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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 22, 2025 |
referred to finance |
Senate Bill S3008
2025-2026 Legislative Session
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2025-2026 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S3008 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3008
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-S3008 (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2025-2026 state fiscal year; relates to the waterfront commission act; makes amendments to change "applicant" to licensee or registrant (Part A); provides for mass transportation payments to the Central New York Regional Transportation District
2025-S3008 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3008 A. 3008
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the executive law, in relation to the Waterfront Commis-
sion Act (Part A); to amend part I of chapter 413 of the laws of 1999
relating to providing for mass transportation payments in relation to
the amount of payments in the Central New York Regional Transporta-
tion District and adding Cortland County to such District (Part B); to
amend chapter 368 of the laws of 2019 amending the vehicle and traffic
law and state finance law relating to establishing a pre-licensing
course internet program, in relation to extending the effectiveness
thereof (Part C); to amend the vehicle and traffic law, in relation to
abandoned vehicles (Part D); to amend the vehicle and traffic law, in
relation to expanding the definition of what constitutes drugged
impaired driving, penalizing refusals to submit to preliminary screen-
ing tests, authorizing prompt license suspensions for drugged driving
arrests and expanding situations in which chemical tests can be
compelled (Part E); to amend the vehicle and traffic law, in relation
to improving safety at elementary school intersections (Part F); to
amend the vehicle and traffic law, in relation to bicycles with elec-
tric assist (Part G); to amend the vehicle and traffic law, in
relation to maximum speed limits for bicycles, bicycles with electric
assist, electronic scooters and other devices authorized or required
to use bicycle lanes (Part H); to amend part PP of chapter 54 of the
laws of 2016, amending the public authorities law and the general
municipal law relating to the New York transit authority and the
metropolitan transportation authority, in relation to extending
provisions of law relating to certain tax increment financing
provisions (Part I); to amend chapter 929 of the laws of 1986 amending
the tax law and other laws relating to the metropolitan transportation
authority, in relation to extending certain provisions thereof appli-
cable to the resolution of labor disputes (Part J); to amend the
public authorities law, in relation to acquisitions or transfers of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12573-01-5
S. 3008 2 A. 3008
property for certain transit projects; and to amend part VVV of chap-
ter 58 of the laws of 2020 amending the public authorities law relat-
ing to acquisitions or transfers of property for transit projects, in
relation to the effectiveness thereof (Part K); to amend part UUU of
chapter 58 of the laws of 2020 amending the state finance law relating
to providing funding for the Metropolitan Transportation Authority
2020-2024 capital program and paratransit operating expenses, in
relation to funding for net paratransit operating expenses and in
relation to the effectiveness thereof (Part L); to amend the state
finance law, in relation to providing funding for the metropolitan
transportation authority 2025-2029 capital program (Part M); to amend
the vehicle and traffic law and the public officers law, in relation
to authorizing covered agencies and authorities to use weigh-in-motion
technology to automatically enforce vehicle weight limits on their
facilities (Part N); to amend the vehicle and traffic law, in relation
to bus operation-related traffic regulations (Part O); to amend the
vehicle and traffic law and the administrative code of the city of New
York, in relation to the authorization of a surcharge for the issuance
of permits relating to the obstruction or closure of a street or
pedestrian plaza for construction purposes in a city having a popu-
lation of one million or more and to the imposition of such surcharge
(Part P); to amend the vehicle and traffic law and the public officers
law, in relation to the speed violation photo monitoring systems
program in work zones including authorizing a photo monitoring program
for the Triborough bridge and tunnel authority and New York state
bridge authority; to amend the state finance law, in relation to
establishing a work zone speed camera administration fund; and to
amend chapter 421 of the laws of 2021 amending the vehicle and traffic
law and the general municipal law relating to certain notices of
liability, in relation to making such provisions permanent (Part Q);
to amend the penal law and the vehicle and traffic law, in relation to
expanding enhanced assault protection for motor vehicle license exam-
iners, motor vehicle representatives, highway workers, motor carrier
investigators, motor carrier inspectors, and triborough bridge and
tunnel authority workers (Part R); 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 demon-
stration project, in relation to the effectiveness thereof (Part S);
to amend the public authorities law, in relation to authorizing the
Olympic regional development authority to enter into agreements for
membership of one or more of its ski venues in reciprocal ski pass
programs where such members are required to guarantee contractual
indemnity up to a capped amount (Part T); to amend the general busi-
ness law, in relation to artificial intelligence companion models
(Part U); to amend the general business law, in relation to refund
policies (Part V); to amend the general business law, in relation to
automatic renewals (Part W); to amend the general business law, in
relation to requiring disclosure of algorithmically set prices (Part
X); to amend the banking law, in relation to the regulation of buy-
now-pay-later lenders (Part Y); to amend the insurance law, in
relation to disclosure of pharmacy benefit manager rebate contracts
(Part Z); to amend the general business law, the banking law, and the
social services law, in relation to protecting eligible adults from
financial exploitation (Part AA); to amend the insurance law, in
relation to for hire group insurance (Part BB); to amend the insurance
law, in relation to for hire motor vehicle insurance rates (Part CC);
S. 3008 3 A. 3008
to amend the insurance law, in relation to rates for livery insurance
(Part DD); to amend the New York state urban development corpo-
ration act, in relation to extending the authority of the New York
state urban development corporation to administer the empire state
economic development fund (Part EE); to amend chapter 393 of the laws
of 1994, amending the New York state urban development corporation
act, relating to the powers of the New York state urban development
corporation to make loans, in relation to extending loan powers (Part
FF); to amend part BB of chapter 58 of the laws of 2012, amending the
public authorities law, relating to authorizing the dormitory authori-
ty to enter into certain design and construction management agree-
ments, in relation to the effectiveness thereof (Part GG); in relation
to enacting the private activity bond allocation act of 2025; and
providing for the repeal of certain provisions upon expiration thereof
(Part HH); to amend the public authorities law, in relation to the
construction and financing of public libraries (Part II); to amend the
public authorities law, in relation to authorizing the dormitory
authority to provide additional services to local governments and the
department of environmental conservation (Part JJ); to amend chapter
261 of the laws of 1988, amending the state finance law and other laws
relating to the New York state infrastructure trust fund, in relation
to the effectiveness thereof (Part KK); to amend the state finance
law, in relation to the excelsior linked deposit program (Part LL); to
amend the state finance law and the public authorities law, in
relation to purchasing thresholds (Part MM); to amend the insurance
law, the public authorities law and the tax law, in relation to
authorizing certain New York state and local authorities to create a
pure or group captive insurance company (Part NN); to amend the agri-
culture and markets law, in relation to farmland protection (Part OO);
to amend the environmental conservation law, in relation to extending
the waste tire management fee for five years and removing the exclu-
sion for mail order sales (Part PP); to amend chapter 55 of the laws
of 2021 amending the environmental conservation law relating to estab-
lishing a deer hunting pilot program, in relation to extending
provisions of the youth deer hunting program (Part QQ); to amend the
environmental conservation law, the state finance law and the public
authorities law, in relation to the inactive hazardous waste disposal
site program (Part RR); to amend the general business law, in relation
to prohibiting the sale and manufacturing of firefighting personal
protective equipment containing intentionally added PFAS (Part SS); to
amend the environmental conservation law, in relation to authorizing
the commissioner of environmental conservation to acquire conservation
easements without attorney general approval (Subpart A); and to amend
the tax law, in relation to exemptions for any not-for-profit tax
exempt corporation operated for conservation, environmental, parks or
historic preservation purposes (Subpart B) (Part TT); to amend the
environmental conservation law, in relation to the management of crabs
(Part UU); in relation to authorizing the New York state energy
research and development authority to finance a portion of its
research, development and demonstration, policy and planning, and Fuel
NY program, as well as climate change related expenses of the depart-
ment of environmental conservation from an assessment on gas and elec-
tric corporations (Part VV); to amend abandoned property law, in
relation to ensuring ESCOs are subject to the same consumer protection
regulations regarding unclaimed deposits and refunds currently facing
utility companies (Part WW); to authorize utility and cable television
S. 3008 4 A. 3008
assessments that provide funds to the department of health from cable
television assessment revenues and to the department of agriculture
and markets, department of state, the office of parks, recreation and
historic preservation, and the department of environmental conserva-
tion from utility assessment revenues; and providing for the repeal of
such provisions upon expiration thereof (Part XX); to amend the
general business law and the state finance law, in relation to
increasing and redirecting civil penalties for failing to comply with
the department of public service's prescribed rules and regulations
established for the protection of underground facilities (Part YY);
and to amend the tax law, in relation to authorizing the department of
taxation and finance to disclose certain information to the department
of environmental conservation or the New York state energy research
and development authority for the purpose of implementing the New York
state climate leadership and community protection act (Part ZZ)
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 2025-2026 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through ZZ. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Paragraph (a) of subdivision 4 of section 534-n of the
executive law, as added by section 2 of part L of chapter 58 of the laws
of 2024, is amended to read as follows:
(a) The commission may temporarily suspend a permit, license or regis-
tration pursuant to the provisions of this subdivision until further
order of the commission or final disposition of the underlying case,
[only] where the permittee, licensee or registrant has been indicted
for, or otherwise charged with, a crime which is equivalent to a felony
in the state of New York or any crime punishable by death or imprison-
ment for a term exceeding three hundred sixty-four days or [only] where
the permittee or licensee is a security officer who is charged by the
commission pursuant to this section with misappropriating any other
person's property at or on a pier or other waterfront terminal.
§ 2. Subdivisions 6 and 7 of section 534-u of the executive law, as
added by section 2 of part L of chapter 58 of the laws of 2024, are
amended to read as follows:
6. Association with a person who has been identified by a federal,
state, or local law enforcement agency as a member or associate of an
organized crime group, a terrorist group, or a career offender cartel,
or who is a career offender, under circumstances where such association
creates a reasonable belief that the participation of the [applicant]
S. 3008 5 A. 3008
LICENSEE OR REGISTRANT in any activity required to be licensed under
this act would be inimical to the policies of this article, provided
however that association without the requisite showing of inimicality as
set forth herein shall be insufficient grounds for revocation; or
7. Conviction of a racketeering activity or knowing association with a
person who has been convicted of a racketeering activity by a court of
the United States or any state or territory thereof under circumstances
where such association creates a reasonable belief that the partic-
ipation of the [applicant] LICENSEE OR REGISTRANT in any activity
required to be licensed under this act would be inimical to the policies
of this article, provided, however, that association without the requi-
site showing of inimicality as set forth herein shall be insufficient
grounds for revocation.
§ 3. This act shall take effect immediately.
PART B
Section 1. Section 1 of part I of chapter 413 of the laws of 1999
relating to providing for mass transportation payments, as amended by
section 1 of part E of chapter 58 of the laws of 2024, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
S. 3008 6 A. 3008
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... 54.05
Rensselaer ................... 22.45
Saratoga ..................... 3.95
Schenectady .................. 15.90
Montgomery ................... 1.44
Warren ....................... 2.21
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... [5.11] 5.05
Onondaga ..................... [75.83] 74.94
Oswego ....................... [2.85] 2.82
Oneida ....................... [16.21] 16.02
CORTLAND..................... 1.17
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
S. 3008 7 A. 3008
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
S. 3008 8 A. 3008
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART C
Section 1. Section 6 of chapter 368 of the laws of 2019 amending the
vehicle and traffic law and state finance law relating to establishing a
pre-licensing course internet program, is amended to read as follows:
§ 6. This act shall take effect June 30, 2020 and shall expire and be
deemed repealed June 30, [2025] 2030; provided, however, that the amend-
ments to paragraph (a) of subdivision 3 of section 89-b of the state
finance law made by section four of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 13 of
part U1 of chapter 62 of the laws of 2003, as amended, when upon such
date the provisions of section five of this act shall take effect.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
§ 2. This act shall take effect immediately.
PART D
Section 1. Paragraph (a) of subdivision 1 of section 1224 of the vehi-
cle and traffic law, as amended by chapter 795 of the laws of 1974, is
amended to read as follows:
S. 3008 9 A. 3008
(a) with no number plates affixed thereto, for more than [six] THREE
hours on any highway or other public place;
§ 2. Subdivision 2 of section 1224 of the vehicle and traffic law, as
amended by chapter 540 of the laws of 2002, is amended to read as
follows:
2. If an abandoned vehicle, at the time of abandonment, has no number
plates affixed and is of a wholesale value, taking into consideration
the condition of the vehicle, of [one thousand two hundred fifty] THREE
THOUSAND FIVE HUNDRED dollars or less, ownership shall immediately vest
in the local authority having jurisdiction thereof and title to the
vehicle shall vest in accordance with applicable law and regulations of
the commissioner, provided however that a local authority shall not be
required to obtain title to an abandoned vehicle that is subject to the
provisions of this subdivision if the vehicle will be sold or otherwise
disposed of as junk or salvage, dismantled for use other than as a motor
vehicle, or otherwise destroyed.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART E
Section 1. Section 114-a of the vehicle and traffic law, as amended by
chapter 92 of the laws of 2021, is amended to read as follows:
§ 114-a. Drug. The term "drug" when used in this chapter, means and
includes any substance listed in section thirty-three hundred six of the
public health law and cannabis and concentrated cannabis as defined in
section 222.00 of the penal law AND ANY SUBSTANCE OR COMBINATION OF
SUBSTANCES THAT IMPAIR PHYSICAL OR MENTAL ABILITIES TO ANY EXTENT.
§ 2. The vehicle and traffic law is amended by adding two new sections
119-a-1 and 119-b-1 to read as follows:
§ 119-A-1. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS CONSUMED
OR INGESTED A SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT
THE DRIVER HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND/OR MENTAL ABIL-
ITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHI-
CLE AS A REASONABLE AND PRUDENT PERSON.
§ 119-B-1. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIR-
MENT WHICH IS REACHED WHEN A DRIVER HAS CONSUMED OR INGESTED A SUBSTANCE
OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS INCAPABLE,
TO A SUBSTANTIAL EXTENT, OF EMPLOYING THE PHYSICAL AND/OR MENTAL ABILI-
TIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE
AS A REASONABLE AND PRUDENT PERSON.
§ 3. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and traf-
fic law, as added by chapter 47 of the laws of 1988, paragraph (a) of
subdivision 2 as amended by chapter 196 of the laws of 1996, paragraphs
(b) and (c) of subdivision 2 as amended by chapter 489 of the laws of
2017, clause (A) of subparagraph 1, subparagraphs 2 and 3 of paragraph
(b), subparagraphs 1, 2 and 3 of paragraph (c) of subdivision 2 as
amended by chapter 27 of the laws of 2018, subparagraphs 1 and 2 of
paragraph (d) of subdivision 2 as amended by chapter 732 of the laws of
2006, and item (iii) of clause c of subparagraph 1 of paragraph (d) of
subdivision 2 as amended by section 37 of part LL of chapter 56 of the
laws of 2010, are amended to read as follows:
1. Arrest and field testing. (a) Arrest. Notwithstanding the
provisions of section 140.10 of the criminal procedure law, a police
officer may, without a warrant, arrest a person, in case of a violation
of subdivision one of section eleven hundred ninety-two of this article,
S. 3008 10 A. 3008
if such violation is coupled with an accident or collision in which such
person is involved, which in fact has been committed, though not in the
police officer's presence, when the officer has reasonable cause to
believe that the violation was committed by such person.
(b) Field testing. Every person operating a motor vehicle which has
been involved in an accident or which is operated in violation of any of
the provisions of this chapter shall, at the request of a police offi-
cer, submit to a breath test AND ORAL/BODILY FLUID TEST to be adminis-
tered by the police officer. If such test indicates that such operator
has consumed alcohol OR A DRUG OR DRUGS, the police officer may request
such operator to submit to a chemical test AND AN EVALUATION CONDUCTED
BY A DRUG RECOGNITION EXPERT in the manner set forth in subdivision two
of this section.
(C) REFUSAL TO SUBMIT TO A BREATH TEST OR ORAL/BODILY FLUID TEST
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE A TRAFFIC INFRAC-
TION, SUBJECT TO PENALTIES AS DEFINED IN SECTION EIGHTEEN HUNDRED OF
THIS CHAPTER.
2. Chemical tests AND DRUG RECOGNITION EVALUATIONS. (a) When author-
ized. Any person who operates a motor vehicle in this state shall be
deemed to have given consent to AN EVALUATION CONDUCTED BY A DRUG RECOG-
NITION EXPERT, AND a chemical test of one or more of the following:
breath, blood, urine, or [saliva] ORAL/BODILY FLUID, for the purpose of
determining the alcoholic and/or drug content [of the blood] WITHIN SUCH
PERSON'S BODY, provided that such test is administered by or at the
direction of a police officer with respect to a chemical test of breath,
urine or [saliva] ORAL/BODILY FLUID or, with respect to a chemical test
of blood, at the direction of a police officer:
(1) having reasonable grounds to believe such person to have been
operating in violation of any subdivision of section eleven hundred
ninety-two of this article and within two hours after such person has
been placed under arrest for any such violation; or having reasonable
grounds to believe such person to have been operating in violation of
section eleven hundred ninety-two-a of this article and within two hours
after the stop of such person for any such violation,
(2) within two hours after a breath test, OR ORAL/BODILY FLUID TEST,
as provided in paragraph (b) of subdivision one of this section, indi-
cates that alcohol AND/OR A DRUG OR DRUGS has been consumed by such
person and in accordance with the rules and regulations established by
the police force of which the officer is a member;
(3) for the purposes of this paragraph, "reasonable grounds" to
believe that a person has been operating a motor vehicle after having
consumed alcohol in violation of section eleven hundred ninety-two-a of
this article shall be determined by viewing the totality of circum-
stances surrounding the incident which, when taken together, indicate
that the operator was driving in violation of such subdivision. Such
circumstances may include any visible or behavioral indication of alco-
hol consumption by the operator, the existence of an open container
containing or having contained an alcoholic beverage in or around the
vehicle driven by the operator, or any other evidence surrounding the
circumstances of the incident which indicates that the operator has been
operating a motor vehicle after having consumed alcohol at the time of
the incident; or
(4) notwithstanding any other provision of law to the contrary, no
person under the age of twenty-one shall be arrested for an alleged
violation of section eleven hundred ninety-two-a of this article.
However, a person under the age of twenty-one for whom a chemical test
S. 3008 11 A. 3008
OR AN EVALUATION CONDUCTED BY A DRUG RECOGNITION EXPERT is authorized
pursuant to this paragraph may be temporarily detained by the police
solely for the purpose of requesting or administering such chemical test
OR AN EVALUATION CONDUCTED BY A DRUG RECOGNITION EXPERT whenever arrest
without a warrant for a petty offense would be authorized in accordance
with the provisions of section 140.10 of the criminal procedure law or
paragraph (a) of subdivision one of this section.
(b) Report of refusal. (1) If: (A) such person having been placed
under arrest; or (B) after a breath OR ORAL/BODILY FLUID test indicates
the presence of alcohol AND/OR A DRUG OR DRUGS in the person's system;
or (C) with regard to a person under the age of twenty-one, there are
reasonable grounds to believe that such person has been operating a
motor vehicle after having consumed alcohol in violation of section
eleven hundred ninety-two-a of this article; and having thereafter been
requested to submit to such chemical test OR AN EVALUATION CONDUCTED BY
A DRUG RECOGNITION EXPERT and having been informed that the person's
license or permit to drive and any non-resident operating privilege
shall be immediately suspended and subsequently revoked, or, for opera-
tors under the age of twenty-one for whom there are reasonable grounds
to believe that such operator has been operating a motor vehicle after
having consumed alcohol in violation of section eleven hundred ninety-
two-a of this article, shall be revoked for refusal to submit to such
chemical test or any portion thereof, OR AN EVALUATION CONDUCTED BY A
DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF whether or not the person
is found guilty of the charge for which such person is arrested or
detained, refuses to submit to such chemical test or any portion there-
of, [unless a court order has been granted pursuant to subdivision three
of this section,] OR AN EVALUATION CONDUCTED BY A DRUG RECOGNITION
EXPERT OR ANY PORTION THEREOF, the test shall not be given and a written
report of such refusal shall be immediately made by the police officer
before whom such refusal was made. Such report may be verified by having
the report sworn to, or by affixing to such report a form notice that
false statements made therein are punishable as a class A misdemeanor
pursuant to section 210.45 of the penal law and such form notice togeth-
er with the subscription of the deponent shall constitute a verification
of the report.
(2) The report of the police officer shall set forth reasonable
grounds to believe such arrested person or such detained person under
the age of twenty-one had been driving in violation of any subdivision
of section eleven hundred ninety-two or eleven hundred ninety-two-a of
this article, that said person had refused to submit to such chemical
test, [and that no chemical test was administered pursuant to the
requirements of subdivision three of this section] OR AN EVALUATION
CONDUCTED BY A DRUG RECOGNITION EXPERT, OR ANY PORTION THEREOF. The
report shall be presented to the court upon arraignment of an arrested
person, provided, however, in the case of a person under the age of
twenty-one, for whom a test was authorized pursuant to the provisions of
subparagraph two or three of paragraph (a) of this subdivision, and who
has not been placed under arrest for a violation of any of the
provisions of section eleven hundred ninety-two of this article, such
report shall be forwarded to the commissioner within forty-eight hours
in a manner to be prescribed by the commissioner, and all subsequent
proceedings with regard to refusal to submit to such chemical test OR AN
EVALUATION CONDUCTED BY A DRUG RECOGNITION EXPERT by such person shall
be as set forth in subdivision three of section eleven hundred ninety-
four-a of this article.
S. 3008 12 A. 3008
(3) For persons placed under arrest for a violation of any subdivision
of section eleven hundred ninety-two of this article, the license or
permit to drive and any non-resident operating privilege shall, upon the
basis of such written report, be temporarily suspended by the court
without notice pending the determination of a hearing as provided in
paragraph (c) of this subdivision. Copies of such report must be trans-
mitted by the court to the commissioner and such transmittal may not be
waived even with the consent of all the parties. Such report shall be
forwarded to the commissioner within forty-eight hours of such arraign-
ment.
(4) The court or the police officer, in the case of a person under the
age of twenty-one alleged to be driving after having consumed alcohol,
shall provide such person with a scheduled hearing date, a waiver form,
and such other information as may be required by the commissioner. If a
hearing, as provided for in paragraph (c) of this subdivision, or subdi-
vision three of section eleven hundred ninety-four-a of this article, is
waived by such person, the commissioner shall immediately revoke the
license, permit, or non-resident operating privilege, as of the date of
receipt of such waiver in accordance with the provisions of paragraph
(d) of this subdivision.
(c) Hearings. Any person whose license or permit to drive or any non-
resident driving privilege has been suspended pursuant to paragraph (b)
of this subdivision is entitled to a hearing in accordance with a hear-
ing schedule to be promulgated by the commissioner. If the department
fails to provide for such hearing fifteen days after the date of the
arraignment of the arrested person, the license, permit to drive or
non-resident operating privilege of such person shall be reinstated
pending a hearing pursuant to this section. The hearing shall be limited
to the following issues: (1) did the police officer have reasonable
grounds to believe that such person had been driving in violation of any
subdivision of section eleven hundred ninety-two of this article; (2)
did the police officer make a lawful arrest of such person; (3) was such
person given sufficient warning, in clear or unequivocal language, prior
to such refusal that such refusal to submit to such chemical test or any
portion thereof, OR AN EVALUATION CONDUCTED BY A DRUG RECOGNITION EXPERT
OR ANY PORTION THEREOF, would result in the immediate suspension and
subsequent revocation of such person's license or operating privilege
whether or not such person is found guilty of the charge for which the
arrest was made; and (4) did such person refuse to submit to such chemi-
cal test or any portion thereof, OR AN EVALUATION CONDUCTED BY A DRUG
RECOGNITION EXPERT OR ANY PORTION THEREOF. If, after such hearing, the
hearing officer, acting on behalf of the commissioner, finds on any one
of said issues in the negative, the hearing officer shall immediately
terminate any suspension arising from such refusal. If, after such hear-
ing, the hearing officer, acting on behalf of the commissioner finds all
of the issues in the affirmative, such officer shall immediately revoke
the license or permit to drive or any non-resident operating privilege
in accordance with the provisions of paragraph (d) of this subdivision.
A person who has had a license or permit to drive or non-resident oper-
ating privilege suspended or revoked pursuant to this subdivision may
appeal the findings of the hearing officer in accordance with the
provisions of article three-A of this chapter. Any person may waive the
right to a hearing under this section. Failure by such person to appear
for the scheduled hearing shall constitute a waiver of such hearing,
provided, however, that such person may petition the commissioner for a
new hearing which shall be held as soon as practicable.
S. 3008 13 A. 3008
(d) Sanctions. (1) Revocations. a. Any license which has been revoked
pursuant to paragraph (c) of this subdivision shall not be restored for
at least one year after such revocation, nor thereafter, except in the
discretion of the commissioner. However, no such license shall be
restored for at least eighteen months after such revocation, nor there-
after except in the discretion of the commissioner, in any case where
the person has had a prior revocation resulting from refusal to submit
to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOG-
NITION EXPERT OR ANY PORTION THEREOF, or has been convicted of or found
to be in violation of any subdivision of section eleven hundred ninety-
two or section eleven hundred ninety-two-a of this article not arising
out of the same incident, within the five years immediately preceding
the date of such revocation; provided, however, a prior finding that a
person under the age of twenty-one has refused to submit to a chemical
test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT
OR ANY PORTION THEREOF pursuant to subdivision three of section eleven
hundred ninety-four-a of this article shall have the same effect as a
prior finding of a refusal pursuant to this subdivision solely for the
purpose of determining the length of any license suspension or revoca-
tion required to be imposed under any provision of this article,
provided that the subsequent offense or refusal is committed or occurred
prior to the expiration of the retention period for such prior refusal
as set forth in paragraph (k) of subdivision one of section two hundred
one of this chapter.
b. Any license which has been revoked pursuant to paragraph (c) of
this subdivision or pursuant to subdivision three of section eleven
hundred ninety-four-a of this article, where the holder was under the
age of twenty-one years at the time of such refusal, shall not be
restored for at least one year, nor thereafter, except in the discretion
of the commissioner. Where such person under the age of twenty-one years
has a prior finding, conviction or youthful offender adjudication
resulting from a violation of section eleven hundred ninety-two or
section eleven hundred ninety-two-a of this article, not arising from
the same incident, such license shall not be restored for at least one
year or until such person reaches the age of twenty-one years, whichever
is the greater period of time, nor thereafter, except in the discretion
of the commissioner.
c. Any commercial driver's license which has been revoked pursuant to
paragraph (c) of this subdivision based upon a finding of refusal to
submit to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
RECOGNITION EXPERT OR ANY PORTION THEREOF, where such finding occurs
within or outside of this state, shall not be restored for at least
eighteen months after such revocation, nor thereafter, except in the
discretion of the commissioner, but shall not be restored for at least
three years after such revocation, nor thereafter, except in the
discretion of the commissioner, if the holder of such license was oper-
ating a commercial motor vehicle transporting hazardous materials at the
time of such refusal. However, such person shall be permanently disqual-
ified from operating a commercial motor vehicle in any case where the
holder has a prior finding of refusal to submit to a chemical test OR AN
EVALUATION THEREOF CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT OR
ANY PORTION THEREOF pursuant to this section or has a prior conviction
of any of the following offenses: any violation of section eleven
hundred ninety-two of this article; any violation of subdivision one or
two of section six hundred of this chapter; or has a prior conviction of
any felony involving the use of a motor vehicle pursuant to paragraph
S. 3008 14 A. 3008
(a) of subdivision one of section five hundred ten-a of this chapter.
Provided that the commissioner may waive such permanent revocation after
a period of ten years has expired from such revocation provided:
(i) that during such ten year period such person has not been found to
have refused a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED
DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section
and has not been convicted of any one of the following offenses: any
violation of section eleven hundred ninety-two of this article; refusal
to submit to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED
DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section;
any violation of subdivision one or two of section six hundred of this
chapter; or has a prior conviction of any felony involving the use of a
motor vehicle pursuant to paragraph (a) of subdivision one of section
five hundred ten-a of this chapter;
(ii) that such person provides acceptable documentation to the commis-
sioner that such person is not in need of alcohol or drug treatment or
has satisfactorily completed a prescribed course of such treatment; and
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities or a certificate of good
conduct pursuant to article twenty-three of the correction law by the
court in which such person was last penalized.
d. Upon a third finding of refusal and/or conviction of any of the
offenses which require a permanent commercial driver's license revoca-
tion, such permanent revocation may not be waived by the commissioner
under any circumstances.
(2) Civil penalties. Except as otherwise provided, any person whose
license, permit to drive, or any non-resident operating privilege is
revoked pursuant to the provisions of this section shall also be liable
for a civil penalty in the amount of five hundred dollars except that if
such revocation is a second or subsequent revocation pursuant to this
section issued within a five year period, or such person has been
convicted of a violation of any subdivision of section eleven hundred
ninety-two of this article within the past five years not arising out of
the same incident, the civil penalty shall be in the amount of seven
hundred fifty dollars. Any person whose license is revoked pursuant to
the provisions of this section based upon a finding of refusal to submit
to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOG-
NITION EXPERT OR ANY PORTION THEREOF while operating a commercial motor
vehicle shall also be liable for a civil penalty of five hundred fifty
dollars except that if such person has previously been found to have
refused a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section while
operating a commercial motor vehicle or has a prior conviction of any of
the following offenses while operating a commercial motor vehicle: any
violation of section eleven hundred ninety-two of this article; any
violation of subdivision two of section six hundred of this chapter; or
has a prior conviction of any felony involving the use of a commercial
motor vehicle pursuant to paragraph (a) of subdivision one of section
five hundred ten-a of this chapter, then the civil penalty shall be
seven hundred fifty dollars. No new driver's license or permit shall be
issued, or non-resident operating privilege restored to such person
unless such penalty has been paid. All penalties collected by the
department pursuant to the provisions of this section shall be the prop-
erty of the state and shall be paid into the general fund of the state
treasury.
S. 3008 15 A. 3008
(3) Effect of rehabilitation program. No period of revocation arising
out of this section may be set aside by the commissioner for the reason
that such person was a participant in the alcohol and drug rehabili-
tation program set forth in section eleven hundred ninety-six of this
article.
(e) Regulations. The commissioner shall promulgate such rules and
regulations as may be necessary to effectuate the provisions of subdivi-
sions one and two of this section.
(f) Evidence. Evidence of a refusal to submit to such chemical test or
any portion thereof OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
RECOGNITION EXPERT OR ANY PORTION THEREOF shall be admissible in any
trial, proceeding or hearing based upon a violation of the provisions of
section eleven hundred ninety-two of this article but only upon a show-
ing that the person was given sufficient warning, in clear and unequiv-
ocal language, of the effect of such refusal and that the person
persisted in the refusal. EVIDENCE OF A REFUSAL SHALL BE ADMISSIBLE
PURSUANT TO THIS SECTION REGARDLESS OF THE TIME OF THE REFUSAL.
(g) Results. Upon the request of the person who was tested, the
results of such test shall be made available to such person.
3. Compulsory chemical tests. (a) Court ordered chemical tests.
Notwithstanding the provisions of subdivision two of this section, no
person who operates a motor vehicle in this state may refuse to submit
to a chemical test of one or more of the following: breath, blood, urine
or [saliva] ORAL/BODILY FLUIDS, for the purpose of determining the alco-
holic and/or drug content of the blood OR ORAL/BODILY FLUIDS when a
court order for such chemical test has been issued in accordance with
the provisions of this subdivision.
(b) When authorized. Upon refusal by any person to submit to a chemi-
cal test or any portion thereof as described above, the test shall not
be given unless a police officer or a district attorney, as defined in
subdivision thirty-two of section 1.20 of the criminal procedure law,
requests and obtains a court order to compel a person to submit to a
chemical test to determine the alcoholic or drug content of the person's
blood OR ORAL/BODILY FLUIDS upon a finding of reasonable cause to
believe that:
(1) such person was the operator of a motor vehicle and in the course
of such operation [a person other than the operator was killed or
suffered serious physical injury as defined in section 10.00 of the
penal law] THE MOTOR VEHICLE WAS INVOLVED IN A CRASH; OR PERSONAL INJURY
HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO AN INCIDENT INVOLVING THE
MOTOR VEHICLE OPERATED BY SUCH PERSON; OR SUCH PERSON HAS A PREVIOUS
CONVICTION FOR A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE; and
(2) a. either such person operated the vehicle in violation of any
subdivision of section eleven hundred ninety-two of this article, or
b. a breath TEST OR ORAL/BODILY FLUID test administered by a police
officer in accordance with paragraph (b) of subdivision one of this
section indicates that alcohol OR A DRUG OR DRUGS has been consumed by
such person; and
(3) such person has been placed under lawful arrest; and
(4) such person has refused to submit to a chemical test OR ANY
PORTION THEREOF OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNI-
TION EXPERT, or any portion thereof, requested in accordance with the
provisions of paragraph (a) of subdivision two of this section or is
unable to give consent to such a test.
