIFIED FOR SUCH PURPOSE.
S. 4008--B 53
(II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
STATE, PROVIDED THE BOARD OF MANAGERS HAS AN EMAIL ADDRESS ON FILE IN
THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
NOTICE OF THE FACT THAT PROCESS AGAINST THE BOARD OF MANAGERS HAS BEEN
SERVED ELECTRONICALLY UPON THE SECRETARY OF STATE. SERVICE OF PROCESS ON
SUCH BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS
REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE
SHALL PROMPTLY SEND NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED
ELECTRONICALLY ON THE SECRETARY OF STATE TO SUCH BOARD OF MANAGERS AT
THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR SUCH
PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH BOARD OF
MANAGERS.
(D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND
ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY
LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE PURPOSE OF
ACQUIRING JURISDICTION OF SUCH BOARD OF MANAGERS IN ANY ACTION OR
PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL, ADMINISTRATIVE, ARBI-
TRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN
OR FOR THIS STATE.
(E) NOTHING IN THIS SUBDIVISION SHALL AFFECT THE RIGHT TO SERVE PROC-
ESS IN ANY OTHER MANNER PERMITTED BY LAW.
(F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UNDER THIS SUBDIVISION, INCLUDING THE DATE OF SERVICE. IT SHALL, UPON
REQUEST, MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE
UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN AUTHORIZED
PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU-
TORY FEE. PROCESS SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION
SHALL BE DESTROYED BY HIM OR HER AFTER A PERIOD OF TEN YEARS FROM SUCH
SERVICE.
(G) A DESIGNATION OF THE SECRETARY OF STATE AS AGENT OF A BOARD OF
MANAGERS UPON WHOM PROCESS AGAINST THE BOARD OF MANAGERS MAY BE SERVED,
THE POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON HIM OR HER BY PERSONAL DELIVERY, AND THE
EMAIL ADDRESS, IF ANY, TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
NOTICE OF THE FACT THAT PROCESS AGAINST THE BOARD OF MANAGERS HAS BEEN
ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, INCLUDED IN A DECLA-
RATION, OR AMENDMENT THEREOF, AND FILED WITH THE DEPARTMENT OF STATE
UNDER THIS SUBDIVISION, SHALL CONTINUE UNTIL A CERTIFICATE OF DESIG-
NATION IS FILED WITH THE SECRETARY OF STATE UNDER THIS SUBDIVISION.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART U
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 4 of part T of chapter 58 of the laws of 2022, 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, [2023] 2024 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
S. 4008--B 54
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART V
Intentionally Omitted
PART W
Intentionally Omitted
PART X
Section 1. Subdivision 3 of section 103-a of the public officers law,
as added by section 2 of part WW of chapter 56 of the laws of 2022, is
amended to read as follows:
3. The in person participation requirements of paragraph (c) of subdi-
vision two of this section shall not apply TO (A) PUBLIC BODIES CREATED
EXCLUSIVELY FOR THE EXPRESS PURPOSE OF PERFORMING A GOVERNMENTAL FUNC-
TION RELATED TO ISSUES SPECIFIC TO INDIVIDUALS WITH DISABILITIES, AS THE
TERM IS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINE-
TY-TWO OF THE EXECUTIVE LAW, OR (B) during a state disaster emergency
declared by the governor pursuant to section twenty-eight of the execu-
tive law IF THE PUBLIC BODY DETERMINES THAT THE CIRCUMSTANCES NECESSI-
TATING THE EMERGENCY DECLARATION WOULD AFFECT OR IMPAIR THE ABILITY OF
THE PUBLIC BODY TO HOLD AN IN PERSON MEETING, or (C) DURING a local
state of emergency proclaimed by the chief executive of a county, city,
village or town pursuant to section twenty-four of the executive law, if
the public body determines that the circumstances necessitating the
emergency declaration would affect or impair the ability of the public
body to hold an in person meeting, PROVIDED THAT FOR MEETINGS CONDUCTED
PURSUANT TO PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION, THE PUBLIC
SHALL HAVE THE ABILITY TO VIEW OR LISTEN TO SUCH PROCEEDING AND THAT
SUCH MEETINGS ARE RECORDED AND LATER TRANSCRIBED.
§ 1-a. Section 103-a of the public officers law is amended by adding a
new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO HAS A
DISABILITY AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
LAW THAT RENDERS SUCH MEMBER UNABLE TO BE PHYSICALLY PRESENT AT ANY
MEETING LOCATION MAY BE CONSIDERED PRESENT FOR PURPOSES OF FULFILLING
THE QUORUM REQUIREMENT FOR THE PUBLIC BODY AT MEETINGS CONDUCTED THROUGH
VIDEOCONFERENCING, PROVIDED THE APPLICABLE CRITERIA IN SUBDIVISION TWO
OF THIS SECTION ARE OTHERWISE MET.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 103-a of the public officers law made by
sections one and one-a of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
PART Y
Section 1. Subdivision 11 of section 400 of the general business law,
as added by chapter 80 of the laws of 2015, is amended to read as
follows:
S. 4008--B 55
11. "Trainee" means a person pursuing in good faith a course of study
in the practice of nail specialty OR COSMETOLOGY under the tutelage,
supervision and direction of a licensed [nail] practitioner OF THE SAME
LICENSE TYPE, AS HEREIN DEFINED. Such trainee shall be employed by a
licensed appearance enhancement business.
§ 2. Paragraph f of subdivision 1 of section 406 of the general busi-
ness law is REPEALED.
§ 3. Paragraph b of subdivision 2 of section 406 of the general busi-
ness law, as amended by chapter 341 of the laws of 1998, is amended to
read as follows:
b. Each such application shall also be accompanied by satisfactory
evidence of having taken and passed the appropriate examination or exam-
inations offered by the secretary pursuant to this article for the
license sought and EITHER: (I) evidence of the successful completion of
an approved course of study in nail specialty, waxing, natural hair
styling, esthetics or cosmetology in a school duly licensed pursuant to
the education law; (II) IN THE CASE OF A NAIL SPECIALTY TRAINEE, SATIS-
FACTORY EVIDENCE TO THE SECRETARY THAT SUCH TRAINEE HAS EITHER BEEN
ACTIVELY ENGAGED IN A TRAINEESHIP FOR A PERIOD OF ONE YEAR AND HAS
COMPLETED A COURSE OF STUDY SET FORTH BY THE SECRETARY OR HAS BEEN
ACTIVELY ENGAGED IN A TRAINEESHIP FOR A PERIOD OF TWO YEARS; OR (III) IN
THE CASE OF A COSMETOLOGY TRAINEE, SATISFACTORY EVIDENCE TO THE SECRE-
TARY THAT SUCH TRAINEE HAS BEEN ACTIVELY ENGAGED IN A TRAINEESHIP FOR A
PERIOD OF TWO YEARS.
§ 4. Subdivisions 2 and 3 of section 408-a of the general business
law, as added by chapter 80 of the laws of 2015, are amended to read as
follows:
2. A certificate of registration as a trainee shall be for a period of
[one year] FOUR YEARS, renewable for [a second year] AN ADDITIONAL PERI-
OD OF FOUR YEARS, and may be renewed for additional terms within the
discretion of the secretary.
3. Each certificate of registration issued as provided in this section
shall be posted in a conspicuous place in the appearance enhancement
business in which the trainee is actually engaged [in the practice of
nail specialty] as a trainee.
§ 5. Subdivision 1 of section 437 of the general business law, as
amended by chapter 243 of the laws of 1999, is amended to read as
follows:
1. Each applicant for a certificate of registration as an apprentice
shall make an application which shall include the physician's certif-
icate required by paragraph (c) [and the certificate of completion
required by paragraph (e-1) of subdivision one] of section four hundred
thirty-four, two recent photographs, and which certificate shall contain
such other information required by such section and in such form as the
secretary of state may prescribe.
§ 6. 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 by the secretary of state
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 Z
Intentionally Omitted
S. 4008--B 56
PART AA
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 MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
FIRE DISTRICT, SPECIAL DISTRICT, OR LOCAL AGENCY, RECEIVING LOANS OR
GRANTS AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM
DESIGNED AND EXECUTED BY THE DEPARTMENT OF STATE AND THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS, FOR THE PLANNING,
DESIGN, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOP-
MENT, EXPANSION, FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUS-
ING, ECONOMIC DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR
WHICH THE RECIPIENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY
FORWARD GRANT PROGRAM DESIGNED AND EXECUTED 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.
§ 2. 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, OR LOCAL AGENCY, RECEIVING LOANS OR
GRANTS AWARDED PURSUANT TO: (I) THE DOWNTOWN REVITALIZATION PROGRAM
DESIGNED AND EXECUTED BY THE DEPARTMENT OF STATE AND THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC
DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS, FOR THE PLANNING,
DESIGN, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOP-
MENT, EXPANSION, FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUS-
ING, ECONOMIC DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR
WHICH THE RECIPIENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY
FORWARD GRANT PROGRAM DESIGNED AND EXECUTED 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.
§ 3. This act shall take effect immediately.
PART BB
Section 1. Subdivision 29 of Section 1678 of the public authorities
law is amended by adding a new closing paragraph to read as follows:
THE AUTHORITY SHALL SUBMIT A REPORT, NO LATER THAN JUNE THIRTIETH, TWO
THOUSAND TWENTY-FOUR, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
REGARDING PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION. SUCH REPORT
SHALL INCLUDE A DESCRIPTION OF EACH PROCUREMENT MADE PURSUANT TO THIS
SUBDIVISION, INFORMATION REGARDING THE PROCUREMENT PROCESS FOR EACH SUCH
PROCUREMENT CONTRACT, INCLUDING THE LIST OF RESPONDING ENTITIES THAT
DEMONSTRATED THE CAPABILITY TO MEET THE SPECIFICATIONS AND TERMS OF THE
PROCUREMENT MADE PURSUANT TO THIS SUBDIVISION, THE TOTAL COST OF EACH
PROCUREMENT MADE PURSUANT TO THIS SUBDIVISION, INDICATION OF WHETHER THE
PARTY AWARDED A CONTRACT PURSUANT TO THIS SUBDIVISION SERVED AS A GENER-
S. 4008--B 57
AL CONTRACTOR OR SUBCONTRACTOR IN FULFILLING THE CONTRACT, AN EXPLANA-
TION OF THE MENTORING CONDUCTED WITH EACH PARTY WHO RESPONDED TO A
REQUEST FOR BIDS OR PROPOSALS PURSUANT TO THE MENTOR-PROTEGE PROGRAM OF
THIS SUBDIVISION, AND THE TOTAL DOLLAR VALUE OF MONIES PAID TO MINORITY-
AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO THIS SUBDIVISION ITEM-
IZED BY YEAR AND INCLUDING THE TOTAL DOLLAR VALUES FOR THE FIVE YEARS
PRECEDING THE ANNUAL REPORT'S RELEASE DATE. FOR ANNUAL REPORTS ANY NEW
PROCUREMENTS AND CHANGES DURING THE PERIOD COVERED BY THE REPORT SHALL
BE IDENTIFIED SEPARATELY.
§ 2. Section 2 of chapter 97 of the laws of 2019 amending the public
authorities law, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire July 1,
[2023] 2027 when upon such date the provisions of this act shall be
deemed repealed.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 29 of section 1678 of the public authori-
ties law made by section one of this act shall not affect the expiration
of such subdivision and shall be deemed repealed therewith.
PART CC
Intentionally Omitted
PART DD
Section 1. The economic development law is amended by adding a new
section 138-a to read as follows:
§ 138-A. SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECH-
NOLOGY TRANSFER MATCHING GRANT PROGRAM. 1. THE COMMISSIONER, IN CONSUL-
TATION WITH THE DIVISION FOR SMALL-BUSINESS, SHALL ESTABLISH A MATCHING
GRANT PROGRAM TO PROVIDE FUNDS TO SMALL BUSINESSES WHO HAVE BEEN AWARDED
PHASE ONE OR PHASE TWO GRANTS UNDER THE FEDERAL SMALL BUSINESS INNO-
VATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER
PROGRAM. SUCH GRANTS SHALL BE AWARDED BASED ON A COMPANY'S POTENTIAL FOR
COMMERCIALIZATION AND JOB GROWTH.
2. THE MATCHING GRANT PROGRAM ESTABLISHED PURSUANT TO THIS SECTION
SHALL BE STAGED OVER A PERIOD OF THREE YEARS. THE FUNDING AMOUNTS FOR
SUCH GRANT PROGRAM SHALL BE AS FOLLOWS:
(A) FOR SMALL BUSINESSES THAT HAVE BEEN AWARDED PHASE ONE FUNDING
UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE
SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, THE AMOUNT SHALL BE ONE
HUNDRED FIFTY THOUSAND DOLLARS IN YEAR ONE, THREE HUNDRED THOUSAND
DOLLARS IN YEAR TWO, AND SIX HUNDRED THOUSAND DOLLARS IN YEAR THREE.
(B) FOR SMALL BUSINESSES THAT HAVE BEEN AWARDED PHASE TWO FUNDING
UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE
SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, THE AMOUNT SHALL BE ONE
HUNDRED FIFTY THOUSAND DOLLARS IN YEAR ONE, THREE HUNDRED THOUSAND
DOLLARS IN YEAR TWO, AND SIX HUNDRED THOUSAND DOLLARS IN YEAR THREE.
3. (A) IN THE FIRST YEAR OF THE PROGRAM, TWENTY SMALL BUSINESSES SHALL
BE AWARDED GRANTS OF ONE HUNDRED FIFTY THOUSAND DOLLARS.
(B) IN THE SECOND YEAR OF THE PROGRAM, TEN SMALL BUSINESSES SHALL BE
CHOSEN FROM THE COMPANIES THAT WERE AWARDED A GRANT IN THE FIRST YEAR,
TO RECEIVE GRANTS IN THE AMOUNT OF THREE HUNDRED THOUSAND DOLLARS.
(C) IN THE THIRD YEAR OF THE PROGRAM, FIVE SMALL BUSINESSES SHALL BE
CHOSEN FROM THE COMPANIES THAT WERE AWARDED A GRANT IN THE SECOND YEAR,
S. 4008--B 58
TO RECEIVE GRANTS OR EQUITY, DEPENDING ON THE SITUATION, IN THE AMOUNT
OF SIX HUNDRED THOUSAND DOLLARS.
4. SUCH FUNDS AWARDED PURSUANT TO THIS SECTION SHALL BE USED TO EXPE-
DITE COMMERCIALIZATION AND GENERALLY USED TO COVER EXPENSES NOT ALLOWED
UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE
SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, INCLUDING BUT NOT LIMITED TO
PATENTS AND MARKETING STUDIES IN SALES EFFORTS.
5. SUCH FUNDS SHALL BE AWARDED ON CONDITION THAT THE SMALL BUSINESS
RECIPIENT REMAINS HEADQUARTERED IN THE STATE FOR AT LEAST FIVE YEARS
FOLLOWING THE SUCCESSFUL COMMERCIALIZATION OF THE BUSINESS'S PRODUCT OR
PRODUCTS. ANY SMALL BUSINESS THAT HAS RECEIVED FUNDING UNDER THIS
PROGRAM THAT IS NOT HEADQUARTERED IN THE STATE FOR AT LEAST FIVE YEARS
FOLLOWING THE SUCCESSFUL COMMERCIALIZATION OF THE BUSINESS'S PRODUCT OR
PRODUCTS SHALL RETURN ALL GRANT AWARDS TO THE STATE. IF THE SMALL BUSI-
NESS CEASES OPERATIONS BEFORE FIVE YEARS AFTER THE COMMERCIALIZATION OF
ITS PRODUCT OR PRODUCTS, SUCH BUSINESS SHALL BE ELIGIBLE FOR A WAIVER OF
THIS CLAWBACK PROVISION, AS DETERMINED BY THE COMMISSIONER, IN CONSULTA-
TION WITH THE DIVISION OF SMALL BUSINESS.
6. THE COMMISSIONER, IN CONSULTATION WITH THE DIVISION FOR SMALL BUSI-
NESS, SHALL ESTABLISH THE FORM AND MANNER IN WHICH APPLICATIONS FOR
GRANT AWARDS SHALL BE SUBMITTED AND SHALL ESTABLISH GUIDELINES FOR THE
GRANT PROGRAM. THE DEPARTMENT SHALL REVIEW EACH APPLICATION FOR COMPLI-
ANCE WITH THE ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN
THE PROGRAM GUIDELINES ESTABLISHED BY THE COMMISSIONER. THE DEPARTMENT
MAY APPROVE OR REJECT EACH APPLICATION OR MAY RETURN AN APPLICATION FOR
MODIFICATIONS, IF NECESSARY.
§ 2. 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 and completed on or before such
effective date.
PART EE
Intentionally Omitted
PART FF
Intentionally Omitted
PART GG
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part Y of chapter 58 of the laws of 2022, 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, [2023] 2024, 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
S. 4008--B 59
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately.
PART HH
Section 1. The opening paragraph of paragraph (a) and paragraph (b)
of subdivision 2-a of section 314 of the executive law, as amended by
chapter 96 of the laws of 2019, are amended to read as follows:
The director shall establish a procedure [enabling] REQUIRING the
office to accept New York municipal corporation certification verifica-
tion for minority and women-owned business enterprise applicants in lieu
of requiring the applicant to complete the state certification process.
[The] IN ORDER TO IMPLEMENT SUCH PROCEDURE, THE OFFICE AND ALL NEW YORK
MUNICIPAL CORPORATIONS THAT HAVE A MUNICIPAL MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISE PROGRAM SHALL ENTER INTO A MEMORANDUM OF UNDERSTAND-
ING REGARDING SUCH ACCEPTANCE OF CERTIFICATION VERIFICATION AND THE
director shall promulgate rules and regulations to set forth criteria
for the acceptance of municipal corporation certification. [All eligible
municipal corporation certifications shall require business enterprises
seeking certification to meet the following standards:] NOTWITHSTANDING
THE FOREGOING, AN APPLICANT CERTIFIED PURSUANT TO THIS SECTION MUST MEET
THE DEFINITION OF A MINORITY-OWNED BUSINESS ENTERPRISE OR WOMEN-OWNED
BUSINESS ENTERPRISE SET FORTH IN SECTION THREE HUNDRED TEN OF THIS ARTI-
CLE.
(b) [The director shall work with all] ALL NEW YORK municipal corpo-
rations that have a municipal minority and women-owned business enter-
prise program [to] SHALL develop [standards] RULES AND REGULATIONS IN
ORDER to accept state certification [to meet the municipal corporation
minority and women-owned business enterprise certification standards].
§ 2. Clauses (i), (ii), (iii), (iv), (v), (vi) and (vii) of paragraph
(a) of subdivision 2-a of section 314 of the executive law are REPEALED.
§ 3. Subdivision 6 of section 163 of the state finance law, as sepa-
rately amended by section 28 of part PP of chapter 56 and chapter 572 of
the laws of 2022, is amended to read as follows:
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities for the office of general services or its customer agen-
cies serviced by the office of general services business services center
in an amount not exceeding eighty-five thousand dollars without a formal
competitive process; state agencies may purchase services and commod-
ities in an amount not exceeding fifty thousand dollars without a formal
competitive process; and state agencies may purchase commodities or
services from small business concerns or those certified pursuant to
article fifteen-A of the executive law and article three of the veter-
ans' services law, or commodities or technology that are recycled or
remanufactured in an amount not exceeding [five] SEVEN hundred FIFTY
thousand dollars without a formal competitive process and for commod-
ities that are food, including milk and milk products, or animal or
plant fiber products, grown, produced, harvested, or processed in New
York state or textile products manufactured from animal or plant fiber
grown or produced predominantly in New York state in an amount not to
exceed two hundred thousand dollars, without a formal competitive proc-
ess.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
S. 4008--B 60
§ 6. Paragraph 1 of subdivision i of section 311 of the New York city
charter, as amended by chapter 569 of the laws of 2022, is amended to
read as follows:
1. agencies may make procurements of goods, services and construction
for amounts not exceeding one million FIVE HUNDRED THOUSAND dollars from
businesses certified as minority or women-owned business enterprises
pursuant to section thirteen hundred four of the charter without a
formal competitive process.
§ 7. Paragraph (b) of subdivision 1 of section 212 of the banking law,
as amended by chapter 1 of the laws of 1994, is amended to read as
follows:
(b) The corporation shall undertake the following programs in further-
ance of the above objectives: (i) establish regional offices at
locations throughout New York, with sufficient staffing to advise,
develop and package financial assistance for small and medium sized
businesses; (ii) develop a comprehensive outreach program to increase
the visibility and awareness of the corporation's programs, including
allocating budget and staff to establish and maintain an aggressive and
extensive marketing program of the corporation's program of assistance
to small and medium sized businesses, providing for specific outreach to
minority and women owned enterprises, and entering into cooperative
relationships with local chambers of commerce, local development agen-
cies, local development corporations and other community based financial
intermediaries as set forth in subdivision three of this section; (iii)
establish and operate, or affiliate with a small business investment
company and a specialized small business investment company; [and] (iv)
establish a pilot export financing program, using personnel from the
private sector, to evaluate whether the corporation can play a signif-
icant role in the growth of the export industry in the state; AND (V)
ESTABLISH A PROGRAM IN COOPERATION WITH THE EMPIRE STATE DEVELOPMENT
CORPORATION THAT SHALL FOCUS ON SMALL BUSINESSES LOCATED IN HIGHLY
DISTRESSED AREAS AND MINORITY BUSINESS ENTERPRISES AS SUCH DESIGNATIONS
ARE DEFINED BY THE REGULATIONS OF THE NEW YORK STATE URBAN DEVELOPMENT
CORPORATION ACT, THROUGH WHICH THE CORPORATION SHALL BE AUTHORIZED TO:
(A) ACT AS THIRD-PARTY AGENT FOR THE CAPITAL ACCESS PROGRAM ESTABLISHED
BY SECTION SIXTEEN-K OF SECTION ONE OF CHAPTER ONE HUNDRED SEVENTY-FOUR
OF THE LAWS OF NINETEEN HUNDRED SIXTY-EIGHT, CONSTITUTING THE URBAN
DEVELOPMENT CORPORATION ACT; (B) PROCESS, FUND AND APPROVE QUALIFYING
PROGRAM LOANS MADE BY THE CORPORATION OR A PARTICIPATING FINANCIAL
INSTITUTION PURSUANT TO SECTION SIXTEEN-K OF SECTION ONE OF CHAPTER ONE
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED SIXTY-EIGHT,
CONSTITUTING THE URBAN DEVELOPMENT CORPORATION ACT; (C) MAINTAIN AND
SERVICE A PORTFOLIO OF QUALIFYING LOANS MADE PURSUANT TO THE CAPITAL
ACCESS PROGRAM; AND (D) ENGAGE IN OUTREACH AND MARKETING TO FINANCIAL
INSTITUTIONS TO INCREASE AWARENESS OF THE PROGRAM ESTABLISHED UNDER THIS
SUBPARAGRAPH. The corporation shall undertake the programs enumerated
herein at such times as its board of directors determines that the
corporation's capital base and available funds are adequate to support
the operation of such program. The programs enumerated herein may be
modified by the corporation as may be necessary to meet the changing
needs of the state's economy, as determined by the board of directors.
§ 8. Paragraph (b) of subdivision 3 of section 16-k of section 1 of
chapter 174 of the laws of 1968, constituting the New York state urban
development corporation act, as amended by chapter 103 of the laws of
2011, is amended to read as follows:
S. 4008--B 61
(b) Any contract entered into pursuant to subparagraph (i) of para-
graph (a) of this subdivision shall:
(i) be for a period of two years and shall be renewed for an addi-
tional two year period subject to requirements of subparagraph (ii) of
paragraph (a) of this subdivision; [and]
(ii) provide for compensation for expenses incurred by the third party
agent in connection with its services as agent and for such other
services as the corporation may deem appropriate including, but not
limited to the use of the premises, personnel and personal property of
the third party agent;
(III) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, USE
THE UNDERWRITING STANDARDS PROVIDED FOR IN SUBDIVISION FOUR OF THIS
SECTION TO EVALUATE APPLICATIONS FOR LOANS PURSUANT TO THE PROGRAM FILED
BY A MINORITY BUSINESS ENTERPRISE, OR A SMALL BUSINESS WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN A HIGHLY DISTRESSED AREA;
(IV) PROVIDE FOR THE DEVELOPMENT OF AN INTEGRATED WEB PORTAL FOR THE
THIRD-PARTY AGENT WHICH ENABLES ACCESS BY MINORITY BUSINESS ENTERPRISES
AND SMALL BUSINESSES IN HIGHLY DISTRESSED AREAS TO OBTAIN INFORMATION ON
THE CAPITAL ACCESS LOAN PROGRAM INCLUDING THE ABILITY TO MAKE APPLICA-
TION AND TO RECEIVE APPROVAL FOR SUCH LOAN ONLINE; AND
(V) PROVIDE FUNDING FOR MARKETING TO THE THIRD-PARTY AGENT TO BE
DIRECTED TO POTENTIAL LOAN RECIPIENTS AND TO FINANCIAL INSTITUTIONS TO
INCREASE AWARENESS PARTICIPATION AND REFERRALS TO THE CAPITAL ACCESS
LOAN PROGRAM.
§ 9. Section 16-k of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, is
amended by adding two new subdivisions 4 and 5 to read as follows:
4. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
DEPARTMENT OF FINANCIAL SERVICES, THE EMPIRE STATE DEVELOPMENT CORPO-
RATION AND THE NEW YORK BUSINESS DEVELOPMENT CORPORATION SHALL JOINTLY
ESTABLISH UNDERWRITING STANDARDS TO ASSIST MINORITY BUSINESS ENTERPRISES
AND SMALL BUSINESSES IN HIGHLY DISTRESSED AREAS. IN ADDITION TO OTHER
FACTORS, SUCH STANDARDS SHOULD INCORPORATE VERIFIABLE ALTERNATIVE INDI-
CATIONS OF CREDITWORTHINESS PRESENTED OR MADE AVAILABLE BY THE APPLI-
CANT.
5. PURSUANT TO SUBPARAGRAPH (V) OF PARAGRAPH (B) OF SUBDIVISION 1 OF
SECTION 212 OF THE BANKING LAW, THE NEW YORK BUSINESS DEVELOPMENT CORPO-
RATION AND THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL ENTER INTO AN
AGREEMENT PURSUANT TO WHICH THE NEW YORK BUSINESS DEVELOPMENT CORPO-
RATION SHALL AUTHORIZE, MAINTAIN AND ADMINISTER THE PROGRAM ESTABLISHED
IN SUCH SUBPARAGRAPH.
§ 10. This act shall take effect immediately; provided however that
sections one and two of this act shall take effect on the three hundred
sixty-fifth day after it shall have become a law; provided, further,
that if section 28 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then section three of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2022 takes effect; provided, further, that the
amendments to subdivision 2-a of section 314 of the executive law made
by sections one and two of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further, that
the amendments to section 163 of the state finance law made by section
three of this act shall not affect the repeal of such section and shall
be deemed repealed therewith; and provided, further, that sections
seven, eight, and nine of this act shall take effect on the one hundred
twentieth day after it shall have become a law.
S. 4008--B 62
PART II
Intentionally Omitted
PART JJ
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part Z of chapter 58 of the
laws of 2022, 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, [2023] 2024.
§ 2. This act shall take effect immediately.
PART KK
Intentionally Omitted
PART LL
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012
amending the public authorities law, relating to authorizing the dormi-
tory authority to enter into certain design and construction management
agreements, as amended by section 1 of part II of chapter 58 of the laws
of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2023] 2025.
§ 2. The dormitory authority of the state of New York shall provide a
report providing information regarding any project undertaken pursuant
to a design and construction management agreement, as authorized by part
BB of chapter 58 of the laws of 2012, between the dormitory authority of
the state of New York and the department of environmental conservation
and/or the office of parks, recreation and historic preservation to the
governor, the temporary president of the senate and speaker of the
assembly. Such report shall include but not be limited to a description
of each such project, the project identification number of each such
project, if applicable, the projected date of completion, the status of
the project, the total cost or projected cost of each such project, and
the location, including the names of any county, town, village or city,
where each such project is located or proposed. In addition, such a
report shall be provided to the aforementioned parties by the first day
of March of each year that the authority to enter into such agreements
pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART MM
Section 1. Subdivision 4-a of section 2222 of the vehicle and traffic
law, as amended by chapter 609 of the laws of 2005, is amended to read
as follows:
4-a. Additional fee. In addition to the other fees provided for in
paragraphs (a), (b) and (c) of subdivision four of this section the
S. 4008--B 63
commissioner shall, upon application in such cases for the registration
of a snowmobile or the renewal thereof, collect the annual [ninety] ONE
HUNDRED TWENTY-FIVE dollar fee for residents and [ninety] ONE HUNDRED
TWENTY-FIVE dollar fee for nonresidents [and] OR a [thirty-five] FIFTY-
FIVE dollar fee for residents and [thirty-five] FIFTY-FIVE dollar fee
for nonresidents who provide proof, at the time of registration, that
such individual is a member of an organized New York state snowmobile
club that is a member of the New York state snowmobile association or is
a member of an organized New York state snowmobile club that is a trail
maintenance entity and a member of the New York state snowmobile associ-
ation which are imposed by section 21.07 of the parks, recreation and
historic preservation law. In the event that an individual seeking snow-
mobile club membership is unable, for any reason, to secure such club
membership, he or she may contact the New York state snowmobile associ-
ation, who shall secure such membership for such person. This fee shall
also be collected from dealers at the time of original registration and
at the time of each renewal. The commissioner shall effectuate regu-
lations regarding what is required as proof of membership in an organ-
ized New York state snowmobile club that is a trail maintenance entity
and a member of the New York state snowmobile association for the
purposes of this subdivision.
§ 2. Section 21.07 of the parks, recreation and historic preservation
law, as amended by chapter 609 of the laws of 2005, is amended to read
as follows:
§ 21.07 Fee for snowmobile trail development and maintenance. 1. A fee
of [ninety] ONE HUNDRED TWENTY-FIVE dollars is hereby imposed upon the
resident, and [ninety] ONE HUNDRED TWENTY-FIVE dollars upon the nonresi-
dent, owner of a snowmobile for the snowmobile trail development and
maintenance fund to be paid to the commissioner of motor vehicles upon
the registration thereof in addition to the registration fee required by
the vehicle and traffic law, the payment of which fee hereby imposed
shall be a condition precedent to such individual resident, individual
nonresident or dealer registration.
2. Notwithstanding the fee as established in subdivision one of this
section, an individual resident or nonresident registering a snowmobile
who provides proof at the time of registration, that such individual is
a member of an organized New York state snowmobile club that is a member
of the New York state snowmobile association or is a member of an organ-
ized New York state snowmobile club that is a trail maintenance entity
and a member of the New York state snowmobile association, shall pay
[thirty-five] FIFTY-FIVE dollars for each snowmobile for the snowmobile
trail development and maintenance fund in addition to the registration
required by the vehicle and traffic law. In the event that an individual
seeking snowmobile club membership is unable, for any reason, to secure
such club membership, he or she may contact the New York state snowmo-
bile association, who shall secure such membership for such person.
§ 3. Intentionally omitted.
§ 4. This act shall take effect one year after it shall have become a
law.
PART NN
Intentionally Omitted
PART OO
S. 4008--B 64
Section 1. Subdivision 9 of section 103 of the general municipal law,
as amended by chapter 90 of the laws of 2017, subparagraph (ii) of para-
graph (a) as amended by section 1 of part JJ of chapter 58 of the laws
of 2020, is amended to read as follows:
9. (A) Notwithstanding the foregoing provisions of this section to the
contrary, a board of education, on behalf of its school district, or a
board of cooperative educational services, may separately purchase eggs,
livestock, fish, dairy products (excluding milk), juice, grains, and
species of fresh fruit and vegetables directly from New York State
producers or growers, or associations of producers and growers[,
provided that:
(a) (i) such association of producers or growers is comprised of ten
or fewer owners of farms who also operate such farms and who have
combined to fill the order of a school district or board of cooperative
educational services as herein authorized, provided however, that a
school district or board of cooperative educational services may apply
to the commissioner of education for permission to purchase from an
association of more than ten owners of such farms when no other produc-
ers or growers have offered to sell to such school or board of cooper-
ative educational services; or
(ii) such association of producers or growers is comprised of owners
of farms who also operate such farms and have combined to fill the order
of a school district or board of cooperative educational services, and
where such order is for one hundred thousand dollars or less as herein
authorized, provided however, that a school district or board of cooper-
ative educational services may apply to the commissioner of education
for permission to purchase orders of more than one hundred thousand
dollars from an association of owners of such farms when no other
producers or growers have offered to sell to such school;
(b) the amount that may be expended by a school district in any fiscal
year for such purchases shall not exceed an amount equal to twenty cents
multiplied by the total number of days in the school year multiplied by
the total enrollment of such school district;
(b-1) the amount that may be expended by a board of cooperative educa-
tional services in any fiscal year for such purchases shall not exceed
an amount equal to twenty cents multiplied by the total number of days
in the school year multiplied by the number of students receiving
services by such board of cooperative educational services at facilities
operated by a board of cooperative educational services;
(c) all].
(B) ALL such purchases shall be administered pursuant to regulations
promulgated by the commissioner of education. Such regulations shall: be
developed in consultation with the commissioner of agriculture and
markets to accommodate and promote the provisions of the farm-to-school
program established pursuant to subdivision five-b of section sixteen of
the agriculture and markets law and subdivision thirty-one of section
three hundred five of the education law as added by chapter two of the
laws of two thousand two; ensure that the prices paid by a district or
board of cooperative educational services for any items so purchased do
not exceed the prices of comparable local farm products that are avail-
able to districts through their usual purchases of such items; ensure
that all producers and growers who desire to sell to school districts or
boards of cooperative educational services can readily access informa-
tion in accordance with the farm-to-school law; include provisions for
situations when more than one producer or grower seeks to sell the same
product to a district or board of cooperative educational services to
S. 4008--B 65
ensure that all such producers or growers have an equitable opportunity
to do so in a manner similar to the usual purchasing practices of such
districts or boards of cooperative educational services; [develop guide-
lines for approval of purchases of items from associations of more than
ten growers and producers;] and, to the maximum extent practicable,
minimize additional paperwork, recordkeeping and other similar require-
ments on both growers and producers and school districts.
§ 2. Subdivision 10 of section 103 of the general municipal law, as
added by chapter 848 of the laws of 1983, is amended to read as follows:
10. Notwithstanding the foregoing provisions of this section to the
contrary, a board of education may, on behalf of its school district,
separately purchase milk PRODUCED IN NEW YORK STATE, directly from
licensed milk processors [employing less than forty people] pursuant to
the provisions of this subdivision. [The amount that may be expended by
a school district in any fiscal year pursuant to this section shall not
exceed an amount equal to twenty-five cents multiplied by the total
number of days in the school year multiplied by the total enrollment of
such school district.] All purchases made pursuant to this subdivision
shall be administered pursuant to regulations promulgated by the commis-
sioner of education. The regulations promulgated by the commissioner of
education shall ensure that the prices paid by a school district for
items purchased pursuant to this subdivision do not exceed the market
value of such items and that all licensed processors who desire to sell
to a school district pursuant to this subdivision have equal opportu-
nities to do so.
§ 3. Section 103 of the general municipal law is amended by adding a
new subdivision 10-a to read as follows:
10-A. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION OR ANY
OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY OFFICER, BOARD OR AGENCY
OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN, BOARD OF EDUCA-
TION, ON BEHALF OF A SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES MAY PURCHASE FOOD, INCLUDING MILK AND MILK PRODUCTS AND
FOOD PRODUCTS, GROWN, PRODUCED, OR HARVESTED, IN NEW YORK STATE IN AN
AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS WITHOUT A FORMAL
COMPETITIVE PROCESS.
§ 4. Section 103 of the general municipal law is amended by adding a
new subdivision 10-b to read as follows:
10-B. EACH BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR ANY DISTRICT
THEREIN, BOARD OF EDUCATION, ON BEHALF OF A SCHOOL DISTRICT, OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL REPORT TO THE OFFICE OF GENERAL
SERVICES AND DEPARTMENT OF AGRICULTURE AND MARKETS ON AN ANNUAL BASIS
THE TOTAL DOLLAR VALUE PROCURED OF FOOD, INCLUDING MILK AND MILK
PRODUCTS AND FOOD PRODUCTS, GROWN, PRODUCED, OR HARVESTED IN NEW YORK
PURSUANT TO SUBDIVISION 9, 10, AND/OR 10-A OF THIS SECTION, NO LATER
THAN MARCH THIRTY-FIRST FOR THE PREVIOUS CALENDAR YEAR.
§ 5. The state finance law is amended by adding a new section 163-d to
read as follows:
§ 163-D. PROCUREMENT GOALS FOR NEW YORK STATE FOOD PRODUCTS. 1. FOR
THE PURPOSES OF THIS SECTION, THE TERM "NEW YORK STATE FOOD PRODUCT"
SHALL MEAN A FOOD ITEM THAT IS:
(A) GROWN, HARVESTED, OR PRODUCED IN THIS STATE; OR
(B) PROCESSED INSIDE OR OUTSIDE THIS STATE COMPRISING OVER FIFTY-ONE
PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN
THIS STATE, BY WEIGHT OR VOLUME.
2. (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND FOOD
ECONOMIES THROUGHOUT NEW YORK, ALL STATE AGENCIES ANNUALLY SPENDING AN
S. 4008--B 66
AMOUNT EXCEEDING FIFTY THOUSAND DOLLARS ON FOOD OR FOOD PRODUCTS SHALL
SET PERCENTAGE GOALS FOR NEW YORK STATE FOOD PRODUCTS PURCHASED YEARLY
AND IF A STATE AGENCY SPENDS AN AMOUNT GREATER THAN OR EQUAL TO TWO
MILLION DOLLARS ANNUALLY ON FOOD OR FOOD PRODUCTS THEN: IN THE FIRST
YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AT LEAST FIFTEEN PERCENT
OF ALL FOOD AND FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE
NEW YORK STATE FOOD PRODUCTS; IN THE SECOND YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION, AT LEAST TWENTY PERCENT OF ALL FOOD AND FOOD
PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE FOOD
PRODUCTS; AND IN THE THIRD YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION
AND THEREAFTER, AT LEAST THIRTY PERCENT OF ALL FOOD AND FOOD PRODUCTS
PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS.
(B) TO MEET THE GOAL SET FORTH IN THIS SUBDIVISION, WHEN A STATE AGEN-
CY'S CONTRACT FOR THE PURCHASE OF FOOD OR FOOD PRODUCTS IS TO BE AWARDED
TO THE LOWEST RESPONSIBLE BIDDER, AN OTHERWISE QUALIFIED BIDDER WHO WILL
FULFILL THE CONTRACT THROUGH THE USE OF NEW YORK STATE FOOD PRODUCTS MAY
BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED
IN THE BID OF NEW YORK STATE FOOD PRODUCTS IS NOT MORE THAN TEN PERCENT
GREATER THAN THE COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE
FOOD PRODUCTS.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
CONTRACTING STATE AGENCY PURCHASING FOOD OR FOOD PRODUCTS, IN HIS OR HER
SOLE DISCRETION, DETERMINES THAT:
(A) PURCHASING NEW YORK STATE FOOD OR FOOD PRODUCTS WOULD BE AGAINST
THE PUBLIC INTEREST;
(B) PURCHASING NEW YORK STATE FOOD OR FOOD PRODUCTS WOULD INCREASE THE
COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT;
(C) NEW YORK STATE FOOD PRODUCTS CANNOT BE OBTAINED IN SUFFICIENT AND
REASONABLE AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY TO MEET THE
CONTRACTING STATE AGENCY'S REQUIREMENTS; OR
(D) PURCHASING FOOD OR FOOD PRODUCTS GROWN, HARVESTED, OR PRODUCED
OUTSIDE OF THIS STATE, OR FOOD PROCESSED IN FACILITIES INSIDE OR OUTSIDE
OF THIS STATE COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL RAW
MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR
VOLUME, IS NECESSARY TO AVOID A DELAY IN THE DELIVERY OF FOOD OR FOOD
PRODUCTS.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH OR
OTHERWISE LIMIT THE GOALS AND REQUIREMENTS SET FORTH BY SECTION ONE
HUNDRED SIXTY-TWO OF THIS ARTICLE AND/OR ARTICLES FIFTEEN-A AND SEVEN-
TEEN-B OF THE EXECUTIVE LAW. ANY CONTRACTS MEETING THE GOALS AND
REQUIREMENTS SET FORTH BY THIS SECTION, IN ADDITION TO REQUIREMENTS SET
FORTH BY SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE AND/OR ARTICLES
FIFTEEN-A AND SEVENTEEN-B OF THE EXECUTIVE LAW, SHALL BE COUNTED TOWARD
ALL APPLICABLE GOALS AND REQUIREMENTS IT MAY SATISFY.
5. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS SHALL PERIODICALLY, BUT NO LATER THAN EVERY THREE
YEARS, REVIEW THE NEW YORK STATE FOOD AND FOOD PRODUCT GOALS AND
REQUIREMENTS SET FORTH BY SUBDIVISION TWO OF THIS SECTION, AND SHALL
ISSUE A JOINT RECOMMENDATION SUGGESTING ANY CHANGES IN SUCH GOALS AND
REQUIREMENTS DEEMED NECESSARY. SUCH RECOMMENDATION SHALL BE SUBMITTED TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY.
§ 6. Paragraph g of subdivision 4 of section 165 of the state finance
law, as amended by chapter 533 of the laws of 2013, is amended to read
as follows:
S. 4008--B 67
g. No later than December first of each year the commissioner shall
annually report to the governor and legislature on the implementation of
this subdivision. Such report shall include, at minimum:
(i) a description of the office's efforts to improve and increase the
tracking of information relating to New York state food procured by
agencies; [and]
(ii) the information collected pursuant to paragraph f of this subdi-
vision, compiled to provide the following, disaggregated by food product
and processed food:
(a) the total dollar value of New York state food products procured by
agencies;
(b) the total dollar value of food products from outside of New York
state procured by agencies during their listed New York state availabil-
ity periods; and
(c) the total dollar value of all other food products from outside of
New York state and processed food from facilities outside of New York
state; AND
(III) AN ANNUAL SUMMARY DETAILING EACH STATE AGENCY CONTRACT MADE
WHICH SATISFIES THE NEW YORK STATE FOOD PRODUCT PROCUREMENT GOALS AND
REQUIREMENTS AS SET FORTH BY SECTION ONE HUNDRED SIXTY-THREE-D OF THIS
ARTICLE, DISAGGREGATED BY CONTRACTING AGENCY, TO INCLUDE THE FOLLOWING
INFORMATION:
(A) THE TOTAL DOLLAR VALUE OF ALL FOOD OR FOOD PRODUCTS PURCHASED IN
EACH CONTRACT;
(B) THE TOTAL DOLLAR VALUE OF NEW YORK STATE FOOD OR FOOD PRODUCTS
PURCHASED IN EACH CONTRACT;
(C) THE TOTAL DOLLAR VALUE OF FOOD OR FOOD PRODUCTS FROM OUTSIDE OF
NEW YORK STATE AND FOOD PROCESSED FROM FACILITIES INSIDE OR OUTSIDE OF
NEW YORK STATE COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL
RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR
VOLUME PURCHASED IN EACH CONTRACT;
(D) THE AGENCY'S ANNUAL AGGREGATE PERCENTAGE OF FOOD OR FOOD PRODUCTS
PURCHASED; AND
(E) AN ENUMERATION OF EACH AND EVERY CONTRACT ENTERED INTO IN WHICH
THE HEAD OF THE CONTRACTING STATE AGENCY APPLIED ONE OF THE EXCEPTIONS
PURSUANT TO SUBDIVISION THREE OF SECTION ONE HUNDRED AND SIXTY-THREE-A
OF THIS ARTICLE IN THE AWARDING OF A BID; AND THE TOTAL DOLLAR AMOUNT OF
FOOD OR FOOD PRODUCTS FROM OUTSIDE OF NEW YORK STATE AND FOOD PROCESSED
FROM FACILITIES INSIDE OR OUTSIDE OF NEW YORK STATE COMPRISING LESS THAN
FIFTY-ONE PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR
PRODUCED IN THIS STATE, PURCHASED IN SUCH CONTRACTS.
§ 7. This act shall take effect immediately; provided however that
section five of this act shall take effect six months after this act
shall have become law and section six of this act shall take effect two
years after this act shall have become law.
PART PP
Section 1. Short title. This act shall be known and may be cited as
the "packaging reduction and recycling infrastructure act".
§ 2. Article 27 of the environmental conservation law is amended by
adding a new title 34 to read as follows:
TITLE 34
PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT
SECTION 27-3401. DEFINITIONS.
S. 4008--B 68
27-3403. RESPONSIBILITIES OF THE PACKAGING REDUCTION AND RECYCL-
ING ORGANIZATION.
27-3405. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
27-3407. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
27-3409. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
27-3411. FUNDING MECHANISM.
27-3413. COLLECTION AND CONVENIENCE.
27-3415. PRODUCER RESPONSIBILITIES.
27-3417. DEPARTMENT RESPONSIBILITIES.
27-3419. STATEWIDE PACKAGING REDUCTION, REUSE, AND RECYCLING
NEEDS ASSESSMENT.
27-3421. EDUCATION AND OUTREACH PROGRAM.
27-3423. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND.
27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
27-3427. PACKAGING REDUCTION STANDARDS.
27-3429. RECYCLED CONTENT STANDARDS.
27-3431. RECYCLABILITY CRITERIA.
27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR
GENERAL.
27-3435. PENALTIES AND ENFORCEMENT.
27-3437. RULES AND REGULATIONS.
27-3439. STATE PREEMPTION.
27-3441. OTHER ASSISTANCE PROGRAMS.
27-3443. SEVERABILITY.
§ 27-3401. DEFINITIONS.
AS USED IN THIS TITLE:
1. "ADVISORY COUNCIL" OR "COUNCIL" MEANS THE PACKAGING REDUCTION AND
RECYCLING ADVISORY COUNCIL ESTABLISHED UNDER SECTION 27-3409 OF THIS
TITLE.
2. "BEVERAGE CONTAINER" MEANS A CONTAINER USED TO CONTAIN ALL DRINKS
IN LIQUID FORM AND INTENDED FOR HUMAN CONSUMPTION.
3. "BRAND" MEANS ANY MARK, WORD, NAME, SYMBOL, DESIGN, DEVICE, OR
GRAPHICAL ELEMENT OR A COMBINATION THEREOF, INCLUDING A REGISTERED OR
UNREGISTERED TRADEMARK, THAT IDENTIFIES AND DISTINGUISHES A PRODUCT FROM
OTHER PRODUCTS.
4. "CURBSIDE RECYCLING" MEANS A RECYCLING PROGRAM THAT SERVES RESIDEN-
TIAL UNITS, OR SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WHERE
SUCH SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WERE ELIGIBLE TO
BE SERVED UNDER A CONTRACT WITH A MUNICIPALITY BY A MUNICIPALITY OR A
PRIVATE SECTOR HAULER AS OF THE EFFECTIVE DATE OF THIS TITLE, AND SUCH
RECYCLING PROGRAM IS OPERATED BY A MUNICIPALITY OR PURSUANT TO A
CONTRACT WITH THE MUNICIPALITY, PRIVATE SECTOR HAULER, OR OTHER PUBLIC
AGENCY OR THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS.
5. "DISCARDED", "DISCARDS", "GENERATED" OR "GENERATION" MEANS PACKAG-
ING MATERIAL THAT HAS BEEN USED FOR ITS INTENDED PURPOSE AND IS NO LONG-
ER NEEDED BY CONSUMERS, BUSINESSES, INSTITUTIONS, AND OTHER USERS, AND
CAN BE MANAGED THROUGH REUSE, RECYCLING, OR DISPOSAL.
6. "DISPOSAL" MEANS THE LANDFILLING OR INCINERATION OF MATERIAL OR
PRODUCTS. "DISPOSAL" SHALL ALSO INCLUDE ENERGY RECOVERY OR ENERGY
GENERATION BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, COMBUSTION,
PYROLYSIS, GASIFICATION, OR SOLVOLYSIS. "DISPOSAL" SHALL ALSO INCLUDE
THE USE OF MATERIALS AS LANDFILL COVER.
7. "ECO-MODULATION" MEANS PROGRAM FEES THAT ARE STRUCTURED IN A WAY TO
PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES TO REDUCE WASTE AT THE
SOURCE, INCREASE RECYCLABILITY OF COVERED MATERIALS, PROMOTE REUSABLE
PACKAGING PRODUCTS, INCLUDING THOSE THAT ARE CONTAINED WITHIN A REUSE
S. 4008--B 69
AND REFILL SYSTEM AND THAT DISINCENTIVIZE DESIGNS OR PRACTICES THAT
INCREASE COSTS AND ENVIRONMENTAL IMPACTS OF MANAGING THE PACKAGING MATE-
RIALS.
8. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS ANY NEIGHBORHOOD OR COMMU-
NITY WHICH IS COMPOSED PREDOMINANTLY OF PERSONS OF COLOR OR PERSONS
BELOW THE POVERTY LINE, THAT IS SUBJECT TO A DISPROPORTIONATE BURDEN OF
ENVIRONMENTAL HAZARDS.
9. "LOCAL GOVERNMENT" MEANS ANY MUNICIPAL CORPORATION, GOVERNMENTAL
SUBDIVISION OF THE STATE, LOCAL GOVERNMENT UNIT, SPECIAL DISTRICT,
SCHOOL, LOCAL OR REGIONAL BOARD, COMMISSION, OR AUTHORITY AUTHORIZED BY
LAW TO PLAN OR PROVIDE FOR WASTE MANAGEMENT SERVICES FOR A SPECIFIC
GEOGRAPHICAL AREA.
10. (A) "COVERED PACKAGING MATERIAL AND PRODUCTS" OR "COVERED MATERI-
ALS" MEANS THE FOLLOWING:
(I) A DISCRETE MATERIAL OR CATEGORY OF MATERIAL, REGARDLESS OF RECYCL-
ABILITY, INCLUDING BUT NOT LIMITED TO SUCH MATERIAL TYPES THAT ARE FLEX-
IBLE, FOAM, OR RIGID MATERIAL, INCLUDING PAPER, PLASTIC, GLASS, METAL,
OR MULTI-MATERIAL, THAT IS USED FOR THE PRIMARY, SECONDARY, TERTIARY
CONTAINMENT, PROTECTION, HANDLING, DELIVERY, TRANSPORT, DISTRIBUTION, OR
PRESENTATION OF ANOTHER PRODUCT THAT IS SOLD, OFFERED FOR SALE,
IMPORTED, OR DISTRIBUTED IN THE STATE, INCLUDING THROUGH AN INTERNET
TRANSACTION.
(II) PRINTED PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO:
(1) FLYERS; (2) BROCHURES; (3) BOOKLETS; (4) CATALOGS; (5) TELEPHONE
DIRECTORIES; (6) PAPER FIBER; AND (7) PAPER USED FOR WRITING OR ANY
OTHER PURPOSE;
(III) SINGLE-USE PLASTIC PRODUCTS THAT FREQUENT THE RESIDENTIAL WASTE
STREAM OR ARE PLASTIC PRODUCTS THAT HAVE THE EFFECT OF DISRUPTING RECY-
CLING PROCESSES, INCLUDING, BUT NOT LIMITED TO, SINGLE-USE PLASTIC ITEMS
SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND PLASTIC BAGS.
(B) COVERED MATERIALS DOES NOT INCLUDE:
(I) MEDICAL DEVICES AND PACKAGING WHICH ARE INCLUDED WITH PRODUCTS
REGULATED AS A DRUG, MEDICAL DEVICE, OR DIETARY SUPPLEMENT BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION UNDER THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E) OF 21 U.S. CODE OF
FEDERAL REGULATIONS, OR THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT;
(II) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
NOSTIC KITS, AND OTHER PRODUCTS OR BIOLOGICAL ORIGIN, AND OTHER COVERED
MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER
THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159;
(III) PACKAGING REGULATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT, 7 U.S.C. SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL
LAW, RULE, OR REGULATION;
(IV) NEWSPAPERS AND MAGAZINES; AND
(V) BEVERAGE CONTAINERS SUBJECT TO A RETURNABLE CONTAINER DEPOSIT
UNDER TITLE TEN OF THIS ARTICLE.
11. "PACKAGING REDUCTION AND RECYCLING ORGANIZATION" OR "ORGANIZATION"
MEANS A REGISTERED 501(C)(3) NON-PROFIT CHARITABLE ORGANIZATION, PURSU-
ANT TO 26 U.S.C. 501(C)(3), DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS
AN AGENT ON BEHALF OF EACH PRODUCER TO DEVELOP AND IMPLEMENT A PACKAGING
REDUCTION AND RECYCLING PLAN PURSUANT TO SECTION 27-3405 OF THIS TITLE
AND COMPLY WITH THE ORGANIZATION RESPONSIBILITIES UNDER SECTION 27-3403
OF THIS TITLE.
12. "PACKAGING REDUCTION AND RECYCLING PLAN" OR "PLAN" MEANS A DOCU-
MENT IN WHICH INDIVIDUAL PRODUCERS OR THE ORGANIZATION DESCRIBE THE
S. 4008--B 70
EFFORTS THEY WILL UNDERTAKE TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE.
13. "PACKAGING REDUCTION AND RECYCLING PROGRAM" OR "PROGRAM" MEANS A
PROGRAM BY WHICH PRODUCERS WHO SELL, OFFER FOR SALE, OR DISTRIBUTE
COVERED PACKAGING MATERIALS AND PRODUCTS SHALL REGISTER WITH THE DEPART-
MENT, EITHER INDIVIDUALLY OR THROUGH A PACKAGING REDUCTION AND RECYCLING
ORGANIZATION, TO COMPLY AND IMPLEMENT THE PROVISIONS OF THIS TITLE. THE
PROGRAM IS OVERSEEN BY THE DEPARTMENT.
14. "POST-CONSUMER RECYCLED MATERIAL" MEANS NEW MATERIAL PRODUCED
USING MATERIAL RESULTING FROM THE RECOVERY, SEPARATION, COLLECTION AND
REPROCESSING OF MATERIAL THAT WOULD OTHERWISE BE DISPOSED OF OR PROC-
ESSED AS WASTE AND THAT WAS ORIGINALLY SOLD FOR CONSUMPTION. "POST-CON-
SUMER RECYCLED MATERIAL" DOES NOT INCLUDE POST-INDUSTRIAL MATERIAL OR
PRE-CONSUMER MATERIAL, OR MATERIAL GENERATED BY MEANS OF ADVANCED RECY-
CLING, CHEMICAL RECYCLING, COMBUSTION, GASIFICATION, INCINERATION, PYRO-
LYSIS, SOLVOLYSIS, WASTE-TO-ENERGY, WASTE-TO-FUEL, OR ANY OTHER CHEMICAL
OR MOLECULAR CONVERSION PROCESS.
15. "PRODUCER" MEANS THE FOLLOWING ENTITIES FOR COMPLIANCE WITH THE
REQUIREMENTS FOR COVERED MATERIALS SOLD, OFFERED FOR SALE, OR DISTRIB-
UTED TO CONSUMERS IN OR INTO THIS STATE:
(A) FOR COVERED MATERIALS SOLD OR SERVED TO CONSUMERS AT A PHYSICAL
RETAIL LOCATION IN THIS STATE:
(I) IF THE COVERED MATERIALS ARE SOLD OR SERVED UNDER THE MANUFACTUR-
ER'S OWN BRAND OR ARE SOLD OR SERVED IN COVERED MATERIALS THAT LACKS
IDENTIFICATION OF A BRAND, THE PRODUCER OF THE COVERED MATERIALS IS THE
PERSON THAT MANUFACTURES THE PRODUCT;
(II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY, THE PRODUC-
ER OF THE COVERED MATERIALS IS THE PERSON THAT IS THE LICENSEE OF A
BRAND OR TRADEMARK UNDER WHICH A PRODUCT IS SOLD OR SERVED TO A CONSUMER
IN OR INTO THIS STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED IN
THIS STATE, UNLESS THE MANUFACTURER OF THE COVERED MATERIALS HAS AGREED
TO ACCEPT RESPONSIBILITY; WHERE THE PRODUCER IS A BUSINESS OPERATED
WHOLLY OR IN PART AS A FRANCHISE, THE PRODUCER IS THE FRANCHISOR, IF
SUCH FRANCHISOR HAS FRANCHISEES THAT ARE RESIDENT IN THE STATE;
(III) IF THERE IS NO PERSON AS DESCRIBED IN SUBPARAGRAPH (I) OR (II)
OF THIS PARAGRAPH WITHIN THE UNITED STATES, THE PRODUCER OF THE COVERED
MATERIAL IS THE PERSON WHO IMPORTS THE PRODUCT INTO THE UNITED STATES
FOR USE IN A COMMERCIAL ENTERPRISE THAT SELLS, OFFERS FOR SALE, OR
DISTRIBUTES THE PRODUCT TO CONSUMERS IN THIS STATE.
(B) FOR PRODUCTS SOLD OR DISTRIBUTED TO CONSUMERS IN COVERED MATERIALS
IN OR INTO THIS STATE VIA REMOTE SALE OR DISTRIBUTION:
(I) THE PRODUCER OF COVERED MATERIALS USED TO DIRECTLY PROTECT OR
CONTAIN THE PRODUCT IS THE SAME AS THE PRODUCER DEFINED IN PARAGRAPH (A)
OF THIS SUBDIVISION.
(II) THE PRODUCER OF COVERED MATERIALS USED TO SHIP THE PRODUCT TO A
CONSUMER IS THE PERSON THAT MANUFACTURERS THE SHIPPING MATERIAL.
16. "PRODUCT LINE" MEANS A GROUP OF RELATED PRODUCTS ALL MARKETED
UNDER A SINGLE BRAND NAME THAT IS SOLD BY THE SAME PRODUCER TO DISTIN-
GUISH PRODUCTS FROM EACH OTHER FOR BETTER USABILITY FOR CUSTOMERS.
17. "RECYCLABLE" MEANS A COVERED MATERIAL THAT MEETS THE CRITERIA IN
SECTION 27-3431 OF THIS TITLE.
18. "RECYCLED" MEANS THE USE OF DISCARDED PACKAGING MATERIALS OR
PRODUCTS IN THE PRODUCTION OF A NEW PRODUCT OR PACKAGING IN PLACE OF
VIRGIN MATERIALS. "RECYCLED" MATERIAL DOES NOT INCLUDE CONTAMINANTS,
RESIDUES, AND OTHER PROCESS LOSSES OR USE OF MATERIALS AS LANDFILL
COVER.
S. 4008--B 71
19. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH MATERIAL IS:
(A) COLLECTED, TRANSPORTED, SORTED, AND PROCESSED; OR (B) USED IN INDUS-
TRIAL FEEDSTOCKS IN PLACE OF VIRGIN MATERIALS TO MANUFACTURE NEW
PRODUCTS WITH MINIMAL LOSS OF MATERIAL QUALITY AND QUANTITY. "RECYCL-
ING" DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS,
COMBUSTION, GASIFICATION, INCINERATION, PYROLYSIS, SOLVOLYSIS, OR ANY
OTHER CHEMICAL CONVERSION PROCESS OR CREATION OF A HAZARDOUS SUBSTANCE.
IT ALSO DOES NOT INCLUDE LANDFILL DISPOSAL OF DISCARDED MATERIAL OR
DISCARDED PRODUCT COMPONENT MATERIALS, INCLUDING THE USE OF MATERIALS AS
LANDFILL COVER.
20. "RECYCLING RATE" MEANS THE PERCENTAGE OF ANY GIVEN PACKAGING TYPE
THAT IS ULTIMATELY RECYCLED. THE RECYCLING RATE FOR ANY COVERED MATERIAL
SHALL BE CALCULATED AS THE TOTAL WEIGHT OF PACKAGING THAT IS RECYCLED IN
A GIVEN YEAR DIVIDED BY THE TOTAL WEIGHT OF COVERED MATERIAL GENERATED
IN THAT YEAR. MATERIAL LOSSES, INCLUDING CONTAMINANTS AND RESIDUES,
ACCRUING DURING COLLECTION, PROCESSING AND MANUFACTURING NEW PRODUCTS DO
NOT COUNT AS RECYCLED AND SHOULD NOT BE IN THE NUMERATOR OF THE
EQUATION.
21. "REUSE" MEANS THE RETURN OF PACKAGING BACK INTO THE ECONOMIC
STREAM FOR USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE ORIGINAL
PACKAGING, WITHOUT EFFECTUATING A CHANGE IN THE ORIGINAL COMPOSITION OF
THE PACKAGE, THE IDENTITY OF THE PRODUCT, OR THE COMPONENTS THEREOF.
22. "REUSE AND REFILL SYSTEM" MEANS A PROGRAM OR SET OF MECHANISMS
DESIGNED TO FACILITATE MULTIPLE USES OF PACKAGING. MECHANISMS MAY
INCLUDE, BUT ARE NOT LIMITED TO, DEPOSITS, INCENTIVES, CURBSIDE
COLLECTION, COLLECTION KIOSKS, REFILL STATIONS, DISHWASHING FACILITIES,
AND RE-DISTRIBUTION NETWORKS.
23. "REUSABLE OR REFILLABLE PACKAGING AND CONTAINERS" MEANS PACKAGING
MATERIAL AND CONTAINERS THAT ARE SPECIFICALLY DESIGNED AND MANUFACTURED
TO MAINTAIN ITS SHAPE AND STRUCTURE, AND BE MATERIALLY DURABLE FOR
REPEATED SANITIZING, WASHING, AND REUSE.
24. "TOXIC SUBSTANCES" MEANS A CHEMICAL OR CHEMICAL CLASS IDENTIFIED
BY A STATE AGENCY, FEDERAL AGENCY, INTERNATIONAL INTERGOVERNMENTAL AGEN-
CY, ACCREDITED RESEARCH UNIVERSITY, OR OTHER SCIENTIFIC ENTITY DEEMED
AUTHORITATIVE BY THE DEPARTMENT ON THE BASIS OF CREDIBLE SCIENTIFIC
EVIDENCE AS BEING ONE OR MORE OF THE FOLLOWING:
(A) A CHEMICAL OR CHEMICAL CLASS THAT IS A CARCINOGEN, MUTAGEN, REPRO-
DUCTIVE TOXICANT, IMMUNOTOXIN, NEUROTOXICANT, OR ENDOCRINE DISRUPTOR.
(B) A CHEMICAL OR CHEMICAL CLASS THAT IS PERSISTENT OR BIOACCUMULA-
TIVE.
(C) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM THE NORMAL DEVELOPMENT
OF A FETUS OR CHILD OR CAUSE OTHER DEVELOPMENTAL TOXICITY IN HUMANS OR
WILDLIFE.
(D) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM ORGANS OR CAUSE OTHER
SYSTEMIC TOXICITY.
(E) A CHEMICAL OR CHEMICAL CLASS THAT MAY HAVE ADVERSE AIR QUALITY
IMPACTS, ADVERSE ECOLOGICAL IMPACTS, ADVERSE SOIL QUALITY IMPACTS, OR
ADVERSE WATER QUALITY IMPACTS.
(F) A CHEMICAL OR CHEMICAL CLASS THAT THE DEPARTMENT HAS DETERMINED
HAS EQUIVALENT TOXICITY TO THE ABOVE CRITERIA.
§ 27-3403. RESPONSIBILITIES OF THE PACKAGING REDUCTION AND RECYCLING
ORGANIZATION.
1. PRODUCERS SHALL EITHER FORM A PACKAGING REDUCTION AND RECYCLING
ORGANIZATION INDIVIDUALLY OR COLLECTIVELY TO MEET THE RESPONSIBILITIES
OF THE PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION.
S. 4008--B 72
2. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION, OR INDIVIDUAL
PRODUCERS AS APPLICABLE, SHALL ESTABLISH CONSISTENCY AMONG PROGRAMS SO
THAT ALL MATERIALS THAT CAN BE SORTED AND SOLD TO MARKET ARE COLLECTED
AND PROCESSED FOR RECOVERY. IF MORE THAN ONE PACKAGING REDUCTION AND
RECYCLING ORGANIZATION IS REGISTERED WITHIN THE STATE, EACH ORGANIZATION
AND PRODUCER SHALL COORDINATE WITH ALL OTHER SUCH ORGANIZATIONS AND
PRODUCERS TO ENSURE THAT THE COLLECTION CONVENIENCE REQUIREMENTS IN
SECTION 27-3413 OF THIS TITLE AND EDUCATIONAL REQUIREMENTS IN SECTION
27-3421 OF THIS TITLE ARE MET AND ARE CONSISTENT AND SEAMLESS TO RESI-
DENTS, THAT GOVERNMENT AGENCIES AND SERVICE PROVIDERS ARE REIMBURSED FOR
RECYCLING SERVICES AS REQUIRED UNDER THIS CHAPTER, AND THAT COVERED
PRODUCTS ARE NOT REPORTED AS GENERATED, SUPPLIED OR MANAGED BY MORE THAN
ONE ORGANIZATION.
3. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION IN ADMINIS-
TRATION OF THE PROGRAM SHALL:
(A) DEVELOP A PACKAGING REDUCTION AND RECYCLING PLAN AND SUBMIT SUCH
PLAN TO THE ADVISORY COUNCIL FOR REVIEW AND COMMENT, AND SUBMIT TO THE
COMMISSIONER FOR APPROVAL PURSUANT TO SECTION 27-3407 OF THIS TITLE;
(B) COLLECT AND COMPILE DATA FROM PRODUCERS AS REQUIRED BY SECTION
27-3415 OF THIS TITLE;
(C) CALCULATE REASONABLE REIMBURSEMENT RATES THROUGH AN OBJECTIVE
FORMULA APPROVED BY THE DEPARTMENT FOR CURBSIDE RECYCLING;
(D) COLLECT FEES DUE FROM PRODUCERS AS REQUIRED BY SECTION 27-3411 OF
THIS TITLE;
(E) REIMBURSE THE DEPARTMENT FOR THE COSTS ASSOCIATED WITH CONDUCTING
THE STATEWIDE NEEDS ASSESSMENT REQUIRED BY SECTION 27-3411 OF THIS TITLE
AND THE ADMINISTRATION AND ENFORCEMENT OF THE PROGRAM;
(F) DISTRIBUTE FUNDS TO REIMBURSE LOCAL GOVERNMENTS AND PRIVATE COMPA-
NIES FOR THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF REDUCTION AND
RECYCLING PROGRAMS, INCLUDING COLLECTION, TRANSPORTATION AND PROCESSING
AS REQUIRED TO MEET THE COLLECTION CONVENIENCE STANDARDS IN SECTION
27-3413 AND OTHER REQUIREMENTS OF THIS TITLE;
(G) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING INVESTMENTS
TOWARD PACKAGING REDUCTION AND REUSE AND MAKE DISBURSEMENTS INTO THE
WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND PURSUANT TO SECTION
27-3423 OF THIS TITLE;
(H) UNDERTAKE AN EFFECTIVE STATEWIDE EDUCATION AND PUBLIC OUTREACH
PROGRAM REQUIRED BY SECTION 27-3421 OF THIS TITLE;
(I) OFFER TECHNICAL SUPPORT TO PARTICIPATING PRODUCERS, WITH AN EMPHA-
SIS ON SUPPORT TO SMALL BUSINESSES, TO ASSIST THEM WITH COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE, INCLUDING INFORMATION ABOUT PROCURING
AFFORDABLE ALTERNATIVES TO NON-COMPLIANT PACKAGING AND REDUCING PACKAG-
ING.