S. 3008 16 A. 3008
(c) Reasonable cause; definition. For the purpose of this subdivision
"reasonable cause" shall be determined by viewing the totality of
circumstances surrounding the incident which, when taken together, indi-
cate that the operator was driving in violation of section eleven
hundred ninety-two of this article. Such circumstances may include, but
are not limited to: evidence that the operator was operating a motor
vehicle in violation of any provision of this article or any other
moving violation at the time of the incident; any visible indication of
alcohol or drug consumption or impairment by the operator; the existence
of an open container containing an alcoholic beverage OR A DRUG OR DRUGS
in or around the vehicle driven by the operator; THE ODOR OF CANNABIS,
BURNT CANNABIS OR OTHER DRUG; any other evidence surrounding the circum-
stances of the incident which indicates that the operator has been oper-
ating a motor vehicle while impaired by the consumption of alcohol or
drugs or intoxicated at the time of the incident.
(d) Court order; procedure. (1) An application for a court order to
compel submission to a chemical test or any portion thereof, may be made
to any supreme court justice, county court judge or district court judge
in the judicial district in which the incident occurred, or if the inci-
dent occurred in the city of New York before any supreme court justice
or judge of the criminal court of the city of New York. Such application
may be communicated by telephone, radio or other means of electronic
communication, or in person.
(2) The applicant must provide identification by name and title and
must state the purpose of the communication. Upon being advised that an
application for a court order to compel submission to a chemical test is
being made, the court shall place under oath the applicant and any other
person providing information in support of the application as provided
in subparagraph three of this paragraph. After being sworn the applicant
must state that the person from whom the chemical test was requested was
the operator of a motor vehicle and in the course of such operation [a
person, other than the operator, has been killed or seriously injured]
THE MOTOR VEHICLE WAS INVOLVED IN A CRASH; OR PERSONAL INJURY HAS BEEN
CAUSED TO ANOTHER PERSON, DUE TO AN INCIDENT INVOLVING THE MOTOR VEHICLE
OPERATED BY SUCH PERSON; OR SUCH PERSON HAS A PREVIOUS ARREST FOR A
VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS ARTICLE; and, based upon the totality of circumstances, there is
reasonable cause to believe that such person was operating a motor vehi-
cle in violation of any subdivision of section eleven hundred ninety-two
of this article and, after being placed under lawful arrest such person
refused to submit to a chemical test or any portion thereof, in accord-
ance with the provisions of this section or is unable to give consent to
such a test or any portion thereof. The applicant must make specific
allegations of fact to support such statement. Any other person properly
identified, may present sworn allegations of fact in support of the
applicant's statement.
(3) Upon being advised that an oral application for a court order to
compel a person to submit to a chemical test is being made, a judge or
justice shall place under oath the applicant and any other person
providing information in support of the application. Such oath or oaths
and all of the remaining communication must be recorded, either by means
of a voice recording device or verbatim stenographic or verbatim long-
hand notes. If a voice recording device is used or a stenographic record
made, the judge must have the record transcribed, certify to the accura-
cy of the transcription and file the original record and transcription
with the court within seventy-two hours of the issuance of the court
S. 3008 17 A. 3008
order. If the longhand notes are taken, the judge shall subscribe a copy
and file it with the court within twenty-four hours of the issuance of
the order.
(4) If the court is satisfied that the requirements for the issuance
of a court order pursuant to the provisions of paragraph (b) of this
subdivision have been met, it may grant the application and issue an
order requiring the accused to submit to a chemical test to determine
the alcoholic and/or drug content of [his] THEIR blood [and] OR
ORAL/BODILY FLUIDS AND ordering the withdrawal of a blood OR ORAL/BODILY
FLUID sample in accordance with the provisions of paragraph (a) of
subdivision four of this section. When a judge or justice determines to
issue an order to compel submission to a chemical test based on an oral
application, the applicant therefor shall prepare the order in accord-
ance with the instructions of the judge or justice. In all cases the
order shall include the name of the issuing judge or justice, the name
of the applicant, and the date and time it was issued. It must be
signed by the judge or justice if issued in person, or by the applicant
if issued orally.
(5) Any false statement by an applicant or any other person in support
of an application for a court order shall subject such person to the
offenses for perjury set forth in article two hundred ten of the penal
law.
(6) The chief administrator of the courts shall establish a schedule
to provide that a sufficient number of judges or justices will be avail-
able in each judicial district to hear oral applications for court
orders as permitted by this section.
(e) Administration of compulsory chemical test. An order issued pursu-
ant to the provisions of this subdivision shall require that a chemical
test to determine the alcoholic and/or drug content of the operator's
blood OR ORAL/BODILY FLUID must be administered. The provisions of para-
graphs (a), (b) and (c) of subdivision four of this section shall be
applicable to any chemical test administered pursuant to this section.
§ 4. The subparagraph heading and clauses a and b of subparagraph 7 of
paragraph (e) of subdivision 2 of section 1193 of the vehicle and traf-
fic law, as added by chapter 312 of the laws of 1994, clause a as
amended by chapter 732 of the laws of 2006, and clause b as separately
amended by chapters 3 and 571 of the laws of 2002, are amended to read
as follows:
Suspension pending prosecution; excessive blood alcohol content OR
IMPAIRMENT BY A DRUG OR DRUGS. a. Except as provided in clause a-1 of
this subparagraph, a court shall suspend a driver's license, pending
prosecution, of any person charged with a violation of subdivision two,
two-a, three, FOUR or four-a of section eleven hundred ninety-two of
this article who, at the time of arrest, is alleged to have had .08 of
one percent or more by weight of alcohol in such driver's blood OR IS
ALLEGED TO HAVE BEEN IMPAIRED BY THE INGESTION OF A DRUG OR DRUGS as
shown by chemical analysis of blood, breath, urine or [saliva]
ORAL/BODILY FLUID, OR BY AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
RECOGNITION EXPERT, OR ANY PORTION THEREOF, made pursuant to subdivision
two or three of section eleven hundred ninety-four of this article, OR
THE DRIVER MAKES A STATEMENT ADMITTING TO DRIVING WHILE INTOXICATED BY
ALCOHOL OR WHILE IMPAIRED BY A DRUG OR DRUGS.
b. The suspension occurring under clause a of this subparagraph shall
occur no later than at the conclusion of all proceedings required for
the arraignment and the suspension occurring under clause a-1 of this
subparagraph shall occur immediately after the holder's first appearance
S. 3008 18 A. 3008
before the court on the charge which shall, whenever possible, be the
next regularly scheduled session of the court after the arrest or at the
conclusion of all proceedings required for the arraignment; provided,
however, that if the results of any test administered pursuant to
section eleven hundred ninety-four of this article are not available
within such time period, the complainant police officer or other public
servant shall transmit such results to the court at the time they become
available, and the court shall, as soon as practicable following the
receipt of such results and in compliance with the requirements of this
subparagraph, suspend such license. In order for the court to impose
such suspension it must find that the accusatory instrument conforms to
the requirements of section 100.40 of the criminal procedure law and
there exists reasonable cause to believe either that (a) the holder
operated a motor vehicle while such holder had .08 of one percent or
more by weight of alcohol OR WAS IMPAIRED BY THE INGESTION OF A DRUG OR
DRUGS in [his or her] THEIR blood as was shown by chemical analysis of
such person's blood, breath, urine or [saliva] ORAL/BODILY FLUID, OR BY
AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT, OR ANY
PORTION THEREOF, made pursuant to the provisions of section eleven
hundred ninety-four of this article OR THE DRIVER MAKES A STATEMENT
ADMITTING TO DRIVING WHILE INTOXICATED BY ALCOHOL OR WHILE IMPAIRED BY A
DRUG OR DRUGS or (b) the person was the holder of a class DJ or MJ
learner's permit or a class DJ or MJ driver's license and operated a
motor vehicle while such holder was in violation of subdivision one, two
and/or three of section eleven hundred ninety-two of this article. At
the time of such license suspension the holder shall be entitled to an
opportunity to make a statement regarding these two issues and to pres-
ent evidence tending to rebut the court's findings.
§ 5. This act shall take effect immediately.
PART F
Section 1. Paragraph 2 of subdivision (a) of section 1642 of the vehi-
cle and traffic law is amended to read as follows:
2. Parking, standing, stopping and backing of vehicles, EXCEPT IN
VIOLATION OF SUBPARAGRAPH B OF PARAGRAPH TWO OF SUBDIVISION (A) OF
SECTION TWELVE HUNDRED TWO OF THIS CHAPTER WHERE SUCH VIOLATION OCCURS
WITHIN ONE THOUSAND FEET OF A SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION
TWO OF SECTION FOUR HUNDRED NINE OF THE EDUCATION LAW, WHERE SUCH SCHOOL
GROUNDS IS A PUBLIC, NONPUBLIC, OR CHARTER ELEMENTARY SCHOOL SERVING
STUDENTS IN ANY GRADE THROUGH GRADE FIVE, PROVIDED THAT THE INTERSECTION
IS ADJACENT TO A CITY BLOCK WHERE SUCH SCHOOL GROUNDS IS LOCATED.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART G
Section 1. Subdivision (c) of section 102-c of the vehicle and traffic
law, as added by section 1 of part XX of chapter 58 of the laws of 2020,
is amended to read as follows:
(c) "Class three bicycle with electric assist." Solely within a city
having a population of one million or more, a bicycle WEIGHING LESS THAN
ONE-HUNDRED POUNDS with electric assist having an electric motor that
may be used exclusively to propel such bicycle, and that is not capable
of providing assistance when such bicycle reaches a speed of twenty-five
miles per hour.
S. 3008 19 A. 3008
§ 2. Section 121-b of the vehicle and traffic law, as amended by chap-
ter 160 of the laws of 1981, is amended to read as follows:
§ 121-b. Limited use motorcycle. (A) A limited use vehicle having only
two or three wheels, with a seat or saddle for the operator. A limited
use motorcycle having a maximum performance speed, of more than thirty
miles per hour but not more than forty miles per hour shall be a class A
limited use motorcycle. A limited use motorcycle having a maximum
performance speed of more than twenty miles per hour but not more than
thirty miles per hour, shall be a class B limited use motorcycle. A
limited use motorcycle having a maximum performance speed of not more
than twenty miles per hour shall be a class C limited use motorcycle.
(B) A CLASS THREE BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN SUBDIVI-
SION (C) OF SECTION ONE HUNDRED TWO-C OF THIS ARTICLE, WEIGHING ONE-HUN-
DRED POUNDS OR MORE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART H
Section 1. Subdivision (a) of section 1642 of the vehicle and traffic
law is amended by adding a new paragraph 28 to read as follows:
28. ESTABLISHMENT OF MAXIMUM SPEED LIMITS AT WHICH BICYCLES, BICYCLES
WITH ELECTRIC ASSIST, ELECTRIC SCOOTERS AND OTHER DEVICES AUTHORIZED OR
REQUIRED TO USE BICYCLE LANES AND BICYCLE PATHS MAY PROCEED IN SUCH
BICYCLE LANES AND BICYCLE PATHS, SUBJECT TO ANY OTHER SPEED LIMIT APPLI-
CABLE TO ANY SUCH DEVICE IMPOSED BY THIS CHAPTER OR ANY OTHER LAW OR
RULE; PROVIDED, HOWEVER, THAT SUCH SPEED LIMITS ESTABLISHED IN BICYCLE
LANES MAY BE NO HIGHER THAN THE SPEED LIMIT ESTABLISHED FOR VEHICLES
USING THE SAME HIGHWAY OUTSIDE OF A BICYCLE LANE, AND THAT SUCH SPEED
LIMITS ESTABLISHED IN BICYCLE PATHS MAY BE NO HIGHER THAN THE SPEED
LIMIT ESTABLISHED FOR VEHICLES USING THE SAME OR ADJACENT HIGHWAY TO
SUCH BICYCLE PATH. SUCH SPEED LIMITS MAY BE APPLICABLE THROUGHOUT SUCH
CITY, WITHIN DESIGNATED AREAS OF SUCH CITY, OR ON DESIGNATED BICYCLE
LANES OR BICYCLE PATHS, OR PORTIONS THEREOF, WITHIN SUCH CITY.
§ 2. This act shall take effect immediately.
PART I
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part A of chapter 58 of the
laws of 2024, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2025] 2035, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART J
Section 1. Section 45 of chapter 929 of the laws of 1986 amending the
tax law and other laws relating to the metropolitan transportation
S. 3008 20 A. 3008
authority, as amended by section 1 of part G of chapter 58 of the laws
of 2023, 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, [2025] 2027
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 K
Section 1. Paragraph (a) of subdivision 12-a of section 1266 of the
public authorities law, as added by section 2 of part VVV of chapter 58
of the laws of 2020, is amended to read as follows:
(a) Whenever the authority determines in consultation with the city of
New York that it is necessary to obtain the temporary or permanent use,
occupancy, control or possession of vacant or undeveloped or underuti-
lized but replaceable real property, or any interest therein, or subsur-
face real property or any interest therein then owned by the city of New
York for a project in [the two thousand fifteen to two thousand nineteen
or the two thousand twenty to two thousand twenty-four approved capital
programs to (i) install one or more elevators to make one or more subway
stations more accessible, (ii) construct or reconstruct an electrical
substation to increase available power to the subway system to expand
passenger capacity or reliability, or (iii) in connection with the capi-
tal project to construct four commuter railroad passengers stations in
the borough of the Bronx known as Penn Station access] A CAPITAL PROGRAM
APPROVED PURSUANT TO SECTION TWELVE HUNDRED SIXTY-NINE-B OF THIS TITLE,
the authority upon approval by the board of the metropolitan transporta-
tion authority and upon suitable notice and with the consent of the city
of New York may cause the title to such real property, or any interest
therein, to be transferred to the authority by adding it to the agree-
ment of lease dated June first, nineteen hundred fifty-three, as
amended, renewed and supplemented, authorized by section twelve hundred
three of this article, or may itself acquire title to such property from
the city of New York, and any such transfer or acquisition of real prop-
erty shall be subject to the provisions of subdivision five of section
twelve hundred sixty-six-c of this title. Nothing in this subdivision
shall be deemed to authorize any temporary or permanent transfer or
acquisition of real property, or interest therein, that is dedicated
parkland without separate legislative approval of such alienation.
§ 2. Section 3 of part VVV of chapter 58 of the laws of 2020 amending
the public authorities law relating to acquisitions or transfers of
property for transit projects is amended to read as follows:
S. 3008 21 A. 3008
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed on December 31, [2025] 2030; provided, however, that the
repeal of this act shall not affect any transfer or acquisition pursuant
to all of the terms of section two of this act that has been approved by
the board of the metropolitan transportation authority before such
repeal date.
§ 3. This act shall take effect immediately; provided however that the
amendments to paragraph (a) of subdivision 12-a of section 1266 of the
public authorities law made by section one of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith.
PART L
Section 1. Section 5 of part UUU of chapter 58 of the laws of 2020
amending the state finance law relating to providing funding for the
Metropolitan Transportation Authority 2020-2024 capital program and
paratransit operating expenses, is amended by adding a new subdivision
(c) to read as follows:
(C) NOTWITHSTANDING SUBDIVISIONS (A) AND (B) OF THIS SECTION, STARTING
JULY FIRST, TWO THOUSAND TWENTY-FIVE, THE CITY WILL FUND EIGHTY PERCENT
OF THE NET PARATRANSIT OPERATING EXPENSES OF THE MTA, PROVIDED THAT SUCH
CONTRIBUTION SHALL NOT EXCEED, FOR EACH TWELVE-MONTH PERIOD ENDING JUNE
THIRTIETH, THE SUM OF: (I) FIFTY PERCENT OF THE NET PARATRANSIT OPERAT-
ING EXPENSES AND (II) ONE HUNDRED SIXTY-FIVE MILLION DOLLARS. NET PARA-
TRANSIT OPERATING EXPENSES SHALL BE CALCULATED MONTHLY BY THE MTA AND
WILL CONSIST OF THE TOTAL PARATRANSIT OPERATING EXPENSES OF THE PROGRAM
MINUS THE SIX PERCENT OF THE URBAN TAX DEDICATED TO PARATRANSIT SERVICES
AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION AND MINUS ANY MONEY
COLLECTED AS PASSENGER FARES FROM PARATRANSIT OPERATIONS.
§ 2. Section 9 of part UUU of chapter 58 of the laws of 2020 amending
the state finance law relating to providing funding for the Metropolitan
Transportation Authority 2020-2024 capital program and paratransit oper-
ating expenses, as amended by section 3 of part D of chapter 58 of the
laws of 2023, is amended to read as follows:
§ 9. This act shall take effect immediately[; provided that sections
five through seven of this act shall expire and be deemed repealed June
30, 2030; and provided further that such repeal shall not affect or
otherwise reduce amounts owed to the metropolitan transportation author-
ity paratransit assistance fund to meet the city's share of the net
paratransit operating expenses of the MTA for services provided prior to
June 30, 2030].
§ 3. This act shall take effect immediately.
PART M
Section 1. This act commits the state of New York and the city of New
York ("city") to fund, over a multi-year period, $6,000,000,000 in capi-
tal costs related to projects contained in the Metropolitan Transporta-
tion Authority ("MTA") 2025-2029 capital program ("capital program").
The state share of $3,000,000,000 and the city share of $3,000,000,000
shall be provided to pay the capital costs of the capital program. The
funds committed by the state and city shall be provided concurrently,
and in proportion to the respective shares of each, in accordance with
the funding needs of the capital program.
S. 3008 22 A. 3008
§ 2. (a) No funds dedicated for operating assistance of the MTA shall
be used to reduce or supplant the commitment of the state or city to
provide $6,000,000,000 pursuant to section one of this act.
(b) The city and state's share of funds provided concurrently pursuant
to section one of this act shall be scheduled and paid to the MTA on a
schedule to be determined by the state director of the budget. In order
to determine the adequacy and pace of the level of state and city fund-
ing in support of the MTA's capital program, and to gauge the availabil-
ity of MTA capital resources planned for the capital program, the direc-
tor of the budget and the city may request, and the MTA shall provide,
periodic reports on the MTA's capital programs and financial activities.
The city shall certify to the state comptroller and the New York state
director of the budget, no later than seven days after making each
payment pursuant to this section, the amount of the payments and the
date upon which such payments were made.
§ 3. (a) Notwithstanding any provision of law to the contrary, in the
event the city fails to certify to the state comptroller and the New
York state director of the budget that the city has paid in full any
concurrent payment required by section two of this act, the New York
state director of the budget shall direct the state comptroller to
transfer, collect, or deposit funds in accordance with subdivision (b)
of this section in an amount equal to the unpaid balance of any payment
required by section two of this act, provided that any such deposits
shall be counted against the city share of the Metropolitan Transporta-
tion Authority (MTA) 2025-2029 capital program (capital program) pursu-
ant to section one of this act. Such direction shall be pursuant to a
written plan or plans filed with the state comptroller, the chairperson
of the senate finance committee and the chairperson of the assembly ways
and means committee.
(b) Notwithstanding any provision of law to the contrary and as set
forth in a plan or plans submitted by the New York state director of the
budget pursuant to subdivision (a) of this section, the state comp-
troller is hereby directed and authorized to: (i) transfer funds author-
ized by any undisbursed general fund aid to localities appropriations or
state special revenue fund aid to localities appropriations, excluding
debt service, fiduciary, and federal fund appropriations, to the city to
the Metropolitan Transportation Authority capital assistance fund estab-
lished by section 92-ii of the state finance law in accordance with such
plan; and/or (ii) collect and deposit into the Metropolitan Transporta-
tion Authority capital assistance fund established by section 92-ii of
the state finance law funds from any other revenue source of the city,
including the sales and use tax, in accordance with such plan. The state
comptroller is hereby authorized and directed to make such transfers,
collections and deposits as soon as practicable but not more than 3 days
following the transmittal of such plan to the comptroller in accordance
with subdivision (a) of this section.
(c) Notwithstanding any provision of law to the contrary, the state's
obligation and/or liability to fund any program included in general fund
aid to localities appropriations or state special revenue fund aid to
localities appropriations from which funds are transferred pursuant to
subdivision (b) of this section shall be reduced in an amount equal to
such transfer or transfers.
§ 4. Subdivisions 2 and 3 of section 92-ii of the state finance law,
as added by section 4 of part UUU of chapter 58 of the laws of 2020, are
amended to read as follows:
S. 3008 23 A. 3008
2. Such fund shall consist of any monies directed thereto pursuant to
the provisions of section three of [the] part UUU of [the] chapter
FIFTY-EIGHT of the laws of two thousand twenty [which added this
section] AND TO THE PROVISIONS OF SECTION THREE OF THE PART OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVI-
SION.
3. All monies deposited into the fund pursuant to [the] part UUU of
[the] chapter FIFTY-EIGHT of the laws of two thousand twenty [which
added this section] AND THE PART OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVISION shall be paid to the
metropolitan transportation authority by the comptroller, without appro-
priation, for use in the same manner as the payments required by section
two of such part, as soon as practicable but not more than five days
from the date the comptroller determines that the full amount of the
unpaid balance of any payment required by section three of PART UUU OF
CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY AND BY SECTION
THREE OF such part OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-
FIVE WHICH AMENDED THIS SUBDIVISION has been deposited into the fund.
§ 5. This act shall take effect immediately.
PART N
Section 1. The vehicle and traffic law is amended by adding a new
section 385-b to read as follows:
§ 385-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH WEIGHT
RESTRICTIONS ON A COVERED AGENCY AND AUTHORITY'S FACILITIES. 1. (A)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A COVERED AGENCY OR AUTHORI-
TY MAY ESTABLISH A WEIGH-IN-MOTION PROGRAM ON ITS FACILITIES IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
RESTRICTIONS ON SUCH FACILITIES IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION. SUCH PROGRAM SHALL EMPOWER THE COVERED AGENCY OR AUTHORITY
TO INSTALL AND OPERATE WEIGH-IN-MOTION VIOLATION MONITORING SYSTEMS ON
ITS FACILITIES. SUCH SYSTEMS MAY BE ACTIVATED AT LOCATIONS ON SUCH
PORTION OF ITS FACILITIES AS DETERMINED BY THE COVERED AGENCY OR AUTHOR-
ITY. A COVERED AGENCY OR AUTHORITY MAY ENTER INTO A MEMORANDUM OF AGREE-
MENT WITH ANOTHER COVERED AGENCY OR AUTHORITY FOR THE PURPOSES OF COOR-
DINATING THE PLANNING, DESIGN, INSTALLATION, OPERATION, CONSTRUCTION AND
MAINTENANCE OF SUCH WEIGH-IN-MOTION PROGRAM. SUCH MEMORANDUM SHALL
ADDRESS, FOR PURPOSES OF SUCH PROGRAM, THE USE OF SYSTEMS, DEVICES AND
OTHER FACILITIES OWNED AND OPERATED BY THE OTHER COVERED AGENCY OR
AUTHORITY.
(B) NO WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM SHALL BE USED
UNLESS: (I) ON THE DAY IT IS TO BE USED IT HAS UNDERGONE A SELF-TEST
FOR THE OPERATION OF SUCH SYSTEM; AND (II) IT HAS UNDERGONE AN ANNUAL
CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
SION. A RESULT OF THE DAILY SELF-TEST FOR EACH SUCH SYSTEM SHALL INCLUDE
THE DATE AND TIME THAT THE SELF-TEST WAS SUCCESSFULLY PERFORMED. THE
COVERED AGENCY OR AUTHORITY SHALL RETAIN EACH SUCH DAILY SELF-TEST UNTIL
THE LATER OF THE DATE ON WHICH THE WEIGH-IN-MOTION SYSTEM TO WHICH IT
APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF
ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES, AND INFORMATION AND
DATA GENERATED IN CONJUNCTION THEREWITH, PRODUCED BY SUCH SYSTEM.
(C) EACH WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM SHALL UNDERGO A
CALIBRATION CHECK EVERY TWELVE MONTHS IN ACCORDANCE WITH SPECIFICATIONS
S. 3008 24 A. 3008
PRESCRIBED PURSUANT TO A MEMORANDUM OF AGREEMENT BETWEEN THE COVERED
AGENCY OR AUTHORITY AND THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND
MARKETS, OR IN ACCORDANCE WITH AN APPLICABLE REFERENCE STANDARD AS
DETERMINED BY THE COVERED AGENCY OR AUTHORITY. SUCH CALIBRATION CHECK
SHALL BE PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY, WHICH SHALL
ISSUE A SIGNED CERTIFICATE OF CALIBRATION ON ITS LETTERHEAD TO THE
COVERED AGENCY OR AUTHORITY. NOTHING CONTAINED IN THIS PARAGRAPH SHALL
BE DEEMED TO REQUIRE THE SIGNATURE OF A NOTARY PUBLIC ON SUCH CERTIF-
ICATE. THE COVERED AGENCY OR AUTHORITY SHALL RETAIN EACH SUCH ANNUAL
CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF ALL
CASES INVOLVING NOTICES OF LIABILITY ISSUED DURING SUCH TWELVE-MONTH
TIME PERIOD WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR
OTHER RECORDED IMAGES, AND INFORMATION AND DATA GENERATED IN CONJUNCTION
THEREWITH, PRODUCED BY SUCH WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM.
(D) THE COVERED AGENCY OR AUTHORITY SHALL MONITOR THE SYSTEM BY EVALU-
ATING INFORMATION AND DATA COLLECTED FROM SENSOR READINGS OF EACH WEIGH-
IN-MOTION VIOLATION MONITORING SYSTEM. THE COVERED AGENCY OR AUTHORITY
SHALL PROMULGATE RULES FOR MONITORING COLLECTED DATA, RESPONDING TO
SYSTEM ALERTS, AND ESTABLISHING A PROTOCOL FOR ACTION WHICH MAY INCLUDE
RECERTIFICATION.
(E) WEIGH-IN-MOTION VIOLATION MONITORING SYSTEMS USED IN ACCORDANCE
WITH THE WEIGH-IN-MOTION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION
SHALL BE OPERATED ONLY ON THE COVERED AGENCY OR AUTHORITY'S FACILITIES
OR ON ANOTHER AGENCY OR AUTHORITY'S FACILITIES IF AGREED UPON IN A MEMO-
RANDUM OF AGREEMENT.
(F) (I) NO PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED
IMAGE, NOR ANY INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH,
SHALL BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION,
EXCEPT AS MAY BE OTHERWISE PROVIDED BY THIS PARAGRAPH. NOTWITHSTANDING
THE ABOVE, ALL INFORMATION AND DATA FROM WEIGH-IN-MOTION VIOLATION MONI-
TORING SYSTEMS MAY BE SHARED AMONG COVERED AGENCIES AND AUTHORITIES FOR
THE PURPOSES OF MONITORING IMPACTS TO A COVERED AGENCY OR AUTHORITY'S
FACILITIES AND FOR REPORTING PURPOSES.
(II) SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO
THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY SUCH WEIGH-IN-MOTION VIOLATION MONI-
TORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO
NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED
SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER
RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF VEHICLES WHERE THE COVERED AGENCY OR AUTHORITY
SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF
THIS PARAGRAPH IN SUCH CASE.
(III) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE, AND ANY INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH,
PRODUCED BY A WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM SHALL BE FOR
THE EXCLUSIVE USE OF THE COVERED AGENCY OR AUTHORITY, OR BY USE OF
ANOTHER COVERED AGENCY OR AUTHORITY ADJUDICATING ON BEHALF OF A COVERED
AGENCY, FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSU-
ANT TO THIS SECTION, AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY
PURSUANT TO THIS SECTION, AND AS REQUIRED BY THE COVERED AGENCY OR
AUTHORITY TO STUDY THE IMPACT OF OVERWEIGHT VEHICLES ON ITS FACILITIES
AND MANAGEMENT OF SUCH FACILITIES, AND SHALL BE DESTROYED BY THE COVERED
AGENCY OR AUTHORITY, OR ANOTHER COVERED AGENCY OR AUTHORITY WHERE APPLI-
CABLE, UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH
S. 3008 25 A. 3008
SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
AND INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH RELATE, OR
ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF LIABILITY,
WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR ANY OTHER RECORDED IMAGE, AND INFORMATION AND DATA GENERATED IN
CONJUNCTION THEREWITH, FROM A WEIGH-IN-MOTION VIOLATION MONITORING
SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL
PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDI-
CATORY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS
NECESSARY FOR THE ADJUDICATION OF A NOTICE OF LIABILITY ISSUED PURSUANT
TO THIS SECTION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT
THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES, AND INFORMA-
TION AND DATA GENERATED IN CONJUNCTION THEREWITH, FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES, INFORMATION AND DATA ARE
REQUIRED TO BE MAINTAINED OR ARE MAINTAINED BY SUCH PUBLIC ENTITY,
EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(IV) THE COVERED AGENCY OR AUTHORITY SHALL INSTALL SIGNAGE IN ADVANCE
OF LOCATIONS WHERE WEIGH-IN-MOTION VIOLATION MONITORING SYSTEMS ARE IN
OPERATION GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT
WEIGH-IN-MOTION VIOLATION MONITORING SYSTEMS ARE IN USE TO ENFORCE MOTOR
VEHICLE WEIGHT RESTRICTIONS.
(V) THE COVERED AGENCY OR AUTHORITY SHALL USE OVERSIGHT PROCEDURES TO
ENSURE COMPLIANCE WITH THE AFOREMENTIONED PRIVACY PROTECTION MEASURES.
S. 3008 26 A. 3008
2. IF THE COVERED AGENCY OR AUTHORITY ESTABLISHES A PROGRAM PURSUANT
TO SUBDIVISION ONE OF THIS SECTION, 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, ON THE COVERED AGENCY'S OR AUTHORITY'S FACILITIES IN VIOLATION
OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND
REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN RELATION TO GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT, WHERE SUCH VEHICLE WAS TRAVELING TEN
PERCENT OR MORE ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT OR MORE
ABOVE THE AXLE WEIGHT AT THE TIME OF SUCH VIOLATION AS INDICATED BY AT
LEAST TWO INDEPENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
MEASUREMENTS OBTAINED BY A WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM,
AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A WEIGH-IN-
MOTION VIOLATION MONITORING SYSTEM; 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 SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE
RULES AND REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN RELATION TO
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT; OR OPERATED SUCH VEHICLE IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY OVERWEIGHT PERMIT ISSUED
IN ACCORDANCE WITH THIS CHAPTER AND ANY RULES AND REGULATIONS PROMULGAT-
ED THERETO. WHERE A VEHICLE IS IN VIOLATION OF BOTH GROSS VEHICLE WEIGHT
RESTRICTIONS AND AXLE WEIGHT RESTRICTIONS, THE OWNER SHALL BE LIABLE FOR
A SEPARATE PENALTY FOR EACH SUCH VIOLATION.
3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "COVERED AGENCY OR AUTHORITY" SHALL MEAN: (I) THE DEPARTMENT OF
TRANSPORTATION ESTABLISHED PURSUANT TO ARTICLE TWO OF THE TRANSPORTATION
LAW; (II) THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY ESTABLISHED PURSU-
ANT TO TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW; (III)
THE STATE BRIDGE AUTHORITY ESTABLISHED PURSUANT TO TITLE TWO OF ARTICLE
THREE OF THE PUBLIC AUTHORITIES LAW; (IV) THE PORT AUTHORITY OF NEW YORK
AND NEW JERSEY ESTABLISHED PURSUANT TO CHAPTER ONE HUNDRED FIFTY-FOUR OF
THE LAWS OF NINETEEN HUNDRED TWENTY-ONE; (V) THE NEW YORK CITY DEPART-
MENT OF TRANSPORTATION; AND (VI) THE NEW YORK STATE THRUWAY AUTHORITY
ESTABLISHED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE PUBLIC AUTHORI-
TIES LAW;
(B) "OWNER" SHALL HAVE THE MEANING PROVIDED IN SECTION TWO HUNDRED
THIRTY-NINE OF THIS CHAPTER;
(C) "WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM" SHALL MEAN SENSORS,
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER, INSTALLED
TO WORK IN CONJUNCTION WITH OTHER DEVICES TO CAPTURE AND RECORD THE
GROSS VEHICLE WEIGHT AND THE AXLE WEIGHT OF A MOTOR VEHICLE, WHICH
PRODUCE AT LEAST TWO INDEPENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR
AXLE WEIGHT MEASUREMENTS AND AUTOMATICALLY PRODUCE TWO OR MORE PHOTO-
GRAPHS, TWO OR MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED
IMAGES OF EACH VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION
OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND
REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN RELATION TO GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT, IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION;
(D) "WEIGH-IN-MOTION PROGRAM" SHALL MEAN THE PROGRAM AUTHORIZED BY
THIS SECTION THAT OPERATES EXCLUSIVELY ON COVERED AGENCY OR AUTHORITY
FACILITIES;
S. 3008 27 A. 3008
(E) "COVERED AGENCY OR AUTHORITY FACILITIES" SHALL MEAN THOSE SITES
INCLUDING BUT NOT LIMITED TO ROADWAYS, BRIDGES, AND HIGHWAYS OWNED,
OPERATED AND MAINTAINED BY A COVERED AGENCY OR AUTHORITY; AND
(F) "RULES AND REGULATIONS OF A COVERED AGENCY OR AUTHORITY" SHALL
MEAN RULES AND REGULATIONS OF AN AGENCY OR AUTHORITY DESCRIBED IN PARA-
GRAPH A OF THIS SUBDIVISION.
4. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY A
COVERED AGENCY OR AUTHORITY OR ITS AGENT, OR A FACSIMILE THEREOF, BASED
UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES, AND INFORMATION AND DATA GENERATED IN CONJUNCTION THER-
EWITH, PRODUCED BY A WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM, SHALL
BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. NOTHING
CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THE SIGNATURE
OF A NOTARY PUBLIC ON SUCH CERTIFICATE. ANY PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION
SHALL INCLUDE AN IMAGE OF THE MOTOR VEHICLE ALLEGED TO BE IN VIOLATION
AND THE INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH AND
SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN ADVANCE OF AND AT ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
THIS SECTION.
5. AN OWNER LIABLE FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-
FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF A COVERED AGENCY
OR AUTHORITY PURSUANT TO A WEIGH-IN-MOTION PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE
WITH SEPARATE SCHEDULES OF FINES AND PENALTIES TO BE PROMULGATED BY A
COVERED AGENCY OR AUTHORITY FOR A VIOLATION OF SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF A COVERED
AGENCY OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE
WEIGHT. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT
EXCEED THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR EACH VIOLATION OR
AS OTHERWISE PROVIDED FOR IN SECTION THREE HUNDRED EIGHTY-FIVE OF THIS
ARTICLE, WHICHEVER IS HIGHER.
6. AN IMPOSITION OF LIABILITY UNDER THE WEIGH-IN-MOTION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION FOR AN
OPERATOR.
7. (A) A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF A
COVERED AGENCY OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR
AXLE WEIGHT PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF
SUCH OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS
DAYS IF SUCH OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON 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 THEREIN.
(B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF A
COVERED AGENCY OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR
AXLE WEIGHT PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE
VEHICLE INVOLVED IN SUCH VIOLATION, THE GROSS VEHICLE WEIGHT AND/OR AXLE
WEIGHT MEASURED, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE
AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF THE WEIGH-IN-
MOTION VIOLATION MONITORING SYSTEM WHICH RECORDED THE VIOLATION OR OTHER
DOCUMENT LOCATOR NUMBER, ONE OR MORE DATE AND TIME STAMPED IMAGES IDEN-
S. 3008 28 A. 3008
TIFYING THE MOTOR VEHICLE AND THE INFORMATION AND DATA EVIDENCING THE
ALLEGED VIOLATION, AND THE CERTIFICATE CHARGING THE LIABILITY.
(C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH THEY MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON 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.
(D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE
COVERED AGENCY OR AUTHORITY, OR BY ANY OTHER ENTITY AUTHORIZED BY THE
COVERED AGENCY OR AUTHORITY TO PREPARE AND MAIL SUCH NOTICE OF LIABIL-
ITY.
8. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS
SECTION SHALL BE BY THE COVERED AGENCY OR AUTHORITY, OR BY ANY OTHER
GOVERNMENT ENTITY AUTHORIZED BY THE COVERED AGENCY OR AUTHORITY TO ADJU-
DICATE SUCH LIABILITY. IF SUCH ENTITY IS THE NEW YORK CITY PARKING
VIOLATIONS BUREAU, SUCH LIABILITY IMPOSED PURSUANT TO THIS SECTION MAY
ONLY OCCUR WITHIN THE CITY OF NEW YORK.
9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE OR
PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING
BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY
FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND
THE RULES AND REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN RELATION
TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION THAT
THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
THE COVERED AGENCY OR AUTHORITY.
10. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF
THIS ARTICLE AND THE RULES AND REGULATIONS OF THE COVERED AGENCY OR
AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSU-
ANT TO THIS SECTION, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT WITH THE NAME AND ADDRESS OF THE LESSEE WITH THE
COVERED AGENCY OR AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION TEN OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC
AUTHORITIES LAW OR SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER, AS
APPLICABLE; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE COVERED
AGENCY OR AUTHORITY 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 COVERED AGENCY OR AUTHORITY THE CORRECT NAME AND
ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABIL-
ITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL
INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT,
AS MAY BE REASONABLY REQUIRED BY THE COVERED AGENCY OR AUTHORITY PURSU-
ANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
S. 3008 29 A. 3008
(C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A) 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 PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION.
11. (A) IF THE OWNER LIABLE FOR A VIOLATION OF SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF THE COVERED
AGENCY OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE
WEIGHT PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT
THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNI-
FICATION AGAINST THE OPERATOR.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTI-
CLE AND THE RULES AND REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN
RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT. FOR PURPOSES OF
THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH
VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE
TIME SUCH OPERATOR OPERATED SUCH VEHICLE IN VIOLATION OF SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF THE
COVERED AGENCY OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR
AXLE WEIGHT.
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF THE COVERED
AGENCY OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE
WEIGHT.
13. IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF
SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND
REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN RELATION TO GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION THAT SUCH
WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM WAS MALFUNCTIONING AT THE
TIME OF THE ALLEGED VIOLATION.
§ 2. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (v) to read as follows:
(V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES OR INFORMATION AND DATA PREPARED UNDER AUTHORITY OF SECTION THREE
HUNDRED EIGHTY-FIVE-B OF THE VEHICLE AND TRAFFIC LAW.
§ 3. A covered agency or authority shall: (i) prior to implementing a
weigh-in-motion program as authorized by section 385-b of the vehicle
and traffic law, as added by section one of this act, communicate to the
public the plan for the use of vehicle weigh-in-motion violation moni-
toring systems to enforce vehicle weight restrictions so as to maximize
awareness of such program; (ii) during the first 60-day period in which
weigh-in-motion violation monitoring systems are in operation pursuant
to the provisions of this act send by first class mail a written warning
in lieu of a notice of liability to all owners of motor vehicles who
would be held liable for failure of operators thereof to comply with
section 385-b of the vehicle and traffic law in relation to gross vehi-
cle weight and/or axle weight, together with notice of the weigh-in-mo-
tion program authorized by section 385-b of the vehicle and traffic law;
and (iii) take such measures as are necessary to implement such program
S. 3008 30 A. 3008
prior to its implementation, including promulgating any rules and regu-
lations necessary for the implementation of this act.
§ 4. The purchase or lease of equipment for a demonstration program
pursuant to section 385-b of the vehicle and traffic law shall be
subject to the provisions of section 103 of the general municipal law.
§ 5. This act shall take effect immediately.
PART O
Section 1. Paragraph 3 of subdivision (d) of section 1111-c-1 of the
vehicle and traffic law, as added by section 1 of part MM of chapter 56
of the laws of 2023, is amended to read as follows:
3. "bus operation-related traffic regulations" shall mean the follow-
ing provisions set forth in chapter four of title thirty-four of the
rules of the city of New York, adopted pursuant to section sixteen
hundred forty-two of this chapter: 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 lane; 4-08(E)(12),
OBSTRUCTING TRAFFIC AT INTERSECTION; AND SECTION ELEVEN HUNDRED SEVEN-
TY-FIVE OF THIS TITLE.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 1111-c-1 of the vehicle and traffic law made
by section one of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART P
Section 1. The vehicle and traffic law is amended by adding a new
article 44-D to read as follows:
ARTICLE 44-D
AUTHORITY FOR IMPOSITION OF SURCHARGE ON A PERMIT ISSUED FOR
OBSTRUCTING OR CLOSING THE STREET FOR CONSTRUCTION PURPOSES
SECTION 1711. DEFINITIONS.
1712. ESTABLISHMENT OF SURCHARGE FOR OBSTRUCTION OR CLOSURE OF A
STREET FOR CONSTRUCTION ACTIVITY.
1713. APPLICATION AND EXEMPTIONS.
1714. ADMINISTRATION AND COLLECTION OF SURCHARGE.
1715. LIMITATIONS ON ASSESSMENT OF SURCHARGE.
1716. JUDICIAL REVIEW.
§ 1711. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AFFORDABLE HOUSING
UNIT" MEANS A RESIDENTIAL DWELLING UNIT THAT MUST BE AFFORDABLE TO RESI-
DENTS AT OR BELOW A SPECIFIC INCOME LEVEL, PROVIDED THAT SUCH LEVEL DOES
NOT EXCEED ONE HUNDRED SIXTY-FIVE PERCENT OF THE AREA MEDIAN INCOME,
PURSUANT TO STATUTE, REGULATION, RESTRICTIVE COVENANT OR DECLARATION, OR
PURSUANT TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE, OR LOCAL
GOVERNMENT ENTITY, PUBLIC BENEFIT CORPORATION, OR PUBLIC HOUSING AUTHOR-
ITY.
2. "AREA MEDIAN INCOME" MEANS THE INCOME LIMITS AS DEFINED ANNUALLY BY
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE NEW
YORK, NY HUD METRO FMR AREA (HMFA), AS ESTABLISHED IN SECTION THREE OF
THE HOUSING ACT OF NINETEEN HUNDRED THIRTY-SEVEN, AS AMENDED.
3. "DWELLING UNIT" HAS THE MEANING ASCRIBED TO SUCH TERM IN THE HOUS-
ING MAINTENANCE CODE.
4. "FULL OBSTRUCTION" MEANS THE OCCUPATION OF THE ENTIRE LENGTH OF A
CURB LANE, VEHICULAR TRAVEL LANE, OR SIDEWALK FOR CONSTRUCTION-RELATED
S. 3008 31 A. 3008
ACTIVITY WHERE THERE IS A PERMIT ISSUED TO CLOSE SUCH LENGTH TO MOTOR
VEHICLES, PEDESTRIANS, OR BICYCLISTS.
5. "PARTIAL OBSTRUCTION" MEANS THE OCCUPATION OF ALL OR A PORTION OF A
LENGTH OF A SIDEWALK FOR CONSTRUCTION-RELATED ACTIVITY WHERE THERE IS A
PERMIT ISSUED TO PROVIDE A TEMPORARY PEDESTRIAN PATHWAY, EITHER IN THE
CURB LANE, ON THE SIDEWALK, OR WITHIN THE BUILDING ENVELOPE OF AN ADJA-
CENT STRUCTURE.
6. "PEDESTRIAN PLAZA" MEANS AN AREA DESIGNATED BY THE DEPARTMENT OF
TRANSPORTATION IN THE CITY OF NEW YORK FOR PEDESTRIAN CIRCULATION, USE
AND ENJOYMENT ON PROPERTY UNDER THE JURISDICTION OF SUCH DEPARTMENT
INCLUDING, BUT NOT LIMITED TO, PROPERTY MAPPED AS A PUBLIC PLACE OR
PROPERTY WITHIN THE BED OF A ROADWAY, AND WHICH MAY CONTAIN AMENITIES
SUCH AS TABLES, SEATING, TREES, PLANTS, LIGHTING, BIKE RACKS, OR PUBLIC
ART.
7. "PERSON" MEANS A NATURAL PERSON, CO-PARTNERSHIP, FIRM, COMPANY,
ASSOCIATION, JOINT STOCK ASSOCIATION, CORPORATION OR OTHER LIKE ORGAN-
IZATION.
§ 1712. ESTABLISHMENT OF SURCHARGE FOR OBSTRUCTION OR CLOSURE OF A
STREET FOR CONSTRUCTION ACTIVITY. 1. NOTWITHSTANDING THE PROVISIONS OF
ANY LAW TO THE CONTRARY, EVERY CITY HAVING A POPULATION OF ONE MILLION
OR MORE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED
AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS IMPOSING A SURCHARGE
WITHIN ITS TERRITORIAL LIMITS ON THE ISSUANCE OF ANY PERMIT RELATING TO
THE OBSTRUCTION OR CLOSURE OF A STREET OR PEDESTRIAN PLAZA FOR THE
PURPOSE OF CONSTRUCTION REQUIRED FOR:
(A) PLACING CONSTRUCTION MATERIAL ON A STREET DURING WORKING HOURS;
(B) PLACING CONSTRUCTION EQUIPMENT OTHER THAN CRANES OR DERRICKS ON A
STREET DURING WORKING HOURS;
(C) TEMPORARILY CLOSING A SIDEWALK;
(D) CONSTRUCTING A TEMPORARY PEDESTRIAN WALK IN A ROADWAY;
(E) TEMPORARILY CLOSING A ROADWAY;
(F) PLACING A SHANTY OR TRAILER ON A STREET;
(G) CROSSING A SIDEWALK;
(H) PLACING A CRANE OR DERRICK ON A STREET DURING WORKING HOURS;
(I) STORING CONSTRUCTION MATERIAL ON A STREET DURING NON-WORKING
HOURS;
(J) STORING CONSTRUCTION EQUIPMENT ON A STREET DURING NON-WORKING
HOURS; OR
(K) OTHER CONSTRUCTION ACTIVITY THAT REQUIRES THE ISSUANCE OF A PERMIT
BY THE DEPARTMENT OF TRANSPORTATION IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE FOR THE OBSTRUCTION OR CLOSURE OF A STREET OR PEDESTRIAN
PLAZA.
2. THE RATE OF SUCH SURCHARGE SHALL BE IMPOSED BASED ON A SCHEDULE
THAT TAKES INTO CONSIDERATION THE GEOGRAPHICAL ZONE IN WHICH THE PERMIT
IS ISSUED AND IN NO CASE SHALL BE:
(A) FOR A PERMIT FOR THE PARTIAL OBSTRUCTION OF A SIDEWALK, LESS THAN
FIFTY CENTS OR MORE THAN FIFTY DOLLARS FOR UP TO AND INCLUDING TEN LINE-
AR FEET OF SIDEWALK PER DAY;
(B) FOR A PERMIT FOR THE FULL OBSTRUCTION OF A SIDEWALK, LESS THAN
TWENTY DOLLARS OR MORE THAN ONE THOUSAND DOLLARS FOR UP TO AND INCLUDING
ONE HUNDRED LINEAR FEET OF SIDEWALK PER DAY;
(C) FOR A PERMIT FOR THE FULL OBSTRUCTION OF A CURB LANE, LESS THAN
TEN DOLLARS OR MORE THAN ONE HUNDRED DOLLARS FOR UP TO AND INCLUDING TEN
LINEAR FEET OF CURB LANE PER DAY;
(D) FOR A PERMIT FOR THE FULL OBSTRUCTION OF A VEHICULAR TRAVEL LANE,
LESS THAN TWO HUNDRED DOLLARS OR MORE THAN TWO THOUSAND DOLLARS FOR UP
S. 3008 32 A. 3008
TO AND INCLUDING ONE HUNDRED LINEAR FEET OF VEHICULAR TRAVEL LANE PER
DAY; AND
(E) FOR A PERMIT FOR THE FULL OBSTRUCTION OF ANY PORTION OF A PEDES-
TRIAN PLAZA, LESS THAN TEN CENTS OR MORE THAN ONE DOLLAR AND TWENTY-FIVE
CENTS FOR UP TO AND INCLUDING TEN SQUARE FEET OF PEDESTRIAN PLAZA PER
DAY.
3. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE MAY AUTHORIZE A
REDUCTION OF THE SURCHARGE IMPOSED FOR THE INITIAL THREE HUNDRED SIXTY-
FIVE DAYS FOR WHICH A PERMIT HAS BEEN ISSUED, AT A RATE NO MORE THAN:
(A) SIXTY PERCENT OF THE SURCHARGE DUE FOR DAYS ONE THROUGH NINETY;
AND
(B) FORTY PERCENT OF THE SURCHARGE DUE FOR DAYS NINETY-ONE THROUGH
THREE HUNDRED SIXTY-FIVE.
4. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE MAY AUTHORIZE A
REDUCTION OF THE SURCHARGE IMPOSED TO THE EXTENT A PERMIT IS ISSUED FOR
CONSTRUCTION RELATING TO THE CREATION OR PRESERVATION OF AFFORDABLE
HOUSING UNITS. SUCH REDUCTION SHALL BE IN PROPORTION TO THE PERCENTAGE
OF AFFORDABLE HOUSING UNITS CREATED OR PRESERVED.
§ 1713. APPLICATION AND EXEMPTIONS. 1. SURCHARGE TO BE IN ADDITION TO
MONIES OWED. ANY SURCHARGE IMPOSED UNDER THE AUTHORITY OF THIS ARTICLE
SHALL BE IN ADDITION TO ANY AND ALL OTHER FEES OR TAXES AUTHORIZED OR
IMPOSED UNDER ANY OTHER PROVISION OF LAW. THIS ARTICLE SHALL NOT BE
CONSTRUED AS LIMITING THE POWER OF ANY CITY, COUNTY OR SCHOOL DISTRICT
TO IMPOSE ANY OTHER FEE OR TAX WHICH IT IS AUTHORIZED TO IMPOSE UNDER
ANY OTHER PROVISION OF LAW.
2. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE SHALL EXEMPT FROM
THE SURCHARGE AUTHORIZED HEREIN ANY PERMIT ISSUED TO:
(A) THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES, INSTRUMENTALITIES,
PUBLIC CORPORATIONS OR POLITICAL SUBDIVISIONS WHERE IT IS THE PERMITTEE;
(B) THE UNITED STATES OF AMERICA, AND ANY OF ITS AGENCIES AND INSTRU-
MENTALITIES, INSOFAR AS IT IS IMMUNE FROM TAXATION WHERE IT IS THE
PERMITTEE; OR
(C) ANY PERSON WHERE THE CONSTRUCTION FOR WHICH SUCH PERMIT IS ISSUED
RELATES TO THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING UNITS;
PROVIDED THAT SUCH AFFORDABLE HOUSING UNITS CONSTITUTE NO LESS THAN
FIFTY PERCENT OF THE TOTAL NUMBER OF DWELLING UNITS CREATED OR PRESERVED
BY SUCH CONSTRUCTION.
§ 1714. ADMINISTRATION AND COLLECTION OF SURCHARGE. 1. THE SURCHARGE
AUTHORIZED BY SECTION SEVENTEEN HUNDRED TWELVE OF THIS ARTICLE SHALL BE
ADMINISTERED AND COLLECTED IN SUCH MANNER AS MAY BE PROVIDED IN LOCAL
LAWS WITH SUCH AMENDMENTS IN RESPECT TO ADMINISTRATION AND COLLECTION AS
MAY BE ENACTED, INCLUDING THROUGH THE COMMENCEMENT OF ACTIONS AND ISSU-
ANCE OF TAX WARRANTS IN A MANNER CONSISTENT WITH THE COMMENCEMENT OF
ACTIONS AND ISSUANCE OF WARRANTS PURSUANT TO SUBDIVISIONS A, B AND D OF
SECTION 11-1614 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
2. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE SHALL REQUIRE THAT
THE SURCHARGE BE PAID TO THE AGENCY ISSUING THE PERMIT PRIOR TO THE
ISSUANCE OR RENEWAL OF SUCH PERMIT FOR THE TERM OF SUCH PERMIT, IN A
FORM AND MANNER DETERMINED BY SUCH AGENCY.
3. SUCH SURCHARGE SHALL NOT BE REFUNDABLE EXCEPT WHERE A REDUCTION FOR
SUCH SURCHARGE IS AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION
SEVENTEEN HUNDRED TWELVE OF THIS ARTICLE AND AN APPLICATION FOR SUCH
REDUCTION IS FILED WITH THE DEPARTMENT OF TRANSPORTATION NO LATER THAN:
(A) EIGHTEEN MONTHS AFTER EXECUTION OF: (I) AN AGREEMENT WITH A FEDERAL,
STATE OR LOCAL GOVERNMENT ENTITY, PUBLIC BENEFIT CORPORATION OR PUBLIC
HOUSING AUTHORITY, RELATING TO THE CREATION OR PRESERVATION OF AFFORDA-
S. 3008 33 A. 3008
BLE HOUSING UNITS; OR (II) A SIMILAR INSTRUMENT; OR (B) EIGHTEEN MONTHS
AFTER PAYMENT OF SUCH SURCHARGE.
§ 1715. LIMITATIONS ON ASSESSMENT OF SURCHARGE. EXCEPT IN THE CASE OF
A WILLFULLY FALSE OR FRAUDULENT PERMIT APPLICATION WITH INTENT TO EVADE
THE SURCHARGE AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE, NO ASSESS-
MENT OF ADDITIONAL SURCHARGE SHALL BE MADE WITH RESPECT TO THE SURCHARGE
IMPOSED UNDER THE AUTHORITY OF THIS ARTICLE, AFTER THE EXPIRATION OF
MORE THAN THREE YEARS FROM THE DATE OF THE PERMIT APPLICATION OR RENEWAL
THEREOF, PROVIDED, HOWEVER, THAT WHERE NO SUCH APPLICATION HAS BEEN
FILED, OR WHERE THERE HAS BEEN A CHANGE RELATING TO THE USE OF THE
STREET OR PEDESTRIAN PLAZA FOR WHICH A PERMIT HAS BEEN ISSUED THAT WOULD
INCREASE THE AMOUNT OF SURCHARGE LIABILITY, AS PROVIDED BY LAW, THE
SURCHARGE MAY BE ASSESSED AT ANY TIME. WHERE A PERSON SUBJECT TO THE
SURCHARGE AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE MAKES A CHANGE OR
CORRECTION TO A PERMIT THAT HAS BEEN ISSUED, AS PROVIDED BY LAW, AN
ASSESSMENT MAY BE MADE AT ANY TIME WITHIN TWO YEARS AFTER THE APPLICA-
TION FOR SUCH PERMIT WAS FILED. ANY LOCAL LAW ENACTED PURSUANT TO THIS
ARTICLE SHALL AUTHORIZE ENFORCEMENT REMEDIES, INCLUDING BUT NOT LIMITED
TO THE IMPOSITION OF CIVIL PENALTIES IN AN AMOUNT NO GREATER THAN TEN
PERCENT OF SUCH SURCHARGE WHERE A PERSON SUBJECT TO THE SURCHARGE
AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE FAILS TO PAY SUCH SURCHARGE
BY FAILING TO SUBMIT THE REQUIRED PERMIT APPLICATION.
§ 1716. JUDICIAL REVIEW. ANY FINAL DETERMINATION OF THE AMOUNT OF ANY
SURCHARGE PAYABLE UNDER THIS ARTICLE SHALL BE REVIEWABLE FOR ERROR,
ILLEGALITY OR UNCONSTITUTIONALITY OR ANY OTHER REASON WHATSOEVER BY A
PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES IF APPLICATION THEREFOR IS MADE TO THE SUPREME COURT WITHIN FOUR
MONTHS AFTER THE GIVING OF THE NOTICE OF SUCH FINAL DETERMINATION,
PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE INSTITUTED BY A PERSON
LIABLE FOR SUCH SURCHARGE UNLESS: 1. THE AMOUNT OF ANY SURCHARGE SOUGHT
TO BE REVIEWED, WITH SUCH INTEREST AND PENALTIES THEREON AS MAY BE
PROVIDED FOR BY LOCAL LAW OR REGULATION, SHALL BE FIRST DEPOSITED AND
THERE IS FILED AN UNDERTAKING, ISSUED BY A SURETY COMPANY AUTHORIZED TO
TRANSACT BUSINESS IN THIS STATE AND APPROVED BY THE SUPERINTENDENT OF
FINANCIAL SERVICES OF THIS STATE AS TO SOLVENCY AND RESPONSIBILITY, IN
SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE
EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR SURCHARGE CONFIRMED SUCH
LIABLE PERSON WILL PAY ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE
PROSECUTION OF SUCH PROCEEDING; OR 2. AT THE OPTION OF SUCH LIABLE
PERSON, SUCH UNDERTAKING MAY BE IN A SUM SUFFICIENT TO COVER THE
SURCHARGE, INTEREST AND PENALTIES STATED IN SUCH DETERMINATION, PLUS THE
COSTS AND CHARGES WHICH MAY ACCRUE AGAINST SUCH LIABLE PERSON IN THE
PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE LIABLE PERSON SHALL
NOT BE REQUIRED TO PAY SUCH SURCHARGE, INTEREST OR PENALTIES AS A CONDI-
TION PRECEDENT TO THE APPLICATION.
§ 2. Title 11 of the administrative code of the city of New York is
amended by adding a new chapter 32 to read as follows:
CHAPTER 32
SURCHARGE ON ISSUANCE OF A PERMIT FOR OBSTRUCTING OR CLOSING THE
STREET FOR CONSTRUCTION PURPOSES
SECTION 11-3200 APPLICABILITY.
11-3201 DEFINITIONS.
11-3202 SURCHARGE FOR PERMIT TO OBSTRUCT OR CLOSE THE STREET FOR
CONSTRUCTION-RELATED PURPOSES.
11-3203 GENERAL POWERS OF THE COMMISSIONER OF TRANSPORTATION.
S. 3008 34 A. 3008
11-3204 PRESUMPTION AND BURDEN OF PROOF; PAYMENT OF SURCHARGE.
11-3205 RECORDS TO BE KEPT.
11-3206 EXEMPTIONS.
11-3207 DETERMINATION OF SURCHARGE.
11-3208 REMEDIES EXCLUSIVE.
11-3209 PROCEEDINGS TO RECOVER SURCHARGE.
11-3210 PENALTIES AND INTEREST.
11-3211 NOTICES AND LIMITATIONS OF TIME.
§ 11-3200 APPLICABILITY. THE PROVISIONS OF THIS CHAPTER SHALL ONLY
APPLY DURING ANY PERIOD IN WHICH A LOCAL LAW IMPLEMENTING ARTICLE
FORTY-FOUR-D OF THE VEHICLE AND TRAFFIC LAW IS NOT IN EFFECT, EXCEPT
THAT ANY PROVISION OF THIS CHAPTER RELATING TO THE COLLECTION, ADMINIS-
TRATION, OR ENFORCEMENT OF A SURCHARGE IMPOSED PURSUANT TO THIS CHAPTER
SHALL CONTINUE TO BE IN EFFECT DURING SUCH PERIOD AS IT RELATES TO SUCH
SURCHARGE.
§ 11-3201 DEFINITIONS. FOR PURPOSES OF THIS CHAPTER, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) AFFORDABLE HOUSING UNIT. THE TERM "AFFORDABLE HOUSING UNIT" MEANS
A RESIDENTIAL DWELLING UNIT THAT MUST BE AFFORDABLE TO RESIDENTS AT OR
BELOW A SPECIFIC INCOME LEVEL, PROVIDED THAT SUCH LEVEL DOES NOT EXCEED
ONE HUNDRED SIXTY-FIVE PERCENT OF THE AREA MEDIAN INCOME, PURSUANT TO
STATUTE, REGULATION, RESTRICTIVE COVENANT OR DECLARATION, OR PURSUANT TO
A REGULATORY AGREEMENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT ENTI-
TY, PUBLIC BENEFIT CORPORATION OR PUBLIC HOUSING AUTHORITY.
(B) AREA MEDIAN INCOME. THE TERM "AREA MEDIAN INCOME" MEANS THE INCOME
LIMITS AS DEFINED ANNUALLY BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR THE NEW YORK, NY HUD METRO FMR AREA (HMFA), AS
ESTABLISHED IN SECTION THREE OF THE HOUSING ACT OF NINETEEN HUNDRED
THIRTY-SEVEN, AS AMENDED.
(C) CENTRAL BUSINESS DISTRICT. THE TERM "CENTRAL BUSINESS DISTRICT"
MEANS THE GEOGRAPHIC AREA OF THE BOROUGH OF MANHATTAN SOUTH OF AND
INCLUSIVE OF SIXTIETH STREET.
(D) CONSTRUCTION PERMIT. THE TERM "CONSTRUCTION PERMIT" MEANS A PERMIT
ISSUED BY THE DEPARTMENT OF TRANSPORTATION RELATING TO THE OBSTRUCTION
OR CLOSURE OF A STREET OR PEDESTRIAN PLAZA FOR THE PURPOSE OF
CONSTRUCTION THAT IS REQUIRED FOR:
(1) PLACING CONSTRUCTION MATERIAL ON A STREET DURING WORKING HOURS;
(2) PLACING CONSTRUCTION EQUIPMENT OTHER THAN CRANES OR DERRICKS ON A
STREET DURING WORKING HOURS;
(3) TEMPORARILY CLOSING A SIDEWALK;
(4) CONSTRUCTING A TEMPORARY PEDESTRIAN WALK IN A ROADWAY;
(5) TEMPORARILY CLOSING A ROADWAY;
(6) PLACING A SHANTY OR TRAILER ON A STREET;
(7) CROSSING A SIDEWALK;
(8) PLACING A CRANE OR DERRICK ON A STREET DURING WORKING HOURS;
(9) STORING CONSTRUCTION MATERIAL ON A STREET DURING NON-WORKING
HOURS;
(10) STORING CONSTRUCTION EQUIPMENT ON A STREET DURING NON-WORKING
HOURS; OR
(11) OTHER CONSTRUCTION ACTIVITY THAT REQUIRES THE ISSUANCE OF A
PERMIT BY THE DEPARTMENT OF TRANSPORTATION FOR THE OBSTRUCTION OR
CLOSURE OF A STREET OR PEDESTRIAN PLAZA.
(E) DWELLING UNIT. THE TERM "DWELLING UNIT" HAS THE MEANING ASCRIBED
TO SUCH TERM IN THE HOUSING MAINTENANCE CODE.
(F) FULL OBSTRUCTION. THE TERM "FULL OBSTRUCTION" MEANS THE OCCUPATION
OF THE ENTIRE LENGTH OF A CURB LANE, VEHICULAR TRAVEL LANE, OR SIDEWALK
S. 3008 35 A. 3008
FOR CONSTRUCTION-RELATED ACTIVITY WHERE THERE IS A PERMIT ISSUED TO
CLOSE SUCH LENGTH TO MOTOR VEHICLES, PEDESTRIANS, OR BICYCLISTS.
(G) PARTIAL OBSTRUCTION. THE TERM "PARTIAL OBSTRUCTION" MEANS THE
OCCUPATION OF ALL OR A PORTION OF A LENGTH OF A SIDEWALK FOR CONSTRUC-
TION-RELATED ACTIVITY WHERE THERE IS A PERMIT ISSUED TO PROVIDE A TEMPO-
RARY PEDESTRIAN PATHWAY, EITHER IN THE CURB LANE, ON THE SIDEWALK, OR
WITHIN THE BUILDING ENVELOPE OF AN ADJACENT STRUCTURE.
(H) PEDESTRIAN PLAZA. THE TERM "PEDESTRIAN PLAZA" MEANS AN AREA DESIG-
NATED BY THE DEPARTMENT OF TRANSPORTATION AS SUCH FOR PEDESTRIAN CIRCU-
LATION, USE AND ENJOYMENT ON PROPERTY UNDER THE JURISDICTION OF THE
DEPARTMENT INCLUDING, BUT NOT LIMITED TO, PROPERTY MAPPED AS A PUBLIC
PLACE OR PROPERTY WITHIN THE BED OF A ROADWAY, AND WHICH MAY CONTAIN
AMENITIES SUCH AS TABLES, SEATING, TREES, PLANTS, LIGHTING, BIKE RACKS,
OR PUBLIC ART.
(I) ROADWAY. THE TERM "ROADWAY" MEANS THAT PORTION OF A STREET
DESIGNED, IMPROVED OR ORDINARILY USED FOR VEHICULAR TRAVEL, EXCLUSIVE OF
THE SHOULDER AND SLOPE.
(J) SIDEWALK. THE TERM "SIDEWALK" MEANS THAT PORTION OF A STREET
BETWEEN THE CURB LINES, OR THE LATERAL LINES OF A ROADWAY, AND THE ADJA-
CENT PROPERTY LINES, BUT NOT INCLUDING THE CURB, INTENDED FOR THE USE OF
PEDESTRIANS.
§ 11-3202 SURCHARGE FOR PERMIT TO OBSTRUCT OR CLOSE THE STREET FOR
CONSTRUCTION-RELATED PURPOSES. (A) A SURCHARGE IS IMPOSED ON THE ISSU-
ANCE OF ANY CONSTRUCTION PERMIT.