4. ANNUALLY, EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL
SUBMIT A REPORT TO THE DEPARTMENT THAT, AT A MINIMUM, MUST INCLUDE THE
FOLLOWING INFORMATION:
(A) CONTACT INFORMATION FOR THE ORGANIZATION;
(B) A LIST OF ALL PARTICIPATING PRODUCERS, BRANDS, AND PRODUCTS;
(C) THE TOTAL AMOUNT, BY BOTH WEIGHT AND NUMBER OF UNITS, OF EACH TYPE
OF PACKAGING MATERIAL USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANS-
PORT, DISTRIBUTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE, OR
DISTRIBUTED INTO THE STATE BY EACH INDIVIDUAL PRODUCER DURING THE PRIOR
CALENDAR YEAR;
(D) THE TOTAL AMOUNT, BY WEIGHT, OF EACH MATERIAL CATEGORY RECYCLED IN
THE STATE, AND OUT OF STATE, AS A RESULT OF ACTIVITIES UNDERTAKEN BY THE
S. 4008--B 73
ORGANIZATION, EITHER DIRECTLY OR THROUGH REIMBURSEMENT OR CONTRACTUAL
ARRANGEMENT;
(E) A CALCULATION OF THE RECYCLING RATE OF EACH MATERIAL CATEGORY
WHICH IS DERIVED BY DIVIDING THE AMOUNT OF EACH MATERIAL CATEGORY RECY-
CLED, AS REPORTED IN PARAGRAPH (D) OF THIS SUBDIVISION BY THE AMOUNT OF
EACH MATERIAL CATEGORY GENERATED, AS REPORTED IN PARAGRAPH (C) OF THIS
SUBDIVISION;
(F) A COMPLETE ACCOUNTING OF ALL PAYMENTS MADE TO AND BY THE ORGANIZA-
TION DURING THE PRIOR CALENDAR YEAR;
(G) A LIST OF PRODUCERS BELIEVED TO BE OUT OF COMPLIANCE WITH THE
REQUIREMENTS OF THIS TITLE, AND THE REASON THE ORGANIZATION BELIEVES THE
PRODUCER TO BE OUT OF COMPLIANCE. INFORMATION ON NON-COMPLIANT PRODUC-
ERS SHALL BE PROVIDED TO THE ATTORNEY GENERAL'S OFFICE IN A TIMELY FASH-
ION;
(H) A DESCRIPTION OF THE EDUCATIONAL AND OUTREACH EFFORTS MADE BY THE
ORGANIZATION IN THE PRIOR CALENDAR YEAR, AND HOW THOSE EFFORTS WERE
DESIGNED TO REDUCE PACKAGING WASTE, AND INCREASE REUSE AND RECYCLING OF
PACKAGING MATERIALS;
(I) AN ASSESSMENT OF WHETHER THE FEE STRUCTURE PURSUANT TO SECTION
27-3411 OF THIS TITLE HAS BEEN EFFECTIVE IN INCENTIVIZING IMPROVEMENTS
TO THE DESIGN OF PACKAGING MATERIAL, INCLUDING ACTUAL REDUCTION OF PACK-
AGING, INCREASES IN REUSABLE AND REFILLABLE PACKAGING, RECYCLING RATES
FOR PACKAGING MATERIALS, AND DECREASES IN THE AMOUNT OF PACKAGING;
(J) A DESCRIPTION OF THE REIMBURSEMENTS AND EXPENDITURES MADE PURSUANT
TO SECTION 27-3411 OF THIS TITLE;
(K) A RECOMMENDATION TO THE DEPARTMENT TO ADD OR REMOVE COVERED
PRODUCTS FROM THE LIST OF RECYCLABLE MATERIALS, BASED ON INFORMATION
GATHERED FROM END MARKETS, INCLUDING COMMODITY BROKERS AND MANUFACTURERS
WHO PURCHASE POST-CONSUMER MATERIALS FOR USE IN MANUFACTURING NEW
PRODUCTS;
(L) AUDITED FINANCIAL STATEMENTS; AND
(M) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
5. THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL OPERATE A
PROGRAM THAT PROVIDES FOR COLLECTION CONVENIENCE AS DESCRIBED IN SECTION
27-3413 OF THIS TITLE.
6. THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL NOT SPEND
FUNDS ON LOBBYING FEDERAL, STATE, OR LOCAL GOVERNMENTS OR CAMPAIGN
CONTRIBUTIONS TO ANY CANDIDATES RUNNING FOR OFFICE.
§ 27-3405. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
1. WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, EACH
PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SHALL DEVELOP AND SUBMIT
A PACKAGING REDUCTION AND RECYCLING PLAN TO THE DEPARTMENT FOR APPROVAL.
THE PLAN SHALL BE SUBMITTED TO THE ADVISORY BOARD FOR REVIEW PURSUANT TO
SECTION 27-3409 OF THIS TITLE PRIOR TO THE DEPARTMENT'S APPROVAL.
2. THE PLAN SHALL COVER FIVE YEARS AND BE UPDATED EVERY FIVE YEARS
FOLLOWING THE APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE
THE DISCRETION TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO
THE FIVE-YEAR PERIOD PURSUANT TO SECTION 27-3417 OF THIS TITLE.
3. EACH PRODUCER SHALL BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS
AFTER THE DATE THE PLAN IS APPROVED OR NO LATER THAN TWO YEARS OF THE
EFFECTIVE DATE OF THIS TITLE. IF NO PLAN IS APPROVED BY THAT TIMEFRAME,
THE PRODUCER SHALL BE SUBJECT TO PENALTIES FOR NONCOMPLIANCE.
4. ANY PERSON THAT BECOMES A PRODUCER AFTER THE EFFECTIVE DATE OF THIS
TITLE SHALL SUBMIT AN INDIVIDUAL PLAN, OR JOIN A PACKAGING REDUCTION AND
RECYCLING ORGANIZATION, WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTA-
S. 4008--B 74
TION WITHIN SIX MONTHS OF PLAN APPROVAL OR BE SUBJECT TO PENALTIES FOR
NONCOMPLIANCE.
5. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) CONTACT INFORMATION, INCLUDING THE NAME, ELECTRONIC AND PHYSICAL
ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED REPRESENTATIVE OF THE
PRODUCER OR PRODUCERS;
(B) THE IDENTITY OF THE PRODUCER OR PRODUCERS PARTICIPATING IN THE
PLAN;
(C) A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF COVERED MATERIALS
FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR;
(D) A DESCRIPTION OF THE PROPOSED FUNDING MECHANISM, IDENTIFIED IN
SECTION 27-3411 OF THIS TITLE, THAT MEETS THE REQUIREMENTS OF THIS TITLE
AND IS SUFFICIENT TO COVER THE COST OF OPERATING THE PROGRAM, UPDATING
THE PLAN, AND MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE
PROGRAM IN A FISCALLY PRUDENT AND RESPONSIBLE MANNER;
(E) AN OBJECTIVE FORMULA ESTABLISHING A REIMBURSEMENT RATE, WHICH
COVERS OBLIGATIONS IDENTIFIED IN THE NEEDS ASSESSMENT AND TAKES INTO
ACCOUNT VARIABLE REGIONAL COSTS, FOR PARTICIPATING MUNICIPALITIES OR
PRIVATE SECTOR SERVICE PROVIDERS;
(F) A DESCRIPTION OF THE PROCESS FOR PARTICIPATING MUNICIPALITIES OR
PRIVATE SECTOR SERVICE PROVIDERS TO RECOUP REASONABLE COSTS AS ESTAB-
LISHED BY THE OBJECTIVE FORMULA, FROM THE PRODUCER OR ORGANIZATION,
INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, SORTING, COLLECTION,
TRANSPORTATION, PUBLIC EDUCATION, OR PROCESSING COSTS, IF THE ORGANIZA-
TION USES EXISTING SERVICES THROUGH A MUNICIPALITY OR OBTAINS SUCH
SERVICES FROM A PRIVATE SECTOR SERVICE PROVIDER;
(G) AT A MINIMUM, THE FOLLOWING FUNDING MECHANISM DETAILS SHALL BE
PROVIDED IN THE PLAN:
(I) PROPOSED PROGRAM FEES, PROVIDED AS A TABLE LISTING THE RATE PAID
FOR EACH MATERIAL CATEGORY, WHICH IN SUM, WILL GENERATE SUFFICIENT FUND-
ING TO COVER OBLIGATIONS IDENTIFIED IN THE NEEDS ASSESSMENT AND THE
REQUIREMENTS OF THIS TITLE; AND
(II) PROPOSED PROGRAM FEE ADJUSTMENTS TO INCORPORATE ECO-MODULATION
FACTORS;
(H) A DESCRIPTION OF THE CHARACTERISTICS OF EACH TYPE OF PACKAGING
MATERIAL THAT ARE RELEVANT TO THE ECO-MODULATING FACTORS SET FORTH
PURSUANT TO SECTION 27-3411 OF THIS TITLE;
(I) A DESCRIPTION OF THE PROCESS USED FOR THE CONTRACTING WITH A
PRIVATE SECTOR ENTITY TO PROVIDE SUCH SERVICES TO RECOUP REASONABLE
COSTS IF THE MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE;
(J) HOW THE PRODUCERS OR ORGANIZATION WILL WORK WITH EXISTING WASTE
HAULERS, MATERIAL RECOVERY FACILITIES, RECYCLERS, AND MUNICIPALITIES TO
OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS MATERIAL
COLLECTION METHODS;
(K) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION WILL USE OPEN,
COMPETITIVE, AND FAIR PROCUREMENT PRACTICES SHOULD THEY DIRECTLY ENTER
INTO CONTRACTUAL AGREEMENTS WITH SERVICE PROVIDERS, INCLUDING MUNICI-
PALITIES AND PRIVATE ENTITIES;
(L) A DESCRIPTION OF HOW A MUNICIPALITY WILL PARTICIPATE, ON A VOLUN-
TARY BASIS, WITH COLLECTION AND HOW EXISTING MUNICIPAL RECYCLING PROC-
ESSING AND COLLECTION INFRASTRUCTURE WILL BE USED;
(M) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION PLANS TO MEET
THE CONVENIENCE REQUIREMENTS SET FORTH IN THIS TITLE;
(N) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING
RECYCLING AND DISPOSAL OF RESIDUALS COLLECTED FOR RECYCLING, USING ENVI-
RONMENTALLY SOUND MANAGEMENT PRACTICES;
S. 4008--B 75
(O) A DESCRIPTION OF HOW THE ORGANIZATION SHALL PROVIDE THE OPTION TO
PURCHASE RECYCLED MATERIALS FROM PROCESSORS;
(P) A DESCRIPTION OF HOW PRODUCERS ARE COMPLYING WITH AND EXCEEDING
THE WASTE REDUCTION, TOXICS, AND POST-CONSUMER CONTENT REQUIREMENTS OF
THE TITLE;
(Q) A DESCRIPTION OF HOW THE ORGANIZATION WILL STRATEGICALLY INVEST IN
EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVEL-
OPMENT IN THE STATE, INCLUDING, BUT NOT LIMITED TO, INSTALLING OR
UPGRADING EQUIPMENT TO IMPROVE SORTING OF COVERED MATERIALS OR MITIGAT-
ING THE IMPACTS OF COVERED MATERIALS TO OTHER COMMODITIES AT EXISTING
SORTING AND PROCESSING FACILITIES, AND CAPITAL EXPENDITURES FOR NEW
TECHNOLOGY, EQUIPMENT, AND FACILITIES;
(R) A PROCESS TO ADDRESS CONCERNS AND QUESTIONS FROM CUSTOMERS AND
RESIDENTS;
(S) A DESCRIPTION OF THE PRODUCER OR ORGANIZATION'S PUBLIC OUTREACH
EDUCATION PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS;
(T) A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED AND
ADDRESSED IN THE DEVELOPMENT OF THE PLAN; AND
(U) A DETAILED DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION
CONSULTED WITH THE ADVISORY BOARD, THE PUBLIC, AND OTHER STAKEHOLDERS IN
THE DEVELOPMENT OF THE PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT,
AND TO WHAT EXTENT THE PRODUCERS OR ORGANIZATION SPECIFICALLY INCORPO-
RATED THE ADVISORY BOARD'S INPUT INTO THE PLAN.
6. THE PRODUCERS OR ORGANIZATION SHALL ALSO PROVIDE THE ADVISORY BOARD
A REASONABLE PERIOD OF TIME TO REVIEW AND COMMENT UPON THE DRAFT PLAN
PRIOR TO ITS SUBMISSION TO THE DEPARTMENT. THE PRODUCERS OR ORGANIZATION
SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE A SUMMA-
RY AND AN ANALYSIS OF THE ISSUES RAISED BY THE ADVISORY BOARD AND
SIGNIFICANT CHANGES SUGGESTED BY ANY SUCH COMMENTS, A STATEMENT OF THE
REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE PLAN,
AND A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH
COMMENTS.
§ 27-3407. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
1. BEFORE APPROVAL OR DENIAL OF A PACKAGING REDUCTION AND RECYCLING
PLAN CAN BE MADE IN ACCORDANCE WITH THIS TITLE, THE PRODUCER OR ORGAN-
IZATION SHALL SUBMIT THE PLAN TO THE PACKAGING REDUCTION AND RECYCLING
ADVISORY COUNCIL.
2. WITHIN SIXTY DAYS OF THE ADVISORY COUNCIL MAKING A RECOMMENDATION
TO THE DEPARTMENT, THE DEPARTMENT SHALL MAKE A DETERMINATION TO APPROVE
THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE
PLAN, WITH REASONS FOR THE DENIAL.
3. THE ADVISORY COUNCIL IN RECOMMENDING, AND THE DEPARTMENT IN APPROV-
ING OR DENYING A PLAN, SHALL CONSIDER THAT:
(A) THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN SECTION
27-3405 OF THIS TITLE WITH SUFFICIENT DETAIL TO DEMONSTRATE THAT THE
PLAN WILL BE MET;
(B) THE PRODUCER HAS UNDERTAKEN SATISFACTORY CONSULTATION WITH THE
ADVISORY COUNCIL, THE PUBLIC, AND OTHER STAKEHOLDERS ON THE DRAFT PLAN
PURSUANT TO SUBDIVISION SIX OF SECTION 27-3405 OF THIS TITLE AND HAS
PROVIDED AN OPPORTUNITY FOR THE ADVISORY COUNCIL'S INPUT IN THE IMPLE-
MENTATION AND OPERATION OF THE PLAN PRIOR TO SUBMISSION OF THE PLAN, AND
HAS THOROUGHLY DESCRIBED HOW THE ADVISORY COUNCIL'S INPUT WILL BE
ADDRESSED BY AND INCORPORATED INTO THE PLAN;
(C) THE PLAN ALSO ADEQUATELY PROVIDES FOR:
S. 4008--B 76
(I) THE PRODUCER COLLECTING AND FUNDING THE COSTS OF COLLECTING AND
PROCESSING COVERED MATERIALS BY CONTRACTING WITH PRIVATE SECTOR SERVICE
PROVIDERS OR REIMBURSING MUNICIPALITIES;
(II) THE FUNDING MECHANISM TO COVER THE COST OF THE PROGRAM, INCLUDING
ADMINISTRATION, ENFORCEMENT, THE STATEWIDE NEEDS ASSESSMENT, AND
DISBURSEMENTS INTO THE WASTE REDUCTION AND RECYCLING INFRASTRUCTURE
FUND;
(III) CONVENIENT AND FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR
COLLECTION SERVICES;
(IV) A FORMULAIC SYSTEM FOR EQUITABLE DISTRIBUTION OF FUNDS;
(V) COMPREHENSIVE PUBLIC EDUCATION AND OUTREACH;
(VI) AN EVALUATION SYSTEM FOR THE FEE STRUCTURE, WHICH SHALL BE EVALU-
ATED ON AN ANNUAL BASIS BY THE ORGANIZATION AND RESUBMITTED AND APPROVED
BY THE DEPARTMENT ANNUALLY;
(VII) A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THAT IS, AT MINI-
MUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVI-
OUS WASTE COLLECTION SYSTEM IN THE PARTICULAR JURISDICTION; AND
(VIII) ADEQUATE CONSIDERATION OF THE STATE'S SOLID WASTE MANAGEMENT
POLICY SET FORTH IN SECTION 27-0106 OF THIS ARTICLE.
4. THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI-
TION TO THOSE IDENTIFIED HEREIN TO FULFILL THE INTENT OF THIS TITLE;
PROVIDED, HOWEVER, THAT ANY ADDITIONAL REQUIREMENTS SHALL BE ESTABLISHED
ONE YEAR PRIOR TO A REQUIRED SUBMISSION OF A PLAN UNLESS SUCH ADDITIONAL
REQUIREMENTS ARE IN RELATION TO THE POWER GRANTED TO THE DEPARTMENT
SECTION 27-3417 OF THIS TITLE.
5. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS APPROVED, THE
ORGANIZATION SHALL IMPLEMENT THE APPROVED PLAN. THE DEPARTMENT MAY
RESCIND THE APPROVAL OF AN APPROVED PLAN AT ANY TIME WITH CAUSE AND
DOCUMENTED JUSTIFICATION.
§ 27-3409. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A PACKAGING
REDUCTION AND RECYCLING ADVISORY COUNCIL TO RECEIVE AND REVIEW THE PACK-
AGING REDUCTION AND RECYCLING PLANS REQUIRED UNDER SECTION 27-3405 OF
THIS TITLE, TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING APPROVAL
OF THE PLANS, AND TO REVIEW THE ANNUAL REPORTS PRODUCED BY ORGANIZA-
TIONS.
2. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL APPOINT THE MEMBERS OF THE ADVISORY COUNCIL. THE
ADVISORY COUNCIL SHALL BE COMPOSED OF THIRTEEN MEMBERS, AND THE COMMIS-
SIONER SHALL APPOINT AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING:
(A) A MUNICIPALITY ASSOCIATION OR MUNICIPAL RECYCLING PROGRAM, INCLUD-
ING AN ADDITIONAL MUNICIPAL REPRESENTATIVE FROM CITIES WITH A POPULATION
OF ONE MILLION OR MORE RESIDENTS;
(B) A STATEWIDE ENVIRONMENTAL ORGANIZATION;
(C) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY AFFECTED BY
SOLID WASTE INFRASTRUCTURE;
(D) AN ENVIRONMENTAL JUSTICE ORGANIZATION;
(E) A STATEWIDE WASTE DISPOSAL OR RECYCLING ASSOCIATION;
(F) A MATERIALS RECOVERY FACILITY LOCATED WITHIN THE STATE;
(G) A RECYCLING COLLECTION PROVIDER;
(H) A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER
RECYCLED CONTENT;
(I) A CONSUMER ADVOCATE;
(J) A RETAILER;
(K) A PUBLIC HEALTH SPECIALIST; AND
S. 4008--B 77
(L) A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION ESTABLISHED
UNDER THIS TITLE AS NON-VOTING MEMBERS.
4. APPOINTMENTS TO THE ADVISORY COUNCIL ARE TERM-LIMITED TO FIVE
CONSECUTIVE YEARS OF SERVICE; THE CHAIR SHALL BE CHOSEN THROUGH A MAJOR-
ITY VOTE OF ITS MEMBERS AND SHALL SERVE NO LONGER THAN ONE CONSECUTIVE
YEAR;
5. ANY MEMBER OF THE ADVISORY COUNCIL WHO REPRESENTS A REGISTERED
501(C)(3) NON-PROFIT CHARITABLE ORGANIZATION, PURSUANT TO 26 U.S.C.
501(C)(3), SHALL BE PROVIDED A STIPEND FOR THEIR WORK AS AN ADVISORY
COUNCIL MEMBER AT AN AMOUNT EQUAL TO TWO HUNDRED FORTY HOURS, MULTIPLIED
BY DOUBLE THE PREVAILING MINIMUM WAGE;
6. ALL DECISIONS MADE BY THE ADVISORY COUNCIL SHALL BE DECIDED BY
VOTING AND VOTES SHALL ONLY BE VALID WHEN A QUORUM IS PRESENT. A QUORUM
SHALL EXIST WHEN GREATER THAN FIFTY PERCENT OF VOTING MEMBERS ARE PRES-
ENT. THE ADVISORY COUNCIL SHALL MEET AT LEAST ONCE A YEAR BY THE CALL OF
THE CHAIR OR BY REQUEST OF MORE THAN HALF THE MEMBERS. THE DECISIONS OF
THE ADVISORY COUNCIL SHALL BE BY VOTE OF THE MAJORITY OF ITS MEMBERSHIP;
7. THE COUNCIL SHALL DETERMINE WHETHER THE PLAN SUBMITTED UNDER
SECTION 27-3407 OF THIS TITLE MEETS THE CRITERIA AND OBJECTIVES UNDER
THIS SECTION IN MAKING ITS RECOMMENDATION.
8. THE ADVISORY COUNCIL SHALL, WITHIN NINETY DAYS OF THE SUBMISSION OF
A PACKAGING REDUCTION AND RECYCLING PLAN, EITHER:
(A) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR
APPROVAL; OR
(B) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS DISAPPROVAL AND
STATED REASONS THEREFOR, INCLUDING ANY RECOMMENDED CHANGES TO THE PLAN
NECESSARY FOR APPROVAL.
9. AN ORGANIZATION MAY RESUBMIT A PACKAGING REDUCTION AND RECYCLING
PLAN FOR APPROVAL AT ANY TIME. UPON SUCH RESUBMISSION, THE ADVISORY
COUNCIL SHALL, WITHIN NINETY DAYS, FORWARD THE PLAN TO THE COMMISSIONER
WITH ITS RECOMMENDATION FOR APPROVAL OR DISAPPROVAL.
10. THE ADVISORY COUNCIL SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND
MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT AND THE ORGANIZATION FOR
IMPROVING FUTURE PLANS.
§ 27-3411. FUNDING MECHANISM.
1. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL ESTABLISH
PROGRAM PARTICIPATION FEES FOR PRODUCERS THROUGH THE PLAN PURSUANT TO
SECTION 27-3405 OF THIS TITLE, WHICH SHALL BE SUFFICIENT TO COVER ALL
COSTS OF THE PROGRAM, INCLUDING ADMINISTRATION, ENFORCEMENT, THE STATE-
WIDE NEEDS ASSESSMENT, AND DISBURSEMENTS INTO THE WASTE REDUCTION AND
REUSE INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-
BBBBB OF THE STATE FINANCE LAW.
2. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL STRUCTURE
PROGRAM CHARGES TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES THROUGH
ECO-MODULATION, TO REWARD WASTE AND SOURCE REDUCTION AND RECYCLING
COMPATIBILITY INNOVATIONS AND PRACTICES, AND TO DISINCENTIVIZE DESIGNS
OR PRACTICES THAT INCREASE COSTS OF MANAGING THE PRODUCTS OR WHICH
CONTAIN TOXIC SUBSTANCES.
3. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION MAY ADJUST FEES TO
BE PAID BY PARTICIPATING PRODUCERS BASED ON FACTORS THAT AFFECT SYSTEM
COSTS. AT A MINIMUM, FEES SHALL BE VARIABLE BASED ON:
(A) COSTS TO PROVIDE CURBSIDE COLLECTION OR ANOTHER FORM OF RESIDEN-
TIAL SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION
OR AS CONVENIENT AS THE PREVIOUS RECYCLING COLLECTION PLAN IN THE
PARTICULAR JURISDICTION OR AS CONVENIENT AS THE PREVIOUS REFUSE
S. 4008--B 78
COLLECTION PLAN IN THE PARTICULAR JURISDICTION SHOULD RECYCLING
COLLECTION NOT BE PROVIDED;
(B) COSTS TO PROCESS COVERED MATERIALS FOR ACCEPTANCE BY SECONDARY
MATERIAL MARKETS;
(C) WHETHER THE COVERED MATERIAL WOULD TYPICALLY BE READILY-RECYCLABLE
EXCEPT THAT AS A CONSEQUENCE OF THE PACKAGING DESIGN, THE PACKAGING
PRODUCT HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT
INCLUDES LABELS, INKS, AND ADHESIVES CONTAINING HEAVY METALS OR OTHER
TOXIC SUBSTANCES THAT WOULD CONTAMINATE THE RECYCLING PROCESS;
(D) WHETHER THE PACKAGING MATERIAL IS SPECIFICALLY DESIGNED TO BE
REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE; AND
(E) THE COMMODITY VALUE OF A PACKAGING MATERIAL.
4. THE FEES SHALL BE ADJUSTED, OR THE PRODUCERS MAY BE PROVIDED A
CREDIT, BASED UPON THE PERCENTAGE OF POST-CONSUMER RECYCLED MATERIAL
CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT SHALL BE
VERIFIED BY THE ORGANIZATION OR THROUGH AN INDEPENDENT THIRD PARTY
APPROVED TO PERFORM VERIFICATION SERVICES TO ENSURE THAT SUCH PERCENTAGE
EXCEEDS THE MINIMUM REQUIREMENTS IN THE PACKAGING, AS LONG AS THE RECY-
CLED CONTENT DOES NOT DISRUPT THE POTENTIAL FOR FUTURE RECYCLING.
5. IN ADDITION TO THE ANNUAL SCHEDULE OF FEES APPROVED IN THE PLAN,
THE ORGANIZATION FEE SCHEDULE MAY INCLUDE A SPECIAL ASSESSMENT ON
SPECIFIC CATEGORIES OF PACKAGING MATERIALS AT THE REQUEST OF RESPONSIBLE
ENTITIES REPRESENTING AND APPROVED BY THE ADVISORY COUNCIL IF THE NATURE
OF THE PACKAGING MATERIAL IMPOSES UNUSUAL COSTS IN COLLECTION OR PROC-
ESSING OR REQUIRES SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO RECY-
CLING OR SUCCESSFUL PROCESSING IN MUNICIPAL RECYCLING FACILITIES.
6. THE REVENUE FROM ANY SPECIAL ASSESSMENT SHALL BE USED TO MAKE
SYSTEM IMPROVEMENTS FOR THE SPECIFIC PACKAGING MATERIALS OR PRODUCTS ON
WHICH THE SPECIAL ASSESSMENT WAS APPLIED.
7. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE RESPONSI-
BLE FOR CALCULATING AND DISPERSING FUNDING AT A REASONABLE RECYCLING
PROGRAM FUNDING RATE THROUGH AN OBJECTIVE FORMULA APPROVED BY THE
DEPARTMENT, AND SUCH REASONABLE RATE MAY BE VARIED BASED ON POPULATION
DENSITY RATES, FOR MUNICIPAL SERVICES UTILIZED BY A PACKAGING REDUCTION
AND RECYCLING ORGANIZATION IF THE MUNICIPALITY ELECTS TO BE COMPENSATED
BY THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION IN THE COLLECTION,
RECOVERY, RECYCLING, AND PROCESSING OF COVERED MATERIALS AND PRODUCTS,
WHETHER SUCH SERVICES ARE PROVIDED DIRECTLY BY THE MUNICIPALITY OR
THROUGH A CONTRACTED SERVICE PROVIDER.
8. IF A MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE, AND HAS GIVEN
NOTICE TO THE DEPARTMENT OF ITS INTENT, THE PACKAGING REDUCTION AND
RECYCLING ORGANIZATION SHALL BE RESPONSIBLE FOR CONTRACTING WITH A
PRIVATE ENTITY FOR SERVICES AND SHALL BE RESPONSIBLE FOR CALCULATING AND
DISBURSING FUNDING AT A REASONABLE RECYCLING PROGRAM RATE FOR
COLLECTION, RECYCLING, RECOVERY, AND PROCESSING SERVICES PROVIDED BY THE
PRIVATE SECTOR ENTITY CONTRACTED TO PROVIDE SUCH SERVICES.
9. THE PROGRAM FUNDING MECHANISM SHALL BE BASED ON THE COST OF PROVID-
ING RECYCLING SERVICES, INCLUDING THE COST OF CURBSIDE CONTAINERS WHERE
RELEVANT, AS WELL AS THE PROCESSING COST FOR EACH RECYCLABLE MATERIAL,
COST OF HANDLING NON-RECYCLABLE MATERIAL TYPES COLLECTED AS PART OF A
RECYCLING OPERATION, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL
TYPE, AND ANY OTHER COST FACTORS AS DETERMINED BY THE DEPARTMENT.
10. TO FACILITATE A PACKAGING REDUCTION AND RECYCLING ORGANIZATION'S
DETERMINATION OF THE REASONABLE COST OF RECYCLING, PARTICIPATING MUNICI-
PALITIES AND PRIVATE SECTOR HAULERS CONTRACTING WITH THE PACKAGING
REDUCTION AND RECYCLING ORGANIZATION SHALL REPORT DATA RELATED TO THEIR
S. 4008--B 79
COSTS AND THE VALUE OF MATERIALS TO THE PACKAGING REDUCTION AND RECYCL-
ING ORGANIZATION. COST CALCULATIONS SHALL TAKE INTO CONSIDERATION THE
AMOUNT RECEIVED FROM THE SALE OF SOURCE SEPARATED MATERIALS.
11. ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE
USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF A PACKAGING REDUCTION
AND RECYCLING ORGANIZATION.
12. NO RETAILER MAY CHARGE A POINT-OF-SALE OR OTHER FEE TO CONSUMERS
TO FACILITATE A PRODUCER TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE
OBLIGATIONS UNDER THIS TITLE.
13. NOTHING IN THIS TITLE SHALL REQUIRE A MUNICIPALITY TO PARTICIPATE
IN THE PACKAGING REDUCTION AND RECYCLING PROGRAM.
§ 27-3413. COLLECTION AND CONVENIENCE.
1. A PRODUCER OR ORGANIZATION SHALL PROVIDE FOR WIDESPREAD, CONVEN-
IENT, AND EQUITABLE ACCESS TO COLLECTION OPPORTUNITIES FOR RECYCLABLE
COVERED MATERIALS AT NO ADDITIONAL COST. SUCH OPPORTUNITIES SHALL BE
PROVIDED TO ALL RESIDENTS OF THE STATE IN A MANNER THAT IS AS CONVENIENT
AS THE COLLECTION OF MUNICIPAL SOLID WASTE. A PRODUCER OR ORGANIZATION
SHALL ENSURE SERVICES CONTINUE FOR CURBSIDE RECYCLING PROGRAMS THAT A
MUNICIPALITY SERVES AS OF THE EFFECTIVE DATE OF THIS TITLE, EITHER
DIRECTLY OR THROUGH A CONTRACT TO PROVIDE SERVICES, AND THAT SUCH
SERVICES ARE CONTINUED THROUGH SUCH PRODUCER OR ORGANIZATION'S PLAN
PURSUANT TO SECTION 27-3405 OF THIS TITLE.
2. A PLAN SHALL NOT RESTRICT A JURISDICTION'S RESIDENT'S ABILITY TO
CONTRACT DIRECTLY WITH THIRD PARTIES TO OBTAIN RECYCLING COLLECTION
SERVICES IF RESIDENTS HAVE THE OPTION TO ENTER INTO SUCH CONTRACTS AS OF
THE EFFECTIVE DATE OF THIS TITLE, AS LONG AS THE RESIDENT STILL VOLUN-
TARILY CHOOSES TO CONTRACT DIRECTLY WITH THE THIRD PARTY.
3. AN ORGANIZATION MAY RELY ON A RANGE OF MEANS TO COLLECT VARIOUS
CATEGORIES OF COVERED MATERIALS SO LONG AS COVERED MATERIALS COLLECTION
OPTIONS INCLUDE CURBSIDE RECYCLING COLLECTION SERVICES PROVIDED BY
MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE
COLLECTION COMPANIES, OR OTHER APPROVED ENTITIES AS IDENTIFIED BY THE
DEPARTMENT IF:
(A) THE CATEGORY OF COVERED MATERIALS IS DEFINED BY THE DEPARTMENT AS
RECYCLABLE, AND IS SUITABLE FOR RESIDENTIAL CURBSIDE RECYCLING
COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING THE
CURBSIDE COLLECTED MATERIAL;
(B) THE RECYCLING FACILITY PROVIDING PROCESSING AND SORTING SERVICE
AGREES TO INCLUDE THE CATEGORY OF COVERED MATERIALS AS AN ACCEPTED MATE-
RIAL;
(C) THE COVERED MATERIALS CATEGORY IS NOT HANDLED THROUGH A DEPOSIT
AND RETURN SCHEME OR BUY BACK SYSTEM THAT RELIES ON A COLLECTION SYSTEM
OTHER THAN CURBSIDE OR MULTI-FAMILY COLLECTION; AND
(D) THE PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES
TO THE ORGANIZATION'S SERVICE PROVIDER COSTS ARRANGEMENT.
4. THE PRODUCER OR ORGANIZATION SHALL INCLUDE, AT A MINIMUM, THOSE
MATERIALS DESIGNATED BY THE DEPARTMENT AS RECYCLABLE MATERIALS, AND MAY
ADD COVERED PRODUCTS BASED ON AVAILABLE COLLECTION AND PROCESSING
INFRASTRUCTURE AND RECYCLING MARKETS FOR COVERED MATERIALS.
5. THE PRODUCER OR ORGANIZATION SHALL UPDATE AND ADOPT THE LIST ON AN
ANNUAL BASIS, IN CONSULTATION WITH THE ADVISORY BOARD AND THE DEPART-
MENT, IN RESPONSE TO COLLECTION AND PROCESSING IMPROVEMENTS AND CHANGES
IN RECYCLING END MARKETS. IF THERE ARE MULTIPLE LISTS, THE DEPARTMENT
SHALL COMPILE THE LISTS AND SHALL PUBLISH A COMPILED LIST TO THE PUBLIC.
SUCH LISTS MAY VARY BY GEOGRAPHIC REGION DEPENDING ON REGIONAL MARKETS
AND REGIONAL COLLECTION AND PROCESSING INFRASTRUCTURE.
S. 4008--B 80
6. ALL MUNICIPALITIES OR PRIVATE RECYCLING SERVICE PROVIDERS SHALL
PROVIDE FOR THE COLLECTION AND RECYCLING OF ALL COVERED MATERIALS
CONTAINED ON THE LIST OF MINIMUM RECYCLABLES, BASED ON GEOGRAPHIC
REGIONS, IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT; PROVIDED, HOWEVER,
NOTHING SHALL PENALIZE A MUNICIPALITY OR PRIVATE RECYCLING SERVICE FOR
RECOVERING AND RECYCLING MATERIALS THAT ARE GENERATED IN THE MUNICI-
PALITY OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON THE LIST OF MINIMUM
TYPES OF RECYCLABLE COVERED MATERIALS OR PRODUCTS AS LONG AS IT CAN BE
DEMONSTRATED THAT SUCH MATERIALS HAVE A MARKET AS DETERMINED BY THE
DEPARTMENT IN CONSULTATION WITH THE PRODUCER OR ORGANIZATION.
7. REIMBURSEMENT SHALL COVER RECYCLING OF ALL COVERED MATERIALS SO
LONG AS THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLABLES LIST. THE
DEPARTMENT MAY GRANT AN EXCEPTION OF THE REQUIREMENTS IN THIS SUBDIVI-
SION UPON A WRITTEN SHOWING BY THE MUNICIPALITY OR PRIVATE RECYCLING
SERVICE THAT COMPLIANCE WITH THE REQUIREMENTS IS NOT PRACTICABLE FOR A
SPECIFIC IDENTIFIED PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT
IS IN THE BEST INTEREST OF THE INTENT OF THIS TITLE TO GRANT THEM AN
EXTENSION; PROVIDED, HOWEVER, THAT THE EXTENSION GRANTED BY THE DEPART-
MENT SHALL NOT EXCEED TWELVE MONTHS.
§ 27-3415. PRODUCER RESPONSIBILITIES.
1. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, A
PRODUCER SHALL NOT SELL, OFFER FOR SALE, OR DISTRIBUTE INTO THE STATE A
PRODUCT CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR DISTRIBUTED IN
PACKAGING UNLESS THE PRODUCER IS REGISTERED WITH A PACKAGING REDUCTION
AND RECYCLING ORGANIZATION AND IN FULL COMPLIANCE WITH ALL REQUIREMENTS
OF THIS TITLE.
2. PRODUCERS ARE RESPONSIBLE FOR PAYMENT OF FEES, THROUGH AN ORGANIZA-
TION, BASED ON THE QUANTITY, TYPE OF PACKAGING USED IN THE STATE, AND
OTHER FACTORS.
3. PRODUCERS ARE RESPONSIBLE FOR MEETING THE TOXIC SUBSTANCES, PACKAG-
ING REDUCTION, AND POST-CONSUMER CONTENT STANDARDS UNDER THIS TITLE.
4. A PRODUCER SHALL ANNUALLY REPORT TO THE PACKAGING REDUCTION AND
RECYCLING ORGANIZATION:
(A) THE TOTAL AMOUNT, IN UNITS AND BY WEIGHT, OF EACH TYPE OF COVERED
MATERIAL SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE INTO THE STATE
BY THE PRODUCER IN THE PRIOR CALENDAR YEAR; AND
(B) ALL INFORMATION NECESSARY FOR THE PRODUCER AND ORGANIZATION TO
MEET THEIR OBLIGATIONS REQUIRED UNDER THIS TITLE.
5. A PRODUCER SHALL SUBMIT ALL FEES ASSESSED ON THE PRODUCER BY THE
PACKAGING REDUCTION AND RECYCLING ORGANIZATION.
6. A PRODUCER SHALL ELECTRONICALLY SUBMIT ANNUALLY, TO BOTH THE
DEPARTMENT AND THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION, A
WRITTEN DECLARATION SIGNED BY ITS CHIEF EXECUTIVE OFFICER, VERIFYING THE
PRODUCER'S COMPLIANCE WITH:
(A) THE COVERED PRODUCT REDUCTION REQUIREMENTS OF THIS TITLE;
(B) THE COVERED PRODUCT RECYCLED CONTENT REQUIREMENTS OF THIS TITLE;
AND
(C) THE TOXIC SUBSTANCE REDUCTION REQUIREMENTS OF THIS TITLE.
7. A PRODUCER IS EXEMPT FROM THE REQUIREMENTS AND PROHIBITIONS OF THIS
TITLE IN A CALENDAR YEAR IN WHICH:
(A) THE PRODUCER REALIZED LESS THAN ONE MILLION DOLLARS IN TOTAL GROSS
REVENUE DURING THE PRIOR CALENDAR YEAR; OR
(B) THE PRODUCER SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE
PRODUCTS CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR DISTRIBUTED IN
OR USING LESS THAN ONE TON OF PACKAGING MATERIAL IN TOTAL DURING THE
PRIOR CALENDAR YEAR.
S. 4008--B 81
8. A PRODUCER CLAIMING AN EXEMPTION PURSUANT TO SUBDIVISION SEVEN OF
THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH SUFFICIENT INFORMATION TO
DEMONSTRATE THAT THE CLAIMANT IS ELIGIBLE FOR AN EXEMPTION.
§ 27-3417. DEPARTMENT RESPONSIBILITIES.
1. THE DEPARTMENT SHALL DETERMINE THE EFFECTIVENESS OF OUTREACH AND
EDUCATION EFFORTS PURSUANT TO SECTION 27-3421 OF THIS TITLE TO DETERMINE
WHETHER CHANGES ARE NECESSARY TO IMPROVE SUCH OUTREACH AND EDUCATION
EFFORTS AND DEVELOP INFORMATION THAT MAY BE USED BY ORGANIZATIONS TO
IMPROVE FUTURE OUTREACH AND EDUCATION EFFORTS.
2. THE DEPARTMENT SHALL MAINTAIN A LIST OF MATERIALS AND COVERED
PRODUCTS THAT MEET THE STANDARD TO BE CONSIDERED RECYCLABLE PURSUANT TO
SECTION 27-3431 OF THIS TITLE TO BE USED AS THE MINIMUM RECYCLABLES
LIST.
3. IN THE EVENT THAT THE DEPARTMENT DETERMINES THAT A PACKAGING
REDUCTION AND RECYCLING ORGANIZATION NO LONGER MEETS THE REQUIREMENTS OF
THIS TITLE, OR FAILS TO IMPLEMENT AND ADMINISTER THE REQUIREMENTS OF
THIS TITLE IN A MANNER THAT EFFECTUATES THE PURPOSES OF THIS TITLE, THE
DEPARTMENT SHALL REVOKE ITS APPROVAL OF SUCH ORGANIZATION'S PACKAGING
REDUCTION AND RECYCLING ORGANIZATION PLAN, AND MAY ELECT TO OPERATE THE
PROGRAM ITSELF.
§ 27-3419. STATEWIDE PACKAGING REDUCTION, REUSE, AND RECYCLING NEEDS
ASSESSMENT.
1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE DEPARTMENT SHALL COMPLETE OR CAUSE TO BE COMPLETED A STATEWIDE PACK-
AGING REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT TO DETERMINE THE
CURRENT STATE OF PACKAGING REUSE, RECYCLING, AND DISPOSAL, AND IDENTIFY
BARRIERS AND OPPORTUNITIES TO REDUCE THE AMOUNT OF PACKAGING DISCARDED
AND DISPOSED OF, AND INCREASE THE REUSABILITY AND RECYCLABILITY OF PACK-
AGING.
2. THE NEEDS ASSESSMENT, AT A MINIMUM, SHALL COVER THE FOLLOWING:
(A) THE CURRENT RECYCLING RATE FOR EACH TYPE OF COVERED PRODUCT MATE-
RIAL;
(B) THE AMOUNT, BY WEIGHT AND MATERIAL TYPE, OF COVERED PRODUCT RECY-
CLED AT EACH RECYCLING FACILITY THAT ACCEPTS DISCARDED PACKAGING GENER-
ATED IN THE STATE;
(C) THE PROCESSING CAPACITY, MARKET CONDITIONS, AND OPPORTUNITIES IN
THE STATE AND REGIONALLY FOR RECYCLABLE MATERIALS GENERALLY, AND COVERED
PRODUCT MATERIAL CATEGORIES SPECIFICALLY;
(D) THE NET COST OF END-OF-LIFE MANAGEMENT OF DISCARDED COVERED
PRODUCTS IN THE STATE, INCLUDING THE COST ASSOCIATED WITH THE
COLLECTION, TRANSPORTATION, SORTATION, RECYCLING, LITTERING, LANDFILL-
ING, OR INCINERATION OF DISCARDED PACKAGING;
(E) THE AVAILABILITY OF OPPORTUNITIES IN THE RECYCLING AND REUSE
SYSTEM FOR MINORITY- AND WOMEN-OWNED BUSINESSES;
(F) CURRENT BARRIERS AFFECTING RECYCLING ACCESS AND AVAILABILITY IN
THE STATE;
(G) CURRENT BARRIERS TO THE MARKETABILITY OF RECYCLABLE MATERIALS
GENERATED IN THE STATE;
(H) OPPORTUNITIES FOR THE CREATION OF COVERED PRODUCT REUSE AND REFILL
PROGRAMS IN THE STATE;
(I) OPPORTUNITIES FOR THE IMPROVEMENT OF COVERED PRODUCT RECYCLING IN
THE STATE, INCLUDING THE DEVELOPMENT OF END MARKETS FOR RECYCLED COVERED
MATERIALS.
(J) CURRENT BARRIERS AFFECTING THE CREATION AND IMPLEMENTATION OF
COVERED PRODUCT REUSE AND REFILL PROGRAMS;
S. 4008--B 82
(K) CONSUMER EDUCATION NEEDS IN THE STATE WITH RESPECT TO COVERED
PRODUCT WASTE REDUCTION, RECYCLING, AND REDUCING CONTAMINATION IN RECY-
CLING, AND REUSE AND REFILL SYSTEMS FOR COVERED PRODUCTS; AND
(L) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS NECESSARY.
3. THE COST INCURRED BY THE DEPARTMENT ASSOCIATED WITH CONDUCTING THE
NEEDS ASSESSMENT SHALL BE PAID FOR BY THE ORGANIZATION.
4. THE DEPARTMENT SHALL REPORT THE RESULTS OF THE NEEDS ASSESSMENT TO
THE PUBLIC, THE STATE LEGISLATURE, THE GOVERNOR, THE COMPTROLLER AND THE
ATTORNEY GENERAL.
§ 27-3421. EDUCATION AND OUTREACH PROGRAM.
1. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL DEVELOP
AND IMPLEMENT AN EDUCATIONAL OUTREACH PROGRAM DESIGNED TO EDUCATE THE
PUBLIC ABOUT WASTE REDUCTION AND IMPROVE THE EFFECTIVENESS OF MUNICIPAL
RECYCLING AND, AT A MINIMUM, INCLUDE:
(A) EDUCATIONAL AND INFORMATIONAL MATERIALS FOR CONSUMERS RELATED TO
REDUCING THE AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN
THE STATE;
(B) A DESCRIPTION OF THE ENVIRONMENTAL, SOCIAL, ECONOMIC, AND ENVIRON-
MENTAL JUSTICE IMPACTS ASSOCIATED WITH IMPROPER DISPOSAL OF COVERED
PRODUCTS AND FAILURE TO REUSE OR RECYCLE PACKAGING MATERIALS;
(C) INFORMATION ON THE PROPER END-OF-LIFE MANAGEMENT OF COVERED
PRODUCTS, INCLUDING REUSE, RECYCLING, COMPOSTING, AND DISPOSAL;
(D) THE LOCATION AND AVAILABILITY OF CURBSIDE RECYCLING AND ADDITIONAL
DROP-OFF COLLECTION OPPORTUNITIES FOR COVERED PRODUCTS, INCLUDING DEPOS-
IT AND TAKE-BACK PROGRAMS;
(E) HOW TO PREVENT LITTER OF COVERED PRODUCTS IN THE PROCESS OF
COLLECTION;
(F) RECYCLING INSTRUCTIONS THAT ARE CONSISTENT STATEWIDE, EXCEPT AS
NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS AND PROCESS-
ING CAPABILITIES, EASY TO UNDERSTAND, AND EASILY ACCESSIBLE; AND
(G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
2. EDUCATIONAL OUTREACH PROGRAMS SHALL INCORPORATE, AT A MINIMUM,
ELECTRONIC, PRINT, WEB-BASED AND SOCIAL MEDIA ELEMENTS THAT MUNICI-
PALITIES CAN UTILIZE AT THEIR DISCRETION, AS WELL AS INCLUDING A VARIETY
OF OUTREACH AND EDUCATION TOOLS AND ENSURING MATERIALS ARE WIDELY ACCES-
SIBLE AND AVAILABLE IN MULTIPLE LANGUAGES.
3. THE EDUCATIONAL OUTREACH PROGRAM SHALL BE COORDINATED WITH AND
ASSIST LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID
WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES.
4. THE EDUCATIONAL OUTREACH PROGRAM SHALL BE DEVELOPED TO ENSURE ENVI-
RONMENTAL JUSTICE COMMUNITIES RECEIVE TARGETED OUTREACH AND SUPPORT.
5. THE EDUCATIONAL OUTREACH PROGRAM SHALL INCLUDE A PLAN TO WORK WITH
PARTICIPATING PRODUCERS TO LABEL OR MARK PACKAGING MATERIAL, IN ACCORD-
ANCE WITH REASONABLE LABELING STANDARDS, WITH INFORMATION TO ASSIST
CONSUMERS IN RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS.
6. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL CONSULT
WITH MUNICIPALITIES ON THE DEVELOPMENT OF EDUCATIONAL MATERIALS AND MAY
COORDINATE WITH MUNICIPALITIES ON OUTREACH AND COMMUNICATION.
7. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE AUTHOR-
IZED TO PROVIDE PRODUCERS AND RETAILERS WITH EDUCATIONAL MATERIALS
RELATED TO THE RESPONSIBLE REDUCTION, REUSE, RECYCLING, OR DISPOSAL OF
DISCARDED COVERED PRODUCTS. THE EDUCATIONAL AND INFORMATIONAL MATERIALS
PROVIDED TO THE RETAILER UNDER THIS SUBDIVISION MAY INCLUDE, BUT NEED
NOT BE LIMITED TO, PRINTED MATERIALS, SIGNAGE, TEMPLATES OF MATERIALS
THAT CAN BE REPRODUCED BY RETAILERS AND PROVIDED THEREBY TO CONSUMERS AT
THE TIME OF A PRODUCT'S PURCHASE, AND ADVERTISING MATERIALS THAT PROMOTE
S. 4008--B 83
AND ENCOURAGE CONSUMERS TO PROPERLY REUSE, RECYCLE, OR DISPOSE OF
COVERED PRODUCTS.
§ 27-3423. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND.
1. THE DEPARTMENT SHALL OVERSEE THE WASTE REDUCTION AND REUSE INFRAS-
TRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-BBBBB OF THE
STATE FINANCE LAW, WHICH IS TO PAY FOR INVESTMENTS IN REUSE AND REFILL
AND WASTE REDUCTION INFRASTRUCTURE.
2. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL DEPOSIT
INTO THE FUND NO LESS THAN FIVE PERCENT OF THE TOTAL PAYMENTS RECEIVED
FROM PRODUCERS PURSUANT TO THE PROVISIONS OF THIS TITLE.
3. FUNDS SHALL BE USED FOR INVESTMENT IN COLLECTION SYSTEMS, TRANSPOR-
TATION SYSTEMS, REUSE SYSTEMS, WASHING SYSTEMS, REDISTRIBUTION SYSTEMS,
TECHNOLOGY FOR TRACKING AND DATA COLLECTION, CAPITAL EXPENDITURES ON NEW
AND EMERGING TECHNOLOGY THAT IS FOCUSED ON REUSABLE AND REFILLABLE PACK-
AGING, AS WELL AS EQUIPMENT, AND FACILITIES, AND OTHER PROJECTS DETER-
MINED BY THE DEPARTMENT TO FACILITATE THE GOALS AND OBJECTIVES OF THIS
TITLE.
4. FUNDS MAY ALSO BE USED FOR INVESTMENT IN PUBLIC OUTREACH AND EDUCA-
TION IN WAYS THAT INCREASE PUBLIC PARTICIPATION IN RECYCLING PROGRAMS,
AND ACCESS AND PARTICIPATION IN PACKAGING REDUCTION, REUSE, AND REFILL
SYSTEMS THROUGHOUT THE STATE.
5. THE PACKAGING REDUCTION AND RECYCLING ORGANIZATIONS SHALL PRIOR-
ITIZE INVESTMENTS FOR PROJECTS AND PROGRAMS THAT WILL DIRECTLY BENEFIT
ENVIRONMENTAL JUSTICE COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, COMMU-
NITIES THAT ARE HOME TO A LANDFILL, INCINERATOR, TRANSFER STATION, OR
WASTE-TO-ENERGY FACILITY.
6. ANY INVESTMENTS MADE PURSUANT TO THIS SECTION MUST BE APPROVED BY
THE DEPARTMENT. THE DEPARTMENT SHALL APPROVE OR DENY PROPOSED INVEST-
MENTS WITHIN NINETY DAYS OF RECEIPT OF A PROPOSAL FROM A PACKAGING
REDUCTION AND RECYCLING ORGANIZATION. SUCH INVESTMENTS MAY BE APPROVED,
AT THE DISCRETION OF THE DEPARTMENT, SO LONG AS THE PROPOSED INVESTMENT
SHALL, AT A MINIMUM:
(A) INCREASE THE TRANSITION OF PACKAGING FROM NON-REUSABLE TO REDUCED,
REUSABLE OR REFILLABLE PACKAGING;
(B) INCREASE ACCESS TO REUSE AND REFILL INFRASTRUCTURE IN THE STATE;
(C) INCREASE THE CAPACITY OF REUSE AND REFILL INFRASTRUCTURE IN THE
STATE;
(D) PROVIDE REUSE AND REFILL INSTRUCTIONS THAT ARE, TO THE EXTENT
PRACTICABLE, CONSISTENT STATEWIDE, EASY TO UNDERSTAND, TRANSLATED INTO
VARIOUS COMMONLY-USED LANGUAGES, AND EASILY ACCESSIBLE; AND
(E) PROVIDE FOR OUTREACH AND EDUCATION THAT ARE COORDINATED ACROSS
PROGRAMS OR REGIONS TO AVOID CONFUSION FOR RESIDENTS, AND DEVELOPED IN
CONSULTATION WITH LOCAL GOVERNMENT AND THE PUBLIC.
§ 27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
1. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS
PURSUANT TO THIS TITLE, NO PERSON OR ENTITY SHALL SELL, OFFER FOR SALE,
OR DISTRIBUTE INTO THE STATE ANY PACKAGING CONTAINING ANY OF THE FOLLOW-
ING TOXIC SUBSTANCES:
(A) ORTHO-PHTHALATES;
(B) BISPHENOLS;
(C) PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS);
(D) HEAVY METALS AND COMPOUNDS, INCLUDING LEAD, HEXAVALENT CHROMIUM,
CADMIUM, AND MERCURY;
(E) BENZOPHENONE AND ITS DERIVATIVES;
(F) HALOGENATED FLAME RETARDANTS;
(G) PERCHLORATE;
S. 4008--B 84
(H) FORMALDEHYDE;
(I) TOLUENE;
(J) ANTIMONY AND COMPOUNDS;
(K) CARBON BLACK; AND
(L) UV 328 (2-(2H-BENZOTRIAZOL-2-YL)-4,6-DI-TERT-PENTYLPHENOL).
2. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS
PURSUANT TO THIS TITLE, NO PERSON OR ENTITY SHALL SELL, OFFER FOR SALE,
OR DISTRIBUTE FOR USE IN THIS STATE ANY PACKAGING CONTAINING:
(A) POLYVINYL CHLORIDE;
(B) POLYSTYRENE; OR
(C) POLYCARBONATE.
3. BEGINNING THREE YEARS AFTER THE PROMULGATION OF RULES AND REGU-
LATIONS PURSUANT TO THIS TITLE, AND EVERY THREE YEARS THEREAFTER, THE
DEPARTMENT SHALL DESIGNATE AT LEAST TEN ADDITIONAL TOXIC SUBSTANCES OR
CLASSES OF TOXIC SUBSTANCES THAT MAY NO LONGER BE SOLD, OFFERED FOR
SALE, DISTRIBUTED FOR SALE, OR DISTRIBUTED FOR USE IN PACKAGING IN THIS
STATE UNLESS IT DETERMINES THERE ARE NOT TEN CHEMICALS THAT MEET THE
DEFINITION OF TOXIC SUBSTANCES. IF THE DEPARTMENT DETERMINES THERE ARE
NOT TEN TOXIC SUBSTANCES THAT MEET SUCH A DEFINITION, IT SHALL PUBLISH A
DETAILED STATEMENT OF ITS FINDINGS AND CONCLUSIONS SUPPORTING SUCH
DETERMINATION.
4. WITHIN ONE HUNDRED EIGHTY DAYS OF DESIGNATING A TOXIC SUBSTANCE,
THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO PROHIBIT THE NEWLY
DESIGNATED TOXIC SUBSTANCE IN PACKAGING, WITH AN EFFECTIVE DATE NO LATER
THAN TWO YEARS AFTER SUCH DESIGNATION.
5. ANY PRODUCER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A FINE
FOR EACH VIOLATION NOT TO EXCEED FIFTY THOUSAND DOLLARS PER VIOLATION.
FOR THE PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS SOLD,
OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS, VIA RETAIL COMMERCE, IN
THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION SHALL BE CONSIDERED
A SEPARATE VIOLATION.
§ 27-3427. PACKAGING REDUCTION STANDARDS.
1. EACH INDIVIDUAL PRODUCER IS REQUIRED TO MEET THE FOLLOWING PACKAG-
ING REDUCTION REQUIREMENTS:
(A) BEGINNING THREE YEARS AFTER A PRODUCER FIRST REGISTERS WITH A
PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL
REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRES-
ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE
FOR SALE INTO THE STATE, BY TEN PERCENT BY WEIGHT.
(B) BEGINNING FIVE YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACK-
AGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL REDUCE
THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR
DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR
SALE INTO THE STATE, BY TWENTY PERCENT BY WEIGHT.
(C) BEGINNING EIGHT YEARS AFTER A PRODUCER FIRST REGISTERS WITH A
PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL
REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRES-
ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE
FOR SALE INTO THE STATE, BY THIRTY PERCENT BY WEIGHT.
(D) BEGINNING TEN YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACK-
AGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL REDUCE
THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR
DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR
SALE INTO THE STATE, BY FORTY PERCENT BY WEIGHT.
(E) BEGINNING TWELVE YEARS AFTER A PRODUCER FIRST REGISTERS WITH A
PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL
S. 4008--B 85
REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRES-
ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE
FOR SALE INTO THE STATE, BY FIFTY PERCENT BY WEIGHT.
2. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL BE MEASURED AGAINST
THE TOTAL AMOUNT OF PACKAGING THE PRODUCER USED TO CONTAIN, PROTECT,
DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SOLD, OFFERED FOR
SALE, OR DISTRIBUTED FOR SALE, DURING THE FIRST YEAR SUCH PRODUCER
REGISTERED WITH THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION.
3. THESE REDUCTIONS SHALL BE ACHIEVED BY ELIMINATING SINGLE-USE PACK-
AGING, INCLUDING SECONDARY OR TERTIARY PACKAGING, ELIMINATION OF PACKAG-
ING COMPONENTS, REDUCTION OF PACKAGING COMPONENTS, OR BY TRANSITIONING
TO REUSABLE OR REFILLABLE PACKAGING SYSTEMS.
4. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL NOT BE ACHIEVED BY
SUBSTITUTING PLASTIC FOR OTHER MATERIALS OR SUBSTITUTING A NON-RECYCLA-
BLE MATERIAL FOR A RECYCLABLE MATERIAL.
5. IN THE CASE OF A PRODUCER THAT ENTERS THE MARKET WITH FIFTY PERCENT
OR MORE BY WEIGHT OF ITS PACKAGING BEING REUSABLE AND CONTAINED WITHIN A
REUSE AND REFILL SYSTEM, SUCH PRODUCER MAY APPLY TO THE DEPARTMENT FOR A
WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS.
6. NOTHING IN THIS SECTION SHALL PRECLUDE A PRODUCER FROM GOING BEYOND
THE REDUCTION STANDARDS IN SUBDIVISION ONE OF THIS SECTION.
§ 27-3429. RECYCLED CONTENT STANDARDS.
1. EACH INDIVIDUAL PRODUCER SHALL MEET THE RECYCLING CONTENT TARGETS
CONTAINED IN THIS SECTION.
2. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION:
(A) ALL GLASS CONTAINERS MANUFACTURED IN THE STATE SHALL CONTAIN, ON
AVERAGE, AT LEAST THIRTY-FIVE PERCENT POST-CONSUMER RECYCLED CONTENT;
(B) ALL PAPER CARRYOUT BAGS SOLD, OFFERED FOR SALE, OR GIVEN AWAY FREE
IN THE STATE BY A MANUFACTURER SHALL CONTAIN, ON AVERAGE, AT LEAST FORTY
PERCENT POST-CONSUMER RECYCLED CONTENT; EXCEPT THAT A PAPER CARRYOUT BAG
THAT HOLDS EIGHT POUNDS OR LESS SHALL ONLY BE REQUIRED TO CONTAIN, ON
AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUMER RECYCLED CONTENT; AND
(C) ALL PLASTIC TRASH BAGS SOLD OR OFFERED FOR SALE IN THE STATE BY A
MANUFACTURER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-
CONSUMER RECYCLED CONTENT.
3. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO REUSABLE OR
REFILLABLE PACKAGING OR CONTAINERS.
§ 27-3431. RECYCLABILITY CRITERIA.
1. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
COVERED MATERIALS USED BY A PRODUCER SHALL MEET THE FOLLOWING RECYCLA-
BILITY CRITERIA:
(A) BE CAPABLE OF BEING SORTED BY ENTITIES THAT PROCESS RECYCLABLE
MATERIAL GENERATED IN THE STATE;
(B) HAS A CONSISTENT REGIONAL MARKET FOR PURCHASE, BY END USERS IN THE
PRODUCTION OF NEW PRODUCTS;
(C) DOES NOT CONTAIN THE FOLLOWING:
(I) NON-DETECTABLE PIGMENTS, INCLUDING BUT NOT LIMITED TO CARBON
BLACK;
(II) TOXIC SUBSTANCES AS DEFINED IN THIS TITLE OR RULES AND REGU-
LATIONS PROMULGATED THERETO;
(III) OPAQUE OR PIGMENTED POLYETHYLENE TEREPHTHALATE;
(IV) OXO-DEGRADABLE ADDITIVES, INCLUDING OXO-BIODEGRADABLE ADDITIVES;
(V) POLYETHYLENE TEREPHTHALATE GLYCOL IN RIGID PACKAGING;
(VI) LABEL CONSTRUCTIONS, INCLUDING ADHESIVES, INKS, MATERIALS AND
FORMATS, OR FEATURES THAT RENDER A PACKAGE DETRIMENTAL OR NON-RECYCLA-
BLE;
S. 4008--B 86
(VII) DOPS - POLYSTYRENE, INCLUDING EPS (EXPANDED POLYSTYRENE); AND
(VIII) POLYVINYL CHLORIDE, INCLUDING POLYVINYLIDENE CHLORIDE;
(D) MEETS THE POST-CONSUMER CONTENT REQUIREMENTS OF THIS TITLE; AND
(E) ANY OTHER CRITERIA DETERMINED BY THE DEPARTMENT.
2. THE DEPARTMENT SHALL MAINTAIN A LIST OF COVERED PRODUCTS THAT MEET
THIS CRITERIA AND ARE DEEMED TO BE RECYCLABLE. THE DEPARTMENT SHALL
UPDATE THIS LIST ANNUALLY.
§ 27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR GENERAL.
1. THE COMMISSIONER SHALL ESTABLISH AN INDEPENDENT OFFICE OF RECYCLING
INSPECTOR GENERAL WITHIN THE DEPARTMENT. THE RECYCLING INSPECTOR GENERAL
SHALL EVALUATE THE PROGRAMS CREATED PURSUANT TO THIS TITLE ON AN ANNUAL
BASIS TO ENSURE SUCH PROGRAMS ARE FUNCTIONING PROPERLY, AND ALL PRODUC-
ERS ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE.
2. THE RECYCLING INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO INVES-
TIGATE THE COMPLIANCE OF PRODUCERS WITH ALL PROVISIONS OF THIS TITLE AND
TO BRING ENFORCEMENT ACTIONS FOR VIOLATIONS OF THIS TITLE PURSUANT TO
THE PROVISIONS OF SECTION 27-3435 OF THIS TITLE.
§ 27-3435. PENALTIES AND ENFORCEMENT.
1. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE SHALL SUBJECT
THE ORGANIZATION OR AN INDIVIDUAL PRODUCER TO PENALTIES FOR VIOLATIONS.
THE DEPARTMENT, RECYCLING INSPECTOR GENERAL, OR ATTORNEY GENERAL, MAY
CONDUCT INVESTIGATIONS, INCLUDING INSPECTING OPERATIONS, FACILITIES, AND
RECORDS OF PRODUCERS AND ORGANIZATIONS, AND PERFORMING AUDITS OF PRODUC-
ERS AND ORGANIZATIONS, TO DETERMINE WHETHER SUCH PRODUCERS AND ORGANIZA-
TIONS ARE COMPLYING WITH THE REQUIREMENTS OF THIS TITLE.
2. THE DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, OR THE ATTORNEY
GENERAL, SHALL NOTIFY AN ORGANIZATION OR PRODUCER OF ANY CONDUCT OR
PRACTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND OF
ANY INCONSISTENCIES IDENTIFIED IN AN AUDIT.
3. THE DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, AND THE ATTORNEY
GENERAL, MAY ISSUE A NOTICE OF VIOLATION TO, AND IMPOSE AN ADMINISTRA-
TIVE CIVIL PENALTY NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS PER DAY
PER VIOLATION ON ANY ENTITY NOT IN COMPLIANCE WITH THIS TITLE OR ANY OF
THE REGULATIONS THE DEPARTMENT ADOPTS TO IMPLEMENT THIS TITLE. FOR THE
PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS SOLD, OFFERED FOR
SALE, OR DISTRIBUTED TO CONSUMERS VIA RETAIL COMMERCE IN THE STATE,
INCLUDING THROUGH AN INTERNET TRANSACTION, SHALL BE CONSIDERED A SEPA-
RATE VIOLATION.
4. ALL PRODUCERS REGISTERED IN A PACKAGING REDUCTION AND RECYCLING
ORGANIZATION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES
ASSESSED AGAINST THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION
PURSUANT TO THIS TITLE.
5. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR
PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL DENIED.
6. ALL MONIES COLLECTED PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE DEPOSITED INTO THE WASTE REDUCTION AND REUSE INFRASTRUCTURE
FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-BBBBB OF THE STATE
FINANCE LAW.
§ 27-3437. RULES AND REGULATIONS.
S. 4008--B 87
1. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE DEPARTMENT SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO
IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS TITLE.
2. WHEN PROMULGATING RULES PURSUANT TO THE PROVISIONS OF THIS SECTION,
THE DEPARTMENT SHALL SOLICIT INPUT FROM THE PUBLIC OF ANY DRAFT RULE OR
REGULATION TO IMPLEMENT THIS SECTION, INCLUDING AT A MINIMUM A NINETY-
DAY COMMENT PERIOD AND ONE PUBLIC HEARING ON SUCH DRAFT RULES.
§ 27-3439. STATE PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS
OF PACKAGING REDUCTION AND RECYCLING ORGANIZATIONS RELATING TO THE
RECOVERY OF COVERED MATERIALS SHALL, BY THIS TITLE, BE VESTED EXCLUSIVE-
LY IN THE STATE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL
PRECLUDE ANY CITY, TOWN, VILLAGE OR OTHER LOCAL PLANNING UNITS FROM
DETERMINING WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING IN A MUNICI-
PAL RECYCLING COLLECTION PROGRAM OR SHALL PRECLUDE ANY PERSON FROM COOR-
DINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF COVERED MATERIALS
AND PRODUCTS.