(B) THE RATE OF SUCH SURCHARGE SHALL BE: (1) FOR A CONSTRUCTION PERMIT
FOR THE PARTIAL OBSTRUCTION OF A SIDEWALK, FIVE DOLLARS FOR UP TO AND
INCLUDING TEN LINEAR FEET OF SIDEWALK PER DAY, EXCEPT FOR IN THE CENTRAL
BUSINESS DISTRICT, WHERE THE RATE SHALL BE TEN DOLLARS FOR UP TO AND
INCLUDING TEN LINEAR FEET OF SIDEWALK PER DAY;
(2) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF A SIDEWALK,
TWO HUNDRED DOLLARS FOR UP TO AND INCLUDING ONE HUNDRED LINEAR FEET PER
DAY, EXCEPT FOR IN THE CENTRAL BUSINESS DISTRICT WHERE THE RATE SHALL BE
FOUR HUNDRED DOLLARS FOR UP TO AND INCLUDING ONE HUNDRED LINEAR FEET PER
DAY;
(3) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF A CURB LANE,
FIFTEEN DOLLARS FOR UP TO AND INCLUDING TEN LINEAR FEET OF CURB LANE PER
DAY, EXCEPT FOR IN THE CENTRAL BUSINESS DISTRICT WHERE THE RATE SHALL BE
THIRTY-FIVE DOLLARS FOR UP TO AND INCLUDING TEN LINEAR FEET PER DAY;
(4) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF A VEHICULAR
TRAVEL LANE, THREE HUNDRED DOLLARS FOR UP TO AND INCLUDING ONE HUNDRED
LINEAR FEET OF VEHICULAR TRAVEL LANE PER DAY, EXCEPT FOR IN THE CENTRAL
BUSINESS DISTRICT WHERE THE RATE SHALL BE SEVEN HUNDRED DOLLARS FOR UP
TO AND INCLUDING ONE HUNDRED LINEAR FEET OF VEHICULAR TRAVEL LANE PER
DAY; AND
(5) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF ANY PORTION
OF A PEDESTRIAN PLAZA, THIRTY CENTS FOR UP TO AND INCLUDING TEN SQUARE
FEET OF VEHICULAR TRAVEL LANE PER DAY, EXCEPT FOR IN THE CENTRAL BUSI-
NESS DISTRICT WHERE THE RATE SHALL BE SIXTY CENTS FOR UP TO AND INCLUD-
ING TEN SQUARE FEET OF PEDESTRIAN PLAZA PER DAY.
(C) SUCH RATE SHALL BE REDUCED FOR THE INITIAL THREE HUNDRED SIXTY-
FIVE DAYS FOR WHICH THE CONSTRUCTION PERMIT HAS BEEN ISSUED AS FOLLOWS:
(1) SIXTY PERCENT OF THE SURCHARGE DUE FOR DAYS ONE THROUGH NINETY;
AND
(2) FORTY PERCENT OF THE SURCHARGE DUE FOR DAYS NINETY-ONE THROUGH
THREE HUNDRED SIXTY-FIVE.
S. 3008 36 A. 3008
(D) SUCH RATE SHALL BE REDUCED IN PROPORTION TO THE PERCENTAGE OF
AFFORDABLE HOUSING UNITS CREATED OR PRESERVED.
§ 11-3203 GENERAL POWERS OF THE COMMISSIONER OF TRANSPORTATION. THE
COMMISSIONER OF TRANSPORTATION IS HEREBY AUTHORIZED AND EMPOWERED:
(A) TO MAKE, ADOPT AND AMEND RULES AND REGULATIONS APPROPRIATE TO THE
CARRYING OUT OF THIS CHAPTER AND THE PURPOSES THEREOF;
(B) TO PRESCRIBE METHODS FOR DETERMINING THE CONSTRUCTION PERMITS
ISSUED OR THE LENGTH OR AREA OF STREET OR PEDESTRIAN PLAZA OBSTRUCTED;
(C) TO REQUIRE CONSTRUCTION CONTRACTORS, CONSTRUCTION MANAGERS, DESIGN
ENGINEERS, OR OTHER PERSONS, AS APPLICABLE, TO MAINTAIN RECORDS WITH
RESPECT TO STREETS AND PEDESTRIAN PLAZAS OBSTRUCTED, AND TO FURNISH ANY
INFORMATION WITH RESPECT THERETO UPON REQUEST TO THE COMMISSIONER OF
TRANSPORTATION;
(D) TO ASSESS, DETERMINE AND READJUST THE SURCHARGE IMPOSED UNDER THIS
CHAPTER;
(E) (1) TO ADMINISTER OATHS AND TAKE AFFIDAVITS, OR TO CAUSE THE
EMPLOYEES OR OFFICERS OF THE DEPARTMENT OF TRANSPORTATION TO ADMINISTER
OATHS AND AFFIDAVITS IN RELATION TO ANY MATTER OR PROCEEDING IN THE
EXERCISE OF THEIR POWERS AND DUTIES UNDER THIS CHAPTER; AND
(2) TO SUBPOENA AND REQUIRE THE ATTENDANCE OF WITNESSES AND THE
PRODUCTION OF BOOKS, PAPERS AND DOCUMENTS TO SECURE INFORMATION PERTI-
NENT TO THE PERFORMANCE OF SUCH COMMISSIONER'S DUTIES PURSUANT TO THIS
CHAPTER AND OF THE ENFORCEMENT OF THIS CHAPTER AND TO EXAMINE THEM IN
RELATION THERETO, AND TO ISSUE COMMISSIONS FOR THE EXAMINATION OF
WITNESSES WHO ARE OUT OF THE STATE OR UNABLE TO ATTEND BEFORE SUCH
COMMISSIONER OR EXCUSED FROM ATTENDANCE;
(F) TO REMIT PENALTIES BUT NOT INTEREST; AND TO COMPROMISE DISPUTED
CLAIMS IN CONNECTION WITH THE SURCHARGE HEREBY IMPOSED; AND
(G) TO DELEGATE THE FUNCTIONS HEREUNDER TO AN ASSISTANT COMMISSIONER
OR DEPUTY COMMISSIONER OF TRANSPORTATION OR TO ANY EMPLOYEE OR EMPLOYEES
OF SUCH COMMISSIONER.
§ 11-3204 PRESUMPTION AND BURDEN OF PROOF; PAYMENT OF SURCHARGE. (A)
IF A STREET OR PEDESTRIAN PLAZA IS OBSTRUCTED WITHOUT THE ISSUANCE OF A
VALID CONSTRUCTION PERMIT, OR IF A STREET OR PEDESTRIAN PLAZA IS
OBSTRUCTED BEYOND THE AREA OR BEYOND THE TIME PERIOD AUTHORIZED IN A
CONSTRUCTION PERMIT, IN A MANNER THAT WOULD SUBJECT SUCH OBSTRUCTION TO
THE SURCHARGE DESCRIBED IN SECTION 11-3202 OF THIS CHAPTER, THERE SHALL
BE A REBUTTABLE PRESUMPTION THAT SUCH OBSTRUCTION IS SUBJECT TO THE
SURCHARGE. IF AN OBSTRUCTION IS OBSERVED BEYOND THE TIME PERIOD IN WHICH
SUCH OBSTRUCTION WAS AUTHORIZED IN A CONSTRUCTION PERMIT, THERE SHALL BE
A REBUTTABLE PRESUMPTION THAT SUCH OBSTRUCTION OCCURRED CONTINUOUSLY
UNTIL SUCH OBSERVATION. IF AN OBSTRUCTION IS OBSERVED BEYOND THE AREA IN
WHICH SUCH OBSTRUCTION WAS AUTHORIZED IN A CONSTRUCTION PERMIT, THERE
SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH OBSTRUCTION OCCURRED CONTIN-
UOUSLY FROM THE POINT AT WHICH SUCH CONSTRUCTION PERMIT AUTHORIZED ANY
OBSTRUCTION. SUCH PRESUMPTION SHALL PREVAIL UNTIL THE CONTRARY IS ESTAB-
LISHED AND THE BURDEN OF PROVING THE CONTRARY SHALL BE UPON THE PERSON
TO WHOM THE CONSTRUCTION PERMIT IS ISSUED. SUCH SURCHARGE SHALL BE DUE
AGAINST THE PERSON TO WHOM THE CONSTRUCTION PERMIT IS ISSUED, OR IF NO
SUCH PERMIT WAS ISSUED, AGAINST THE PERSON CREATING SUCH OBSTRUCTION.
ANY PERSON UNDER CONTRACT WITH SUCH PERSON FOR THE PERFORMANCE OF WORK
OR OTHER ACTIVITY CREATING SUCH OBSTRUCTION SHALL ALSO BE LIABLE FOR
SUCH SURCHARGE.
(B) FOR THE PURPOSE OF PROPER ADMINISTRATION OF THIS CHAPTER AND TO
PREVENT EVASION OF THE SURCHARGE AUTHORIZED UNDER THIS CHAPTER, THE
SURCHARGE AUTHORIZED BY THIS CHAPTER SHALL BE DUE PRIOR TO ISSUANCE OF A
S. 3008 37 A. 3008
CONSTRUCTION PERMIT. THE PAYMENT SHALL BE MADE BY THE PERSON TO WHOM THE
CONSTRUCTION PERMIT IS ISSUED AND SHALL BE PAID TO THE DEPARTMENT OF
TRANSPORTATION IN ACCORDANCE WITH RULES OF SUCH DEPARTMENT.
(C) THE SURCHARGE SHALL NOT BE REFUNDABLE, EXCEPT WHERE A REDUCTION
FOR SUCH SURCHARGE IS AUTHORIZED PURSUANT TO SUBDIVISION (D) OF SECTION
11-3202 OF THIS CHAPTER AND AN APPLICATION FOR SUCH REDUCTION IS FILED
WITH THE DEPARTMENT OF TRANSPORTATION NO LATER THAN: (1) EIGHTEEN MONTHS
AFTER EXECUTION OF: (I) AN AGREEMENT WITH A FEDERAL, STATE OR LOCAL
GOVERNMENT ENTITY, PUBLIC BENEFIT CORPORATION, OR PUBLIC HOUSING AUTHOR-
ITY, RELATING TO THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING
UNITS; OR (II) A SIMILAR INSTRUMENT; OR (2) EIGHTEEN MONTHS AFTER
PAYMENT OF SUCH SURCHARGE.
§ 11-3205 RECORDS TO BE KEPT. EVERY PERSON TO WHOM A CONSTRUCTION
PERMIT HAS BEEN ISSUED SHALL KEEP RECORDS IN SUCH FORM AND MANNER AS THE
COMMISSIONER MAY BY RULE REQUIRE. SUCH RECORDS SHALL BE PRESERVED FOR A
PERIOD OF THREE YEARS FROM THE DATE OF ISSUANCE OF SUCH CONSTRUCTION
PERMIT. SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION AND EXAMINATION
UPON DEMAND BY THE COMMISSIONER OF TRANSPORTATION OR THE COMMISSIONER'S
DULY AUTHORIZED AGENT OR EMPLOYEE.
§ 11-3206 EXEMPTIONS. THE SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY
OF SECTION 11-3202 OF THIS CHAPTER SHALL NOT BE IMPOSED ON ANY
CONSTRUCTION PERMIT ISSUED TO:
(A) THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES; INSTRUMENTALITIES,
PUBLIC CORPORATIONS OR POLITICAL SUBDIVISIONS WHERE IT IS THE PERMITTEE;
(B) THE UNITED STATES OF AMERICA, AND ANY OF ITS AGENCIES AND INSTRU-
MENTALITIES, INSOFAR AS IT IS IMMUNE FROM TAXATION WHERE IT IS THE
PERMITTEE; OR
(C) ANY PERSON WHERE THE CONSTRUCTION FOR WHICH SUCH PERMIT IS ISSUED
RELATES TO THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING UNITS
PROVIDED THAT SUCH AFFORDABLE HOUSING UNITS CONSTITUTE NO LESS THAN
FIFTY PERCENT OF THE TOTAL NUMBER OF DWELLING UNITS CREATED OR PRESERVED
BY SUCH CONSTRUCTION.
§ 11-3207 DETERMINATION OF SURCHARGE. IF A SURCHARGE REQUIRED BY
SECTION 11-3202 OF THIS CHAPTER IS NOT PAID, OR IF THE AMOUNT OF THE
SURCHARGE THAT IS PAID IS INCORRECT OR INSUFFICIENT, THE AMOUNT OF
SURCHARGE DUE SHALL BE DETERMINED BY THE COMMISSIONER OF TRANSPORTATION
FROM SUCH INFORMATION AS MAY BE OBTAINABLE, AND, IF NECESSARY, SUCH
SURCHARGE MAY BE ESTIMATED ON THE BASIS OF FACTORS DETERMINED BY THE
COMMISSIONER OF TRANSPORTATION, IN ACCORDANCE WITH THE PRESUMPTIONS SET
FORTH IN SUBDIVISION (A) OF SECTION 11-3204 OF THIS CHAPTER. NOTICE OF
SUCH DETERMINATION SHALL BE GIVEN TO THE PERSON LIABLE FOR THE PAYMENT
OF THE SURCHARGE. SUCH DETERMINATION SHALL FINALLY AND IRREVOCABLY FIX
THE SURCHARGE UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED, WITHIN
NINETY DAYS AFTER GIVING NOTICE OF SUCH DETERMINATION, SHALL APPLY TO
THE HEARING OFFICER AT THE DEPARTMENT OF TRANSPORTATION FOR A HEARING,
OR UNLESS THE COMMISSIONER OF TRANSPORTATION ON THEIR OWN MOTION SHALL
REDETERMINE THE SAME. AFTER SUCH HEARING, THE COMMISSIONER OF TRANSPOR-
TATION'S DETERMINATION SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR
UNCONSTITUTIONALITY OR ANY OTHER REASON WHATSOEVER BY A PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES IF APPLICATION
THEREFOR IS MADE TO THE SUPREME COURT WITHIN FOUR MONTHS AFTER GIVING OF
THE NOTICE OF SUCH DETERMINATION. A PROCEEDING UNDER ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE INSTITUTED
UNLESS: (A) THE AMOUNT OF ANY SURCHARGE SOUGHT TO BE REVIEWED, WITH
PENALTIES AND INTEREST THEREON, IF ANY, SHALL BE FIRST DEPOSITED WITH
THE COMMISSIONER OF TRANSPORTATION AND THERE SHALL BE FILED WITH THE
S. 3008 38 A. 3008
COMMISSIONER OF TRANSPORTATION AN UNDERTAKING, ISSUED BY A SURETY COMPA-
NY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE, AND APPROVED BY THE
SUPERINTENDENT OF INSURANCE OF THIS STATE AS TO SOLVENCY AND RESPONSI-
BILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT SHALL APPROVE
TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE SURCHARGE
CONFIRMED, THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH MAY
ACCRUE IN THE PROSECUTION OF THE PROCEEDING; OR (B) AT THE OPTION OF THE
APPLICANT SUCH UNDERTAKING FILED WITH THE COMMISSIONER OF TRANSPORTATION
MAY BE IN A SUM SUFFICIENT TO COVER THE SURCHARGES, PENALTIES AND INTER-
EST THEREON STATED IN SUCH DETERMINATION PLUS THE COSTS AND CHARGES
WHICH MAY ACCRUE AGAINST IT IN THE PROSECUTION OF THE PROCEEDING, IN
WHICH EVENT THE APPLICANT SHALL NOT BE REQUIRED TO DEPOSIT SUCH
SURCHARGES, PENALTIES AND INTEREST AS A CONDITION PRECEDENT TO THE
APPLICATION.
§ 11-3208 REMEDIES EXCLUSIVE. THE REMEDIES PROVIDED BY SECTION 11-3207
OF THIS CHAPTER SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON
FOR THE REVIEW OF LIABILITY FOR THE SURCHARGE IMPOSED BY SECTION 11-3202
OF THIS CHAPTER; AND NO DETERMINATION OR PROPOSED DETERMINATION OF
SURCHARGE SHALL BE ENJOINED OR REVIEWED BY AN ACTION FOR DECLARATORY
JUDGMENT, AN ACTION FOR MONEY HAD AND RECEIVED OR BY ANY ACTION OR
PROCEEDING OTHER THAN A PROCEEDING IN THE NATURE OF A CERTIORARI
PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES; PROVIDED, HOWEVER, THAT SUCH PERSON MAY PROCEED BY DECLARATORY
JUDGMENT IF SUCH PERSON INSTITUTES SUIT WITHIN THIRTY DAYS AFTER A DEFI-
CIENCY ASSESSMENT IS MADE AND PAYS THE AMOUNT OF THE DEFICIENCY ASSESS-
MENT TO THE COMMISSIONER OF TRANSPORTATION PRIOR TO THE INSTITUTION OF
SUCH SUIT AND POSTS A BOND FOR COSTS AS PROVIDED IN SECTION 11-3207 OF
THIS CHAPTER.
§ 11-3209 PROCEEDINGS TO RECOVER SURCHARGE. (A) WHENEVER ANY PERSON TO
WHOM A CONSTRUCTION PERMIT HAS BEEN ISSUED FAILS TO PAY THE CORRECT AND
SUFFICIENT SURCHARGE, PENALTY OR INTEREST IMPOSED BY THIS CHAPTER AS
THEREIN PROVIDED, THE COMMISSIONER OF TRANSPORTATION SHALL NOTIFY THE
COMMISSIONER OF FINANCE OF ALL RELEVANT RECORDS DETERMINED NECESSARY BY
THE COMMISSIONER OF FINANCE TO FACILITATE COLLECTION OF SUCH SURCHARGE.
THE CORPORATION COUNSEL SHALL, UPON THE REQUEST OF THE COMMISSIONER OF
FINANCE BRING OR CAUSE TO BE BROUGHT AN ACTION TO ENFORCE THE PAYMENT OF
THE SAME ON BEHALF OF THE CITY OF NEW YORK IN ANY COURT OF THE STATE OF
NEW YORK OR OF ANY OTHER STATE OR OF THE UNITED STATES. IF, HOWEVER, THE
COMMISSIONER OF FINANCE IN THEIR DISCRETION BELIEVES THAT ANY SUCH
PERSON IS ABOUT TO CEASE BUSINESS, LEAVE THE STATE OR REMOVE OR DISSI-
PATE THE ASSETS OUT OF WHICH THE SURCHARGE, PENALTY OR INTEREST MIGHT BE
SATISFIED, AND THAT ANY SUCH SURCHARGE, PENALTY OR INTEREST WILL NOT BE
PAID WHEN DUE, THE COMMISSIONER OF FINANCE MAY DECLARE SUCH SURCHARGE,
PENALTY OR INTEREST TO BE IMMEDIATELY DUE AND PAYABLE AND MAY ISSUE A
WARRANT IMMEDIATELY.
(B) AS AN ADDITIONAL OR ALTERNATE REMEDY, THE COMMISSIONER OF FINANCE
MAY ISSUE A WARRANT, DIRECTED TO THE CITY SHERIFF COMMANDING THE CITY
SHERIFF TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY OF THE
PERSON LIABLE FOR THE SURCHARGE, WHICH MAY BE FOUND WITHIN THE CITY, FOR
THE PAYMENT OF THE AMOUNT THEREOF, WITH ANY PENALTIES AND INTEREST, AND
THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE
COMMISSIONER OF FINANCE AND TO PAY TO THE COMMISSIONER OF FINANCE THE
MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF
SUCH WARRANT. THE CITY SHERIFF SHALL WITHIN FIVE DAYS AFTER THE RECEIPT
OF THE WARRANT FILE WITH THE COUNTY CLERK A COPY THEREOF, AND THEREUPON
SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE PERSON
S. 3008 39 A. 3008
MENTIONED IN THE WARRANT AND THE AMOUNT OF THE SURCHARGE, PENALTIES AND
INTEREST FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS
FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A
LIEN UPON THE TITLE TO AND INTEREST IN REAL AND PERSONAL PROPERTY OF THE
PERSON AGAINST WHOM THE WARRANT IS ISSUED. THE CITY SHERIFF SHALL THEN
PROCEED UPON THE WARRANT, IN THE SAME MANNER, AND WITH LIKE EFFECT, AS
THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY
UPON JUDGMENTS OF A COURT OF RECORD, AND FOR SERVICES IN EXECUTING THE
WARRANT THE CITY SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH SUCH
CITY SHERIFF MAY COLLECT IN THE SAME MANNER. IN THE DISCRETION OF THE
COMMISSIONER OF FINANCE A WARRANT OF LIKE TERMS, FORCE AND EFFECT MAY BE
ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF
FINANCE, AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL
HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT SHALL BE ENTI-
TLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN
THE PERFORMANCE OF SUCH DUTY. IF A WARRANT IS RETURNED NOT SATISFIED IN
FULL, THE COMMISSIONER OF FINANCE MAY FROM TIME TO TIME ISSUE NEW
WARRANTS AND SHALL ALSO HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT DUE
THEREUNDER AS IF THE CITY HAD RECOVERED JUDGMENT THEREFORE AND EXECUTION
THEREON HAD BEEN RETURNED UNSATISFIED.
(C) THE COMMISSIONER OF FINANCE, IF SUCH COMMISSIONER FINDS THAT THE
INTERESTS OF THE CITY WILL NOT THEREBY BE JEOPARDIZED, AND UPON SUCH
CONDITIONS AS THE COMMISSIONER OF FINANCE MAY REQUIRE, MAY RELEASE ANY
PROPERTY FROM THE LIEN OF ANY WARRANT OR VACATE SUCH WARRANT FOR UNPAID
SURCHARGES, PENALTIES AND INTEREST FILED PURSUANT TO SUBDIVISION (B) OF
THIS SECTION, AND SUCH RELEASE OR VACATING OF THE WARRANT MAY BE
RECORDED IN THE OFFICE OF ANY RECORDING OFFICER IN WHICH SUCH WARRANT
HAS BEEN FILED. THE CLERK SHALL THEREUPON CANCEL AND DISCHARGE AS OF THE
ORIGINAL DATE OF DOCKETING THE VACATED WARRANT.
§ 11-3210 PENALTIES AND INTEREST. (A) ANY PERSON FAILING TO PAY ANY
SURCHARGE TO THE COMMISSIONER OF TRANSPORTATION WITHIN THE TIME REQUIRED
BY THIS CHAPTER SHALL BE SUBJECT TO A PENALTY OF FIVE PERCENT OF THE
AMOUNT OF SURCHARGE DUE; PLUS INTEREST AT THE RATE OF ONE PERCENT OF
SUCH SURCHARGE FOR EACH MONTH OF DELAY EXCEPTING THE FIRST MONTH AFTER
SUCH SURCHARGE BECAME DUE; BUT THE COMMISSIONER OF TRANSPORTATION IF
SATISFIED THAT THE DELAY WAS EXCUSABLE, MAY REMIT ALL OR ANY PART OF
SUCH PENALTY, BUT NOT INTEREST AT THE RATE OF SIX PERCENT PER YEAR. SUCH
PENALTIES AND INTEREST SHALL BE PAID AND DISPOSED OF IN THE SAME MANNER
AS OTHER REVENUES FROM THIS CHAPTER. UNPAID PENALTIES AND INTEREST MAY
BE ENFORCED IN THE SAME MANNER AS THE SURCHARGE IMPOSED BY THIS CHAPTER.
(B) ANY PERSON FAILING TO KEEP THE RECORDS REQUIRED BY SUBDIVISION (C)
OF SECTION 11-3203 OF THIS CHAPTER, SHALL, IN ADDITION TO THE PENALTIES
HEREIN OR ELSEWHERE PRESCRIBED, BE SUBJECT TO A CIVIL PENALTY IN AN
AMOUNT UP TO ONE HUNDRED DOLLARS PER DAY FROM THE DATE ON WHICH A DETER-
MINATION HAS BEEN MADE THAT ANY SUCH PERSON FAILED TO KEEP ANY SUCH
RECORDS UNTIL THE DATE ON WHICH SUCH RECORDS ARE PROVIDED, PROVIDED THAT
SUCH PERIOD SHALL BE NO GREATER THAN THREE YEARS. IT SHALL NOT BE ANY
DEFENSE TO AN ACTION UNDER THIS SUBDIVISION THAT THE FAILURE TO KEEP THE
RECORDS WAS UNINTENTIONAL OR NOT WILLFUL.
(C) THE CERTIFICATE OF THE COMMISSIONER OF TRANSPORTATION TO THE
EFFECT THAT A SURCHARGE HAS NOT BEEN PAID OR THAT INFORMATION HAS NOT
BEEN SUPPLIED PURSUANT TO THE PROVISIONS OF THIS CHAPTER, SHALL BE
PRESUMPTIVE EVIDENCE THEREOF.
(D) ANY PERSON FAILING TO SUBMIT THE REQUIRED PERMIT APPLICATION FOR A
CONSTRUCTION PERMIT AND WHO FAILS TO PAY THE SURCHARGE AUTHORIZED BY THE
PROVISIONS OF THIS CHAPTER, SHALL, IN ADDITION TO THE PENALTIES HEREIN
S. 3008 40 A. 3008
OR ELSEWHERE PRESCRIBED, BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NO
GREATER THAN TEN PERCENT OF SUCH SURCHARGE.
§ 11-3211 NOTICES AND LIMITATIONS OF TIME. (A) ANY NOTICE AUTHORIZED
OR REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER MAY BE GIVEN BY MAILING
THE SAME TO THE PERSON FOR WHOM IT IS INTENDED IN A POSTPAID ENVELOPE
ADDRESSED TO SUCH PERSON AT THE ADDRESS GIVEN IN THE CONSTRUCTION PERMIT
ISSUED TO SUCH PERSON PURSUANT TO THE RULES OF THE CITY OF NEW YORK OR,
IF NO PERMIT HAS BEEN ISSUED TO SUCH PERSON, THEN TO SUCH ADDRESS AS MAY
BE OBTAINABLE. THE MAILING OF SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE
OF THE RECEIPT OF THE SAME BY THE PERSON TO WHOM ADDRESSED. ANY PERIOD
OF TIME WHICH IS DETERMINED ACCORDING TO THE PROVISIONS OF THIS CHAPTER
BY THE GIVING OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING
OF SUCH NOTICE.
(B) THE PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES OR ANY OTHER
LAW RELATIVE TO LIMITATIONS OF TIME FOR THE ENFORCEMENT OF A CIVIL REME-
DY SHALL NOT APPLY TO ANY PROCEEDING OR ACTION TAKEN BY THE CITY TO
LEVY, APPRAISE, ASSESS, DETERMINE OR ENFORCE THE COLLECTION OF ANY
SURCHARGE OR PENALTY PROVIDED BY THIS CHAPTER. HOWEVER, EXCEPT IN THE
CASE OF A WILLFULLY FALSE OR FRAUDULENTLY OBTAINED CONSTRUCTION PERMIT
WITH INTENT TO EVADE THE SURCHARGE, NO ASSESSMENT OF ADDITIONAL
SURCHARGE SHALL BE MADE AFTER THE EXPIRATION OF MORE THAN THREE YEARS
FROM THE DATE OF THE ISSUANCE OF A CONSTRUCTION PERMIT OR THE RENEWAL
THEREOF; PROVIDED, HOWEVER, THAT WHERE NO CONSTRUCTION PERMIT HAS BEEN
ISSUED, OR WHERE THERE HAS BEEN A CHANGE RELATING TO THE USE OF THE
STREET FOR WHICH A CONSTRUCTION PERMIT HAS BEEN ISSUED THAT WOULD
INCREASE THE AMOUNT OF THE SURCHARGE, ANY ADDITIONAL SURCHARGE MAY BE
ASSESSED AT ANY TIME.
§ 3. Any local law enacted pursuant to the authority of section one of
this act shall designate an agency to adopt rules and regulations to
implement the provisions of such section.
§ 4. This act shall take effect immediately, except that section two
of this act shall take effect January 1, 2028.
PART Q
Section 1. The section heading, paragraphs 1, 2, 4 and subparagraph
(i) of paragraph 6 of subdivision (a), subdivisions (b), (e), (f), (h),
(i), (j), paragraph 3 of subdivision (g) and the opening paragraph of
subdivision (m) of section 1180-e of the vehicle and traffic law, as
added by chapter 421 of the laws of 2021, are amended to read as
follows:
Owner liability for failure of operator to comply with certain posted
maximum speed limits; HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA.
1. Notwithstanding any other provision of law, the commissioner of
transportation is hereby authorized to establish a [demonstration]
program imposing monetary liability on the owner of a vehicle for fail-
ure of an operator thereof to comply with posted maximum speed limits in
a highway construction or maintenance work area located on a cont-
rolled-access highway (i) when highway construction or maintenance work
is occurring and a work area speed limit is in effect as provided in
paragraph two of subdivision (d) or subdivision (f) of section eleven
hundred eighty of this article or (ii) when highway construction or
maintenance work is occurring and other speed limits are in effect as
provided in subdivision (b) or (g) or paragraph one of subdivision (d)
of section eleven hundred eighty of this article. Such [demonstration]
program shall empower the commissioner to install photo speed violation
S. 3008 41 A. 3008
monitoring systems within no more than twenty highway construction or
maintenance work areas located on controlled-access highways and to
operate such systems within such work areas (iii) when highway
construction or maintenance work is occurring and a work area speed
limit is in effect as provided in paragraph two of subdivision (d) or
subdivision (f) of section eleven hundred eighty of this article or (iv)
when highway construction or maintenance work is occurring and other
speed limits are in effect as provided in subdivision (b) or (g) or
paragraph one of subdivision (d) of section eleven hundred eighty of
this article. The commissioner, in consultation with the superintendent
of the division of state police, shall determine the location of the
highway construction or maintenance work areas located on a controlled-
access highway in which to install and operate photo speed violation
monitoring systems. In selecting a highway construction or maintenance
work area in which to install and operate a photo speed violation moni-
toring system, the commissioner shall consider criteria including, but
not limited to, the speed data, crash history, and roadway geometry
applicable to such highway construction or maintenance work area. A
photo speed violation monitoring system shall not be installed or oper-
ated on a controlled-access highway exit ramp.
2. Notwithstanding any other provision of law, [after holding a public
hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by a majority of the members of the entire board of
the thruway authority,] the chair of the thruway authority is hereby
authorized to establish a [demonstration] program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a highway construction or
maintenance work area located on the thruway (i) when highway
construction or maintenance work is occurring and a work area speed
limit is in effect as provided in paragraph two of subdivision (d) or
subdivision (f) of section eleven hundred eighty of this article or (ii)
when highway construction or maintenance work is occurring and other
speed limits are in effect as provided in subdivision (b) or (g) or
paragraph one of subdivision (d) of section eleven hundred eighty of
this article. Such [demonstration] program shall empower the chair to
install photo speed violation monitoring systems within no more than ten
highway construction or maintenance work areas located on the thruway
and to operate such systems within such work areas (iii) when highway
construction or maintenance work is occurring and a work area speed
limit is in effect as provided in paragraph two of subdivision (d) or
subdivision (f) of section eleven hundred eighty of this article or (iv)
when highway construction or maintenance work is occurring and other
speed limits are in effect as provided in subdivision (b) or (g) or
paragraph one of subdivision (d) of section eleven hundred eighty of
this article. The chair, in consultation with the superintendent of the
division of state police, shall determine the location of the highway
construction or maintenance work areas located on the thruway in which
to install and operate photo speed violation monitoring systems. In
selecting a highway construction or maintenance work area in which to
install and operate a photo speed violation monitoring system, the chair
shall consider criteria including, but not limited to, the speed data,
crash history, and roadway geometry applicable to such highway
construction or maintenance work area. A photo speed violation monitor-
ing system shall not be installed or operated on a thruway exit ramp.
S. 3008 42 A. 3008
4. Operators of photo speed violation monitoring systems shall have
completed training in the procedures for setting up, testing, and oper-
ating such systems. Each such operator shall complete and sign a daily
set-up log for each such system that [he or she] THE OPERATOR operates
that (i) states the date and time when, and the location where, the
system was set up that day, and (ii) states that such operator success-
fully performed, and the system passed, the self-tests of such system
before producing a recorded image that day. The commissioner or the
chair, as applicable, shall retain each such daily log until the later
of the date on which the photo speed violation monitoring system to
which it applies has been permanently removed from use or the final
resolution of all cases involving notices of liability issued based on
photographs, microphotographs, video or other recorded images produced
by such system.
(i) Such [demonstration] program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs, microphoto-
graphs, videotape or other recorded images produced by such photo speed
violation monitoring systems shall not include images that identify the
driver, the passengers, or the contents of the vehicle. Provided,
however, that no notice of liability issued pursuant to this section
shall be dismissed solely because such a photograph, microphotograph,
videotape or other recorded image allows for the identification of the
driver, the passengers, or the contents of vehicles where the commis-
sioner or the chair, as applicable, shows that they made reasonable
efforts to comply with the provisions of this paragraph in such case.