§ 27-3441. OTHER ASSISTANCE PROGRAMS.
NOTHING IN THIS TITLE SHALL IMPACT ANY PRODUCER ELIGIBILITY FOR ANY
STATE OR LOCAL INCENTIVE OR ASSISTANCE PROGRAM TO WHICH THEY ARE OTHER-
WISE ELIGIBLE.
§ 27-3443. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF
TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 3. The state finance law is amended by adding a new section 97-bbbbb
to read as follows:
§ 97-BBBBB. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND. 1. THERE
IS HEREBY CREATED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "WASTE
REDUCTION AND REUSE INFRASTRUCTURE FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOSITED INTO
THE FUND PURSUANT TO THE PROVISIONS OF TITLE THIRTY-FOUR OF ARTICLE
TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW. NOTHING CONTAINED
HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
THEM INTO THE FUND ACCORDING TO LAW.
3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE PURSUANT TO THE
PROVISIONS OF SECTION 27-3423 OF THE ENVIRONMENTAL CONSERVATION LAW,
SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
TION, AND ON THE AUDIT AND WARRANT OF THE COMPTROLLER.
§ 4. This act shall take effect immediately.
PART QQ
Section 1. Section 56-0501 of the environmental conservation law is
amended by adding a new subdivision 3 to read as follows:
3. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-THREE--TWO THOU-
SAND TWENTY-FOUR, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED WITH-
IN AVAILABLE APPROPRIATIONS.
§ 2. Subdivision 1 of section 56-0502 of the environmental conserva-
tion law is REPEALED.
§ 3. Subdivisions 1-a and 5 of section 56-0502 of the environmental
conservation law, subdivision 1-a as added and subdivision 5 as amended
S. 4008--B 88
by section 2 of part D of chapter 577 of the laws of 2004, are amended
and two new subdivisions 1 and 7 are added to read as follows:
1. "CONTAMINANT" SHALL MEAN HAZARDOUS WASTE AS DEFINED IN SECTION
27-1301 OF THIS CHAPTER, PETROLEUM AS DEFINED IN SECTION ONE HUNDRED
SEVENTY-TWO OF THE NAVIGATION LAW, PFAS SUBSTANCES AND EMERGING CONTAM-
INANTS AS DEFINED IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH
LAW, PROVIDED HOWEVER, THAT EMERGING CONTAMINANTS REMOVED FROM THE LIST
REQUIRED BY SUCH SECTION PURSUANT TO PARAGRAPH E OF SUBDIVISION THREE OF
SUCH SECTION SHALL NONETHELESS CONTINUE TO CONSTITUTE CONTAMINANTS UNDER
THIS SUBDIVISION.
1-a. "Contamination" or "contaminated" shall [have the same meaning as
provided in section 27-1405 of this chapter] MEAN THE PRESENCE OF A
CONTAMINANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL, SURFACE WATER,
GROUNDWATER, AIR, OR INDOOR AIR.
5. "Municipality", for purposes of this title, shall have the same
meaning as provided in subdivision fifteen of section 56-0101 of this
article, except that such term shall not refer to a municipality that
[generated, transported, or disposed of, arranged for, or that caused
the generation, transportation, or disposal of contamination located at
real property proposed to be investigated or to be remediated under an
environmental restoration project. For purposes of this title, the term
municipality includes a municipality acting in partnership with a commu-
nity based organization], THROUGH DELIBERATE ACTION OR INACTION, INTEN-
TIONALLY OR RECKLESSLY CAUSED OR CONTRIBUTED TO CONTAMINATION, OUTSIDE
OF ITS PERFORMANCE OF GOVERNMENTAL FUNCTIONS, WHICH THREATENS PUBLIC
HEALTH OR THE ENVIRONMENT, AT REAL PROPERTY TO BE INVESTIGATED OR REME-
DIATED UNDER AN ENVIRONMENTAL RESTORATION PROJECT.
7. "PFAS SUBSTANCES" SHALL MEAN A CLASS OF FLUORINATED ORGANIC
CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.
§ 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ-
mental conservation law, as amended by section 38 of part BB of chapter
56 of the laws of 2015, is amended to read as follows:
(c) A provision that the municipality shall assist in identifying a
responsible party by searching local records, including property tax
rolls, or document reviews, and if, in accordance with the required
departmental approval of any settlement with a responsible party, any
responsible party payments become available to the municipality, before,
during or after the completion of an environmental restoration project,
which were not included when the state share was calculated pursuant to
this section, [the state assistance share shall be recalculated, and]
THE VALUE OF SUCH SETTLEMENT SHALL BE USED BY THE MUNICIPALITY TO FUND
ITS MUNICIPAL SHARE, AND THE STATE ASSISTANCE SHARE SHALL NOT BE RECAL-
CULATED, TO THE EXTENT THAT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS IS
EQUAL TO OR LESS THAN THE MUNICIPAL SHARE. TO THE EXTENT THE TOTAL OF
ALL SUCH SETTLEMENT AMOUNTS EXCEEDS THE MUNICIPAL SHARE, the munici-
pality shall pay SUCH EXCEEDANCE to the state, for deposit into the
environmental restoration project account of the hazardous waste remedi-
al fund established under section ninety-seven-b of the state finance
law[, the difference between the original state assistance payment and
the recalculated state share. Recalculation of the state share shall be
done each time a payment from a responsible party is received by the
municipality];
§ 5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505
of the environmental conservation law, as amended by section 5 of part D
of chapter 1 of the laws of 2003, are amended and two new paragraphs (f)
and (g) are added to read as follows:
S. 4008--B 89
(a) the benefit to the environment AND PUBLIC HEALTH realized by the
expeditious remediation of the property proposed to be subject to such
project;
(d) real property in a designated brownfield opportunity area pursuant
to section nine hundred seventy-r of the general municipal law OR REAL
PROPERTY IN A DISADVANTAGED COMMUNITY PURSUANT TO SUBDIVISION FIVE OF
SECTION 75-0101 OF THIS CHAPTER; [and]
(e) the opportunity for other funding sources to be available for the
INVESTIGATION OR remediation of such property, including, but not limit-
ed to, enforcement actions against responsible parties (other than the
municipality to which state assistance was provided under this title; or
a successor in title, lender, or lessee who was not otherwise a respon-
sible party prior to such municipality taking title to the property),
state assistance payments pursuant to title thirteen of article twenty-
seven of this chapter, and the existence of private parties willing to
remediate such property using private funding sources. Highest priority
shall be granted to projects for which other such funding sources are
not available[.], EXCLUDING STATE OR FEDERAL FUNDS FOR THE INVESTIGATION
OR REMEDIATION PROJECT RECEIVED OR TO BE RECEIVED BY THE MUNICIPALITY;
(F) FOR DRINKING WATER CONTAMINATION SITES AS DEFINED IN SECTION
27-1201 OF THIS CHAPTER, ANY REQUIREMENTS MADE BY THE COMMISSIONER OF
HEALTH PURSUANT TO SECTION 27-1205 OF THIS CHAPTER, FOR A MUNICIPALLY
OWNED PUBLIC WATER SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERG-
ING CONTAMINANT OR CONTAMINANTS; AND
(G) ANY SUCH OTHER CRITERIA DEEMED APPROPRIATE BY THE DEPARTMENT.
§ 6. Subdivision 2 of section 56-0505 of the environmental conserva-
tion law is REPEALED.
§ 7. Subdivisions 3, 4, and 5 of section 56-0505 of the environmental
conservation law are renumbered subdivisions 2, 3, and 4 and subdivision
2, as amended by section 5 of part D of chapter 1 of the laws of 2003
and as renumbered by this section, is amended to read as follows:
2. The remediation objective of an environmental restoration remedi-
ation project shall meet the same standard for protection of public
health and the environment that applies to remedial actions undertaken
pursuant to [section] SECTIONS 27-1313 AND 27-1205 of this chapter.
§ 8. Subdivision 3 of section 56-0509 of the environmental conserva-
tion law, as amended by section 4 of part D of chapter 577 of the laws
of 2004, is amended to read as follows:
3. The state shall indemnify and save harmless any municipality[,]
THAT COMPLETES AN ENVIRONMENTAL RESTORATION REMEDIATION PROJECT IN
COMPLIANCE WITH THE TERMS AND CONDITIONS OF A STATE ASSISTANCE CONTRACT
OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF
THIS TITLE PROVIDING SUCH ASSISTANCE AND ANY successor in title, lessee,
or lender [identified in paragraph (a) of subdivision one of this
section in the amount of any judgment or settlement,] obtained against
such municipality, successor in title, lessee, or lender in any court
for any common law cause of action arising out of the presence of any
contamination in or on property at anytime before the effective date of
a contract entered into pursuant to this title WHERE SUCH MUNICIPALITY,
SUCCESSOR IN TITLE, LESSEE OR LENDER DID NOT, THROUGH DELIBERATE ACTION
OR INACTION, INTENTIONALLY OR RECKLESSLY CAUSE OR CONTRIBUTE TO THE
PRESENCE OF THE CONTAMINATION TO BE INVESTIGATED OR REMEDIATED UNDER THE
ENVIRONMENTAL RESTORATION PROJECT. Such municipality, successor in
title, lessee, or lender shall be entitled to representation by the
attorney general, unless the attorney general determines, or a court of
competent jurisdiction determines, that such representation would
S. 4008--B 90
constitute a conflict of interest, in which case the attorney general
shall certify to the comptroller that such party is entitled to private
counsel of its choice, and reasonable attorneys' fees and expenses shall
be reimbursed by the state. Any settlement of such an action shall be
subject to the approval of the attorney general as to form and amount,
and this subdivision shall not apply to any settlement of any such
action which has not received such approval.
§ 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter
413 of the laws of 1996, a memorandum of understanding shall not be
required to make available twenty million dollars ($20,000,000) from the
Clean Water/Clean Air Bond Act of 1996 for state assistance payments to
municipalities for environmental remediation in accordance with title 5
of article 56 of the environmental conservation law.
§ 10. This act shall take effect immediately.
PART RR
Intentionally Omitted
PART SS
Section 1. Section 33-0705 of the environmental conservation law, as
amended by section 1 of item NN of subpart B of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
§ 33-0705. Fee for registration.
The applicant for registration shall pay a fee as follows:
a. [On or before July 1, 2023, six] SIX hundred dollars for each
pesticide proposed to be registered, provided that the applicant has
submitted to the department proof in the form of a federal income tax
return for the previous year showing gross annual sales, for federal
income tax purposes, of three million five hundred thousand dollars or
less; AND
b. [On or before July 1, 2023, for] FOR all others, six hundred twenty
dollars for each pesticide proposed to be registered[;
c. After July 1, 2023, fifty dollars for each pesticide proposed to be
registered].
§ 2. Section 9 of chapter 67 of the laws of 1992, amending the envi-
ronmental conservation law relating to pesticide product registration
timetables and fees, as amended by section 2 of item NN of subpart B of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 9. This act shall take effect April 1, 1992 provided, however, that
section three of this act shall take effect July 1, 1993 [and shall
expire and be deemed repealed on July 1, 2023].
§ 3. This act shall take effect July 1, 2023.
PART TT
Section 1. Short title. This act shall be known and may be cited as
the "Suffolk county water quality restoration act".
§ 2. Legislative intent. The county of Suffolk ("county"), with a
population of one million five hundred thousand persons, has in excess
of three hundred eighty thousand existing onsite wastewater disposal
systems, comprised mostly of cesspools and septic systems, with two
hundred nine thousand of these onsite systems in environmentally sensi-
S. 4008--B 91
tive areas which could benefit from nitrogen-reducing technologies. The
United States Environmental Protection Agency recognizes Long Island as
having a sole source aquifer system for its drinking water supply.
Suffolk county has an imminent need to preserve this valuable water
resource by reducing the amount of nitrogen discharged into the ground-
water by onsite systems. The full water cycle is impacted by increasing
quantities of nutrients, pathogens, pesticides, volatile organic contam-
inants and saltwater intrusion, as well as a number of emerging threats
such as prescription drugs and sea level rise.
The Suffolk county subwatersheds wastewater plan ("SWP"), certified by
the department of environmental conservation as a Nine Elements
Watershed (9E) plan, has documented the devastating effects of high
levels of nitrogen pollution, not only on the drinking water quality,
but also on coastal ecosystems, dissolved oxygen, water clarity,
eelgrass, wetlands, shellfish, coastal resilience and in triggering
harmful algal blooms. The SWP, is a long-term plan to address the need
for wastewater treatment infrastructure throughout the county comprehen-
sively over a period of fifty years. The SWP delineates the source and
concentration of nitrogen loading in one hundred ninety-one subwat-
ersheds throughout the county, and establishes nitrogen reduction goals
for each watershed.
For many areas of the county, installing or connecting sewers is not a
practical or cost-effective method of treating wastewater. For that
reason, the SWP prescribes a hybrid approach that relies on sewering
where feasible, and the replacement of cesspools and septic systems with
innovative/alternative onsite wastewater treatment systems. The consol-
idation of any or all of the twenty-seven county sewer districts, as
well as unsewered areas of the county, into a county-wide wastewater
management district, the establishment of a water quality restoration
fund, and a county board of trustees to monitor progress and the allo-
cation of resources consistent with the goals of the SWP would allow for
the implementation of a much needed integrated long-term wastewater
solution for the county through comprehensive planning and management to
improve water quality.
The purpose of this act is to create a water quality restoration fund
to finance projects for the protection, preservation, and rehabilitation
of groundwater and surface waters as recommended by the SWP. This act
would allow the funding of projects that will mitigate wastewater pollu-
tants utilizing the best available technology consistent with the SWP.
The water quality restoration fund would be financed with a dedicated
and recurring revenue source by the enactment of an additional sales and
compensating use tax at the rate of one-eighth of one percent until
2060. Such tax would be enacted pursuant to a mandatory referendum.
This act shall also provide Suffolk county with the authority to
create a county-wide wastewater management district through the consol-
idation of existing county sewer districts with currently unsewered
areas of the county. A county-wide wastewater management district will
provide an integrated and efficient approach to managing wastewater
services across the county; allow the county to enhance and expand its
incentive program to property owners to upgrade their wastewater treat-
ment systems; to manage, monitor and enforce nitrogen reduction programs
throughout the county; complete additional sewer extension projects;
improve the economic wellbeing of communities; and provide an opportu-
nity to consolidate and streamline the county's existing sewer district
system and normalize the inequitable rate structure that has long
existed.
S. 4008--B 92
In addition, this act will extend the existing one-quarter of one
percent sales tax utilized to finance the county drinking water
protection program until 2060.
§ 3. The county law is amended by adding a new section 256-b to read
as follows:
§ 256-B. SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT. 1. (A)
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, INCLUDING THIS ARTICLE, THE COUNTY LEGISLATURE OF SUFFOLK
COUNTY IS HEREBY AUTHORIZED TO ESTABLISH BY RESOLUTION A SUFFOLK COUNTY
WASTEWATER MANAGEMENT DISTRICT, HEREINAFTER REFERRED TO IN THIS SECTION
AS THE "DISTRICT", WHICH SHALL INCLUDE ALL POWERS OF A SEWER DISTRICT
AND A WASTEWATER DISPOSAL DISTRICT AS PROVIDED IN SECTION TWO HUNDRED
FIFTY OF THIS ARTICLE AND AS SET FORTH IN THIS SUBDIVISION, PURSUANT TO
THE PROCEDURE CONTAINED IN THIS SECTION.
(B) IN ADDITION TO THE POWERS PROVIDED IN SECTION TWO HUNDRED FIFTY OF
THIS ARTICLE, THE DISTRICT SHALL HAVE THE POWER, AS DETERMINED BY THE
COUNTY LEGISLATURE, TO: (I) CONSOLIDATE ALL OF THE ORIGINAL COUNTY SEWER
DISTRICTS WITHIN THE COUNTY AS WELL AS UNSEWERED AREAS OF THE COUNTY,
UNDER THE JURISDICTION OF THE DISTRICT; (II) ESTABLISH ONE OR MORE ZONES
OF ASSESSMENT WITHIN THE DISTRICT, COTERMINOUS WITH THE TERRITORIAL
BOUNDARIES OF THE EXISTING COUNTY SEWER DISTRICTS, CONSOLIDATED PURSUANT
TO THIS SECTION, THE METHOD OF WASTEWATER COLLECTION, TREATMENT AND
DISPOSAL, EXISTING OR PROPOSED, OR BOTH, AND MAKE CHANGES TO SUCH ZONES
OF ASSESSMENTS; (III) ACQUIRE INTERESTS IN REAL PROPERTY WHICH MAY BE
COMPLETED BY THE TRANSFER OF PROPERTY OF ORIGINAL COUNTY SEWER DISTRICTS
TO THE DISTRICT, NECESSARY FOR THE INSTALLATION AND MAINTENANCE OF
DISTRICT FACILITIES; (IV) PRIORITIZE DISTRICT PROJECTS IN ACCORDANCE
WITH THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN (SWP) ADOPTED BY
THE COUNTY LEGISLATURE, AND ANY AMENDMENTS THERETO; (V) RECEIVE FUNDS
FROM THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND, AS ESTABLISHED
BY SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW, AND DISTRIBUTE
GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE WITH THE GOALS ESTAB-
LISHED IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN; (VI) ASSUME
AND PAY ANY REMAINING INDEBTEDNESS OF EACH ORIGINAL COUNTY SEWER
DISTRICT; (VII) WITHIN THE ZONES OF ASSESSMENT, ESTABLISH AND PROVIDE
FOR THE COLLECTION OF CHARGES, RATES, TAXES OR ASSESSMENTS TO PROVIDE
FOR THE COSTS OF OPERATION, EXPENSES, THE SUMS SUFFICIENT TO PAY THE
ANNUAL INSTALLMENT OF PRINCIPAL OF, AND INTEREST ON, OBLIGATIONS FOR
IMPROVEMENTS OF THE DISTRICT, MAINTENANCE AND IMPROVEMENTS OF THE
DISTRICT, INCLUDING BUT NOT LIMITED TO: (A) SPECIAL ASSESSMENT AS
DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL
PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS DEFINED IN SUBDIVISION
FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (C)
SEWER RENT AS PROVIDED UNDER ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL
LAW; (VIII) DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE
WITH THE GOALS ESTABLISHED IN THE SWP; AND (IX) ADOPT, AMEND AND REPEAL,
FROM TIME TO TIME, RULES AND REGULATIONS FOR THE OPERATION OF A COUNTY
DISTRICT. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE
COLLECTION OF CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS
SECTION OUTSIDE OF THE ESTABLISHED ZONES OF ASSESSMENT WITHIN THE UNSEW-
ERED PORTIONS OF THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS.
2. BOUNDARIES. THE BOUNDARIES OF THE DISTRICT UPON FORMATION SHALL
INCLUDE THE BOUNDARIES OF ALL COUNTY SEWER DISTRICTS CONSOLIDATED INTO
THE DISTRICT AND ALL UNSEWERED AREAS OF THE COUNTY. UNTIL SUCH TIME AS
A TOWN OR VILLAGE SEWER DISTRICT IS CONSOLIDATED INTO THE DISTRICT AS
SET FORTH IN SUBDIVISION TEN OF THIS SECTION, THE BOUNDARIES OF THE
S. 4008--B 93
DISTRICT SHALL NOT INCLUDE TERRITORIAL BOUNDARIES OF TOWN OR VILLAGE
SEWER DISTRICTS LOCATED WHOLLY OR IN PART IN THE COUNTY OF SUFFOLK.
3. COUNTY AGENCY REVIEW AND REPORT. THE COUNTY LEGISLATURE MAY DIRECT
THE COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED FIFTY-ONE OF THIS ARTICLE, TO, OR THE COUNTY AGENCY ON ITS OWN
MOTION MAY, REVIEW AND REPORT THEREON TO THE COUNTY LEGISLATURE ON THE
CREATION OF THE DISTRICT AND THE MERGER THEREWITH OF ANY OR ALL EXISTING
COUNTY SEWER DISTRICTS IN ACCORDANCE WITH THIS SECTION AND SUCH OTHER
DETAILS AS MAY BE DIRECTED BY THE COUNTY LEGISLATURE CONSISTENT WITH
THIS ARTICLE. WHEN THE AGENCY HAS CAUSED SUCH REPORT TO BE PREPARED, IT
SHALL TRANSMIT IT TO THE COUNTY LEGISLATURE. UPON RECEIPT OF THE REPORT,
THE COUNTY LEGISLATURE SHALL CALL A PUBLIC HEARING PURSUANT TO SUBDIVI-
SION FIVE OF THIS SECTION TO CREATE A SUFFOLK COUNTY WASTEWATER MANAGE-
MENT DISTRICT IN ACCORDANCE WITH THIS SECTION. SUCH REPORT SHALL BE
FILED IN THE OFFICE OF THE CLERK OF THE LEGISLATURE OF SUFFOLK COUNTY.
4. RESOLUTION. THE COUNTY LEGISLATURE OF SUFFOLK COUNTY MAY ADOPT A
RESOLUTION CALLING A PUBLIC HEARING UPON THE PROPOSED CREATION OF THE
DISTRICT.
5. NOTICE. THE CLERK OF THE COUNTY LEGISLATURE SHALL GIVE NOTICE OF
THE HEARING DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION IN SUCH NEWS-
PAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION TWO HUNDRED
FIFTY-FOUR OF THIS ARTICLE. SUCH NOTICE SHALL SPECIFY THE TIME, DATE
AND LOCATION OF SUCH HEARING AND, IN GENERAL TERMS, DESCRIBE THE
PROPOSED ESTABLISHMENT OF THE DISTRICT AND THE PROPOSED BASIS OF THE
FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVE-
MENTS OF THE DISTRICT.
6. HEARING AND RESOLUTION TO ESTABLISH. THE COUNTY LEGISLATURE SHALL
MEET AT THE TIME, DATE AND LOCATION SPECIFIED IN SUCH NOTICE AND HEAR
ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF CONCERNING THE
SAME. IF THE COUNTY LEGISLATURE DETERMINES THAT IT IS IN THE PUBLIC
INTEREST TO ESTABLISH THE DISTRICT AS SPECIFIED IN SUCH NOTICE, IT SHALL
FURTHER DETERMINE BY RESOLUTION: (I) WHETHER ALL PROPERTY AND PROPERTY
OWNERS WITHIN THE PROPOSED DISTRICT ARE BENEFITED THEREBY; AND (II)
WHETHER ALL OF THE PROPERTY AND PROPERTY OWNERS BENEFITED ARE INCLUDED
WITHIN THE LIMITS OF THE PROPOSED DISTRICT, THE COUNTY LEGISLATURE MAY
ADOPT A RESOLUTION, SUBJECT TO A PERMISSIVE REFERENDUM, ESTABLISHING THE
DISTRICT.
7. NOTICE OF ADOPTION OF RESOLUTION. WITHIN TEN DAYS AFTER THE
ADOPTION BY THE COUNTY LEGISLATURE OF THE RESOLUTION TO ESTABLISH THE
DISTRICT DESCRIBED IN SUBDIVISION SIX OF THIS SECTION, THE COUNTY LEGIS-
LATURE SHALL GIVE NOTICE THEREOF, AT THE EXPENSE OF THE COUNTY, BY THE
PUBLICATION OF A NOTICE IN SUCH NEWSPAPERS AND WITHIN SUCH TIME PERIOD
AS SET FORTH IN SECTION ONE HUNDRED OF THIS CHAPTER. SUCH NOTICE SHALL
SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION AND CONTAIN AN ABSTRACT
OF SUCH RESOLUTION, DESCRIBING, IN GENERAL TERMS, THE DISTRICT, THE
BASIS FOR THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE
AND IMPROVEMENTS, AND THAT SUCH RESOLUTION WAS ADOPTED SUBJECT TO A
PERMISSIVE REFERENDUM.
8. ASSESSMENTS, LEVIES AND CHARGES. AFTER THE ESTABLISHMENT OF THE
DISTRICT IN ACCORDANCE WITH THIS SECTION, THE COUNTY IS HEREBY AUTHOR-
IZED BY RESOLUTION APPROVED BY MAJORITY VOTE OF THE TOTAL MEMBERSHIP OF
THE COUNTY LEGISLATURE TO ASSESS, LEVY AND COLLECT UPON EACH LOT OR
PARCEL OF LAND WITHIN THE ZONES OF ASSESSMENT ESTABLISHED BY THIS
SECTION: (A) SPECIAL ASSESSMENTS AS THAT TERM IS DEFINED IN SUBDIVISION
FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B)
SPECIAL AD VALOREM LEVY AS THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN
S. 4008--B 94
OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; AND (C) SEWER
RENTS AS PROVIDED BY ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL LAW.
SUCH COSTS AND EXPENSES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE
AMOUNT OF MONEY REQUIRED TO PAY THE ANNUAL EXPENSES OF MAINTENANCE,
OPERATION, PERSONNEL SERVICES OF THE DISTRICT AND THE SUMS SUFFICIENT TO
PAY THE ANNUAL INSTALLMENT OF PRINCIPAL OF, AND INTEREST ON, OBLIGATIONS
FOR IMPROVEMENTS OF THE DISTRICT. SUCH SUMS SO LEVIED SHALL BE
COLLECTED BY THE LOCAL TAX COLLECTORS OR RECEIVERS OF TAXES AND ASSESS-
MENTS AND SHALL BE PAID OVER TO THE CHIEF FISCAL OFFICER OF THE COUNTY,
IN THE SAME MANNER AND AT THE SAME TIME AS TAXES LEVIED FOR GENERAL
COUNTY PURPOSES. THE CHIEF FISCAL OFFICER SHALL KEEP A SEPARATE ACCOUNT
OF SUCH MONEYS AND THEY SHALL BE USED ONLY FOR PURPOSES SET FORTH IN
THIS SECTION, AND IN ADDITION, ALL MONIES COLLECTED FROM EACH ZONE OF
ASSESSMENT ESTABLISHED OR AMENDED IN ACCORDANCE WITH THIS SECTION SHALL
BE FURTHER SEGREGATED AND SHALL NOT BE COMMINGLED WITH MONIES OF OTHER
ZONES OF ASSESSMENT EXCEPT UPON APPROVAL BY RESOLUTION OF THE COUNTY
LEGISLATURE UPON RECOMMENDATION OF THE BOARD OF TRUSTEES ESTABLISHED IN
ACCORDANCE WITH THE SUFFOLK COUNTY WATER QUALITY RESTORATION ACT. NOTH-
ING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF
CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE
OF THE ESTABLISHED ZONES OF ASSESSMENT WITHIN THE UNSEWERED PORTIONS OF
THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS.
8-A. RECORDING DETERMINATION. THE CLERK OF THE COUNTY LEGISLATURE
SHALL WITHIN TEN DAYS AFTER THE EFFECTIVE DATE OF THE RESOLUTION CREAT-
ING THE DISTRICT CAUSE A CERTIFIED COPY TO BE RECORDED IN THE OFFICE OF
THE CLERK OF THE COUNTY AND WHEN SO RECORDED SUCH ORDER SHALL BE
PRESUMPTIVE EVIDENCE OF THE REGULARITY OF THE PROCEEDINGS FOR THE
CREATION OF THE DISTRICT AND OF ALL OTHER ACTION TAKEN BY THE COUNTY
LEGISLATURE PURSUANT TO THIS SECTION. A CERTIFIED COPY SHALL ALSO BE
FILED IN THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL IN
ALBANY, NEW YORK.
9. OTHER LAWS. ALL PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE
SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME,
NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, RELATING TO THE
ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS,
AD VALOREM LEVIES AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF
EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM LEVIES
AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF CHARGES, RATES,
TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE OF THE ESTAB-
LISHED ZONES OF ASSESSMENT WITHIN THE UNSEWERED PORTIONS OF THE DISTRICT
OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS.
10. TOWNS AND VILLAGES. THIS SECTION SHALL NOT BE CONSTRUED AS MERGING
THE SEWER DISTRICTS OF TOWNS AND VILLAGES WITHIN THE COUNTY OF SUFFOLK
INTO THE DISTRICT CREATED BY THIS SECTION, PROVIDED, HOWEVER, THAT THE
MERGER OF ANY TOWN OR VILLAGE SEWER DISTRICT, OR VILLAGE SEWERAGE
SYSTEM, WITH THE DISTRICT SHALL BE UPON PETITION OF A TOWN OR VILLAGE,
IN ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE,
AND, UPON THE ADOPTION OF AN ORDER AS SET FORTH THEREIN, THE TOWN OR
VILLAGE SEWER DISTRICT, OR VILLAGE SEWERAGE SYSTEM, IF SO DETERMINED BY
THE COUNTY LEGISLATURE OF SUFFOLK, SHALL BE MERGED INTO AND CONSOLIDATED
WITH THE DISTRICT, AND THE BOUNDARIES OF THE DISTRICT SHALL BE DEEMED
EXTENDED.
11. WATER QUALITY RESTORATION FUND. (A) NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, THE COUNTY OF SUFFOLK SHALL DEPOSIT THE NET
COLLECTIONS FROM THE SALES AND COMPENSATING USE TAX AUTHORIZED BY
S. 4008--B 95
SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW INTO THE SUFFOLK
COUNTY WATER QUALITY RESTORATION FUND ESTABLISHED IN ACCORDANCE THERE-
WITH, AND SHALL UTILIZE ALL MONIES TRANSFERRED FROM THE FUND CONSISTENT
WITH THIS SECTION. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED
TO PREVENT THE FINANCING IN WHOLE OR IN PART, PURSUANT TO THE LOCAL
FINANCE LAW, OF ANY PROJECT AUTHORIZED PURSUANT TO THIS SECTION. MONIES
FROM THE FUND MAY BE UTILIZED TO REPAY ANY INDEBTEDNESS OR OBLIGATIONS
INCURRED PURSUANT TO THE LOCAL FINANCE LAW CONSISTENT WITH EFFECTUATING
THE PURPOSES OF THIS SECTION. WHERE SUFFOLK COUNTY FINANCES A PROJECT,
IN WHOLE, OR IN PART, PURSUANT TO THE LOCAL FINANCE LAW, THE RESOLUTION
AUTHORIZING SUCH INDEBTEDNESS SHALL BE ACCOMPANIED BY A REPORT FROM THE
COUNTY EXECUTIVE DEMONSTRATING HOW SAID INDEBTEDNESS WILL BE REPAID BY
THE FUND. SAID REPORT SHALL INCLUDE AN ESTIMATE OF PROJECTED REVENUES OF
THE FUND DURING THE PERIOD OF INDEBTEDNESS. THE REPORT SHALL ALSO
PROVIDE AN ACCOUNTING OF ALL OTHER INDEBTEDNESS INCURRED AGAINST THE
FUND TO BE REPAID FOR THE SAME PERIOD. THE COUNTY LEGISLATURE SHALL
MAKE FINDINGS BY RESOLUTION THAT THERE WILL BE SUFFICIENT REVENUE TO
REPAY SUCH INDEBTEDNESS IN ITS ENTIRETY FROM THE FUND BEFORE AUTHORIZING
SUCH INDEBTEDNESS. MONIES IN SAID FUND MAY BE APPROPRIATED FROM OR
EXPENDED IN ANY FISCAL YEAR TO IMPLEMENT THE POWERS SET FORTH IN THIS
SECTION AND TO REPAY ANY INDEBTEDNESS OR OBLIGATIONS INCURRED PURSUANT
TO THE LOCAL FINANCE LAW FOR THE PURPOSES AUTHORIZED PURSUANT TO THIS
SECTION.
(B) (I) WATER QUALITY IMPROVEMENT PROJECTS SHALL BE ELIGIBLE FOR FUND-
ING PURSUANT TO THIS SECTION. FOR PURPOSES OF THIS SECTION, "WATER
QUALITY IMPROVEMENT PROJECTS" SHALL MEAN THE PLANNING, DESIGN,
CONSTRUCTION, ACQUISITION, ENLARGEMENT, EXTENSION, OR ALTERATION OF A
COUNTY, TOWN OR VILLAGE WASTEWATER TREATMENT FACILITY, INCLUDING INDI-
VIDUAL HOOKUPS, OR AN INDIVIDUAL SEPTIC SYSTEM, INCLUDING AN ALTERNATIVE
WASTEWATER TREATMENT FACILITY OR AN INDIVIDUAL SEPTIC SYSTEM WITH ACTIVE
TREATMENT, TO TREAT, NEUTRALIZE, STABILIZE, ELIMINATE OR PARTIALLY ELIM-
INATE SEWAGE OR REDUCE POLLUTANTS, INCLUDING PERMANENT OR PILOT DEMON-
STRATION WASTEWATER TREATMENT PROJECTS, OR EQUIPMENT OR FURNISHINGS
THEREOF. IN THE CASE OF INDIVIDUAL SEPTIC SYSTEM PROJECTS, THE FUNDING
OF THE OPERATION AND MAINTENANCE OF SUCH PROJECTS SHALL BE INCLUDED IN
THE DEFINITION OF "WATER QUALITY IMPROVEMENT PROJECTS". SUCH PROJECTS
SHALL HAVE AS THEIR PURPOSE THE REMEDIATION OF EXISTING WATER QUALITY TO
MEET SPECIFIC WATER QUALITY STANDARDS CONSISTENT WITH THE SWP. PROJECTS
CONSISTENT WITH OR LISTED IN THE SWP THAT ARE PART OF A PLAN ADOPTED BY
A LOCAL GOVERNMENT RESULTING IN A NET NITROGEN REDUCTION SHALL BE ELIGI-
BLE FOR CONSIDERATION BY THE BOARD OF TRUSTEES, ESTABLISHED IN ACCORD-
ANCE WITH SUBDIVISION SIX OF THIS SECTION.
(II) OF THE ANNUAL COLLECTIONS OF THE FUND, ADMINISTRATION OF THE
COUNTY WASTEWATER MANAGEMENT DISTRICT SHALL NOT EXCEED TEN PERCENT. NOT
LESS THAN SEVENTY-FIVE PERCENT OF THE REMAINING ANNUAL FUNDS AFTER
ADMINISTRATION SHALL BE USED TOWARD FUNDING INDIVIDUAL SEPTIC SYSTEMS
PROJECTS. IN ADDITION TO WATER QUALITY IMPROVEMENT PROJECTS, OTHER
ELIGIBLE EXPENDITURES FROM THE FUND SHALL INCLUDE THE PREPARATION OF AN
ANNUAL SWP IMPLEMENTATION ACTION PLAN TO PROTECT, PRESERVE, AND REHABIL-
ITATE GROUNDWATER, SURFACE WATER, AND DRINKING WATER.
(III) OTHER THAN FOR THE PAYMENT OF INDEBTEDNESS OR OBLIGATIONS
INCURRED AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT
FOR THE PREPARATION OF THE SWP IMPLEMENTATION PLAN, ITSELF, NO MONIES
MAY BE EXPENDED UNTIL THE SWP IMPLEMENTATION PLAN HAS BEEN PREPARED AND
APPROVED AS PROVIDED FOR IN THIS SECTION.
S. 4008--B 96
(C) (I) WITHIN THE LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHING THE
SUFFOLK COUNTY WATER QUALITY RESTORATION FUND, PURSUANT TO SECTION ONE
THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW, THE COUNTY SHALL ESTABLISH A
BOARD OF TRUSTEES OF TWENTY-ONE MEMBERS TO PREPARE, REVIEW AND APPROVE
THE SWP IMPLEMENTATION PLAN FOR SUBMISSION TO THE COUNTY EXECUTIVE AND
COUNTY LEGISLATURE AND SHALL SPECIFY THE POWERS AND DUTIES OF THE BOARD
OF TRUSTEES, INCLUDING THE PROCEDURES FOR APPOINTMENT OF A CHAIRPERSON.
SUCH APPROVAL SHALL BE IN ADDITION TO ALL OTHER APPROVALS REQUIRED BY
LAW. THE BOARD OF TRUSTEES SHALL CONSIST OF: (A) A REPRESENTATIVE FROM
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; (B) A REPRESENTATIVE FROM
THE EAST END SUPERVISORS AND MAYORS ASSOCIATION; (C) A REPRESENTATIVE OF
THE SUFFOLK TOWN SUPERVISORS ASSOCIATION; (D) A REPRESENTATIVE OF THE
SUFFOLK COUNTY VILLAGE OFFICIALS ASSOCIATION; (E) A TOWN REPRESENTATIVE
FROM THE STATE CENTRAL PINE BARRENS JOINT PLANNING AND POLICY COMMISSION
TO BE DESIGNATED BY THE COMMISSION; (F) A MUNICIPAL REPRESENTATIVE FROM
THE PECONIC ESTUARY PARTNERSHIP; (G) A MUNICIPAL REPRESENTATIVE FROM THE
STATE SOUTH SHORE ESTUARY RESERVE; (H) A MUNICIPAL REPRESENTATIVE FROM
THE LONG ISLAND SOUND ESTUARY; (I) A REPRESENTATIVE OF THE LONG ISLAND
FEDERATION OF LABOR; (J) A REPRESENTATIVE OF BUILDING AND CONSTRUCTION
TRADES COUNCIL OF NASSAU & SUFFOLK COUNTIES; (K) A REPRESENTATIVE FROM A
REGIONAL ENVIRONMENTAL ORGANIZATION; (L) THE CHAIR OF THE SUFFOLK COUNTY
PLANNING COMMISSION; (M) THE COUNTY EXECUTIVE OR DESIGNEE; (N) THE
PRESIDING OFFICER OF THE COUNTY LEGISLATURE OR DESIGNEE; (O) THE MINORI-
TY LEADER OF THE COUNTY LEGISLATURE OR DESIGNEE; (P) THE COUNTY DEPART-
MENT OF PUBLIC WORKS COMMISSIONER OR DESIGNEE; (Q) THE COUNTY DEPARTMENT
OF HEALTH SERVICES COMMISSIONER OR DESIGNEE; (R) A REPRESENTATIVE FROM A
REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION; (S) A REPRESENTATIVE FROM
THE LIQUID WASTE INDUSTRY; (T) A REPRESENTATIVE FROM THE SUFFOLK COUNTY
ALLIANCE OF CHAMBERS, INC.; AND (U) A REPRESENTATIVE FROM THE LONG
ISLAND CONTRACTORS ASSOCIATION.
(II) THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES SHALL OVERSEE THE
ANNUAL AUDIT PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, MAKING
PRUDENT RECOMMENDATIONS FOR RESOURCE ALLOCATIONS FOR COUNTY-APPROVED
ALTERNATIVE WASTEWATER TREATMENT TECHNOLOGIES NOT CONTEMPLATED IN THE
SUFFOLK COUNTY SUBWATERSHEDS WASTEWATER PLAN AND LONG-TERM PROGRESS
MONITORING OF THE IMPLEMENTATION OF THE SUFFOLK COUNTY SUBWATERSHEDS
WASTEWATER PLAN REGARDING ACHIEVEMENTS OF NITROGEN LOAD REDUCTIONS AND
ECOLOGICAL ENDPOINTS.
(D) ANNUAL SWP IMPLEMENTATION PLAN. THE BOARD OF TRUSTEES SHALL
PREPARE, REVIEW AND APPROVE AND SUBMIT TO THE COUNTY EXECUTIVE THE SWP
IMPLEMENTATION PLAN WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION, AND IN EVERY FIVE YEARS THEREAFTER IN A LIKE MANNER. THE BOARD
OF TRUSTEES SHALL CONDUCT A PUBLIC HEARING ON SAID PLAN BEFORE ITS
ADOPTION OR SUBSEQUENT AMENDMENT. SAID PLAN SHALL LIST EVERY WATER QUAL-
ITY RESTORATION PROJECT WHICH THE COUNTY PLANS TO UNDERTAKE PURSUANT TO
THE FUND AND SHALL STATE HOW SUCH PROJECT WOULD IMPROVE EXISTING WATER
QUALITY. FUNDS MAY ONLY BE EXPENDED PURSUANT TO THIS SECTION FOR
PROJECTS WHICH HAVE BEEN INCLUDED IN SAID PLAN. SAID PLAN SHALL BE
CONSISTENT WITH STATE, FEDERAL, COUNTY, AND LOCAL GOVERNMENT LAND USE
AND WASTEWATER MANAGEMENT PLANS. AFTER SUBMISSION AND APPROVAL BY THE
COUNTY EXECUTIVE, SUCH PLAN SHALL BE SUBMITTED TO THE COUNTY LEGISLA-
TURE. UPON REVIEW, THE COUNTY LEGISLATURE SHALL DETERMINE, BY LOCAL
LAW, WHETHER TO APPROVE THE PROPOSED PLAN, IF THE PLAN IS DENIED, THE
PLAN SHALL BE REMANDED TO THE BOARD OF TRUSTEES FOR FURTHER STUDY. SUCH
PLAN SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY LOCAL LAW. PROJECTS
S. 4008--B 97
MAY BE ADDED OR REMOVED FROM THE CURRENTLY EFFECTIVE SWP IMPLEMENTATION
PLAN IN A LIKE MANNER.
(E) ANNUAL AUDIT. THE COUNTY SHALL ANNUALLY COMMISSION AN INDEPENDENT
AUDIT OF THE FUND. THE AUDIT SHALL BE CONDUCTED BY AN INDEPENDENT CERTI-
FIED PUBLIC ACCOUNTANT OR AN INDEPENDENT PUBLIC ACCOUNTANT. SAID AUDIT
SHALL BE PERFORMED BY A CERTIFIED PUBLIC ACCOUNTANT OR AN INDEPENDENT
PUBLIC ACCOUNTANT OTHER THAN THE ONE THAT PERFORMS THE GENERAL AUDIT OF
THE COUNTY'S FINANCES. SUCH AUDIT SHALL BE AN EXAMINATION OF THE FUND
AND SHALL DETERMINE WHETHER THE FUND HAS BEEN ADMINISTERED CONSISTENT
WITH THE PROVISIONS OF THIS SECTION AND ALL OTHER APPLICABLE PROVISIONS
OF STATE LAW. SAID AUDIT SHALL BE INITIATED WITHIN SIXTY DAYS OF THE
CLOSE OF THE FISCAL YEAR OF THE COUNTY AND SHALL BE COMPLETED WITHIN ONE
HUNDRED TWENTY DAYS OF THE CLOSE OF THE FISCAL YEAR. A COPY OF THE
AUDIT SHALL BE SUBMITTED ANNUALLY TO THE STATE COMPTROLLER AND THE COUN-
TY COMPTROLLER. A COPY OF THE AUDIT SHALL BE MADE AVAILABLE TO THE
PUBLIC WITHIN THIRTY DAYS OF ITS COMPLETION. A NOTICE OF THE COMPLETION
OF THE AUDIT SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE COUNTY
AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITE FOR THE COUNTY. THE
COST OF THE AUDIT MAY BE A CHARGE TO THE FUND.
(F) ANNUAL REPORT. IN ADDITION TO ANY OTHER REPORT REQUIRED BY THIS
SECTION, THE BOARD OF TRUSTEES, THROUGH ITS CHAIRPERSON, SHALL DELIVER
ANNUALLY A REPORT TO THE COUNTY LEGISLATURE. SUCH REPORT SHALL BE
PRESENTED BY MAY FIFTEENTH OF EACH YEAR. THE REPORT SHALL DESCRIBE IN
DETAIL THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRA-
TIVE ACTIVITIES OF THE WATER QUALITY FUND AND DISTRICT ESTABLISHED IN
ACCORDANCE WITH THIS SECTION, DURING THE PRIOR YEAR. AT THE CONCLUSION
OF THE REPORT, THE CHAIRPERSON OF THE BOARD OF TRUSTEES SHALL BE
PREPARED TO ANSWER THE QUESTIONS OF THE COUNTY LEGISLATURE WITH RESPECT
TO THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRATIVE
ACTIVITIES DURING THE PAST YEAR.
§ 4. Paragraph a of section 11.00 of the local finance law is amended
by adding a new subdivision 109 to read as follows:
109. SEPTIC SYSTEMS. THE ACQUISITION, CONSTRUCTION, OR RECONSTRUCTION
OF OR ADDITION TO SEPTIC SYSTEMS FUNDED BY PROGRAMS ESTABLISHED BY THE
COUNTY OF SUFFOLK, TWENTY-FIVE YEARS.
§ 4-a. Subdivisions (a) and (d) of section 1210-A of the tax law, as
amended by chapter 683 of the laws of 2007, are amended to read as
follows:
(a) In addition to the taxes imposed by section twelve hundred ten or
any other provision of this article, the county of Suffolk is hereby
authorized and empowered to adopt and amend a local law, ordinance or
resolution imposing within the territorial limits of said county an
additional sales and compensating use tax at the rate of one-quarter of
one percent for the period beginning December first, nineteen hundred
eighty-four and ending November thirtieth, two thousand [thirty] SIXTY,
which tax shall be identical to the tax imposed by said county pursuant
to section twelve hundred ten of this article. Except as hereinafter
provided, all provisions of this article, including the definition and
exemption provisions and the provisions relating to the administration,
collection and distribution by the commissioner, shall apply for
purposes of the tax imposed by this section in the same manner and with
the same force and effect as if the language of this article had been
incorporated in full in this section and had expressly referred to the
tax imposed by this section; provided, however, that any provision
relating to a maximum rate shall be calculated without reference to the
additional sales and compensating use tax herein authorized. For
S. 4008--B 98
purposes of part IV of this article, relating to the disposition of
revenues resulting from taxes collected and administered by the commis-
sioner, the additional sales and compensating use tax herein provided
shall be deemed to be imposed under the authority of section twelve
hundred ten of this article and all provisions relating to the deposit,
administration and disposition of taxes, penalties and interest relating
to a tax imposed by a county under the authority of section twelve
hundred ten of this article shall, except as otherwise specifically
provided in this section, apply to the additional sales and compensating
use tax imposed pursuant to this section.
(d) Notwithstanding any other provision of this article to the contra-
ry, the net collections from the tax imposed pursuant to subdivision (a)
of this section for the period beginning December first, nineteen
hundred eighty-eight and ending November thirtieth, two thousand [thir-
ty] SIXTY shall, upon payment to the county of Suffolk, be deposited in
a special fund, to be designated as a drinking water protection reserve
fund, to be created by said county therefor separate and apart from any
other funds and accounts of the county. Moneys in such fund shall be
deposited in one or more of the banks or trust companies designated, in
the manner provided by law, as a depository of the funds of such county.
Pending expenditure from such fund, moneys therein may be invested in
the manner provided in section eleven of the general municipal law. Any
interest earned or capital gain realized on the moneys so deposited or
invested shall accrue to and become part of such fund. Moneys in said
fund may be appropriated from and transferred to or expended in any
fiscal year only for the purposes of making payments pursuant to subdi-
visions (b) and (c) of this section for the period beginning December
first, nineteen hundred eighty-eight, to the extent that moneys in said
fund are remaining, and if authorized by local law, for the following
purposes:
(i) for the purposes of specific environmental protection (acquisition
of: farmland development rights; open space, wetlands, woodlands, pine
barrens and other lands for passive recreational uses; lands for hamlet
greens, hamlet parks, pocket parks, historic parks, cultural parks and
other lands for active/parkland recreational uses; lands necessary for
maintaining and protecting the quality of surface water, groundwater and
coastal resources);
(ii) for a water quality protection and restoration program or
programs and land stewardship initiatives;
(iii) for the purposes of county-wide property tax protection; and
(iv) for the purpose of sewer taxpayer protection.
Notwithstanding any special or local law, resolution or charter
provision to the contrary, moneys in said fund which have not been
appropriated from and transferred to or expended in any fiscal year for
the purposes of making payments pursuant to subdivisions (b) and (c) of
this section, may alternatively be appropriated for the purposes of
paying debt service on any new indebtedness incurred after the effective
date of the chapter of the laws of two thousand one that enacted this
paragraph pursuant to the local finance law in order to effectuate the
purposes described in paragraph (i) or (ii) of this subdivision. For the
purpose of allocating moneys in said fund pursuant to local law among
the purposes described in paragraphs (i), (ii), (iii) and (iv) of this
subdivision, moneys applied to the payment of debt service under the
authority of the previous sentence shall be considered by said county to
have been expended for the purposes for which such indebtedness was
incurred.
S. 4008--B 99
§ 4-b. The tax law is amended by adding a new section 1210-F to read
as follows:
§ 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE SUFFOLK
COUNTY WATER QUALITY RESTORATION FUND. (A) IN ADDITION TO THE TAXES
IMPOSED BY SECTION TWELVE HUNDRED TEN, SECTION TWELVE HUNDRED TEN-A, OR
ANY OTHER PROVISION OF THIS ARTICLE, THE COUNTY OF SUFFOLK IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR
RESOLUTION, SUBJECT TO A MANDATORY REFERENDUM, IN ACCORDANCE WITH THE
PROVISIONS SET FORTH IN SECTION TWENTY-THREE OF THE MUNICIPAL HOME RULE
LAW, IMPOSING WITHIN THE TERRITORIAL LIMITS OF SAID COUNTY AN ADDITIONAL
SALES AND COMPENSATING USE TAX AT THE RATE OF ONE-EIGHTH OF ONE PERCENT
FOR THE PERIOD BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-FOUR AND
ENDING FEBRUARY TWENTY-NINTH, TWO THOUSAND SIXTY, WHICH TAX SHALL BE
IDENTICAL TO THE TAX IMPOSED BY SAID COUNTY PURSUANT TO SECTION TWELVE
HUNDRED TEN OF THIS ARTICLE. EXCEPT AS HEREINAFTER PROVIDED, ALL
PROVISIONS OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION
PROVISIONS AND THE PROVISIONS RELATING TO THE ADMINISTRATION, COLLECTION
AND DISTRIBUTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE
TAX IMPOSED BY THIS SECTION IN THE SAME MANNER AND WITH THE SAME FORCE
AND EFFECT AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN
FULL IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE TAX IMPOSED BY
THIS SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXI-
MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE ADDITIONAL SALES
AND COMPENSATING USE TAX HEREIN AUTHORIZED. FOR PURPOSES OF PART IV OF
THIS ARTICLE, RELATING TO THE DISPOSITION OF REVENUES RESULTING FROM
TAXES COLLECTED AND ADMINISTERED BY THE COMMISSIONER, THE ADDITIONAL
SALES AND COMPENSATING USE TAX HEREIN PROVIDED SHALL BE DEEMED TO BE
IMPOSED UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS ARTI-
CLE AND ALL PROVISIONS RELATING TO THE DEPOSIT, ADMINISTRATION AND
DISPOSITION OF TAXES, PENALTIES AND INTEREST RELATING TO A TAX IMPOSED
BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
ARTICLE SHALL, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS
SECTION, APPLY TO THE ADDITIONAL SALES AND COMPENSATING USE TAX IMPOSED
PURSUANT TO THIS SECTION.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA-
RY, THE NET COLLECTIONS FROM THE TAX IMPOSED PURSUANT TO SUBDIVISION (A)
OF THIS SECTION FOR THE PERIOD BEGINNING MARCH FIRST, TWO THOUSAND TWEN-
TY-FOUR AND ENDING FEBRUARY TWENTY-NINTH, TWO THOUSAND SIXTY SHALL, UPON
PAYMENT TO THE COUNTY OF SUFFOLK, BE DEPOSITED IN A SPECIAL FUND, TO BE
DESIGNATED AS THE WATER QUALITY RESTORATION FUND TO BE CREATED BY SAID
COUNTY THEREFOR SEPARATE AND APART FROM ANY OTHER FUNDS AND ACCOUNTS OF
THE COUNTY. MONEYS IN SUCH FUND SHALL BE DEPOSITED AND SECURED IN THE
MANNER PROVIDED BY SECTION TEN OF THE GENERAL MUNICIPAL LAW AND IN NO
EVENT SHALL MONEYS DEPOSITED BE TRANSFERRED TO ANY OTHER ACCOUNT. IN
ADDITION TO THE NET COLLECTIONS FROM THE TAX, DEPOSITS INTO THE FUND MAY
INCLUDE REVENUES OF SUFFOLK COUNTY FROM WHATEVER SOURCE AND MAY INCLUDE
THE ACCEPTANCE OF GIFTS. PENDING EXPENDITURE FROM SUCH FUND, MONEYS
THEREIN MAY BE INVESTED IN THE MANNER PROVIDED IN SECTION ELEVEN OF THE
GENERAL MUNICIPAL LAW. ANY INTEREST EARNED OR CAPITAL GAIN REALIZED ON
THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF
SUCH FUND. MONEYS IN SAID FUND MAY BE APPROPRIATED FROM AND TRANSFERRED
TO OR EXPENDED IN ANY FISCAL YEAR ONLY FOR THE PURPOSES AUTHORIZED BY
SUBDIVISION ELEVEN OF SECTION TWO HUNDRED FIFTY-SIX-B OF THE COUNTY LAW.
§ 5. This act shall take effect immediately.
PART UU
S. 4008--B 100
Section 1. Paragraph (a) of section 11.00 of the local finance law is
amended by adding a new subdivision 109 to read as follows:
109. LEAD SERVICE LINE REPLACEMENT PROGRAMS ESTABLISHED BY A MUNICI-
PALITY, SCHOOL DISTRICT OR DISTRICT CORPORATION, INCLUDING, BUT NOT
LIMITED TO PROGRAMS THAT INVENTORY, DESIGN AND REPLACE PUBLICLY OWNED
AND PRIVATELY OWNED LEAD SERVICE LINES WITHIN AN ESTABLISHED WATER
SYSTEM, THIRTY YEARS. AS USED IN THIS SUBDIVISION, "LEAD SERVICE LINE"
MEANS A SERVICE LINE MADE IN WHOLE OR IN PART OF LEAD, WHICH CONNECTS A
WATER MAIN TO A BUILDING INLET. A LEAD SERVICE LINE MAY BE OWNED BY THE
WATER SYSTEM, A PROPERTY OWNER, OR BOTH. A LEAD GOOSENECK, PIGTAIL, OR
CONNECTOR SHALL BE ELIGIBLE FOR REPLACEMENT REGARDLESS OF THE SERVICE
LINE MATERIAL TO WHICH A LEAD GOOSENECK, PIGTAIL, OR CONNECTOR IS
ATTACHED. GOOSENECK, PIGTAIL, OR CONNECTOR MEANS A SHORT SECTION OF
PIPING, TYPICALLY NOT EXCEEDING TWO FEET, WHICH CAN BE BENT AND USED FOR
CONNECTIONS BETWEEN RIGID SERVICE PIPING. A GALVANIZED IRON OR STEEL
SERVICE LINE IS CONSIDERED A LEAD SERVICE LINE IF IT EVER WAS OR IS
CURRENTLY DOWNSTREAM OF ANY LEAD SERVICE LINE OR SERVICE LINE OF UNKNOWN
MATERIAL.
§ 2. This act shall take effect immediately.
PART VV
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2023 to the department of agriculture and markets from the
special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the department
of agriculture and markets' participation in general ratemaking
proceedings pursuant to section 65 of the public service law or certif-
ication proceedings pursuant to article 7 or 10 of the public service
law, shall be deemed expenses of the department of public service within
the meaning of section 18-a of the public service law. No later than
August 15, 2023, the commissioner of the department of agriculture and
markets shall submit an accounting of such expenses, including, but not
limited to, expenses in the 2023--2024 state fiscal year for personal
and non-personal services and fringe benefits, to the chair of the
public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated in a chapter of the laws of
2023 to the department of state from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the activities of the department of
state's utility intervention unit pursuant to subdivision 4 of section
94-a of the executive law, including, but not limited to participation
in general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings pursuant to article 7 or 10 of
the public service law, and expenses related to the activities of the
major renewable energy development program established by section 94-c
of the executive law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15, 2023, the secretary of state shall submit
an accounting of such expenses, including, but not limited to, expenses
in the 2023--2024 state fiscal year for personal and non-personal
S. 4008--B 101
services and fringe benefits, to the chair of the public service commis-
sion for the chair's review pursuant to the provisions of section 18-a
of the public service law.
§ 3. Expenditures of moneys appropriated in a chapter of the laws of
2023 to the office of parks, recreation and historic preservation from
the special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the office of
parks, recreation and historic preservation's participation in general
ratemaking proceedings pursuant to section 65 of the public service law
or certification proceedings pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15, 2023, the commissioner of the office of parks,
recreation and historic preservation shall submit an accounting of such
expenses, including, but not limited to, expenses in the 2023--2024
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 4. Expenditures of moneys appropriated in a chapter of the laws of
2023 to the department of environmental conservation from the special
revenue funds-other/state operations, environmental conservation special
revenue fund-301, utility environmental regulation account shall be
subject to the provisions of this section. Notwithstanding any other
provision of law to the contrary, direct and indirect expenses relating
to the department of environmental conservation's participation in state
energy policy proceedings, or certification proceedings pursuant to
article 7 or 10 of the public service law, shall be deemed expenses of
the department of public service within the meaning of section 18-a of
the public service law. No later than August 15, 2023, the commissioner
of the department of environmental conservation shall submit an account-
ing of such expenses, including, but not limited to, expenses in the
2023--2024 state fiscal year for personal and non-personal services and
fringe benefits, to the chair of the public service commission for the
chair's review pursuant to the provisions of section 18-a of the public
service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15,
2023, the commissioner of the department of health shall submit an
accounting of expenses in the 2023--2024 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, 2023 and shall
expire and be deemed repealed April 1, 2024.
PART WW
S. 4008--B 102
Section 1. Section 11-102 of the energy law is amended by adding a new
subdivision 17 to read as follows:
17. "ALL-ELECTRIC READY." A BUILDING, PROJECT, OR PORTION THEREOF THAT
CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY
FOR A FUTURE RETROFIT OF A MIXED-FUEL BUILDING TO AN ALL-ELECTRIC BUILD-
ING, INCLUDING SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR
RACEWAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH
RETROFIT. THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL
PROMULGATE GUIDELINES FOR AN ELECTRIC-READY BUILDING ON OR BEFORE JANU-
ARY FIRST, TWO THOUSAND TWENTY-FOUR.
§ 2. Section 11-104 of the energy law is amended by adding three new
subdivisions 7, 8 and 9 to read as follows:
7. IN ADDITION TO THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION,
TO SUPPORT THE GOAL OF ZERO ON-SITE GREENHOUSE GAS EMISSIONS AND HELP
ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT
LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITHIN CHAP-
TER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS
THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE
CODE SHALL PROHIBIT INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT USED
FOR THE COMBUSTION OF FOSSIL FUELS IN NEW CONSTRUCTION STATEWIDE NO
LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR IF THE BUILD-
ING IS LESS THAN SEVEN STORIES AND JULY FIRST, TWO THOUSAND TWENTY-EIGHT
IF THE BUILDING IS SEVEN STORIES OR MORE.
8. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SEVEN OF THIS
SECTION:
(A) THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL EXEMPT
SYSTEMS FOR EMERGENCY BACK-UP POWER, OR BUILDINGS SPECIFICALLY DESIG-
NATED FOR OCCUPANCY BY A COMMERCIAL FOOD ESTABLISHMENT, LABORATORY,
LAUNDROMAT, HOSPITAL, OR CREMATORIUM BUT IN DOING SO SHALL SEEK TO MINI-
MIZE EMISSIONS AND MAXIMIZE HEALTH, SAFETY, AND FIRE PROTECTION. IN SUCH
CASES, THE CODE SHALL LIMIT THE INFRASTRUCTURE, BUILDING SYSTEMS, OR
EQUIPMENT USED FOR THE COMBUSTION OF FOSSIL FUELS TO THE SYSTEM AND AREA
OF A BUILDING FOR WHICH A PROHIBITION ON INFRASTRUCTURE, BUILDING
SYSTEMS, OR EQUIPMENT USED FOR THE COMBUSTION OF FOSSIL FUELS IS INFEA-
SIBLE. TO THE FULLEST EXTENT FEASIBLE, THE CODE SHALL REQUIRE THAT THE
AREA OR SERVICE WITHIN THE PROJECT WHERE INFRASTRUCTURE, BUILDING
SYSTEMS, OR EQUIPMENT USED FOR THE COMBUSTION OF FOSSIL FUELS ARE
INSTALLED SHALL BE ALL-ELECTRIC READY. FINANCIAL CONSIDERATIONS SHALL
NOT BE A SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBIL-
ITY. EXEMPTIONS OR WAIVERS PROVIDED UNDER THIS SUBDIVISION SHALL BE
REVIEWED DURING EACH MAJOR CODE UPDATE CYCLE TO DETERMINE WHETHER THEY
ARE STILL NEEDED.
(B) THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL EXEMPT
AGRICULTURAL BUILDINGS AS DEFINED BY THE CODE COUNCIL FROM THE
PROVISIONS OF SUBDIVISION SEVEN.
9. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR OTHERWISE CONSTRUED
AS PREEMPTING A MUNICIPALITY FROM PROHIBITING INFRASTRUCTURE, BUILDING
SYSTEMS, OR EQUIPMENT THAT USES OR COMBUSTS FOSSIL FUELS.
§ 3. The energy law is amended by adding a new section 11-111 to read
as follows:
§ 11-111. ADDITIONAL REPORTING. ON OR BEFORE FEBRUARY FIRST, TWO THOU-
SAND TWENTY-FOUR, THE DEPARTMENT OF PUBLIC SERVICE, THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF STATE, AND THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL REPORT JOINTLY TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF
S. 4008--B 103
THE ASSEMBLY, REGARDING WHAT CHANGES TO ELECTRIC RATE DESIGNS, NEW OR
EXISTING SUBSIDY PROGRAMS, POLICIES, OR LAWS ARE NECESSARY TO ENSURE
THAT SUBDIVISIONS SEVEN AND EIGHT OF SECTION 11-104 OF THIS ARTICLE DO
NOT DIMINISH THE PRODUCTION OF AFFORDABLE HOUSING OR THE AFFORDABILITY
OF ELECTRICITY FOR CUSTOMERS IN ALL-ELECTRIC BUILDINGS. FOR THE PURPOSE
OF THIS SUBDIVISION, "AFFORDABILITY OF ELECTRICITY" SHALL MEAN THAT
ELECTRICITY DOES NOT COST MORE THAN SIX PERCENT OF A RESIDENTIAL CUSTOM-
ER'S INCOME.
§ 4. Section 1005 of the public authorities law is amended by adding a
new subdivision 30 to read as follows:
30. TO ESTABLISH, ADMINISTER, IMPLEMENT, AND FINANCE ANY PROGRAMS
ESTABLISHED PURSUANT TO ARTICLE FOUR-D OF THE PUBLIC BUILDINGS LAW AND
TO CREATE PROCESSES FOR APPLICATION REVIEW AND ALLOCATION OF FUNDS FOR
SUCH PROGRAMS, AND TO CONSULT, COOPERATE AND COORDINATE WITH ANY STATE
ENTITY AS REQUIRED OR AUTHORIZED IN ARTICLE FOUR-D OF THE PUBLIC BUILD-
INGS LAW.
§ 5. The public buildings law is amended by adding a new article 4-D
to read as follows:
ARTICLE 4-D
DECARBONIZATION OF STATE-OWNED FACILITIES
SECTION 90. DEFINITIONS.
91. DECARBONIZATION REQUIREMENTS.
92. TRACKING AND REPORTING.
93. PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM.
§ 90. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "STATE-OWNED FACILITY" INCLUDES "BUILDING" AS DEFINED IN SECTION
EIGHTY-ONE OF THIS CHAPTER, "DORMITORY" AS DEFINED IN SECTION THREE
HUNDRED SEVENTY OF THE EDUCATION LAW, AND "FACILITY" AS DEFINED IN
SECTION THREE HUNDRED SEVENTY OF THE EDUCATION LAW.
2. "DISADVANTAGED COMMUNITIES" HAS THE SAME MEANING AS DEFINED IN
SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
3. "HIGHEST-EMITTING FACILITIES" MEANS THE FIFTEEN STATE-OWNED FACILI-
TIES THAT PRODUCE THE MOST EMISSIONS AND COLLECTIVELY ACCOUNT FOR AT
LEAST THIRTY PERCENT OF THE GREENHOUSE GAS EMISSIONS AS RECORDED BY THE
AUTHORITY'S BUILD SMART NY PROGRAM ESTABLISHED PURSUANT TO EXECUTIVE
ORDER EIGHTY-EIGHT OF TWO THOUSAND TWELVE.
4. "DECARBONIZATION" AND "DECARBONIZE" MEANS ELIMINATING ALL ON-SITE
COMBUSTION OF FOSSIL FUELS AND CRITERIA POLLUTANTS WITH THE EXCEPTION OF
BACK-UP EMERGENCY GENERATORS AND, TO THE GREATEST EXTENT FEASIBLE,
PRODUCING OR PURCHASING ELECTRICITY THAT IS ONE HUNDRED PERCENT RENEWA-
BLE.
5. "PROGRAM" MEANS THE PUBLIC BUILDINGS DECARBONIZATION AND JOBS
PROGRAM ESTABLISHED PURSUANT TO SECTION NINETY-THREE OF THIS ARTICLE.
6. "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW
YORK.
7. "THERMAL ENERGY" HAS THE SAME MEANING AS DEFINED IN SECTION TWO OF
THE PUBLIC SERVICE LAW.
8. "THERMAL ENERGY NETWORK" MEANS ALL REAL ESTATE, FIXTURES AND
PERSONAL PROPERTY OPERATED, OWNED, USED OR TO BE USED FOR OR IN
CONNECTION WITH OR TO FACILITATE A DISTRIBUTION INFRASTRUCTURE PROJECT
THAT SUPPLIES THERMAL ENERGY.
§ 91. DECARBONIZATION REQUIREMENTS. 1. NO LATER THAN DECEMBER THIRTY-
FIRST, TWO THOUSAND THIRTY, TOTAL ON-SITE GREENHOUSE GAS EMISSIONS SHALL
BE REDUCED ACROSS ALL STATE-OWNED FACILITIES TO BE AT LEAST FIFTY
PERCENT LOWER COMPARED TO A JANUARY FIRST, TWO THOUSAND TWENTY-FOUR
BASELINE. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-FIVE,
S. 4008--B 104
TOTAL ON-SITE GREENHOUSE GAS EMISSIONS SHALL BE REDUCED ACROSS ALL
STATE-OWNED FACILITIES TO BE AT LEAST SEVENTY-FIVE PERCENT LOWER
COMPARED TO A JANUARY FIRST, TWO THOUSAND TWENTY-FOUR BASELINE. NO LATER
THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FORTY, ALL STATE-OWNED FACILI-
TIES SHALL HAVE ZERO TOTAL ON-SITE GREENHOUSE GAS EMISSIONS.
2. OPERATORS OF STATE-OWNED FACILITIES MAY APPLY TO THE AUTHORITY FOR
A TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION. ANY
EXEMPTIONS MAY BE FOR UP TO TWO YEARS FROM THE DATE OF APPROVAL, AND ANY
EXTENSION OF EXEMPTION PERIOD SHALL NEED TO BE RESUBMITTED AND REEVALU-
ATED UPON EXPIRATION, PROVIDED NO SUCH PERIOD OF A SINGLE EXTENSION MAY
BE LONGER THAN TWO YEARS. THE AUTHORITY SHALL ONLY APPROVE APPLICATIONS
FOR EXEMPTIONS FOR MAINTAINING SYSTEM RELIABILITY OR IF ALL REASONABLE
ATTEMPTS TO COVER THE COSTS OF DECARBONIZATION, INCLUDING APPLICATION
FOR FEDERAL FUNDS AND RECEIVING SUPPORT FROM THE AUTHORITY, HAVE BEEN
EXHAUSTED, PROVIDED THAT SUCH FACILITY HAS MADE REASONABLE PROGRESS
TOWARD DECARBONIZATION GOALS OF THIS SECTION.
§ 92. TRACKING AND REPORTING. 1. THE AUTHORITY, IN COOPERATION WITH
THE STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL: (A) ESTAB-
LISH A BASELINE OF ON-SITE GREENHOUSE GAS EMISSIONS FROM ALL STATE-OWNED
FACILITIES AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR; AND (B) TRACK
ON-SITE GREENHOUSE GAS EMISSIONS OF STATE-OWNED FACILITIES AND THEIR
PROGRESS IN COMPLYING WITH THE REQUIREMENTS OF SECTION NINETY-ONE OF
THIS ARTICLE. ALL STATE-OWNED FACILITIES SHALL FURNISH SUCH INFORMATION
AND ASSISTANCE AS THE AUTHORITY DETERMINES IS NECESSARY FOR IMPLEMENTA-
TION OF THE PROVISIONS OF THIS ARTICLE.
2. THE AUTHORITY SHALL ISSUE A REPORT TO THE GOVERNOR, SPEAKER OF THE
ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE ON MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, ON THE
PROGRESS MADE TO MEET THE GREENHOUSE GAS EMISSIONS REDUCTION REQUIRE-
MENTS SET FORTH IN SECTION NINETY-ONE OF THIS ARTICLE, THE NUMBER AND
TYPE OF PROJECTS COMPLETED, STATUS OF CURRENT OR INCOMPLETE PROJECTS,
THE NUMBER OF JOBS CREATED PURSUANT TO SUCH PROJECTS, THE NUMBER OF
LOCAL HIRES, INCLUDING THE PERCENTAGE FROM DISADVANTAGED COMMUNITIES.
SUCH REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC ON THE AUTHORI-
TY'S WEBSITE.
§ 93. PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM. 1. (A) THE
AUTHORITY IS HEREBY DIRECTED TO ESTABLISH AND ADMINISTER THE PUBLIC
BUILDINGS DECARBONIZATION AND JOBS PROGRAM, AS PRESCRIBED IN THIS
SECTION, TO PROVIDE FUNDING, TECHNICAL ASSISTANCE AND OTHER RESOURCES AS
NECESSARY TO PLAN AND IMPLEMENT DECARBONIZATION PROJECTS AT THE
HIGHEST-EMITTING FACILITIES, INCLUDING CONSTRUCTION OF THERMAL ENERGY
NETWORKS AND INSTALLATION OF OTHER COMPLEMENTARY MEASURES SUCH AS BUILD-
ING WEATHERIZATION, ELECTRICAL UPGRADES, INSTALLATION OF HEAT PUMPS, AND
ON-SITE RENEWABLE ENERGY GENERATION.
(B) NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE AUTHORITY
SHALL PROVIDE AWARDS OF AT LEAST FIVE MILLION DOLLARS EACH TO THE
HIGHEST-EMITTING FACILITIES FOR FIFTEEN STATE-OWNED FACILITIES TO DEVEL-
OP SHOVEL-READY DECARBONIZATION PLANS FOR THE INSTALLATION AND OPERATION
OF THERMAL ENERGY NETWORKS AND OTHER COMPLEMENTARY MEASURES NECESSARY TO
DECARBONIZE THE FACILITY, INCLUDING WITHOUT LIMITATION, BUILDING WEATH-
ERIZATION, ELECTRICAL UPGRADES, INSTALLATION OF HEAT PUMPS AND ON-SITE
RENEWABLE ELECTRICITY OR RENEWABLE THERMAL ENERGY PRODUCTION. THE RECIP-
IENTS OF THE AWARD MAY STUDY AND CHOOSE THE BEST OPTION FOR DECARBONIZA-
TION, INCLUDING CONSIDERATION OF THE THERMAL ENERGY NETWORKS AND COMPLE-
MENTARY METHODS, BASED ON THE SCALE AND TECHNICAL REQUIREMENTS FOR THEIR
SITE. THE DECARBONIZATION PLANS SHALL INCLUDE ANY FEASIBILITY STUDIES,
S. 4008--B 105
ENGINEERING REPORTS, AND OTHER PREPARATORY WORK NECESSARY TO DETERMINE A
PROJECT BUDGET, ESTIMATED PROJECT LENGTH FOR THE INSTALLATION AND OPERA-
TION OF THERMAL ENERGY NETWORKS OR OTHER MEASURES TO DECARBONIZE THE
FACILITY. SUCH PLANS SHALL BE REQUIRED TO BE COMPLETED NO LATER THAN
APRIL FIRST, TWO THOUSAND TWENTY-FIVE, AND SHALL BE PUBLISHED PUBLICLY
ON THE WEBSITE OF THE AUTHORITY. ANY FUNDING RECEIVED PURSUANT TO THIS
PARAGRAPH SHALL BE USED EXCLUSIVELY TO CONDUCT THE STUDIES AND REPORTS
REQUIRED BY THIS SUBDIVISION, AND COMPLETE DECARBONIZATION PROJECTS AT
THE HIGHEST-EMITTING FACILITIES. ANY STATE-OWNED FACILITY RECEIVING
AWARDS PURSUANT TO THIS SECTION SHALL CONSIDER IN ITS FEASIBILITY
STUDIES AND ENGINEERING REPORTS THE POSSIBILITY OF INCLUDING NEARBY
BUILDINGS THAT ARE NOT STATE-OWNED IN SUCH NETWORK.
(C) NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE AUTHORITY
SHALL MAKE AVAILABLE A TOTAL OF AT LEAST THIRTY MILLION DOLLARS IN
GRANTS TO FUND WORK ON DECARBONIZATION PROJECTS THAT ARE ALREADY SHOVEL
READY, AT STATE-OWNED FACILITIES ACROSS THE STATE THAT ARE PREPARING TO
INSTALL THERMAL ENERGY NETWORKS.
(D) NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE AUTHORITY
SHALL MAKE AVAILABLE A TOTAL OF AT LEAST TEN MILLION DOLLARS IN GRANTS
TO FUND PREPARATION AND IMPLEMENTATION OF ELECTRIFICATION AND WEATHERI-
ZATION AT STATE-OWNED FACILITIES ACROSS THE STATE THAT ARE PREPARING TO
INSTALL THERMAL ENERGY NETWORKS.
(E) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE AUTHORITY SHALL
CONSULT AND COORDINATE WITH, AND PROVIDE ANY TECHNICAL ASSISTANCE NECES-
SARY FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION TO, THE OFFICE
OF GENERAL SERVICES, THE STATE UNIVERSITY OF NEW YORK, THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, OR ANY OTHER OWNER OR OPERATOR OF
STATE-OWNED FACILITIES. THE AUTHORITY MAY ASK AND SHALL RECEIVE FROM THE
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF GENERAL
SERVICES, THE STATE UNIVERSITY OF NEW YORK, THE DORMITORY AUTHORITY, AND
ANY OWNERS OR OPERATORS OF STATE-OWNED FACILITIES, ANY INFORMATION OR
ASSISTANCE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES UNDER THIS
SECTION.
(F) ANY WORK CONDUCTED PURSUANT TO, OR USING FUNDS PROVIDED PURSUANT
TO, THIS SECTION SHALL COMPLY WITH THE LABOR AND COMMUNITY PROVISIONS
REQUIRED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
2. NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SEVEN, THE AUTHORITY
IN COORDINATION WITH THE STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
SHALL IDENTIFY ALL STATE-OWNED FACILITIES THAT ARE LOCATED IN DISADVAN-
TAGED COMMUNITIES, AND SHALL PROVIDE FUNDING, TECHNICAL ASSISTANCE AND
OTHER RESOURCES AS NECESSARY TO PLAN AND IMPLEMENT DECARBONIZATION
PROJECTS AT STATE-OWNED FACILITIES LOCATED IN DISADVANTAGED COMMUNITIES
THAT ARE NOT THE HIGHEST-EMITTING FACILITIES.
3. ANY PROJECT FUNDED OR CREATED PURSUANT TO THIS SECTION SHALL BE
DEEMED PUBLIC WORK PROJECTS SUBJECT TO ARTICLES EIGHT AND NINE OF THE
LABOR LAW AND INCLUDE THE FOLLOWING REQUIREMENTS:
(A) FOR ALL CONSTRUCTION WORK, THE PUBLIC OWNER, OR A THIRD PARTY
ACTING ON BEHALF OF SUCH PUBLIC OWNER, SHALL ENTER INTO A PROJECT LABOR
AGREEMENT, AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR
LAW, WITH A BONA FIDE BUILDING AND CONSTRUCTION TRADES LABOR ORGANIZA-
TION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING
REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK.
(B) FOR ANY BUILDING SERVICES WORK ASSOCIATED WITH THE PROJECT OR
PERMANENT INSTALLATION OF DECARBONIZATION COMPONENTS, PAYMENT AND
ENFORCEMENT OF PREVAILING WAGE CONSISTENT WITH ARTICLE NINE OF THE LABOR
LAW.
S. 4008--B 106
(C) FOR ANY OPERATIONS AND MAINTENANCE WORK ASSOCIATED WITH THE PERMA-
NENT INSTALLATION OF DECARBONIZATION COMPONENTS, SUCH AS THERMAL ENERGY
NETWORKS, THE PUBLIC ENTITY SHALL REQUIRE A LABOR PEACE AGREEMENT WITH
AT LEAST ONE BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY REPRESENTING
EMPLOYEES IN SUCH JOB-TYPE OR, UPON NOTICE, BY A BONA FIDE LABOR ORGAN-
IZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES IN SUCH JOB-TYPE.
INDIVIDUALS ELIGIBLE FOR SUCH EMPLOYMENT POSITIONS SHALL FIRST BE
SELECTED FROM AND OFFERED TO A POOL OF TRANSITIONING UTILITY WORKERS WHO
HAVE LOST, OR ARE AT RISK OF LOSING, THEIR EMPLOYMENT WITH A UTILITY
DOWNSIZING ITS GAS TRANSMISSION AND DISTRIBUTION SYSTEM. SUCH LIST OF
POTENTIAL EMPLOYEES SHALL BE PROVIDED BY AFFECTED UNIONS AND PROVIDED TO
THE COMMISSIONER OF LABOR, WHO SHALL UPDATE AND PROVIDE SUCH LIST TO THE
AUTHORITY, OR THE RELEVANT STATE-OWNED FACILITY, NINETY DAYS PRIOR TO
THE PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY DECARBONIZATION
PROJECT CREATED UNDER THIS SECTION.
(D) (I) THE INCLUSION OF CONTRACT LANGUAGE WITH A PROVISION THAT THE
IRON AND STRUCTURAL STEEL USED OR SUPPLIED ON THE "PUBLIC WORK" FOR
PURPOSES OF THIS PARAGRAPH, IN THE PERFORMANCE OF THE CONTRACT OR ANY
SUBCONTRACT THERETO AND THAT IS PERMANENTLY INCORPORATED INTO THE PUBLIC
WORK, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE
UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF A STRUC-
TURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANUFACTURING SHALL TAKE
PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE
APPLICATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE
REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF THIS SUBDIVISION,
"PERMANENTLY INCORPORATED" SHALL MEAN AN IRON OR STEEL PRODUCT THAT IS
REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A
FIXED LOCATION, AFFIXED TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED.
IRON AND STEEL PRODUCTS THAT ARE CAPABLE OF BEING MOVED FROM ONE
LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPORATED INTO A PUBLIC WORK.
(II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT
APPLY IF THE HEAD OF THE PUBLIC ENTITY CONSTRUCTING THE PUBLIC WORKS, IN
HIS OR HER SOLE DISCRETION, DETERMINES THAT THE PROVISIONS WOULD NOT BE
IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS, OR THAT
OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD INCREASE THE
COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR STEEL,
INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND STRUCTURAL STEEL CANNOT
BE PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY
AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY. THE HEAD OF THE PUBLIC
ENTITY CONSTRUCTING THE PUBLIC WORKS SHALL INCLUDE SUCH DETERMINATION IN
AN ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION
FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR
BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTENDING
TO RESULT IN A CONTRACT PURSUANT TO THIS SUBDIVISION. THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY FOR EQUIPMENT
PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
(E) APPRENTICESHIP AND WORKFORCE DEVELOPMENT UTILIZATION: (I) WHEREVER
POSSIBLE, CONTRACTORS AND SUBCONTRACTORS SHALL BE REQUIRED TO PARTIC-
IPATE IN APPRENTICESHIP PROGRAMS, REGISTERED IN ACCORDANCE WITH ARTICLE
TWENTY-THREE OF THE LABOR LAW, IN THE TRADES IN WHICH THEY ARE PERFORM-
ING WORK; (II) FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, THE USE
OF WORKFORCE TRAINING, PREFERABLY IN CONJUNCTION WITH A BONA FIDE LABOR
ORGANIZATION, SHALL BE REQUIRED; (III) ENCOURAGEMENT OF REGISTERED PRE-
APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE RECRUITMENT OF LOCAL AND/OR
DISADVANTAGED WORKERS.
S. 4008--B 107
(F) AT LEAST FORTY PERCENT OF THE FUNDING FOR WORKFORCE DEVELOPMENT
PROGRAMS, PRE-APPRENTICESHIP PROGRAMS, AND NECESSARY WRAPAROUND SERVICES
UTILIZED FOR THE PROGRAMS ESTABLISHED PURSUANT TO THIS ARTICLE SHALL
BENEFIT RESIDENTS OF DISADVANTAGED COMMUNITIES.
4. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. NOTHING IN
THIS ARTICLE SHALL RESULT IN: (I) THE DISPLACEMENT OF ANY CURRENTLY
EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT
SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOY-
MENT BENEFITS OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE
BARGAINING AGREEMENTS; (II) THE TRANSFER OF EXISTING DUTIES AND FUNC-
TIONS; OR (III) THE TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY
CURRENTLY EMPLOYED WORKER OF THE STATE OR ANY AGENCY, PUBLIC AUTHORITY
OR THE STATE UNIVERSITY OF NEW YORK.
(B) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR DECARBONIZA-
TION PROJECTS, THE AGENCY, PUBLIC AUTHORITY OR THE STATE UNIVERSITY OF
NEW YORK SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT:
(I) ESTIMATES THE NUMBER OF CURRENT POSITIONS THAT WOULD BE ELIMINATED
OR SUBSTANTIALLY CHANGED AS A RESULT OF THE PROPOSED BUILDING DECARBONI-
ZATION PROJECT, AND THE NUMBER OF POSITIONS EXPECTED TO BE CREATED BY
THE BUILDING DECARBONIZATION PROJECT; (II) IDENTIFIES GAPS IN SKILLS OF
ITS CURRENT WORKFORCE THAT ARE NEEDED TO OPERATE AND MAINTAIN THERMAL
ENERGY NETWORKS; (III) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION,
TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE DECARBONIZATION
PROJECTS; AND (IV) CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR
RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED DECARBONIZATION
PROJECTS.
(C) NOTHING IN THIS ARTICLE SHALL LIMIT THE RIGHTS OF EMPLOYEES PURSU-
ANT TO A COLLECTIVE BARGAINING AGREEMENT OR ALTER THE EXISTING REPRESEN-
TATIONAL RELATIONSHIPS AMONG COLLECTIVE BARGAINING REPRESENTATIVES OR
THE BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND ANY COLLECTIVE
BARGAINING REPRESENTATIVE. EMPLOYEES OF PUBLIC ENTITIES SERVING IN POSI-
TIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE APPROPRIATE
BARGAINING UNIT.
(D) PRIOR TO BEGINNING THE PROCUREMENT PROCESS FOR DECARBONIZATION
PROJECTS, THE STATE AGENCY, PUBLIC AUTHORITY OR THE STATE UNIVERSITY OF
NEW YORK SHALL INFORM ITS EMPLOYEES' COLLECTIVE BARGAINING REPRESEN-
TATIVE OF ANY POTENTIAL IMPACT ON ITS MEMBERS OR UNIT, INCLUDING POSI-
TIONS THAT MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF SUCH
PROJECTS.
5. THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE
APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ON THE IMPLEMENTATION OF THE
PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION, AND THOSE ACTIVITIES UNDERTAKEN PURSUANT TO THIS
SECTION, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, THE CHAIR OF THE SENATE CORPORATIONS, AUTHORI-
TIES, AND COMMISSIONS COMMITTEE, THE CHAIR OF THE ASSEMBLY CORPORATIONS,
AUTHORITIES, AND COMMISSIONS COMMITTEE, THE CHAIR OF THE ASSEMBLY ENERGY
COMMITTEE AND THE CHAIR OF THE SENATE ENERGY COMMITTEE.
§ 6. This act shall take effect immediately.
PART XX
Intentionally Omitted
S. 4008--B 108
PART YY
Section 1. Section 4 of part LL of chapter 58 of the laws of 2019
amending the public authorities law relating to the provision of renewa-
ble power and energy by the Power Authority of the State of New York is
amended to read as follows:
§ 4. This act shall take effect immediately; provided, however, that
the provisions of sections two and three of this act shall expire on
June 30, [2024] 2044 when upon such date the provisions of such sections
shall be deemed repealed, provided that such repeal shall not affect or
impair any act done, any right, permit or authorization accrued or
acquired, or any liability incurred, prior to the time such repeal takes
effect, and provided further that any project or contract that was
awarded by the power authority of the state of New York prior to such
repeal shall be permitted to continue under this act notwithstanding
such repeal.
§ 2. This act shall take effect immediately.
PART ZZ
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
2021. 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, 2023 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2023. 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
S. 4008--B 109
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, 2023.
PART AAA
Section 1. Legislative findings and declaration. 1. Pursuant to arti-
cle 75 of the environmental conservation law, as added by the Climate
Leadership and Community Protection Act, the department of environmental
conservation must promulgate regulations, by January 1, 2024, to ensure
achievement of the statewide greenhouse gas emission limits, as defined
and established therein. Among other requirements, the regulations
promulgated by such department pursuant to section 75-0109 of the envi-
ronmental conservation law must ensure that the aggregate emissions of
greenhouse gases from greenhouse gas emission sources will not exceed
the statewide greenhouse gas emissions limits established in section
75-0107 of the environmental conservation law; include legally enforcea-
ble emissions limits, performance standards, or measures or other
requirements to control emissions from greenhouse gas emission sources;
do not result in a net increase in co-pollutant emissions or otherwise
disproportionately burden disadvantaged communities; and reflect, in
substantial part, the findings of the scoping plan prepared by the
Climate Action Council pursuant to section 75-0103 of the environmental
conservation law.
2. The scoping plan prepared by the Climate Action Council pursuant to
section 75-0103 of the environmental conservation law recommends that
New York State adopt an economy-wide cap and invest program to, among
other purposes, ensure achievement of the statewide greenhouse gas emis-
sion limits.
3. An economy-wide cap and invest program would meet the requirements
of section 75-0109 of the environmental conservation law.
§ 2. Subdivision 1 of section 75-0101 of the environmental conserva-
tion law, as added by chapter 106 of the laws of 2019, is amended and
fourteen new subdivisions 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
27, 28 and 29 are added to read as follows:
1. "Allowance" means an authorization to emit, during a specified
year, up to [one ton of carbon dioxide equivalent] A FIXED AMOUNT OF
CARBON DIOXIDE EQUIVALENT.
16. "CAP AND INVEST PROGRAM" SHALL MEAN THE PROGRAM, AS ESTABLISHED BY
SECTION 75-0121 OF THIS ARTICLE TO ACHIEVE THE REQUIREMENTS OF THIS
S. 4008--B 110
ARTICLE WITH RESPECT TO STATEWIDE GREENHOUSE GAS EMISSION LIMITS AS
ADOPTED BY THE DEPARTMENT AND THE AUTHORITY.
17. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION.
18. "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
19. "GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT" SHALL MEAN A GENERAL
ACCOUNT TO BE ESTABLISHED BY THE AUTHORITY, INTO WHICH THE DEPARTMENT
SHALL ALLOCATE ALLOWANCES.
20. "COMPLIANCE OBLIGATION" SHALL MEAN THE REQUIREMENT TO SUBMIT
ALLOWANCES SUFFICIENT FOR ALL EMISSIONS WITH RESPECT TO A COMPLIANCE
PERIOD.
21. "COMPLIANCE PERIOD" SHALL MEAN A ONE-YEAR PERIOD DURING WHICH A
COVERED ENTITY'S CARBON DIOXIDE EQUIVALENT EMISSIONS MAY NOT EXCEED THE
ALLOWANCES OBTAINED AND SUBMITTED BY THE COVERED ENTITY TO THE AUTHORITY
FOR SUCH PERIOD.
22. "ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES" OR "EITES" SHALL
MEAN THOSE BUSINESSES IDENTIFIED BY THE DEPARTMENT PURSUANT TO SUBDIVI-
SION THREE OF SECTION 75-0121 OF THIS ARTICLE.
23. "CLIMATE AND COMMUNITY PROTECTION FUND" SHALL MEAN THE CLIMATE AND
COMMUNITY PROTECTION FUND AS ESTABLISHED PURSUANT TO SECTION NINETY-TWO-
QQ OF STATE FINANCE LAW.
24. "FIRST COMPLIANCE PERIOD" SHALL MEAN THE COMPLIANCE PERIOD BEGIN-
NING JUNE FIRST, TWO THOUSAND TWENTY-FOUR.
25. "LINK" OR "LINKAGE" MEANS ESTABLISHMENT OF A BILATERAL OR MULTI-
LATERAL NON-BINDING AGREEMENT THAT CONNECTS TWO OR MORE MARKET-BASED
PROGRAMS DESIGNED TO REDUCE CARBON DIOXIDE EQUIVALENT EMISSIONS AND
WHICH:
A. ARTICULATES A MUTUAL UNDERSTANDING OF HOW THE PARTICIPATING JURIS-
DICTIONS WILL COLLABORATE TO FACILITATE REDUCTIONS OF CARBON DIOXIDE
EQUIVALENT EMISSIONS;
B. AUTHORIZES PROCESSES FOR SATISFACTION OF COMPLIANCE OBLIGATIONS IN
ONE PARTICIPATING JURISDICTION AS PARTIALLY OR FULLY SATISFYING, AS
APPROPRIATE, COMPLIANCE OBLIGATIONS OF REGULATED ENTITIES IN ANOTHER
PARTICIPATING JURISDICTION; AND
C. OTHERWISE PROVIDES FOR COORDINATION OF ACTIVITIES TO FACILITATE
OPERATION OF A JOINT MARKET.
26. "COVERED SOURCE" SHALL MEAN A GREENHOUSE GAS EMISSIONS SOURCE
WHICH IS SUBJECT TO THE CAP AND INVEST PROGRAM, AS DETERMINED BY THE
DEPARTMENT, SUBJECT TO THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION B
OF SECTION 75-0109 OF THIS CHAPTER.
27. "CAP" SHALL MEAN THE MAXIMUM ALLOWABLE GREENHOUSE GAS EMISSIONS IN
A COMPLIANCE PERIOD AS SET BY THE DEPARTMENT PURSUANT TO SECTION 75-0121
OF THIS ARTICLE.
28. "PARTICIPATING JURISDICTIONS" SHALL MEAN JURISDICTIONS WHICH ARE
LINKED.
29. "RESERVE ALLOWANCE" SHALL MEAN AN ALLOWANCE PROVIDED FOR PURSUANT
TO SUBDIVISION FIVE OF SECTION 75-0121 OF THIS ARTICLE.
§ 3. Subdivision 2 of section 75-0109 of the environmental conserva-
tion law is amended by adding two new paragraphs e and f to read as
follows:
E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UTILIZE SOFTWARE
SYSTEMS AND/OR ELECTRONIC MECHANISMS TO ENSURE ADEQUATE DATA COLLECTION
AND ASSESS GREENHOUSE GAS EMISSION SOURCES COMPLIANCE WITH REGULATIONS.
S. 4008--B 111
F. AT THE DISCRETION OF THE DEPARTMENT, GREENHOUSE GAS EMISSION SOURC-
ES MAY BE REQUIRED TO SUBMIT COMPLIANCE ITEMS ELECTRONICALLY AND MAIN-
TAIN AND UTILIZE ELECTRONIC SIGNATURES FOR VERIFICATION PURPOSES.
§ 3-a. Paragraph b of subdivision 4 of section 75-0109 of the environ-
mental conservation law, as added by chapter 106 of the laws of 2019, is
amended to read as follows:
b. The use of such mechanism shall account for not greater than
fifteen percent of statewide greenhouse gas emissions estimated as a
percentage of nineteen ninety emissions pursuant to section 75-0105 of
this article, provided that the use of this mechanism must offset a
quantity greater than or equal to the greenhouse gases emitted. The
offset of greenhouse gas emissions shall not result in disadvantaged
communities having to bear a disproportionate burden of environmental
impacts. GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO COST REDUCTIONS FOR
ALLOWANCES ISSUED TO EITES PURSUANT TO SUBDIVISION THREE OF SECTION
75-0121 OF THIS ARTICLE SHALL BE SUBJECT TO THE PERCENTAGE LIMITATION ON
GREENHOUSE GAS EMISSIONS UNDER ALTERNATIVE COMPLIANCE MECHANISMS SET
FORTH IN THE FIRST SENTENCE OF THIS PARAGRAPH.
§ 3-b. Section 75-0109 of the environmental conservation law is
amended by adding two new subdivisions 5 and 6 to read as follows:
5. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPART-
MENT SHALL SET STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS FOR EACH
COMPLIANCE PERIOD FOR THE PURPOSE OF DETERMINING INTERIM PROGRESS IN
ACHIEVING THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SET FORTH IN
SECTION 75-0107 OF THIS ARTICLE. SUCH STATEWIDE GREENHOUSE GAS EMISSIONS
LIMITS SHALL BE SET BY THE DEPARTMENT AS INTERIM GREENHOUSE GAS EMISSION
REDUCTION TARGETS TO INFORM DECISION-MAKING REGARDING THE NEED TO REDUCE
TOTAL ALLOWABLE GREENHOUSE GAS EMISSIONS UNDER THE CAP AND INVEST
PROGRAM, AND SHALL BE REVIEWED ANNUALLY. IF, IN THE DETERMINATION OF
THE DEPARTMENT, SUCH STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS ARE SET
AT A LEVEL WHICH IS INSUFFICIENT TO INCENTIVIZE STATE GREENHOUSE GAS
EMISSIONS REDUCTIONS PROGRESS NECESSARY TO ACHIEVE THE EMISSIONS
REDUCTION TARGETS SET FORTH IN SECTION 75-0107 OF THIS ARTICLE, THE
DEPARTMENT SHALL THEN IMMEDIATELY MODIFY THE STATEWIDE GREENHOUSE GAS
EMISSIONS LIMITS SET PURSUANT TO THIS SUBDIVISION TO CORRECT SUCH INSUF-
FICIENCY, BEGINNING WITH THE NEXT COMPLIANCE PERIOD.
6. ALL REVENUE, INTEREST AND PENALTIES RECEIVED UNDER PROGRAMS AND
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL BE DEPOSITED IN THE
GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT.
§ 4. Subdivision 1 of section 75-0111 of the environmental conserva-
tion law is amended by adding a new paragraph d to read as follows:
D. WORKING GROUP MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
§ 5. Paragraphs a and b of subdivision 2 of section 75-0111 of the
environmental conservation law, as added by chapter 106 of the laws of
2019, are amended to read as follows:
a. The [council] WORKING GROUP shall hold at least six regional public
hearings on the draft criteria and the draft list of disadvantaged
communities, including three meetings in the upstate region and three
meetings in the downstate region, and shall allow at least one hundred
twenty days for the submission of public comment.
b. The [council] WORKING GROUP shall also ensure that there are mean-
ingful opportunities for public comment for all segments of the popu-
lation that will be impacted by the criteria, including persons living
S. 4008--B 112
in areas that may be identified as disadvantaged communities under the
proposed criteria.
§ 5-a. Paragraph b of subdivision 2 of section 75-0119 of the environ-
mental conservation law, as added by chapter 106 of the laws of 2019, is
amended to read as follows:
b. An assessment of existing regulations [and], whether modifications
are needed to ensure fulfillment of the statewide greenhouse gas emis-
sions limits, AND A DESCRIPTION OF ANY SUCH MODIFICATIONS THE DEPARTMENT
HAS MADE AND INTENDS TO MAKE PURSUANT TO SECTIONS 75-0121 AND 75-0125 OF
THIS ARTICLE.
§ 6. The environmental conservation law is amended by adding five new
sections 75-0121, 75-0123, 75-0125, 75-0127 and 75-0129 to read as
follows:
§ 75-0121. CAP AND INVEST PROGRAM; ALLOCATION OF ALLOWANCES.
1. CAP AND INVEST PROGRAM. A. THERE IS HEREBY CREATED AN ECONOMY-WIDE
CAP AND INVEST PROGRAM TO ENSURE THE SATISFACTION OF THE REQUIREMENTS OF
SECTIONS 75-0107 AND 75-0109 OF THIS ARTICLE THROUGH EMISSIONS
REDUCTIONS METHODS ADOPTED AND IMPLEMENTED BY THE DEPARTMENT AND THE
AUTHORITY. THE DEPARTMENT AND THE AUTHORITY SHALL UNDERTAKE SUCH
ADOPTION AND IMPLEMENTATION SO AS TO PROVIDE FOR THE PROGRAM TO BEGIN AS
OF THE START OF THE FIRST COMPLIANCE PERIOD. THE CAP AND INVEST PROGRAM
SHALL BE SUBJECT TO PUBLIC NOTICE AND COMMENT, INCLUDING AT LEAST THREE
PUBLIC HEARINGS, AND SHALL INCLUDE SUBSTANTIAL CONSULTATION WITH THE
CLIMATE JUSTICE WORKING GROUP AND MEMBERS OF DISADVANTAGED COMMUNITIES.
B. THE CAP AND INVEST PROGRAM SHALL PROVIDE FOR ANNUALLY DECLINING
AGGREGATE GREENHOUSE GAS EMISSIONS LIMITS BY SETTING A MAXIMUM ALLOWABLE
AMOUNT OF GREENHOUSE GAS EMISSIONS FROM ALL COVERED SOURCES REGULATED
UNDER THE CAP AND INVEST PROGRAM IN A GIVEN COMPLIANCE PERIOD. SUCH
GREENHOUSE GAS EMISSIONS LIMITS MAY BE REFERRED TO HEREIN AS A CAP.
C. A CERTAIN NUMBER OF ALLOWANCES SHALL BE CREATED BY THE DEPARTMENT
TO BE TRANSFERRED TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT SO
AS TO BE MADE AVAILABLE BY THE AUTHORITY TO COVERED SOURCES IN THE
MANNER SET FORTH IN THIS SECTION AND SUBDIVISION TWENTY-FIVE OF SECTION
EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. THE TOTAL
NUMBER OF ALLOWANCES CREATED AND TRANSFERRED SO AS TO BE MADE AVAILABLE
FOR AUCTION OR SALE BY THE AUTHORITY IN A COMPLIANCE PERIOD SHALL IN NO
EVENT EXCEED THE CAP FOR SUCH COMPLIANCE PERIOD.
D. ALL COVERED SOURCES MUST REGISTER WITH THE DEPARTMENT IN A FORM AND
MANNER TO BE PRESCRIBED BY THE DEPARTMENT AND SHALL BE SUBJECT TO SUCH
REQUIREMENTS AS THE DEPARTMENT MAY ESTABLISH BY REGULATION TO ENSURE
COMPLIANCE WITH THIS ARTICLE.
E. IN IMPLEMENTING THE CAP AND INVEST PROGRAM THE DEPARTMENT SHALL
PRIORITIZE GREENHOUSE GAS EMISSIONS REDUCTIONS IN DISADVANTAGED COMMUNI-
TIES, INCLUDING BUT NOT LIMITED TO, BY ESTABLISHING MAXIMUM ALLOWABLE
GREENHOUSE GAS EMISSIONS LIMITS FOR ALL INDIVIDUAL SOURCES LOCATED IN,
OR CONTRIBUTING TO POLLUTION BURDEN IN, A DISADVANTAGED COMMUNITY. MAXI-
MUM ALLOWABLE GREENHOUSE GAS EMISSIONS LIMITS ON INDIVIDUAL SOURCES
SHALL DECLINE ANNUALLY AT A RATE WHICH IS PROPORTIONAL TO THE DECLINE OF
THE CAP. SUCH EMISSIONS LIMITS SHALL BE SUFFICIENT TO ENSURE THAT DISAD-
VANTAGED COMMUNITIES EXPERIENCE POLLUTION REDUCTIONS AT RATES COMMENSU-
RATE WITH POLLUTION REDUCTION IN OTHER COMMUNITIES AS A RESULT OF THE
CAP AND INVEST PROGRAM, AND ARE NOT DISPROPORTIONATELY NEGATIVELY
AFFECTED AS A RESULT OF THE CAP AND INVEST PROGRAM IN COMPLIANCE WITH
PARAGRAPH C OF SUBDIVISION THREE OF SECTION 75-0109 OF THIS ARTICLE,
TAKING INTO ACCOUNT THE CHARACTERISTICS OF SUCH COMMUNITIES AND SUCH
SOURCES. THE DEPARTMENT MAY REQUIRE ADDITIONAL ALLOWANCES FOR SOURCES
S. 4008--B 113
LOCATED IN, OR CONTRIBUTING TO POLLUTION BURDEN IN, A DISADVANTAGED
COMMUNITY, THAN WOULD OTHERWISE BE REQUIRED UNDER THE CAP AND INVEST
PROGRAM.
F. THE DEPARTMENT SHALL PROVIDE FOR APPROPRIATE MECHANISMS TO ADDRESS
COVERED SOURCES FOR WHICH REGULATION UNDER THE CAP AND INVEST PROGRAM IS
PREEMPTED BY FEDERAL LAW.
2. DISTRIBUTION TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT. THE
DEPARTMENT SHALL TRANSFER ALL ALLOWANCES, AS CREATED AND ISSUED BY THE
DEPARTMENT PURSUANT TO THE CAP AND INVEST PROGRAM, TO THE GREENHOUSE GAS
EMISSIONS REDUCTION ACCOUNT FOR AUCTION, SALE OR DIRECT ALLOCATION THER-
EOF IN THE MANNER SET FORTH IN THIS ARTICLE AND IN SUBDIVISION TWENTY-
FIVE OF SECTION EIGHTEEN FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW.
3. ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES. A. THE DEPARTMENT
SHALL ADOPT REGULATIONS THAT ESTABLISH CRITERIA AND METHODS FOR DETER-
MINING BOTH ENERGY INTENSITY AND TRADE EXPOSURE FOR THE PURPOSE OF IDEN-
TIFYING FACILITIES WHICH MAY BE VULNERABLE WITH RESPECT TO THE CAP AND
INVEST PROGRAM SUCH THAT THEY MAY BE DESIGNATED AS EITES IN A MANNER
WHICH IS CONSISTENT WITH THE TREATMENT OF EITES IN THE SCOPING PLAN,
INCLUDING APPENDIX C THEREOF. THE PROCEEDINGS FOR SUCH REGULATIONS MUST
INCLUDE PUBLIC HEARINGS AND OTHER EFFORTS TO PROVIDE MEANINGFUL OPPOR-
TUNITIES FOR PUBLIC COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED BY THE
PLAN, INCLUDING PERSONS WORKING FOR EITES AND PERSONS LIVING IN DISAD-
VANTAGED COMMUNITIES. SUCH REGULATIONS SHALL BE DEVELOPED IN COMPLIANCE
WITH SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH B OF THIS SUBDIVISION.
B. SUCH REGULATIONS SHALL:
(I) IDENTIFY A PROCEDURE FOR SUCH FACILITIES TO DEMONSTRATE THAT THEY
ARE USING THE BEST AVAILABLE TECHNOLOGIES;
(II) CONSIDER HOW PROGRAM DESIGN CAN FURTHER MITIGATE THE COST OF
REDUCING EMISSIONS FOR SUCH FACILITIES WHILE PROVIDING AN INCENTIVE TO
IMPROVE EFFICIENCY AND REDUCE EMISSIONS;
(III) INCORPORATE CO-POLLUTANT REDUCTION MEASURES OR MITIGATION
REQUIREMENTS FOR SUCH FACILITIES LOCATED IN OR CONTRIBUTING TO A CO-POL-
LUTANT POLLUTION BURDEN IN DISADVANTAGED COMMUNITIES; AND
(IV) PROVIDE FOR AN APPLICATION PROCESS FOR A FACILITY TO BE SO DESIG-
NATED, WHICH SUCH APPLICATION SHALL INCLUDE:
A. SUCH INFORMATION AS THE DEPARTMENT MAY REQUEST TO ESTABLISH WHETHER
THE FACILITY SATISFIES THE ENERGY INTENSITY AND TRADE EXPOSURE CRITERIA;
B. A DESCRIPTION OF THE EXPECTED IMPACT OF THE CAP AND INVEST PROGRAM
ON THE FACILITY;
C. THE FACILITY'S PLANS TO REDUCE EMISSIONS OF GREENHOUSE GASES AND
CO-POLLUTANTS; AND
D. CONTRACTUAL COMMITMENT ON THE PART OF THE EITE TO AVOID LEAKAGE AND
CONTINUE TO MEET SUCH ECONOMIC DEVELOPMENT OR ECONOMIC MAINTENANCE
REQUIREMENTS AS DETERMINED APPROPRIATE BY THE DEPARTMENT, IN CONSULTA-
TION WITH THE AUTHORITY AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
C. UPON A SHOWING BY AN EITE SATISFACTORY TO THE DEPARTMENT THAT THE
EITE WILL BE SIGNIFICANTLY NEGATIVELY IMPACTED BY COMPLIANCE WITH THE
CAP AND INVEST PROGRAM SO AS TO RESULT IN LEAKAGE, THE DEPARTMENT AND
THE AUTHORITY MAY, IN A MANNER NOT INCONSISTENT WITH ANY OTHER PROVISION
OF THIS ARTICLE OR THE SCOPING PLAN, PROVIDE FOR ALLOWANCES TO INITIALLY
BE ISSUED TO ELIGIBLE EITES AT REDUCED COST. THE AMOUNT OF SUCH REDUCED
COST SHALL BE THAT AMOUNT WHICH IS NECESSARY TO PREVENT LEAKAGE WITH
RESPECT TO THE FACILITY, AS DETERMINED BY THE DEPARTMENT, IN CONSULTA-
TION WITH THE AUTHORITY AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
ASSUMING THE EITE EMPLOYS BEST AVAILABLE TECHNOLOGY. FOR THE FIRST
COMPLIANCE PERIOD, ANY ALLOWANCES ISSUED TO AN EITE AT REDUCED COST
S. 4008--B 114
SHALL NOT REPRESENT MORE THAN THE MINIMUM AMOUNT OF ALLOWANCES NECESSARY
TO AUTHORIZE THE EITE TO EMIT AN AMOUNT OF CARBON DIOXIDE EQUIVALENT
EMISSIONS EQUAL TO THE EITE'S AVERAGE ANNUAL CARBON DIOXIDE EQUIVALENT
EMISSIONS FOR THE YEARS TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY-
THREE, AND TWO THOUSAND TWENTY-FOUR, AS DETERMINED BY THE DEPARTMENT,
ADJUSTED DOWNWARD AS NECESSARY TO AN AMOUNT WHICH ACCOUNTS FOR THE
REQUIREMENT THAT THE EITE EMPLOYS BEST AVAILABLE TECHNOLOGY TO REDUCE
ITS EMISSIONS. IN SUBSEQUENT COMPLIANCE PERIODS, ANY ALLOCATION TO
EITES OF ALLOWANCES AT REDUCED COST SHALL DECLINE IN PROPORTION TO THE
REDUCTION IN TOTAL AVAILABLE ALLOWANCES FOR SUCH COMPLIANCE PERIOD IN
ACCORDANCE WITH THE CAP FOR SUCH COMPLIANCE PERIOD. IN NO EVENT SHALL
AN EITE BE ISSUED AN ALLOWANCE AT REDUCED COST FOR AN AMOUNT WHICH IS
LESS THAN THE AMOUNT PAID BY THE EITE FOR A REDUCED COST ALLOWANCE IN
THE PREVIOUS COMPLIANCE PERIOD.
D. IN NO EVENT SHALL EITES RECEIVE ALLOWANCES AT REDUCED COST AFTER
THE TENTH COMPLIANCE PERIOD. THE DEPARTMENT SHALL CEASE THE ISSUANCE OF
ALLOWANCES TO EITES AT REDUCED COST IF IT DETERMINES THAT:
(I) ISSUANCE OF ALLOWANCES AT REDUCED COST TO AN EITE IS NO LONGER
NECESSARY TO LIMIT LEAKAGE;
(II) THE EITE IS NOT EMPLOYING BEST AVAILABLE TECHNOLOGY;
(III) THE EITE IS LOCATED WITHIN A DISADVANTAGED COMMUNITY, OR
CONTRIBUTES TO THE POLLUTION BURDEN OF DISADVANTAGED COMMUNITY, AND THE
EITE'S CO-POLLUTANT EMISSIONS HAVE INCREASED RELATIVE TO THE PREVIOUS
COMPLIANCE PERIOD;
(IV) THE EITE NO LONGER QUALIFIES AS AN EITE; OR
(V) THE EITE MADE MATERIAL MISSTATEMENTS ON ITS APPLICATION, OR MATE-
RIALLY VIOLATED (A) THE TERMS OF ANY APPROVAL OF SUCH APPLICATION, (B)
ANY AGREEMENT IN RESPECT THEREOF OR (C) ANY LAW, RULE, OR REGULATION
ADOPTED PURSUANT TO THIS ARTICLE OR ARTICLE NINETEEN OF THIS CHAPTER,
INCLUDING WITHOUT LIMITATION THE INDIVIDUAL SOURCE EMISSIONS LIMITS SET
PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE OF THIS SECTION.
E. IF THE ACTUAL GREENHOUSE GAS EQUIVALENT EMISSIONS OF AN EITE EXCEED
THE ALLOWANCES ISSUED TO AN EITE AT REDUCED COST FOR THAT COMPLIANCE
PERIOD, SUCH EITE MUST ACQUIRE ADDITIONAL ALLOWANCES AND SUBMIT SUCH
ALLOWANCES AS NECESSARY TO SATISFY ITS COMPLIANCE OBLIGATION DURING SUCH
COMPLIANCE PERIOD.
F. IF THE DEPARTMENT ISSUES ALLOWANCES TO EITES AT REDUCED COST, THE
DEPARTMENT SHALL:
(I) CONDUCT REGULAR AUDITS OF SUCH EITES TO DETERMINE WHETHER SUCH
EITES CONTINUE TO QUALIFY AS EITES FOR PURPOSES OF RECEIVING FREE ALLOW-
ANCES UNDER THIS SUBDIVISION; AND
(II) REGULARLY REVIEW THE NEED TO ISSUE ALLOWANCES TO EITES AT REDUCED
COST.
G. THE DEPARTMENT SHALL CREATE A PUBLIC DATABASE ONLINE AND REPORT TO
THE GOVERNOR AND THE LEGISLATURE, ON THE EMISSIONS AND LOCATION OF ANY
EITE.
H. NOTWITHSTANDING ANYTHING IN THIS SUBDIVISION TO THE CONTRARY, THE
TOTAL NUMBER OF ALLOWANCES ISSUED AT REDUCED COST FOR A COMPLIANCE PERI-
OD SHALL NOT EXCEED FIFTEEN PERCENT OF THE ALLOWANCES FOR SUCH COMPLI-
ANCE PERIOD. TO THE EXTENT THIS PARAGRAPH LIMITS THE NUMBER OF REDUCED
COST ALLOWANCES OTHERWISE ALLOCATED TO EITES PURSUANT TO THIS SUBDIVI-
SION, ALLOCATIONS OF REDUCED COST ALLOWANCES SHALL BE REDUCED AS NECES-
SARY IN A MANNER TO BE DETERMINED APPROPRIATE BY THE DEPARTMENT, IN
CONSULTATION WITH THE AUTHORITY.
4. AUCTION OR SALE OF ALLOWANCES. A. THE DEPARTMENT SHALL PROVIDE
SUPPORT TO THE AUTHORITY FOR THE AUCTION OR SALE OF ALLOWANCES PURSUANT
S. 4008--B 115
TO SUBDIVISION TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE
PUBLIC AUTHORITIES LAW.
B. THE DEPARTMENT, IN CONSULTATION WITH THE AUTHORITY, SHALL ADOPT
SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY TO GOVERN THE AUCTION
OR SALE, AND MAY ENTER INTO SUCH CONTRACTS AS MAY BE NECESSARY OR
CONVENIENT FOR SUCH PURPOSE.
C. THE DEPARTMENT SHALL, IN COORDINATION WITH THE AUTHORITY, ADOPT
REGULATIONS TO PROTECT CONFIDENTIALITY AND TO GUARD AGAINST BIDDER
COLLUSION AND MINIMIZE THE POTENTIAL FOR MARKET MANIPULATION.
5. ALLOWANCE RESERVE. THE DEPARTMENT MAY RESERVE A SMALL PORTION OF
ALLOWANCES UNDER THE CAP FOR PURPOSES OF MARKET STABILITY AND TO INCEN-
TIVIZE ADDITIONAL EMISSIONS REDUCTIONS SO LONG AS SUCH ALLOWANCES ARE
NOT IN ADDITION TO THE TOTAL ALLOWANCES UNDER THE CAP. SUCH ALLOWANCES
MAY BE TRANSFERRED TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT
UPON NOTICE TO THE DEPARTMENT BY THE AUTHORITY AT SUCH TIMES AS DEEMED
NECESSARY BY THE AUTHORITY. SUCH RESERVE ALLOWANCES MAY BE AUCTIONED OR
SOLD IN A MANNER AND AT A TIME DETERMINED APPROPRIATE BY THE AUTHORITY.
SUCH RESERVE ALLOWANCES SHALL BE AUCTIONED OR SOLD FOR A PRICE WHICH IS
EQUAL TO OR GREATER THAN THE MAXIMUM ALLOWANCE PRICE PROVIDED FOR IN
SUBDIVISION TWO OF SECTION 75-0125 OF THIS ARTICLE.
§ 75-0123. USE OF ALLOWANCES.
1. ALLOWANCES MUST BE SUBMITTED TO THE DEPARTMENT FOR THE FULL AMOUNT
OF GREENHOUSE GAS EMISSIONS EMITTED DURING SUCH COMPLIANCE PERIOD. IF
GREENHOUSE GAS EMISSIONS EXCEED ALLOWANCES SUBMITTED FOR THE COMPLIANCE
PERIOD, SUCH SHORTFALL SHALL BE PENALIZED PURSUANT TO SECTION 75-0129 OF
THIS ARTICLE.
2. ANY ALLOWANCES NOT SUBMITTED AT THE END OF THE COMPLIANCE PERIOD IN
WHICH THEY ARE ISSUED BY THE AUTHORITY SHALL AUTOMATICALLY EXPIRE ONE
HUNDRED EIGHTY DAYS AFTER THE END SUCH COMPLIANCE PERIOD IF NOT SUBMIT-
TED PRIOR TO SUCH DATE.
3. ALLOWANCES SHALL NOT BE TRADABLE, SALEABLE, EXCHANGEABLE OR OTHER-
WISE TRANSFERABLE.
§ 75-0125. PRICE OF ALLOWANCES.
1. PRICE FLOOR. IN CONSULTATION WITH THE AUTHORITY, THE DEPARTMENT
SHALL ESTABLISH BY REGULATION A MINIMUM ALLOWANCE PRICE FOR EACH
COMPLIANCE PERIOD AND A SCHEDULE FOR THE AMOUNT BY WHICH THE MINIMUM
ALLOWANCE PRICE SHALL INCREASE EVERY YEAR. EXCEPT WITH RESPECT TO
ALLOWANCES PROVIDED AT REDUCED COST TO EITES IN COMPLIANCE WITH SUBDIVI-
SION THREE OF SECTION 75-0121 OF THIS ARTICLE, ALLOWANCES SHALL NOT BE
SOLD OR AUCTIONED AT AN AMOUNT LOWER THAN SUCH MINIMUM ALLOWANCE PRICE
FOR THE APPLICABLE COMPLIANCE PERIOD.
2. PRICE CEILING. IN CONSULTATION WITH THE AUTHORITY, THE DEPARTMENT
SHALL DETERMINE AND ESTABLISH A MAXIMUM ALLOWANCE PRICE FOR EACH
COMPLIANCE PERIOD AND A SCHEDULE FOR THE MAXIMUM PRICE TO INCREASE BY A
PREDETERMINED AMOUNT EVERY YEAR AT A RATE WHICH IS GREATER THAN OR EQUAL
TO THE RATE OF INCREASE OF THE PRICE FLOOR SET BY THE PRICE FLOOR
INCREASE SCHEDULE PURSUANT TO SUBDIVISION ONE OF THIS SECTION. THE
PRICE CEILING SCHEDULE MUST BE SET AT A LEVEL SUFFICIENT TO INCENTIVIZE
INVESTMENTS TO ACHIEVE FURTHER GREENHOUSE GAS EMISSION REDUCTIONS
BEYOND THOSE ENABLED BY THE PRICE CEILING FOR A GIVEN COMPLIANCE PERIOD.
EXCEPT AS SET FORTH IN SUBDIVISION FIVE OF SECTION 75-0121 OF THIS ARTI-
CLE, THE DEPARTMENT SHALL NOT SELL OR AUCTION ALLOWANCES AT AN AMOUNT
HIGHER THAN SUCH MAXIMUM PRICE FOR THE APPLICABLE COMPLIANCE PERIOD.
3. PRICE ADJUSTMENTS. IN CONSULTATION WITH THE AUTHORITY, THE DEPART-
MENT SHALL INCREASE THE PRICE FLOOR AND PRICE CEILING FOR ANY GIVEN
COMPLIANCE PERIOD ABOVE THE SCHEDULES OF PRICE INCREASES SET FORTH IN
S. 4008--B 116
SUBDIVISIONS ONE AND TWO OF THIS SECTION IF NECESSARY TO ENSURE ACHIEVE-
MENT OF THE EMISSIONS REDUCTIONS NECESSARY TO COMPLY WITH THE STATEWIDE
GREENHOUSE GAS EMISSIONS LIMITS ESTABLISHED BY SECTION 75-0107 OF THIS
ARTICLE. THE DEPARTMENT SHALL ASSESS WHETHER SUCH INCREASES ARE NECES-
SARY ON AT LEAST AN ANNUAL BASIS, AND IN DOING SO SHALL CONSIDER ACTUAL
EMISSIONS REDUCTIONS, PROGRESS TOWARDS ACHIEVING THE STATEWIDE GREEN-
HOUSE GAS EMISSIONS LIMITS ESTABLISHED BY SECTION 75-0107 OF THIS ARTI-
CLE, AND PERFORMANCE WITH RESPECT TO THE STATEWIDE GREENHOUSE GAS EMIS-
SIONS LIMITS ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF SECTION 75-0109
OF THIS ARTICLE.
4. PRICING CONSIDERATIONS. A. THE DEPARTMENT SHALL MAKE ALL DETERMI-
NATIONS UNDER THIS SECTION WITH REFERENCE TO (I) THE NEED FOR CERTAINTY
IN ACHIEVING THE EMISSIONS REDUCTION REQUIREMENTS SET FORTH IN SECTION
75-0107 AND THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS ESTABLISHED
PURSUANT TO SECTION 75-0109 OF THIS ARTICLE, (II) THE SOCIAL COST OF
CARBON AS DETERMINED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE, (III)
OTHER GREENHOUSE GAS PRICING PROGRAMS THROUGHOUT THE WORLD, AND THE
SUCCESSES AND FAILURES OF SUCH PROGRAMS WITH RESPECT TO PRICING OF
ALLOWANCE, (IV) THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT DEVELOPED
PURSUANT TO SECTION 75-0105 OF THIS ARTICLE, (V) COST-OF-LIVING
INFLATION WITH REFERENCE TO THE UNITED STATES BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER APPRO-
PRIATE INDEX ADOPTED BY THE DEPARTMENT AND (VI) SUCH OTHER INFORMATION
AS MAY BE NECESSARY OR CONVENIENT TO COMPLY WITH THIS SECTION.
B. THE DEPARTMENT AND THE AUTHORITY MAY SEEK AND OBTAIN SUCH INFORMA-
TION AS MAY BE NECESSARY OR CONVENIENT FOR THE DETERMINATION OF THE
PRICE FROM OTHER STATE OR FEDERAL AGENCIES OR THE FEDERALLY DESIGNATED
ELECTRIC BULK SYSTEM OPERATOR.
§ 75-0127. LINKAGE WITH OTHER JURISDICTIONS.
1. THE DEPARTMENT SHALL DETERMINE AN EQUITABLE AND EFFICIENT MANNER TO
LINK THE CAP AND INVEST PROGRAM WITH THE REGIONAL GREENHOUSE GAS INITI-
ATIVE. SUCH LINKAGE SHALL PROVIDE THAT ANY SOURCE SUBJECT TO THE
REGIONAL GREENHOUSE GAS INITIATIVE AND THE CAP AND INVEST PROGRAM SHALL
RECEIVE INTERJURISDICTIONAL CREDIT FOR GREENHOUSE GAS EMISSIONS
REDUCTIONS AND AMOUNTS PAID FOR ALLOWANCES ACQUIRED UNDER THE RESPECTIVE
PROGRAMS THROUGH A REDUCTION IN THE PRICE OF AN ALLOWANCE EQUIVALENT TO
THE AMOUNT PAID FOR AN ALLOWANCE FOR AN EQUIVALENT AMOUNT OF EMISSIONS
IN THE OTHER JURISDICTION. IN DETERMINING SUCH REDUCTION IN PRICE, THE
DEPARTMENT SHALL EVALUATE THE RELATIVE COST OF ALLOWANCES WITH RESPECT
TO EMISSIONS COVERED BY THE REGIONAL GREENHOUSE GAS INITIATIVE AS
COMPARED TO THE CAP AND INVEST PROGRAM, AND MAKE SUCH DETERMINATION IN A
MANNER THAT RESULTS IN AN EQUAL TREATMENT OF THE COST OF ALLOWANCES
RELATIVE TO COVERED SOURCES WHICH ARE NOT SUBJECT TO THE REGIONAL GREEN-
HOUSE GAS INITIATIVE. NO SOURCE OTHERWISE SUBJECT TO THE CAP AND INVEST
PROGRAM SHALL BE EXCLUDED FROM THE CAP AND INVEST PROGRAM BECAUSE IT IS
SUBJECT TO THE REGIONAL GREENHOUSE GAS INITIATIVE.
2. THE DEPARTMENT MAY LINK THE CAP AND INVEST PROGRAM WITH ONE OR MORE
SIMILAR PROGRAMS IN JURISDICTIONS OTHER THAN THE REGIONAL GREENHOUSE GAS
INITIATIVE IF IT DETERMINES THAT:
A. SUCH LINKAGE WILL RESULT IN CAP AND INVEST PROGRAM MARKET BENEFITS,
REDUCE COSTS, AND RESULT IN ECONOMIC BENEFITS TO THE PEOPLE OF THE
STATE; AND
B. THE DEPARTMENT HAS:
(I) AT LEAST SIX MONTHS PRIOR TO ANY SUCH LINKAGE, RELEASED A PLAN FOR
ANY PROPOSED LINKAGE WHICH INCLUDES (A) A DETAILED EXPLANATION OF THE
DEPARTMENT'S DETERMINATIONS WITH RESPECT TO PARAGRAPH A OF THIS SUBDIVI-
S. 4008--B 117
SION AND PARAGRAPHS A, B, AND C OF SUBDIVISION THREE OF THIS SECTION,
AND (B) PROCESSES FOR REGULAR REVIEW AND AUDIT OF SUCH LINKAGE,
(II) SOLICITED PUBLIC COMMENT ON SUCH PLAN AND PROVIDED AT LEAST THIR-
TY DAYS FOR SUCH PUBLIC COMMENT, AND
(III) CONSIDERED SUCH PUBLIC COMMENT AND, IF APPROPRIATE, UPDATED THE
PLAN IN RESPONSE TO SUCH PUBLIC COMMENT.
3. ANY LINKAGE SHALL PROVIDE ASSURANCE THAT:
A. IT DOES NOT COMPROMISE, LIMIT, OR IMPINGE UPON THE STATE'S
PROGRESS, ABILITY, OR LIKELIHOOD OF MEETING OR EXCEEDING THE REQUIRE-
MENTS OF THIS ARTICLE;
B. THAT CREDIT FOR GREENHOUSE GAS EMISSIONS REDUCTIONS UNDER ONE
PROGRAM SHALL NOT REDUCE COMPLIANCE OBLIGATIONS IN THE OTHER JURISDIC-
TIONAL PROGRAM MORE THAN AN EQUIVALENT AMOUNT OF GREENHOUSE GAS EMIS-
SIONS REDUCTIONS IN SUCH PROGRAM; AND
C. SUCH LINKAGE WILL NOT RESULT IN INCREASED CO-POLLUTANT EMISSIONS IN
DISADVANTAGED COMMUNITIES.
4. IF THE DEPARTMENT DETERMINES THAT LINKAGE WITH ANOTHER SIMILAR
PROGRAM MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION NO LONGER MEETS
THE REQUIREMENTS SET FORTH IN PARAGRAPH A OF SUCH SUBDIVISION AND PARA-
GRAPHS A, B, AND C OF SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT
SHALL TAKE IMMEDIATE ACTION TO ENSURE COMPLIANCE WITH SUCH PARAGRAPHS,
AND IF COMPLIANCE IS NOT ACHIEVED WITHIN ONE YEAR OF WHEN SUCH DETERMI-
NATION OF NON-COMPLIANCE IS MADE, THE DEPARTMENT SHALL DISCONTINUE SUCH
LINKAGE WITHIN ONE HUNDRED EIGHTY DAYS THEREAFTER.
5. ANY LINKAGE SHALL REQUIRE APPROVAL OF THE LEGISLATURE.
§ 75-0129. ENFORCEMENT; PENALTIES.
1. ALL COVERED ENTITIES ARE REQUIRED TO SUBMIT ALLOWANCES IN A TIMELY
MANNER TO SATISFY COMPLIANCE OBLIGATIONS AND SHALL COMPLY WITH ALL
REQUIREMENTS FOR MONITORING, REPORTING, HOLDING, AND TRANSFERRING EMIS-
SION ALLOWANCES AND OTHER PROVISIONS OF THIS CHAPTER.
2. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, ANY PERSON
THAT VIOLATES THE PROVISIONS OF THIS ARTICLE OR AN ORDER ISSUED UNDER
THIS ARTICLE SHALL INCUR A PENALTY OF UP TO TWELVE THOUSAND FIVE HUNDRED
DOLLARS PER DAY FOR EACH DAY SUCH VIOLATION SHALL CONTINUE. ALL PENAL-
TIES UNDER THIS SUBDIVISION MUST BE DEPOSITED INTO THE CLIMATE AND
COMMUNITY PROTECTION FUND.
3. ORDERS AND PENALTIES ISSUED UNDER THIS CHAPTER ARE APPEALABLE IN
ACCORDANCE WITH THE PROCEDURES OF ARTICLE SEVENTY-ONE OF THIS CHAPTER.
4. ANY ELECTRIC CORPORATION, GAS CORPORATION, OR COMBINATION GAS AND
ELECTRIC CORPORATION AS SUCH TERMS ARE DEFINED IN SECTION TWO OF THE
PUBLIC SERVICE LAW WHICH PAYS A MONETARY PENALTY UNDER THIS SECTION MUST
NOTIFY ITS CUSTOMERS IN PUBLISHED FORM WITHIN THREE MONTHS OF PAYING
SUCH MONETARY PENALTY.
5. THE DEPARTMENT MAY ISSUE ADDITIONAL FINES FOR VIOLATIONS OF THE
PROVISIONS OF THIS ARTICLE. IN THE EVENT OF MULTIPLE VIOLATIONS, EACH
VIOLATION SHALL BE CONSIDERED A SEPARATE OFFENSE.
§ 7. Section 1854 of the public authorities law is amended by adding
five new subdivisions 24, 25, 26, 27 and 28 to read as follows:
24. CLIMATE RISK-RELATED AND ENERGY TRANSITION ACTIVITIES. TO CONDUCT,
FOSTER, ASSIST, EVALUATE, AND SUPPORT PROGRAMS AND SERVICES RELATED TO:
GREENHOUSE GAS EMISSIONS OR CO-POLLUTANT REDUCTIONS; RESEARCH, ANALYSIS
AND SUPPORT OF CLIMATE MITIGATION, ADAPTATION, AND RESILIENCE; OTHER
MEASURES AS IDENTIFIED IN THE SCOPING PLAN DEVELOPED PURSUANT TO SECTION
75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING WITHOUT LIMITA-
TION THOSE MEASURES IDENTIFIED RELATIVE TO A JUST TRANSITION OR WORK-
S. 4008--B 118
FORCE DEVELOPMENT; OR MEASURES IDENTIFIED IN THE STATE ENERGY PLAN
DEVELOPED PURSUANT TO ARTICLE SIX OF THE ENERGY LAW.
25. TO ESTABLISH, ADMINISTER, IMPLEMENT, AND SUPPORT THE GREENHOUSE
GAS EMISSIONS REDUCTION ACCOUNT AS DEFINED IN SECTION 75-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW, CONSISTENT WITH ARTICLE SEVENTY-FIVE OF
THE ENVIRONMENTAL CONSERVATION LAW, AND PURSUANT TO REGULATIONS ADOPTED
PURSUANT TO SUCH ARTICLE AND OTHER EXISTING AUTHORITY, INCLUDING BY
MAKING ALLOWANCES AVAILABLE FROM SUCH ACCOUNT FOR AUCTION OR SALE PURSU-
ANT TO THE CAP AND INVEST PROGRAM, AS SUCH TERMS ARE DEFINED IN SECTION
75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. SUCH AUCTION OR SALE
SHALL BE CONDUCTED ON A QUARTERLY BASIS AND IN A MANNER THAT, SUBJECT TO
THE OTHER REQUIREMENTS OF ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW AND REGULATIONS ADOPTED PURSUANT THERETO, IS EFFICIENT,
TRANSPARENT, AND PROVIDES CERTAINTY FOR PARTICIPANTS TO THE EXTENT PRAC-
TICABLE, PROVIDED THAT WITH RESPECT TO RESERVE ALLOWANCES AS DEFINED IN
SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, AUCTIONS NEED NOT
BE QUARTERLY. THE AUTHORITY SHALL ESTABLISH PROCEDURES TO GUARD AGAINST
THE POTENTIAL FOR MARKET MANIPULATION INCLUDING BUT NOT LIMITED TO
BIDDER COLLUSION OR OTHER IMPROPER RELEASE OR DISCLOSURE OF ANY BIDDING
INFORMATION. A VIOLATION OF RULES WITH RESPECT TO MARKET MANIPULATION
SHALL BE SUBJECT TO A CIVIL PENALTY OF SIXTY THOUSAND DOLLARS PER
VIOLATION FOR A FIRST VIOLATION, AND ONE HUNDRED TWENTY THOUSAND DOLLARS
FOR EACH SUBSEQUENT VIOLATION, AND ANY APPLICABLE CRIMINAL PENALTIES.
THE AUTHORITY SHALL DEVELOP RULES AND PROCEDURES IN RESPECT OF ALL SUCH
REQUIREMENTS. THE PROCEEDS FROM THE AUCTION OR SALE OF ALLOWANCES AND
ANY PENALTIES WILL BE PLACED INTO A SEGREGATED AUTHORITY FUNDING
ACCOUNT, ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED FIFTY-NINE OF
THIS TITLE, AND SHALL NOT BE COMMINGLED WITH OTHER AUTHORITY FUNDS.
EXCEPT AS OTHERWISE SET FORTH IN THIS TITLE, THE AUTHORITY MAY USE A
PORTION OF SUCH PROCEEDS FOR ADMINISTRATIVE COSTS, AUCTION OR SALE,
DESIGN AND SUPPORT COSTS, AND PROGRAM DESIGN, IMPLEMENTATION, EVALU-
ATION, AND SUPPORT COSTS DIRECTLY RELATED TO IMPLEMENTING THE CAP AND
INVEST PROGRAM, PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE GREATER
OF TEN MILLION DOLLARS OR ONE PERCENT OF SUCH AGGREGATE ANNUAL PROCEEDS.
26. WITHIN THIRTY DAYS FOLLOWING RECEIPT OF PROCEEDS COLLECTED FROM
THE AUCTION OR SALE OF ALLOWANCES ALLOCATED BY THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION TO THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF
SECTION 75-0121 OF THE ENVIRONMENTAL CONSERVATION LAW AND REGULATIONS
ADOPTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO
ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW AND OTHER
EXISTING AUTHORITY, THE AUTHORITY SHALL TRANSFER SUCH FUNDS FROM SUCH
SEGREGATED AUTHORITY FUNDING ACCOUNT TO THE CLIMATE AND COMMUNITY
PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-QQ OF THE
STATE FINANCE LAW.
27. WITHIN SIXTY DAYS FOLLOWING THE DEPOSIT OF PROCEEDS COLLECTED FROM
THE AUCTION OR SALE OF ALLOWANCES AS OUTLINED IN SUBDIVISION TWENTY-SIX
OF THIS SECTION, THE AUTHORITY SHALL ISSUE TO THE GOVERNOR AND THE
LEGISLATURE, AND POST ON ITS WEBSITE, A DETAILED REPORT WHICH SHALL
INCLUDE, BUT IS NOT LIMITED TO, THE AMOUNT OF REVENUE GENERATED BY THE
AUCTION OR SALE OF ALLOWANCES UNDER SUBDIVISION TWENTY-FIVE OF THIS
SECTION, THE NUMBER OF ENTITIES THAT PURCHASED ALLOWANCES, THE NUMBER OF
ENTITIES THAT RECEIVED REDUCED COST ALLOWANCES, THE NUMBER OF ALLOWANCES
SOLD AT REDUCED COST, AND THE AMOUNTS PAID FOR REDUCED COST ALLOWANCES.