(b) If the commissioner or chair establishes a [demonstration] program
pursuant to subdivision (a) of this section, 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, within a highway construction or maintenance work area
located on a controlled-access highway or on the thruway in violation of
paragraph two of subdivision (d) or subdivision (f), or when other speed
limits are in effect in violation of subdivision (b) or (g) or paragraph
one of subdivision (d), of section eleven hundred eighty of this arti-
cle, such vehicle was traveling at a speed of more than ten miles per
hour above the posted speed limit in effect within such highway
construction or maintenance work area, and such violation is evidenced
by information obtained from a photo speed violation monitoring system;
provided however that no owner of a vehicle shall be liable for a penal-
ty imposed pursuant to this section where the operator of such vehicle
has been convicted of the underlying violation of subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this article.
(e) An owner liable for a violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this article pursuant to a
[demonstration] program established pursuant to this section shall be
liable for monetary penalties not to exceed fifty dollars for a first
violation, [seventy-five] ONE HUNDRED TWENTY-FIVE dollars for a second
violation both of which were committed within a period of eighteen
months, and one hundred SEVENTY-FIVE dollars for a third or subsequent
violation all of which were committed within a period of eighteen
months; provided, however, that an additional penalty not in excess of
twenty-five dollars for each violation may be imposed for the failure to
respond to a notice of liability within the prescribed time period.
(f) An imposition of liability under the [demonstration] program
established pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the operating record of the
S. 3008 43 A. 3008
person upon whom such liability is imposed nor shall it be used for
insurance purposes in the provision of motor vehicle insurance coverage.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which [he or she] THE OWNER
may contest the liability alleged in the notice. Such notice of liabil-
ity shall also contain a prominent warning to advise the person 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.
(h) Adjudication of the liability imposed upon owners of this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law where the violation
occurred or, if there be none, by [the court having jurisdiction over
traffic infractions where the violation occurred, except that if a city
has established an administrative tribunal to hear and determine
complaints of traffic infractions constituting parking, standing or
stopping violations such city may, by local law, authorize such adjudi-
cation by such tribunal], A HEARING OFFICER DESIGNATED BY THE COMMIS-
SIONER OF MOTOR VEHICLES PROVIDED, HOWEVER, IF A CITY WITH A POPULATION
OF ONE MILLION OR MORE HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO
HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARK-
ING, STANDING OR STOPPING VIOLATIONS, SUCH TRIBUNAL SHALL ADJUDICATE
LIABILITY PURSUANT TO THIS SECTION.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of such vehicle was reported to the police department as
having been stolen, it shall be a valid defense to an allegation of
liability for a violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this article pursuant to this section that the
vehicle or the number plate or plates of such vehicle had been reported
to the police as stolen prior to the time the violation occurred and had
not been recovered by such time. For purposes of asserting the defense
provided by this subdivision, it shall be sufficient that a certified
copy of the police report on the stolen vehicle or number plate or
plates of such vehicle be sent by first class mail to the [traffic
violations bureau, court having jurisdiction or parking violations
bureau] DEPARTMENT OF TRANSPORTATION OR THRUWAY AUTHORITY AS APPLICABLE.
(j) 1. [Where the adjudication of liability imposed upon owners pursu-
ant to this section is by a traffic violations bureau or a court having
jurisdiction, an] AN owner who is a lessor of a vehicle to which a
notice of liability was issued pursuant to subdivision (g) of this
section shall not be liable for the violation of subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this article pursuant to
this section, provided that [he or she] THE OWNER sends to the [traffic
violations bureau or court having jurisdiction] COMMISSIONER OR CHAIR AS
APPLICABLE a copy of the rental, lease or other such contract document
covering such vehicle on the date of the violation, with the name and
address of the lessee clearly legible, within thirty-seven days after
receiving notice from the [bureau or court] COMMISSIONER OR CHAIR AS
APPLICABLE of the date and time of such violation, together with the
other information contained in the original notice of liability. Failure
to send such information within such thirty-seven day time period shall
render the owner liable for the penalty prescribed by this section.
Where the lessor complies with the provisions of this paragraph, the
lessee of such vehicle on the date of such violation shall be deemed to
be the owner of such vehicle for purposes of this section, shall be
S. 3008 44 A. 3008
subject to liability for the violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. [(i)] In a city which, by local law, has authorized the adjudi-
cation of liability imposed upon owners by this section by a parking
violations bureau, an owner who is a lessor of a vehicle to which a
notice of liability was issued pursuant to subdivision (g) of this
section shall not be liable for the violation of subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this article, provided
that:
[(A)] (I) prior to the violation, the lessor has filed with the bureau
in accordance with the provisions of section two hundred thirty-nine of
this chapter; and
[(B)] (II) within thirty-seven days after receiving notice from the
[bureau] CHAIR OR COMMISSIONER AS APPLICABLE of the date and time of a
liability, together with the other information contained in the original
notice of liability, the lessor submits to the 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 the [bureau] CHAIR OR COMMIS-
SIONER AS APPLICABLE pursuant to regulations that may be promulgated for
such purpose.
[(ii)] 3. Failure to comply with [clause (B) of subparagraph (i) of]
this [paragraph] SUBDIVISION shall render the owner liable for the
penalty prescribed in this section.
[(iii)] 4. Where the lessor complies with the provisions of this
[paragraph] 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 pursu-
ant to this section and shall be sent a notice of liability pursuant to
subdivision (g) of this section.
If the commissioner or chair adopts a [demonstration] program pursuant
to subdivision (a) of this section the commissioner or chair, as appli-
cable, shall [conduct a study and] submit a report on or before [May
first, two thousand twenty-four and a report on or before] May first,
two thousand twenty-six on the results of the use of photo devices to
the governor, the temporary president of the senate and the speaker of
the assembly. The commissioner or chair 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
commissioner or chair finds that publishing specific location data would
jeopardize public safety. Such report shall include:
§ 2. The vehicle and traffic law is amended by adding a new section
1180-h to read as follows:
§ 1180-H. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS; TRIBOROUGH BRIDGE AND TUNNEL
PROJECT HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA. (A) 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT
CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE THREE OF ARTICLE
THREE OF THE PUBLIC AUTHORITIES LAW, IS HEREBY AUTHORIZED TO ESTABLISH A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN
A CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED AT ANY TRIBOROUGH BRIDGE
S. 3008 45 A. 3008
AND TUNNEL AUTHORITY PROJECT REFERRED TO IN SUBDIVISION NINE OF SECTION
FIVE HUNDRED FIFTY-THREE OF THE PUBLIC AUTHORITIES LAW, OR AS OTHERWISE
PROVIDED IN AN APPLICABLE INTERAGENCY AGREEMENT, (I) WHEN CONSTRUCTION
OR MAINTENANCE WORK IS OCCURRING AND A WORK AREA SPEED LIMIT IS IN
EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION
(F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN
CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND OTHER SPEED LIMITS ARE
IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. SUCH
PROGRAM SHALL EMPOWER THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO
INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN CONSTRUCTION OR
MAINTENANCE WORK AREAS LOCATED AT TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
PROJECTS AND TO OPERATE SUCH SYSTEMS WITHIN SUCH WORK AREAS (III) WHEN
CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND A WORK AREA SPEED
LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (IV)
WHEN CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND OTHER SPEED
LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH
ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL DETERMINE THE LOCATION
OF THE CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED AT A TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY PROJECT IN WHICH TO INSTALL AND OPERATE
PHOTO SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A CONSTRUCTION OR
MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
VIOLATION MONITORING SYSTEM, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO, THE SPEED DATA,
CRASH HISTORY, AND ROADWAY GEOMETRY APPLICABLE TO SUCH CONSTRUCTION OR
MAINTENANCE WORK AREA.
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
CONSTRUCTION OR MAINTENANCE WORK AREA UNLESS (I) ON THE DAY IT IS TO BE
USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II)
IT HAS UNDERGONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARA-
GRAPH FOUR OF THIS SUBDIVISION. THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY SHALL INSTALL SIGNS GIVING NOTICE THAT A PHOTO SPEED VIOLATION MONI-
TORING SYSTEM IS IN USE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN
THE MUTCD.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT THE OPERATOR OPERATES THAT (I)
STATES THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS
SET UP THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY
PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE
PRODUCING A RECORDED IMAGE THAT DAY. THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY SHALL RETAIN EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE
ON WHICH THE PHOTO SPEED VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES
HAS BEEN PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL
CASES INVOLVING NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICRO-
PHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF
CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A
NOTICE OF LIABILITY ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTO-
S. 3008 46 A. 3008
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM.
5. (I) SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO
THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITORING
SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED
IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR
THE CONTENTS OF VEHICLES WHERE THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS
OF THIS PARAGRAPH IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FOR THE
PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS
SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO
THIS SECTION, AND SHALL BE DESTROYED BY THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH
SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
S. 3008 47 A. 3008
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) 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, WITHIN A CONSTRUCTION OR
MAINTENANCE WORK AREA LOCATED AT A TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY PROJECT IN VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVI-
SION (F), OR WHEN OTHER SPEED LIMITS ARE IN EFFECT IN VIOLATION OF
SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A
SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN
EFFECT WITHIN SUCH CONSTRUCTION OR MAINTENANCE WORK AREA, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM; 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 SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
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;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A CONSTRUCTION OR MAINTENANCE WORK AREA
LOCATED AT A TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PROJECT IN VIOLATION
OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
4. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PROJECTS" SHALL MEAN THE
PROJECTS REFERRED TO IN SUBDIVISION NINE OF SECTION FIVE HUNDRED FIFTY-
THREE OF THE PUBLIC AUTHORITIES LAW, OR AS OTHERWISE PROVIDED IN AN
APPLICABLE INTERAGENCY AGREEMENT.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR ITS AGENT AS APPLICABLE,
OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHO-
TOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO SPEED
VIOLATION MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO
DATE AND TIME STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT
INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR VEHICLE TO THE EXTENT
PRACTICABLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN ADVANCE
S. 3008 48 A. 3008
OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION
PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONE-
TARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST VIOLATION, ONE
HUNDRED TWENTY-FIVE DOLLARS FOR A SECOND VIOLATION BOTH OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED SEVENTY-
FIVE DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION ALL OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS; PROVIDED, HOWEVER, THAT AN
ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH
VIOLATION MAY BE IMPOSED FOR THE FAILURE TO RESPOND TO A NOTICE OF
LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS 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 VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE TO THE EXTENT PRACTICABLE, AND THE CERTIFICATE CHARGING THE
LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON 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 THERE-
ON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE TRIBOR-
OUGH BRIDGE AND TUNNEL AUTHORITY OR BY ANY OTHER ENTITY AUTHORIZED BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO PREPARE AND MAIL SUCH
NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
S. 3008 49 A. 3008
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR
PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY.
(J) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
PROVIDED THAT THE OWNER SENDS TO THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND
ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER
RECEIVING NOTICE FROM THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OF THE
DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH
INFORMATION WITHIN SUCH THIRTY-SEVEN-DAY TIME PERIOD SHALL RENDER THE
OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE
LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF
SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE
OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO
LIABILITY FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF
THIS SECTION.
2. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE
LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU 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 TRIBOR-
OUGH BRIDGE AND TUNNEL AUTHORITY OF THE DATE AND TIME OF A LIABILITY,
TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF
LIABILITY, THE LESSOR SUBMITS TO THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PURSUANT TO REGULATIONS THAT MAY
BE PROMULGATED FOR SUCH PURPOSE.
3. FAILURE TO COMPLY WITH THIS SUBDIVISION SHALL RENDER THE OWNER
LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
4. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS 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 LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
S. 3008 50 A. 3008
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
§ 3. The vehicle and traffic law is amended by adding a new section
1180-i to read as follows:
§ 1180-I. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS; NEW YORK STATE BRIDGE AUTHORITY
PROJECT HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA. (A) 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE NEW YORK STATE BRIDGE AUTHORITY
"BRIDGE AUTHORITY", A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC
BENEFIT CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE TWO OF
ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW, IS HEREBY AUTHORIZED TO
ESTABLISH A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHI-
CLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
SPEED LIMITS IN A CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED AT ANY
BRIDGE AUTHORITY PROJECT REFERRED TO IN SUBDIVISION TEN OR TEN-A OF
SECTION FIVE HUNDRED TWENTY-EIGHT OF THE PUBLIC AUTHORITIES LAW, OR AS
OTHERWISE PROVIDED IN AN APPLICABLE INTERAGENCY AGREEMENT, (I) WHEN
CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND A WORK AREA SPEED
LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II)
WHEN CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND OTHER SPEED
LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH
ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
SUCH PROGRAM SHALL EMPOWER THE BRIDGE AUTHORITY TO INSTALL PHOTO SPEED
VIOLATION MONITORING SYSTEMS WITHIN CONSTRUCTION OR MAINTENANCE WORK
AREAS LOCATED AT BRIDGE AUTHORITY PROJECTS AND TO OPERATE SUCH SYSTEMS
WITHIN SUCH WORK AREAS (III) WHEN CONSTRUCTION OR MAINTENANCE WORK IS
OCCURRING AND A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARA-
GRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN CONSTRUCTION OR MAINTENANCE
WORK IS OCCURRING AND OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN
SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE BRIDGE AUTHORITY SHALL DETER-
MINE THE LOCATION OF THE CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED
AT A BRIDGE AUTHORITY PROJECT IN WHICH TO INSTALL AND OPERATE PHOTO
SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A CONSTRUCTION OR MAIN-
TENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
VIOLATION MONITORING SYSTEM, THE BRIDGE AUTHORITY SHALL CONSIDER CRITE-
RIA INCLUDING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND
S. 3008 51 A. 3008
ROADWAY GEOMETRY APPLICABLE TO SUCH CONSTRUCTION OR MAINTENANCE WORK
AREA.
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
CONSTRUCTION OR MAINTENANCE WORK AREA UNLESS (I) ON THE DAY IT IS TO BE
USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II)
IT HAS UNDERGONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARA-
GRAPH FOUR OF THIS SUBDIVISION. THE BRIDGE AUTHORITY SHALL INSTALL SIGNS
GIVING NOTICE THAT A PHOTO SPEED VIOLATION MONITORING SYSTEM IS IN USE,
IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT THE OPERATOR OPERATES THAT (I)
STATES THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS
SET UP THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY
PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE
PRODUCING A RECORDED IMAGE THAT DAY. THE BRIDGE AUTHORITY SHALL RETAIN
EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED
VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY
REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES
OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR
OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE BRIDGE
AUTHORITY SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE
UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY
ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEM.
5. (I) SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO
THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITORING
SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED
IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR
THE CONTENTS OF VEHICLES WHERE THE BRIDGE AUTHORITY SHOWS THAT IT MADE
REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN
SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE BRIDGE AUTHORITY FOR THE PURPOSE OF THE ADJUDI-
CATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER
RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE
DESTROYED BY THE BRIDGE AUTHORITY UPON THE FINAL RESOLUTION OF THE
NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF
ISSUANCE OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTAND-
ING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE
FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE
PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED
BY ANY COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR
PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION
S. 3008 52 A. 3008
OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC
ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFOR-
MATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY
OTHER RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) 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, WITHIN A CONSTRUCTION OR
MAINTENANCE WORK AREA LOCATED AT A BRIDGE AUTHORITY PROJECT IN VIOLATION
OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F), OR WHEN OTHER
SPEED LIMITS ARE IN EFFECT IN VIOLATION OF SUBDIVISION (B) OR (G) OR
PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF MORE THAN TEN
MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT WITHIN SUCH
CONSTRUCTION OR MAINTENANCE WORK AREA, AND SUCH VIOLATION IS EVIDENCED
BY INFORMATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM;
PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE
HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
S. 3008 53 A. 3008
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A CONSTRUCTION OR MAINTENANCE WORK AREA
LOCATED AT A BRIDGE AUTHORITY PROJECT IN VIOLATION OF SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
4. "BRIDGE AUTHORITY PROJECTS" SHALL MEAN THE PROJECTS REFERRED TO IN
SUBDIVISION TEN OR TEN-A OF SECTION FIVE HUNDRED TWENTY-EIGHT OF THE
PUBLIC AUTHORITIES LAW, OR AS OTHERWISE PROVIDED IN AN APPLICABLE INTER-
AGENCY AGREEMENT.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE BRIDGE AUTHORITY OR ITS AGENT AS APPLICABLE, OR A FACSIMILE THEREOF,
BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A PHOTO SPEED VIOLATION MONITORING
SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME
STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME
STATIONARY OBJECT NEAR THE MOTOR VEHICLE TO THE EXTENT PRACTICABLE AND
SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN ADVANCE OF AND AT ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONE-
TARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST VIOLATION, ONE
HUNDRED TWENTY-FIVE DOLLARS FOR A SECOND VIOLATION BOTH OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED SEVENTY-
FIVE DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION ALL OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS; PROVIDED, HOWEVER, THAT AN
ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH
VIOLATION MAY BE IMPOSED FOR THE FAILURE TO RESPOND TO A NOTICE OF
LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS 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 VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
S. 3008 54 A. 3008
PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE TO THE EXTENT PRACTICABLE, AND THE CERTIFICATE CHARGING THE
LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON 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 THERE-
ON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE BRIDGE
AUTHORITY OR BY ANY OTHER ENTITY AUTHORIZED BY THE BRIDGE AUTHORITY TO
PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
OCCURRED OR, IF THERE BE NONE, BY A HEARING OFFICER DESIGNATED BY THE
COMMISSIONER OF MOTOR VEHICLES.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR
PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE BRIDGE AUTHOR-
ITY.
(J) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
PROVIDED THAT THE OWNER SENDS TO THE BRIDGE AUTHORITY A COPY OF THE
RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON
THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE
CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM
THE BRIDGE AUTHORITY OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER
WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABIL-
ITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN-DAY TIME
PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS
SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARA-
GRAPH, 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 THE VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDI-
VISION (G) OF THIS SECTION.
S. 3008 55 A. 3008
2. IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION OF
LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU 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 BRIDGE
AUTHORITY OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER
INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR
SUBMITS TO THE BRIDGE AUTHORITY THE CORRECT NAME AND ADDRESS OF THE
LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME
OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION
CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE
REASONABLY REQUIRED BY THE BRIDGE AUTHORITY PURSUANT TO REGULATIONS THAT
MAY BE PROMULGATED FOR SUCH PURPOSE.
3. FAILURE TO COMPLY WITH THIS SUBDIVISION SHALL RENDER THE OWNER
LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
4. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS 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 LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
§ 4. Subdivisions 11 and 12 of section 1803 of the vehicle and traffic
law, as amended by chapter 557 of the laws of 2023, are amended and two
new subdivisions 13 and 14 are added to read as follows:
11. Where the commissioner of transportation has established a [demon-
stration] program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-e of this chapter, any fine or
S. 3008 56 A. 3008
penalty collected by a court, judge, magistrate or other officer for an
imposition of liability which occurs pursuant to such program shall be
paid to the state comptroller within the first ten days of the month
following collection, except as otherwise provided in subdivision three
of section ninety-nine-a of the state finance law. Every such payment
shall be accompanied by a statement in such form and detail as the comp-
troller shall provide. Notwithstanding the provisions of subdivision
five of this section, eighty percent of any such fine or penalty imposed
for such liability shall be paid to the general fund, and twenty percent
of any such fine or penalty shall be paid to the city, town or village
in which the violation giving rise to the liability occurred, provided,
however, that (A) within a county that has established a traffic and
parking violations agency pursuant to section three hundred seventy of
the general municipal law and such liability is disposed of by such
agency, eighty percent of any such fine or penalty imposed for such
liability shall be paid to the general fund, and twenty percent of any
such fine or penalty shall be paid to the county in which the violation
giving rise to the liability occurred; OR (B) WHERE COLLECTED BY A HEAR-
ING OFFICER APPOINTED BY THE COMMISSIONER, EIGHTY PERCENT OF ANY SUCH
FINE OR PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE GENERAL
FUND, AND TWENTY PERCENT SHALL BE DEPOSITED IN THE WORK ZONE SPEED
CAMERA ADMINISTRATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-
SS OF THE STATE FINANCE LAW. With respect to the percentage of fines or
penalties paid to the general fund, no less than sixty percent shall be
dedicated to department of transportation work zone safety projects
after deducting the expenses necessary to administer such [demon-
stration] program, provided, however, that EXCEPT AS PROVIDED PURSUANT
TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, such funds provided
pursuant to this subdivision shall be payable on the audit and warrant
of the comptroller and shall only be used to supplement and not supplant
current expenditures of state funds on work zone safety projects. For
the purposes of this subdivision, "work zone safety projects" shall
apply to work zones under the jurisdiction of the department of trans-
portation and shall include, but not be limited to, inspection and
implementation of work zone design, maintenance, traffic plans and mark-
ings, worker safety training, contractor outreach, enforcement efforts,
radar speed display signs at major active work zones and police presence
at major active work zones, as provided in section twenty-two of the
transportation law. All fines, penalties and forfeitures paid to a coun-
ty, city, town or village pursuant to the provisions of this subdivision
shall be credited to the general fund of such county, city, town or
village, unless a different disposition is prescribed by charter,
special law, local law or ordinance.
12. Where the chair of the New York state thruway authority has estab-
lished a [demonstration] program imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
this chapter in accordance with section eleven hundred eighty-e of this
chapter, any fine or penalty collected by a court, judge, magistrate or
other officer for an imposition of liability which occurs pursuant to
such program shall be paid to the state comptroller within the first ten
days of the month following collection, except as otherwise provided in
subdivision three of section ninety-nine-a of the state finance law.
Every such payment shall be accompanied by a statement in such form and
detail as the comptroller shall provide. Notwithstanding the provisions
of subdivision five of this section, eighty percent of any such fine or
S. 3008 57 A. 3008
penalty imposed for such liability shall be paid to the thruway authori-
ty, and twenty percent of any such fine or penalty shall be paid to the
city, town or village in which the violation giving rise to the liabil-
ity occurred, provided, however, that (A) within a county that has
established a traffic and parking violations agency pursuant to section
three hundred seventy of the general municipal law and such liability is
disposed of by such agency, eighty percent of any such fine or penalty
imposed for such liability shall be paid to the thruway authority, and
twenty percent of any such fine or penalty shall be paid to the county
in which the violation giving rise to the liability occurred; OR (B)
WHERE COLLECTED BY A HEARING OFFICER APPOINTED BY THE COMMISSIONER,
EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY
SHALL BE PAID TO THE THRUWAY AUTHORITY, AND TWENTY PERCENT SHALL BE
DEPOSITED IN THE WORK ZONE SPEED CAMERA ADMINISTRATION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW. With
respect to the percentage of fines or penalties paid to the thruway
authority, no less than sixty percent shall be dedicated to thruway
authority work zone safety projects after deducting the expenses neces-
sary to administer such [demonstration] program, provided, however, that
EXCEPT AS PROVIDED PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE
FINANCE LAW, such funds provided pursuant to this subdivision shall be
payable on the audit and warrant of the comptroller and shall only be
used to supplement and not supplant current expenditures of state funds
on work zone safety projects. For the purposes of this subdivision,
"work zone safety projects" shall apply to work zones under the juris-
diction of the thruway authority and shall include, but not be limited
to, inspection and implementation of work zone design, maintenance,
traffic plans and markings, worker safety training, contractor outreach,
enforcement efforts, radar speed display signs at major active work
zones and police presence at major active work zones, as provided in
section twenty-two of the transportation law. For the purposes of this
subdivision, the term "thruway authority" shall mean the New York state
thruway authority, a body corporate and politic constituting a public
corporation created and constituted pursuant to title nine of article
two of the public authorities law. All fines, penalties and forfeitures
paid to a county, city, town or village pursuant to the provisions of
this subdivision shall be credited to the general fund of such county,
city, town or village, unless a different disposition is prescribed by
charter, special law, local law or ordinance.
13. WHERE THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY HAS ESTABLISHED A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-H OF THIS CHAPTER, ANY FINE OR PENALTY
COLLECTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU FOR AN IMPOSI-
TION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO
THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING
COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION
NINETY-NINE-A OF THE STATE FINANCE LAW. EVERY SUCH PAYMENT SHALL BE
ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF
THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR
SUCH LIABILITY SHALL BE PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE
NEW YORK CITY PARKING VIOLATIONS BUREAU. WITH RESPECT TO THE PERCENTAGE
OF FINES OR PENALTIES PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
S. 3008 58 A. 3008
TY, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED TO TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY WORK ZONE SAFETY PROJECTS AFTER DEDUCTING THE
EXPENSES NECESSARY TO ADMINISTER SUCH PROGRAM, PROVIDED, HOWEVER, THAT
SUCH FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE ON THE
AUDIT AND WARRANT OF THE COMPTROLLER AND SHALL ONLY BE USED TO SUPPLE-
MENT AND NOT SUPPLANT CURRENT EXPENDITURES OF STATE FUNDS ON WORK ZONE
SAFETY PROJECTS. FOR THE PURPOSES OF THIS SUBDIVISION, "WORK ZONE SAFETY
PROJECTS" SHALL APPLY TO WORK ZONES UNDER THE JURISDICTION OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSPECTION AND IMPLEMENTATION OF WORK ZONE DESIGN, MAINTE-
NANCE, TRAFFIC PLANS AND MARKINGS, WORKER SAFETY TRAINING, CONTRACTOR
OUTREACH, ENFORCEMENT EFFORTS, RADAR SPEED DISPLAY SIGNS AT MAJOR ACTIVE
WORK ZONES AND POLICE PRESENCE AT MAJOR ACTIVE WORK ZONES, AS PROVIDED
IN SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. FOR THE PURPOSES OF
THIS SUBDIVISION, THE TERM "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY"
SHALL MEAN THE NEW YORK STATE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, A
BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE THREE OF ARTICLE THREE OF THE
PUBLIC AUTHORITIES LAW. ALL FINES, PENALTIES AND FORFEITURES PAID TO A
COUNTY, CITY, TOWN OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDI-
VISION SHALL BE CREDITED TO THE GENERAL FUND OF SUCH COUNTY, CITY, TOWN
OR VILLAGE, UNLESS A DIFFERENT DISPOSITION IS PRESCRIBED BY CHARTER,
SPECIAL LAW, LOCAL LAW OR ORDINANCE.
14. WHERE THE NEW YORK STATE BRIDGE AUTHORITY HAS ESTABLISHED A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-I OF THIS CHAPTER, ANY FINE OR PENALTY
COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER FOR AN IMPOSI-
TION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO
THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING
COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION
NINETY-NINE-A OF THE STATE FINANCE LAW. EVERY SUCH PAYMENT SHALL BE
ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF
THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR
SUCH LIABILITY SHALL BE PAID TO THE BRIDGE AUTHORITY, AND TWENTY PERCENT
OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE CITY, TOWN OR VILLAGE
IN WHICH THE VIOLATION GIVING RISE TO THE LIABILITY OCCURRED, PROVIDED,
HOWEVER, THAT (A) WITHIN A COUNTY THAT HAS ESTABLISHED A TRAFFIC AND
PARKING VIOLATIONS AGENCY PURSUANT TO SECTION THREE HUNDRED SEVENTY OF
THE GENERAL MUNICIPAL LAW AND SUCH LIABILITY IS DISPOSED OF BY SUCH
AGENCY, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH
LIABILITY SHALL BE PAID TO THE BRIDGE AUTHORITY, AND TWENTY PERCENT OF
ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE COUNTY IN WHICH THE
VIOLATION GIVING RISE TO THE LIABILITY OCCURRED; OR (B) WHERE COLLECTED
BY A HEARING OFFICER APPOINTED BY THE COMMISSIONER, EIGHTY PERCENT OF
ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE
BRIDGE AUTHORITY, AND TWENTY PERCENT SHALL BE DEPOSITED IN THE WORK ZONE
SPEED CAMERA ADMINISTRATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-NINE-SS OF THE STATE FINANCE LAW. WITH RESPECT TO THE PERCENTAGE OF
FINES OR PENALTIES PAID TO THE BRIDGE AUTHORITY, NO LESS THAN SIXTY
PERCENT SHALL BE DEDICATED TO BRIDGE AUTHORITY WORK ZONE SAFETY PROJECTS
AFTER DEDUCTING THE EXPENSES NECESSARY TO ADMINISTER SUCH PROGRAM,
PROVIDED, HOWEVER, THAT EXCEPT AS PROVIDED PURSUANT TO SECTION NINETY-
NINE-SS OF THE STATE FINANCE LAW, SUCH FUNDS PROVIDED PURSUANT TO THIS
S. 3008 59 A. 3008
SUBDIVISION SHALL BE PAYABLE ON THE AUDIT AND WARRANT OF THE COMPTROLLER
AND SHALL ONLY BE USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT EXPENDI-
TURES OF STATE FUNDS ON WORK ZONE SAFETY PROJECTS. FOR THE PURPOSES OF
THIS SUBDIVISION, "WORK ZONE SAFETY PROJECTS" SHALL APPLY TO WORK ZONES
UNDER THE JURISDICTION OF THE BRIDGE AUTHORITY AND SHALL INCLUDE, BUT
NOT BE LIMITED TO, INSPECTION AND IMPLEMENTATION OF WORK ZONE DESIGN,
MAINTENANCE, TRAFFIC PLANS AND MARKINGS, WORKER SAFETY TRAINING,
CONTRACTOR OUTREACH, ENFORCEMENT EFFORTS, RADAR SPEED DISPLAY SIGNS AT
MAJOR ACTIVE WORK ZONES AND POLICE PRESENCE AT MAJOR ACTIVE WORK ZONES,
AS PROVIDED IN SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. FOR THE
PURPOSES OF THIS SUBDIVISION, THE TERM "BRIDGE AUTHORITY" SHALL MEAN THE
NEW YORK STATE BRIDGE AUTHORITY, A BODY CORPORATE AND POLITIC CONSTITUT-
ING A PUBLIC BENEFIT CORPORATION CREATED AND CONSTITUTED PURSUANT TO
TITLE TWO OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. ALL FINES,
PENALTIES AND FORFEITURES PAID TO A COUNTY, CITY, TOWN OR VILLAGE PURSU-
ANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED TO THE
GENERAL FUND OF SUCH COUNTY, CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT
DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDI-
NANCE.
§ 5. The state finance law is amended by adding a new section 99-ss to
read as follows:
§ 99-SS. WORK ZONE SPEED CAMERA ADMINISTRATION FUND. 1. THERE IS HERE-
BY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "WORK ZONE
SPEED CAMERA ADMINISTRATION FUND".
2. THE FUND SHALL CONSIST OF FINES OR PENALTIES COLLECTED BY THE
COMMISSIONER OF MOTOR VEHICLES FOR VIOLATIONS OF SECTIONS ELEVEN HUNDRED
EIGHTY-E AND ELEVEN HUNDRED EIGHTY-I OF THE VEHICLE AND TRAFFIC LAW AND
PURSUANT TO SUBDIVISIONS ELEVEN, TWELVE AND FOURTEEN OF SECTION EIGHTEEN
HUNDRED AND THREE OF THE VEHICLE AND TRAFFIC LAW.
3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
MOTOR VEHICLES ONLY FOR THE COSTS INCURRED BY THE DEPARTMENT IN ADJUDI-
CATING LIABILITIES AND HEARING ADMINISTRATIVE APPEALS REGARDING
VIOLATIONS OF SECTIONS ELEVEN HUNDRED EIGHTY-E AND ELEVEN HUNDRED EIGHT-
Y-I OF THE VEHICLE AND TRAFFIC LAW.
4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF MOTOR VEHICLES. AT THE END OF EACH YEAR ANY MONEYS REMAINING IN THE
FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT TO THE GENERAL
FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER
DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
§ 6. Subdivision 2 of section 87 of the public officers law is amended
by adding two new paragraphs (v) and (w) to read as follows:
(V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-H OF
THE VEHICLE AND TRAFFIC LAW.
(W) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-I OF
THE VEHICLE AND TRAFFIC LAW.
§ 7. Section 16 of chapter 421 of the laws of 2021 amending the vehi-
cle and traffic law and the general municipal law relating to certain
notices of liability, is amended to read as follows:
§ 16. This act shall take effect on the thirtieth day after it shall
have become a law; [provided, however, that sections twelve, thirteen,
fourteen and fifteen of this act shall expire and be deemed repealed 5
years after such effective date when upon such date the provisions of
S. 3008 60 A. 3008
such sections shall be deemed repealed;] provided that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date[;
and provided further, that:
(a) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section eight-a of this act shall take effect;
(b) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight-a of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section eight-b of this act shall take effect;
(c) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-b of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-c of this act shall take
effect;
(d) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-c of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-d of this act shall take
effect;
(e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-d of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-e of this act shall take
effect;
(f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-e of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-f of this act shall take
effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-f of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-g of this act shall take
effect; and
(h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-g of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-h of this act shall take
effect].