28. THE AUTHORITY SHALL ANNUALLY ISSUE TO THE GOVERNOR AND THE LEGIS-
LATURE, AND POST ON ITS WEBSITE, BEGINNING THE NEXT FISCAL YEAR SUCCEED-
ING THE FIRST ALLOCATION OF FUNDS FROM THE CLIMATE AND COMMUNITY
S. 4008--B 119
PROTECTION FUND, A REPORT DETAILING THE USE OF SUCH FUNDS, INCLUDING
INFORMATION REGARDING THE PROGRAMS TO WHICH SUCH FUNDS ARE APPROPRIATED,
INFORMATION REGARDING RECIPIENTS OF FUNDS PURSUANT TO SUCH PROGRAMS, AND
INFORMATION REGARDING OUTCOMES OF SUCH PROGRAMMATIC SPENDING.
§ 8. Intentionally omitted.
§ 9. Subdivision 2 of section 75-0119 of the environmental conserva-
tion law is amended by adding a new paragraph k to read as follows:
K. IN PARTICIPATION WITH THE COMMISSIONER OF LABOR, AN ASSESSMENT OF
STANDARDS BEING IMPLEMENTED AS A RESULT OF REQUIREMENTS SET FORTH IN
ARTICLE EIGHT-B OF THE LABOR LAW.
§ 10. The labor law is amended by adding a new article 8-B to read as
follows:
ARTICLE 8-B
CLEAN ENERGY AND ENERGY EFFICIENCY LABOR AND WORKFORCE DEVELOPMENT
STANDARDS
SECTION 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
§ 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION. 1. ALL PUBLIC
ENTITIES INVOLVED IN IMPLEMENTING PROJECTS FUNDED FROM THE CLIMATE AND
COMMUNITY PROTECTION FUND SHALL ASSESS AND IMPLEMENT STRATEGIES TO
INCREASE EMPLOYMENT OPPORTUNITIES AND IMPROVE JOB QUALITY. WITHIN ONE
HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE EXECUTIVE
SHALL PUBLISH A REPORT, ACCESSIBLE ON THE STATE'S WEBSITE, WHICH
PROVIDES:
A. STEPS THAT WILL BE TAKEN TO ENSURE COMPLIANCE WITH THIS SECTION,
INCLUDING THE DEPARTMENT OR OFFICE, OR COMBINATION THEREOF, CHARGED WITH
IMPLEMENTATION;
B. REGULATIONS NECESSARY TO ENSURE THE PRIORITIZATION OF THE STATEWIDE
GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES; AND
C. STEPS THAT WILL BE TAKEN WITH ALL PUBLIC ENTITIES, INCLUDING LOCAL
AND COUNTY LEVEL GOVERNMENTS TO IMPLEMENT A SYSTEM TO TRACK COMPLIANCE,
ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND REPORT
ANNUALLY ON THE ADOPTION OF THESE STANDARDS TO THE LEGISLATURE STARTING
ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
2. FOR PURPOSES OF THIS SECTION "PUBLIC FUNDS" SHALL MEAN:
A. THE PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING
ON BEHALF OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO OR ON
BEHALF OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT
SUBJECT TO REPAYMENT;
B. THE SAVINGS ACHIEVED FROM FEES, RENTS, INTEREST RATES, OR OTHER
LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATEMENTS,
TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU
OF TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN COSTS
THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER OR MARKET RATE BUT FOR THE
INVOLVEMENT OF THE PUBLIC ENTITY;
C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
GENT BASIS; OR
D. CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF
OBLIGATIONS TO THE PUBLIC ENTITY.
E. IN ADDITION TO ANY FORM OF FUNDING OR FINANCING COVERED BY SECTION
TWO HUNDRED TWENTY-FOUR-D OF THIS CHAPTER OR ARTICLE FOUR OF THE PUBLIC
SERVICE LAW, ANY OTHER FORM OF FINANCING OR INCENTIVE PROVIDED BY,
SECURED BY, OR OTHERWISE FACILITATED BY A PUBLIC ENTITY, INCLUDING BUT
NOT LIMITED TO THE NY GREEN BANK.
3. FOR PURPOSES OF THIS SECTION "PUBLIC FUNDS" SHALL NOT MEAN RENEWA-
BLE ENERGY CREDITS.
S. 4008--B 120
4. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE THE
STATE AND ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING BUT NOT LIMITED
TO COUNTIES, MUNICIPALITIES, AGENCIES, AUTHORITIES, PUBLIC BENEFIT
CORPORATIONS, PUBLIC TRUSTS, AND LOCAL DEVELOPMENT CORPORATIONS AS
DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE
PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN
SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS-
TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED
PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
BY ANY SUCH ENTITIES.
5. IN CONSIDERING AND ISSUING PERMITS, LICENSES, REGULATIONS,
CONTRACTS AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS NECESSARY FOR
IMPLEMENTATION OF PROJECTS FROM THE CLIMATE AND COMMUNITY PROTECTION
FUND, ALL PUBLIC ENTITIES SHALL APPLY THE FOLLOWING STANDARDS TO ANY
PROJECT OR PROGRAM PAID FOR IN WHOLE, OR IN PART, BY PUBLIC FUNDS:
A. FOR ANY CONSTRUCTION WORK, THE PAYMENT OF NO LESS THAN PREVAILING
WAGES FOR ALL EMPLOYEES OF ANY CONTRACTORS AND SUBCONTRACTORS, CONSIST-
ENT WITH SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED
TWENTY-B, TWO HUNDRED TWENTY-I, TWO HUNDRED TWENTY-THREE, AND TWO
HUNDRED TWENTY-FOUR-B OF THIS CHAPTER, AND BUILDING SERVICES, CONSISTENT
WITH ARTICLE NINE OF THIS CHAPTER; WHERE A RECIPIENT OF FINANCIAL
ASSISTANCE CONTRACTS BUILDING SERVICE WORK OR OPERATIONS AND MAINTENANCE
WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO THE
SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE RECIPIENT. THE
RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY
CONTRACT SIGNED WITH A CONTRACTOR.
B. (I) ANY PUBLIC ENTITY RECEIVING AT LEAST FIVE MILLION DOLLARS
($5,000,000) FROM FUNDS ALLOCATED PURSUANT TO THE CLIMATE AND COMMUNITY
PROTECTION FUND FOR A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECON-
STRUCTION, ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION,
DEVELOPMENT OR OTHER IMPROVEMENT OF ANY BUILDING, STRUCTURE OR LAND,
SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY-TWO OF THIS CHAPTER.
(II) ANY PRIVATELY OWNED PROJECT RECEIVING FUNDS ALLOCATED PURSUANT TO
THE CLIMATE AND COMMUNITY PROTECTION FUND WHICH UTILIZES A PROJECT LABOR
AGREEMENT ON SUCH PROJECT SHALL NOT BE SUBJECT TO ARTICLE EIGHT OF THIS
CHAPTER.
C. THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO ESTAB-
LISH LABOR HARMONY POLICIES. THE PUBLIC ENTITY MAY REQUIRE A PRIVATE
OWNER, OR A THIRD PARTY ACTING ON SUCH OWNER'S BEHALF, AS A CONDITION OF
RECEIVING PUBLIC FUNDS, TO STIPULATE TO THE PUBLIC ENTITY THAT IT WILL
ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR
ORGANIZATION EITHER WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY
REPRESENTING EMPLOYEES IN SUCH JOB-TYPE OR, UPON NOTICE, BY A BONA FIDE
LABOR ORGANIZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES IN SUCH
JOB-TYPE. FOR PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN
AGREEMENT BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT A MINIMUM,
PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGAN-
IZATIONS AND MEMBERS FROM ENGAGING IN WORK STOPPAGES, BOYCOTTS, AND ANY
OTHER ECONOMIC INTERFERENCE WITH THE RELEVANT PROJECT OR PROGRAM.
D. (I) THE INCLUSION OF CONTRACT LANGUAGE WITH A PROVISION THAT THE
IRON, STEEL, ALUMINUM, GLASS, COPPER, MANUFACTURED PRODUCTS, AND
CONSTRUCTION PRODUCTS, INCLUDING WITHOUT LIMITATION, VEHICLES, OMNIBUS-
S. 4008--B 121
ES, SCHOOL BUSES, TRUCKS, CONSTRUCTION EQUIPMENT, EARTH MOVING EQUIP-
MENT, CRANES, DRILLING EQUIPMENT, ROLLING STOCK, TRAIN CONTROL EQUIP-
MENT, COMMUNICATION EQUIPMENT, TRACTION POWER EQUIPMENT, ROLLING STOCK
PROTOTYPES, ROLLING STOCK FRAMES, ROLLING STOCK CAR SHELLS, BATTERIES,
CHARGING EQUIPMENT, FUEL CELLS, FUELING EQUIPMENT, TURBINES, NACELLES,
BLADES, ROTORS, GENERATORS, MOTORS, HUBS, CABLE, CONDUIT, CONTROLLERS,
TOWERS, PHOTOVOLTAIC CELLS, SOLAR PANELS, METERS, INVERTERS, PIPE,
TUBING, FITTINGS, TANKS, FLANGES, VALVES, CONCRETE, REBAR, BRICK, AGGRE-
GATE, CONCRETE BLOCK, CEMENT, TIMBER, LUMBER, TILE, AND DRYWALL USED OR
SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO,
SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED
STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF AN IRON, STEEL,
OR ALUMINUM PRODUCT, ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT-
INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
ADDITIVES.
(II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE PRESIDENT AND CEO
(IN THIS SECTION REFERRED TO AS "PRESIDENT AND CEO") OF THE NEW YORK
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) FINDS THAT: (1)
APPLYING SUBPARAGRAPH (I) OF THIS PARAGRAPH WOULD BE INCONSISTENT WITH
THE PUBLIC INTEREST; (2) PRODUCTS ARE NOT PRODUCED IN THE UNITED STATES
IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATISFACTORY
QUALITY; OR (3) INCLUSION OF PRODUCTS PRODUCED IN THE UNITED STATES WILL
INCREASE THE COST OF THE OVERALL PROJECT BY MORE THAN TWENTY-FIVE
PERCENT. IF THE PRESIDENT AND CEO RECEIVES A REQUEST FOR A WAIVER UNDER
THIS SUBDIVISION, THE PRESIDENT AND CEO SHALL MAKE AVAILABLE TO THE
PUBLIC ON AN INFORMAL BASIS A COPY OF THE REQUEST AND INFORMATION AVAIL-
ABLE TO THE PRESIDENT AND CEO CONCERNING THE REQUEST, AND SHALL ALLOW
FOR INFORMAL PUBLIC INPUT ON THE REQUEST FOR AT LEAST FIFTEEN DAYS PRIOR
TO MAKING A FINDING BASED ON THE REQUEST. THE PRESIDENT AND CEO SHALL
MAKE THE REQUEST AND ACCOMPANYING INFORMATION AVAILABLE BY ELECTRONIC
MEANS, INCLUDING ON THE OFFICIAL PUBLIC WEBSITE OF NYSERDA. THE
PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY FOR
PRODUCTS PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
(III) THE HEAD OF THE CONTRACTING PUBLIC ENTITY MAY, AT HIS OR HER
SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST FOR PROPOSAL,
INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD
PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFE-
RORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS PARAGRAPH
INVOLVING A COMPETITIVE PROCESS IN WHICH THE EVALUATION OF COMPETING
BIDS GIVES SIGNIFICANT CONSIDERATION IN THE EVALUATION PROCESS TO THE
PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW
YORK STATE.
E. APPRENTICESHIP AND WORKFORCE DEVELOPMENT UTILIZATION: (I) WHEREVER
POSSIBLE, CONTRACTORS AND SUBCONTRACTORS SHOULD BE REQUIRED TO PARTIC-
IPATE IN APPRENTICESHIP PROGRAMS, REGISTERED IN ACCORDANCE WITH ARTICLE
TWENTY-THREE OF THIS CHAPTER, IN THE TRADES IN WHICH THEY ARE PERFORMING
WORK; (II) FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, THE USE OF
WORKFORCE TRAINING, PREFERABLY IN CONJUNCTION WITH A BONA FIDE LABOR
ORGANIZATION, SHALL BE REQUIRED; AND (III) ENCOURAGEMENT OF REGISTERED
PRE-APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE RECRUITMENT OF LOCAL
AND/OR DISADVANTAGED WORKERS.
F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR
BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION
OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC
S. 4008--B 122
EMPLOYEES SHALL BE PRESERVED AND PROTECTED. NOTHING IN THIS SECTION
SHALL RESULT IN THE: (I) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER
OR LOSS OF POSITION (INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION
IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS) OR
RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS;
(II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE
AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED
ENTITIES TO A CONTRACTING ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND
FUNCTIONS ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A
CONTRACTING ENTITY.
6. A. ANY PUBLIC ENTITY REQUESTING BIDS OR AWARDING CONTRACTS FOR
RENEWABLE ENERGY PROJECTS, ENERGY EFFICIENCY PROJECTS, OR OTHER PROJECTS
FUNDED BY THE CLIMATE AND COMMUNITY PROTECTION FUND, EXCEPT FOR
CONSTRUCTION PROJECTS, SHALL REQUIRE ANY APPLICANT, BIDDER, OR RESPONDER
TO SUBMIT A NEW YORK JOBS PLAN AS PART OF ITS APPLICATION, BID OR
RESPONSE. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE NEW YORK
STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY (NYSERDA), IN CONSULTA-
TION WITH THE DEPARTMENT, SHALL DEVELOP ALL FORMS, PROCEDURES, EVALU-
ATION AND SCORING CRITERIA, AND GUIDANCE, NECESSARY FOR THE IMPLEMENTA-
TION OF THE NEW YORK JOBS PLAN. TO THE EXTENT FEASIBLE, THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION AND NYSERDA, IN CONSULTATION WITH THE
DEPARTMENT, SHALL CONSIDER THE INPUT AND RECOMMENDATIONS OF RELEVANT
PUBLIC ENTITIES ON THE DEVELOPMENT OF THE NEW YORK JOBS PLAN.
B. THE NEW YORK JOBS PLAN SHALL REQUIRE APPLICANTS, BIDDERS, AND
RESPONDERS TO PROVIDE INFORMATION ON JOBS THAT WOULD RESULT FROM BEING
AWARDED THE BID OR CONTRACT FOR SUCH PROJECTS. AT A MINIMUM, THIS SHALL
INCLUDE THE FOLLOWING INFORMATION FOR NONSUPERVISORY POSITIONS, BROKEN
DOWN BY CLASSIFICATION:
(I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS RETAINED, AND THE
NUMBER TO BE CREATED.
(II) THE NUMBER OF POSITIONS CLASSIFIED AS EMPLOYEES, AS DEFINED IN
SECTION SEVEN HUNDRED FORTY OF THIS CHAPTER, AND POSITIONS CLASSIFIED AS
INDEPENDENT CONTRACTORS.
(III) THE NUMBER OF JOBS TO BE SPECIFICALLY RESERVED FOR INDIVIDUALS
FACING BARRIERS TO EMPLOYMENT AND THE NUMBER TO BE RESERVED FOR INDIVID-
UALS FROM DISADVANTAGED COMMUNITIES.
(IV) THE MINIMUM WAGES AND FRINGE BENEFITS AMOUNTS TO BE PAID.
(V) THE PROPOSED AMOUNTS FOR WORKER TRAINING AND INFORMATION ABOUT ANY
EXISTING APPRENTICESHIP PROGRAM REGISTERED WITH THE DEPARTMENT OR A
FEDERALLY RECOGNIZED STATE APPRENTICESHIP AGENCY AND THAT COMPLIES WITH
THE REQUIREMENTS UNDER PARTS 29 AND 30 OF TITLE 29, CODE OF FEDERAL
REGULATIONS.
(VI) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES USE
OF A GEOGRAPHIC PREFERENCE OR WHEN COVERED PUBLIC CONTRACTS ARE FUNDED
EXCLUSIVELY THROUGH STATE OR LOCAL FUNDS, THE NEW YORK JOBS PLAN SHALL
REQUIRE INFORMATION ON THE NUMBER OF LOCAL JOBS TO BE CREATED.
C. AWARDING PUBLIC ENTITIES SHALL REQUIRE THE SAME NEW YORK JOBS PLAN
INFORMATION TO BE SUBMITTED FROM ALL KNOWN SUBCONTRACTORS AT THE TIME OF
THE SOLICITATION OR BID FOR THE PROJECT IS RELEASED.
D. NEW YORK JOBS PLAN COMMITMENTS SHALL BE INCLUDED IN THE CONTRACT
AWARDED BY THE PUBLIC ENTITY OR ITS CONTRACTORS AS A MATERIAL TERM.
E. FOR NON-COMPETITIVE PUBLIC CONTRACTS AWARDED UNDER THIS SECTION,
APPLICANTS, BIDDERS, OR RESPONDERS SHALL CREATE A NEW YORK JOBS PLAN AS
SET FORTH IN THIS SECTION. FOR COMPETITIVE PUBLIC CONTRACTS, PUBLIC
ENTITIES SHALL AWARD CONTRACTS USING A COMPETITIVE BEST-VALUE BID
PROCUREMENT PROCESS. THE APPLICANTS, BIDDERS, OR RESPONDERS NEW YORK
S. 4008--B 123
JOBS PLAN SHALL BE SCORED AS A PART OF THE OVERALL APPLICATION FOR THE
PUBLIC CONTRACT, AWARDING ADDITIONAL CONSIDERATION TO APPLICANTS,
BIDDERS, OR RESPONDERS WHO DO ANY OF THE FOLLOWING:
(I) HAVE THE GREATEST BENEFICIAL ECONOMIC IMPACT ON THE STATE AND
LOCAL ECONOMIES AS A RESULT OF RECEIVING THE PUBLIC CONTRACT, BASED ON
THE PRIORITY CRITERIA OUTLINED IN ITS NEW YORK JOBS PLAN.
(II) ENHANCE THE STATE'S COMMITMENT TO ENERGY CONSERVATION, POLLUTION
AND GREENHOUSE GAS EMISSIONS REDUCTION, AND TRANSPORTATION EFFICIENCY.
(III) RETAIN THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY EMPLOYEES
COMPENSATED AT A WAGE RATE FOR THE PROJECT JURISDICTION AS ESTABLISHED
IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS INSTITUTE
OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING
ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
(IV) MAKE CONCRETE COMMITMENTS TO CREATING THE GREATEST NUMBER OF
FULL-TIME, NON-TEMPORARY JOBS COMPENSATING EMPLOYEES AT A WAGE RATE AT
OR ABOVE THE LIVING WAGE RATE FOR THE PROJECT JURISDICTION AS ESTAB-
LISHED IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS
INSTITUTE OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF
TWO WORKING ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
(V) COMMIT TO AT LEAST NINETY PERCENT OF THE LABOR ON THE CONTRACT
BEING PERFORMED BY WORKERS CLASSIFIED AS EMPLOYEES.
(VI) OFFER TARGETED TRAINING AND OPPORTUNITIES FOR INDIVIDUALS FACING
BARRIERS TO EMPLOYMENT AND WORKERS FROM DISADVANTAGED COMMUNITIES.
F. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND NYSERDA, IN
CONSULTATION WITH THE DEPARTMENT, SHALL DEVELOP A WEB-BASED PORTAL TO
TRACK NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE.
(I) ALL NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE REPORTING SHALL
BE VIEWABLE BY THE PUBLIC, THROUGH THE WEB-BASED PORTAL.
(II) RECIPIENTS OF PUBLIC CONTRACTS, SHALL ON AN ANNUAL BASIS, BE
REQUIRED TO UPLOAD PROGRESS REPORTS ON EACH OF THE COMMITMENTS INCLUDED
IN THEIR NEW YORK JOBS PLAN APPLICATION, FOR THE DURATION OF THE COVERED
PUBLIC CONTRACT.
(III) THE PORTAL SHALL BE DESIGNED IN SUCH A MANNER THAT IF THE INFOR-
MATION ENTERED INTO THE PORTAL INDICATES A FAILURE TO COMPLY WITH THE
COMMITMENTS MADE IN THE NEW YORK JOBS PLAN, AN AUTOMATIC NOTICE OF
NONCOMPLIANCE WOULD BE SENT TO THE PUBLIC ENTITY FOR THE COVERED PUBLIC
CONTRACT.
(IV) NONCOMPLIANCE WITH NEW YORK JOBS PLAN COMMITMENTS WOULD VIOLATE
THE TERMS OF THE PUBLIC CONTRACT. AT A MINIMUM THESE COMMITMENTS WOULD
BE ENFORCEABLE THROUGH STANDARD BREACH OF CONTRACT REMEDIES, INCLUDING
BUT NOT LIMITED TO, TERMINATION OF THE PUBLIC CONTRACT.
7. ANY RENEWABLE ENERGY PROJECT CREATED IN WHOLE OR PARTLY WITH FINAN-
CIAL ASSISTANCE FROM A PUBLIC ENTITY SHALL DEMONSTRATE THAT THE DEVELOP-
ER HAS ENTERED INTO A MEMORANDUM OF UNDERSTANDING FOR THE OPERATION AND
MAINTENANCE OF SAID PROJECT WITH A BONA FIDE LABOR ORGANIZATION OF
JURISDICTION. THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECESSARY
FOR THE MAINTENANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENERATION
PROJECTS. THE MEMORANDUM SHALL BE AN ONGOING MATERIAL CONDITION OF
AUTHORIZATION TO OPERATE AND MAINTAIN THE RENEWABLE ENERGY PROJECTS
UNDER THIS ACT. SUCH MEMORANDUM SHALL BE LEGALLY BINDING AND CONTAIN BUT
NOT LIMITED TO SAFETY AND TRAINING STANDARDS, DISASTER RESPONSE MEAS-
URES, GUARANTEED HOURS, STAFFING LEVELS, PAY RATE PROTECTION AND
RETRAINING PROGRAMS. THE COMMISSIONER SHALL EVALUATE WHETHER THERE ARE
ADDITIONAL STANDARDS THAT COULD BE APPLIED TO INCREASE WAGE AND BENEFIT
STANDARDS OR TO ENCOURAGE A SAFE, WELL-TRAINED, AND ADEQUATELY COMPEN-
SATED WORKFORCE.
S. 4008--B 124
8. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
9. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A PUBLIC ENTITY
FROM SETTING ADDITIONAL REQUIREMENTS OR STANDARDS IN ADDITION TO THOSE
SET FORTH IN THIS ARTICLE.
§ 11. The public authorities law is amended by adding a new section
1886 to read as follows:
§ 1886. CLIMATE REBATES. 1. THE AUTHORITY SHALL DEVELOP A REBATE
PROGRAM TO REDUCE POTENTIAL INCREASED COSTS TO INDIVIDUALS AND SMALL
BUSINESSES RESULTING FROM REGULATORY CHANGES UNDERTAKEN PURSUANT TO
ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW.
2. PROGRAM DESIGN SHALL BE GUIDED BY THE FINDINGS AND RECOMMENDATIONS
OF THE FINAL SCOPING PLAN PREPARED PURSUANT TO SECTION 75-0103 OF THE
ENVIRONMENTAL CONSERVATION LAW AND THE STUDY CONDUCTED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
3. THE AUTHORITY, IN CONSULTATION WITH THE CLIMATE JUSTICE WORKING
GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL
CONSERVATION LAW, SHALL CONDUCT IN COLLABORATION WITH THE OFFICE OF
EQUITY FOR ENERGY AND CLIMATE, THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENTS OF HEALTH
AND LABOR TO DETERMINE HOW TO BEST STRUCTURE AND DISTRIBUTE REBATES TO
INDIVIDUALS PURSUANT TO THIS SECTION IN AN EQUITABLE MANNER; PROVIDED
HOWEVER THAT SUCH REBATE PROGRAM SHALL PRIMARILY BE DIRECTED TO LOW-IN-
COME HOUSEHOLDS AND DISADVANTAGED COMMUNITIES. SUCH STUDY SHALL BE
COMPLETED BY THE FIRST OF FEBRUARY TWO THOUSAND TWENTY-FOUR, AND SHALL
BE PROVIDED TO THE GOVERNOR AND THE LEGISLATURE.
4. (A) THE AUTHORITY SHALL ESTABLISH A VARIETY OF REBATE TYPES TO MEET
THE VARIED NEEDS OF THE PEOPLE OF THE STATE, WHICH MAY INCLUDE TAX CRED-
ITS, TRANSIT VOUCHERS, DIRECT PAYMENTS, UTILITY ASSISTANCE, OR OTHER
FINANCIAL BENEFITS AS ARE REASONABLE AND PRACTICABLE. THE AUTHORITY
SHALL, AS APPROPRIATE, COLLABORATE WITH THE PUBLIC SERVICE COMMISSION
AND OTHER STATE AGENCIES AND AUTHORITIES IN DEVELOPING AND DISTRIBUTING
SUCH REBATES.
(B) INDIVIDUALS RECEIVING MEANS-TESTED GOVERNMENT ASSISTANCE SHALL
RECEIVE REBATES THROUGH MECHANISMS THAT WILL NOT CONSTITUTE INCOME FOR
PURPOSES OF ANY SUCH MEANS-TESTED GOVERNMENT ASSISTANCE PROGRAMS.
5. AN INDIVIDUAL ELIGIBLE FOR A REBATE PURSUANT TO THE PROVISIONS OF
THIS SECTION MAY OPT OUT OF RECEIVING SUCH REBATE.
6. THE AUTHORITY, IN COLLABORATION WITH THE DEPARTMENT OF ECONOMIC
DEVELOPMENT AND THE PUBLIC SERVICE COMMISSION, SHALL STRUCTURE A REBATE
PROGRAM FOR SMALL BUSINESSES WHICH IS TARGETED TO SUPPORT THOSE SMALL
BUSINESSES MOST AFFECTED BY THE TRANSITION TO A CLEAN ENERGY ECONOMY.
PREFERENCE SHALL BE GIVEN TO MINORITY- AND WOMEN-OWNED BUSINESSES IN THE
DISTRIBUTION OF SUCH REBATES. FOR PURPOSES OF THIS SECTION, "SMALL BUSI-
NESS" MEANS A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-
ONE OF THE ECONOMIC DEVELOPMENT LAW.
7. THE AUTHORITY SHALL IMPLEMENT THE REBATE PROGRAM IN A MANNER THAT
LIMITS THE ADMINISTRATIVE EFFORT REQUIRED OF RECIPIENTS OF REBATES.
8. THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND
REGULATIONS TO EFFECT THE PROVISIONS OF THIS SECTION, AND SHALL HOLD NO
FEWER THAN THREE PUBLIC HEARINGS IN CONNECTION THEREWITH.
§ 12. The state finance law is amended by adding a new section 92-qq
to read as follows:
S. 4008--B 125
§ 92-QQ. CLIMATE AND COMMUNITY PROTECTION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CLIMATE AND
COMMUNITY PROTECTION FUND".
2. (A) THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND
DISTINCT ACCOUNTS WITHIN THE CLIMATE AND COMMUNITY PROTECTION FUND:
(I) THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT;
(II) THE COMMUNITY TRANSITION ACCOUNT;
(III) THE WORKER TRANSITION ACCOUNT; AND
(IV) THE ENERGY AFFORDABILITY ACCOUNT.
(B) ALL MONEYS RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE CLIMATE
AND COMMUNITY PROTECTION FUND SHALL BE DEPOSITED TO THE CREDIT OF SUCH
ACCOUNTS AS FOLLOWS: FORTY-ONE PERCENT TO THE CLIMATE JOBS AND INFRAS-
TRUCTURE ACCOUNT, TWENTY PERCENT TO THE COMMUNITY TRANSITION ACCOUNT,
SIX PERCENT TO THE WORKER TRANSITION ACCOUNT AND THIRTY-THREE PERCENT TO
THE ENERGY AFFORDABILITY ACCOUNT. NO MONEYS SHALL BE EXPENDED FROM ANY
SUCH ACCOUNT EXCEPT PURSUANT TO APPROPRIATION BY THE LEGISLATURE.
3. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED AND ALL OTHER
MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. ALL SUCH MONEYS SHALL BE INITIALLY DEPOSITED INTO THE
CLIMATE AND COMMUNITY PROTECTION FUND, FOR APPLICATION AS PROVIDED IN
SUBDIVISION FIVE OF THIS SECTION.
4. MONEYS IN THE CLIMATE AND COMMUNITY PROTECTION FUND SHALL BE KEPT
SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTO-
DY OF THE COMPTROLLER. ALL DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED
BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
THE STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH
DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECU-
RITY FOR SUCH DEPOSITS. ANY SUCH MONEYS IN SUCH FUND MAY, UPON THE
DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLIGATIONS IN WHICH THE
COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
OF THIS ARTICLE.
5. (A) ALL MONEYS HERETOFORE AND HEREAFTER DEPOSITED IN THE CLIMATE
AND COMMUNITY PROTECTION TRANSFER ACCOUNT SHALL BE TRANSFERRED BY THE
COMPTROLLER ONLY TO THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT, COMMU-
NITY TRANSITION ACCOUNT, WORKER TRANSITION ACCOUNT, AND ENERGY AFFORDA-
BILITY ACCOUNT. SUCH TRANSFERS SHALL BE MADE AT THE REQUEST OF THE
DIRECTOR OF THE BUDGET.
(B) MONEYS OF THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT SHALL BE
AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF
AVAILABILITY ONLY FOR PROJECTS UNDER TITLE NINE-A OF ARTICLE EIGHT OF
THE PUBLIC AUTHORITIES LAW, PROJECTS UNDER TITLE FIFTEEN OF ARTICLE
FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW, THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NY-SUN PROGRAM, THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY P-12 SCHOOLS: CLEAN
GREEN SCHOOLS INITIATIVE, OFFSHORE WIND PROJECTS, TRANSIT AUTHORITIES,
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TRUCK
VOUCHER INCENTIVE PROGRAM, THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY REGIONAL CLEAN ENERGY HUBS PROGRAM, THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY RENEWABLE CAPITAL PROGRAMS,
METHANE LEAKAGE DETECTION PROJECTS, THERMAL ENERGY NETWORK PILOT
PROGRAMS, COSTS ASSOCIATED WITH SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT
OF THE EDUCATION LAW, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AFFORDABLE MULTIFAMILY ENERGY EFFICIENCY PROGRAM, THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NEW YORK TRUCK VOUCHER
INCENTIVE PROGRAM, THE AGRICULTURAL ENVIRONMENTAL MANAGEMENT PROGRAM
S. 4008--B 126
ESTABLISHED IN ARTICLE ELEVEN-A OF THE AGRICULTURE AND MARKETS LAW,
RESEARCH AND DEVELOPMENT OF PROGRAMS TO SUPPORT THE ECONOMIC VIABILITY
OF FARM-WASTE ELECTRIC GENERATING EQUIPMENT AS DEFINED IN SECTION
SIXTY-SIX-J OF THE PUBLIC SERVICE LAW, PROGRAMS SUPPORTING FARMERS IN
TRANSITIONING TO NON-FOSSIL FUEL FARM EQUIPMENT, THE NEW YORK CITY HOUS-
ING PRESERVATION AND DEVELOPMENT-NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY RETROFIT ELECTRIFICATION PILOT PROGRAM, ZERO-EMIS-
SION STATE LIGHT-DUTY VEHICLE FLEET PROCUREMENT, ZERO-EMISSION MEDIUM-
AND HEAVY-DUTY VEHICLE REBATES FOR MUNICIPALITIES, ZERO-EMISSION LIGHT-
DUTY VEHICLE REBATES FOR MUNICIPALITIES, THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION'S URBAN AND COMMUNITY FORESTRY GRANT PROGRAM, THE FOREST
CONSERVATION EASEMENT LAND TRUSTS GRANT PROGRAM, NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY CLEAN HEAT PROGRAM REBATES AND INCEN-
TIVES, PROGRAMS RELATED TO THE NEW EFFICIENCY: NEW YORK REPORT, AND
OTHER PROGRAMS ADMINISTERED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
WHICH, IN THE DETERMINATION OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AS
APPLICABLE, MEET THE FOLLOWING REQUIREMENTS:
(I) THE PROJECT WILL RESULT IN DIRECT REDUCTIONS IN STATEWIDE GREEN-
HOUSE GAS EMISSIONS AND/OR CO-POLLUTANTS IN COMPLIANCE WITH PROVISIONS
OF SUBDIVISIONS TWO AND THREE OF SECTION 75-0109 OF THE ENVIRONMENTAL
CONSERVATION LAW;
(II) THE PROJECT WILL NOT UTILIZE ANY COMBUSTION FUELS OR FOSSIL FUELS
IN OPERATION; AND
(III) THE PROJECT WILL CREATE JOBS OR SUPPORT ECONOMIC DEVELOPMENT
SUBJECT TO THE STANDARDS SET FORTH IN SECTION TWO HUNDRED TWENTY-EIGHT
OF THE LABOR LAW.
(C) MONEYS FROM THE COMMUNITY TRANSITION ACCOUNT SHALL BE AVAILABLE,
PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABIL-
ITY BY THE DIRECTOR OF THE BUDGET, ONLY FOR DEPARTMENT OF ENVIRONMENTAL
CONSERVATION ENVIRONMENTAL JUSTICE GRANTS, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY ENERGY EQUITY COLLABORATIVE, AND THE
COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM AS ESTABLISHED
PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORI-
TIES LAW.
(D) MONEYS FROM THE WORKER TRANSITION ACCOUNT SHALL BE AVAILABLE,
PURSUANT TO APPROPRIATION, AND UPON CERTIFICATE OF APPROVAL OF AVAIL-
ABILITY BY THE DIRECTOR OF THE BUDGET, ONLY FOR:
(I) GRANTS, INCOME SUPPORT, OR PROGRAMS ADMINISTERED BY A LABOR UNION
OR THE DEPARTMENT OF LABOR WHICH PROVIDE DIRECT SUPPORT FOR WORKERS
ADVERSELY AFFECTED OR DISPLACED BY FOSSIL FUEL FACILITY CLOSURES,
INCLUDING SUPPORT FOR SUCH WORKERS IN STARTING NEW BUSINESS ENTERPRISES.
(II) GRANTS, TAX REPLACEMENT, PAYMENT IN LIEU OF TAXES, OR PROGRAMMAT-
IC SUPPORT FOR LOCAL GOVERNMENTS AND COUNTIES WHICH HAVE HOSTED FOSSIL
FUEL OR ENERGY INFRASTRUCTURE SIGNIFICANTLY IMPACTED BY ENERGY REGULATO-
RY CHANGES, INCLUDING:
(A) THE EMPIRE STATE DEVELOPMENT CORPORATION'S ELECTRIC GENERATION
FACILITY CESSATION MITIGATION PROGRAM;
(B) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S
JUST TRANSITION SITE REUSE PLANNING PROGRAM; AND
(C) STATE ASSISTANCE FOR BROWNFIELD OPPORTUNITY AREAS PURSUANT TO
SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW.
(E) MONEYS FROM THE ENERGY AFFORDABILITY ACCOUNT SHALL BE AVAILABLE,
PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABIL-
ITY BY THE DIRECTOR OF THE BUDGET, FOR:
S. 4008--B 127
(I) PROGRAMS THAT PREVENT INCREASES IN ENERGY BURDEN DUE TO ENERGY
REGULATORY CHANGES;
(II) REDUCING ENERGY USE AND UTILITY COSTS FOR LOW- AND MODERATE-IN-
COME HOUSEHOLDS, SMALL BUSINESSES, AND NOT-FOR-PROFITS, WHICH SHALL
INCLUDE UTILITY AFFORDABILITY PROGRAMS TO BE AUTHORIZED AND ADMINISTERED
BY THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF PUBLIC SERVICE;
(III) AFFORDABILITY REBATE PAYMENTS PURSUANT TO SECTION EIGHTEEN
HUNDRED EIGHTY-SIX OF THE PUBLIC AUTHORITIES LAW; AND
(IV) ASSISTANCE PURSUANT TO SECTION EIGHTEEN HUNDRED SEVENTY-TWO-B OF
THE PUBLIC AUTHORITIES LAW.
(F) AGENCIES OR AUTHORITIES DISTRIBUTING MONEYS OF THE CLIMATE AND
COMMUNITY PROTECTION FUND SHALL BE ENTITLED TO RECOVER FROM SUCH MONEYS
THEIR OWN NECESSARY AND DOCUMENTED COSTS INCURRED IN ADMINISTERING SUCH
DISTRIBUTIONS, PROVIDED, HOWEVER, SUMS SO RECOVERED SHALL NOT EXCEED
FIVE PERCENT OF SUCH MONEYS DISTRIBUTED.
6. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION 75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW,
PROVIDED THAT, NOTWITHSTANDING THE PROVISIONS THEREOF, DISADVANTAGED
COMMUNITIES SHALL RECEIVE THE BENEFITS OF NO LESS THAN FORTY PERCENT OF
SUCH PAYMENTS. PAYMENTS MADE FROM THE CLIMATE JOBS AND INFRASTRUCTURE
ACCOUNT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION,
THE COMMUNITY TRANSITION ACCOUNT PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
SION FIVE OF THIS SECTION, AND PAYMENTS PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION SHALL BE SUBJECT TO
THE REQUIREMENTS OF SECTION SEVEN HUNDRED NINETY OF THE LABOR LAW, AS
APPLICABLE.
7. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
WARRANT OF THE COMPTROLLER.
8. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY AND IN ACCORDANCE
WITH SECTION FOUR OF THIS CHAPTER, THE COMPTROLLER IS HEREBY AUTHORIZED
AT THE DIRECTION OF THE DIRECTOR OF THE DIVISION OF THE BUDGET TO TRANS-
FER MONEYS FROM THE GENERAL FUND TO THE CLIMATE AND COMMUNITY PROTECTION
FUND FOR THE PURPOSE OF MAINTAINING THE SOLVENCY OF THE CLIMATE AND
COMMUNITY PROTECTION FUND. IF, IN ANY FISCAL YEAR, MONEYS IN THE CLIMATE
AND COMMUNITY PROTECTION FUND ARE DEEMED INSUFFICIENT BY THE DIRECTOR OF
THE DIVISION OF THE BUDGET TO MEET ACTUAL AND ANTICIPATED DISBURSEMENTS
FROM ENACTED APPROPRIATIONS OR REAPPROPRIATIONS MADE PURSUANT TO THIS
SECTION, THE COMPTROLLER SHALL AT THE DIRECTION OF THE DIRECTOR OF THE
DIVISION OF THE BUDGET, TRANSFER FROM THE GENERAL FUND TO THE CLIMATE
AND COMMUNITY PROTECTION FUND MONEYS SUFFICIENT TO MEET SUCH DISBURSE-
MENTS. SUCH TRANSFERS SHALL BE MADE ONLY UPON CERTIFICATION OF NEED BY
THE DIRECTOR OF THE DIVISION OF THE BUDGET, WITH COPIES OF SUCH CERTIF-
ICATION FILED WITH THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, THE
CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMP-
TROLLER.
§ 13. The public authorities law is amended by adding a new section
1872-b to read as follows:
§ 1872-B. GAP FUNDING FOR GREEN RESIDENTIAL BUILDINGS. 1. THE AUTHORI-
TY SHALL ESTABLISH AND ADMINISTER A PROGRAM TO PROVIDE ASSISTANCE FOR
RESIDENCES TO MEET GREEN RESIDENTIAL BUILDING STANDARDS AS DEFINED IN
SECTION EIGHTEEN HUNDRED SEVENTY-TWO OF THIS TITLE FOR CIRCUMSTANCES AND
APPLICATIONS IN WHICH OTHER ASSISTANCE IS LACKING OR INADEQUATE TO MEET
IDENTIFIED NEEDS.
2. SUCH PROGRAM SHALL ADDRESS EXISTING ISSUES IN BROADER ACHIEVEMENT
OF GREEN RESIDENTIAL BUILDING STANDARDS, AND IN SO DOING, SHALL CONSID-
ER, AT MINIMUM:
S. 4008--B 128
(A) APPROPRIATENESS OF NON-ENERGY MEASURES SUCH AS ELECTRIFICATION
READINESS;
(B) LOCAL SUPPLY CHAIN DEVELOPMENT;
(C) INCREASING VISIBILITY AND OUTREACH OF AUTHORITY PROGRAMS;
(D) WHOLE-HOME RETROFITTING OPTIONS; AND
(E) PILOT PROGRAMS FOR LOW-INCOME RESIDENTS.
3. THE AUTHORITY SHALL IMPLEMENT STRATEGIES TO MITIGATE ADVERSE
ECONOMIC IMPACTS OF THE PROGRAM ON TENANTS, INCLUDING BUT NOT LIMITED TO
RESIDENTS IN RENT-REGULATED HOUSING OR RECIPIENTS OF HOUSING SUBSIDIES.
§ 14. The public authorities law is amended by adding a new section
1885 to read as follows:
§ 1885. OFFICE OF EQUITY FOR ENERGY AND CLIMATE. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(A) "COMMUNITY SOLUTIONS FUND" SHALL MEAN THE COMMUNITY DIRECTED
CLIMATE SOLUTIONS FUND ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
(B) "OFFICE" SHALL MEAN THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE
ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(C) "SOLUTIONS GRANTS PROGRAM" SHALL MEAN THE COMMUNITY DIRECTED
CLIMATE SOLUTIONS GRANTS PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION.
2. OFFICE OF EQUITY FOR ENERGY AND CLIMATE. (A) THERE IS ESTABLISHED
WITHIN THE AUTHORITY AN OFFICE OF EQUITY FOR ENERGY AND CLIMATE.
(B) THE PURPOSE OF THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE IS TO
SUPPORT LOCAL AND COMMUNALLY DEVELOPED CLIMATE PROJECTS TO SUPPORT
DISADVANTAGED COMMUNITIES, INCLUDING BY ESTABLISHING AND ADMINISTERING
THE COMMUNITY SOLUTIONS FUND AND THE SOLUTIONS GRANTS PROGRAM PURSUANT
TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
3. THE COMMUNITY DIRECTED CLIMATE SOLUTIONS FUND. THERE IS ESTABLISHED
WITHIN THE OFFICE THE COMMUNITY SOLUTIONS FUND, OUT OF WHICH THE OFFICE
SHALL MAKE GRANTS PURSUANT TO THE SOLUTIONS GRANTS PROGRAM.
4. COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM. (A) THE OFFICE
SHALL ESTABLISH THE COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM
TO PROVIDE ASSISTANCE TO COMMUNITY-BASED ORGANIZATIONS, PROJECTS, AND
INITIATIVES THAT MAY NOT MEET APPLICATION CRITERIA FOR OTHER ASSISTANCE
PROGRAMS, OR FOR WHICH OTHER ASSISTANCE PROGRAMS ARE INADEQUATE.
(B) THE OFFICE SHALL DESIGN THE SOLUTIONS GRANTS PROGRAM, TO THE
EXTENT PRACTICABLE AND PERMISSIBLE, TO MAXIMIZE THE ABILITY OF GRANT
RECIPIENTS TO USE SUCH GRANTS AS MATCHING FUNDS IN OTHER ASSISTANCE
PROGRAM APPLICATIONS AND/OR TO LEVERAGE THE FUNDING TO RECEIVE ADDI-
TIONAL GRANTS FROM OTHER ASSISTANCE PROGRAMS.
(C) THE OFFICE SHALL IDENTIFY THE NEEDS OF DISADVANTAGED COMMUNITIES
TO PRIORITIZE GRANT ALLOCATION. SUCH IDENTIFICATION PROCESS SHALL
INCLUDE SIGNIFICANT CONSULTATION WITH COMMUNITY STAKEHOLDERS IN A VARIE-
TY OF DISADVANTAGED COMMUNITIES THROUGHOUT THE STATE, AT LEAST THREE
PUBLIC HEARINGS, AND OTHER OPPORTUNITIES FOR PUBLIC INPUT. THE OFFICE
SHALL ALSO CONSULT WITH THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED
PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
(D) APPLICANTS ELIGIBLE FOR THE SOLUTIONS GRANTS PROGRAM. (I) LEAD
APPLICANTS ELIGIBLE FOR GRANTS SHALL BE CONSTITUENCY-BASED ORGANIZA-
TIONS, TRIBAL NATIONS, OR, IN COMMUNITIES WHERE NEITHER CONSTITUENCY-
BASED ORGANIZATIONS OR TRIBAL NATIONS EXIST OR DO NOT WISH TO APPLY FOR
SUCH GRANTS, A MUNICIPALITY.
S. 4008--B 129
(II) SUB-APPLICANTS MAY INCLUDE OTHER NON-PROFIT ORGANIZATIONS,
ACADEMIC INSTITUTIONS, LOCAL BUSINESSES, MUNICIPALITIES AND OTHER SIMI-
LARLY-SITUATED STAKEHOLDERS.
(E) THE FOLLOWING RESTRICTIONS SHALL APPLY TO THE COMMUNITY DIRECTED
CLIMATE SOLUTIONS GRANTS PROGRAM:
(I) GRANTS SHALL ONLY BE MADE FOR PROJECTS THAT REDUCE ENERGY COSTS,
ENHANCE CLIMATE CHANGE RESILIENCY INCLUDING BUT NOT LIMITED TO REDUCTION
OF URBAN HEAT ISLAND EFFECTS AND FLOODING PROTECTIONS, OR THAT SUPPORT
COMMUNITY OWNERSHIP AND GOVERNANCE OF ENERGY INFRASTRUCTURE.
(II) AT LEAST SEVENTY-FIVE PERCENT OF FUNDING ALLOCATED TO THIS
PROGRAM MUST SUPPORT PROJECTS LOCATED WITHIN DISADVANTAGED COMMUNITIES.
(III) UP TO TWENTY-FIVE PERCENT OF FUNDING ALLOCATED TO THIS PROGRAM
MAY SUPPORT PROJECTS LOCATED OUTSIDE DISADVANTAGED COMMUNITIES, PROVIDED
THAT SUCH FUNDING PROVIDES A BENEFIT TO DISADVANTAGED COMMUNITIES,
INCLUDING THOSE BENEFITS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS PARA-
GRAPH.
(IV) TO THE EXTENT PRACTICABLE, GRANTS SHALL BE DISTRIBUTED EQUITABLY
TO DISADVANTAGED COMMUNITIES THROUGHOUT THE STATE, BASED ON POPULATION.
(V) GRANTS SHALL ONLY BE MADE FOR PROJECTS WHICH SATISFY THE COMMUNITY
DECISION-MAKING AND ACCOUNTABILITY STANDARDS ESTABLISHED PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION.
(VI) PROJECTS FUNDED BY GRANTS MADE UNDER THE SOLUTIONS GRANTS PROGRAM
SHALL BE SUBJECT TO THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-EIGHT
OF THE LABOR LAW.
(VII) PREFERENCE SHALL BE GIVEN TO PROPOSALS THAT INCLUDE SIGNIFICANT
PARTICIPATION BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.
5. THE OFFICE SHALL DEVELOP AND ESTABLISH STANDARDS FOR COMMUNITY
DECISION-MAKING AND ACCOUNTABILITY MECHANISMS WITH RESPECT TO ELIGIBLE
PROJECTS AND THE USE OF GRANT FUNDING PURSUANT TO THE PROVISIONS OF THIS
SECTION.
6. BEGINNING ONE YEAR AFTER ITS ESTABLISHMENT AND ANNUALLY THEREAFTER,
THE OFFICE SHALL SUBMIT A REPORT TO THE CLIMATE JUSTICE WORKING GROUP
ESTABLISHED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVA-
TION LAW, THE GOVERNOR AND THE LEGISLATURE ON THE USE OF FUNDS IN THE
COMMUNITY DIRECTED CLIMATE SOLUTIONS FUND, INCLUDING INFORMATION REGARD-
ING RECIPIENTS OF THE SOLUTIONS GRANTS PROGRAM.
§ 15. This act shall take effect immediately.
PART BBB
Intentionally Omitted
PART CCC
Section 1. The parks, recreation and historic preservation law is
amended by adding a new section 3.27 to read as follows:
§ 3.27 STATE PARKS PASSPORT PROGRAM. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE COMMISSIONER SHALL ESTABLISH A STATE PARKS PASS-
PORT PROGRAM.
2. THE STATE PARKS PASSPORT PROGRAM SHALL USE A PRINTED PASSPORT BOOK
OR ELECTRONIC APPLICATION TO ALLOW VISITORS TO STATE PARKS AND HISTORIC
SITES TO LOG THEIR VISITS TO SUCH SITES WITH INK STAMPS OR ELECTRONIC
STAMPS, AND INK STAMPS OR ELECTRONIC STAMPS THAT IDENTIFY EACH STATE
PARK OR HISTORIC SITE BY NAME. THE COSTS ASSOCIATED WITH THE DEVELOPMENT
OF THE STATE PARKS PASSPORT PROGRAM SHALL BE DERIVED FROM THE PATRON
S. 4008--B 130
SERVICES ACCOUNT OF THE MISCELLANEOUS SPECIAL REVENUE FUND. THE COMMIS-
SIONER MAY CHARGE PURCHASERS OF THE PRINTED PASSPORT BOOK OR ELECTRONIC
APPLICATION FOR THE COSTS ASSOCIATED FOR PRINTING OR DEVELOPING THOSE
MATERIALS.
3. THE COMMISSIONER MAY DESIGNATE A SUBSET OF SUCH SITES EACH YEAR TO
HIGHLIGHT VARIOUS REGIONS OF THE STATE OR VARIOUS STATE PARK REGIONS.
THE COMMISSIONER MAY PROVIDE FOR THE CONDUCTING OF SPECIAL EVENTS THAT
EMPHASIZE OUTDOOR RECREATION OR FITNESS FOR CERTAIN SUBSETS OF PARK
ATTENDEES INCLUDING, BUT NOT LIMITED TO, CHILDREN AND SENIOR CITIZENS.
4. THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AS MAY BE NECES-
SARY FOR THE OPERATION OF THE STATE PARKS PASSPORT PROGRAM.
§ 2. This act shall take effect immediately.
PART DDD
Section 1. The office of parks, recreation and historic preservation
and the office of mental health are hereby authorized and directed to
jointly conduct a study on a proposed extension of the Long Island Motor
Parkway trail, a part of the Brooklyn Queens Greenway, east from
Winchester Boulevard to Little Neck Parkway in the county of Queens to
the trailhead of the planned Motor Parkway trail in the county of
Nassau.
1. Such study shall address no less than the following issues:
(a) The estimated total cost of the project.
(b) The estimated duration of the project.
(c) The impact construction will have on local traffic patterns.
(d) The environmental impact of the project, represented in an envi-
ronmental impact statement, if such statement is required by law, or is
deemed warranted according to the discretion of the office of parks,
recreation and historic preservation.
(e) Assess if the project could provide a connection between the
Empire State Trail and the counties of Kings, Queens, Nassau and
Suffolk.
(f) Identify areas for cooperation between agencies who have purview
over this project and/or relevant properties and solicit and incorporate
input from such agencies.
2. The office of parks, recreation and historic preservation and the
office of mental health shall report such findings to the governor and
the legislature within one year after the effective date of this act.
§ 2. This act shall take effect immediately and shall expire one year
after it shall have become a law when upon such date the provisions of
this act shall be deemed repealed.
PART EEE
Section 1. The environmental conservation law is amended by adding a
new section 75-0121 to read as follows:
§ 75-0121. AGENCY CLIMATE EXPENDITURE REPORTING.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI-
SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
(B) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW, OR
ANY OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
S. 4008--B 131
CIVIL OFFICE OF THE STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL
AUTHORITY OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
(C) "STATE CLIMATE GOALS" MEANS THE STATEWIDE GREENHOUSE GAS EMISSIONS
LIMITS ESTABLISHED PURSUANT TO SECTION 75-0107 OF THIS ARTICLE AND ANY
RULES OR REGULATIONS PROMULGATED PURSUANT THERETO OR PURSUANT TO SECTION
75-0109 OF THIS ARTICLE, AND ANY STATE MEASURES AND ACTIONS CONTAINED IN
THE SCOPING PLAN ADOPTED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
2. ANNUAL AGENCY CLIMATE EXPENDITURE REPORT. IN ADDITION TO THE INFOR-
MATION REQUIRED BY ARTICLE VII OF THE CONSTITUTION, THE GOVERNOR SHALL
SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER THAN JANUARY THIRTIETH
OF EACH YEAR, AN ANNUAL AGENCY CLIMATE EXPENDITURE REPORT. SUCH REPORT
SHALL CONTAIN A COMPREHENSIVE ESTIMATE AND SUMMARY OF SPENDING TO
ACHIEVE THE STATE CLIMATE GOALS FOR EACH INDIVIDUAL AGENCY AND FOR THE
STATE AS A WHOLE, BROKEN DOWN FOR EACH INDIVIDUAL CLIMATE GOAL INCLUD-
ING:
(A) A BREAKDOWN OF FUNDS ALLOCATED IN THE PRIOR FISCAL YEAR;
(B) AMOUNTS OF FUNDS ACTUALLY SPENT IN THE PRIOR FISCAL YEAR;
(C) FUNDS NEEDED FOR THE UPCOMING FISCAL YEAR; AND
(D) AN ANALYSIS OF HOW THE USE OF SUCH FUNDS UNDER PARAGRAPHS (A)
THROUGH (C) OF THIS SUBDIVISION HAVE MET OR ARE PROJECTED TO MEET
REQUIREMENTS FOR BENEFITING DISADVANTAGED COMMUNITIES UNDER THIS ARTI-
CLE, AND UNDER THE CRITERIA ESTABLISHED PURSUANT TO THIS ARTICLE.
3. ACHIEVEMENT OF STATE CLIMATE GOALS. UPON A DETERMINATION BY THE
COUNCIL THAT ANY SPECIFIC STATE CLIMATE GOAL HAS BEEN MET, SUCH STATE
CLIMATE GOAL SHALL NO LONGER BE REQUIRED TO BE INCLUDED IN FUTURE ANNUAL
AGENCY CLIMATE EXPENDITURE REPORTS SUBMITTED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART FFF
Section 1. The environmental conservation law is amended by adding a
new section 3-0322 to read as follows:
§ 3-0322. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
1. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER
LAW AND SUBJECT TO AN APPROPRIATION MADE THEREFOR AND IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION AND WITH THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER IN CONNECTION THEREWITH, ON AND AFTER
THE FIRST DAY OF APRIL, TWO THOUSAND TWENTY-FOUR, A CONSOLIDATED LOCAL
INFRASTRUCTURE PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF MAKING
PAYMENTS TOWARD THE REPLACEMENT AND REHABILITATION OF EXISTING LOCAL
MUNICIPALLY-OWNED AND FUNDED DRINKING WATER, STORM WATER AND SANITARY
SEWER SYSTEMS. FOR PURPOSES OF THIS SECTION, SUCH PROGRAM SHALL APPLY TO
ANY DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANITARY SEWER SYSTEM
WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
DICTION OF A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY; PROVIDED,
HOWEVER, THAT SUCH SYSTEM SHALL NOT BE UNDER THE MAINTENANCE AND/OR
OPERATIONAL JURISDICTION OF A PRIVATE ENTITY; PROVIDED FURTHER, HOWEVER,
THAT SUCH PROGRAM SHALL NOT APPLY TO A SYSTEM THAT IS UNDER THE MAINTE-
NANCE AND/OR OPERATIONAL JURISDICTION OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE. THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRONMENTAL
FACILITIES CORPORATION, SHALL PROMULGATE ALL NECESSARY RULES AND REGU-
LATIONS TO CARRY OUT THE PROGRAM SO THAT AN EQUITABLE DISTRIBUTION OF
AID SHALL BE MADE FOR THE GENERAL OPERATION AND/OR GENERAL MAINTENANCE
S. 4008--B 132
OF ANY SUCH EXISTING DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANI-
TARY SEWER SYSTEM. EXISTING WATER INFRASTRUCTURE INCLUDES ALL THE MAN-
MADE AND NATURAL FEATURES THAT MOVE AND TREAT WATER IN TERMS OF DRINKING
WATER, WASTE WATER, AND STORM WATER. MONIES FROM THIS FUND MAY BE USED
FOR MAINTENANCE AND REPAIRS OF EXISTING WATER INFRASTRUCTURE AS WELL AS
NEW WATER INFRASTRUCTURE EXPANSION, BUT ONLY INTO ALREADY DEVELOPED
AREAS SO AS NOT TO SUPPORT SPRAWL AND DEVELOPMENT OF NATURAL AREAS.
ALREADY DEVELOPED AREAS ARE THOSE THAT ARE ZONED/DEFINED BY MUNICI-
PALITIES AS OF JANUARY FIRST, TWO THOUSAND TWENTY-THREE AS COMMERCIAL
AND RESIDENTIAL USE.
2. ON OR BEFORE THE TWENTY-FIFTH DAY OF APRIL, JUNE, SEPTEMBER AND
NOVEMBER OF EACH STATE FISCAL YEAR COMMENCING WITH THE STATE FISCAL YEAR
BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THERE SHALL BE
DISTRIBUTED AND PAID TO COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC
AUTHORITIES AN AMOUNT EQUAL TO THE MONEYS APPROPRIATED FOR THE PURPOSES
OF THIS SECTION DIVIDED BY THE NUMBER OF PAYMENT DATES IN THAT STATE
FISCAL YEAR. SUCH AMOUNTS SHALL BE DISTRIBUTED AND PAID PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
3. AMOUNTS SHALL BE DISTRIBUTED FOR LOCAL DRINKING WATER, STORM WATER
AND SANITARY SEWER SYSTEMS BASED UPON A FUNDING FORMULA THAT THE DEPART-
MENT AND THE DEPARTMENT OF HEALTH SHALL CREATE TAKING INTO CONSIDERATION
FACTORS INCLUDING BUT NOT LIMITED TO: THE SYSTEM'S LENGTH AND WIDTH OF
PIPES; OTHER PHYSICAL ASSETS MAINTAINED BY THE SYSTEM, INCLUDING TREAT-
MENT FACILITIES AND PUMPING STATIONS; THE AGE OF THE SYSTEM'S INFRAS-
TRUCTURE; AND RELEVANT SOCIOECONOMIC FACTORS, INCLUDING THE PRESENCE OF
DISADVANTAGED COMMUNITIES WITHIN A SYSTEM'S SERVICE AREA, TO ACHIEVE AN
EQUITABLE DISTRIBUTION OF AID.
4. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL
FUNDS MADE AVAILABLE FOR SUCH PROJECTS. THE REMAINDER OF THE APPORTION-
MENT MAY BE USED FOR ANY EXISTING DRINKING WATER, STORM WATER OR SEWER
SYSTEM PURCHASES, INCLUDING BUT NOT LIMITED TO, THE ACQUISITION OF MATE-
RIALS FOR THE REPLACEMENT OR REHABILITATION.
5. FOR ANY CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY WHICH PROPOSES
INFRASTRUCTURE CONSOLIDATION UNDER THIS SECTION OR MERGES WITH ANOTHER
MUNICIPALITY, THE FUNDS APPROPRIATED UNDER THIS SECTION MAY FUND COSTS
ASSOCIATED WITH SUCH CONSOLIDATION.
6. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND TWENTY-FIVE, FUNDS
ARE TO BE MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE ACCOUNT
OF THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT.
7. AT THE END OF EACH FISCAL YEAR, EACH COUNTY, CITY, TOWN, VILLAGE
AND PUBLIC AUTHORITY THAT RECEIVES FUNDING PURSUANT TO THIS SECTION
SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT DETAILING HOW SUCH MONEY
WAS USED. THE DEPARTMENT SHALL COMPILE ALL REPORTS AND SUBMIT THEM TO
THE COMPTROLLER FOR THEIR REVIEW. ONCE A REPORT IS FINALIZED, IT SHALL
BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT
AND THE COMPTROLLER SHALL RESERVE THE RIGHT TO CONDUCT SIGHT VISITS TO
ENSURE THE MONEY IS BEING USED ACCURATELY.
§ 2. This act shall take effect immediately.
PART GGG
Section 1. A temporary state commission, to be known as the New York
state commission on establishing a bank owned by New York state, herein-
after referred to as the commission, is hereby established to hire a
consultant to study the feasibility of establishing a bank owned by the
S. 4008--B 133
state of New York or by a public authority constituted by the state of
New York for the public interest.
§ 2. (a) The commission shall consist of fifteen members, to be
appointed as follows: (i) six members shall be appointed by the gover-
nor, one of whom shall be a representative of the New York state depart-
ment of financial services, one shall be a representative from the New
York state department of taxation and finance, the remaining four gover-
nor's appointees shall not be employees of the executive branch and at
least one member shall represent the banking and financial industries of
the state including, but not limited to, the New York bankers associ-
ation, at least one member shall represent community banking, and no
more than one member may be a representative of any financial services
firm located within the state, including, but not limited to, the New
York state small business development center;
(ii) one member shall be the New York state comptroller or the comp-
troller's designee;
(iii) three members shall be appointed by the temporary president of
the senate, one of whom shall be a member of the senate;
(iv) one member shall be appointed by the minority leader of the
senate;
(v) three members shall be appointed by the speaker of the assembly,
one of whom shall be a member of the assembly; and
(vi) one member shall be appointed by the minority leader of the
assembly.
(b) The majority of the members of the entire commission shall desig-
nate one of the commissioners to serve as the chair of the commission.
(c) The members of the commission shall be appointed no later than
ninety days after the effective date of this act.
(d) The commission is directed to hire a reputable consultant that has
the capacity, capability, and experience to conduct a feasibility study
to evaluate and make recommendations concerning the formation and
control of a state public bank. Consultants that have conducted a previ-
ous feasibility study of a public bank at the request of a government
entity in the United States will be given preference. Such study shall
make recommendations, with the advice of the department of financial
services, including but not limited to, on the feasibility of establish-
ing a state bank in New York and may recommend legislation for the
legislature to consider in order to create a state public bank for New
York.
§ 3. The scope of such study shall include, but shall not be limited
to:
(a) the purposes of such public bank in the public interest;
(b) an analysis of cost savings, impacts on the state's finances,
economic development and infrastructure, housing and additional needs of
the state, including but not limited to:
(i) appropriate governance structures;
(ii) minimum capitalization requirements;
(iii) appropriate insurance and risk management tools;
(iv) charter requirements;
(v) financial and operations framework;
(vi) deposits;
(vii) permitted activities;
(viii) benefits;
(ix) potential challenges that such public banks may encounter;
(x) how the lack of accessible financial services contributes to the
cycle of poverty;
S. 4008--B 134
(xi) barriers to small business formation and growth;
(xii) impacts of such public banks on small businesses, including
minority- and women-owned business enterprises;
(xiii) impacts of such public banks on the unbanked, the underbanked
and banking deserts; and
(xiv) how a state public bank may provide banking to the cannabis
industry.
(c) a fiscal analysis of costs associated with formation;
(d) an analysis that considers the effects of an economic recession on
the financial results of such public banks;
(e) a legal analysis of whether the proposed structure and operation
of such public bank complies with the New York state constitution;
(f) an analysis of how the proposed governance structure of such
public bank would protect such public bank from unlawful insider trans-
actions and apparent conflicts of interest;
(g) a fiscal analysis of the benefits associated with the creation of
such public bank, including, but not limited to, cost savings, jobs
created, jobs retained, economic activity generated and private capital
leveraged;
(h) a qualitative assessment of social and environmental benefits of
such public bank;
(i) a review of feasibility studies on public banking, including the
city of Philadelphia public bank feasibility study and the city of San
Francisco public bank feasibility study; and
(j) a review of AB-857 (2019 Cal. Stats. Ch. 442).
§ 4. No earlier than six months and no later than seven months after
the effective date of this act, the commission shall submit a report to
the governor, the temporary president of the senate, the speaker of the
assembly, the chair of the senate banks committee and the chair of the
assembly banks committee on the findings and conclusions of the study
conducted pursuant to sections two and three of this act and shall
submit any legislative recommendations deemed to be necessary. Such
report shall be contemporaneously published on the official website of
the department of financial services.
§ 5. This act shall take effect immediately and shall expire and be
deemed repealed one year after such effective date.
PART HHH
Section 1. Subdivision 1 of section 27-1003 of the environmental
conservation law, as amended by section 2 of part SS of chapter 59 of
the laws of 2009, is amended to read as follows:
1. "Beverage" means carbonated soft drinks, water, beer, other malt
beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND
wine [product] PRODUCTS as defined in [subdivision thirty-six-a of]
section three of the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal and
water including, but not limited to ale, stout or malt liquor. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water[, provided, however, that "water"
does not include any beverage identified as a type of water to which a
sugar has been added].
S. 4008--B 135
§ 2. Subdivision 1 of section 27-1003 of the environmental conserva-
tion law, as amended by section one of this act, is amended to read as
follows:
1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS,
NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED
PERCENT FRUIT OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED
FRUIT BEVERAGES, water, beer, other malt beverages, wine, liquor,
distilled spirit coolers, and cider and wine products as defined in
section three of the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal and
water including, but not limited to ale, stout or malt liquor. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water.
§ 3. Subdivision 12 of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws of
2009, is amended and a new subdivision 14 is added to read as follows:
12. "Reverse vending machine" means an automated device that uses a
laser scanner, microprocessor, or other technology to accurately recog-
nize the universal product code (UPC) on containers to determine if the
container is redeemable and accumulates information regarding containers
redeemed, including the number of such containers redeemed, thereby
enabling the reverse vending machine to accept containers from redeemers
and to issue a scrip or receipt for their refund value. SUCH DEFINITION
SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER
PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 27-1007 OF THIS TITLE.
14. "STATE-SPECIFIC UPC CODE" MEANS A UNIVERSAL PRODUCT CODE AND LABEL
DESIGN THAT IS UNIQUE TO NEW YORK OR USED ONLY IN NEW YORK AND ANY OTHER
STATES THAT HAVE A SUBSTANTIALLY SIMILAR REFUND VALUE LAW.
§ 4. Section 27-1007 of the environmental conservation law, as added
by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
of subdivision 1 as amended by chapter 459 of the laws of 2011, and
subdivision 12 as added by section 3 of part F of chapter 58 of the laws
of 2013, is amended to read as follows:
§ 27-1007. Mandatory acceptance.