§ 8. For the purpose of informing and educating owners of motor vehi-
cles in this state, an agency or authority authorized to issue notices
of liability pursuant to the provisions of this act shall, during the
first thirty-day period in which the photo violation monitoring systems
are in operation pursuant to the provisions of this act, issue a written
warning in lieu of a notice of liability to all owners of motor vehicles
who would be held liable for failure of operators thereof to comply with
subdivision (b), (d), (f) or (g) of section eleven hundred eighty of the
vehicle and traffic law in accordance with sections eleven hundred
eighty-h and eleven hundred eighty-i of the vehicle and traffic law.
S. 3008 61 A. 3008
§ 9. This act shall take effect immediately; provided however, that
sections one, two, three, four, five and six of this act shall take
effect on the thirtieth day after it shall have become a law. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
PART R
Section 1. Subdivision 11 of section 120.05 of the penal law, as
amended by section 2 of part Z of chapter 55 of the laws of 2024, 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,
bus, or ferry the collection or handling of revenues therefrom; a person
whose official duties include the CONSTRUCTION, maintenance, repair,
inspection, troubleshooting, testing or cleaning of buses or ferries, a
transit signal system, elevated or underground subway tracks, transit
station OR TRANSPORTATION structure, including fare equipment, escala-
tors, 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 ANY
ROADWAYS, WALKWAYS, TUNNELS, BRIDGES, TOLLING FACILITIES OR THEIR
SUPPORTING SYSTEMS, BUILDING OR STRUCTURES; or a supervisor of such
personnel, employed by any transit or commuter rail agency, authority or
company, public or private, whose operation is authorized OR ESTABLISHED
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 enforcement agent, 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 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC
LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED EIGH-
TEEN-C 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] SUCH PERSON causes phys-
ical injury to such train operator, ticket inspector, conductor, signal-
person, 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, bus, or ferry or the
collection or handling of revenues therefrom; a person whose official
duties include the CONSTRUCTION, maintenance, repair, inspection, trou-
bleshooting, testing or cleaning of buses or ferries, a transit signal
system, elevated or underground subway tracks, transit station OR TRANS-
PORTATION 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
S. 3008 62 A. 3008
station, or a train or bus station or terminal, OR ANY ROADWAYS, WALK-
WAYS, TUNNELS, BRIDGES, TOLLING FACILITIES OR THEIR SUPPORTING SYSTEMS,
BUILDINGS OR STRUCTURES; 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, 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 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC
LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED EIGH-
TEEN-C OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal procedure law, regis-
tered 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,] A LAWFUL ACT RELATED,
DIRECTLY OR INDIRECTLY, TO AN EMPLOYMENT RESPONSIBILITY, INCLUDING BUT
NOT LIMITED TO the operation of a train or bus, cleaning of a train or
bus station or terminal, assisting customers, checking traffic, the sale
or collection of tickets, passes, vouchers, or other revenue media for
use on a train, bus, or ferry or maintenance or cleaning of a train, a
bus, a ferry, or bus station or terminal, signal system, elevated or
underground subway tracks, transit station OR TRANSPORTATION 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, a ferry station, or such
city marshal, school crossing guard, traffic enforcement officer, traf-
fic enforcement agent, 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 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC
LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED EIGH-
TEEN-C OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse, public health sanitarian, New
York city public health sanitarian, sanitation enforcement agent, New
York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician is performing an assigned duty; or
§ 2. The vehicle and traffic law is amended by adding three new
sections 118-a, 118-b and 118-c to read as follows:
§ 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
STATE, A COUNTY, CITY, TOWN, VILLAGE, A PUBLIC AUTHORITY, LOCAL AUTHORI-
TY, PUBLIC UTILITY COMPANY, OR AN AGENT OR CONTRACTOR OF ANY SUCH ENTI-
TY, OR A FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF THIS
ARTICLE, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY, PUBLIC
HIGHWAY, ROADWAY, ACCESS HIGHWAY, OR QUALIFYING HIGHWAY, OR WITHIN THE
HIGHWAY RIGHT OF WAY. SUCH WORK MAY INCLUDE, BUT SHALL NOT BE LIMITED
TO, CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING,
UTILITY INSTALLATION, OR THE OPERATION OF EQUIPMENT. FOR PURPOSES OF
THIS SECTION, THE TERM "HIGHWAY RIGHT OF WAY" SHALL MEAN THE ENTIRE
WIDTH BETWEEN THE BOUNDARY LINE OF ALL PROPERTY WHICH HAS BEEN
PURCHASED, APPROPRIATED, OR DESIGNATED BY THE STATE, A MUNICIPAL ENTITY,
OR A PUBLIC BENEFIT CORPORATION FOR HIGHWAY PURPOSES, ALL PROPERTY OVER
WHICH THE COMMISSIONER OF TRANSPORTATION, ANY MUNICIPAL ENTITY, OR
PUBLIC BENEFIT CORPORATION HAS ASSUMED JURISDICTION FOR HIGHWAY
S. 3008 63 A. 3008
PURPOSES, AND ALL PROPERTY THAT HAS BECOME PART OF A HIGHWAY SYSTEM
THROUGH DEDICATION OR USE, INCLUDING ANY PROPERTY DEEMED NECESSARY FOR
THE MAINTENANCE, CONSTRUCTION, RECONSTRUCTION, OR IMPROVEMENT OF ANY
HIGHWAY. SUCH WORK MAY INCLUDE, BUT SHALL NOT BE LIMITED TO
CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING, UTILI-
TY INSTALLATION, OR THE OPERATION OF EQUIPMENT.
§ 118-B. MOTOR CARRIER INVESTIGATOR. ANY PERSON EMPLOYED BY THE
DEPARTMENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INVESTI-
GATIONS OF ANY MOTOR CARRIERS REGULATED BY THE COMMISSIONER OF TRANSPOR-
TATION.
§ 118-C. 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. This act shall take effect on the ninetieth day after it shall
have become a law.
PART S
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part BB of chapter 58 of the laws of 2024, 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, [2025] 2026 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 7 of section 2611 of the public authorities
law, as amended by section 1 of part NN of chapter 58 of the laws of
2019, is amended to read as follows:
7. To enter into contracts, leases and subleases and to execute all
instruments necessary or convenient for the conduct of authority busi-
ness, including agreements with the park district and any state agency
which administers, owns or supervises any olympic facility or Belleayre
Mountain ski center, as provided in sections twenty-six hundred twelve
and twenty-six hundred fourteen of this title[, and including contracts
or other agreements to plan, prepare for and host the two thousand twen-
ty-three World University Games to be held in Lake Placid, New York
where such contracts or agreements would obligate the authority to
defend, indemnify and/or insure third parties in connection with, aris-
ing out of, or relating to such games, such authority to be limited by
the amount of any lawful appropriation or other funding such as a
performance bond surety, or other collateral instrument for that
purpose. With respect to the two thousand twenty-three World University
Games, the amount of such appropriation shall be no more than sixteen
million dollars]. THIS SHALL INCLUDE THE POWER TO ENTER INTO CONTRACTS
OR OTHER AGREEMENTS TO JOIN RECIPROCAL SKI PASS PROGRAMS WITH OTHER SKI
AREAS, WHERE THE MEMBERS OF SUCH RECIPROCAL PASS PROGRAM ARE REQUIRED TO
DEFEND AND/OR INDEMNIFY ONE OR MORE OTHER MEMBERS OF SUCH PROGRAM FOR
CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATING TO, SUCH CONTRACT
S. 3008 64 A. 3008
OR AGREEMENT. THIS POWER SHALL BE LIMITED BY THE AMOUNT OF THE AUTHORI-
TY'S DISCRETIONARY FUNDS, ANY LAWFUL APPROPRIATION, OR OTHER FUNDING, UP
TO A LIMIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS PER SUCH CLAIM OR CAUSE
OF ACTION;
§ 2. This act shall take effect immediately.
PART U
Section 1. The general business law is amended by adding a new article
47 to read as follows:
ARTICLE 47
ARTIFICIAL INTELLIGENCE COMPANION MODELS
SECTION. 1700. DEFINITIONS.
1701. PROHIBITIONS AND REQUIREMENTS.
1702. NOTIFICATIONS.
1703. ENFORCEMENT.
1704. SEVERABILITY.
§ 1700. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ARTIFICIAL INTELLIGENCE", "ARTIFICIAL INTELLIGENCE TECHNOLOGY", OR
"AI" MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DE-
FINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLU-
ENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT USES MACHINE- AND HUMAN-
BASED INPUTS TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH
PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE
MODEL INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
2. "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS A CLASS OF AI MODELS
THAT ARE SELF-SUPERVISED AND EMULATE THE STRUCTURE AND CHARACTERISTICS
OF INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING, BUT NOT
LIMITED TO, IMAGES, VIDEOS, AUDIO, TEXT, AND OTHER DIGITAL CONTENT.
3. "AI MODEL" MEANS A COMPONENT OF AN INFORMATION SYSTEM THAT IMPLE-
MENTS ARTIFICIAL INTELLIGENCE TECHNOLOGY AND USES COMPUTATIONAL, STATIS-
TICAL, OR MACHINE-LEARNING TECHNIQUES TO PRODUCE OUTPUTS FROM A GIVEN
SET OF INPUTS.
4. "AI COMPANION" MEANS A SYSTEM USING ARTIFICIAL INTELLIGENCE, GENER-
ATIVE ARTIFICIAL INTELLIGENCE, AND/OR EMOTIONAL RECOGNITION ALGORITHMS
TO SIMULATE SOCIAL HUMAN INTERACTION, BY RETAINING INFORMATION ON PRIOR
INTERACTIONS AND USER PREFERENCE, ASKING QUESTIONS, PROVIDING ADVICE,
AND ENGAGING IN SIMULATED CONVERSATION ON MATTERS OF PERSONAL WELL-BE-
ING.
5. "OPERATOR" MEANS ANY PERSON, PARTNERSHIP, ASSOCIATION, FIRM, OR
BUSINESS ENTITY, OR ANY MEMBER, AFFILIATE, SUBSIDIARY OR BENEFICIAL
OWNER OF ANY PARTNERSHIP, ASSOCIATION, FIRM, OR BUSINESS ENTITY WHO
OPERATES OR PROVIDES AN AI COMPANION.
6. "PERSON" MEANS ANY NATURAL PERSON.
7. "EMOTIONAL RECOGNITION ALGORITHMS" MEANS ARTIFICIAL INTELLIGENCE
THAT DETECTS AND INTERPRETS HUMAN EMOTIONAL SIGNALS IN TEXT (USING
NATURAL LANGUAGE PROCESSING AND SENTIMENT ANALYSIS), AUDIO (USING VOICE
EMOTION AI), VIDEO (USING FACIAL MOVEMENT ANALYSIS, GAIT ANALYSIS, OR
PHYSIOLOGICAL SIGNALS), OR A COMBINATION THEREOF.
8. "USER" MEANS ANY PERSON WHO USES AN AI COMPANION WITHIN THE STATE
AND WHO IS NOT AN OPERATOR OR AGENT OR AFFILIATE OF THE OPERATOR OF THE
AI COMPANION.
§ 1701. PROHIBITIONS AND REQUIREMENTS. IT SHALL BE UNLAWFUL FOR ANY
OPERATOR TO OPERATE OR PROVIDE AN AI COMPANION TO A USER UNLESS SUCH AI
COMPANION CONTAINS A PROTOCOL FOR ADDRESSING POSSIBLE SUICIDAL IDEATION
S. 3008 65 A. 3008
OR SELF-HARM EXPRESSED BY A USER TO THE AI COMPANION, THAT INCLUDES BUT
IS NOT LIMITED TO, A NOTIFICATION TO THE USER THAT REFERS THEM TO CRISIS
SERVICE PROVIDERS SUCH AS A SUICIDE HOTLINE, CRISIS TEXT LINE, OR OTHER
APPROPRIATE CRISIS SERVICES.
§ 1702. NOTIFICATIONS. AN OPERATOR SHALL PROVIDE A NOTIFICATION TO A
USER AT THE BEGINNING OF ANY AI COMPANION INTERACTION AND AT LEAST EVERY
THREE HOURS FOR CONTINUING AI COMPANION INTERACTIONS THEREAFTER, WHICH
STATES EITHER VERBALLY OR IN BOLD AND CAPITALIZED LETTERS OF AT LEAST
SIXTEEN POINT TYPE, THE FOLLOWING:
"THE AI COMPANION (OR NAME OF THE AI COMPANION) IS A COMPUTER PROGRAM
AND NOT A HUMAN BEING. IT IS UNABLE TO FEEL HUMAN EMOTION".
§ 1703. ENFORCEMENT. ANY PERSON AGGRIEVED BY A VIOLATION OF SECTION
SEVENTEEN HUNDRED ONE OR SEVENTEEN HUNDRED TWO OF THIS ARTICLE MAY BRING
AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES, EQUITABLE
RELIEF, AND SUCH OTHER REMEDIES AS THE COURT MAY DEEM APPROPRIATE.
§ 1704. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
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 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.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART V
Section 1. The article heading of article 12-B of the general business
law, as added by chapter 1005 of the laws of 1960, is amended to read as
follows:
RETAIL SALES AND MERCANTILE ESTABLISHMENTS
§ 2. The section heading and subdivision 1 of section 217 of the
general business law, as amended by chapter 278 of the laws of 2009, are
amended and two new subdivisions 3 and 4 are added to read as follows:
[Definition] DEFINITIONS.
1. "Retail mercantile establishment" shall mean a place where goods,
wares or merchandise are offered to the public for sale, BUT DOES NOT
INCLUDE ANY RETAIL SELLER AS DEFINED IN SUBDIVISION THREE OF THIS
SECTION.
3. "RETAIL SELLER" SHALL MEAN ANY ASSOCIATION, PARTNERSHIP, FIRM,
CORPORATION, LIMITED LIABILITY COMPANY OR OTHER BUSINESS ENTITY THAT:
(A) IS COMPRISED OF FIVE HUNDRED OR MORE EMPLOYEES STATEWIDE OR THAT HAS
ANNUAL GROSS REVENUES FROM SALES IN NEW YORK OF FIVE HUNDRED THOUSAND
DOLLARS OR MORE; AND (B) THAT IS ENGAGED IN THE RETAIL SALE OF GOODS,
WARES, OR MERCHANDISE TO THE PUBLIC IN NEW YORK STATE THROUGH ANY PHYS-
ICAL OR VIRTUAL MEDIUM, INCLUDING BUT NOT LIMITED TO ECOMMERCE, MOBILE
APP, SOCIAL MEDIA OR ANY OTHER VIRTUAL MARKETPLACE. A "RETAIL SELLER"
SHALL NOT INCLUDE A PLATFORM OR BUSINESS THAT FACILITATES TRANSACTIONS
BETWEEN INDEPENDENT SELLERS OR BUSINESSES AND CONSUMERS BY, FOR EXAMPLE,
PROVIDING INFRASTRUCTURE TO ADVERTISE AND MARKET SUCH INDEPENDENT SELL-
ERS' OR BUSINESSES' PRODUCTS AND FACILITATING PAYMENT PROCESSING.
4. "RETAIL SALE" SHALL MEAN A SALE OF COMMODITIES OR GOODS TO THE
ULTIMATE CONSUMER PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
S. 3008 66 A. 3008
AS USED IN THIS SECTION, THE TERM "RETAIL SALE" DOES NOT INCLUDE THE
SALE OF USED GOODS.
§ 3. The section heading of section 218-a of the general business law,
as amended by chapter 278 of the laws of 2009, is amended to read as
follows:
Disclosure of refund policies BY RETAIL MERCANTILE ESTABLISHMENTS.
§ 4. The general business law is amended by adding a new section 218-
aaa to read as follows:
§ 218-AAA. MINIMUM STANDARDS FOR REFUND POLICIES AND DISCLOSURE BY
RETAIL SELLERS. 1. (A) EVERY RETAIL SELLER SHALL OFFER FULL CASH OR
CREDIT REFUNDS, EQUAL EXCHANGES, OR STORE CREDIT, AT THE DISCRETION OF
THE SELLER AND SUBJECT TO THE EXCLUSIONS OUTLINED IN SUBDIVISION TWO OF
THIS SECTION, FOR AT LEAST THIRTY DAYS FOLLOWING PURCHASE OF THE GOODS.
(B) EVERY RETAIL SELLER SHALL SET FORTH ITS REFUND POLICY ON THE
RECEIPT OR PROOF OF PURCHASE.
(C) EVERY RETAIL SELLER SHALL CONSPICUOUSLY POST ITS REFUND POLICY ON
A SIGN OR NOTICE ATTACHED TO OR NEAR THE ITEM ITSELF, A DISPLAY OF THE
ITEM OR A DESCRIPTION OF THE ITEM, ON A SIGN AFFIXED TO OR CLEARLY VISI-
BLE FROM EACH CASH REGISTER OR POINT OF SALE AT WHICH SUCH GOODS ARE
OFFERED, OR ON A RETAIL SELLER'S ORDER FORMS, IF ANY.
2. THIS SECTION DOES NOT APPLY TO FOOD, PLANTS, FLOWERS, PERISHABLE
GOODS, GOODS MARKED "AS IS," "NO RETURNS ACCEPTED," "ALL SALES FINAL,"
OR WITH SIMILAR LANGUAGE, GOODS USED OR DAMAGED AFTER PURCHASE, CUSTOM-
IZED GOODS RECEIVED AS ORDERED, GOODS NOT RETURNED WITH THEIR ORIGINAL
PACKAGE, AND GOODS WHICH CANNOT BE RESOLD DUE TO HEALTH CONSIDERATIONS.
3. ANY RETAIL SELLER WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL
BE LIABLE TO THE BUYER FOR A CASH OR CREDIT REFUND FOR THE TOTAL AMOUNT
OF THE ORIGINAL PURCHASE, PROVIDED THE BUYER CAN VERIFY THE DATE OF
PURCHASE WITH A RECEIPT OR ANY OTHER PURCHASE VERIFICATION METHOD
UTILIZED BY THE RETAIL SELLER.
4. THIS SECTION DOES NOT RELIEVE ANY RETAIL SELLER SUBJECT TO THE
PROVISIONS OF THIS SECTION FROM COMPLYING WITH ANY LAW, ORDINANCE, RULE
OR REGULATION OF ANY LOCALITY RELATING TO THE POSTING OF REFUND POLICIES
WHICH AFFORDS THE BUYER GREATER PROTECTION THAN DO THE PROVISIONS OF
THIS SECTION.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.
PART W
Section 1. Subdivisions 2 and 3 of section 527 of the general business
law, as added by chapter 267 of the laws of 2020, are amended to read as
follows:
2. ["Automatic renewal offer terms" means the following clear and
conspicuous disclosures:
a. that the subscription or purchasing agreement will continue until
the consumer cancels;
b. the description of the cancellation policy that applies to the
offer;
c. the recurring charges that will be charged to the consumer's credit
or debit card or payment account with a third party as part of the auto-
matic renewal plan or arrangement, and that the amount of the charge may
change, if that is the case, and the amount to which the charge will
change, if known;
d. the length of the automatic renewal term or that the service is
continuous, unless the length of the term is chosen by the consumer; and
S. 3008 67 A. 3008
e. the minimum purchase obligation, if any] "KNOWING" MEANS THAT A
PERSON, WITH RESPECT TO INFORMATION:
A. HAS ACTUAL KNOWLEDGE OF THE INFORMATION;
B. ACTS IN DELIBERATE IGNORANCE OF THE TRUTH OR FALSITY OF THE INFOR-
MATION; OR
C. ACTS IN RECKLESS DISREGARD OF THE TRUTH OR FALSITY OF THE INFORMA-
TION.
3. "Clear and conspicuous" means [in larger type than the surrounding
text, or in contrasting type, font, or color to the surrounding text of
the same size, or set off from the surrounding text of the same size by
symbols or other marks, in a manner that clearly calls attention to the
language. In the case of an audio disclosure, "clear and conspicuous"
means in a volume and cadence sufficient to be readily audible and
understandable] THAT A REQUIRED DISCLOSURE IS EASILY NOTICEABLE (I.E.,
DIFFICULT TO MISS) AND EASILY UNDERSTANDABLE BY ORDINARY CONSUMERS,
INCLUDING IN ALL OF THE FOLLOWING WAYS:
A. IN ANY COMMUNICATION THAT IS SOLELY VISUAL OR SOLELY AUDIBLE, THE
DISCLOSURE MUST BE MADE THROUGH THE SAME MEANS THROUGH WHICH THE COMMU-
NICATION IS PRESENTED. IN ANY COMMUNICATION MADE THROUGH BOTH VISUAL AND
AUDIBLE MEANS, SUCH AS A TELEVISION ADVERTISEMENT, THE DISCLOSURE MUST
BE PRESENTED SIMULTANEOUSLY IN BOTH THE VISUAL AND AUDIBLE PORTIONS OF
THE COMMUNICATION EVEN IF THE REPRESENTATION REQUIRING THE DISCLOSURE IS
MADE IN ONLY ONE MEANS;
B. A VISUAL DISCLOSURE, BY ITS SIZE, CONTRAST, LOCATION, THE LENGTH OF
TIME IT APPEARS, AND OTHER CHARACTERISTICS, MUST STAND OUT FROM ANY
ACCOMPANYING TEXT OR OTHER VISUAL ELEMENTS SO THAT IT IS EASILY NOTICED,
READ, AND UNDERSTOOD;
C. AN AUDIBLE DISCLOSURE, INCLUDING BY TELEPHONE OR STREAMING VIDEO,
MUST BE DELIVERED IN A VOLUME, SPEED, AND CADENCE SUFFICIENT FOR ORDI-
NARY CONSUMERS TO EASILY HEAR AND UNDERSTAND IT;
D. IN ANY COMMUNICATION USING THE INTERNET, MOBILE APPLICATION, OR
SOFTWARE, THE DISCLOSURE MUST BE UNAVOIDABLE;
E. THE DISCLOSURE MUST USE DICTION AND SYNTAX UNDERSTANDABLE TO ORDI-
NARY CONSUMERS AND MUST APPEAR IN EACH LANGUAGE IN WHICH THE REPRESEN-
TATION THAT REQUIRES THE DISCLOSURE APPEARS;
F. THE DISCLOSURE MUST COMPLY WITH THESE REQUIREMENTS IN EACH MEDIUM
THROUGH WHICH IT IS RECEIVED, INCLUDING ALL ELECTRONIC DEVICES AND FACE-
TO-FACE COMMUNICATIONS;
G. THE DISCLOSURE MUST NOT BE CONTRADICTED OR MITIGATED BY, OR INCON-
SISTENT WITH, ANYTHING ELSE IN THE COMMUNICATION; AND
H. WHEN THE REPRESENTATION OR SALES PRACTICE TARGETS A SPECIFIC AUDI-
ENCE, SUCH AS CHILDREN, OLDER ADULTS, OR THE TERMINALLY ILL, "ORDINARY
CONSUMERS" INCLUDES MEMBERS OF THAT GROUP.
§ 2. Section 527-a of the general business law, as added by chapter
267 of the laws of 2020, subdivisions 3 and 8 as amended by chapter 728
of the laws of 2023, is amended to read as follows:
§ 527-a. Unlawful practices. 1. It shall be unlawful for any business
making an automatic renewal or continuous service offer to a consumer in
this state to [do any of the following]:
a. fail to present TO THE CONSUMER, IN A CLEAR AND CONSPICUOUS MANNER,
the MATERIAL TERMS OF ANY automatic renewal offer [terms] or continuous
service offer [terms in a clear and conspicuous manner], INCLUDING BUT
NOT LIMITED TO THE AMOUNT OF THE COSTS THAT WILL BE CHARGED, THE
FREQUENCY OF CHARGES, AND THE DEADLINE BY DATE OR FREQUENCY BY WHICH THE
CONSUMER MUST ACT TO PREVENT OR STOP FURTHER CHARGES, before CONSENT TO
the [subscription or purchasing agreement is fulfilled] OFFER OR BILLING
S. 3008 68 A. 3008
INFORMATION HAS BEEN REQUESTED and in visual proximity, or in the case
of an offer conveyed by voice, in temporal proximity, to the request for
consent to the offer. If the offer [also includes a free gift or trial]
PRICE IS TEMPORARY, the offer shall include a clear and conspicuous
explanation of HOW AND WHEN THE PRICE WILL CHANGE AND the price OR PRIC-
ES that will SUBSEQUENTLY be charged [after the trial ends or the manner
in which the subscription or purchasing agreement pricing will change
upon conclusion of the trial] TO THE CONSUMER;
b. charge the consumer's credit or debit card or the consumer's
account with a third party for an automatic renewal or continuous
service, OR FOR ANY PREVIOUSLY UNDISCLOSED INCREASED PRICE RELATING TO
AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO WHICH THE CONSUMER
PREVIOUSLY CONSENTED, without first obtaining the consumer's EXPRESS
affirmative consent to [the agreement containing] the automatic renewal
offer terms or continuous service offer terms, including the terms of an
automatic renewal offer or continuous service offer that is made at a
promotional or discounted price for a limited period of time; [or]
c. fail to provide an acknowledgment [that includes the automatic
renewal or continuous service offer terms, cancellation policy, and
information regarding how to cancel] OF THE TERMS OF THE AUTOMATIC
RENEWAL, CONTINUOUS SERVICE OFFER, OR INCREASED PRICE AT OR IMMEDIATELY
FOLLOWING ACCEPTANCE in a manner [that is] capable of being retained by
the consumer[. If the offer includes a free gift or trial, the business
shall also disclose in the acknowledgment how to cancel and allow the
consumer to cancel before the consumer pays for the goods or services.]
THAT INCLUDES:
(I) A CLEAR AND CONSPICUOUS DISCLOSURE TO THE CONSUMER OF THE MECH-
ANISM BY WHICH THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER MAY BE
CANCELLED, PROVIDED THAT ANY CANCELLATION MECHANISM MUST BE AT LEAST AS
EASY TO ACCESS AND USE AS THE MECHANISM BY WHICH THE CONSUMER PROVIDED
CONSENT; AND
(II) CONTACT INFORMATION FOR THE BUSINESS, INCLUDING A TOLL-FREE TELE-
PHONE NUMBER, EMAIL ADDRESS, AND WEB ADDRESS, IF A WEBSITE IS MAIN-
TAINED;
D. FAIL TO PROVIDE THE CONSUMER WITH THE OPTION TO CANCEL AT ANY TIME
THROUGH THE SAME MEDIUM BY WHICH THE CONSUMER ACCEPTED THE AUTOMATIC
RENEWAL, CONTINUOUS SERVICE OFFER, OR ANY PRICE INCREASE, WHICH MAY
INCLUDE BUT NOT BE LIMITED TO:
(I) A DIRECT CONNECTION TO A LIVE OR AUTOMATED PROCESS FOR CANCELLING
THE SERVICE THROUGH THE TOLL-FREE NUMBER PROVIDED TO THE CONSUMER;
(II) AN OPTION TO CANCEL THROUGH A BUSINESS EMAIL ADDRESS PROVIDED TO
THE CONSUMER; AND
(III) A "CANCEL" BUTTON OR LINK CLEARLY AND CONSPICUOUSLY DISPLAYED ON
THE HEADER OF THE BUSINESS WEBSITE;
E. IMPOSE UNREASONABLE OR UNLAWFUL CONDITIONS UPON, REFUSE TO ACKNOWL-
EDGE, OR DELAY CANCELLATION REQUESTED BY A CONSUMER;
[2. A business that makes an automatic renewal offer or continuous
service offer shall provide a toll-free telephone number, electronic
mail address, a postal address only when the seller directly bills the
consumer, or another cost-effective, timely, and easy-to-use mechanism
for cancellation that shall be described in the acknowledgment specified
in paragraph c of subdivision one of this section.
3. a. In addition to the requirements of subdivision two of this
section, a consumer who accepts an automatic renewal or continuous
service offer online shall be allowed to terminate the automatic renewal
or continuous service exclusively online, which may include a termi-
S. 3008 69 A. 3008
nation email formatted and provided by the business that a consumer can
send to the business without additional information.
b. A business that allows a consumer to accept an automatic renewal or
continuous service offer for an initial paid term of one year or longer,
provided that such automatic renewal or continuous service renews for a
paid term of six months or longer, shall] F. FAIL TO notify [such] A
consumer of [such upcoming] AN automatic renewal or continuous service
charge [to such consumer's account] FOR AN AUTOMATIC RENEWAL OR CONTIN-
UOUS SERVICE OFFER WITH AN INITIAL PAID TERM OF ONE YEAR OR LONGER at
least fifteen days before, but not more than forty-five days before, the
[cancellation deadline for such] DATE OF THE automatic renewal[. Such
notice shall include instructions on how to cancel such renewal charge.
c. The provisions of paragraph b of this subdivision shall not apply
to any business, or subsidiary or affiliate thereof, regulated by the
public service commission or the federal communications commission.
4. In the case of a material change in the terms of the automatic
renewal or continuous service offer that has been accepted by a consumer
in this state, the business shall] IN THE MANNER SELECTED BY THE CONSUM-
ER, INCLUDING TEXT, EMAIL, APP NOTIFICATION OR ANY OTHER NOTIFICATION
CHANNEL OFFERED BY THE BUSINESS; OR
G. FAIL TO provide [the] A consumer WHO HAS ACCEPTED AN AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE OFFER with a clear and conspicuous notice
of [the] ANY material change [and provide information regarding how to
cancel in a manner that is capable of being retained by the consumer.
5. The requirements of this article shall apply only prior to the
completion of the initial order for the automatic renewal or continuous
service, except as follows:
a. The requirement in paragraph c of subdivision one of this section
may be fulfilled after completion of the initial order.
b. The requirement in subdivision four of this section shall be
fulfilled prior to implementation of the material change.
6.] TO THE TERMS OF THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER,
INCLUDING ANY PREVIOUSLY UNDISCLOSED PRICE INCREASES, AT LEAST FIVE
BUSINESS DAYS PRIOR TO THE DATE OF THE CHANGE, IN THE SAME MANNER AS
REQUIRED BY PARAGRAPH F OF THIS SUBDIVISION.
2. In any case in which a business sends any goods, wares, merchan-
dise, or products to a consumer, under a continuous service agreement or
automatic renewal of a purchase, without first obtaining the consumer's
affirmative consent, the goods, wares, merchandise, or products shall
for all purposes be deemed an unconditional gift to the consumer, who
may use or dispose of the same in any manner [he or she] SUCH CONSUMER
sees fit without any obligation whatsoever on the consumer's part to the
business, including, but not limited to, bearing the cost of, or respon-
sibility for, shipping any goods, wares, merchandise, or products to the
business.
[7.] 3. Whenever there shall be a violation of this section, an appli-
cation may be made by the attorney general in the name of the people of
the state of New York to a court or justice having jurisdiction to issue
an injunction, and upon notice to the defendant of not less than five
days, to enjoin and restrain the continuance of such violations; and if
it shall appear to the satisfaction of the court or justice that the
defendant has in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding the court may make
allowances to the attorney general as provided in section eighty-three
S. 3008 70 A. 3008
hundred three of the civil practice law and rules, and direct restitu-
tion. In connection with any such proposed application, the attorney
general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil prac-
tice law and rules. Whenever the court shall determine that a violation
of this section has occurred, the court may impose a civil penalty of
not more than one hundred dollars for a single violation and not more
than five hundred dollars for multiple violations resulting from a
single act or incident. A knowing violation of this section shall be
punishable by a civil penalty of not more than five hundred dollars for
a single violation and not more than one thousand dollars for multiple
violations resulting from a single act or incident. No business shall be
deemed to have violated the provisions of this section if such business
shows, by a preponderance of the evidence, that the violation was not
intentional and resulted from a bona fide error made notwithstanding the
maintenance of procedures reasonably adopted to avoid such error.