Except as provided in section 27-1009 of this title:
1. (a) A dealer shall accept at his or her place of business from a
redeemer any empty beverage containers of the design, shape, size,
color, composition and brand sold or offered for sale by the dealer, and
shall pay to the redeemer the refund value of each such beverage
container as established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or receipt from a
reverse vending machine, provided that the scrip or receipt can be
exchanged for legal tender for a period of not less than sixty days
without requiring the purchase of other goods. IN THE EVENT SUCH SCRIP
OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE ANY EXPIRATION
DATE AND THE DEALER MUST POST A CONSPICUOUS SIGN INDICATING HOW MANY
DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR LEGAL TENDER.
IF SUCH NOTIFICATION IS NOT PROVIDED, A DEALER MUST REDEEM THE FULL
REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
ence of a reverse vending machine shall not relieve a dealer of any
obligations imposed pursuant to this section. If a dealer utilizes a
reverse vending machine to redeem containers, the dealer shall provide
redemption of beverage containers when the reverse vending machine is
S. 4008--B 136
full, broken, under repair or does not accept a type of beverage
container sold or offered for sale by such dealer and may not limit the
hours or days of redemption except as provided by subdivision three of
this section.
(b) Beginning March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field of busi-
ness which operates ten or more units in this state under common owner-
ship and whose business has at least: (i) forty thousand but less than
sixty thousand square feet devoted to the display of merchandise for
sale to the public shall install and maintain at least two reverse vend-
ing machines at the dealer's place of business; (ii) sixty thousand but
less than eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
three reverse vending machines at the dealer's place of business; or
(iii) eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
four reverse vending machines at the dealer's place of business. The
requirements of [paragraph (b) of] this subdivision to install and main-
tain reverse vending machines shall not apply to a dealer that: (i)
sells only beverage containers of twenty ounces or less where such
beverage containers are packaged in quantities fewer than six; (ii)
sells beverage containers and devotes no more than five percent of its
floor space to the display and sale of consumer commodities, as defined
in section two hundred fourteen-h of the agriculture and markets law; or
(iii) obtains a waiver from the commissioner authorizing dealers to
provide consumers with an alternative technology that: (A) determines if
the container is redeemable, (B) provides protections against fraud
through a system that validates each container redeemed by reading the
universal product code and, except with respect to refillable contain-
ers, renders the container unredeemable, (C) accumulates information
regarding containers redeemed, and (D) issues legal tender, or a scrip,
receipt, or other form of credit for the refund value, that can be
exchanged for legal tender for a period of not less than sixty days
without requiring the purchase of other goods AND INCLUDES ANY EXPIRA-
TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT. Notwithstand-
ing the foregoing, if the alternative technology does not allow consum-
ers to immediately obtain the refund value of the redeemed container, a
dealer shall be permitted to deploy such alternative technology only if
it also offers an alternative that allows consumers to conveniently and
immediately obtain such refund value through a reverse vending machine
or other alternative method.
(c) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which
does not utilize reverse vending machines to process empty beverage
containers for redemption shall: (i) establish and maintain a dedicated
area within such business to accept beverage containers for redemption;
(ii) adequately staff such area to facilitate efficient acceptance and
processing of such containers during business hours; and (iii) post one
or more conspicuous signs conforming to the size and color requirements
described in subdivision two of this section at each public entrance to
the business which describes where in the business the redemption area
is located. The commissioner may establish in rules and regulations
additional standards for the efficient processing of beverage containers
by such dealers.
(d) For the purposes of this subdivision on any day that a dealer is
open for less than twenty-four hours, the dealer may restrict or refuse
S. 4008--B 137
the payment of refund values during the first and last hour the dealer
is open for business.
2. A dealer shall post a conspicuous sign, at the point of sale, that
states:
"NEW YORK BOTTLE BILL OF RIGHTS
STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
THE RIGHT to return your empties for refund to any dealer who sells
the same brand, type and size, whether you bought the beverage from the
dealer or not. It is illegal to return containers for refund that you
did not pay a deposit on in New York state.
THE RIGHT to get your deposit refund in cash, without proof of
purchase.
THE RIGHT to return your empties any day, any hour, except for the
first and last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
THE RIGHT to return your containers if they are empty and intact.
Washing containers is not required by law, but is strongly recommended
to maintain sanitary conditions.
The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York state
department of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
Such sign must be no less than eight inches by ten inches in size and
have lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be listed on any
sign required by this section.
3. On or after June first, two thousand nine, a dealer may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than seventy-two containers per
visit, per redeemer, per day, provided that:
(a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same county and within
[one-half] ONE mile of the dealer's place of business, or a mobile
redemption center, operated by a redemption center, that is located
within one-quarter mile of the dealer's place of business. The redemp-
tion center must have a written agreement with the dealer to accept
containers on behalf of the dealer; and the redemption center's hours of
operation must cover at least 9:00 a.m. through 7:00 p.m. daily or in
the case of a mobile redemption center, the hours of operation must
cover at least four consecutive hours between 8:00 a.m. and 8:00 p.m.
daily. The dealer must post a conspicuous, permanent sign, meeting the
size and color specifications set forth in subdivision two of this
section, open to public view, identifying the location and hours of
operation of the affiliated redemption center or mobile redemption
center; and
(b) The dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
S. 4008--B 138
to two hundred forty containers, per redeemer, per day, and posts a
conspicuous, permanent sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours of redemption
without first posting a thirty day notice; and
(c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place of business is less
than ten thousand square feet in size.
4. A deposit initiator shall accept from a dealer or operator of a
redemption center any empty beverage container of the design, shape,
size, color, composition and brand sold or offered for sale by the
deposit initiator, and shall pay the dealer or operator of a redemption
center the refund value of each such beverage container as established
by section 27-1005 of this title. A deposit initiator shall accept and
redeem all such empty beverage containers from a dealer or redemption
center without limitation on quantity.
5. A deposit initiator's or distributor's failure to pick up empty
beverage containers, including containers processed in a reverse vending
machine, from a redemption center, dealer or the operator of a reverse
vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS PROVIDED
BY THE DEPARTMENT PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a violation
of this title.
6. In addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator shall pay
to any dealer or operator of a redemption center a handling fee of three
and one-half cents for each beverage container accepted by the deposit
initiator from such dealer or operator of a redemption center. BEGIN-
NING APRIL FIRST, TWO THOUSAND TWENTY-SIX, THE HANDLING FEE WILL BE SIX
CENTS. Payment of the handling fee shall be as compensation for collect-
ing, sorting and packaging of empty beverage containers for transport
back to the deposit initiator or its designee. Payment of the handling
fee may not be conditioned on the purchase of any goods or services, nor
may such payment be made out of the refund value account established
pursuant to section 27-1012 of this title. A distributor who does not
initiate deposits on a type of beverage container is considered a dealer
only for the purpose of receiving a handling fee from a deposit initi-
ator.
7. A deposit initiator on a brand shall accept from a distributor who
does not initiate deposits on that brand any empty beverage containers
of that brand accepted by the distributor from a dealer or operator of a
redemption center and shall reimburse the distributor the refund value
of each such beverage container, as established by section 27-1005 of
this title. In addition, the deposit initiator shall reimburse such
distributor for each such beverage container the handling fee estab-
lished under subdivision six of this section. Without limiting the
rights of the department or any person, firm or corporation under this
subdivision or any other provision of this section, a distributor shall
have a civil right of action to enforce this subdivision, including,
upon three days notice, the right to apply for temporary and preliminary
injunctive relief against continuing violations, and until arrangements
for collection and return of empty containers or reimbursement of such
distributor for such deposits and handling fees are made.
8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
S. 4008--B 139
ing, handling and pickup of empty beverage containers that are not
redeemed through a reverse vending machine. The bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior to pick up by the deposit
initiator or distributor. In addition:
(a) When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer or redemption center to load
their own bags, cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles or provide the staff or
equipment needed to do so. HOWEVER, WHERE PALLETS OR SKIDS, BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR EQUIPMENT, A DEPOSIT INITIATOR OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE STAFF ARE READILY
AVAILABLE.
(b) A deposit initiator or distributor shall not require empty
containers to be counted at a location other than the redemption center
or dealer's place of business. The dealer or redemption center shall
have the right to be present at the count. IN THE EVENT OF A DISCREPANCY
BETWEEN THE COUNT OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF
THE DEPOSIT INITIATOR OR DISTRIBUTOR FOR CONTAINERS NOT PROCESSED
THROUGH A REVERSE VENDING MACHINE ALL SUCH EMPTY CONTAINERS SHALL BE
RETAINED AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A
LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS
ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT.
(c) A deposit initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center IN A TIMELY MANNER AND
at reasonable times [and intervals] as determined in rules or regu-
lations promulgated by the department NO LATER THAN APRIL FIRST, TWO
THOUSAND TWENTY-SIX.
9. No person shall return or assist another to return to a dealer or
redemption center an empty beverage container for its refund value if
such container had previously been accepted for redemption by a dealer,
redemption center, or deposit initiator who initiates deposits on bever-
age containers of the same brand.
10. A redeemer, dealer, distributor or redemption center shall not
knowingly redeem an empty beverage container on which a deposit was
never paid in New York state.
11. Notwithstanding the provisions of subdivision two of section
27-1009 of this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall have accepted and paid the
refund value of such beverage containers.
12. No person shall intentionally program, tamper with, render inaccu-
rate, or circumvent the proper operation of a reverse vending machine to
wrongfully elicit deposit monies when no valid, redeemable beverage
container has been placed in and properly processed by the reverse vend-
ing machine.
13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE ARE
AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
§ 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ-
mental conservation law, as added by section 1 of part PP of chapter 58
of the laws of 2018, is amended and a new subdivision 4 is added to read
as follows:
S. 4008--B 140
(b) comply with minimum post-consumer recycled material content and
hole diameter limitations as defined in rules and regulations promulgat-
ed by the department NO LATER THAN APRIL FIRST, TWO THOUSAND
TWENTY-FIVE, and is recyclable and indicates a resin identification
code.
4. (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, EVERY GLASS
BEVERAGE CONTAINER SHALL CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE
PERCENT POST-CONSUMER GLASS AND EVERY ALUMINUM BEVERAGE CONTAINER SHALL
CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE PERCENT POST-CONSUMER ALUMI-
NUM.
(B) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-NINE, EVERY POLYETHY-
LENE TEREPHTHALATE (PET) BEVERAGE CONTAINER SHALL CONTAIN NO LESS THAN
TWENTY-FIVE PERCENT POST-CONSUMER PET.
(C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTY-ONE, EVERY PLASTIC
BEVERAGE CONTAINER SHALL CONTAIN NO LESS THAN THIRTY PERCENT POST-CON-
SUMER PLASTIC.
(D) THE DEPARTMENT MAY, BY REGULATION, GRANT A REDUCTION OR WAIVER OF
THE PERCENTAGE REQUIREMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION IF
THE DEPARTMENT FINDS AND DETERMINES THAT IT IS TECHNOLOGICALLY INFEASI-
BLE FOR THE BOTTLER TO ACHIEVE THE SPECIFIED PERCENT REQUIREMENT.
§ 6. Paragraph c of subdivision 3 of section 27-1012 of the environ-
mental conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
c. all withdrawals from the refund value account during such quarter,
including all reimbursements paid pursuant to subdivision two of this
section, all service charges on the account, PROVIDED THAT SUCH SERVICE
CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER,
and all payments made pursuant to subdivision four of this section; and
§ 7. Paragraph a of subdivision 4 of section 27-1012 of the environ-
mental conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
a. Quarterly payments. An amount equal to eighty percent of the
balance outstanding in the refund value account at the close of each
quarter shall be paid to the commissioner of taxation and finance at the
time the report provided for in subdivision three of this section is
required to be filed. The commissioner of taxation and finance may
require that the payments be made electronically. The remaining twenty
percent of the balance outstanding at the close of each quarter shall be
the monies of the deposit initiator and may be withdrawn from such
account by the deposit initiator. HOWEVER, UNTIL APRIL FIRST, TWO THOU-
SAND TWENTY-EIGHT, A DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON REFILL-
ABLE BEVERAGE CONTAINERS OR BEVERAGE CONTAINERS WITH A STATE-SPECIFIC
UNIVERSAL PRODUCT CODE MAY BE ENTITLED TO PAY AN AMOUNT EQUAL TO SEVEN-
TY-FIVE PERCENT OF THE BALANCE OUTSTANDING IN THE REFUND VALUE ACCOUNT
SPECIFICALLY ATTRIBUTABLE TO REFILLABLE BEVERAGE CONTAINERS OR BEVERAGE
CONTAINERS BEARING SUCH PRODUCT CODE AT THE CLOSE OF EACH QUARTER TO THE
COMMISSIONER OF TAXATION AND FINANCE AT THE TIME THE REPORT PROVIDED FOR
IN SUBDIVISION THREE OF THIS SECTION IS REQUIRED TO BE FILED. NO LATER
THAN OCTOBER FIRST, TWO THOUSAND TWENTY-SEVEN, THE COMMISSIONER OF TAXA-
TION AND FINANCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLA-
TURE REGARDING THE IMPLEMENTATION OF THE STATE-SPECIFIC UNIVERSAL PROD-
UCT CODE AND AN EVALUATION OF ITS EFFECTIVENESS IN DECREASING FRAUD. If
the provisions of this section with respect to such account have not
been fully complied with, each deposit initiator shall pay to such
commissioner at such time, in lieu of the amount described in the
preceding sentence, an amount equal to the balance which would have been
S. 4008--B 141
outstanding on such date had such provisions been fully complied with.
The commissioner of taxation and finance may require that the payments
be made electronically.
§ 8. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law, as amended by section 6 of part F of chapter 58 of the laws of
2013, is amended to read as follows:
12. a. Each deposit initiator shall provide a report to the department
describing all the types of beverage containers on which it initiates
deposits. The report shall include the product name, type of beverage,
size and composition of the beverage container, universal product code,
THE PRESENCE OF ANY STATE-SPECIFIC UNIVERSAL PRODUCT CODE AND THE
PERCENTAGE OF PRODUCTS COVERED BY SUCH CODE, THE METHODS USED TO PREVENT
THE FRAUDULENT SALE AND REDEMPTION OF BEVERAGE CONTAINERS, and any other
information the department may require. Upon request, a deposit initi-
ator shall also provide to the department a copy of the container label
or a picture of any beverage container sold or offered for sale in this
state on which it initiates a deposit. Such information shall be
provided in a form as prescribed by the department. The department may
require that such forms be filed electronically.
b. A bottler may place on a beverage container a STATE-SPECIFIC
universal product code [or other distinctive marking that is specific to
the state or used only in the state and any other states with laws
substantially similar to this title] as a means of preventing the sale
or redemption of beverage containers on which no deposit was initiated.
c. A bottler or deposit initiator shall notify the department, in a
form prescribed by the department, whenever a beverage container or
beverage container label is revised by altering the universal product
code, or whenever the container on which a universal product code
appears is changed in size, composition or glass color, or whenever the
container or container label on which a universal product code appears
is changed to include a STATE-SPECIFIC universal product code [that is
unique to the state or used only in the state and any other states with
laws substantially similar to this title].
§ 9. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
§ 27-1014. Authority to promulgate rules and regulations.
In addition to the authority of the commissioner, under sections
27-1007, 27-1009, 27-1011, 27-1012, and 27-1013 of this title, the
commissioner shall have the power to promulgate rules and regulations
necessary and appropriate for the administration of this title.
§ 10. Section 27-1005 of the environmental conservation law, as added
by section 4 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
§ 27-1005. Refund value.
No person shall sell or offer for sale a beverage container in this
state unless the deposit on such beverage container is or has been
collected by a registered deposit initiator and unless such container
has a refund value of not less than five cents, AND BEGINNING APRIL
FIRST, TWO THOUSAND TWENTY-SIX A REFUND VALUE OF NOT LESS THAN TEN
CENTS, which is clearly indicated thereon as provided in section 27-1011
of this title.
§ 11. This act shall take effect April 1, 2025; provided, however,
that section two of this act shall take effect April 1, 2026. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
S. 4008--B 142
date are authorized to be made and completed on or before such effective
date.
PART III
Section 1. The department of economic development, in conjunction with
the empire state development corporation, the department of education,
the office of parks, recreation and historic preservation, the depart-
ment of environmental conservation, the department of state, and the New
York state council on the arts, is hereby directed to conduct a compre-
hensive study on public and private museums in the state. Such study
shall include, but not be limited to:
1. taking a census of public and private museums in the state, includ-
ing information on the size, hours of operation, visitor statistics,
funding sources and amounts, and the subjects of the museums'
collections, of the many museums throughout the state.
2. identifying the benefits, shortfalls and consequences of the
different sources of support museums receive publicly and those they
must find privately.
3. providing information and recommendations so as to inform the
legislature of the adequacy of public and private sources of the funding
for museums in the state and to serve current and future funding needs,
recommend systems of support to best ensure equitable distribution of
such funds, regardless of discipline, budget size, or location, and the
continued accessibility and availability of museums promoting a general
interest in cultural and historical topics, fine arts, physical and
natural sciences, technology, engineering and mathematics, and to deter-
mine the feasibility of a single reporting system that includes active
oversight.
§ 2. A report of the findings of such study, recommendations, and any
proposed legislation necessary to implement such recommendations shall
be filed with the governor, the temporary president of the senate, and
the speaker of the assembly within one year after the effective date of
this act.
§ 3. This act shall take effect immediately.
PART JJJ
Section 1. This act shall be known and may be cited as the "climate
change superfund act".
§ 2. Legislative findings. The legislature finds and declares the
following:
1. Climate change, resulting primarily from the combustion of fossil
fuels, is an immediate, grave threat to the state's communities, envi-
ronment, and economy. In addition to mitigating the further buildup of
greenhouse gases, the state must take action to adapt to certain conse-
quences of climate change that are irreversible, including rising sea
levels, increasing temperatures, extreme weather events, flooding, heat
waves, toxic algal blooms and other climate-change-driven threats.
Maintaining New York's quality of life into the future, particularly for
young people, who will experience greater impacts from climate change
over their lifetimes, will be one of the state's greatest challenges
over the next three decades. Meeting that challenge will require a
shared commitment of purpose and huge investments in new or upgraded
infrastructure and the transition to a green economy.
S. 4008--B 143
2. New York has previously adopted programs now in place - the inac-
tive hazardous waste disposal site (state superfund) program and the oil
spill fund - to remediate environmental damage to lands and waters based
on the principle that, where possible, the entities responsible for
environmental damage should pay for its cleanup. No similar program
exists yet for the pollution of the atmosphere by greenhouse gas buildup
as a result of burning fossil fuels.
3. Based on decades of research it is now possible to determine with
great accuracy the share of greenhouse gases released into the atmos-
phere by specific fossil fuel companies over the last 70 years or more,
making it possible to assign liability to and require compensation from
companies commensurate with their emissions during a given time period.
4. It is the intent of the legislature to establish a climate change
cost recovery program that will require companies that have contributed
significantly to the buildup of climate change-driving greenhouse gases
in the atmosphere to bear a proportionate share of the cost of invest-
ments required to address the impacts of climate change in New York
state.
5. a. The obligation to pay under the program is based on the fossil
fuel companies' historic contribution to the buildup of greenhouse gases
that is largely responsible for climate change. The program operates
under a standard of strict liability; companies are required to pay into
the fund because the use of their products caused the pollution. No
finding of wrongdoing is required.
b. Nonetheless, the legislature recognizes that the actions of many of
the biggest fossil fuel companies have been unconscionable, closely
reflecting the strategy of denial, deflection, and delay used by the
tobacco industry. In spite of the information provided by their own
scientists that the continued burning of fossil fuels would have
catastrophic results, these companies hid the truth from the public and
actively spread false information that the science of climate change was
uncertain when in fact it was beyond controversy. This breach of the
public trust was breathtaking in its scope and consequences, and it
continues to this day.
c. Since 2022, the fossil fuel industry has taken advantage of several
overlapping global crises to earn immense profits, charging record high
prices while aggressively rejecting any responsibility for the costs of
its business activities. While all the profits accrue to the companies,
all of the costs of climate change are paid by taxpayers and individ-
uals. This is a market failure that needs to be addressed through policy
change.
6. Payments by historical polluters would be used to build climate
resiliency through new or upgraded infrastructure assets, to help socie-
ty adapt by supporting the transition to a clean energy economy, and to
compensate individuals and businesses for losses related to climate
change and the costs associated with the need to transition away from
the fossil fuels which have contributed to climate change, all of which
are necessary to protect the public safety and welfare in the face of
the growing impacts of climate change. At least 35%, with a goal of at
least 40% of the overall benefits of program spending would directly
benefit disadvantaged communities.
7. This act is not intended to intrude on the authority of the federal
government in areas where it has preempted the right of the states to
legislate. This act is remedial in nature, seeking compensation for
damages resulting from the past actions of polluters.
S. 4008--B 144
§ 3. The environmental conservation law is amended by adding a new
article 76 to read as follows:
ARTICLE 76
CLIMATE CHANGE COST RECOVERY PROGRAM
SECTION 76-0101. DEFINITIONS.
76-0103. THE CLIMATE CHANGE COST RECOVERY PROGRAM.
§ 76-0101. DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "APPLICABLE PAYMENT DATE" MEANS SEPTEMBER THIRTIETH OF THE SECOND
CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO
LAW.
2. "COAL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE
ENERGY LAW.
3. "CONTROLLED GROUP" MEANS TWO OR MORE ENTITIES TREATED AS A SINGLE
EMPLOYER UNDER SECTION 52(A) OR (B) OR SECTION 414(M) OR (O) OF THE
INTERNAL REVENUE CODE. IN APPLYING SUBSECTIONS (A) AND (B) OF SECTION
52, SECTION 1563 OF THE INTERNAL REVENUE CODE SHALL BE APPLIED WITHOUT
REGARD TO SUBSECTION(B)(2)(C). FOR PURPOSES OF THIS ARTICLE, ENTITIES IN
A CONTROLLED GROUP ARE TREATED AS A SINGLE ENTITY FOR PURPOSES OF MEET-
ING THE DEFINITION OF RESPONSIBLE PARTY AND ARE JOINTLY AND SEVERALLY
LIABLE FOR PAYMENT OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE
CONTROLLED GROUP.
4. "COST RECOVERY DEMAND" MEANS A CHARGE ASSERTED AGAINST A RESPONSI-
BLE PARTY FOR COST RECOVERY PAYMENTS UNDER THE PROGRAM FOR PAYMENT TO
THE FUND.
5. "COVERED GREENHOUSE GAS EMISSIONS" MEANS, WITH RESPECT TO ANY ENTI-
TY, THE TOTAL QUANTITY OF GREENHOUSE GASES RELEASED INTO THE ATMOSPHERE
DURING THE COVERED PERIOD, EXPRESSED IN METRIC TONS OF CARBON DIOXIDE
EQUIVALENT AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER, INCLUDING BUT
NOT LIMITED TO RELEASES OF GREENHOUSE GASES RESULTING FROM THE
EXTRACTION, STORAGE, PRODUCTION, REFINEMENT, TRANSPORT, MANUFACTURE,
DISTRIBUTION, SALE, AND USE OF FOSSIL FUELS OR PETROLEUM PRODUCTS
EXTRACTED, PRODUCED, REFINED, OR SOLD BY SUCH ENTITY.
6. "COVERED PERIOD" MEANS THE PERIOD THAT BEGAN JANUARY FIRST, TWO
THOUSAND AND ENDED ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN.
7. "CRUDE OIL" MEANS OIL OR PETROLEUM OF ANY KIND AND IN ANY FORM,
INCLUDING BITUMEN, OIL SANDS, HEAVY OIL, CONVENTIONAL AND UNCONVENTIONAL
OIL, SHALE OIL, NATURAL GAS LIQUIDS, CONDENSATES, AND RELATED FOSSIL
FUELS.
8. "ENTITY" MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP, ASSOCI-
ATION, CORPORATION, COMPANY, MUNICIPALITY, POLITICAL SUBDIVISION, OR
OTHER LEGAL ORGANIZATION, INCLUDING A FOREIGN NATION, THAT HOLDS OR HELD
AN OWNERSHIP INTEREST IN A FOSSIL FUEL BUSINESS DURING THE COVERED PERI-
OD.
9. "FOSSIL FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF
THE ENERGY LAW.
10. "FOSSIL FUEL BUSINESS" MEANS A BUSINESS ENGAGING IN THE EXTRACTION
OF FOSSIL FUELS OR THE REFINING OF PETROLEUM PRODUCTS.
11. "FUEL GASES" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF
THE ENERGY LAW.
12. "FUND" MEANS THE CLIMATE AND COMMUNITY PROTECTION FUND.
13. "GREENHOUSE GAS" SHALL HAVE THE SAME DEFINITION AS IN SECTION
75-0101 OF THIS CHAPTER.
S. 4008--B 145
14. "NOTICE OF COST RECOVERY DEMAND" MEANS THE WRITTEN COMMUNICATION
INFORMING A RESPONSIBLE PARTY OF THE AMOUNT OF THE COST RECOVERY DEMAND
PAYABLE TO THE FUND.
15. "PETROLEUM PRODUCTS" SHALL HAVE THE SAME DEFINITION AS IN SECTION
1-103 OF THE ENERGY LAW.
16. "PROGRAM" MEANS THE CLIMATE CHANGE COST RECOVERY PROGRAM ESTAB-
LISHED UNDER SECTION 76-0103 OF THIS ARTICLE.
17. "RESPONSIBLE PARTY" MEANS ANY ENTITY (OR A SUCCESSOR IN INTEREST
TO SUCH ENTITY DESCRIBED HEREIN), WHICH, DURING ANY PART OF THE COVERED
PERIOD, WAS ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING FOSSIL FUEL
OR REFINING CRUDE OIL AND IS DETERMINED BY THE DEPARTMENT TO BE RESPON-
SIBLE FOR MORE THAN ONE BILLION TONS OF COVERED GREENHOUSE GAS EMIS-
SIONS. THE TERM RESPONSIBLE PARTY SHALL NOT INCLUDE ANY PERSON WHO LACKS
SUFFICIENT CONNECTION WITH THE STATE TO SATISFY THE NEXUS REQUIREMENTS
OF THE UNITED STATES CONSTITUTION.
§ 76-0103. THE CLIMATE CHANGE COST RECOVERY PROGRAM.
1. THERE IS HEREBY ESTABLISHED A CLIMATE CHANGE COST RECOVERY PROGRAM
ADMINISTERED BY THE DEPARTMENT.
2. THE PURPOSES OF THE PROGRAM SHALL BE THE FOLLOWING:
A. TO SECURE COMPENSATORY PAYMENTS FROM RESPONSIBLE PARTIES BASED ON A
STANDARD OF STRICT LIABILITY TO PROVIDE A SOURCE OF REVENUE FOR ADDRESS-
ING THE CONSEQUENCES OF CLIMATE CHANGE WITHIN THE STATE.
B. TO DETERMINE PROPORTIONAL LIABILITY OF RESPONSIBLE PARTIES PURSUANT
TO SUBDIVISION THREE OF THIS SECTION;
C. TO IMPOSE COST RECOVERY DEMANDS ON RESPONSIBLE PARTIES AND ISSUE
NOTICES OF COST RECOVERY DEMANDS;
D. TO ACCEPT AND COLLECT PAYMENT FROM RESPONSIBLE PARTIES; AND
E. TO TRANSFER FUNDS TO THE CLIMATE AND COMMUNITY PROTECTION FUND.
3. A. A RESPONSIBLE PARTY SHALL BE STRICTLY LIABLE, WITHOUT REGARD TO
FAULT, FOR A SHARE OF THE COSTS OF CLIMATE CHANGE TO THE STATE, AS
ADDRESSED BY PROGRAMS SUPPORTED BY THE FUND.
B. WITH RESPECT TO EACH RESPONSIBLE PARTY, THE COST RECOVERY DEMAND
SHALL BE EQUAL TO AN AMOUNT THAT BEARS THE SAME RATIO TO SEVENTY-FIVE
BILLION DOLLARS AS THE RESPONSIBLE PARTY'S APPLICABLE SHARE OF COVERED
GREENHOUSE GAS EMISSIONS BEARS TO THE AGGREGATE APPLICABLE SHARES OF
COVERED GREENHOUSE GAS EMISSIONS OF ALL RESPONSIBLE PARTIES.
C. THE APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS TAKEN INTO
ACCOUNT UNDER THIS SECTION FOR ANY RESPONSIBLE PARTY SHALL BE THE AMOUNT
BY WHICH THE COVERED GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO SUCH
RESPONSIBLE PARTY EXCEEDS ONE BILLION METRIC TONS.
D. WHERE AN ENTITY OWNS A MINORITY INTEREST IN ANOTHER ENTITY OF TEN
PERCENT OR MORE, THE CALCULATION OF THE ENTITY'S APPLICABLE SHARE OF
GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION SHALL
INCLUDE THE APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO
ACCOUNT UNDER THIS SECTION BY THE ENTITY IN WHICH THE RESPONSIBLE PARTY
HOLDS A MINORITY INTEREST, MULTIPLIED BY THE PERCENTAGE OF THE MINORITY
INTEREST HELD.
E. IN DETERMINING THE AMOUNT OF GREENHOUSE GAS EMISSIONS ATTRIBUTABLE
TO ANY ENTITY, AN AMOUNT EQUIVALENT TO NINE HUNDRED FORTY-TWO AND ONE-
HALF METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS
RELEASED FOR EVERY MILLION POUNDS OF COAL ATTRIBUTABLE TO SUCH ENTITY;
AN AMOUNT EQUIVALENT TO FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED
EIGHTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS
RELEASED FOR EVERY MILLION BARRELS OF CRUDE OIL ATTRIBUTABLE TO SUCH
ENTITY; AND AN AMOUNT EQUIVALENT TO FIFTY-THREE THOUSAND FOUR HUNDRED
FORTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS
S. 4008--B 146
RELEASED FOR EVERY MILLION CUBIC FEET OF FUEL GASES ATTRIBUTABLE TO SUCH
ENTITY.
F. THE COMMISSIONER MAY ADJUST THE COST RECOVERY DEMAND AMOUNT OF A
RESPONSIBLE PARTY REFINING PETROLEUM PRODUCTS (OR WHO IS A SUCCESSOR IN
INTEREST TO SUCH AN ENTITY) IF SUCH RESPONSIBLE PARTY ESTABLISHES TO THE
SATISFACTION OF THE COMMISSIONER THAT A PORTION OF THE COST RECOVERY
DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL EXTRACTED BY
ANOTHER RESPONSIBLE PARTY (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN
ENTITY) THAT ACCOUNTED FOR SUCH CRUDE OIL IN DETERMINING ITS COST RECOV-
ERY DEMAND AMOUNT.
G. PAYMENT OF A COST RECOVERY DEMAND SHALL BE MADE IN FULL ON THE
APPLICABLE PAYMENT DATE UNLESS A RESPONSIBLE PARTY ELECTS TO PAY IN
INSTALLMENTS PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
H. A RESPONSIBLE PARTY MAY ELECT TO PAY THE COST RECOVERY DEMAND
AMOUNT IN TWENTY-FOUR ANNUAL INSTALLMENTS, EIGHT PERCENT OF THE TOTAL
DUE IN THE FIRST INSTALLMENT AND FOUR PERCENT OF THE TOTAL DUE IN EACH
OF THE FOLLOWING TWENTY-THREE INSTALLMENTS. IF AN ELECTION IS MADE UNDER
THIS PARAGRAPH, THE FIRST INSTALLMENT SHALL BE PAID ON THE APPLICABLE
PAYMENT DATE AND EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON THE SAME
DATE AS THE APPLICABLE PAYMENT DATE IN EACH SUCCEEDING YEAR.
I. IF THERE IS ANY ADDITION TO THE ORIGINAL AMOUNT OF THE COST RECOV-
ERY DEMAND FOR FAILURE TO TIMELY PAY ANY INSTALLMENT REQUIRED UNDER THIS
SUBDIVISION, A LIQUIDATION OR SALE OF SUBSTANTIALLY ALL THE ASSETS OF
THE RESPONSIBLE PARTY (INCLUDING IN A PROCEEDING UNDER U.S. CODE: TITLE
11 OR SIMILAR CASE), A CESSATION OF BUSINESS BY THE RESPONSIBLE PARTY,
OR ANY SIMILAR CIRCUMSTANCE, THEN THE UNPAID BALANCE OF ALL REMAINING
INSTALLMENTS SHALL BE DUE ON THE DATE OF SUCH EVENT (OR IN THE CASE OF A
PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE, ON THE DAY BEFORE
THE PETITION IS FILED). THE PRECEDING SENTENCE SHALL NOT APPLY TO THE
SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF A RESPONSIBLE PARTY TO A
BUYER IF SUCH BUYER ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT UNDER
WHICH SUCH BUYER IS LIABLE FOR THE REMAINING INSTALLMENTS DUE UNDER THIS
SUBDIVISION IN THE SAME MANNER AS IF SUCH BUYER WERE THE RESPONSIBLE
PARTY.
4. A. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE
DEPARTMENT SHALL PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO CARRY
OUT THIS ARTICLE, INCLUDING BUT NOT LIMITED TO:
I. ADOPTING METHODOLOGIES USING THE BEST AVAILABLE SCIENCE TO DETER-
MINE RESPONSIBLE PARTIES AND THEIR APPLICABLE SHARE OF COVERED GREEN-
HOUSE GAS EMISSIONS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE;
II. REGISTERING ENTITIES THAT ARE RESPONSIBLE PARTIES UNDER THE
PROGRAM;
III. ISSUING NOTICES OF COST RECOVERY DEMAND TO RESPONSIBLE PARTIES
INFORMING THEM OF THE COST RECOVERY DEMAND AMOUNT; HOW AND WHERE COST
RECOVERY DEMANDS CAN BE PAID; THE POTENTIAL CONSEQUENCES OF NONPAYMENT
AND LATE PAYMENT; AND INFORMATION REGARDING THEIR RIGHTS TO CONTEST AN
ASSESSMENT; AND
IV. ACCEPTING PAYMENTS FROM, PURSUING COLLECTION EFFORTS AGAINST, AND
NEGOTIATING SETTLEMENTS WITH RESPONSIBLE PARTIES.
B. THE DEPARTMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, ONE IN-PER-
SON AND ONE VIRTUAL, ON PROPOSED REGULATIONS, WITH A MINIMUM OF THIRTY
DAYS' PUBLIC NOTICE IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW.
5. THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE, AND THE
ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
ARTICLE.
S. 4008--B 147
6. THE DEPARTMENT OR THE DEPARTMENT OF TAXATION AND FINANCE SHALL
PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY RESPONSIBLE PARTIES THAT SEEK
TO CONTEST A COST RECOVERY DEMAND. DETERMINATIONS MADE IN FAVOR OF A
PETITIONER AFTER SUCH HEARING SHALL BE FINAL AND CONCLUSIVE. A DETERMI-
NATION IN FAVOR OF THE STATE MAY BE APPEALED UNDER ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES.
7. MONEYS RECEIVED FROM COST RECOVERY DEMANDS SHALL BE DEPOSITED IN
THE CLIMATE AND COMMUNITY PROTECTION FUND.
8. A. THE DEPARTMENT SHALL CONDUCT AN INDEPENDENT EVALUATION OF THE
CLIMATE CHANGE COST RECOVERY PROGRAM. THE PURPOSE OF THIS EVALUATION IS
TO DETERMINE THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING ITS PURPOSES
AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
B. SUCH EVALUATION SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE
JANUARY FIRST OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH
THIS ARTICLE IS ENACTED INTO LAW, AND ANNUALLY ON OR BEFORE SEPTEMBER
THIRTIETH THEREAFTER.
C. ANY ENTITY CONTRACTED BY THE DEPARTMENT TO CONDUCT SUCH EVALUATION
SHALL RECEIVE PROMPT PAYMENT OF ALL MONEYS DUE UPON COMPLETION OF SUCH
EVALUATION.
§ 4. Availability of additional remedies. Nothing in this act shall be
deemed to preclude the pursuit of a civil action or other remedy by any
person. The remedies provided in this act are in addition to those
provided by existing statutory or common law.
§ 5. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered.
§ 6. Construction. This act, being necessary for the general health,
safety, and welfare of the people of this state, shall be liberally
construed to effect its purpose.
§ 7. This act shall take effect immediately.
PART KKK
Section 1. Subdivision 2 of section 15-0501 of the environmental
conservation law, as amended by chapter 233 of the laws of 1979, is
amended to read as follows:
2. For the purposes of this section, stream shall mean that portion of
any fresh surface watercourse, except lakes or ponds having a surface
area greater than ten acres at mean low water level, for which the
department has adopted or may hereafter adopt pursuant to section
17-030l, any of the following classifications or standards:
AA and AA (T),
A and A (T),
B and B (T),
C AND C (T)
Small ponds or lakes with a surface area at mean low water level of
ten acres or less, located in the course of a stream, shall be consid-
ered a part of the stream and subject to regulation under this section.
§ 2. Subdivision 4 of section 15-0501 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
S. 4008--B 148
4. A. No permit under this section shall be required of any local
public corporation which has entered into a written memorandum of under-
standing with the department establishing the plan of operation to be
followed in carrying out projects or work affecting water courses so as
to afford proper protection to the public beneficial uses of such water
courses.
B. NO PERMIT UNDER THIS SECTION WITH RESPECT TO ANY STREAM WITH A
CLASSIFICATION OF C SHALL BE REQUIRED OF A SOIL AND WATER CONSERVATION
DISTRICT AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE SOIL
AND WATER CONSERVATION DISTRICTS LAW WHICH HAS ENTERED INTO A WRITTEN
MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT ESTABLISHING THE PLAN
OF OPERATION TO BE FOLLOWED IN CARRYING OUT PROJECTS OR WORK AFFECTING
SUCH WATER COURSES SO AS TO AFFORD PROPER PROTECTION TO THE PUBLIC BENE-
FICIAL USES OF SUCH WATER COURSES.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART LLL
Section 1. Legislative findings and declaration. In response to the
COVID-19 pandemic, chapters 108 and 126 of the laws of 2020 were adopted
to ensure that New Yorkers would not be deprived of gas, electric, water
service, helping households follow the vital state policy of "sheltering
in place." The moratorium prohibited termination of utility services at
a pivotal moment when it became evident that sanitary conditions were
required to combat the COVID-19 virus and keep New Yorkers safe and
healthy, especially seniors and the medically vulnerable. The legisla-
ture finds and declares that it is unknown to the state the number of
New Yorkers who had their services terminated or disconnected during the
pandemic. The legislature finds that many utility customers rely on
continuous service for heat, water, and electricity to power necessary
equipment, such as life-saving health care devices and other New Yorkers
require cooling during extreme heat conditions and heat during extreme
cold conditions, particularly when congregate care cooling and heating
facilities are not safe for use by medically vulnerable households. The
legislature finds that the state requires comprehensive data concerning
New Yorkers' ability to afford utility service, including the number of
New Yorkers who had their services terminated or who are currently at
risk of termination during the pandemic. The legislature finds that this
data is critical to ascertain the effectiveness of the moratorium and
other COVID-19 consumer protections, as well as the disruptive effects
that the pandemic has had on utility customers' finances, and utility
finances and services, and the public health, safety and welfare of
millions of medically and financially vulnerable citizens. The legisla-
ture also finds that the permanent collection and reporting of utility
data is imperative to gain regular updates on and evaluate trends
concerning the scale and extent of terminations and utility debt across
the state, so that evidence-based policy can be properly crafted there-
after.
§ 2. 1. As used in this act:
a. "Assistance program" shall mean any program offered to eligible
low-income customers to assist with the costs of electricity, gas, and
water, including but not limited to the low-income home energy assist-
ance program, any low-income affordability plans as provided by public
service commission case number 14-M-0565, and/or any other financial
S. 4008--B 149
assistance program provided through or by New York state or individual
utilities, counties or municipalities.
b. "COVID-19 state of emergency" shall mean the state disaster emer-
gency declared pursuant to executive order 202 of 2020.
c. "Commission" shall mean the public service commission.
d. "Municipality" shall have the same meaning as subdivision 16 of
section 2 of the public service law and shall include potable water
districts and potable water systems owned and/or operated by a city,
town, village, authority or other governmental subdivision.
e. "Utility" shall mean a municipality, utility corporation, steam
corporation, water-works corporation, an electric corporation as defined
in subdivision 13 of section 2 of the public service law, a gas corpo-
ration as defined in subdivision 11 of section 2 of the public service
law, a combination gas and electric corporation as defined in subdivi-
sion 14 of section 2 of the public service law, a steam corporation as
defined in subdivision 22 of section 2 of the public service law and any
other community water system as defined in 10 NYCRR § 5-1.1.
f. "Utility corporation" shall have the same meaning as subdivisions
23 and 24 of section 2 of the public service law.
g. "Water-works corporation" shall have the same meaning as subdivi-
sion 27 of section 2 of the public service law.
2. a. Every utility shall be subject to the jurisdiction of the public
service commission for the purposes of enforcing the provisions of this
act pursuant to sections 24, 25 and 26 of the public service law. The
commission shall adjudicate complaints and conduct investigations for
violation of this act in the manner provided by the provisions of arti-
cle 2 of the public service law.
b. Within 180 days after the effective date of this act, the commis-
sion shall prepare and submit to the governor and the legislature a
written report that shall make findings and recommendations concerning
the affordability of electric, gas, and water services to commercial and
residential customers in this state. An updated report shall be submit-
ted one year after the commission has submitted such initial report to
the governor and legislature. Without unreasonably exposing consumer
personally identifiable information in a manner that violates public
service law and public service commission practice or federal law, the
reports shall include but not be limited to the following, with all
information to be broken down by utility, type of service provided,
month, customer class and county:
(1) the number of customers and how that number compares to the previ-
ous year's number of customers on the same month and day;
(2) the number of disconnection notices sent due to non-payment,
disconnections due to non-payment, reconnections of customers that were
disconnected for non-payment, and how those numbers compare to the
previous year on the same month and day;
(3) the number of liens on real property placed, sold, or enforced due
to non-payment, and how those numbers compare to the previous year on
the same month and day, if applicable;
(4) the number of customers in arrears by 1-90 days, 90-180 days, and
greater than 180 days at the end of each month, the total dollar amount
of arrears, and how those numbers compare to the previous year on the
same month and day. Provided, however, that a utility or municipality
may petition the commission, in a form and manner to be determined by
the commission, to allow such utility or municipality to provide such
data in an alternative format if the specificity set forth in this act
cannot be obtained from an existing utility information technology
S. 4008--B 150
system and such data would result in the increase of customer utility
bills;
(5) the number of customers that became eligible for disconnection due
to bill non-payment but were not disconnected because of any legally
mandated or voluntary suspension of disconnections due to the COVID-19
state of emergency, or for any other statutory, regulatory or voluntary
reason irrespective of the COVID-19 emergency, or such other states of
emergency as may follow the end of the COVID-19 emergency;
(6) the number of customers enrolled in deferred payment agreements at
the end of each month;
(7) the number of customers that entered into, successfully completed,
or defaulted from a deferred payment agreement, and how those numbers
compare to the previous year on the same month and day;
(8) available customer assistance programs, including terms of eligi-
bility, and any enhancements to the programs that have been made or
are planned to address actual or anticipated increased demand;
(9) the number of customers that applied for financial assistance
under each applicable assistance program, and how those numbers compare
to the previous year on the same month and day;
(10) the number of customers receiving assistance under each assist-
ance program at the end of each month, the total dollar amount of
assistance provided for arrears, the total dollar amount of assistance
provided for current or future bills and the average amount per custom-
er, and how those numbers compare to the previous year on the same month
and day;
(11) the number of customers charged late fees, penalties, recon-
nection fees, interest, and any other charge associated with late
payment of a bill;
(12) the total dollar amount of late fees, penalties, interest, recon-
nection fees and any other charge associated with late payment per
customer, the average and median dollar amount billed to customer
accounts and the average and median utility usage per customer account;
(13) the methods and contents of general communications by utilities
to customer accounts concerning their rights and available assistance
programs, excluding any customer-specific communications; and
(14) the commission's assessment of whether existing customer assist-
ance programs are presently and will in the future be sufficient to meet
the financial needs of customer accounts in arrears who are unable to
pay those arrears in full, as well as the needs of customer accounts who
may be unable to pay bills for current service.
c. Following the commission's submission of the reports to the gover-
nor and legislature such reports shall be posted on the commission's
website and be subject to 30 days of public comment on affordability
from the date of the submission to the governor and the legislature. The
commission shall provide meaningful opportunities for public comment
from all persons who will be impacted by findings of the commission,
including persons living in disadvantaged communities and in rural
communities across the state in entirety. Within 90 days of the
submission of the initial report, the commission shall conduct at least
five public hearings in different regions of the state, as defined
by the empire state development corporation, and provide meaningful
opportunity for comment. The public hearings may be held virtually.
d. Each utility shall, within 90 days of the effective date of this
act, submit to the commission, in a form and manner determined by the
commission, the information required pursuant to paragraph b of this
subdivision. Six months after the submission of the initial report to
S. 4008--B 151
the governor and legislature, each utility shall submit to the commis-
sion, in a form and manner determined by the commission, the information
required pursuant to paragraph b of this subdivision. Each utility shall
publish on its website the data it reports pursuant to this paragraph,
simultaneously with submission of the data to the commission.
3. If the data required by this act cannot reasonably be obtained from
an existing utility information technology system without an increase in
customer utility bills, a utility or municipality may petition the
commission, in a form and manner to be determined by the commission, to
provide the required data in an alternative format.
4. The commission shall publish on its website the reports required
pursuant to subdivision two of this section, simultaneously with the
submission of each report. The reports shall include the information
required pursuant to this section in a spreadsheet format.
5. Within 180 days of the effective date of this act, the commission
shall require that utilities and/or municipalities establish appropriate
financial assistance programs, allowing for the payback of customer
arrears resulting from the COVID-19 state of emergency through twenty-
four month or thirty-six month payment plans.
§ 3. 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.
§ 4. This act shall take effect immediately.
PART MMM
Section 1. Short title. This act shall be known and may be cited as
the "NY Home Energy Affordable Transition Act".
§ 2. Legislative findings. The legislature finds and declares that:
1. The Climate Leadership and Community Protection Act (the "CLCPA")
created legal mandates for dramatic greenhouse gas emission reductions
from all sectors of New York's economy. The CLCPA also emphasizes equity
in addressing climate change by requiring all state agencies and author-
ities to prioritize reductions of greenhouse gas emissions and co-pollu-
tants in disadvantaged communities and by mandating that certain state
investments deliver benefits to these communities.
2. Buildings are New York's largest source of greenhouse gas emis-
sions, accounting for approximately one-third of the greenhouse gas
emissions in our state. New York state's buildings also produce more
local air pollution than any other state in the country, resulting in
negative health outcomes such as increased rates of asthma, particularly
among children, and heart disease. Therefore, reducing greenhouse gas
emissions and toxic air pollution emitted from New York's buildings,
especially in disadvantaged communities, is necessary to meet the CLCPA
mandates.
3. To meet the state's bold climate and equity mandates, New York will
need to update how it regulates gas utility service. Doing so will
enable strategic planning and investments in neighborhood-scale building
decarbonization and help bring the statewide gas distribution system
into alignment with the two thousand thirty and two thousand fifty
S. 4008--B 152
greenhouse gas emission reduction mandates in the CLCPA through an
orderly and equitable process, coordinated with appropriate investments
in the electric system to ensure all New Yorkers have non-discriminato-
ry, affordable access to the energy needed for heating, cooling, and
powering the buildings in which they live and work.
4. The New York public service law not only contains barriers to
neighborhood-scale building decarbonization solutions such as thermal
energy networks, but also works at cross purposes with the state's
climate and affordability goals, by requiring and subsidizing the
continued expansion of natural gas infrastructure.
a. The gas utility obligation to serve codified in the public service
law is a major obstacle to utilities developing neighborhood-scale
building decarbonization projects that would facilitate bringing the gas
system into alignment with the two thousand thirty and two thousand
fifty greenhouse gas emission reduction mandates in the CLCPA in a
manner that can mitigate costs for all utility customers, reduces green-
house gas emissions and co-pollutants impacting local air quality, and
provides a transition for impacted workers.
b. Statutorily mandated utility system extension allowances require
existing ratepayers to subsidize gas infrastructure hookups for new
customers. According to a recent joint filing with the Public Service
Commission by the New York state gas utilities, these required allow-
ances cost gas utilities hundreds of millions of dollars per year.
These costs are passed directly to existing gas customers.
c. Gas utilities in New York are on track to collectively spend $150
billion to replace thousands of miles of leak prone pipe in the coming
years. These investments pose a risk of becoming stranded assets, with
$77 billion of the total cost coming due after 2050, but can be avoided
in many cases by strategically investing in neighborhood-scale decarbon-
ization projects.
5. New Yorkers are suffering from dramatic fossil fuel price spikes
driven by the increasingly integrated global commodity market, subject
to the whims of foreign dictators such as Russia's Vladimir Putin or
Saudi Arabia's Prince Mohammed bin Salman. Fossil fuel prices have
spiked to historic high levels, making both electricity and gas utility
service unaffordable for many New Yorkers. Decarbonizing buildings
through the strategic development of neighborhood-scale building decar-
bonization projects, along with investing in energy efficiency and
renewable electricity, will save New Yorkers money now and in the
future, protect against price volatility, and promote true energy inde-
pendence for New York state.
6. Fossil fuel price spikes are exacerbating the affordability impacts
of the COVID-19 Pandemic. Over a million households in New York now
struggle to pay their utility bills. The Public Service Commission has
declared, but not yet achieved, a goal that customers should not pay
more than 6% of their income for utility energy services, a number based
on a nationally accepted standard.
7. Thus, it is the intent of the legislature to enact the NY Home
Energy Affordable Transition Act for the following purposes:
a. to ensure that the public service law regarding regulation and
oversight of gas utilities will provide for the timely and strategic
decarbonization and right-sizing of the gas distribution system in a
just and affordable manner as required to meet the climate justice and
emission reduction mandates of the CLCPA, appropriately balancing rate-
payers' needs and interests with the maintenance of financially sound
S. 4008--B 153
utilities, prioritizing low-to-moderate income customers and disadvan-
taged communities, and encouraging neighborhood-scale transitions;
b. to provide the Public Service Commission with the statutory author-
ity and direction to align utility regulations and planning with the
CLCPA climate justice and emission reduction mandates and to require the
Public Service Commission to take a proactive role in the timely iden-
tification and amendment of such regulations or rulings as may pose an
impediment to achieving CLCPA mandates, and to identify any laws that
may pose an impediment;
c. to end statutorily mandated, ratepayer-subsidized incentives for
the expansion of fossil fuel infrastructure while maintaining the equi-
table provision of electric service for efficient heating, cooling,
cooking, hot water, and other uses;
d. to provide affordable access to electricity for heating and cooling
and to protect low-income and moderate-income customers from undue
burdens as they decarbonize their buildings; and
e. to clarify that municipal building codes regulating on-site emis-
sions are not preempted under New York state law.
8. 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
the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC-
TION AS MAY ARISE FROM TIME TO TIME. 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 [chair-
man] CHAIRPERSON of the commission by the governor to serve in such
capacity at the pleasure of the governor or until his OR HER term as
commissioner expires whichever first occurs. At least one commissioner
shall have experience in utility consumer advocacy. No more than three
commissioners may be members of the same political party unless, pursu-
ant 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. Subdivisions 1 and 2 of section 5 of the public service law,
subdivision 1 as amended and subdivision 2 as added by chapter 155 of
the laws of 1970, paragraph i of subdivision 1 as added by chapter 375
of the laws of 2022, are amended to read as follows:
1. The jurisdiction, supervision, powers and duties of the public
service commission shall extend under this chapter:
[b.] A. 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.
[c.] B. To the manufacture, holding, distribution, transmission, sale
or furnishing of steam for heat or power, to steam plants and to the
persons or corporations owning, leasing or operating the same.
S. 4008--B 154
[d.] C. To every telephone line which lies wholly within the state and
that part within the state of New York of every telephone line which
lies partly within and partly without the state and to the persons or
corporations owning, leasing or operating any such telephone line.
[e.] D. To every telegraph line which lies wholly within the state and
that part within the state of New York of every telegraph line which
lies partly within and partly without the state and to the persons or
corporations owning, leasing or operating any such telegraph line.
[f.] E. To the furnishing or distribution of water for domestic,
commercial or public uses and to water systems and to the persons or
corporations owning, leasing or operating the same.
[g.] F. To every stock yard within the state and to the stock yard
company owning, leasing or operating the same, to the same extent and in
respect to the same objects and purposes as such jurisdiction extends,
under this chapter, to depots, freight houses and shipping stations of a
common carrier, including the duty of such stock yard company to submit
reports and be subjected to investigation as if it were a common carri-
er, and the powers and duties of such commission to fix charges and make
and enforce orders relating to adequate service by such company.
[h.] G. A corporation or person owning or holding a majority of the
stock of a common carrier, gas corporation or electrical corporation
subject to the jurisdiction of the public service commission shall be
subject to the supervision of the public service commission in respect
of the relations between such common carrier, gas corporation or elec-
trical corporation and such owners or holders of a majority of the stock
thereof in so far as such relations arise from or by reason of such
ownership or holding of stock thereof or the receipt or holding of any
money or property thereof or from or by reason of any contract between
them; and in respect of such relations shall in like manner and to the
same extent as such common carrier, gas corporation or electrical corpo-
ration be subject to examination of accounts, records and memoranda, and
shall furnish such reports and information as the public service commis-
sion shall from time to time direct and require, and shall be subject to
like penalties for default therein.
[i.] H. To thermal energy provided by gas corporations, electric
corporations, or combination gas and electric corporations.
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 CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN, 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]
SERVICES to all residential customers without unreasonable qualifica-
tions 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, and is in the public
S. 4008--B 155
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 RIGHT-
SIZING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN, PRIORITIZING LOW-TO-MODERATE
INCOME CUSTOMERS AND DISADVANTAGED COMMUNITIES AS DEFINED IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND ENCOURAGING NEIGH-
BORHOOD-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 THE DISCONTINUANCE OF SERVICE IS PART OF A PROCESS OF
ORDERLY RIGHT-SIZING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSIST-
ENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER
ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. AS PART OF SUCH
PROCESS, THE COMMISSION SHALL TAKE ANY SUCH ACTION, AFTER NOTICE AND A
HEARING, AS IS NECESSARY TO FACILITATE THE ACHIEVEMENT OF CONSISTENCY
WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, BUT IN DOING SO IT
SHALL ACTIVELY ENCOURAGE A TRANSITION AWAY FROM FUELS WITH HIGH LIFE-CY-
CLE GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANT EMISSIONS, ENCOUR-
AGE NEIGHBORHOOD-SCALE TRANSITIONS, AND ENSURE THAT ALL RESIDENTIAL
CUSTOMERS HAVE ACCESS TO ELECTRICITY FOR HEATING AND COOLING SERVICES
WITHOUT UNREASONABLE QUALIFICATIONS, UNREASONABLE COSTS, OR LENGTHY
DELAYS, WITH A GOAL THAT LOW-TO-MODERATE INCOME CUSTOMERS, DEFINED AS
HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA
MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE, INCLUDING
THOSE WHO ARE ALREADY ELIGIBLE FOR THE COMMISSION'S ENERGY AFFORDABILITY
PROGRAM, ARE ADEQUATELY PROTECTED FROM BEARING ENERGY BURDENS GREATER
THAN SIX PERCENT OF THEIR INCOME, INCLUDING ANY UNDUE BURDENS IMPOSED BY
THE COST TO PURCHASE AND OPERATE ELECTRIC EQUIPMENT NEEDED TO FACILITATE
THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES
IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN.
§ 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 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 IS
SUBJECT TO ANY ORDERS OR REGULATIONS LIMITING OR DISCONTINUING GAS
SERVICE THAT ARE IMPLEMENTED BY THE COMMISSION TO FACILITATE THE
ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
SAND NINETEEN, 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
S. 4008--B 156
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, MUNICIPALITY, OR RETAIL ENERGY SERVICE COMPANY, WRIT-
TEN IN PLAIN LANGUAGE, AVAILABLE IN THE TOP TWELVE MOST COMMON NON-ENGL-
ISH LANGUAGES SPOKEN BY LIMITED ENGLISH PROFICIENT NEW YORKERS, AND
APPROVED BY THE COMMISSION AFTER STAKEHOLDER INPUT, ON INCENTIVES 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 DISTRIBUTION SYSTEM FOLLOWING A GAS INTERRUPTION
DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
3. Subject to the requirements of subdivisions four 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] AS OPERATIONALLY FEASIBLE BASED ON INFRASTRUCTURE AND COMMOD-
ITY AVAILABILITY AT THE SITE OF THE NEW RESIDENCE, 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, AND TO PROVIDE GAS SERVICE FOR SUCH A BUILDING IN ACCORDANCE WITH
COMMISSION REGULATION, 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 and installation costs relating to the applicant's
proportion of the pipe, conduit, duct or wire, or other facilities to be
installed.
§ 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 must be supplied on application IN ACCORD-
ANCE WITH COMMISSION 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 occu-
pant 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] elec-
S. 4008--B 157
tricity as may be required for [lighting] such building AND IT MAY
PROVIDE GAS FOR SUCH BUILDING IN ACCORDANCE WITH COMMISSION REGULATION,
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 applica-
tion, 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 to any applicant where the ground in which such pipe
or wire is required to be laid shall be frozen, or shall otherwise pres-
ent 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 proportion] 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. Subdivision 2 of section 66 of the public service law, as amended
by chapter 877 of the laws of 1953, is amended and a new subdivision
12-e is 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
S. 4008--B 158
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
adequate to meet the reasonable demands of domestic consumption and may
[prohibit the use of natural gas in wasteful devices and practices]
ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE OF THE DISTRIBUTION
SYSTEM, WHERE THE COMMISSION HAS DETERMINED THAT SUCH CURTAILMENT OR
DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLICY,
PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT
WITH A PLAN FOR THE PHASE-OUT OF THE USE OF A GAS DISTRIBUTION SYSTEM TO
ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION
MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINE-
TEEN, INCLUDING THE OPPORTUNITY FOR THE FULL RECOVERY OF THE UTILITY'S
INVESTMENT IN SUCH SYSTEM, ENCOURAGING NEIGHBORHOOD-SCALE TRANSITIONS
FOR CLEAN HEATING AND COOLING, PRIORITIZING DISADVANTAGED COMMUNITIES AS
DEFINED IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN,
AND ACCOMPANIED BY COORDINATION ASSISTANCE AND, WHERE REASONABLY
REQUIRED, FINANCIAL ASSISTANCE IN THE IDENTIFICATION AND ADOPTION OF
ALTERNATIVES, AND MAY PROHIBIT THE USE OF NATURAL GAS IN WASTEFUL
DEVICES AND PRACTICES, AS DEFINED BY THE COMMISSION, AND REQUIRE CONSER-
VATION AND EFFICIENCY IN GAS USAGE.
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 ACHIEVE CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ENCOURAGING NEIGHBORHOOD-SCALE
TRANSITIONS AWAY FROM FUELS WITH HIGH LIFE-CYCLE GREENHOUSE GAS EMIS-
SIONS AND ON-SITE CO-POLLUTANT EMISSIONS, PRIORITIZING LOW-TO-MODERATE
INCOME CUSTOMERS AND DISADVANTAGED COMMUNITIES AS DEFINED IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. SUCH PROCESS SHALL
INCLUDE THRESHOLDS AND CRITERIA FOR THE TYPES OF PROJECTS SUBJECT TO
SUCH EXAMINATION. THE COMMISSION SHALL REQUIRE PARTICIPATION IN SUCH
PROCESS BY EACH ELECTRIC CORPORATION WITH A SERVICE AREA OVERLAPPING THE
SERVICE AREA OF THE GAS CORPORATION; AND THE COMMISSION SHALL HAVE THE
POWER TO REQUIRE ANY SUCH ELECTRIC CORPORATION TO PARTICIPATE IN ALTER-
NATIVES TO GAS CAPITAL CONSTRUCTION, INCLUDING PARTICIPATION IN FINANC-
ING. ANY COSTS INCURRED BY SUCH ELECTRIC CORPORATION FOR SUCH CORPO-
RATION'S PARTICIPATION SHALL BE SUBJECT TO AN OPPORTUNITY FOR FULL
RECOVERY, AS DETERMINED BY THE COMMISSION.
§ 9. 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,
S. 4008--B 159
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. IT IS FURTHER DECLARED TO BE THE POLICY
OF THIS STATE THAT GAS SERVICE TO EXISTING CUSTOMERS MUST BE PROVIDED IN
A MANNER THAT IS SAFE AND ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDU-
LY PREFERENTIAL, AND IN ALL RESPECTS JUST AND REASONABLE.
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 CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN, OR THAT there exists such a
shortage 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 additional customers or of supplying additional service to present
customers, for such purpose or purposes as may be designated by the
commission, 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
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 CHAPTER ONE HUNDRED SIX OF THE LAWS OF
TWO THOUSAND NINETEEN, AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING
S. 4008--B 160
ECONOMIC DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING
LOW-TO-MODERATE 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
EMISSIONS, INCLUDING THERMAL ENERGY NETWORKS.
5. THE COMMISSION SHALL REQUIRE GAS AND/OR ELECTRIC UTILITIES TO
PROVIDE COORDINATION ASSISTANCE AND FINANCIAL ASSISTANCE, IN SUCH FORMS
AS THE COMMISSION DEEMS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY
POLICY, TO IDENTIFY AND ADOPT ALTERNATIVES WHERE APPLICATIONS FOR NEW OR
ADDITIONAL GAS SERVICE ARE DENIED AND ENCOURAGE NEIGHBORHOOD-SCALE TRAN-
SITIONS.
§ 10. Section 66-b of the public service law is REPEALED.
§ 11. The public service law is amended by adding a new section 66-u
to read as follows:
§ 66-U. EXPANSION OF GAS DISTRIBUTION INFRASTRUCTURE. EXCEPT AS
PROVIDED IN THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF
THIS CHAPTER, AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, NO
GAS CORPORATION SHALL COMMENCE CONSTRUCTION OF NEW GAS DISTRIBUTION
INFRASTRUCTURE THE RESULT OF WHICH WOULD BE TO 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 COMMISSION. NO SUCH
NEW GAS DISTRIBUTION INFRASTRUCTURE SHALL BE PUT INTO SERVICE AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. THE COMMISSION MAY
AUTHORIZE EXCEPTIONS ON A CASE-BY-CASE BASIS, PROVIDED THAT THE COMMIS-
SION FINDS THAT THE PROJECT QUALIFYING FOR THE EXCEPTION SERVES A
COMPELLING STATE INTEREST, ALTERNATIVES TO GAS SERVICE ARE EITHER NOT
TECHNICALLY FEASIBLE OR PROHIBITIVELY EXPENSIVE, AND THAT THE PROJECT
WILL BE COMPLETED AND PUT INTO SERVICE NOT LATER THAN DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-SEVEN. FOR THE PURPOSES OF THIS SECTION, GAS
DISTRIBUTION INFRASTRUCTURE SHALL INCLUDE ALL REAL ESTATE, FIXTURES AND
PERSONAL PROPERTY OPERATED, OWNED, USED OR TO BE USED FOR OR IN
CONNECTION WITH OR TO FACILITATE THE MANUFACTURE, CONVEYING, TRANSPORTA-
TION, DISTRIBUTION, SALE OR FURNISHING OF GAS (NATURAL OR MANUFACTURED
OR A MIXTURE OF BOTH) FOR LIGHT, HEAT OR POWER, BUT DOES NOT INCLUDE
PROPERTY USED SOLELY FOR OR IN CONNECTION WITH THE BUSINESS OF SELLING,
DISTRIBUTING OR FURNISHING OF GAS IN ENCLOSED CONTAINERS.
§ 12. Section 66-g of the public service law is REPEALED.
§ 13. The public service law is amended by adding a new section 77-a
to read as follows:
§ 77-A. ALIGNING UTILITY REGULATION WITH CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES. 1. WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF
THIS SECTION, THE COMMISSION SHALL INITIATE A PROCEEDING, OR MULTIPLE
PROCEEDINGS, AS IT DEEMS APPROPRIATE, TO CONSIDER AND ACT ON THE MATTERS
IDENTIFIED IN THIS SECTION IN ORDER TO BETTER ALIGN ITS REGULATION OF
UTILITY SERVICES WITH THE TIMELY ACHIEVEMENT OF CONSISTENCY WITH THE
CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED
SIX OF THE LAWS OF TWO THOUSAND NINETEEN. IF THE COMMISSION IS ALREADY
ENGAGED IN A PROCEEDING ADDRESSING ONE OR MORE OF THE MATTERS IDENTI-
FIED IN THIS SECTION, IT SHALL NOT BE REQUIRED TO OPEN A NEW PROCEEDING
ON THAT MATTER. FOLLOWING COMPLETION OF ALL PROCEEDINGS INITIATED
PURSUANT TO THIS SECTION, THE COMMISSION SHALL INITIATE REGULAR SUBSE-
QUENT PROCEEDINGS, AS IT DEEMS NECESSARY, TO ENSURE THE ACHIEVE-
MENT OF THE GOALS OUTLINED IN THIS SECTION. THE PROCEEDING OR
PROCEEDINGS SHALL INCLUDE:
S. 4008--B 161
(A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, A REVIEW OF
THE PUBLIC SERVICE LAW AND ITS CURRENT RULES AND POLICY GUIDANCE TO
IDENTIFY ANY LAW, RULE, GUIDANCE, OR LACK THEREOF, THAT MAY INHIBIT
TIMELY, EQUITABLE ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE
JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN. THE COMMISSION SHALL REPORT TO THE
LEGISLATURE ITS PROGRESS AND FINDINGS, IDENTIFY SUBSEQUENT ACTIONS IT
WILL TAKE, AND MAKE RECOMMENDATIONS FOR ANY STATUTORY AMENDMENTS OR
OTHER ACTIONS THAT MAY BE NEEDED TO FACILITATE THE TIMELY ACHIEVEMENT
OF SUCH MANDATES.
(B) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, A REVISION
OF THE COMMISSION'S RULES AND REGULATIONS FOR DETERMINING APPROPRIATE
ALLOWANCES FOR THE EXTENSION OF GAS AND ELECTRIC UTILITY SERVICES TO
ENSURE THAT UTILITY SERVICE IS PROVIDED IN A MANNER CONSISTENT WITH THE
ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. IN ESTAB-
LISHING RULES GOVERNING THE ALLOWANCE FOR THE EXTENSION OF GAS SERVICE,
THE COMMISSION SHALL ELIMINATE ALL MAIN AND SERVICE LINE EXTENSION
ALLOWANCES FOR GAS SERVICE AND MAY INCREASE ALLOWANCES FOR ELECTRIC
SERVICE. THE COMMISSION MAY ESTABLISH RULES THAT PROVIDE FOR DISTINCT
ELECTRIC ALLOWANCES FOR ALL-ELECTRIC CUSTOMERS AND FOR DUAL-FUEL CUSTOM-
ERS AND MAY PROVIDE ADDITIONAL ELECTRIC ALLOWANCES TO BUILDINGS THAT ARE
MADE READY FOR BENEFICIAL ELECTRIC LOADS SUCH AS THOSE WITH ELECTRIC
VEHICLE CHARGING FACILITIES AND GRID INTERACTIVE BUILDINGS. THE COMMIS-
SION MAY ALSO ESTABLISH ALLOWANCES FOR BUILDINGS SEEKING INTERCONNECTION
WITH THERMAL ENERGY NETWORKS.
(C) IN ORDER TO MINIMIZE LONG-TERM COSTS AND STRANDED ASSETS, AND
MAXIMIZE SAVINGS AND BENEFITS FOR CUSTOMERS, WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SECTION THE COMMISSION SHALL ISSUE AN ORDER
REQUIRING EACH GAS CORPORATION, WITHIN ONE HUNDRED EIGHTY DAYS OF THE
ISSUANCE OF THE ORDER, TO RESTRUCTURE ITS PLAN FOR ADDRESSING THE LEAK-
PRONE GAS MAINS AND SERVICE LINES ON ITS SYSTEM TO FACILITATE THE ORDER-
LY RIGHT-SIZING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSISTENCY
WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN WHILE MAINTAINING SAFE-
TY AND RELIABILITY OF THE GAS SYSTEM, SUBJECT TO ALL RELEVANT FEDERAL
LAWS AND REGULATIONS. TO ACCOMPLISH THIS, THE COMMISSION SHALL REQUIRE
EACH GAS CORPORATION, IN COORDINATION WITH ANY AND ALL ELECTRIC CORPO-
RATIONS WITH OVERLAPPING SERVICE AREAS, TO PURSUE A GEOGRAPHICALLY
TARGETED APPROACH TO IMPLEMENTING ALTERNATIVE SOLUTIONS THAT MINIMIZE
THE REPLACEMENT OF LEAK-PRONE GAS MAINS AND SERVICE LINES WHILE ENCOUR-
AGING NEIGHBORHOOD-SCALE FULL BUILDING ELECTRIFICATION, INCLUDING
THROUGH THE INSTALLATION OF THERMAL ENERGY NETWORKS, RESULTING IN THE
DECOMMISSIONING OF THE MAXIMUM FEASIBLE SEGMENT OF GAS MAIN OR SERVICE
LINE. THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION, AFTER NOTICE
AND COMMENT, TO ESTABLISH CRITERIA FOR EVALUATING WHETHER SPECIFIC
SEGMENTS OF LEAK-PRONE MAINS AND SERVICE LINES ARE CANDIDATES FOR SUCH A
GEOGRAPHICALLY TARGETED APPROACH AND TO EVALUATE THEIR ENTIRE INVENTORY
OF LEAK-PRONE PIPES TO CREATE A STRATEGIC DECOMMISSIONING RANKING IN
WHICH IT RANKS THE SEGMENTS IN TERMS OF THE ABILITY TO ELECTRIFY ALL
CUSTOMERS SERVED BY THE SEGMENT AND RETIRE THE GAS DISTRIBUTION INFRAS-
TRUCTURE. THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION TO FILE AN
ANNUAL REPORT THAT PROVIDES A QUALITATIVE AND QUANTITATIVE ASSESSMENT OF
THE REDUCTION OF LEAK-PRONE PIPE INVENTORY AND THAT UPDATES THE STRATE-
GIC DECOMMISSIONING RANKING FROM THE PRIOR YEAR. THE COMMISSION SHALL
ESTABLISH NOTICE REQUIREMENTS AND CONSUMER AND AFFORDABILITY PROTECTIONS
S. 4008--B 162
IN ACCORDANCE WITH SECTION THIRTY OF THE PUBLIC SERVICE LAW APPLICABLE
TO CUSTOMERS SERVED BY SEGMENTS OF THE GAS DISTRIBUTION SYSTEM TARGETED
FOR DECOMMISSIONING.
(D) IN ORDER TO MAXIMIZE THE COST SAVINGS AND BENEFITS OF THE TRANSI-
TION OF THE ELECTRIC SYSTEM FOR THE EQUITABLE, ORDERLY, AND AFFORDABLE
ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
SAND NINETEEN, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION THE
COMMISSION SHALL ISSUE AN ORDER REQUIRING ALL ELECTRIC CORPORATIONS TO
PURSUE ALL AVAILABLE ELECTRIC ENERGY EFFICIENCY AND DEMAND FLEXIBILITY
MEASURES THAT ARE COST-EFFECTIVE, RELIABLE, AND FEASIBLE. NO LESS
FREQUENTLY THAN EVERY THREE YEARS, THE COMMISSION SHALL IDENTIFY THE
STATEWIDE ACHIEVABLE POTENTIAL FOR ENERGY EFFICIENCY AND DEMAND FLEXI-
BILITY MEASURES FOR THE SUBSEQUENT TEN-YEAR PERIOD AND ESTABLISH ANNUAL
ENERGY EFFICIENCY AND DEMAND FLEXIBILITY TARGETS FOR EACH ELECTRIC
CORPORATION THAT ARE NO LOWER THAN ITS PROPORTIONAL SHARE OF THE STATE-
WIDE ACHIEVABLE POTENTIAL.
(E) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SION SHALL COMPLETE A PROCEEDING TO DEVELOP AND ISSUE A REPORT EVALUAT-
ING AND CONSIDERING RATE MAKING STRATEGIES TO ENCOURAGE AND FACILITATE
ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. THE
REPORT SHALL EXPLORE OPTIONS FOR DEVELOPING AND ASSESSING THE IMPACTS OF
RATES FOR ELECTRIC, GAS, STEAM, AND THERMAL ENERGY NETWORKS ON TOTAL
CUSTOMER ENERGY COSTS, AND SHALL EXPLORE OPTIONS FOR INTEGRATING COST
SHARING AND RECOVERY ACROSS UTILITIES AND SERVICES. THE REPORT SHALL
ALSO IDENTIFY STATUTORY BARRIERS TO THE IMPLEMENTATION OF SUCH STRATE-
GIES. IN CONSIDERING SUCH RATE MAKING STRATEGIES, THE COMMISSION SHALL
HAVE A GOAL OF ENSURING THAT ALL LOW-TO-MODERATE INCOME RESIDENTIAL
CUSTOMERS PAY NO MORE THAN SIX PERCENT OF THEIR INCOME FOR ELECTRICITY.
(F) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SION SHALL DETERMINE, BASED ON THE BEST AVAILABLE INFORMATION, THE
GREENHOUSE GAS EMISSION REDUCTIONS NECESSARY TO BRING THE STATEWIDE GAS
DISTRIBUTION SYSTEM INTO ALIGNMENT WITH THE STATEWIDE TWO THOUSAND THIR-
TY AND TWO THOUSAND FIFTY GREENHOUSE GAS EMISSION REDUCTION TARGETS IN
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SET
INTERIM EMISSION REDUCTION TARGETS FOR EACH GAS UTILITY AS WELL AS
DEVELOPING A PERIODIC PROCESS TO REVIEW AND UPDATE SUCH TARGETS;
(G) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SION SHALL REVISE ITS RULES AND REGULATIONS FOR CONDUCTING BENEFIT-COST
ANALYSES SO THAT THE METHODOLOGY AND THE BASE FINANCIAL AND FRAMEWORK
ASSUMPTIONS FOR THE ANALYSIS SUPPORT ACHIEVEMENT OF THE CLIMATE JUSTICE
AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS
OF TWO THOUSAND NINETEEN. SUCH REVISIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(1) GREENHOUSE GAS EMISSION REDUCTION MANDATES SHALL BE USED AS A
CONSTRAINT IN DESIGNING THE SCENARIOS TO BE ANALYZED SUCH THAT ALL THE
SCENARIOS SHALL COMPLY WITH THE STATUTORY GREENHOUSE GAS EMISSION
REQUIREMENTS AND ANY INTERIM TARGETS SET BY THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION OR THE COMMISSION IN ORDER TO INTERNALIZE THE COST
OF ACHIEVING SUCH TARGETS IN THE BENEFIT-COST ANALYSIS.
(2) QUANTIFICATION OF PUBLIC HEALTH IMPACTS FROM IMPROVEMENTS IN AMBI-
ENT AND INDOOR AIR QUALITY. WHEN QUANTITATIVE METRICS ARE NOT POSSIBLE,
QUALITATIVE ANALYSIS SHALL BE INCLUDED.
(3) CONSIDERATION OF THE SIGNIFICANT UNCERTAINTIES AND RISKS ASSOCI-
ATED WITH DIFFERENT SCENARIOS, INCLUDING THE ENVIRONMENTAL IMPACT OF
S. 4008--B 163
LEAKED GAS, THE PROLONGED RELIANCE ON THE GAS SYSTEM THAT RESULTS FROM
LONG-LIVED INVESTMENTS IN GAS INFRASTRUCTURE AND GAS-CONSUMING EQUIP-
MENT, THE POSITIVE OPTION VALUE ASSOCIATED WITH MEASURES THAT CAN ELIMI-
NATE OR DEFER THE NEED FOR INVESTMENTS IN GAS INFRASTRUCTURE AND GAS-
CONSUMING EQUIPMENT, AND POTENTIAL CHALLENGES ASSOCIATED WITH FULL
ELECTRIFICATION.
(4) IN INSTANCES WHERE AN ALTERNATIVE FUEL HAS AN ENVIRONMENTAL ATTRI-
BUTE, ONLY ATTRIBUTE ALTERNATIVE FUELS WITH EMISSION REDUCTION BENEFITS
UNDER THE BENEFIT-COST ANALYSIS IF THE ENVIRONMENTAL ATTRIBUTES ARE
RETAINED BY THE UTILITY FOR THE BENEFIT OF THE UTILITY'S CUSTOMERS OR BY
THE END-USE CUSTOMER.
(5) USE ACCURATE DEPRECIATION SCHEDULES THAT ASSUME THE FULL VALUE OF
ANY NEW GAS ASSET IS FULLY DEPRECIATED NO LATER THAN TWO THOUSAND FIFTY,
ABSENT DEMONSTRATION THAT THE SPECIFIC ASSET WILL REMAIN IN SERVICE
BEYOND TWO THOUSAND FIFTY, AND EARLIER IF IT IS LIKELY THAT SUCH ASSET
WILL NEED TO BE PHASED OUT OR RETIRED BEFORE TWO THOUSAND FIFTY GIVEN
ANY INTERIM GREENHOUSE GAS EMISSION REDUCTION TARGETS OR GEOGRAPHICALLY
TARGETED STRATEGIC ASSET RETIREMENT.
(6) ASSESS DEMOGRAPHIC IMPACTS BY MEASURING WITH AS MUCH GEOGRAPHIC
GRANULARITY AS POSSIBLE AND CONSIDERING DIFFERENT LEVELS OF EXPOSURE AND
RISK FACTORS FOR IMPACTS ON DISADVANTAGED COMMUNITIES AND OTHER POPU-
LATIONS WITH VULNERABILITY TO CHANGES INDUCED BY REGULATION.
2. NOTHING IN THIS CHAPTER OR ANY OTHER LAW OF NEW YORK STATE SHALL BE
INTERPRETED OR OTHERWISE CONSTRUED AS PREEMPTING A MUNICIPALITY FROM
ADOPTING BUILDING CODES OR OTHER REGULATIONS REGARDING ON-SITE EMISSIONS
FOR NEW AND EXISTING BUILDINGS WITHIN THEIR LOCALITIES.
§ 14. This act shall take effect immediately.
PART NNN
Section 1. Section 352 of the economic development law is amended by
adding a new subdivision 1-b to read as follows:
1-B. "HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF SUCH
PLANT, INCLUDING THE SEEDS THEREOF AND ALL DERIVATIVES, EXTRACTS, CANNA-
BINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, WHETHER GROWING OR
NOT, WITH A DELTA-9 TETRAHYDROCANNABINOL CONCENTRATION OF NOT MORE THAN
THREE-TENTHS OF A PERCENT ON A DRY WEIGHT BASIS.
§ 2. Section 352 of the economic development law is amended by adding
a new subdivision 3-b to read as follows:
3-B. "NY HEMP BENEFIT-COST RATIO" MEANS THE FOLLOWING CALCULATION WITH
RESPECT TO NY HEMP PROJECTS: THE RATIO WHERE THE NUMERATOR IS THE SUM OF
(A) THE VALUE OF ALL REMUNERATION PROJECTED TO BE PAID FOR ALL NET NEW
JOBS DURING THE PERIOD OF PARTICIPATION IN THE PROGRAM; (B) THE VALUE OF
CAPITAL INVESTMENTS TO BE MADE BY THE BUSINESS ENTERPRISE DURING THE
PERIOD OF PARTICIPATION IN THE PROGRAM; AND (C) ALL RESEARCH AND DEVEL-
OPMENT EXPENDITURES BY THE PARTICIPANT IN NEW YORK STATE DURING THE
PERIOD OF PARTICIPATION IN THE PROGRAM; AND THE DENOMINATOR IS THE
AMOUNT OF TOTAL TAX BENEFITS UNDER THIS ARTICLE THAT WILL BE USED AND
REFUNDED AS WELL AS ANY STATE GRANTS PROVIDED TO THE PARTICIPANT.
§ 3. Subdivision 8-a of section 352 of the economic development law,
as amended by chapter 572 of the laws of 2022, is amended to read as
follows:
8-a. "Green project" means a project deemed by the commissioner to
make products or develop technologies that are primarily aimed at reduc-
ing greenhouse gas emissions, PREVENTING NON-RECYCLABLE WASTE, INCLUDING
BUT NOT LIMITED TO PACKAGING AND TEXTILES FROM ENTERING LANDFILLS, BEING
S. 4008--B 164
A VIABLE METHOD OF CARBON SEQUESTRATION, or supporting the use of clean
energy in accordance with goals described in chapter one hundred six of
the laws of two thousand nineteen. "Green project" shall include, but
not be limited to, the manufacture or development of products or tech-
nologies or supply chain components primarily for renewable energy
systems as defined in section sixty-six-p of the public service law,
vehicles that use non-hydrocarbon fuels and produce zero or near zero
emissions, heat pumps, energy efficiency, clean energy storage and other
products that significantly reduce greenhouse gas emissions by minimiz-
ing the utilization of depletable resources or by improving industrial
or agricultural efficiency. "Green project" shall not include a project
primarily composed of (i) necessarily local activities such as retail,
building construction, or the installation, deployment or adoption of a
clean energy product or technology at an end user's site, or (ii) the
production of products or development of technologies that would produce
only marginal and incremental energy savings or environmental benefits
ancillary to the core function of the product or technology.
§ 4. Section 352 of the economic development law is amended by adding
a new subdivision 25 to read as follows:
25. "NY HEMP PROJECT" MEANS A PROJECT MEETING ALL OF THE FOLLOWING
CRITERIA: (A) IS WITHIN THE HEMP INDUSTRIAL AND MANUFACTURING SECTOR;
(B) INCLUDES SUSTAINABILITY MEASURES TO MITIGATE THE PROJECT'S GREEN-
HOUSE GAS EMISSIONS IMPACT OVER ITS LIFETIME; (C) RESULTS IN THE FINAL
DEVELOPMENT AND SALE OF PRODUCTS OR COMPONENTS THAT SUBSTANTIALLY
REPLACE THE NEED FOR NON-RECYCLABLE MATERIALS INCLUDING PLASTIC; (D)
MAKES COMMITMENTS TO WORKER AND COMMUNITY INVESTMENT, INCLUDING THROUGH
TRAINING AND EDUCATION BENEFITS PAID BY THE PARTICIPANT AND PROGRAMS TO
EXPAND EMPLOYMENT OPPORTUNITY FOR ECONOMICALLY DISADVANTAGED INDIVID-
UALS; (E) PROVIDES FOR THE PAYMENT OF NOT LESS THAN FEDERAL PREVAILING
WAGE RATES FOR ITS PROJECT CONSTRUCTION; (F) WILL CREATE AT LEAST FIVE
NET NEW JOBS AND MAKE AT LEAST FIVE MILLION DOLLARS IN QUALIFIED INVEST-
MENT; (G) IS AWARDED A HEMP GROWER'S AUTHORIZATION WHEN INVOLVING THE
GROWING, CULTIVATING, PROCESSING, OR DISTRIBUTING OF HEMP PURSUANT TO
ARTICLE TWENTY-NINE OF THE AGRICULTURE AND MARKETS LAW.
§ 5. Paragraphs (m) and (n) of subdivision 1 of section 353 of the
economic development law, as amended by chapter 494 of the laws of 2022,
are amended and a new paragraph (o) is added to read as follows:
(m) as a participant operating in one of the industries listed in
paragraphs (a) through (k) of this subdivision and operating or sponsor-
ing child care services to its employees as defined in section three
hundred fifty-two of this article; [or]
(n) as a Green CHIPS project[.]; OR
(O) AS A NY HEMP PROJECT.
§ 6. Subdivision 3 of section 353 of the economic development law, as
amended by chapter 494 of the laws of 2022, is amended to read as
follows:
3. For the purposes of this article, in order to participate in the
excelsior jobs program, a business entity operating predominantly in
manufacturing must create at least five net new jobs; a business entity
operating predominately in agriculture must create at least five net new
jobs; a business entity operating predominantly as a financial service
data center or financial services customer back office operation must
create at least twenty-five net new jobs; a business entity operating
predominantly in scientific research and development must create at
least five net new jobs; a business entity operating predominantly in
software development must create at least five net new jobs; a business
S. 4008--B 165
entity creating or expanding back office operations must create at least
twenty-five net new jobs; a business entity operating predominately in
music production must create at least five net new jobs; a business
entity operating predominantly as an entertainment company must create
or obtain at least one hundred net new jobs; or a business entity oper-
ating predominantly as a distribution center in the state must create at
least fifty net new jobs, notwithstanding subdivision five of this
section; or a business entity operating predominately as a life sciences
company must create at least five net new jobs; or a business entity
must be a regionally significant project [or], Green CHIPS project, OR
NY HEMP PROJECT as defined in this article; or
§ 7. Subdivision 2 of section 355 of the economic development law, as
amended by chapter 494 of the laws of 2022, is amended to read as
follows:
2. Excelsior investment tax credit component. A participant in the
excelsior jobs program shall be eligible to claim a credit on qualified
investments. In a project that is not a green project, the credit shall
be equal to two percent of the cost or other basis for federal income
tax purposes of the qualified investment. In a green project, the credit
shall be equal to five percent of the cost or other basis for federal
income tax purposes of the qualified investment. In a project for child
care services [or], a Green CHIPS project, OR A NY HEMP PROJECT, the
credit shall be up to five percent of the cost or other basis for feder-
al income tax purposes of the qualified investment in child care
services or in the Green CHIPS project OR NY HEMP PROJECT, as applica-
ble. A participant may not claim both the excelsior investment tax cred-
it component and the investment tax credit set forth in subdivision one
of section two hundred ten-B, subsection (a) of section six hundred six,
the former subsection (i) of section fourteen hundred fifty-six, or
subdivision (q) of section fifteen hundred eleven of the tax law for the
same property in any taxable year, except that a participant may claim
both the excelsior investment tax credit component and the investment
tax credit for research and development property. In addition, a taxpay-
er who or which is qualified to claim the excelsior investment tax cred-
it component and is also qualified to claim the brownfield tangible
property credit component under section twenty-one of the tax law may
claim either the excelsior investment tax credit component or such
tangible property credit component, but not both with regard to a
particular piece of property. A credit may not be claimed until a busi-
ness enterprise has received a certificate of tax credit, provided that
qualified investments made on or after the issuance of the certificate
of eligibility but before the issuance of the certificate of tax credit
to the business enterprise, may be claimed in the first taxable year for
which the business enterprise is allowed to claim the credit. Expenses
incurred prior to the date the certificate of eligibility is issued are
not eligible to be included in the calculation of the credit.
§ 8. Subdivision 3 of section 355 of the economic development law, as
amended by chapter 494 of the laws of 2022, is amended to read as
follows:
3. Excelsior research and development tax credit component. A partic-
ipant in the excelsior jobs program shall be eligible to claim a credit
equal to fifty percent of the portion of the participant's federal
research and development tax credit that relates to the participant's
research and development expenditures in New York state during the taxa-
ble year; provided however, if not a green project, the excelsior
research and development tax credit shall not exceed six percent of the
S. 4008--B 166
qualified research and development expenditures attributable to activ-
ities conducted in New York state, or, if a green project [or], a Green
CHIPS project, OR A NY HEMP PROJECT, the excelsior research and develop-
ment tax credit shall not exceed eight percent of the research and
development expenditures attributable to activities conducted in New
York state. If the federal research and development credit has expired,
then the research and development expenditures relating to the federal
research and development credit shall be calculated as if the federal
research and development credit structure and definition in effect in
two thousand nine were still in effect. Notwithstanding any other
provision of this chapter to the contrary, research and development
expenditures in this state, including salary or wage expenses for jobs
related to research and development activities in this state, may be
used as the basis for the excelsior research and development tax credit
component and the qualified emerging technology company facilities,
operations and training credit under the tax law.
§ 9. This act shall take effect immediately.
PART OOO
Section 1. Subdivision 1 of section 80-b of the highway law, as
amended by chapter 794 of the laws of 2022, is amended to read as
follows:
1. In connection with the undertaking of any project for which the
commissioner is authorized to use moneys of the federal government
pursuant to the provisions of subdivision thirty-four-a of section ten
and section eighty of this chapter to assure the effective discharge of
state responsibilities with respect to regional transportation needs, on
highways, roads, streets, bicycle paths [or], pedestrian paths, OR PARK-
AND-RIDE DEVELOPMENTS that are not on the state highway system, the
commissioner shall submit such project to the governing body or bodies
of the affected municipality or municipalities together with estimates
of costs thereof. If such project includes a municipal project, as that
term is defined in accordance with article thirteen of the transporta-
tion law, the state share of such municipal project shall also be
included. If such project includes a project affecting a highway, road,
street, bicycle path [or], pedestrian path, OR PARK-AND-RIDE DEVELOP-
MENTS not on the state highway system, the state share shall be equal to
eighty percent of the difference between the total project cost and the
federal assistance, provided, however, the state share shall be equal to
eighty-seven and one-half percent of the difference between the total
project cost and the federal assistance where, in conjunction with such
project, the municipality agrees to fund a complete street design
feature as defined in section three hundred thirty-one of this chapter,
provided, further, the commissioner may increase the state share to an
amount equal to one hundred percent of the difference between the total
project cost and the federal assistance where he or she determines that
the need for the project results substantially from actions undertaken
pursuant to section ten of this chapter. No such project shall proceed
without the approval of the governing body of a municipality. Such
governing body may request the commissioner to undertake the provision
of such project. If the commissioner agrees to such undertaking he or
she shall notify the local governing body which shall appropriate suffi-
cient moneys to pay the estimated amount of the municipal share. Such
moneys shall be deposited with the state comptroller who is authorized
to receive and accept the same for the purposes of such project, subject
S. 4008--B 167
to the draft or requisition of the commissioner. When the work of such
project has been completed, the commissioner shall render to the govern-
ing body of such municipality an itemized statement showing in full (a)
the amount of money that has been deposited by such municipality with
the state comptroller as hereinbefore provided, and (b) all disburse-
ments made pursuant to this section for such project. Any surplus
moneys shall be paid to such municipality on the warrant of the comp-
troller on vouchers therefor approved by the commissioner. When the work
of such project has been completed and it is determined by the commis-
sioner that the amount of the cost to be borne by the municipality is in
excess of the amount deposited by such municipality with the state comp-
troller, the commissioner shall then notify the municipality of the
deficiency of funds. The municipality shall then within ninety days of
the receipt of such notice, pay such amount to the state comptroller.
For purposes of this section, the term "municipality" shall include a
city, county, town, village or two or more of the foregoing acting
jointly.
§ 1-a. Subdivision 1 of section 80-b of the highway law, as
amended by chapter 3 of the laws of 2023, is amended to read as
follows:
1. In connection with the undertaking of any project for which the
commissioner is authorized to use moneys of the federal government
pursuant to the provisions of subdivision thirty-four-a of section ten
and section eighty of this chapter to assure the effective discharge of
state responsibilities with respect to regional transportation needs, on
highways, roads, streets, bicycle paths [or], pedestrian paths, OR PARK-
AND-RIDE DEVELOPMENTS that are not on the state highway system, the
commissioner shall submit such project to the governing body or bodies
of the affected municipality or municipalities together with estimates
of costs thereof. If such project includes a municipal project, as that
term is defined in accordance with article thirteen of the transporta-
tion law, the state share of such municipal project shall also be
included. If such project includes a project affecting a highway, road,
street, bicycle path [or], pedestrian path, OR PARK-AND-RIDE DEVELOP-
MENTS not on the state highway system, the state share shall be equal to
eighty percent of the difference between the total project cost and the
federal assistance, provided, however, the commissioner may increase the
state share to an amount equal to one hundred percent of the difference
between the total project cost and the federal assistance where he or
she determines that the need for the project results substantially from
actions undertaken pursuant to section ten of this chapter. No such
project shall proceed without the approval of the governing body of a
municipality. Such governing body may request the commissioner to under-
take the provision of such project. If the commissioner agrees to such
undertaking he or she shall notify the local governing body which shall
appropriate sufficient moneys to pay the estimated amount of the munici-
pal share. Such moneys shall be deposited with the state comptroller who
is authorized to receive and accept the same for the purposes of such
project, subject to the draft or requisition of the commissioner. When
the work of such project has been completed, the commissioner shall
render to the governing body of such municipality an itemized statement
showing in full (a) the amount of money that has been deposited by such
municipality with the state comptroller as hereinbefore provided, and
(b) all disbursements made pursuant to this section for such project.
Any surplus moneys shall be paid to such municipality on the warrant of
the comptroller on vouchers therefor approved by the commissioner. When
S. 4008--B 168
the work of such project has been completed and it is determined by the
commissioner that the amount of the cost to be borne by the municipality
is in excess of the amount deposited by such municipality with the state
comptroller, the commissioner shall then notify the municipality of the
deficiency of funds. The municipality shall then within ninety days of
the receipt of such notice, pay such amount to the state comptroller.
For purposes of this section, the term "municipality" shall include a
city, county, town, village or two or more of the foregoing acting
jointly.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 80-b of the highway law
made by section one of this act shall be subject to the expiration of
such subdivision when upon such date the provisions of section one-a of
this act shall take effect.
PART PPP
Section 1. The department of transportation is hereby authorized and
directed to conduct a study pertaining to traffic flow and safety of
State Route 35 and State Route 202 from the Hudson River to the border
of Connecticut. Such study shall include the bear mountain state parkway
in Yorktown, the town of Cortlandt and the city of Peekskill located in
Westchester county.
1. The department shall study the current conditions and data to
ensure the safe and effective traffic flow of State Route 35 and State
Route 202.
2. The department of transportation shall report such findings to the
governor and the legislature within one year after the effective date of
this act.
§ 2. This act shall take effect immediately and shall expire one year
after it shall have become a law when upon such date the provisions of
this act shall be deemed repealed.
PART QQQ
Section 1. This act shall be known and may be cited as the "NYS entre-
preneurial training act".
§ 2. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding
two new sections 16-hh and 16-ii to read as follows:
§ 16-HH. ENTREPRENEURIAL TRAINING GRANT PROGRAM. 1. THERE IS HEREBY
ESTABLISHED WITHIN THE EMPIRE STATE DEVELOPMENT CORPORATION AN ENTREPRE-
NEURIAL TRAINING GRANT PROGRAM. THE PROGRAM SHALL BE FORMULATED BY SUCH
CORPORATION AND ADMINISTERED BY INDIVIDUAL PARTICIPATING CITIES AND
TOWNS. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE GRANTS TO ELIGI-
BLE APPLICANTS TO SUPPORT AND TRAIN ENTREPRENEURIAL CANDIDATES.
2. IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNUAL
GRANT AN APPLICANT SHALL SUBMIT WITH ITS APPLICATION A GRADABLE BUSINESS
PLAN FOR THE USE OF THE GRANT MONEY.
3. A MINIMUM OF TWENTY PERCENT OF THE PARTICIPANTS OF THE PROGRAM
SHALL BE NEW YORK STATE CERTIFIED MINORITY AND WOMEN'S BUSINESS ENTER-
PRISES AND A MINIMUM OF TEN PERCENT SHALL BE VETERANS OF THE UNITED
STATES MILITARY.
§ 16-II. ENTREPRENEURIAL TRAINING GRANT PROGRAM AWARDS. 1. WITHIN
AMOUNTS APPROPRIATED THEREFOR, THE EMPIRE STATE DEVELOPMENT CORPORATION
S. 4008--B 169
SHALL BE AUTHORIZED TO GRANT AWARDS FOR THE SUPPORT OF APPROVED ENTRE-
PRENEURIAL TRAINING GRANT PROGRAMS.
2. GRANTS TO SUPPORT AN APPROVED ENTREPRENEURIAL TRAINING GRANT
PROGRAM SHALL BE AWARDED ON A COMPETITIVE BASIS IN ACCORDANCE WITH
CRITERIA ESTABLISHED BY THE EMPIRE STATE DEVELOPMENT CORPORATION.
3. THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL, FROM WITHIN AMOUNTS
APPROPRIATED TO SUCH CORPORATION, UNDERTAKE ALL ACTIVITIES NECESSARY TO
PLAN FOR AND PRELIMINARILY PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE
ENTREPRENEURIAL TRAINING GRANT PROGRAM AUTHORIZED BY SECTION SIXTEEN-HH
OF THIS ACT FOR THE STATE FISCAL YEAR COMMENCING ONE YEAR FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION.
4. PARTICIPATING CITIES HAVING A POPULATION OF ONE MILLION OR MORE
SHALL BE ALLOCATED FIVE MILLION DOLLARS. ONE MILLION DOLLARS SHALL BE
USED FOR THE OPERATION OF THE PROGRAM. FOUR MILLION DOLLARS SHALL BE
USED TO GRANT FOUR HUNDRED TEN THOUSAND DOLLAR GRANTS TO SUCCESSFUL
GRADUATES OF THE PROGRAM.
5. PARTICIPATING CITIES AND TOWNS HAVING A POPULATION OF BETWEEN NINE-
TY THOUSAND AND LESS THAN ONE MILLION SHALL BE ALLOCATED FIVE HUNDRED
THOUSAND DOLLARS. ONE HUNDRED THOUSAND DOLLARS SHALL BE USED FOR THE
OPERATION OF THE PROGRAM. FOUR HUNDRED THOUSAND DOLLARS SHALL BE USED TO
GRANT FORTY TEN THOUSAND DOLLAR GRANTS TO SUCCESSFUL GRADUATES OF THE
PROGRAM.
§ 3. This act shall take effect immediately.
PART RRR
Section 1. 1. There is hereby established an East of Hudson watershed
road salt reduction task force, hereinafter referred to as the "task
force", to conduct a comprehensive review of road salt contamination and
roadway, parking lot, driveway, and sidewalk management best practices
within the East of Hudson watershed. Such task force shall consist of
fourteen members which shall include the commissioner of transportation
or their designee, the commissioner of environmental conservation or
their designee, the commissioner of health or their designee, the
commissioner of the department of environmental protection, or their
designee, and ten other members to be appointed by the governor as
follows: two upon the recommendation of the temporary president of the
senate, two upon the recommendation of the speaker of the assembly, one
upon the recommendation of the minority leader of the senate, one upon
the recommendation of the minority leader of the assembly, and four
without recommendation from any other person. The appointed members of
the task force shall include a representative of local governments with-
in the East of Hudson watershed and individuals with expertise in at
least one of the following: civil engineering, hydrology, geology, the
science of road salt contamination, highway maintenance and operations,
and public health. For the purposes of this act, the East of Hudson
watershed shall include portions of Dutchess, Putnam and Westchester
counties that make up the drainage basin for the New York city reservoir
system, consistent with the boundaries delineated by geographic informa-
tion system maps created by the department of environmental protection.
2. Task force members shall receive no compensation for their services
but shall be reimbursed for actual and necessary expenses incurred in
the performance of their duties, to the extent funds are appropriated
for such purpose. The commissioner of environmental conservation and the
commissioner of transportation shall serve as joint chairs of the task
force. A majority of the members of the task force shall constitute a
S. 4008--B 170
quorum for the transaction of business or the exercise of any power or
function of the task force. Any vacancies on the task force shall be
filled in the manner provided for in the initial appointment.
3. The task force shall be authorized to hold public hearings and
meetings, and to consult with any organization, educational institution,
or other government entity or person, to enable it to accomplish its
duties. To effectuate the purposes of this act, the task force may
request and shall receive from any department, division, board, bureau,
commission or other agency of the state or any state public authority
such assistance to the extent funds are available, and any such informa-
tion and data as will enable the task force to properly carry out its
powers and duties hereunder, provided however that any request for
information and data shall be reasonable in scope and volume, and
provided further that any and all information received by the task force
from the department of transportation shall not be redisclosed absent
specific authorization by the department of transportation.
4. The task force shall undertake a review and assessment of road salt
contamination within the East of Hudson watershed and assess current
state, local, and commercial policies and practices with respect to
state and local roadway, parking lot, driveway, and sidewalk management
in winter weather within the East of Hudson watershed. This review and
assessment shall take into consideration the best available science
concerning road salt contamination and the nature, scope and magnitude
of associated impacts to surface and ground waters, public and private
lands, property and infrastructure. This assessment shall also be based
on due consideration of public safety and the safety of the traveling
public.
5. The task force shall prepare and submit to the governor, the tempo-
rary president of the senate, the speaker of the assembly, the chairs of
the senate committees on transportation, environmental conservation and
health, and the chairs of the assembly committees on transportation,
environmental conservation and health, on or before December first, two
thousand twenty-four, a report containing:
(a) findings of an initial assessment of the nature, scope and magni-
tude of associated impacts of road salt on surface and ground waters,
public and private lands, property, health and infrastructure in the
East of Hudson watershed. This assessment shall include the identifica-
tion of possible sources of salt contamination;
(b) a review of current state, local, and commercial winter road
management practices and levels of service for state and local roadways,
parking lots, driveways, and sidewalks in the East of Hudson watershed;
(c) recommendations, including consideration of estimate environ-
mental, implementation, and liability costs for state and local govern-
ments and the public with respect to:
i. enhancement of winter road maintenance levels of service and best
management practices and road salt reduction techniques to reduce state
and local roadway, parking lot, driveway, and sidewalk salt contam-
ination of surface and ground waters in the East of Hudson watershed,
with due consideration of public safety and the safety of the traveling
public;
ii. recommendations for rapid response best practices to surface and
ground water contamination in the East of Hudson watershed, including a
determination of cost, with the intent to minimize impacts for homeown-
ers to be developed in cooperation with the department of health and the
department of environmental conservation;
S. 4008--B 171
iii. establishment of a training program for state and local winter
road maintenance workers and best practices for commercial applications
of road salt used on any surfaces; and
iv. advancement of a public education campaign to inform the public
about road salt contamination and how the public can reduce the need for
road salt;
(d) recommendations for a publicly accessible record-keeping database
system for road salt purchases and applications within the East of
Hudson watershed;
(e) recommendations for road salt reduction targets for the East of
Hudson watershed that may be used to guide the department of transporta-
tion, department of health, department of environmental conservation,
local governments in the East of Hudson watershed and commercial enti-
ties in measurably reducing sodium and chloride levels in surface and
ground waters, provided, however, that such targets represent recommen-
dations that may be adjusted by the department of transportation or
local governments if the department of transportation or local govern-
ments determine that adjustments are necessary to maintain the state and
local roadways in a reasonably safe condition; and
(f) recommendations for an East of Hudson watershed road salt
reduction pilot program including monitoring and operational plan goals,
objectives, and activities that may be used as guidance for a future
pilot program, subject to appropriation, including:
i. varying application methods, rates and frequencies with the intent
to measurably reduce road salt applied to state and local roadways,
parking lots, driveways, and sidewalks within the East of Hudson
watershed. This shall include test comparisons of applications consist-
ing primarily of abrasives and applications consisting primarily of
deicers, especially anti-icing and deicing brines;
ii. implementation of well-established best practices such as cutting
back the canopy where legal and appropriate, and pre-wetting abrasives
or solid deicers;
iii. use of the best available technology and equipment for winter
road management;
iv. changes to traffic management when weather events make road condi-
tions hazardous;
v. monitoring of water quality of surface and ground waters on down-
hill slopes of state and local roadways, parking lots, driveways, and
sidewalks in the East of Hudson watershed;
vi. monitoring of road conditions along state roadways within the East
of Hudson watershed;
vii. monitoring of truck operators using post-trip reporting;
viii. tracking of weather-related crash rates on state and local road-
ways within the East of Hudson watershed; and
ix. the conducting of a public education and outreach campaign to
inform East of Hudson watershed residents and visitors of changes to
winter road maintenance practices and engaging the public in changing
behaviors to support road salt reduction efforts.
§ 2. 1. The department of transportation and the department of envi-
ronmental conservation shall review the report of the East of Hudson
watershed road salt reduction task force, established pursuant to
section one of this act, shall conduct water sampling and analysis, and
shall incorporate into a road salt pilot program in the East of Hudson
watershed those recommendations that, in the discretion of the commis-
sioner of transportation, will not jeopardize the health and safety of
the traveling public and for which an appropriation is available. Such
S. 4008--B 172
road salt pilot program shall be established two years after such water
sampling and analysis has been completed to establish necessary baseline
data. Local governments in the East of Hudson watershed may review the
report of the East of Hudson watershed road salt reduction task force,
established pursuant to section one of this act, and may incorporate
into a road salt pilot program in their jurisdiction those recommenda-
tions that, in the discretion of the commissioner of transportation and
the local government, will not jeopardize the health and safety of the
traveling public and for which funding is available.
2. Following the incorporation of the recommendations into a road salt
pilot program, the department of transportation and department of envi-
ronmental conservation shall submit a summary report to the governor,
temporary president of the senate, and speaker of the assembly by August
30, 2028, of the results of such pilot program, including the identifi-
cation of effective and ineffective techniques for winter road mainte-
nance and revised levels of service in the East of Hudson watershed.
§ 3. This act shall take effect immediately and shall expire 5 years
after the pilot program established pursuant to section two of this act
is conducted when upon such date the provisions of this act shall be
deemed repealed.
PART SSS
Section 1. The opening paragraph of subdivision 5-a of section 340-b
of the highway law, as amended by chapter 30 of the laws of 1987, is
amended to read as follows:
The commissioner of transportation and the city of New York, acting
through the mayor or other administrative head thereof, pursuant to a
resolution of the governing body of such city, are authorized to enter
into a written agreement for the maintenance and repair, under the
supervision and subject to the approval of the commissioner of transpor-
tation, of any state interstate highway or portion thereof, exclusive of
service roads and pavement on intersecting street bridges, which is
within the boundaries of such city and which is now or which shall here-
after be designated in section three hundred forty-a of this [chapter]
ARTICLE and which has been constructed or which shall have been
constructed as authorized by section three hundred forty-a of this
[chapter] ARTICLE. Such agreement may provide that the state shall pay
annually to such city a sum to be computed at the rate of (a) not more
than [eighty-five] ONE DOLLAR AND EIGHTY-SEVEN cents per square yard of
the pavement area that is included in the state highway system according
to the provisions of this section, and (b) an additional [ten] TWENTY
cents per square yard of such pavement area where such pavement area is
located on any elevated bridge, SUCH RATE SHALL BE INCREASED IN EACH
YEAR OF THE AGREEMENT BY THE PERCENTAGE CHANGE IN THE CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW YORK-NORTHERN NEW JERSEY-LONG
ISLAND, NY-NJ-CT-PA, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF
LABOR BUREAU OF LABOR STATISTICS, OVER THE PRIOR FIVE YEARS.
§ 2. The opening paragraph of subdivision 7 of section 349-c of the
highway law, as amended by chapter 30 of the laws of 1987, is amended to
read as follows:
The commissioner of transportation and any city named in this article,
acting through the mayor or other administrative head thereof, pursuant
to a resolution of the governing body of such city except the city of
New York, are authorized to enter into a written agreement for the main-
tenance and repair, under the supervision and subject to the approval of
S. 4008--B 173
the commissioner, of any public street, main route or thoroughfare or
portion thereof, exclusive of service roads and pavement on intersecting
street bridges, which is within the boundaries of such city and which is
now or which shall hereafter be designated in this article and which has
been constructed or which shall have been constructed as authorized by
[articles] THIS ARTICLE AND ARTICLE four [and twelve-B] of this chapter
and with grants made available by the federal government pursuant to the
federal aid highway act of nineteen hundred forty-four, being public law
five hundred twenty-one of the seventy-eighth congress, chapter six
hundred twenty-six, second session, as approved on the twentieth day of
December, nineteen hundred forty-four. Such agreement may provide that
the state shall pay annually to such city a sum to be computed at the
rate of (a) not more than [eighty-five] ONE DOLLAR AND EIGHTY-SEVEN
cents per square yard of the pavement area that is included in the state
highway system according to the provisions of this section, and (b) an
additional [ten] TWENTY cents per square yard of such pavement area
where such pavement area is located on any elevated bridge, SUCH RATE
SHALL BE INCREASED IN EACH YEAR OF THE AGREEMENT BY THE PERCENTAGE
CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW
YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA, AS PUBLISHED BY THE
UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, OVER THE
PRIOR FIVE YEARS.
§ 3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
PART TTT
Section 1. Subdivision (a) of section 1640 of the vehicle and traffic
law is amended by adding a new paragraph 23 to read as follows:
23. ESTABLISH SCRAMBLE CROSSWALKS IN CITIES OF TWO HUNDRED FIFTY THOU-
SAND OR MORE LEADING TO AND FROM SCHOOL BUILDINGS DURING TIMES OF
STUDENT ARRIVAL AND DISMISSAL. SUCH SCRAMBLE CROSSWALKS SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE FOLLOWING REQUIREMENTS:
(I) SCRAMBLE CROSSWALKS SHALL OPERATE ON WEEKDAYS BETWEEN 8:00 A.M.
AND 4:00 P.M.;
(II) PEDESTRIANS SHALL WAIT UNTIL A PEDESTRIAN-CONTROL SIGNAL INDI-
CATES A SIGN TO WALK;
(III) VEHICLES SHALL NOT TURN RIGHT AT THE INTERSECTION WHILE THE
TRAFFIC SIGNAL INDICATES A RED LIGHT;
(IV) BICYCLISTS MAY PROCEED WITH PEDESTRIANS WHEN A PEDESTRIAN-CONTROL
SIGNAL INDICATES A SIGN TO WALK, PROVIDED HOWEVER, SUCH BICYCLISTS SHALL
YIELD THE RIGHT OF WAY TO ALL PEDESTRIANS IN THE INTERSECTION;
(V) BICYCLISTS MAY PROCEED WITH VEHICULAR TRAFFIC WHILE THE TRAFFIC
SIGNAL INDICATES A GREEN LIGHT; AND
(VI) SIGNS SHALL BE ERECTED AT SUCH INTERSECTIONS WITH A SCRAMBLE
CROSSWALK INDICATING THAT NO PERSON SHALL ENTER THE INTERSECTION UNLESS
A PEDESTRIAN-CONTROL SIGNAL INDICATES THAT ALL PEDESTRIANS MAY WALK.
FOR THE PURPOSES OF THIS PARAGRAPH, "SCRAMBLE CROSSWALK" MEANS A
CROSSWALK WITH A TRAFFIC SIGNAL WHICH TEMPORARILY STOPS ALL VEHICULAR
TRAFFIC WHILE A PEDESTRIAN-CONTROL SIGNAL INDICATES THAT ALL PEDESTRIANS
AT THE INTERSECTION SHALL CROSS THE INTERSECTION AT THE SAME TIME.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART UUU
S. 4008--B 174
Section 1. Short title. This act shall be known as the "Long Island
Rail Road Fare Act".
§ 2. Legislative findings. The New York state legislature has found
that on the weekends the Long Island Rail Road, a subsidiary of the
Metropolitan Transportation Authority, provides reduced fare between the
hours of 12:01 AM Saturday until 11:59 AM Sunday at certain station
locations. Passengers traveling to and from locations within New York
city should not forfeit their enjoyment of such reduced fare because
their train happens to pass through Nassau county.
§ 3. Section 1266 of the public authorities law is amended by adding
a new subdivision 14-a to read as follows:
14-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
CONTRACT, THE LONG ISLAND RAIL ROAD SHALL INCLUDE FAR ROCKAWAY STATION
IN ITS NEW YORK CITY WEEKEND REDUCED FARE PROGRAM. SUCH STATION SHALL
ENJOY THE SAME BENEFITS AS ALL OTHER STATIONS INCLUDED IN SUCH PROGRAM.
§ 4. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
PART VVV
Section 1. The public authorities law is amended by adding a new
section 378-b to read as follows:
§ 378-B. E-ZPASS AVAILABILITY. 1. IF THE AUTHORITY SHALL VOTE TO
INCREASE ANY FEES, RENTALS OR CHARGES FOR THE USE OF THE THRUWAY OR ANY
PART THEREOF PURSUANT TO SUBDIVISION EIGHT OF SECTION THREE HUNDRED
FIFTY-FOUR OF THIS TITLE FOR CASH OR USERS WHO DO NOT USE E-ZPASS TO PAY
SUCH FEES, RENTALS OR CHARGES, THE REQUIREMENT TO MAKE A DEPOSIT OWED TO
SECURE A NEW E-ZPASS TRANSPONDER SHALL BE WAIVED FOR A PERIOD OF NO LESS
THAN SIXTY DAYS FROM THE LATER OF THE DATE OF SUCH VOTE OR THE DATE THAT
THE INCREASE TAKES EFFECT.
2. ANY RETAIL LOCATION IN THE STATE WHICH SELLS E-ZPASS SHALL BE
REQUIRED TO ACCEPT CASH PAYMENT AS A VALID METHOD TO PURCHASE AN E-ZPASS
OR FOR E-ZPASS HOLDERS TO RELOAD THEIR E-ZPASS TRANSPONDER.
3. FOR PURPOSES OF THIS SECTION, "E-ZPASS" AND "E-ZPASS TRANSPONDER"
SHALL MEAN A RECEIVER-TRANSMITTER ISSUED BY THE 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 AUTHORITY.
§ 2. This act shall take effect immediately, provided however, that
subdivision 2 of section 378-b of the public authorities law as added by
section one of 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 WWW
Section 1. Subdivisions 3 and 4 of section 311 of the executive law,
subdivision 3 as added by chapter 261 of the laws of 1988, paragraphs
(d) and (e) of subdivision 3 as amended by chapter 55 of the laws of
1992, paragraphs (f), (h), (i), (j), (k), (l) and (m) as amended by
chapter 40 of the laws of 2023, the opening paragraph of subdivision 4
as amended and paragraph (d-1) of subdivision 3 and paragraphs (d) and
(e) of subdivision 4 as added by chapter 96 of the laws of 2019, para-
graph (g) of subdivision 3 as amended by section 1 of part BB of chapter
S. 4008--B 175
59 of the laws of 2006, and subdivision 4 as amended by chapter 361 of
the laws of 2009, are amended to read as follows:
3. The director shall have the following powers and duties:
(a) to encourage and assist contracting agencies in their efforts to
increase participation by minority and women-owned business enterprises
on state contracts and subcontracts [so as] to facilitate the award of a
fair share of such contracts to them AND TO PROVIDE ON THE DIVISION'S
WEBSITE A LIST OF EACH CONTRACTING AGENCY'S MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES CERTIFICATION OUTREACH SEMINARS;
(b) to develop standardized forms and reporting documents necessary to
implement this article;
(c) to conduct educational OUTREACH programs TO ENCOURAGE THE CERTIF-
ICATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES consistent with
the purposes of this article;
(d) to review [periodically] QUARTERLY the practices and procedures of
each contracting agency with respect to compliance with the provisions
of this article, and to require them to file [periodic] QUARTERLY
reports with the division of minority and women's business development
as to the level of minority and women-owned business enterprises partic-
ipation in the awarding of agency contracts for goods and services
INCLUDING BUT NOT LIMITED TO THE NUMBER OF STATE CONTRACTS AWARDED TO
CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, THE MAXIMUM
DOLLAR AMOUNT OBLIGATED PURSUANT TO ALL THOSE CONTRACTS, AND THE TOTAL
EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; THE NUMBER OF STATE
CONTRACTS AWARDED WHICH INCLUDE A UTILIZATION PLAN FOR BUSINESS PARTIC-
IPATION BY CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, THE
MAXIMUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS, AND THE TOTAL
EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; THE NUMBER OF STATE
CONTRACTS AWARDED UPON WHICH A WAIVER WAS GRANTED FROM GOALS REQUIRED BY
THE CONTRACTS FOR BUSINESS PARTICIPATION BY CERTIFIED MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES, AND THE MAXIMUM AMOUNT OBLIGATED
PURSUANT TO THOSE CONTRACTS; THE NUMBER OF STATE CONTRACTS AWARDED WHICH
REQUIRED GOALS FOR EMPLOYMENT OF MINORITY GROUP MEMBERS AND WOMEN; AND
THE NUMBER OF STATE CONTRACTS AWARDED FOR WHICH WAIVERS OF EMPLOYMENT
GOALS REQUIRED BY THE CONTRACTS HAVE BEEN GRANTED;
(d-1) to require all contracting state agencies to develop a four-year
growth plan to determine a means of promoting and increasing partic-
ipation by [minority-owned] MINORITY and women-owned business enter-
prises with respect to state contracts and subcontracts. Every four
years, beginning September fifteenth, two thousand twenty, each
contracting state agency shall submit a four-year growth plan as part of
its annual report to the governor and legislature pursuant to section
one hundred sixty-four of this chapter.
(e) on January first of each year report to the governor, THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
LEADERS OF THE SENATE AND THE ASSEMBLY, and the chairpersons of the
senate finance and assembly ways and means committees on the [level]
ACTUAL VERSUS PROJECTED LEVELS of minority and women-owned business
enterprises participating in each agency's contracts for goods [and],
services AND CONSTRUCTION, INCLUDING BUT NOT LIMITED TO THE NUMBER OF
STATE CONTRACTS AWARDED TO CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISES, THE MAXIMUM DOLLAR AMOUNT OBLIGATED PURSUANT TO ALL THOSE
CONTRACTS, AND THE TOTAL EXPENDITURES MADE PURSUANT TO ALL SUCH
CONTRACTS, and on activities of the office and effort by each contract-
ing agency to promote employment of minority group members and women,
and to promote and increase participation by certified businesses with
S. 4008--B 176
respect to state contracts and subcontracts so as to facilitate the
award of a fair share of state contracts to such businesses. The comp-
troller shall assist the division in collecting information on the
participation of certified business for each contracting agency. Such
report may recommend new activities and programs to effectuate the
purposes of this article;
(f) THE DIRECTOR SHALL LIST IN THE DIVISION'S ANNUAL REPORT THE NAMES
OF NON-COMPLIANT AGENCIES AND THE EXTENT OF THEIR NONCOMPLIANCE IN
SUBMITTING ITS QUARTERLY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
UTILIZATION REPORTS; AND, SHALL IMPLEMENT A MASTER LIST OF ALL THE STATE
AGENCIES REQUIRED TO FILE QUARTERLY COMPLIANCE REPORTS AND SHALL ATTACH
SUCH LIST TO THE DIVISION'S ANNUAL REPORT.
(G) to prepare and update[, no less than annually,] QUARTERLY a direc-
tory of certified minority and women-owned business enterprises which
shall, wherever practicable, (i) make publicly available records of all
certifications and recertifications, (ii) be divided into categories of
labor, services, supplies, equipment, materials and recognized
construction trades, [and] (iii) indicate areas or locations of the
state where such enterprises are available to perform services, AND (IV)
PROVIDE FOR SUCH ENTERPRISES TO ACCESS CONTRACT AND SUBCONTRACT OPPOR-
TUNITIES;
[(g)] (H) to appoint independent hearing officers who by contract or
terms of employment shall preside over adjudicatory hearings pursuant to
section three hundred fourteen of this article for the office and who
are assigned no other work by the office;
[(h)] (I) to make publicly available on the division's website records
of all revocations of certification for convictions for fraudulently
misrepresenting the status of minority or women-owned business enter-
prises or for evidence of fraudulent conduct with regard to partic-
ipation of a minority or women-owned business enterprise in the perform-
ance of state contracts and the reasoning for such revocations after a
final determination has been made, provided that information falling
into the categories enumerated in paragraphs (a) through (j) of subdivi-
sion two of section eighty-seven of the public officers law shall be
withheld;
[(i)] (J) notwithstanding the provisions of section two hundred nine-
ty-six of this chapter, to file a complaint pursuant to the provisions
of section two hundred ninety-seven of this chapter where the director
has knowledge that a contractor may have violated the provisions of
paragraph (a), (b) or (c) of subdivision one of section two hundred
ninety-six of this chapter where such violation is unrelated, separate
or distinct from the state contract as expressed by its terms;
[(j)] (K) to streamline the state certification process to accept
federal and municipal corporation certifications;
[(k)] (L) to make publicly available on the division's website records
of all waivers of compliance reported pursuant to paragraph (b) of
subdivision six of section three hundred thirteen of this article,
including the reasoning for denial of such waivers after a final deter-
mination has been made, provided that information falling into the cate-
gories enumerated in paragraphs (a) through (j) of subdivision two of
section eighty-seven of the public officers law shall be withheld;
[(l)] (M) to work in conjunction with the industrial commissioner
pursuant to paragraph (j) of subdivision one of section eight hundred
eleven of the labor law to assist contractors in identifying minority
group members and women who are participating in apprenticeship agree-
ments under article twenty-three of the labor law; and
S. 4008--B 177
[(m)] (N) to coordinate with appropriate offices, agencies, or author-
ities, where applicable, to conduct site visits or perform inspections
of financial records of minority or women-owned business enterprises in
accordance with this article and the regulations of the director.
4. The director shall provide assistance to, and facilitate access to
programs serving certified businesses as well as applicants to ensure
that such businesses benefit, as needed, from technical, managerial and
financial, and general business assistance; training; marketing; organ-
ization and personnel skill development; project management assistance;
technology assistance; bond and insurance education assistance; and
other business development assistance. The director shall maintain a
toll-free number at the department of economic development to be used to
answer questions concerning the MWBE certification process. In addition,
the director [may] SHALL, either independently or in conjunction with
other state agencies:
(a) develop a clearinghouse of information on programs and services
provided by entities that may assist such businesses;
(b) review bonding and paperwork requirements imposed by contracting
agencies that may unnecessarily impede the ability of such businesses to
compete; and
(c) seek to maximize utilization by minority and women-owned business
enterprises of available federal resources including but not limited to
federal grants, loans, loan guarantees, surety bonding guarantees, tech-
nical assistance, and programs and services of the federal small busi-
ness administration.
(d) conduct outreach events, training workshops, seminars, and other
such educational programs throughout the state, including all regional
offices, to state agencies, external stakeholders, and the public, to
promote awareness and utilization of minority and women-owned business
enterprises; and
(e) identify and establish mentorship opportunities and other business
development programs to increase capacity and better prepare MWBEs for
bidding on contracts with state agencies upon successful completion of
the mentorship opportunity. Such mentorship opportunities shall be
intended to ensure that mentor and mentee are connected based on a
commercially useful function.
§ 2. Subdivision 5 of section 312 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
5. The director shall promulgate rules and regulations to ensure that
contractors and subcontractors undertake programs of affirmative action
and equal employment opportunity as required by this section. Such rules
and regulations as they pertain to any particular agency shall be devel-
oped after consultation with contracting agencies. Such rules and regu-
lations [may] SHALL require a contractor, after notice in a bid solic-
itation, to submit an equal employment opportunity program [after bid
opening and prior to the award of any contract] AT THE TIME BIDS ARE
SUBMITTED, and [may] SHALL require the contractor or subcontractor to
submit compliance reports relating to the contractor's or subcontrac-
tor's operation and implementation of any equal employment opportunity
program in effect as of the date the contract is executed. The contract-
ing agency [may recommend to the director that] SHALL HAVE THE RIGHT TO
RECOMMEND THAT the director take appropriate action according to the
procedures set forth in section three hundred sixteen of this article
against the contractor for noncompliance with the requirements of this
section. The contracting agency shall be responsible for monitoring
compliance with this section.
S. 4008--B 178
§ 3. Paragraph (j) of subdivision 2-a of section 313 of the executive
law, as amended by chapter 96 of the laws of 2019, is amended and a new
paragraph (k) is added to read as follows:
(j) require each agency to consult the most current disparity study
when calculating agency-wide and contract specific participation goals
pursuant to this article; [and]
(K) ENCOURAGE JOINT VENTURES, PARTNERSHIPS, AND MENTOR-PROTEGE
RELATIONSHIPS AS DEFINED IN SECTION ONE HUNDRED FORTY-SEVEN OF THE STATE
FINANCE LAW, BETWEEN PRIME CONTRACTORS AND MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES; AND
§ 4. Subdivision 3 and paragraph (a) of subdivision 5 of section 313
of the executive law, subdivision 3 as amended by chapter 96 of the laws
of 2019, and paragraph (a) of subdivision 5 as amended by chapter 40 of
the laws of 2023, are amended to read as follows:
3. Solely for the purpose of providing the opportunity for [meaning-
ful] INCREASED participation by certified businesses in the performance
of state contracts as provided in this section, state contracts shall
include leases of real property by a state agency to a lessee where: the
terms of such leases provide for the construction, demolition, replace-
ment, major repair or renovation of real property and improvements ther-
eon by such lessee; and the cost of such construction, demolition,
replacement, major repair or renovation of real property and improve-
ments thereon shall exceed the sum of one hundred thousand dollars.
Reports to the director pursuant to section three hundred fifteen of
this article shall include activities with respect to all such state
contracts. Contracting agencies shall include or require to be included
with respect to state contracts for the acquisition, construction, demo-
lition, replacement, major repair or renovation of real property and
improvements thereon, such provisions as [may] SHALL be necessary to
effectuate the provisions of this section in every bid specification and
state contract, including, but not limited to: (a) provisions requiring
contractors to make a good faith effort to solicit active participation
by enterprises identified in the directory of certified businesses; (b)
requiring the parties to agree as a condition of entering into such
contract, to be bound by the provisions of section three hundred sixteen
of this article; and (c) requiring the contractor to include the
provisions set forth in paragraphs (a) and (b) of this subdivision in
every subcontract in a manner that the provisions will be binding upon
each subcontractor as to work in connection with such contract.
Provided, however, that no such provisions shall be binding upon
contractors or subcontractors in the performance of work or the
provision of services that are unrelated, separate or distinct from the
state contract as expressed by its terms, and nothing in this section
shall authorize the director or any contracting agency to impose any
requirement on a contractor or subcontractor except with respect to a
state contract.
(a) Contracting agencies shall administer the rules and regulations
promulgated by the director in a good faith effort to achieve the maxi-
mum feasible participation by minority and women owned business enter-
prises adopted pursuant to this article and the regulations of the
director. Such rules and regulations: shall require a contractor to
submit a utilization plan [after bids are opened] AT THE TIME BIDS ARE
SUBMITTED, when bids are required[, but prior to the award of a state
contract]; shall require the contracting agency to review the utiliza-
tion plan submitted by the contractor and to post the utilization plan
and any waivers of compliance issued pursuant to subdivision six of this
S. 4008--B 179
section on the website of the contracting agency; shall require the
contracting agency to notify the contractor in writing within a period
of time specified by the director as to any deficiencies contained in
the contractor's utilization plan; shall require remedy thereof within a
period of time specified by the director; shall require the contractor
to submit QUARTERLY compliance reports relating to the operation and
implementation of any utilization plan; shall not allow any automatic
waivers but shall allow a contractor to apply for a partial or total
waiver of the minority and women-owned business enterprise participation
requirements pursuant to subdivisions six and seven of this section;
shall allow a contractor to file a complaint with the director pursuant
to subdivision eight of this section in the event a contracting agency
has failed or refused to issue a waiver of the minority and women-owned
business enterprise participation requirements or has denied such
request for a waiver; and shall allow a contracting agency to file a
complaint with the director pursuant to subdivision nine of this section
in the event a contractor is failing or has failed to comply with the
minority and women-owned business enterprise participation requirements
set forth in the state contract where no waiver has been granted.
§ 5. Subdivisions 1, 2-a and 3 of section 315 of the executive law,
subdivisions 1 and 3 as amended and subdivision 2-a as added by chapter
96 of the laws of 2019, are amended and two new subdivisions 3-a and 8
are added to read as follows:
1. Each contracting agency shall be responsible for monitoring state
contracts under its jurisdiction, and recommending matters to the office
respecting non-compliance with the provisions of this article so that
the office [may] SHALL take such action as [is appropriate] STATED IN
SUBDIVISION THREE OF SECTION THREE HUNDRED SIXTEEN OF THIS ARTICLE. EACH
CONTRACTING AGENCY SHALL HAVE THE RIGHT TO RECOMMEND THAT THE DIRECTOR
IMPOSE A SANCTION, PENALTY, OR FINE FOR THREE OR MORE VIOLATIONS OF
SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTEEN OF THIS ARTICLE, to
ensure compliance with the provisions of this article, the rules and
regulations of the director issued hereunder and the contractual
provisions required pursuant to this article. All contracting agencies
shall comply with the rules and regulations of the office and are
directed to cooperate with the office and to furnish to the office such
information and assistance as may be required in the performance of its
functions under this article.
2-a. [To the extent practicable, upon completion of the restrictive
period of a procurement, each] EACH contracting agency when notifying a
contractor of a winning bid award shall also notify any minority or
women-owned business enterprise identified in the contractor's submitted
utilization plan of such contractor's receipt of the winning bid award.
3. Each contracting agency shall report to THE COMMISSIONER OF ECONOM-
IC DEVELOPMENT, THE COMMISSIONER OF GENERAL SERVICES AND the director
with respect to activities undertaken to promote employment of minority
group members and women and promote and increase participation by certi-
fied businesses with respect to state contracts and subcontracts. Such
reports shall be submitted [no later than May fifteenth of every year]
QUARTERLY and shall include such information as is necessary for the
director to determine whether the contracting agency and any contractor
to the contracting agency have complied with the purposes of this arti-
cle, including, without limitation, THE NUMBER OF STATE CONTRACTS
AWARDED TO CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES; THE
MAXIMUM DOLLAR AMOUNT OBLIGATED PURSUANT TO ALL THOSE CONTRACTS; AND THE
TOTAL EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; THE NUMBER OF
S. 4008--B 180
STATE CONTRACTS AWARDED WHICH INCLUDE A UTILIZATION PLAN FOR BUSINESS
PARTICIPATION BY CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES,
THE MAXIMUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS, AND THE TOTAL
EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; a summary of all waiv-
ers of the requirements of subdivisions six and seven of section three
hundred thirteen of this article allowed by the contracting agency
during the period covered by the report, including a description of the
basis of the waiver request [and], the rationale for granting any such
waiver, THE MAXIMUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS; THE
NUMBER OF STATE CONTRACTS AWARDED WHICH REQUIRED GOALS FOR EMPLOYMENT OF
MINORITY GROUP MEMBERS AND WOMEN; THE NUMBER OF STATE CONTRACTS AWARDED
FOR WHICH WAIVERS OF EMPLOYMENT GOALS REQUIRED BY THE CONTRACTS HAVE
BEEN GRANTED, and any instances in which the contract agency has deemed
a contractor to have committed a violation pursuant to section three
hundred sixteen of this article and such other information as the direc-
tor shall require. Each agency shall also include in such annual report
whether or not it has been required to prepare a remedial plan, and, if
so, the plan and the extent to which the agency has complied with each
element of the plan.
3-A. WITHIN THIRTY DAYS AFTER COMPLETION, A COPY OF THE QUARTERLY
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE REPORT SHALL BE TRANSMITTED
TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF GENERAL
SERVICES, AND THE DIRECTOR. A CONTRACTING AGENCY, WHICH HAS NOT LET MORE
THAN TWO MILLION DOLLARS IN SERVICE AND/OR CONSTRUCTION CONTRACTS WITHIN
THE APPLICABLE PERIOD MAY APPLY TO THE COMMISSIONER OF ECONOMIC DEVELOP-
MENT, AND THE DIRECTOR FOR A WAIVER OF THE REQUIRED ANNUAL REPORT. THE
WAIVER APPLICATION SHALL BE MADE ON SUCH FORM AS THE COMMISSIONER OF
ECONOMIC DEVELOPMENT AND THE DIRECTOR MAY PRESCRIBE.
8. IF A CONTRACTING AGENCY SHALL FAIL TO FILE OR SUBSTANTIALLY
COMPLETE, AS DETERMINED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND
THE DIRECTOR, THE REPORT REQUIRED BY THIS SECTION, THE DIRECTOR SHALL
PROVIDE NOTICE TO THE CONTRACTING AGENCY. THE NOTICE SHALL STATE THE
FOLLOWING:
(A) THAT THE FAILURE TO FILE A REPORT AS REQUIRED IS A VIOLATION OF
THIS SECTION, OR IN THE CASE OF AN INSUFFICIENT REPORT, THE MANNER IN
WHICH THE REPORT SUBMITTED IS DEFICIENT;
(B) THAT THE CONTRACTING AGENCY HAS THIRTY DAYS TO COMPLY WITH THIS
SECTION OR PROVIDE AN ADEQUATE WRITTEN EXPLANATION TO THE COMMISSIONER
OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF GENERAL SERVICES AND THE
DIRECTOR OF THE CONTRACTING AGENCY'S REASONS FOR THE INABILITY TO
COMPLY; AND
(C) THAT THE CONTRACTING AGENCY'S CONTINUED FAILURE TO PROVIDE EITHER
THE REQUIRED REPORT OR AN ADEQUATE EXPLANATION WILL RESULT IN AN INDE-
PENDENT AUDIT OF THE CONTRACTING AGENCY, THE COST OF WHICH SHALL BE
BORNE BY THE CONTRACTING AGENCY.
§ 6. Section 316 of the executive law, as amended by chapter 567 of
the laws of 2022, is amended to read as follows:
§ 316. [Enforcement] VIOLATIONS AND ENFORCEMENT. 1. IT SHALL BE A
VIOLATION FOR ANY PERSON OR ENTITY TO:
(A) INTENTIONALLY USE OR ACQUIRE AN MWBE NAME THROUGH DECEIT OR OTHER
DISHONEST MEANS IN ORDER TO NEGOTIATE A LOWER BID FROM A NON-MWBE.