[8.] 4. The following are exempt from the requirements of this arti-
cle:
a. any service provided by a business or its affiliate where either
the business or its affiliate is doing business pursuant to a franchise
issued by a political subdivision of the state;
b. any entity, or subsidiary or affiliate thereof, regulated by the
department of financial services;
c. security system alarm operators;
d. banks, bank holding companies, or the subsidiary or affiliate of
either, or credit unions or other financial institutions, licensed under
state or federal law; [and]
e. sellers and administrators of a service contract, as defined pursu-
ant to section seven thousand nine hundred two of the insurance law[.];
AND
F. ANY BUSINESS, OR SUBSIDIARY OR AFFILIATE THEREOF, REGULATED BY THE
PUBLIC SERVICE COMMISSION, THE FEDERAL COMMUNICATIONS COMMISSION, OR ANY
OTHER PREEMPTIVE FEDERAL LAW OR REGULATION.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART X
Section 1. Section 349-a of the general business law is renumbered
349-h and a new section 349-a is added to read as follows:
§ 349-A. PRICING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ALGORITHM" MEANS A COMPUTATIONAL PROCESS THAT USES A SET OF RULES
TO DEFINE A SEQUENCE OF OPERATIONS.
(B) "CLEAR AND CONSPICUOUS DISCLOSURE" MEANS DISCLOSURE IN THE SAME
MEDIUM AS, AND PROVIDED ON, AT, OR NEAR AND CONTEMPORANEOUS WITH EVERY
ADVERTISEMENT, DISPLAY, IMAGE, OFFER OR ANNOUNCEMENT OF A PRICE FOR
WHICH NOTICE IS REQUIRED, USING LETTERING AND WORDING THAT IS EASILY
VISIBLE AND UNDERSTANDABLE TO THE AVERAGE CONSUMER.
(C) "CONSUMER" MEANS A NATURAL PERSON WHO IS SEEKING OR SOLICITED TO
PURCHASE, LEASE OR RECEIVE A GOOD OR SERVICE FOR PERSONAL, FAMILY OR
HOUSEHOLD USE.
(D) "CONSUMER DATA" MEANS ANY DATA THAT IDENTIFIES OR COULD REASONABLY
BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL PERSON OR
DEVICE, EXCLUDING LOCATION DATA.
S. 3008 71 A. 3008
(E) "DYNAMIC PRICING" MEANS PRICING THAT FLUCTUATES DEPENDENT ON
CONDITIONS.
(F) "PERSONALIZED ALGORITHMIC PRICING" MEANS DYNAMIC PRICING DERIVED
FROM OR SET BY AN ALGORITHM THAT USES CONSUMER DATA AS DEFINED IN THIS
SECTION, WHICH MAY VARY AMONG INDIVIDUAL CONSUMERS OR CONSUMER POPU-
LATIONS.
(G) "PERSON" MEANS ANY NATURAL PERSON, FIRM, ORGANIZATION, PARTNER-
SHIP, ASSOCIATION, CORPORATION, OR ANY OTHER ENTITY DOMICILED OR DOING
BUSINESS IN NEW YORK STATE.
2. IT SHALL CONSTITUTE A DECEPTIVE ACT OR PRACTICE IN VIOLATION OF
SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE FOR ANY PERSON TO KNOW-
INGLY ADVERTISE, PROMOTE, LABEL OR PUBLISH A STATEMENT, DISPLAY, IMAGE,
OFFER OR ANNOUNCEMENT OF PERSONALIZED ALGORITHMIC PRICING USING CONSUMER
DATA SPECIFIC TO A PARTICULAR INDIVIDUAL WITHOUT A CLEAR AND CONSPICUOUS
DISCLOSURE THAT STATES:
"THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".
§ 2. Subdivision 3 of section 396 of the general business law is
renumbered subdivision 4 and a new subdivision 3 is added to read as
follows:
3. A. FOR PURPOSES OF THIS SUBDIVISION, "PROTECTED CLASS DATA" MEANS
INFORMATION ABOUT AN INDIVIDUAL PERSON OR GROUPS OF PEOPLE THAT DIRECT-
LY, IN COMBINATION, OR BY IMPLICATION IDENTIFIES A CHARACTERISTIC THAT
IS LEGALLY PROTECTED FROM DISCRIMINATION UNDER THE LAWS OF THIS STATE OR
UNDER FEDERAL LAW, INCLUDING BUT NOT LIMITED TO ETHNICITY, NATIONAL
ORIGIN, AGE, DISABILITY, SEX, SEXUAL ORIENTATION, GENDER IDENTITY AND
EXPRESSION, PREGNANCY OUTCOMES AND REPRODUCTIVE HEALTH CARE.
B. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION, OR AGENT
OR EMPLOYEE THEREOF, SHALL USE PROTECTED CLASS DATA IN SETTING A PRICE
FOR, OFFERING, MARKETING, OR SELLING ANY GOOD OR SERVICE IF (1) THE USE
OF THAT DATA HAS THE EFFECT OF WITHHOLDING OR DENYING ANY OF THE ACCOM-
MODATIONS, ADVANTAGES, AND PRIVILEGES ACCORDED TO OTHERS, OR (2) THE
PRICE FOR SUCH GOOD OR SERVICE IS DIFFERENT FROM THE PRICE OFFERED TO
OTHER INDIVIDUALS OR GROUPS BASED IN WHOLE OR IN PART ON THE USE OF
PROTECTED CLASS DATA.
§ 3. Paragraph d of subdivision 4 of section 396 of the general busi-
ness law, as added by chapter 689 of the laws of 2022 and as renumbered
by section two of this act, is amended to read as follows:
d. IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS SECTION, ANY
PERSON AGGRIEVED BY A VIOLATION OF SUBDIVISION THREE OF THIS SECTION MAY
FILE AN ACTION IN ACCORDANCE WITH SECTION TWO HUNDRED NINETY-SEVEN OF
THE EXECUTIVE LAW. Nothing in this section shall in any way limit rights
or remedies which are otherwise available under law to the attorney
general or any other person authorized to bring an action under this
section.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.
PART Y
Section 1. The banking law is amended by adding a new article 14-B to
read as follows:
ARTICLE 14-B
BUY-NOW-PAY-LATER LENDERS
SECTION 735. SHORT TITLE.
736. DEFINITIONS.
737. LICENSE.
S. 3008 72 A. 3008
738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED.
739. LICENSE PROVISIONS AND POSTING.
740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK.
741. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE.
742. SUPERINTENDENT AUTHORIZED TO EXAMINE.
743. LICENSEE'S BOOKS AND RECORDS; REPORTS.
744. ACTS PROHIBITED.
745. INTEREST AND OTHER CHARGES.
746. CONSUMER PROTECTIONS.
747. AUTHORITY OF SUPERINTENDENT.
748. PENALTIES.
749. SEVERABILITY.
§ 735. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "BUY-NOW-PAY-LATER ACT".
§ 736. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "CONSUMER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
NEW YORK.
2. "BUY-NOW-PAY-LATER LOAN" MEANS CLOSED-END CREDIT PROVIDED TO A
CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF GOODS
AND/OR SERVICES, OTHER THAN A MOTOR VEHICLE AS DEFINED UNDER SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW. A "BUY-NOW-PAY-LATER
LOAN" DOES NOT INCLUDE CREDIT WHERE THE CREDITOR IS THE SELLER OF SUCH
GOODS AND/OR SERVICES, UNLESS IT IS CREDIT PURSUANT TO AN AGREEMENT
WHEREBY, AT A CONSUMER'S REQUEST, THE CREDITOR PURCHASES A SPECIFIC GOOD
AND/OR SERVICE FROM A SELLER AND RESELLS SUCH SPECIFIC GOOD AND/OR
SERVICE TO SUCH CONSUMER ON CLOSED-END CREDIT.
3. "BUY-NOW-PAY-LATER LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
LATER LOANS IN THIS STATE. FOR PURPOSES OF THE PRECEDING SENTENCE,
"OFFER" MEANS OFFERING TO MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
CREDIT DIRECTLY TO A CONSUMER OR OPERATING A PLATFORM, SOFTWARE OR
SYSTEM WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR BOTH. A
PERSON SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER LENDER ON THE BASIS
OF ISOLATED, INCIDENTAL OR OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET
THE DEFINITIONS OF THIS SECTION.
4. "EXEMPT ORGANIZATION" MEANS ANY BANKING ORGANIZATION OR FOREIGN
BANKING CORPORATION LICENSED BY THE SUPERINTENDENT OR THE COMPTROLLER OF
THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE OR ORIGINATING BUY-NOW-
PAY-LATER LOANS FROM A BRANCH IN THIS STATE SUBJECT TO ARTICLE FIVE-C OF
THIS CHAPTER, LICENSED LENDER LICENSED BY THE SUPERINTENDENT UNDER ARTI-
CLE NINE OF THIS CHAPTER, NATIONAL BANK, FEDERAL SAVINGS BANK, FEDERAL
SAVINGS AND LOAN ASSOCIATION, FEDERAL CREDIT UNION, OR STATE DEPOSITORY
INSTITUTION OR STATE CREDIT UNION AS DEFINED IN 12 U.S.C. §§ 1813(C)(5)
AND 1752(6) RESPECTIVELY.
5. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE UNDER THIS
ARTICLE.
6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
OR ANY OTHER BUSINESS ORGANIZATION.
§ 737. LICENSE. 1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
IZATION AS DEFINED IN THIS ARTICLE, SHALL ACT AS A BUY-NOW-PAY-LATER
LENDER WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT UNDER
THIS ARTICLE.
S. 3008 73 A. 3008
2. AN APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
IN THE FORM AND CONTAINING SUCH INFORMATION AS THE SUPERINTENDENT MAY
REQUIRE.
3. AT THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER.
4. A LICENSE GRANTED UNDER THIS ARTICLE SHALL BE VALID UNLESS REVOKED
OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY THE LICENSEE
AND ACCEPTED BY THE SUPERINTENDENT.
5. IN CONNECTION WITH AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY, INCLUDING FINANCIAL
STATEMENTS, NOTING SUCH CAPITALIZATION REQUIREMENTS AND ACCESS TO SUCH
CREDIT OR SUCH OTHER AFFIRMATION OR INFORMATION AS MAY BE PRESCRIBED BY
THE REGULATIONS OF THE SUPERINTENDENT.
§ 738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED. 1. AFTER THE FILING OF AN APPLICATION FOR A
LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO SUBDIVISION THREE
OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE, IT SHALL BE
SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED SUFFICIENT AND
COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL RESPONSIBILITY,
INCLUDING MEETING ANY CAPITAL REQUIREMENTS AS ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION, EXPERIENCE, CHARACTER AND GENERAL
FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH THE APPLICANT ARE
SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY AND TO WARRANT THE
BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY, FAIRLY AND EFFI-
CIENTLY WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS SUBDIVISION, THE
APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF THE APPLICANT IF
IT IS A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR ORGANIZATION, AND
ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE APPLICANT IF IT IS A
CORPORATION.
2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE, THE SUPERINTEN-
DENT SHALL NOTIFY THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF
THIS ARTICLE.
3. THE SUPERINTENDENT MAY PROMULGATE RULES AND REGULATIONS SETTING
CAPITAL REQUIREMENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF
LICENSEES AND THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS,
VOLUME OF BUSINESS, COMPLEXITY, AND OTHER RELEVANT FACTORS REGARDING
SUCH LICENSEES. FURTHER, THE SUPERINTENDENT MAY PROMULGATE RULES AND
REGULATIONS PRESCRIBING A METHODOLOGY TO CALCULATE CAPITAL REQUIREMENTS
WITH RESPECT TO LICENSEES OR CATEGORIES THEREOF.
§ 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER THIS
ARTICLE SHALL STATE THE NAME AND ADDRESS OF THE LICENSEE, AND IF THE
LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES OF THE MEMBERS
THEREOF, AND IF A CORPORATION THE DATE AND PLACE OF ITS INCORPORATION.
2. SUCH LICENSE SHALL BE KEPT CONSPICUOUSLY POSTED ON THE MOBILE
APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF THE LICENSEE, AS
WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
OFFERED OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
§ 740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
S. 3008 74 A. 3008
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE. PRIOR TO
ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
DENT AND PAY AN INVESTIGATION FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AS THE SUPERINTENDENT, BY REGULATION, MAY
PRESCRIBE AS NECESSARY OR APPROPRIATE FOR THE PURPOSE OF MAKING THE
DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A LICENSEE. THEREAFTER, SUCH LEGAL REPRESENTATIVE SHALL
COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE
APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL REPRE-
SENTATIVE.
4. THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION TO
ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE, CONSERVATOR OR
RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESENTATIVE AND ONE
ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SUCH COURT APPOINTMENT.
5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
OF VOTING STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
PERSON WHICH POSSESSES SUCH POWER OR OTHERWISE. CONTROL SHALL BE
PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK
OF ANY LICENSEE OR OF ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF ANY LICEN-
SEE, BUT NO PERSON SHALL BE DEEMED TO CONTROL A LICENSEE SOLELY BY
REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR PERSON. THE
SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
TION OF A LICENSEE OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD
WITH POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
SECTION.
§ 741. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1.
A LICENSE GRANTED UNDER THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
SUPERINTENDENT UPON A FINDING THAT:
(A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, CLEARLY WOULD HAVE
WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
(C) THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING OR REQUIRE-
MENT OF THE SUPERINTENDENT.
S. 3008 75 A. 3008
2. ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
INTENDENT WRITTEN NOTICE THAT THE LICENSEE THEREBY SURRENDERS SUCH
LICENSE. SUCH SURRENDER SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL OR CRIMINAL
LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
3. EVERY LICENSE ISSUED UNDER THIS ARTICLE SHALL REMAIN IN FORCE AND
EFFECT UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED,
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTEN-
DENT SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE A
NEW LICENSE TO A LICENSEE WHOSE LICENSE HAS BEEN REVOKED IF NO FACT OR
CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
DENT'S REFUSAL TO ISSUE SUCH LICENSE.
4. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED UNDER THIS ARTICLE, THE SUPERINTENDENT SHALL FORTHWITH EXECUTE A
WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE REVIEWED IN THE MANNER
PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
SUCH SPECIAL PROCEEDING FOR REVIEW AS AUTHORIZED BY THIS SECTION MUST BE
COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER OF SUSPENSION
OR REVOCATION.
5. THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
ING, SUSPEND ANY LICENSE ISSUED UNDER THIS ARTICLE FOR A PERIOD NOT
EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED IN
THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS ENGAGED IN OR
IS LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
RULES AND REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR
INEQUITABLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
6. NO REVOCATION, SUSPENSION OR SURRENDER OF ANY LICENSE SHALL IMPAIR
OR AFFECT ANY PRE-EXISTING LAWFUL CONTRACTS BETWEEN THE LICENSEE AND ANY
BORROWER.
§ 742. SUPERINTENDENT AUTHORIZED TO EXAMINE. 1. THE SUPERINTENDENT
SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS THE SUPERINTENDENT
SHALL DEEM NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE
OR ANY OTHER APPLICABLE LAW, OR WHETHER ANY LICENSEE HAS CONDUCTED
ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION OF ITS LICENSE,
AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
ATTENDANCE OF AND EXAMINE ANY PERSON UNDER OATH, AND SHALL HAVE THE
POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
AND DOCUMENTS.
2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE SUCH EXAMINATIONS
OF THE BOOKS, RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
ANY LICENSEE AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO DETERMINE
WHETHER ANY SUCH LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
CHAPTER OR ANY OTHER APPLICABLE LAW OR TO SECURE INFORMATION LAWFULLY
REQUIRED BY THE SUPERINTENDENT.
§ 743. LICENSEE'S BOOKS AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
LENDER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS, ACCOUNTS AND
RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE WHETHER SUCH
BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS ARTI-
CLE AND WITH THE RULES AND REGULATIONS PROMULGATED BY THE SUPERINTENDENT
THEREUNDER. EVERY BUY-NOW-PAY-LATER LENDER SHALL PRESERVE SUCH BOOKS,
ACCOUNTS AND RECORDS FOR AT LEAST SIX YEARS AFTER MAKING THE FINAL ENTRY
IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN RECORDED THEREIN; PROVIDED,
HOWEVER, THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPRODUCTIONS THER-
EOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTITUTE COMPLI-
ANCE WITH THIS REQUIREMENT.
S. 3008 76 A. 3008
2. BY A DATE TO BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
AUTHORITY OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY AND BE IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT. IN ADDITION TO SUCH ANNUAL
REPORTS, THE SUPERINTENDENT MAY REQUIRE OF LICENSEES SUCH ADDITIONAL
REGULAR OR SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
§ 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL TAKE OR
CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
2. NO BUY-NOW-PAY-LATER LENDER SHALL:
(A) EMPLOY ANY SCHEME, DEVICE, OR ARTIFICE TO DEFRAUD OR MISLEAD A
BORROWER;
(B) ENGAGE IN ANY UNFAIR, DECEPTIVE OR ABUSIVE ACT OR PRACTICE TOWARD
ANY PERSON OR MISREPRESENT OR OMIT ANY MATERIAL INFORMATION IN
CONNECTION WITH THE BUY-NOW-PAY-LATER LOANS, INCLUDING, BUT NOT LIMITED
TO, MISREPRESENTING THE AMOUNT, NATURE OR TERMS OF ANY FEE OR PAYMENT
DUE OR CLAIMED TO BE DUE ON THE LOAN, THE TERMS AND CONDITIONS OF THE
LOAN AGREEMENT OR THE BORROWER'S OBLIGATIONS UNDER THE LOAN;
(C) MISAPPLY PAYMENTS TO THE OUTSTANDING BALANCE OF ANY BUY-NOW-PAY-
LATER LOAN OR TO ANY RELATED FEES;
(D) PROVIDE INACCURATE INFORMATION TO A CONSUMER REPORTING AGENCY; OR
(E) MAKE ANY FALSE STATEMENT OR MAKE ANY OMISSION OF A MATERIAL FACT
IN CONNECTION WITH ANY INFORMATION OR REPORTS FILED WITH A GOVERNMENTAL
AGENCY OR IN CONNECTION WITH ANY INVESTIGATION CONDUCTED BY THE SUPER-
INTENDENT OR ANOTHER GOVERNMENTAL AGENCY.
§ 745. INTEREST AND OTHER CHARGES. 1. SUBJECT TO APPLICABLE FEDERAL
LAW, NO BUY-NOW-PAY-LATER LENDER SHALL CHARGE, CONTRACT FOR, OR OTHER-
WISE RECEIVE FROM A CONSUMER ANY INTEREST, DISCOUNT, OR OTHER CONSIDER-
ATION IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN, WHETHER DIRECTLY OR
INDIRECTLY, GREATER THAN THE RATE PERMITTED BY SECTION 5-501 OF THE
GENERAL OBLIGATIONS LAW.
2. THE SUPERINTENDENT MAY ESTABLISH A STANDARD AMOUNT OR PERCENTAGE
FOR TOTAL MAXIMUM CHARGE OR FEE IN CONNECTION WITH LATE PAYMENT, DEFAULT
OR ANY OTHER VIOLATION OF THE BUY-NOW-PAY-LATER LOAN AGREEMENT THAT A
BUY-NOW-PAY-LATER LENDER CAN CHARGE A CONSUMER. SUCH FEE OR CHARGE SHALL
NOT BE COLLECTED MORE THAN ONCE FOR A SINGLE SUCH LATE PAYMENT, DEFAULT,
OR OTHER VIOLATION OF THE BUY-NOW-PAY-LATER LOAN AGREEMENT.
3. THE SUPERINTENDENT MAY PROMULGATE RULES AND REGULATIONS REGARDING
THE MANNER OF CHARGING INTEREST AND FEES DESCRIBED IN THIS SECTION.
§ 746. CONSUMER PROTECTIONS. 1. A BUY-NOW-PAY-LATER LENDER SHALL
DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF BUY-NOW-PAY-
LATER LOANS, INCLUDING THE COST, SUCH AS INTEREST AND FEES, REPAYMENT
SCHEDULE, WHETHER THE TRANSACTION WILL OR WILL NOT BE REPORTED TO A
CREDIT REPORTING AGENCY, AND OTHER MATERIAL CONDITIONS, IN A CLEAR AND
CONSPICUOUS MANNER. DISCLOSURES SHALL COMPLY WITH APPLICABLE FEDERAL
REGULATIONS, INCLUDING BUT NOT LIMITED TO REGULATION Z OF TITLE I OF THE
CONSUMER CREDIT PROTECTION ACT.
2. SUBJECT TO REGULATIONS TO BE PROMULGATED BY THE SUPERINTENDENT, A
BUY-NOW-PAY-LATER LENDER SHALL, BEFORE PROVIDING OR CAUSING TO BE
PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, MAKE, OR CAUSE TO BE
S. 3008 77 A. 3008
MADE, A REASONABLE DETERMINATION THAT SUCH CONSUMER HAS THE ABILITY TO
REPAY THE BUY-NOW-PAY-LATER LOAN. NO LICENSEE SHALL COLLECT, EVALUATE,
REPORT, OR MAINTAIN IN THE FILE ON A BORROWER THE CREDIT WORTHINESS,
CREDIT STANDING, OR CREDIT CAPACITY OF MEMBERS OF THE BORROWER'S SOCIAL
NETWORK FOR PURPOSES OF DETERMINING THE CREDIT WORTHINESS OF THE BORROW-
ER; THE AVERAGE CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT CAPACITY
OF MEMBERS OF THE BORROWER'S SOCIAL NETWORK; OR ANY GROUP SCORE THAT IS
NOT THE BORROWER'S OWN CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT
CAPACITY.
3. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE MAINTAINED
POLICIES AND PROCEDURES FOR MAINTAINING ACCURATE DATA THAT MAY BE
REPORTED TO CREDIT REPORTING AGENCIES. THE SUPERINTENDENT MAY PROMULGATE
RULES AND REGULATIONS REQUIRING THAT BUY-NOW-PAY-LATER LENDERS REPORT OR
CAUSE TO BE REPORTED DATA ON BUY-NOW-PAY-LATER LOANS TO CREDIT REPORTING
AGENCIES, REQUIRING THAT SUCH REPORTING OCCUR IN A PARTICULAR MANNER, OR
PROHIBITING SUCH REPORTING.
4. A BUY-NOW-PAY-LATER LENDER SHALL PROVIDE OR CAUSE TO BE PROVIDED
REFUNDS OR CREDITS FOR GOODS OR SERVICES PURCHASED IN CONNECTION WITH A
BUY-NOW-PAY-LATER LOAN, UPON CONSUMER REQUEST, IN A MANNER THAT IS FAIR,
TRANSPARENT, AND NOT UNDULY BURDENSOME TO CONSUMERS. A BUY-NOW-PAY-LATER
LENDER SHALL MAINTAIN OR CAUSE TO BE MAINTAINED POLICIES AND PROCEDURES
TO PROVIDE SUCH REFUNDS OR CREDITS. SUCH POLICIES AND PROCEDURES SHALL
BE FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME TO THE CONSUMER. A BUY-
NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUM-
ERS, IN A CLEAR AND CONSPICUOUS MANNER, THE PROCESS BY WHICH THEY CAN
OBTAIN REFUNDS OR CREDITS FOR GOODS OR SERVICES THEY HAVE PURCHASED IN
CONNECTION WITH A BUY-NOW-PAY-LATER LOAN.
5. A BUY-NOW-PAY-LATER LENDER SHALL RESOLVE OR CAUSE TO BE RESOLVED
DISPUTES IN A MANNER THAT IS FAIR AND TRANSPARENT TO CONSUMERS. A BUY-
NOW-PAY-LATER LENDER SHALL CREATE OR CAUSE TO BE CREATED A READILY
AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUMERS TO BRING A
DISPUTE TO THE BUY-NOW-PAY-LATER LENDER. A BUY-NOW-PAY-LATER LENDER
SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUMER DISPUTES.
THE SUPERINTENDENT MAY PROMULGATE RULES AND REGULATIONS REGARDING TREAT-
MENT OF UNAUTHORIZED USE, SO THAT CONSUMERS ARE LIABLE FOR USE OF BUY-
NOW-PAY-LATER LOANS IN THEIR NAME ONLY UNDER CIRCUMSTANCES WHERE SUCH
LIABILITY WOULD BE FAIR AND REASONABLE. A BUY-NOW-PAY-LATER LENDER SHALL
APPLY TO BUY-NOW-PAY-LATER LOANS THE DISPUTE RIGHTS AND UNAUTHORIZED
CHARGES REQUIREMENTS THAT APPLY TO CREDIT CARDS UNDER THE TRUTH IN LEND-
ING ACT, 15 U.S.C. § 1643, 1666, 1666A, 1666I, REGARDLESS OF WHETHER
SUCH LAW APPLIES TO BUY-NOW-PAY-LATER LOANS OR WHETHER THE BUY-NOW-PAY-
LATER LENDER OFFERS A CREDIT CARD WITHIN THE SCOPE OF SUCH LAW.
6. A BUY-NOW-PAY-LATER LENDER MAY USE, SELL, OR SHARE THE DATA OF A
CONSUMER, OTHER THAN IN CONNECTION WITH THE MAKING OF A PARTICULAR BUY-
NOW-PAY-LATER LOAN TO THE CONSUMER, ONLY WITH THE CONSUMER'S CONSENT. A
BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO A
CONSUMER IN A CLEAR AND CONSPICUOUS MANNER HOW SUCH CONSUMER'S DATA MAY
BE USED, SHARED, OR SOLD BY THE BUY-NOW-PAY-LATER LENDER BEFORE OBTAIN-
ING SUCH CONSUMER'S CONSENT AND ALSO SHALL DISCLOSE OR CAUSE TO BE
DISCLOSED TO SUCH CONSUMER IN A CLEAR AND CONSPICUOUS MANNER HOW SUCH
CONSUMER MAY SUBSEQUENTLY WITHDRAW CONSENT TO SUCH USE, SHARING, OR
SALE. THE SUPERINTENDENT, IN THEIR DISCRETION, MAY BY REGULATION PROHIB-
IT CERTAIN USES OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL MAIN-
TAIN POLICIES AND PROCEDURES REGARDING ITS USE, SALE, AND SHARING OF
CONSUMERS' DATA.
S. 3008 78 A. 3008
7. ANY BUY-NOW-PAY-LATER LOAN MADE BY A PERSON NOT LICENSED UNDER THIS
ARTICLE, OTHER THAN AN EXEMPT ORGANIZATION, SHALL BE VOID, AND SUCH
PERSON SHALL HAVE NO RIGHT TO COLLECT OR RECEIVE ANY PRINCIPAL, INTEREST
OR CHARGE WHATSOEVER.
§ 747. AUTHORITY OF SUPERINTENDENT. 1. THE SUPERINTENDENT IS AUTHOR-
IZED TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE APPRO-
PRIATE TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE, PROTECT CONSUMERS,
AND ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF BUY-NOW-PAY-LATER
LENDERS. THE SUPERINTENDENT IS FURTHER AUTHORIZED TO MAKE SUCH SPECIFIC
RULINGS, DEMANDS, AND FINDINGS AS MAY BE NECESSARY FOR THE PROPER
CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND FOR THE
ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCONSISTENT
HEREWITH.
2. IN ADDITION TO SUCH POWERS AS MAY OTHERWISE BE PRESCRIBED BY LAW,
THE SUPERINTENDENT IS HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE SUCH
RULES AND REGULATIONS AS MAY IN THE JUDGMENT OF THE SUPERINTENDENT BE
CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, OR APPROPRIATE FOR THE
EFFECTIVE ADMINISTRATION OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO:
(A) SUCH RULES AND REGULATIONS IN CONNECTION WITH THE ACTIVITIES OF
BUY-NOW-PAY-LATER LENDERS AS MAY BE NECESSARY AND APPROPRIATE FOR THE
PROTECTION OF BORROWERS IN THIS STATE;
(B) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY AND APPROPRIATE TO
DEFINE UNFAIR, DECEPTIVE, OR ABUSIVE ACTS OR PRACTICES IN CONNECTION
WITH THE ACTIVITIES OF BUY-NOW-PAY-LATER LENDERS;
(C) SUCH RULES AND REGULATIONS AS MAY DEFINE THE TERMS USED IN THIS
ARTICLE AND AS MAY BE NECESSARY AND APPROPRIATE TO INTERPRET AND IMPLE-
MENT THE PROVISIONS OF THIS ARTICLE; AND
(D) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE ENFORCEMENT
OF THIS ARTICLE.
§ 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES OR PARTIC-
IPATES IN THE VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT OF A MATERIAL
FACT IN ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS
ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY TO
GIVE THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION,
SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN SIX
MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
2. WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER ANY
OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A PROCEEDING
AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER LENDER, WHETHER
OR NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A PENALTY FOR ANY
VIOLATION OF THIS CHAPTER, ANY RULE OR REGULATION PROMULGATED THERE-
UNDER, ANY FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO SECTION THIRTY-
NINE OF THIS CHAPTER, ANY CONDITION IMPOSED IN WRITING BY THE SUPER-
INTENDENT IN CONNECTION WITH THE GRANT OF ANY APPLICATION OR REQUEST, OR
ANY WRITTEN AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT, AND FOR
KNOWINGLY MAKING ANY INCORRECT STATEMENT OF A MATERIAL FACT IN ANY
APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS ARTICLE, OR
KNOWINGLY OMITTING TO STATE ANY MATERIAL FACT NECESSARY TO GIVE THE
SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPERINTENDENT
OR REFUSING TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION. AS TO ANY
BUY-NOW-PAY-LATER LENDER THAT IS NOT A LICENSEE OR AN EXEMPT ORGANIZA-
TION, THE SUPERINTENDENT IS AUTHORIZED TO IMPOSE A PENALTY IN THE SAME
S. 3008 79 A. 3008
AMOUNT AUTHORIZED IN SECTION FORTY-FOUR OF THIS CHAPTER FOR A VIOLATION
OF THIS CHAPTER BY ANY PERSON LICENSED, CERTIFIED, REGISTERED, AUTHOR-
IZED, CHARTERED, ACCREDITED, INCORPORATED OR OTHERWISE APPROVED BY THE
SUPERINTENDENT UNDER THIS CHAPTER.
3. NO PERSON EXCEPT A BUY-NOW-PAY-LATER LENDER LICENSED UNDER THIS
ARTICLE SHALL MAKE, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, OR BY
ANY METHOD, PRACTICE OR DEVICE, A REPRESENTATION THAT SUCH PERSON IS
LICENSED UNDER THIS ARTICLE.
§ 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
BLE.
§ 2. Subdivision 1 of section 36 of the banking law, as amended by
chapter 146 of the laws of 1961, is amended to read as follows:
1. The superintendent shall have the power to examine every banking
organization, every bank holding company and any non-banking subsidiary
thereof (as such terms "bank holding company" and "non-banking subsid-
iary" are defined in article three-A of this chapter) and every licensed
lender AND LICENSED BUY-NOW-PAY-LATER LENDER at any time prior to its
dissolution whenever in [his] THE SUPERINTENDENT'S judgment such exam-
ination is necessary or advisable.
§ 3. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed mortgage banker,
registered mortgage broker, licensed mortgage loan originator, licensed
sales finance company, registered mortgage loan servicer, licensed
student loan servicer, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, any other person
or entity subject to supervision under this chapter, or the department,
shall be confidential communications, shall not be subject to subpoena
and shall not be made public unless, in the judgment of the superinten-
dent, the ends of justice and the public advantage will be subserved by
the publication thereof, in which event the superintendent may publish
or authorize the publication of a copy of any such report or any part
thereof in such manner as may be deemed proper or unless such laws
specifically authorize such disclosure. For the purposes of this subdi-
vision, "reports of examinations and investigations, and any correspond-
ence and memoranda concerning or arising out of such examinations and
investigations", includes any such materials of a bank, insurance or
securities regulatory agency or any unit of the federal government or
that of this state any other state or that of any foreign government
which are considered confidential by such agency or unit and which are
S. 3008 80 A. 3008
in the possession of the department or which are otherwise confidential
materials that have been shared by the department with any such agency
or unit and are in the possession of such agency or unit.
§ 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
by chapter 360 of the laws of 1984, are amended to read as follows:
3. In addition to any reports expressly required by this chapter to be
made, the superintendent may require any banking organization, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed mortgage banker, foreign banking corporation licensed by the
superintendent to do business in this state, bank holding company and
any non-banking subsidiary thereof, corporate affiliate of a corporate
banking organization within the meaning of subdivision six of section
thirty-six of this article and any non-banking subsidiary of a corpo-
ration which is an affiliate of a corporate banking organization within
the meaning of subdivision six-a of section thirty-six of this article
to make special reports to [him] THE SUPERINTENDENT at such times as
[he] THE SUPERINTENDENT may prescribe.
5. The superintendent may extend at [his] THE SUPERINTENDENT'S
discretion the time within which a banking organization, foreign banking
corporation licensed by the superintendent to do business in this state,
bank holding company or any non-banking subsidiary thereof, licensed
casher of checks, licensed mortgage banker, private banker, LICENSED
BUY-NOW-PAY-LATER LENDER or licensed lender is required to make and file
any report to the superintendent.