(B) SUBMIT TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT, DOCUMENTS OR
OTHER MATERIAL AS EVIDENCE OF A GOOD FAITH EFFORT TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE WITHOUT, IN FACT, HAVING ENTERED INTO ANY
CONTRACT, AGREEMENT, SUBCONTRACT, OR SUB-AGREEMENT WITH AN MWBE FOR THE
S. 4008--B 181
USE OR PURCHASE OF SUCH BUSINESS ENTERPRISE'S GOODS OR SERVICES IN THE
PERFORMANCE OF THE AWARDED STATE CONTRACT.
(C) FAIL TO PROVIDE AN MWBE WITH SUFFICIENT INFORMATION OR OTHER
REQUIRED SUPPORTING DOCUMENTATION IN ORDER FOR THE MWBE TO PREPARE A
PROPER BID.
2. Upon receipt by the director of a complaint by a contracting agency
that a contractor has violated the provisions of a state contract which
have been included to comply with the provisions of this article or of a
contractor that a contracting agency has violated such provisions or has
failed or refused to issue a waiver where one has been applied for
pursuant to subdivision six of section three hundred thirteen of this
article or has denied such application, the director shall attempt to
resolve the matter giving rise to such complaint. If efforts to resolve
such matter to the satisfaction of all parties are unsuccessful, the
director shall refer the matter, within thirty days of the receipt of
the complaint, to the division's hearing officers. Upon conclusion of
the administrative hearing, the hearing officer shall submit to the
director his or her decision regarding the alleged violation of the
contract and recommendations regarding the imposition of sanctions,
fines or penalties. The director, within ten days of receipt of the
decision, shall file a determination of such matter and shall cause a
copy of such determination along with a copy of this article to be
served upon the contractor by personal service or by certified mail
return receipt requested. The decision of the hearing officer shall be
final and may only be vacated or modified as provided in article seven-
ty-eight of the civil practice law and rules upon an application made
within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of the civil practice
law and rules. The penalties imposed for any violation which is premised
upon either a fraudulent or intentional misrepresentation by the
contractor or the contractor's willful and intentional disregard of the
minority and women-owned participation requirement included in the
contract may include a determination that the contractor shall be ineli-
gible to submit a bid to any contracting agency or be awarded any such
contract for a period not to exceed one year following the final deter-
mination; provided however, if a contractor has previously been deter-
mined to be ineligible to submit a bid pursuant to this section, the
penalties imposed for any subsequent violation, if such violation occurs
within five years of the first violation, may include a determination
that the contractor shall be ineligible to submit a bid to any contract-
ing agency or be awarded any such contract for a period not to exceed
five years following the final determination. The division of minority
and women's business development shall maintain a website listing all
contractors that have been deemed ineligible to submit a bid pursuant to
this section and the date after which each contractor shall once again
become eligible to submit bids.
[2.] 3. THE DIRECTOR SHALL IMPOSE A SANCTION, PENALTY, OR FINE ON ANY
INDIVIDUAL OR ENTITY THAT HAS THREE OR MORE VIOLATIONS OF THIS ARTICLE
WITHIN FIVE YEARS. Any fines, or portion thereof, imposed pursuant to
[the foregoing subdivision] THIS SECTION, or imposed by a court of
competent jurisdiction related to convictions involving fraud related to
this article or otherwise involving a minority or women-owned business
enterprise, [may] SHALL be required by the entity imposing such fines to
be paid to the minority and women-owned business enterprise fund estab-
lished pursuant to section ninety-seven-k of the state finance law.
S. 4008--B 182
SUCH FUNDS SHALL BE USED TO SUBSIDIZE THE FACILITATION OF THE PROVISIONS
OF THIS ARTICLE. OTHER SANCTIONS SHALL INCLUDE BARRING SUCH ENTITY OR
INDIVIDUAL FROM CONTRACTING WITH SUCH AGENCY FOR A PERIOD NOT TO EXCEED
FIVE YEARS.
§ 7. Subdivision 1 of section 137 of the state finance law, as sepa-
rately amended by section 17 of part MM of chapter 57 and chapter 619 of
the laws of 2008, is amended to read as follows:
1. In addition to other bond or bonds, if any, required by law for the
completion of a work specified in a contract for the prosecution of a
public improvement for the state of New York a municipal corporation, a
public benefit corporation or a commission appointed pursuant to law, or
in the absence of any such requirement, the comptroller may or the other
appropriate official, respectively, shall nevertheless require prior to
the approval of any such contract a bond guaranteeing prompt payment of
moneys due to all persons furnishing labor or materials to the contrac-
tor or any subcontractors in the prosecution of the work provided for in
such contract. Whenever a municipal corporation issues a permit subject
to compliance with section two hundred twenty of the labor law, such
permittee or its contractor or subcontractors furnishing workers shall
post a payment bond subject to this section. Provided, however, that all
performance bonds and payment bonds may, at the discretion of the head
of the state agency, public benefit corporation or commission, or his or
her designee, be dispensed with for the completion of a work specified
in a contract for the prosecution of a public improvement for the state
of New York for which bids are solicited where the aggregate amount of
the contract is under one hundred thousand dollars and provided further,
that in a case where the contract is not subject to the multiple
contract award requirements of section one hundred thirty-five of this
article, such requirements may be dispensed with where the head of the
state agency, public benefit corporation or commission finds it to be in
the public interest and where the aggregate amount of the contract
awarded or to be awarded is less than two hundred thousand dollars. IN A
CASE WHERE A CONTRACT IS AWARDED TO A SMALL BUSINESS CONCERN OR TO A
MINORITY OR WOMEN-OWNED BUSINESS CONCERN, ALL PERFORMANCE BONDS AND
PAYMENT BONDS MAY BE DISPENSED WITH WHEN THE AGGREGATE AMOUNT OF THE
CONTRACT IS UNDER FIVE HUNDRED THOUSAND DOLLARS. ADVERTISEMENTS FOR BIDS
SHALL PROVIDE INFORMATION AS TO THE REQUIREMENTS FOR, OR DISPENSATION
OF, PERFORMANCE AND PAYMENT BONDS. Provided further, that in a case
where a performance or payment bond is dispensed with, twenty per centum
may be retained from each progress payment or estimate until the entire
contract work has been completed and accepted, at which time the head of
the state agency, public benefit corporation or commission shall, pend-
ing the payment of the final estimate, pay not to exceed seventy-five
per centum of the amount of the retained percentage.
§ 8. Subdivision 4 of section 139-f of the state finance law, as
amended by chapter 83 of the laws of 1995, is amended to read as
follows:
4. Notwithstanding any other provision of this section or other law,
requirements for the furnishing of a performance bond or a payment bond
may be dispensed with at the discretion of the head of the state agency
or corporation, or his or her designee, where the public owner is a
state agency or corporation described in subdivision one-a of this
section and the aggregate amount of the contract awarded or to be
awarded is under fifty thousand dollars and, in a case where the
contract is not subject to the multiple contract award requirements of
section one hundred thirty-five of this article, such requirements may
S. 4008--B 183
be dispensed with where the head of the state agency or corporation
finds it to be in the public interest and where the aggregate amount of
the contract awarded or to be awarded is under two hundred thousand
dollars. IN A CASE WHERE A CONTRACT IS AWARDED TO A SMALL BUSINESS
CONCERN OR TO A MINORITY OR WOMEN-OWNED BUSINESS CONCERN, ALL PERFORM-
ANCE BONDS AND PAYMENT BONDS MAY BE DISPENSED WITH WHEN THE AGGREGATE
AMOUNT OF THE CONTRACT IS UNDER FIVE HUNDRED THOUSAND DOLLARS. ADVER-
TISEMENTS FOR PROPOSALS SHALL PROVIDE INFORMATION AS TO THE REQUIREMENTS
FOR, OR DISPENSATION OF, PERFORMANCE AND PAYMENT BONDS. Provided
further, that in a case where a performance or payment bond is dispensed
with, twenty per centum may be retained from each progress payment or
estimate until the entire contract work has been completed and accepted,
at which time the head of the state agency or corporation shall, pending
the payment of the final estimate, pay not to exceed seventy-five per
centum of the amount of the retained percentage.
§ 9. The opening paragraph of section 139-g of the state finance law,
as amended by chapter 636 of the laws of 2003, is amended to read as
follows:
In every state agency, department and authority which has let more
than two million dollars in service and construction contracts AND STATE
ASSISTED PROJECT CONTRACTS in the prior fiscal year, the chief executive
officer of that agency, department or authority shall, with respect to
those contracts AND STATE ASSISTED PROJECT CONTRACTS let by his OR HER
agency, department or authority:
§ 10. The opening paragraph of subdivision (b) of section 139-g of the
state finance law, as amended by chapter 636 of the laws of 2003, is
amended to read as follows:
identify all small-business and certified women and minority-owned
business concerns which, in the judgment of the chief executive officer
of that agency, department or authority, can bid on those contracts AND
STATE ASSISTED PROJECT CONTRACTS which are usually and customarily let
by that agency, department or authority, OR IN WHICH THAT AUTHORITY
PROVIDES A GRANT OR LOAN OR TAX EXEMPT FINANCING, with a reasonable
expectation of success. Such chief executive officers shall carry out
the provisions of this subdivision:
§ 11. Section 139-g of the state finance law is amended by adding a
new subdivision (e) to read as follows:
(E) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "STATE ASSISTED PROJECT CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT
ARISING OUT OF A STATE ASSISTED HOUSING PROJECT OR STATE ASSISTED
ECONOMIC DEVELOPMENT PROJECT OR STATE ASSISTED HIGHER EDUCATION PROJECT
OR STATE ASSISTED HOSPITAL OR HEALTH CARE FACILITY PROJECT, FOR WHICH
THE TOTAL PROJECT COST EXCEEDS TWO MILLION DOLLARS AND FOR WHICH THE
PROJECT OWNER IS COMMITTED TO SPEND OR DOES EXPEND FUNDS FOR THE ACQUI-
SITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR, OR RENO-
VATION OF REAL PROPERTY AND IMPROVEMENTS THEREON FOR SUCH PROJECT.
(II) "STATE ASSISTED HOUSING PROJECT" SHALL MEAN THOSE PROJECTS WHICH
RECEIVE FROM THE NEW YORK STATE HOUSING FINANCE AGENCY TAX-EXEMPT
FINANCING FOR ALL OR PART OF THE TOTAL PROJECT COST.
(III) "STATE ASSISTED ECONOMIC DEVELOPMENT PROJECT" SHALL MEAN THOSE
PROJECTS WHICH RECEIVE FROM THE NEW YORK FOUNDATION OF SCIENCE TECHNOLO-
GY AND INNOVATION, OR THE URBAN DEVELOPMENT CORPORATION AND ITS SUBSID-
IARIES A GRANT OR LOAN OR TAX-EXEMPT FINANCING FOR ALL OR PART OF THE
TOTAL PROJECT COST.
S. 4008--B 184
(IV) "STATE ASSISTED HIGHER EDUCATION PROJECT" SHALL MEAN THOSE
PROJECTS WHICH RECEIVE FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK A GRANT OR LOAN OR TAX-EXEMPT FINANCING FOR ALL OR PART OF THE
TOTAL PROJECT COST.
(V) "STATE ASSISTED HOSPITAL OR HEALTH CARE FACILITY PROJECT" SHALL
MEAN THOSE PROJECTS WHICH RECEIVE FROM THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK A GRANT OR LOAN OR TAX-EXEMPT FINANCING FOR ALL OR
PART OF THE TOTAL PROJECT COST.
§ 12. This act shall take effect immediately, provided however, that
if chapter 40 of the laws of 2023 shall not have taken effect on or
before such date then sections one and four of this act shall take
effect on the same date and in the same manner as such chapter of the
laws of 2023 takes effect; provided further, the amendments to article
15-A of the executive law made by sections one, two, three, four, five
and six of this act shall not affect the repeal of such article and
shall be deemed repealed therewith.
PART XXX
Section 1. The public authorities law is amended by adding a new
section 8 to read as follows:
§ 8. LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND ECONOMIC DEVELOPMENT
BENEFITS DATABASE. (1) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN:
(I) FUNDS MADE AVAILABLE BY A LOCAL AUTHORITY, INCLUDING WITHOUT LIMI-
TATION ANY ENTITY CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN
HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC
DEVELOPMENT, OR JOB CREATION PURPOSES INCLUDING, BUT NOT LIMITED TO,
GRANTS, LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, AND SUBSIDIES;
AND
(II) TAX CREDITS, TAX EXEMPTIONS, REDUCED TAX RATES OR OTHER TAX
INCENTIVES WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY OR ON
BEHALF OF A LOCAL AUTHORITY, INCLUDING WITHOUT LIMITATION ANY ENTITY
CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC DEVELOPMENT.
(B) "ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE
ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE TO THE LOCAL AUTHORITY,
INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSUANT TO
SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW,
BY A STATE ENTITY TO AWARD SUCH BENEFITS TO QUALIFIED RECIPIENTS.
(C) "QUALIFIED PARTICIPANT" SHALL MEAN A PERSON, BUSINESS, LIMITED
LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND
RECEIVED BENEFITS AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(D) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE, WHICH IS
EQUAL TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION.
(E) "PROJECT HIRES" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
(F) "PART-TIME JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS
EMPLOYED BY A QUALIFIED PARTICIPANT FOR LESS THAN THIRTY-FIVE HOURS A
WEEK.
(G) "THE OFFICE" SHALL MEAN THE AUTHORITIES BUDGET OFFICE.
(I) "THE DATABASE" OR "THE SEARCHABLE DATABASE" SHALL MEAN THE DATA-
BASE CREATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(J) "THE PROJECT" SHALL MEAN SPECIFIC WORK, ACTION, ENDEAVOR, CONTRACT
OR AGREEMENT FOR WHICH ANY ECONOMIC BENEFIT AS DEFINED IN PARAGRAPHS (A)
S. 4008--B 185
AND (B) OF THIS SUBDIVISION, IS MADE AVAILABLE OR AWARDED BY A LOCAL
AUTHORITY TO, INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPO-
RATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT
CORPORATION LAW, TO A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR
ANY OTHER ENTITY.
2. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE OFFICE SHALL CREATE A
SEARCHABLE DATABASE, DISPLAYING DATA REGARDING ECONOMIC DEVELOPMENT
BENEFITS THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED. SUCH DATABASE
SHALL ALSO SEPARATELY DISPLAY DATA REGARDING ADDITIONAL STATE ECONOMIC
DEVELOPMENT BENEFITS AND THE AGGREGATE TOTAL OF BENEFITS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, TO THE EXTENT THAT
SUCH DATA HAS BEEN MADE AVAILABLE TO AND IS RECEIVED BY THE OFFICE IN
THE FORM AND MANNER PRESCRIBED BY THE OFFICE. SUCH SEARCHABLE DATABASE
SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING DATA, FEATURES AND FUNCTION-
ALITY TO THE EXTENT PRACTICABLE:
(A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR-
MATION FIELDS;
(B) THE ABILITY TO BE SEARCHABLE, DOWNLOADABLE, AND UPDATED QUARTERLY,
AND POSTED ON A PUBLICLY ACCESSIBLE WEBSITE AS WELL AS REFERENCED ON THE
OFFICE'S WEBSITE, WITH A DIRECT LINK TO THE DATABASE;
(C) THE FOLLOWING DATA ON PROJECTS SHALL BE INCLUDED:
(I) A QUALIFIED PARTICIPANT'S NAME AND PROJECT, PROJECT LOCATION, THE
PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND
SEARCHABLE FIELD, AND THE ECONOMIC REGION OF THE STATE;
(II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE OR
HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS;
(III) THE TYPE OF SUCH ECONOMIC DEVELOPMENT BENEFITS, AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, PROVIDED TO A QUALI-
FIED PARTICIPANT, INCLUDING THE NAME OF THE PROGRAM OR PROGRAMS THROUGH
WHICH SUCH BENEFITS ARE PROVIDED, AND DETAILS AS TO WHETHER SUCH
PROGRAMS ARE GRANTS OR TAX CREDIT PROGRAMS AS A SEPARATE AND SEARCHABLE
FIELD. SUCH DATA SHALL BE PROVIDED TO THE EXTENT PRACTICABLE FOR ALL
CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
(IV) THE TOTAL NUMBER OF EMPLOYEES AT ALL ENTITIES UTILIZING SUCH
ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION, AT THE TIME OF THE AGREEMENT, INCLUDING THE NUMBER
OF FULL-TIME EQUIVALENTS, PROVIDED THAT ANY PROJECT HIRES OR PART-TIME
JOBS SHALL BE DISPLAYED IN SEPARATE FIELDS AND MAY BE CONVERTED TO FULL-
TIME EQUIVALENTS AND DENOTED AS SUCH, TO THE EXTENT PRACTICABLE FOR ALL
CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
(V) FOR ANY ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION THAT PROVIDES FOR JOB RETENTION OR
JOB CREATION, THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED, THE TOTAL
JOB CREATION COMMITMENTS, JOB RETENTION COMMITMENTS, JOB CREATION ACTUAL
NUMBER, AND THE JOB RETENTION ACTUAL NUMBER, DISPLAYED IN TERMS OF FULL-
TIME EQUIVALENTS WHERE ANY PROJECT HIRES OR PART-TIME JOBS MAY BE
CONVERTED TO FULL-TIME EQUIVALENTS AND DENOTED AS SUCH, THE ACTUAL AVER-
AGE WAGE BY OCCUPATION OR JOB CLASSIFICATION AND TOTAL PAYROLL TO BE
CREATED AS A RESULT OF THE BENEFITS, SHALL BE PROVIDED, EACH DISPLAYED
AS SEPARATE AND SEARCHABLE FIELDS;
(VI) THE TOTAL AND SEPARATE AMOUNT OF ECONOMIC DEVELOPMENT BENEFITS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION RECEIVED BY
A QUALIFIED PARTICIPANT TO DATE;
(VII) THE TOTAL PUBLIC-PRIVATE INVESTMENT MADE TO A PROJECT, TOTAL
PUBLIC FUNDING RECEIVED BY A PROJECT, AND PROJECT STATUS;
S. 4008--B 186
(VIII) DETAILS RELATED TO INDIVIDUAL PROJECT COMPLIANCE INDICATING
WHETHER, DURING THE CURRENT REPORTING QUARTER, THE ENTITY MANAGING THE
AWARD HAS REDUCED, CANCELLED, OR RECAPTURED ANY ECONOMIC DEVELOPMENT
BENEFITS OR ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS FROM A QUALI-
FIED PARTICIPANT, AND, IF SO, THE TOTAL AMOUNT OF THE REDUCTION, CANCEL-
LATION, OR RECAPTURE. SEPARATELY, A NOTATION OF PENALTIES ASSESSED SHALL
BE DISPLAYED IN A SEPARATE AND SEARCHABLE FIELD, AS WELL AS THE REASONS
THEREFOR IN ANOTHER SEPARATE AND SEARCHABLE FIELD;
(IX) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE-
SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
TO CREATE UNIQUE DATABASE VIEWS;
(X) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART,
IN A COMMON MACHINE READABLE FORMAT;
(XI) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
(XII) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED
PARTICIPANTS;
(XIII) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY
OF THE DATABASE; AND
(XIV) A DEDICATED EMAIL ACCOUNT FOR THE PUBLIC TO DIRECT QUESTIONS
RELATED TO THE DATABASE, AND THE OFFICE MAILING ADDRESS, OFFICE TELE-
PHONE NUMBER, AND NAME OF THE CHIEF OFFICER OF THE GRANTING BODY.
3. DATA RELATED TO SUBPARAGRAPHS (I) THROUGH (VI) OF PARAGRAPH (C) OF
SUBDIVISION TWO OF THIS SECTION SHALL BE ANALYZED FOR QUALITY AND ACCU-
RACY BY THE ENTITY OR AUTHORITY PROVIDING SUCH FUNDING TO QUALIFIED
RECIPIENTS AND MANAGING THE CONTRACTS RELATED THERETO. UPON SUBMISSION
OF SUCH DATA TO THE OFFICE FOR INCLUSION IN THE DATABASE, ALL AWARDING
ENTITIES SHALL CERTIFY TO THE OFFICE THAT EACH FIELD OF PROJECT DATA
ACCURATELY SUMMARIZES PROJECT INVESTMENTS AND AMOUNTS AND CONTAINS NO
KNOWN MISREPRESENTATION OF MATERIAL FACTS.
4. UPON REQUEST THE OFFICE SHALL PROVIDE, OR DIRECT TO A SOURCE
PROVIDING, IN AN ELECTRONICALLY ACCESSIBLE AND DOWNLOADABLE FORM, ANY
CONTRACTS OR AWARD AGREEMENTS FOR PROJECTS INCLUDED IN THE DATABASE, TO
THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE AVAILABLE TO THE
PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER
LAW. SUCH CONTRACTS MAY, UPON REQUEST FROM THE OFFICE, BE SHARED BY THE
ENTITY HOLDING AND MANAGING SUCH CONTRACT.
5. THE OFFICE MAY REQUEST ANY DATA FROM QUALIFIED PARTICIPANTS THAT IS
NECESSARY AND REQUIRED IN DEVELOPING, UPDATING, AND MAINTAINING THE
SEARCHABLE DATABASE. SUCH QUALIFIED PARTICIPANTS SHALL PROVIDE ANY SUCH
INFORMATION REQUESTED BY THE OFFICE.
6. THE OFFICE SHALL PRESCRIBE THE FORM AND MANNER IN WHICH A LOCAL
AUTHORITY AWARDING OTHER STATE AGENCY ECONOMIC DEVELOPMENT BENEFITS
SHALL SUBMIT INFORMATION AND DATA REGARDING OTHER STATE AGENCY BENEFITS
AS REQUIRED FOR DEVELOPING, UPDATING, AND MAINTAINING THE DATABASE AND
PUBLISH GUIDELINES AS NEEDED TO FACILITATE RECEIPT OF SUCH DATA TO
COMPLY WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE SUBMISSION
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION. THE CORPORATION, TO THE
EXTENT PRACTICABLE, SHALL NOTE ON THE DATABASE WHERE A STATE AGENCY OR
AUTHORITY FAILED TO SUBMIT THE REQUIRED DATA.
7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE OFFICE MAY REQUEST
AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMIS-
SION OR OTHER AGENCY OF THE STATE, OR ANY STATE OR LOCAL PUBLIC AUTHORI-
TY SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO
CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
S. 4008--B 187
§ 2. Section 2807 of public authorities law, as added by section 3 of
part NNN of chapter 58 of the laws of 2022, is amended to read as
follows:
§ 2807. 1. Reporting for searchable state subsidy and aggregate
economic development benefits database. Notwithstanding any other
provision of law to the contrary, every state authority shall submit to
the urban development corporation, and update quarterly, in the form and
manner prescribed by the urban development corporation, any and all data
and information as necessary for developing, updating, and maintaining
the database established in section fifty-eight of section one of chap-
ter one hundred seventy-four of the laws of nineteen hundred sixty-
eight, constituting the New York state urban development corporation
act, regarding economic development benefits, as such term is defined in
such section, awarded by such state authority. A state authority may
request and shall receive any data from an individual, business, limited
liability corporation or any other entity that has applied for and
received approval for, or is the beneficiary of, any such economic
development benefits, as is necessary and required to comply with this
section.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A LOCAL
AUTHORITY SHALL SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE
QUARTERLY, IN THE FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET
OFFICE, ANY AND ALL DATA AND INFORMATION AS NECESSARY FOR DEVELOPING,
UPDATING, AND MAINTAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF
THE PUBLIC AUTHORITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS
THE TERM IS DEFINED THEREIN, AWARDED BY SUCH AUTHORITY. A LOCAL AUTHORI-
TY MAY REQUEST AND SHALL RECEIVE ANY DATA FROM A PERSON, BUSINESS,
LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR
AND RECEIVED APPROVAL FOR OR IS THE BENEFICIARY OF, ANY SUCH ECONOMIC
DEVELOPMENT BENEFITS, AS IS NECESSARY AND REQUIRED TO COMPLY WITH THIS
SECTION.
§ 3. The general municipal law is amended by adding a new section
859-d to read as follows:
§ 859-D. REPORTING FOR THE LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND
ECONOMIC DEVELOPMENT BENEFITS DATABASE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, AN INDUSTRIAL DEVELOPMENT AGENCY SHALL
SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE QUARTERLY, IN THE
FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET OFFICE, ANY AND ALL
DATA AND INFORMATION AS NECESSARY FOR DEVELOPING, UPDATING, AND MAIN-
TAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF THE PUBLIC AUTHOR-
ITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS THE TERM IS
DEFINED THEREIN, AWARDED BY SUCH INDUSTRIAL DEVELOPMENT AGENCY. AN
INDUSTRIAL DEVELOPMENT AGENCY MAY REQUEST AND SHALL RECEIVE ANY DATA
FROM A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY OTHER
ENTITY THAT HAS APPLIED FOR AND RECEIVED APPROVAL FOR OR IS THE BENEFI-
CIARY OF, ANY SUCH ECONOMIC DEVELOPMENT BENEFITS, AS IS NECESSARY AND
REQUIRED TO COMPLY WITH THIS SECTION.
§ 4. Paragraph (i) of section 1411 of the not-for-profit corporation
law is amended and a new paragraph (j) is added to read as follows:
(i) Effect of section.
Corporations incorporated or reincorporated under this section shall
be organized and operated exclusively for the purposes set forth in
paragraph (a) OF THIS SECTION, shall have, in addition to the powers
otherwise conferred by law, the powers conferred by paragraph (c) OF
THIS SECTION and shall be subject to all the restrictions and limita-
tions imposed by paragraph (e) [and], paragraph (g), AND PARAGRAPH (J)
S. 4008--B 188
OF THIS SECTION. In so far as the provisions of this section are incon-
sistent with the provisions of any other law, general or special, the
provisions of this section shall be controlling as to corporations
incorporated or reincorporated hereunder.
(J) PUBLIC AUTHORITIES LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CORPO-
RATION INCORPORATED OR REINCORPORATED UNDER THIS SECTION SHALL BE
CONSIDERED A LOCAL AUTHORITY UNDER THE PUBLIC AUTHORITIES LAW, AND BE
SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE
PUBLIC AUTHORITIES LAW.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.
PART YYY
Section 1. Subdivision 6 of section 51 of the public authorities law
is REPEALED.
§ 2. This act shall take effect immediately.
PART ZZZ
Section 1. Section 429 of the real property tax law, as added by chap-
ter 459 of the laws of 1982, is amended to read as follows:
§ 429. Real property used for professional major league sports. Real
property within a city having a population of one million or more, used
by both a professional major league hockey team which is a member of the
National Hockey League and a professional major league basketball team
which is a member of the National Basketball Association to play their
home games shall be exempt from taxation to the extent said taxes are
the obligation by lease or otherwise of the owners of franchises for
such teams, provided that such owners enter into a written agreement
with the chief executive officer of the municipality in which such prop-
erty is located to play their home games within such municipality for a
period of at least ten consecutive years; PROVIDED HOWEVER, THAT IN NO
CASE SHALL THE EXEMPTION GRANTED BY THIS SECTION APPLY TO ANY ASSESSMENT
ROLL ISSUED AFTER THE TWO THOUSAND TWENTY-THREE ASSESSMENT ROLL. The
tax exemption provided herein shall be granted to real property being
used, in whole or in part, for the aforesaid purposes on the date such
agreement is executed and shall apply to taxes which become due and
payable after the aforestated agreement is executed and shall continue
with respect to such property as long as both of said teams play their
home games therein and no longer. Such exemption shall not apply with
respect to any improvement to such property made after the date such
agreement is executed which improvement is not used for the provision of
facilities or services related to sports, entertainment, expositions,
conventions or trade shows. If one or both of said teams shall cease to
play their home games in said property at any time, the tax exemption
provided herein shall cease immediately and such property shall imme-
diately be restored to the tax rolls and thereupon become subject to
taxation and shall be taxed pro rata for the unexpired portion of the
taxable year.
§ 2. The real property tax law is amended by adding a new section
429-a to read as follows:
§ 429-A. EXPIRATION OF MAJOR LEAGUE SPORTS EXEMPTION. THE REAL PROPER-
TY TAX EXEMPTION UNDER SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE
SHALL EXPIRE UPON THE EFFECTIVE DATE OF THIS SECTION; PROVIDED HOWEVER,
S. 4008--B 189
THAT THE REVENUE AND PENALTIES COLLECTED BY THE NEW YORK CITY DEPARTMENT
OF FINANCE FOR SUCH REAL PROPERTY SHALL BE REMITTED BY THE CITY OF NEW
YORK TO THE METROPOLITAN TRANSPORTATION AUTHORITY ON A SEMIANNUAL BASIS,
TO BE DEPOSITED INTO THE METROPOLITAN TRANSPORTATION AUTHORITY FINANCE
FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-H OF THE
PUBLIC AUTHORITIES LAW.
§ 3. This act shall take effect immediately; provided however, that
the provisions of this act shall apply to assessment rolls beginning
with the 2024 assessment roll.
PART AAAA
Section 1. Subparagraphs (vii) and (viii) and the closing paragraph of
paragraph (d) of subdivision 2-a of section 1269-b of the public author-
ities law, as added by section 1 of part LLL of chapter 58 of the laws
of 2022, are amended and three new subparagraphs (ix), (x), (xi) and an
undesignated paragraph are added to read as follows:
(vii) budget information including the original budget at the time of
project commitment when scope and budget are defined, all amendments,
the current budget and planned annual allocations; [and]
(viii) a schedule for project delivery including original, amended and
current start and completion dates as projects develop at each phase[.];
(IX) A LISTING OF ALL CONTRACT NUMBERS, VENDORS, AND CONTRACTORS ASSO-
CIATED WITH THE PROJECT;
(X) ALL SOURCES OF FUNDING FOR THE PROJECT; AND
(XI) CODING REGARDING WHETHER THE PROJECT IS RELATED TO ACCESSIBILITY
OR RESILIENCY.
FOR THE PURPOSES OF THIS PARAGRAPH, SOURCES OF FUNDING SHALL BE SPECI-
FIED AS FROM THE STATE OF NEW YORK, THE FEDERAL GOVERNMENT, THE CITY OF
NEW YORK, OR ANY OTHER RELEVANT SOURCE. FUNDING FROM THE STATE OF NEW
YORK SHALL FURTHER SPECIFY WHETHER IT HAS BEEN OBTAINED FROM THE CENTRAL
BUSINESS DISTRICT TOLLING LOCKBOX AS ESTABLISHED BY SECTION FIVE HUNDRED
FIFTY-THREE-J OF THIS CHAPTER OR ANY SUCCESSOR FUND OR ACCOUNT PROVIDED
BY LAW. ACCESSIBILITY SHALL MEAN PROJECTS REGARDING ELEVATORS, ESCALA-
TORS OR OTHER PROJECTS RELATED TO COMPLIANCE WITH THE FEDERAL AMERICANS
WITH DISABILITIES ACT OF 1990, AS AMENDED, AND CORRESPONDING GUIDELINES.
RESILIENCY SHALL HAVE THE SAME MEANING AS DEFINED BY THE AUTHORITY IN
ITS TWENTY-YEAR NEEDS ASSESSMENT RELEASED IN TWO THOUSAND TWENTY-THREE
AS REQUIRED BY SUBDIVISION C OF SECTION TWELVE HUNDRED SIXTY-NINE-C OF
THIS TITLE.
The status of projects shall be provided and state the current phase
of the project, such as planning, design, construction or completion,
and shall state how far the project has progressed as measured in
percentage by expenditure. The dashboard shall measure progress based on
original budgets at the time of project commitment when scope and budget
are defined. At a minimum, all changes to planned budgets of greater
than ten percent, significant project scope or a three month or more
change in schedule shall be provided in narrative form and describe the
reason for each change or amendment. The dashboard shall include a glos-
sary or data dictionary which contains plain language descriptions of
the data, INCLUDING INDIVIDUAL PROJECT DATA, and ANY OTHER information
provided on the dashboard. THE AUTHORITY SHALL PROVIDE A DEFINITION OF
RESILIENCY IN THE GLOSSARY OR DATA DICTIONARY. The dashboard shall be
updated, at a minimum, on a quarterly basis, and all data fields avail-
able on the dashboard shall be made available for download on the
authority's website in a single tabular data file in a common, machine
S. 4008--B 190
readable format. Capital dashboard data shall also be made available on
the data.ny.gov website or such other successor website maintained by,
or on behalf of, the state, as deemed appropriate by the New York state
office of information technology services under executive order number
ninety-five of two thousand thirteen, or any successor agency or order.
§ 2. Section 1276-b of the public authorities law is amended by adding
two new subdivisions 6 and 7 to read as follows:
6. THE AUTHORITY SHALL PUBLISH ALL DATA PERTAINING TO EACH AUTHORITY'S
BUDGET AND FINANCIAL PLANS AS REQUIRED BY THIS SECTION IN A COMMON,
MACHINE READABLE FORMAT ON THE AUTHORITY'S WEBSITE AS DEFINED BY EXECU-
TIVE ORDER NUMBER NINETY-FIVE OF TWO THOUSAND THIRTEEN, "USING TECHNOLO-
GY TO PROMOTE TRANSPARENCY, IMPROVE GOVERNMENT PERFORMANCE AND ENHANCE
CITIZEN ENGAGEMENT" OR ANY SUCCESSOR ORDER. SUCH DATA SHALL INCLUDE, BUT
NOT BE LIMITED TO:
(A) ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES, INCLUDING
MONTHLY PROJECTIONS FOR THE CURRENT FISCAL YEAR OF ALL REVENUES AND
EXPENSES;
(B) ANY PLANNED TRANSACTION THAT WOULD SHIFT RESOURCES, FROM ANY
SOURCE, FROM ONE FISCAL YEAR TO ANOTHER, AND THE AMOUNT OF ANY RESERVES;
(C) QUARTERLY REVENUE AND EXPENSE TARGETS;
(D) STAFFING FOR THE AUTHORITY AND EACH OF ITS AGENCIES;
(E) A COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL STAFFING AND
ACTUAL UTILIZATION TO PLANNED OR PROJECTED LEVELS FOR EACH OF THE
AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS;
(F) THE STATUS OF EACH GAP-CLOSING INITIATIVE WITH A PROJECTED VALUE
GREATER THAN ONE MILLION DOLLARS IN ANY GIVEN FISCAL YEAR; AND
(G) THE STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT
NOT LIMITED TO COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND AN EXPLA-
NATION OF MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS.
7. THE DATA REQUIRED TO BE PUBLISHED PURSUANT TO THIS SECTION SHALL BE
MADE IN A SINGLE TABULAR DATA FILE IN A COMMON, MACHINE READABLE FORMAT
AND SHALL BE ACCESSIBLE ON THE AUTHORITY'S WEBSITE AND THE WEBSITE
DATA.NY.GOV OR SUCH OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF
OF, THE STATE, AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF
INFORMATION TECHNOLOGY SERVICES UNDER EXECUTIVE ORDER NUMBER NINETY-FIVE
OF TWO THOUSAND THIRTEEN, OR ANY SUCCESSOR AGENCY OR ORDER.
§ 3. This act shall take effect immediately.
PART BBBB
Section 1. Paragraph (a) of subdivision 1 of section 209-b of the tax
law, as amended by section 7 of part A of chapter 59 of the laws of
2014, is amended to read as follows:
(a) For the privilege of exercising its corporate franchise, or of
doing business, or of employing capital, or of owning or leasing proper-
ty in a corporate or organized capacity, or of maintaining an office, or
of deriving receipts from activity in the metropolitan commuter trans-
portation district, for all or any part of its taxable year, there is
hereby imposed on every corporation, other than a New York S corpo-
ration, subject to tax under section two hundred nine of this article,
or any receiver, referee, trustee, assignee or other fiduciary, or any
officer or agent appointed by any court, who conducts the business of
any such corporation, a tax surcharge, in addition to the tax imposed
under section two hundred nine of this article, to be computed at the
rate of seventeen percent of the tax imposed under such section for such
taxable years or any part of such taxable years ending on or after
S. 4008--B 191
December thirty-first, nineteen hundred eighty-three and before January
first, two thousand fifteen after the deduction of any credits otherwise
allowable under this article, at the rate of twenty-five and six-tenths
percent of the tax imposed under such section for taxable years begin-
ning on or after January first, two thousand fifteen and before January
first, two thousand sixteen before the deduction of any credits other-
wise allowable under this article, and at the rate determined by the
commissioner pursuant to paragraph (f) of this subdivision of the tax
imposed under such section, for taxable years beginning on or after
January first, two thousand sixteen AND ENDING BEFORE JANUARY FIRST, TWO
THOUSAND TWENTY-THREE before the deduction of any credits otherwise
allowable under this article, AND AT THE RATE OF FORTY-FIVE PERCENT OF
THE TAX IMPOSED UNDER SUCH SECTION FOR TAXABLE YEARS BEGINNING ON OR
AFTER TWO THOUSAND TWENTY-THREE. However, such rate of tax surcharge
shall be applied only to that portion of the tax imposed under section
two hundred nine of this article before the deduction of any credits
otherwise allowable under this article which is attributable to the
taxpayer's business activity carried on within the metropolitan commuter
transportation district; and provided, further, the surcharge computed
on a combined report shall include a surcharge on the fixed dollar mini-
mum tax for each member of the combined group subject to the surcharge
under this subdivision.
§ 2. Paragraph (f) of subdivision 1 of section 209-b of the tax law,
as added by section 7 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(f) The commissioner shall determine the rate of tax for taxable years
beginning on or after January first, two thousand sixteen AND ENDING
BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE by adjusting the rate
for taxable years beginning on or after January first, two thousand
fifteen and before January first, two thousand sixteen as necessary to
ensure that the receipts attributable to such surcharge, as impacted by
the chapter of the laws of two thousand fourteen which added this para-
graph, will meet and not exceed the financial projections for state
fiscal year two thousand sixteen-two thousand seventeen, as reflected in
state fiscal year two thousand fifteen-two thousand sixteen enacted
budget. The commissioner shall annually determine the rate thereafter
using the financial projections for the state fiscal year that commences
in the year for which the rate is to be set as reflected in the enacted
budget for the fiscal year commencing on the previous April first.
§ 3. This act shall take effect immediately.
PART CCCC
Section 1. The department of transportation is hereby authorized and
directed to conduct a study on proposed improvements along the Hudson
River Greenway portion of State Route 9A in New York county.
1. Such study shall address no less than the following issues:
(a) The estimated total cost to redesign the 80-intersection corridor
to reduce crash frequency and severity;
(b) The estimated total cost for lane and crosswalk configuration,
data and traffic analysis, and civil engineering and landscaping compo-
nents;
(c) The estimated duration of the project;
(d) The impact construction will have on local traffic patterns;
(e) The environmental impact of the project, represented in an envi-
ronmental impact statement, if such statement is required by law, or is
S. 4008--B 192
deemed warranted according to the discretion of the department of trans-
portation; and
(f) Identify areas for cooperation between agencies who have purview
over this project and/or relevant properties and solicit and incorporate
input from such agencies.
2. The department of transportation shall report such findings to the
governor and the legislature within one year after the effective date of
this act.
§ 2. This act shall take effect immediately and shall expire one year
after it shall have become a law when upon such date the provisions of
this act shall be deemed repealed.
PART DDDD
Section 1. Legislative findings and intent. The legislature finds that
the public health, safety and welfare of the residents of the state of
New York traveling to, from and within the city of New York is an issue
that affects millions of New Yorkers and visitors. This issue includes
access to adequate residential parking. Residents of the city of New
York, particularly from outer borough communities, have some of the
longest commutation times in the country. Public transportation access
is often limited for these residents and visitors as well. Lack of
adequate parking and public transportation options can also pose an
issue for parents with small children, caregivers making home visits or
providing transportation assistance for severely disabled individuals,
and can make life difficult for motorists with disabilities attempting
to park near their homes. In addition, emissions from idling vehicles
that are stopped or standing, or from vehicles continually looping
around their neighborhoods in search of parking, can have deleterious
health impacts on the state's most vulnerable populations. New York
City's health department has called air pollution a leading threat to
its residents, and estimated that particulate matter emissions and ozone
caused more than two thousand deaths and eight thousand asthma-related
emergency room visits every year. New York City has also taken a number
of actions available to it to reduce air pollution, including adopting a
motor vehicle idling enforcement program and attempting to shift commer-
cial vehicle traffic to bicycles and other alternative transportation
modes. A residential parking permit system would build upon those
efforts and assist in reducing these pollution-related outcomes, and its
revenues would serve as an investment in the region's public transporta-
tion system. For these reasons, improving residential parking options by
facilitating establishment of a residential parking permit system
addresses an issue of significant importance to the state and serves as
a bridge to a future in which more public transportation options are
available for both residents and visitors.
§ 2. Subdivision (a) of section 1642 of the vehicle and traffic law is
amended by adding a new paragraph 28 to read as follows:
28. (A) NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY,
THE CITY COUNCIL SHALL, BY ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE
FOR A RESIDENTIAL PARKING PERMIT SYSTEM AND FIX AND REQUIRE THE PAYMENT
OF FEES APPLICABLE TO PARKING WITHIN THE AREA IN WHICH SUCH PARKING
SYSTEM IS IN EFFECT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(B) SUCH RESIDENTIAL PARKING PERMIT SYSTEM MAY BE ESTABLISHED THROUGH-
OUT SUCH CITY IN A MANNER AS DETERMINED BY THE LOCAL LAW OR ORDINANCE.
S. 4008--B 193
(C) NOTWITHSTANDING THE FOREGOING, THE CITY MAY PROVIDE THAT NO PERMIT
SHALL BE REQUIRED ON STREETS OR THOSE PORTIONS OF SUCH STREETS WHERE THE
ADJACENT PROPERTIES ARE ZONED FOR COMMERCIAL/RETAIL USE.
(D) THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
SYSTEM SHALL:
(I) SET FORTH FACTORS NECESSITATING THE ENACTMENT OF SUCH PARKING
SYSTEM; AND
(II) MAY PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT TO SECTION
FOUR HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT
REQUIREMENT; AND
(III) SHALL PROVIDE THE TIMES OF THE DAY AND DAYS OF THE WEEK DURING
WHICH PERMIT REQUIREMENTS SHALL BE IN EFFECT, AS WELL AS THE BOUNDARIES
OR NEIGHBORHOODS IN WHICH PERMIT REQUIREMENTS SHALL BE IN EFFECT IF
RELEVANT; AND
(IV) MAY MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE
PERMIT AREA AVAILABLE TO NON-RESIDENTS, AND MAY PROVIDE SHORT-TERM PARK-
ING OF NOT LESS THAN NINETY MINUTES IN DURATION IN SUCH AREA; AND
(V) SHALL LIMIT ISSUANCE OF PERMITS TO MOTOR VEHICLES VALIDLY REGIS-
TERED IN THE STATE PURSUANT TO TITLE FOUR OF THIS SECTION; AND
(VI) SHALL PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS,
PROVIDED THAT SUCH FEES SHALL NOT EXCEED THIRTY DOLLARS PER MONTH; AND
(VII) SHALL PROVIDE THAT SUCH FEES AND PENALTIES COLLECTED PURSUANT TO
THIS SUBDIVISION SHALL BE REMITTED BY THE CITY OF NEW YORK TO THE METRO-
POLITAN TRANSPORTATION AUTHORITY ON A QUARTERLY BASIS TO BE DEPOSITED
INTO THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY TRANSPORTA-
TION ASSISTANCE FUND ESTABLISHED UNDER SECTION TWELVE HUNDRED SEVENTY-I
OF THE PUBLIC AUTHORITIES LAW. PROVIDED FURTHER THAT SUCH CITY SHALL BE
ENTITLED TO DEDUCT REASONABLE EXPENSES AS ARE NECESSARY TO ESTABLISH AND
ADMINISTER THE PARKING PERMIT SYSTEM.
(E) NO ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION UNTIL A
PUBLIC HEARING THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR
PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
(F) THE CITY OF NEW YORK AND THE METROPOLITAN TRANSPORTATION AUTHORITY
SHALL SUBMIT A REPORT ON THE RESULTS OF THE IMPLEMENTATION OF THE PARK-
ING PERMIT SYSTEM PURSUANT TO THIS SUBDIVISION TO THE GOVERNOR, THE
STATE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAK-
ER OF THE ASSEMBLY BY JULY FIRST, WITHIN TWELVE MONTHS OF OPERATING SUCH
PARKING PERMIT SYSTEM AND ANNUALLY THEREAFTER. SUCH REPORT SHALL ALSO BE
MADE PUBLIC. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) A DESCRIPTION OF THE LOCATIONS OR NEIGHBORHOODS WHERE THE PARKING
PERMIT SYSTEM WAS IMPLEMENTED UNDER THIS SUBDIVISION;
(II) THE TOTAL NUMBER OF VIOLATIONS UNDER THIS SUBDIVISION RECORDED ON
AN ANNUAL BASIS;
(III) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID FOR
VIOLATIONS UNDER THIS SUBDIVISION;
(IV) THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
METROPOLITAN TRANSPORTATION AUTHORITY UNDER THIS SUBDIVISION;
(V) THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SUBDIVISION AND
ITS RESULTS;
(VI) THE TOTAL NUMBER OF PARKING SPACES COVERED BY A PERMIT SYSTEM
UNDER THIS SUBDIVISION;
(VII) THE TOTAL COST TO THE CITY OF NEW YORK UNDER THIS SUBDIVISION;
AND
(VIII) TO THE EXTENT PRACTICABLE, A REPORT ON THE CURRENT AND HISTORIC
VOLUME AND TYPE OF VEHICLES INCLUDING, BUT NOT LIMITED TO, COMMERCIAL
TRUCKS, TRANSPORTATION NETWORK COMPANIES, TAXIS, PRIVATE CARS, AND TOUR
S. 4008--B 194
BUSES, ENTERING AND IDLING IN THE CITY; ENVIRONMENTAL IMPROVEMENTS,
INCLUDING BUT NOT LIMITED TO, AIR QUALITY, AND EMISSIONS TRENDS IN AND
AROUND THE CITY; AND TRANSIT RIDERSHIP AND AVERAGE BUS SPEEDS WITHIN THE
NEIGHBORHOODS WHERE SUCH PERMIT SYSTEM IS IMPLEMENTED.
§ 3. This act shall take effect immediately.
PART EEEE
Section 1. Paragraphs 3 and 4 of subsection (b) of section 800 of the
tax law, paragraph 3 as amended by section 1 of part B of chapter 56 of
the laws of 2011, paragraph 4 as amended by section 1 of part YY of
chapter 59 of the laws of 2015, are amended and a new paragraph 5 is
added to read as follows:
(3) an interstate agency or public corporation created pursuant to an
agreement or compact with another state or the Dominion of Canada; [or]
(4) [Any] ANY eligible educational institution. An "eligible educa-
tional institution" shall mean any public school district, a board of
cooperative educational services, a public elementary or secondary
school, a school approved pursuant to article eighty-five or eighty-nine
of the education law to serve students with disabilities of school age,
or a nonpublic elementary or secondary school that provides instruction
in grade one or above, all public library systems as defined in subdivi-
sion one of section two hundred seventy-two of the education law, and
all public and free association libraries as such terms are defined in
subdivision two of section two hundred fifty-three of the education
law[.]; OR
(5) THE COUNTY GOVERNMENTS OF DUTCHESS COUNTY, ORANGE COUNTY, PUTNAM
COUNTY AND ROCKLAND COUNTY AND EVERY TOWN, CITY, VILLAGE OR OTHER POLI-
TICAL SUBDIVISION OF SUCH COUNTIES.
§ 2. Subparagraph (i) of paragraph (b-1) and subparagraph (i) of para-
graph (c-3) of subdivision 2 of section 503 of the vehicle and traffic
law, as amended by section 1 of part FF of chapter 58 of the laws of
2019, are amended to read as follows:
(i) Upon passage of the knowledge test required to obtain a learner's
permit, an applicant for a driver's license who resides in the metropol-
itan commuter transportation district established by section one thou-
sand two hundred sixty-two of the public authorities law OTHER THAN THE
COUNTIES OF PUTNAM, ROCKLAND, DUTCHESS, AND ORANGE shall be required to
pay a supplemental fee of one dollar for each six months or portion
thereof of the period of validity of a learner's permit or license which
is or may be issued pursuant to the provisions of subparagraph (i) or
(ii) of paragraph (b) of this subdivision.
(i) Supplemental renewal fee in the metropolitan commuter transporta-
tion district. In addition to the fees required to be paid pursuant to
paragraph (c) of this subdivision, a supplemental fee of one dollar for
each six months or portion thereof of the validity of the license shall
be paid for renewal of a license of a person who resides OUTSIDE THE
COUNTIES OF PUTNAM, ROCKLAND, DUTCHESS OR ORANGE BUT OTHERWISE in the
metropolitan commuter transportation district established by section one
thousand two hundred sixty-two of the public authorities law issued by
the commissioner.
§ 3. Section 499 of the vehicle and traffic law, as added by section 1
of part B of chapter 25 of the laws of 2009, is amended to read as
follows:
§ 499. Definition. For the purposes of this article "metropolitan
commuter transportation district" shall mean the area of the state
S. 4008--B 195
included in the district created and governed by section twelve hundred
sixty-two of the public authorities law, OTHER THAN THE COUNTIES OF
PUTNAM, ROCKLAND, DUTCHESS AND ORANGE.
§ 4. This act shall take effect immediately.
PART FFFF
Section 1. Section 1292 of the tax law, as added by section 18 of part
AAA of chapter 59 of the laws of 2017, is amended to read as follows:
§ 1292. Imposition. (A) There is hereby imposed on every TNC a state
assessment fee of 4% of the gross trip fare of every TNC prearranged
trip provided by such TNC that originates anywhere in the state outside
the city and terminates anywhere in this state.
(B) THERE IS ADDITIONALLY IMPOSED ON EVERY TNC A SUPPLEMENTAL STATE
ASSESSMENT FEE OF FIFTY CENTS ON EVERY TNC PREARRANGED TRIP PROVIDED BY
SUCH TNC THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE CITY AND
TERMINATES ANYWHERE IN THIS STATE.
§ 2. Section 1298 of the tax law, as added by section 18 of part AAA
of chapter 59 of the laws of 2017, is amended to read as follows:
§ 1298. Deposit and disposition of revenue. (A) All taxes, fees,
interest and penalties collected or received by the commissioner under
PARAGRAPH (A) OF SECTION TWELVE HUNDRED NINETY-TWO OF this article shall
be deposited and disposed of pursuant to the provisions of section one
hundred seventy-one-a of this chapter.
(B) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER PARAGRAPH (B) OF SECTION TWELVE HUNDRED NINETY-
TWO OF THIS ARTICLE FOR EVERY TNC PREARRANGED TRIP PROVIDED BY SUCH TNC
THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-
TWO OF THE PUBLIC AUTHORITIES LAW SHALL BE DEPOSITED AND DISPOSED INTO
THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT ESTAB-
LISHED BY SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
(C) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER PARAGRAPH (B) OF SECTION TWELVE HUNDRED NINETY-
TWO OF THIS ARTICLE FOR EVERY TNC PREARRANGED TRIP PROVIDED BY SUCH TNC
THAT ORIGINATES ANYWHERE IN THE STATE WITHIN THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-
TWO OF THE PUBLIC AUTHORITIES LAW BUT OUTSIDE THE CITY OF NEW YORK SHALL
BE DEPOSITED AND DISPOSED INTO THE METROPOLITAN MASS TRANSPORTATION
OPERATING ASSISTANCE ACCOUNT ESTABLISHED BY SECTION EIGHTY-EIGHT-A OF
THE STATE FINANCE LAW AND SHALL BE PAID TO THE PUBLIC TRANSPORTATION
SYSTEMS IN THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT WHOSE
SERVICE AREA INCLUDES THE LOCATION IN WHICH THE PREARRANGED TRIP ORIGI-
NATED, PROVIDED THAT NO PAYMENTS SHALL BE MADE TO THE METROPOLITAN
TRANSPORTATION AUTHORITY PURSUANT TO THIS ARTICLE.
§ 3. The tax law is amended by adding a new article 29-E to read as
follows:
ARTICLE 29-E
MTA SURCHARGE FEE ON TRANSPORTATION NETWORK COMPANY PREARRANGED TRIPS IN
NEW YORK CITY
SECTION 1299-T. DEFINITIONS.
1299-U. IMPOSITION.
1299-V. PRESUMPTION.
1299-W. RETURNS AND PAYMENT OF MTA SURCHARGE FEE.
S. 4008--B 196
1299-X. RECORDS TO BE KEPT.
1299-Y. SECRECY OF RETURNS AND REPORTS.
1299-Z. PRACTICE AND PROCEDURE.
1299-AA. DEPOSIT AND DISPOSITION OF REVENUE.
§ 1299-T. DEFINITIONS. (A) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP,
LIMITED LIABILITY COMPANY, SOCIETY, ASSOCIATION, JOINT STOCK COMPANY,
CORPORATION, ESTATE, RECEIVER, TRUSTEE, ASSIGNEE, REFEREE OR ANY OTHER
PERSON ACTING IN A FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER
APPOINTED BY A COURT OR OTHERWISE, ANY COMBINATION OF INDIVIDUALS AND
ANY OTHER FORM OF UNINCORPORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR
MORE PERSONS.
(B) "CITY" MEANS A CITY OF A MILLION OR MORE LOCATED IN THE METROPOL-
ITAN COMMUTER TRANSPORTATION DISTRICT ESTABLISHED BY SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
(C) "TRANSPORTATION NETWORK COMPANY" OR "TNC" MEANS A PERSON, CORPO-
RATION, PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS DULY
LICENSED AS A HIGH-VOLUME FOR-HIRE SERVICE BY THE TAXI AND LIMOUSINE
COMMISSION OF THE CITY AND PERMITTED TO PROVIDE TNC PREARRANGED TRIPS.
(D) "TNC PREARRANGED TRIP" SHALL MEAN THE PROVISION OF TRANSPORTATION
BY A TRANSPORTATION NETWORK COMPANY DRIVER TO A PASSENGER PROVIDED
THROUGH THE USE OF A TNC'S DIGITAL NETWORK:
(I) BEGINNING WHEN A TRANSPORTATION NETWORK COMPANY DRIVER ACCEPTS A
PASSENGER'S REQUEST FOR A TRIP THROUGH A DIGITAL NETWORK CONTROLLED BY A
TRANSPORTATION NETWORK COMPANY;
(II) CONTINUING WHILE THE TRANSPORTATION NETWORK COMPANY DRIVER TRANS-
PORTS THE REQUESTING PASSENGER IN A TNC VEHICLE; AND
(III) ENDING WHEN THE LAST REQUESTING PASSENGER DEPARTS FROM THE TNC
VEHICLE.
THE TERM "TNC PREARRANGED TRIP" DOES NOT INCLUDE TRANSPORTATION
SERVICES THAT ARE ADMINISTERED BY OR ON BEHALF OF THE METROPOLITAN
TRANSPORTATION AUTHORITY, INCLUDING PARATRANSIT SERVICES.
(E) "TNC DRIVER" SHALL MEAN AN INDIVIDUAL WHO:
(I) RECEIVES CONNECTIONS TO POTENTIAL PASSENGERS AND RELATED SERVICES
FROM A TRANSPORTATION NETWORK COMPANY IN EXCHANGE FOR PAYMENT OF A FEE
TO THE TRANSPORTATION NETWORK COMPANY; AND
(II) USES A TNC VEHICLE TO OFFER OR PROVIDE A TNC PREARRANGED TRIP TO
TRANSPORTATION NETWORK COMPANY PASSENGERS UPON CONNECTION THROUGH A
DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK COMPANY IN
EXCHANGE FOR COMPENSATION OR PAYMENT OF A FEE.
(F) "TNC VEHICLE" SHALL MEAN A VEHICLE THAT IS USED BY A TRANSPORTA-
TION NETWORK COMPANY DRIVER TO PROVIDE A TNC PREARRANGED TRIP ORIGINAT-
ING WITHIN THE CITY OF NEW YORK AS LICENSED PURSUANT TO SECTION 19-502
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
(G) "TRANSPORTATION NETWORK COMPANY PASSENGER" OR "PASSENGER" MEANS A
PERSON OR PERSONS WHO USE A TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK TO CONNECT WITH A TRANSPORTATION NETWORK COMPANY DRIVER WHO
PROVIDES TNC PREARRANGED TRIPS TO THE PASSENGER IN THE TNC VEHICLE
BETWEEN POINTS CHOSEN BY THE PASSENGER.
§ 1299-U. IMPOSITION. (A) THERE IS HEREBY IMPOSED ON EVERY TNC A
SURCHARGE FEE OF FIFTY CENTS PER TRIP FOR EVERY TNC PREARRANGED TRIP
PROVIDED BY SUCH TNC THAT ORIGINATES ANYWHERE INSIDE THE CITY AND TERMI-
NATES ANYWHERE IN THE STATE.
(B) THE SURCHARGE FEE IMPOSED BY THIS ARTICLE MUST BE PASSED ALONG TO
PASSENGERS AND SEPARATELY STATED ON ANY RECEIPT THAT IS PROVIDED TO SUCH
PASSENGERS. THE PASSING ALONG OF SUCH SURCHARGE FEE SHALL NOT BE
CONSTRUED BY ANY COURT OR ADMINISTRATIVE BODY AS THE IMPOSITION OF THE
S. 4008--B 197
SURCHARGE FEE ON THE PERSON OR ENTITY THAT PAYS FOR THE TNC PREARRANGED
TRIP. ALL REGULATORY AGENCIES MUST ADJUST ANY FARES THAT ARE AUTHORIZED
BY THEM TO INCLUDE THE SURCHARGE FEE IMPOSED BY THIS ARTICLE, AND MUST
REQUIRE THAT ANY METER OR OTHER INSTRUMENT USED IN ANY TNC VEHICLE REGU-
LATED BY IT TO CALCULATE FARES BE ADJUSTED TO INCLUDE THE SURCHARGE FEE.
§ 1299-V. PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF
THIS ARTICLE AND TO PREVENT EVASION OF THE MTA SURCHARGE FEE IMPOSED BY
THIS ARTICLE, IT SHALL BE PRESUMED THAT EVERY TNC PREARRANGED TRIP THAT
ORIGINATES OR TERMINATES INSIDE THE CITY IS SUBJECT TO THE MTA SURCHARGE
FEE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE CONTRARY IS PROVEN BY THE
PERSON LIABLE FOR THE SURCHARGE FEE.
§ 1299-W. RETURNS AND PAYMENT OF MTA SURCHARGE FEE. (A) EVERY PERSON
LIABLE FOR THE MTA SURCHARGE FEE IMPOSED BY THIS ARTICLE SHALL FILE A
RETURN ON A CALENDAR-QUARTERLY BASIS WITH THE COMMISSIONER. EACH RETURN
SHALL SHOW THE NUMBER OF TNC PREARRANGED TRIPS TOGETHER WITH SUCH OTHER
INFORMATION AS THE COMMISSIONER MAY REQUIRE. THE RETURNS REQUIRED BY
THIS SECTION SHALL BE FILED WITHIN THIRTY DAYS AFTER THE END OF THE
QUARTERLY PERIOD COVERED THEREBY. IF THE COMMISSIONER DEEMS IT NECESSARY
IN ORDER TO ENSURE THE PAYMENT OF THE MTA SURCHARGE FEE IMPOSED BY THIS
ARTICLE, THE COMMISSIONER MAY REQUIRE RETURNS TO BE MADE FOR SHORTER
PERIODS THAN PRESCRIBED BY THE FOREGOING PROVISIONS OF THIS SECTION, AND
UPON SUCH DATES AS THE COMMISSIONER MAY SPECIFY. THE FORM OF RETURNS
SHALL BE PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMA-
TION AS THE COMMISSIONER MAY DEEM NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THIS ARTICLE. THE COMMISSIONER MAY REQUIRE AMENDED RETURNS TO
BE FILED WITHIN THIRTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION
SPECIFIED IN THE NOTICE. THE COMMISSIONER MAY REQUIRE THAT THE RETURNS
BE FILED ELECTRONICALLY.
(B) EVERY PERSON REQUIRED TO FILE A RETURN UNDER THIS ARTICLE SHALL,
AT THE TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL OF
ALL MTA SURCHARGE FEES ON THE CORRECT NUMBER OF TRIPS SUBJECT TO SUCH
SURCHARGE FEE UNDER THIS ARTICLE. THE AMOUNT SO PAYABLE TO THE COMMIS-
SIONER FOR THE PERIOD FOR WHICH A RETURN IS REQUIRED TO BE FILED SHALL
BE DUE AND PAYABLE TO THE COMMISSIONER ON THE DATE SPECIFIED FOR THE
FILING OF THE RETURN FOR SUCH PERIOD, WITHOUT REGARD TO WHETHER A RETURN
IS FILED OR WHETHER THE RETURN THAT IS FILED CORRECTLY SHOWS THE CORRECT
NUMBER OF TRIPS. THE COMMISSIONER MAY REQUIRE THAT THE SURCHARGE FEE BE
PAID ELECTRONICALLY.
§ 1299-X. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE MTA
SURCHARGE FEE IMPOSED BY THIS ARTICLE SHALL KEEP:
(A) RECORDS OF EVERY TNC PREARRANGED TRIP SUBJECT TO THE MTA SURCHARGE
FEE UNDER THIS ARTICLE IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE;
(B) TRUE AND COMPLETE COPIES, INCLUDING ELECTRONIC COPIES, OF ANY
RECORDS REQUIRED TO BE KEPT BY A STATE AGENCY THAT IS AUTHORIZED TO
PERMIT OR REGULATE A TNC; AND
(C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE
TO PERFORM HIS OR HER DUTIES UNDER THIS ARTICLE.
§ 1299-Y. SECRECY OF RETURNS AND REPORTS. THE PROVISIONS OF SECTION
TWELVE HUNDRED NINETY-SEVEN OF THIS CHAPTER SHALL APPLY TO RETURNS AND
REPORTS UNDER THIS ARTICLE IN THE SAME MANNER AND WITH THE SAME FORCE
AND EFFECT AS IF THE LANGUAGE OF SUCH SECTION TWELVE HUNDRED NINETY-SEV-
EN OF THIS CHAPTER HAD BEEN INCORPORATED IN FULL INTO THIS ARTICLE AND
HAD EXPRESSLY REFERRED TO THE MTA SURCHARGE FEE UNDER THIS ARTICLE,
EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS EITHER INCONSISTENT WITH
A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT TO THIS ARTICLE.
S. 4008--B 198
§ 1299-Z. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-
SEVEN OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE ADMINISTRATION OF
AND PROCEDURE WITH RESPECT TO THE MTA SURCHARGE FEE IMPOSED BY THIS
ARTICLE IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF SUCH ARTICLE TWENTY-SEVEN HAD BEEN INCORPORATED IN FULL INTO
THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE MTA SURCHARGE FEE UNDER
THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS EITHER
INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT TO THIS
ARTICLE.
§ 1299-AA. DEPOSIT AND DISPOSITION OF REVENUE. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY: (A) ALL FEES, SURCHARGES, TAXES,
INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER PURSU-
ANT TO THIS ARTICLE SHALL BE DEPOSITED DAILY WITH SUCH RESPONSIBLE
BANKS, BANKING HOUSES OR TRUST COMPANIES, AS MAY BE DESIGNATED BY THE
COMPTROLLER, IN TRUST FOR THE CREDIT OF THE METROPOLITAN TRANSPORTATION
AUTHORITY. AN ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE OF SUCH DEPOSI-
TORIES. SUCH DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER
MONEY IN THE POSSESSION OF THE COMPTROLLER. THE COMPTROLLER SHALL
REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITORIES. OF THE TOTAL
REVENUE COLLECTED OR RECEIVED UNDER THIS SECTION, THE COMPTROLLER SHALL
RETAIN IN THE COMPTROLLER'S HANDS SUCH AMOUNT AS THE COMMISSIONER MAY
DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS ARTICLE. THE COMMIS-
SIONER IS AUTHORIZED AND DIRECTED TO DEDUCT FROM SUCH AMOUNTS COLLECTED
OR RECEIVED UNDER THIS ARTICLE, BEFORE DEPOSIT INTO THE ACCOUNTS SPECI-
FIED BY THE COMPTROLLER, A REASONABLE AMOUNT NECESSARY TO EFFECTUATE
REFUNDS OF APPROPRIATIONS OF THE DEPARTMENT TO REIMBURSE THE DEPARTMENT
FOR THE COSTS TO ADMINISTER, COLLECT AND DISTRIBUTE THE TAXES IMPOSED BY
THIS ARTICLE.
(B) ON OR BEFORE THE TWELFTH DAY FOLLOWING THE END OF EACH MONTH,
AFTER RESERVING SUCH AMOUNT FOR SUCH REFUNDS AND SUCH COSTS, THE COMMIS-
SIONER SHALL CERTIFY TO THE COMPTROLLER THE AMOUNT OF ALL REVENUES SO
RECEIVED PURSUANT TO THIS ARTICLE DURING THE PRIOR MONTH AS A RESULT OF
THE TAXES, INTEREST AND PENALTIES SO IMPOSED.
(C) BY THE FIFTEENTH DAY OF THE LAST MONTH OF EACH CALENDAR QUARTER
THE COMPTROLLER SHALL PAY OVER THE AMOUNT OF REVENUES FROM THE PRIOR
THREE MONTHS IN TOTAL SO CERTIFIED BY THE COMMISSIONER, WITHOUT APPRO-
PRIATION, INTO THE CORPORATE TRANSPORTATION ACCOUNT OF THE METROPOLITAN
TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE FUND ESTABLISHED BY SECTION
TWELVE HUNDRED SEVENTY-A OF THE PUBLIC AUTHORITIES LAW TO BE APPLIED AS
PROVIDED IN PARAGRAPH (E) OF SUBDIVISION FOUR OF SUCH SECTION TWELVE
HUNDRED SEVENTY-A. ANY MONEY COLLECTED PURSUANT TO THIS ARTICLE THAT IS
DEPOSITED BY THE COMPTROLLER IN THE CORPORATE TRANSPORTATION ACCOUNT OF
THE METROPOLITAN TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE FUND SHALL
BE HELD IN SUCH FUND FREE AND CLEAR OF ANY CLAIM BY ANY PERSON OR ENTITY
PAYING THE TAX PURSUANT TO THIS ARTICLE, INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ANY RIGHT OR CLAIM AGAINST THE METROPOLITAN
TRANSPORTATION AUTHORITY, ANY OF ITS BONDHOLDERS, OR ANY SUBSIDIARY OR
AFFILIATE OF THE METROPOLITAN TRANSPORTATION AUTHORITY.
§ 4. This act shall take effect the first of June next succeeding the
date on which it shall have become a law and shall apply to prearranged
trips provided by TNCs on or after such date.
§ 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
S. 4008--B 199
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 FFFF of this act shall
be as specifically set forth in the last section of such Parts.