§ 5. Section 39 of the banking law, as amended by section 3 of part L
of chapter 58 of the laws of 2019, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation licensed by
the superintendent to do business or maintain a representative office in
this state has violated any law or regulation, [he or she] THE SUPER-
INTENDENT may, in [his or her] THE SUPERINTENDENT'S discretion, issue an
order describing such apparent violation and requiring such banking
organization, bank holding company, registered mortgage broker, licensed
mortgage banker, licensed student loan servicer, licensed mortgage loan
originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed
casher of checks, licensed sales finance company, licensed insurance
premium finance agency, licensed transmitter of money, licensed budget
planner, out-of-state state bank that maintains a branch or branches or
representative or other offices in this state, or foreign banking corpo-
ration to appear before [him or her] THE SUPERINTENDENT, at a time and
place fixed in said order, to present an explanation of such apparent
violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, licensed student loan servicer, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, LICENSED
BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales
S. 3008 81 A. 3008
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation licensed by the super-
intendent to do business in this state is conducting business in an
unauthorized or unsafe and unsound manner, [he or she] THE SUPERINTEN-
DENT may, in [his or her] THE SUPERINTENDENT'S discretion, issue an
order directing the discontinuance of such unauthorized or unsafe and
unsound practices, and fixing a time and place at which such banking
organization, bank holding company, registered mortgage broker, licensed
mortgage banker, licensed student loan servicer, registered mortgage
loan servicer, licensed mortgage loan originator, licensed lender,
LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed
sales finance company, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation may volun-
tarily appear before [him or her] THE SUPERINTENDENT to present any
explanation in defense of the practices directed in said order to be
discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered mortgage
broker, licensed mortgage banker, licensed student loan servicer,
licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner or private banker are not satisfied, the super-
intendent may, in the superintendent's discretion, issue an order
directing that such banking organization, bank holding company, branch
or agency of a foreign banking corporation, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, licensed lend-
er, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, or private
banker make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, [he or
she] THE SUPERINTENDENT may, in [his or her] THE SUPERINTENDENT'S
discretion, issue an order directing that such banking organization,
branch or agency of a foreign banking corporation make good such
reserves forthwith or within a time specified in such order, or that it
keep its reserves on hand as required by this chapter.
S. 3008 82 A. 3008
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, agency or branch of a foreign banking corpo-
ration licensed by the superintendent to do business in this state, does
not keep its books and accounts in such manner as to enable [him or her]
THE SUPERINTENDENT to readily ascertain its true condition, [he or she]
THE SUPERINTENDENT may, in [his or her] THE SUPERINTENDENT'S discretion,
issue an order requiring such banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, or foreign banking corporation, or the officers
or agents thereof, or any of them, to open and keep such books or
accounts as [he or she] THE SUPERINTENDENT may, in [his or her] THE
SUPERINTENDENT'S discretion, determine and prescribe for the purpose of
keeping accurate and convenient records of its transactions and
accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 6. Subdivision 1 of section 42 of the banking law, as amended by
chapter 65 of the laws of 1948, is amended to read as follows:
1. The name and the location of the principal office of every proposed
corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks, the organization certificate,
private banker's certificate or application for license of which has
been filed for examination, and the date of such filing.
§ 7. Subdivision 2 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
2. The name and location of every licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER and licensed casher of checks, and the name, location,
amount of capital stock or permanent capital and amount of surplus of
every corporation and private banker and the minimum assets required of
every branch of a foreign banking corporation authorized to commence
business, and the date of authorization or licensing.
§ 8. Subdivision 3 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
3. The name of every proposed corporation, private banker, branch of a
foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks to which a certificate of authori-
zation or a license has been refused and the date of notice of refusal.
§ 9. Subdivision 4 of section 42 of the banking law, as amended by
chapter 60 of the laws of 1957, is amended to read as follows:
4. The name and location of every private banker, licensed lender,
licensed casher of checks, sales finance company, LICENSED BUY-NOW-PAY-
LATER LENDER and foreign corporation the authorization certificate or
license of which has been revoked, and the date of such revocation.
§ 10. Subdivision 5 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
S. 3008 83 A. 3008
5. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration which has applied for leave to change its place or one of its
places of business and the places from and to which the change is
proposed to be made; the name of every banking organization which has
applied to change the designation of its principal office to a branch
office and to change the designation of one of its branch offices to its
principal office, and the location of the principal office which is
proposed to be redesignated as a branch office and of the branch office
which is proposed to be redesignated as the principal office.
§ 11. Subdivision 6 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
6. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration authorized to change its place or one of its places of business
and the date when and the places from and to which the change is author-
ized to be made; the name of every banking organization authorized to
change the designation of its principal office to a branch office and to
change the designation of a branch office to its principal office, the
location of the redesignated principal office and of the redesignated
branch office, and the date of such change.
§ 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed mortgage banker, licensed
student loan servicer, registered mortgage broker, licensed mortgage
loan originator, registered mortgage loan servicer or licensed budget
planner to pay to the people of this state a penalty for any violation
of this chapter, any regulation promulgated thereunder, any final or
temporary order issued pursuant to section thirty-nine of this article,
any condition imposed in writing by the superintendent in connection
with the grant of any application or request, or any written agreement
entered into with the superintendent.
§ 13. This act shall take effect on the one hundred eightieth day
after the department of financial services shall have promulgated rules
and/or regulations to effectuate the provisions of this act; provided
that the department of financial services shall notify the legislative
bill drafting commission upon the occurrence of the promulgation of the
rules and regulations necessary to effectuate and enforce the provisions
of section two of this act, in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation authorized to be made by the super-
intendent pursuant to this act is authorized to be made and completed on
or before such effective date.
PART Z
S. 3008 84 A. 3008
Section 1. Section 2911 of the insurance law is amended by adding a
new subsection (d) to read as follows:
(D) (1) NOT LATER THAN JULY FIRST OF EACH YEAR, A PHARMACY BENEFIT
MANAGER REQUIRED TO BE LICENSED UNDER THIS ARTICLE SHALL PUBLISH A
REPORT ON ITS WEBSITE WHICH CONTAINS, FOR THE IMMEDIATELY PRECEDING
CALENDAR YEAR, THE FOLLOWING INFORMATION:
(A) THE AGGREGATED DOLLAR AMOUNT OF REBATES, FEES, PRICE PROTECTION
PAYMENTS AND ANY OTHER PAYMENTS THE PHARMACY BENEFIT MANAGER RECEIVED
FROM DRUG MANUFACTURERS THROUGH A REBATE CONTRACT;
(B) THE PORTIONS OF THE AMOUNT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH
WHICH WERE:
(I) PASSED ON TO HEALTH PLANS; OR
(II) RETAINED BY THE PHARMACY BENEFIT MANAGER; AND
(C) FOR EACH REBATE CONTRACT IN EFFECT DURING THE REPORTING PERIOD:
(I) THE NAMES OF THE CONTRACTING PARTIES;
(II) THE EXECUTION DATE AND THE TERM OF THE CONTRACT, INCLUDING EXTEN-
SIONS;
(III) THE NAME OF THE DRUGS AND THE ASSOCIATED NATIONAL DRUG CODES
COVERED BY THE REBATE CONTRACT, AND FOR EACH DRUG:
(I) A SUMMARY OF THE CONTRACT TERMS REGARDING FORMULARY PLACEMENT,
FORMULARY EXCLUSION, OR PRIOR AUTHORIZATION REQUIREMENTS OR STEP EDITS,
OF ANY DRUGS CONSIDERED TO COMPETE WITH EACH DRUG;
(II) A SUMMARY OF ALL TERMS REQUIRING OR INCENTIVIZING VOLUME OR
MARKET SHARE FOR EACH DRUG, INCLUDING BASE REBATE AMOUNTS, BUNDLED
REBATES AND INCREMENTAL REBATES, STATED SEPARATELY, AND PRICE CONCES-
SION, STATED SEPARATELY FOR EACH DRUG; AND
(III) THE TOTAL NUMBER OF PRESCRIPTIONS FILLED AND UNITS DISPENSED FOR
WHICH A REBATE, DISCOUNT, PRICE CONCESSION OR OTHER CONSIDERATION WAS
RECEIVED BY THE PHARMACY BENEFIT MANAGER FOR EACH DRUG;
(IV) THE REBATE PERCENTAGE AND DOLLAR AMOUNT RETAINED BY THE PHARMACY
BENEFIT MANAGER FOR EVERY REBATE, DISCOUNT, PRICE CONCESSION OR OTHER
CONSIDERATION UNDER EACH REBATE CONTRACT; AND
(V) THE DOLLAR AMOUNT OF ANY OTHER COMPENSATION PAID BY A DRUG
MANUFACTURER TO A PHARMACY BENEFIT MANAGER FOR SERVICES INCLUDING
DISTRIBUTION MANAGEMENT SERVICES, DATA OR DATA SERVICES, MARKETING OR
PROMOTIONAL SERVICES, RESEARCH PROGRAMS, OR OTHER ANCILLARY SERVICES,
UNDER EACH REBATE CONTRACT.
(D) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "REBATE CONTRACT"
MEANS ANY AGREEMENT ENTERED INTO BY A PHARMACY BENEFIT MANAGER WITH ANY
DRUG MANUFACTURER OR AGENT OR AFFILIATE OF A DRUG MANUFACTURER THAT
DETERMINES ANY REBATE, DISCOUNT, ADMINISTRATIVE OR OTHER FEE, PRICE
CONCESSION, OR OTHER CONSIDERATION RELATED TO THE DISPENSING OF
PRESCRIPTION DRUGS FOR A HEALTH PLAN.
(E) A COPY OF THE REPORT REQUIRED BY THIS SUBSECTION SHALL BE FILED
WITH THE SUPERINTENDENT AND WITH THE DEPARTMENT OF HEALTH NO LATER THAN
JULY FIRST EACH YEAR.
§ 2. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART AA
S. 3008 85 A. 3008
Section 1. The general business law is amended by adding a new section
352-m to read as follows:
§ 352-M. PROTECTING ELIGIBLE ADULTS FROM EXPLOITATION. 1. DEFINITIONS.
AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY YEARS OF AGE OR
OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL OR
PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR PROTECT
THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM OTHERS.
(C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(E) "QUALIFIED INDIVIDUAL" MEANS ANY AGENT, INVESTMENT ADVISER REPRE-
SENTATIVE OR PERSON WHO SERVES IN A SUPERVISORY, COMPLIANCE, LEGAL, OR
SENIOR OR VULNERABLE ADULT PROTECTION CAPACITY FOR A BROKER-DEALER OR
INVESTMENT ADVISER.
2. NOTIFICATION. IF A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED
INDIVIDUAL REASONABLY BELIEVES FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR IS BEING ATTEMPTED, SUCH
BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PROMPTLY
NOTIFY THE ADULT PROTECTIVE SERVICES AND/OR LAW ENFORCEMENT.
3. APPLICATION OF TRANSACTION HOLD. (A) IF A BROKER-DEALER, INVEST-
MENT ADVISER, OR QUALIFIED INDIVIDUAL REASONABLY BELIEVES THAT FINANCIAL
EXPLOITATION OF AN ELIGIBLE ADULT MAY HAVE OCCURRED, MAY HAVE BEEN
ATTEMPTED, OR IS BEING ATTEMPTED, THEN SUCH BROKER-DEALER, INVESTMENT
ADVISER, OR QUALIFIED INDIVIDUAL MAY PLACE A TRANSACTION HOLD ON SUCH
TRANSACTION.
(B) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL SHALL
HOLD A TRANSACTION IF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
AGENCY NOTIFIES SUCH BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED
INDIVIDUAL THAT IT REASONABLY BELIEVES THAT THE TRANSACTION IS THE
SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT.
(C) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL THAT
APPLIES A TRANSACTION HOLD SHALL: (I) PROVIDE NOTICE OF SUCH HOLD, IN
WRITING, TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT
THAT IS THE SUBJECT OF A TRANSACTION HOLD, AS WELL AS ANY DESIGNATED
THIRD PARTY, NO LATER THAN TWO BUSINESS DAY AFTER THE APPLICATION OF THE
TRANSACTION HOLD; (II) IF THE TRANSACTION HOLD HAS BEEN APPLIED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, NO LATER THAN TWO BUSINESS DAYS
AFTER APPLICATION OF THE TRANSACTION HOLD, NOTIFY ADULT PROTECTIVE
SERVICES AND/OR A LAW ENFORCEMENT AGENCY OF THE BELIEF OF FINANCIAL
EXPLOITATION AND THE TRANSACTION HOLD; AND (III) AT THE REQUEST OF ADULT
PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY, PROVIDE ANY INFORMATION
S. 3008 86 A. 3008
AND DOCUMENTS RELATING TO THE TRANSACTION HOLD WITHIN THREE BUSINESS
DAYS AFTER THE REQUEST FOR SUCH INFORMATION OR DOCUMENTS.
4. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD MAY BE EXTENDED FOR UP TO FORTY ADDITIONAL BUSINESS DAYS IF
THERE IS A CONTINUED REASONABLE BELIEF OF EXPLOITATION, UNLESS SOONER
TERMINATED OR FURTHER EXTENDED BY ADULT PROTECTIVE SERVICES, LAW
ENFORCEMENT, ANY AGENCY OF COMPETENT JURISDICTION OR A COURT OF COMPE-
TENT JURISDICTION; (II) IF A BROKER-DEALER, INVESTMENT ADVISER, OR QUAL-
IFIED INDIVIDUAL NO LONGER REASONABLY BELIEVES THAT A TRANSACTION IS THE
SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION, IT SHALL RELEASE SUCH
TRANSACTION, PROVIDED THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCE-
MENT AGENCY THAT THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED
INDIVIDUAL HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION DOES NOT OBJECT.
5. RECORDS. A BROKER-DEALER OR INVESTMENT ADVISER SHALL PROVIDE ACCESS
TO OR COPIES OF RECORDS THAT ARE RELEVANT TO THE SUSPECTED OR ATTEMPTED
FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTECTIVE
SERVICES, AN AGENCY OF COMPETENT JURISDICTION, AND LAW ENFORCEMENT,
EITHER AS PART OF A NOTIFICATION OR AT THE REQUEST OF ADULT PROTECTIVE
SERVICES, A LAW ENFORCEMENT AGENCY, OR AN AGENCY OF COMPETENT JURISDIC-
TION. ALL RECORDS MADE AVAILABLE TO ADULT PROTECTIVE SERVICES, AN AGENCY
OF COMPETENT JURISDICTION, OR LAW ENFORCEMENT SHALL BE CONSIDERED CONFI-
DENTIAL RECORDS AND SHALL NOT BE AVAILABLE FOR EXAMINATION BY THE
PUBLIC.
6. TRAININGS AND WRITTEN PROCEDURES. BEFORE PLACING A DELAY ON A
DISBURSEMENT OR TRANSACTION PURSUANT TO THIS SECTION, A BROKER-DEALER,
INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MUST DO ALL OF THE FOLLOW-
ING: (A) DEVELOP TRAINING POLICIES OR PROGRAMS REASONABLY DESIGNED TO
EDUCATE EMPLOYEES WHO PERFORM OR APPROVE TRANSACTIONS ON BEHALF OF
CUSTOMERS ON ISSUES PERTAINING TO FINANCIAL EXPLOITATION OF SPECIFIED
ADULTS; (B) CONDUCT TRAINING FOR EMPLOYEES DESCRIBED IN PARAGRAPH (A) OF
THIS SUBDIVISION AS SOON AS REASONABLY PRACTICABLE AND MAINTAIN A WRIT-
TEN RECORD OF ALL TRAININGS CONDUCTED. WITH RESPECT TO AN INDIVIDUAL
WHO BEGINS EMPLOYMENT WITH COVERED BROKER-DEALER, INVESTMENT ADVISER, OR
QUALIFIED INDIVIDUAL AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, SUCH
TRAINING MUST BE CONDUCTED WITHIN ONE YEAR AFTER THE DATE ON WHICH THE
INDIVIDUAL BECOMES EMPLOYED BY OR AFFILIATED OR ASSOCIATED WITH THE
COVERED BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL; AND
(C) DEVELOP, MAINTAIN, AND ENFORCE WRITTEN PROCEDURES REGARDING THE
MANNER IN WHICH SUSPECTED FINANCIAL EXPLOITATION IS REVIEWED INTERNALLY,
INCLUDING, IF APPLICABLE, THE MANNER IN WHICH SUSPECTED FINANCIAL
EXPLOITATION IS REQUIRED TO BE REPORTED TO SUPERVISORY PERSONNEL.
7. IMMUNITY. A BROKER-DEALER, INVESTMENT ADVISER, OR A QUALIFIED INDI-
VIDUAL SHALL BE IMMUNE FROM CIVIL AND ADMINISTRATIVE LIABILITY FOR GOOD
FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS SECTION.
8. REGULATIONS. THE ATTORNEY GENERAL MAY PROMULGATE REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING SETTING FORTH FACTORS
THAT A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY
CONSIDER IN DETERMINING WHETHER TO APPLY A TRANSACTION HOLD TO A TRANS-
ACTION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE
FORM AND MANNER OF ANY NOTIFICATION MANDATED BY SUBDIVISION ONE OF THIS
SECTION, AND THE IMPLEMENTATION OF TRAINING PROGRAMS FOR A BROKER-DEAL-
ER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL RELATING TO RECOGNIZING
FINANCIAL EXPLOITATION.
S. 3008 87 A. 3008
9. COMMUNICATION WITH REPORTERS. NOTWITHSTANDING ANY OTHER LAW TO THE
CONTRARY, ADULT PROTECTIVE SERVICES, LAW ENFORCEMENT OR ANY AGENCY OF
COMPETENT JURISDICTION MAY PROVIDE A GENERAL CASE STATUS OR FINAL DISPO-
SITION TO A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
THAT REPORTED SUCH A CASE TO AN AGENCY.
10. ALTERATION OF OBLIGATIONS. ABSENT A REASONABLE BELIEF OF FINAN-
CIAL EXPLOITATION AS PROVIDED IN THIS SECTION, THIS SECTION DOES NOT
OTHERWISE ALTER A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDI-
VIDUAL'S OBLIGATIONS TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON
AN ACCOUNT AND ANY TRUSTED CONTACT NAMED ON SUCH ACCOUNT.
§ 2. The banking law is amended by adding a new section 4-d to read as
follows:
§ 4-D. PROTECTING ELIGIBLE ADULTS FROM FINANCIAL EXPLOITATION. 1.
DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY AGENCY RESPONSIBLE
FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
(B) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
SAVINGS AND LOAN ASSOCIATION, CREDIT UNION OR BRANCH OF A FOREIGN BANK-
ING CORPORATION THAT IS CHARTERED, ORGANIZED OR LICENSED UNDER THE LAWS
OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN THE ORDI-
NARY COURSE OF BUSINESS OFFERS DEPOSIT ACCOUNTS IN THIS STATE.
(C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR OMIS-
SION BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY,
GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO: (A)
OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
(B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
(D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED
BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
AND ANY PROSECUTOR.
(E) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY YEARS OF AGE OR
OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL OR
PHYSICAL IMPAIRMENT, IS UNABLE TO MANAGE THEIR OWN RESOURCES OR PROTECT
THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM OTHERS.
2. APPLICATION OF TRANSACTION HOLD. (A) IF A BANKING INSTITUTION OR
AN EMPLOYEE OF A BANKING INSTITUTION REASONABLY BELIEVES THAT A FINAN-
CIAL EXPLOITATION OF AN ELIGIBLE ADULT MAY HAVE OCCURRED, MAY HAVE BEEN
ATTEMPTED, OR IS BEING ATTEMPTED, THEN THE BANKING INSTITUTION MAY PLACE
A TRANSACTION HOLD ON SUCH TRANSACTION.
(B) A BANKING INSTITUTION SHALL APPLY A TRANSACTION HOLD TO A TRANS-
ACTION IF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY NOTIFIES
THE BANKING INSTITUTION THAT IT REASONABLY BELIEVES THAT THE TRANSACTION
IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE
ADULT.
(C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL: (I)
PROVIDE NOTICE OF SUCH HOLD, IN WRITING, TO ALL PARTIES AUTHORIZED TO
TRANSACT BUSINESS ON THE ACCOUNT THAT IS THE SUBJECT OF A TRANSACTION
HOLD, AS WELL ANY DESIGNATED THIRD PARTY, NO LATER THAN TWO BUSINESS
DAYS AFTER THE APPLICATION OF THE TRANSACTION HOLD; (II) IF THE TRANS-
ACTION HOLD HAS BEEN APPLIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
S. 3008 88 A. 3008
SION, NO LATER THAN TWO BUSINESS DAYS AFTER APPLICATION OF THE TRANS-
ACTION HOLD, NOTIFY ADULT PROTECTIVE SERVICES AND/OR A LAW ENFORCEMENT
AGENCY OF THE BELIEF OF FINANCIAL EXPLOITATION AND THE TRANSACTION HOLD;
AND (III) AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCE-
MENT AGENCY, PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE TRAN-
SACTION HOLD WITHIN THREE BUSINESS DAYS AFTER THE REQUEST FOR SUCH
INFORMATION OR DOCUMENTS.
3. BEFORE PLACING A DELAY ON A DISBURSEMENT OR TRANSACTION PURSUANT
TO THIS SECTION, A FINANCIAL INSTITUTION MUST DO ALL OF THE FOLLOWING:
(A) DEVELOP TRAINING POLICIES OR PROGRAMS REASONABLY DESIGNED TO
EDUCATE EMPLOYEES WHO PERFORM OR APPROVE TRANSACTIONS ON BEHALF OF
CUSTOMERS ON ISSUES PERTAINING TO FINANCIAL EXPLOITATION OF SPECIFIED
ADULTS.
(B) CONDUCT TRAINING FOR EMPLOYEES DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION AS SOON AS REASONABLY PRACTICABLE AND MAINTAIN A WRITTEN
RECORD OF ALL TRAININGS CONDUCTED. WITH RESPECT TO AN INDIVIDUAL WHO
BEGINS EMPLOYMENT WITH A COVERED FINANCIAL INSTITUTION AFTER JULY FIRST,
TWO THOUSAND TWENTY-FOUR, SUCH TRAINING MUST BE CONDUCTED WITHIN ONE
YEAR AFTER THE DATE ON WHICH THE INDIVIDUAL BECOMES EMPLOYED BY OR
AFFILIATED OR ASSOCIATED WITH THE COVERED FINANCIAL INSTITUTION.
(C) DEVELOP, MAINTAIN, AND ENFORCE WRITTEN PROCEDURES REGARDING THE
MANNER IN WHICH SUSPECTED FINANCIAL EXPLOITATION IS REVIEWED INTERNALLY,
INCLUDING, IF APPLICABLE, THE MANNER IN WHICH SUSPECTED FINANCIAL
EXPLOITATION IS REQUIRED TO BE REPORTED TO SUPERVISORY PERSONNEL.
4. NOTIFICATION. IF A BANKING INSTITUTION REASONABLY BELIEVES FINAN-
CIAL EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED,
OR IS BEING ATTEMPTED, THE BANKING INSTITUTION MAY PROMPTLY NOTIFY THE
ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
5. DURATION OF TRANSACTION HOLD. A TRANSACTION HOLD SHALL EXPIRE
FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT THAT (I) A TRANS-
ACTION HOLD MAY BE EXTENDED FOR UP TO FORTY ADDITIONAL BUSINESS DAYS
UPON REQUEST IF THERE IS A CONTINUED REASONABLE BELIEF OF EXPLOITATION,
UNLESS SOONER TERMINATED OR FURTHER EXTENDED BY ADULT PROTECTIVE
SERVICES, LAW ENFORCEMENT, ANY AGENCY OF COMPETENT JURISDICTION OR A
COURT OF COMPETENT JURISDICTION; (II) IF A BANKING INSTITUTION NO LONGER
REASONABLY BELIEVES THAT A TRANSACTION IS THE SUBJECT OF OR RELATED TO
FINANCIAL EXPLOITATION, IT SHALL RELEASE SUCH TRANSACTION, PROVIDED THAT
ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT AGENCY THAT THE BANKING
INSTITUTION HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION DOES NOT OBJECT.
6. RECORDS. A BANKING INSTITUTION SHALL PROVIDE ACCESS TO OR COPIES OF
RECORDS THAT ARE RELEVANT TO THE SUSPECTED OR ATTEMPTED FINANCIAL
EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTECTIVE SERVICES, AN AGEN-
CY OF COMPETENT JURISDICTION, AND LAW ENFORCEMENT, EITHER AS PART OF A
NOTIFICATION OR AT THE REQUEST OF ADULT PROTECTIVE SERVICES, A LAW
ENFORCEMENT AGENCY, OR AN AGENCY OF COMPETENT JURISDICTION. ALL RECORDS
MADE AVAILABLE TO ADULT PROTECTIVE SERVICES, AN AGENCY OF COMPETENT
JURISDICTION, OR LAW ENFORCEMENT SHALL BE CONSIDERED CONFIDENTIAL
RECORDS AND SHALL NOT BE AVAILABLE FOR EXAMINATION BY THE PUBLIC.
7. REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE REGULATIONS TO
EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING SETTING FORTH FACTORS
THAT A BANKING INSTITUTION MAY CONSIDER IN DETERMINING WHETHER TO APPLY
A TRANSACTION HOLD TO A TRANSACTION PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION, THE FORM AND MANNER OF ANY NOTIFICATION
MANDATED BY SUBDIVISION TWO OF THIS SECTION, AND THE IMPLEMENTATION OF
S. 3008 89 A. 3008
TRAINING PROGRAMS FOR BANKING INSTITUTION STAFF RELATING TO RECOGNIZING
FINANCIAL EXPLOITATION.
8. IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING INSTI-
TUTION SHALL BE IMMUNE FROM CIVIL AND ADMINISTRATIVE LIABILITY FOR GOOD
FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS SECTION.
9. COMMUNICATION WITH REPORTERS. NOTWITHSTANDING ANY OTHER LAW TO THE
CONTRARY, ADULT PROTECTIVE SERVICES, LAW ENFORCEMENT OR ANY AGENCY OF
COMPETENT JURISDICTION MAY PROVIDE A GENERAL CASE STATUS OR FINAL DISPO-
SITION TO A BANKING INSTITUTION THAT REPORTED SUCH A CASE TO AN AGENCY.
10. ABSENT A REASONABLE BELIEF OF FINANCIAL EXPLOITATION AS PROVIDED
IN THIS SECTION, THIS SECTION DOES NOT OTHERWISE ALTER A FINANCIAL
INSTITUTION'S OBLIGATIONS TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS
ON AN ACCOUNT AND ANY TRUSTED CONTACT NAMED ON SUCH ACCOUNT.
§ 3. Section 473 of the social services law is amended by adding a new
subdivision 5-a to read as follows:
5-A. WHENEVER A SOCIAL SERVICES OFFICIAL, OR THEIR DESIGNEE AUTHORIZED
OR REQUIRED TO DETERMINE THE NEED FOR, OR TO PROVIDE OR ARRANGE FOR THE
PROVISION OF PROTECTIVE SERVICES TO ADULTS IN ACCORDANCE WITH THE
PROVISIONS OF THIS TITLE HAS A REASON TO BELIEVE THAT FINANCIAL EXPLOI-
TATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR IS
BEING ATTEMPTED, THE SOCIAL SERVICES OFFICIAL OR THEIR DESIGNEE MUST
REPORT THIS INFORMATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AND
NOTIFY ANY BROKER-DEALER, INVESTMENT ADVISER, OR BANKING INSTITUTION
INVOLVED IN THE RELEVANT FINANCIAL TRANSACTIONS OF THE NEED TO HOLD A
TRANSACTION.
§ 4. Paragraph (g) of subdivision 6 of section 473 of the social
services law, as added by chapter 395 of the laws of 1995, is amended to
read as follows:
(g) "Financial exploitation" means:
(I) THE improper use of an adult's funds, property, INCOME or
[resources by another individual, including but not limited to, fraud,
false pretenses, embezzlement, conspiracy, forgery, falsifying records,
coerced property transfers or denial of access to assets] ASSETS; OR
(II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE USE OF A
POWER OF ATTORNEY, GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN
ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS
OR UNDUE INFLUENCE OVER THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY;
OR (B) CONVERT THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART BB
Section 1. The section heading of section 3457 of the insurance law,
as amended by chapter 85 of the laws of 2021, is amended to read as
follows:
Group insurance policies for [certain] INSURING for hire motor vehi-
cles.
§ 2. Paragraph 2 of subsection (a) of section 3457 of the insurance
law, as amended by chapter 85 of the laws of 2021, is amended to read as
follows:
(2) "For hire motor vehicle" or "vehicle" means a motor vehicle
engaged in the business of carrying or transporting passengers for
hire[, having a seating capacity of not less than eight passengers,
excluding the driver].
§ 3. This act shall take effect immediately.
S. 3008 90 A. 3008
PART CC
Section 1. Paragraph 2 of subsection (b) of section 2305 of the insur-
ance law, as amended by chapter 129 of the laws of 2022, is amended to
read as follows:
(2) motor vehicle insurance, or surety bonds, required by section
three hundred seventy of the vehicle and traffic law [or], EXCEPT AS
PROVIDED IN SECTION TWO THOUSAND THREE HUNDRED TWENTY-EIGHT OF THIS
ARTICLE, article forty-four-B of the vehicle and traffic law, or article
forty of the general business law;
§ 2. Section 2328 of the insurance law, as amended by section 1 of
part NN of chapter 58 of the laws of 2024, is amended to read as
follows:
§ 2328. [Certain] FOR HIRE motor vehicle insurance rates[; prior
approval. No changes in rates, rating plans, rating rules and rate manu-
als applicable to motor vehicle insurance, including no-fault coverages
under article fifty-one of this chapter, shall be made effective until
approved by the superintendent, notwithstanding any inconsistent
provisions of this article]. (A) OVERALL AVERAGE (FOR ALL COVERAGES
COMBINED) RATE LEVEL INCREASES ABOVE AN INSURER'S RATES IN EFFECT THAT
ARE UP TO A PERCENTAGE SPECIFIED IN A REGULATION PROMULGATED BY THE
SUPERINTENDENT BUT NOT TO EXCEED FIVE PERCENT, MAY TAKE EFFECT WITHOUT
THE SUPERINTENDENT'S PRIOR APPROVAL. AN INSURER SHALL NOT IMPLEMENT MORE
THAN TWO RATE INCREASES PURSUANT TO THIS SECTION, THE TOTAL OF WHICH
SHALL NOT EXCEED THE LIMITATION SPECIFIED IN A REGULATION, DURING ANY
TWELVE-MONTH PERIOD. AN INSURER ALSO SHALL NOT IMPLEMENT A RATE INCREASE
WITHIN THE LIMITATION SPECIFIED IN A REGULATION UNTIL THE ONSET OF THE
NEW POLICY PERIOD.
(B) This section shall apply only to policies covering losses or
liabilities arising out of ownership of a motor vehicle used principally
for the transportation of persons for hire, [including] OTHER THAN a bus
or a school bus as defined in sections one hundred four and one hundred
forty-two of the vehicle and traffic law.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART DD
Section 1. Section 2328 of the insurance law, as amended by section 1
of part NN of chapter 58 of the laws of 2024, is amended to read as
follows:
§ 2328. [Certain] FOR HIRE motor vehicle insurance rates[; prior
approval]. (A) AN INSURER SHALL SUBMIT TO THE SUPERINTENDENT, FOR THE
SUPERINTENDENT'S PRIOR APPROVAL, ITS RATES, RATING PLANS, RATING RULES,
AND RATE MANUALS APPLICABLE TO MOTOR VEHICLE INSURANCE, INCLUDING
NO-FAULT COVERAGES UNDER ARTICLE FIFTY-ONE OF THIS CHAPTER, BY AUGUST
FIRST, TWO THOUSAND TWENTY-FIVE AND AT LEAST EVERY THREE YEARS THEREAFT-
ER, UNLESS THE SUPERINTENDENT REQUESTS THE RATES, RATING PLANS, RATING
RULES, OR RATING MANUALS MORE FREQUENTLY. FOR RATES SUBMITTED ON OR
BEFORE AUGUST FIRST, TWO THOUSAND TWENTY-FIVE, THE SUPERINTENDENT MAY
APPROVE THE PHASING IN OF RATES THAT MEET THE STANDARDS SET FORTH IN
SECTION TWO THOUSAND THREE HUNDRED THREE OF THIS ARTICLE IF THE SUPER-
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INTENDENT DETERMINES THAT IT WOULD BE IN THE BEST INTERESTS OF THE
PEOPLE OF THIS STATE.
(B) No changes in rates, rating plans, rating rules and rate manuals
applicable to motor vehicle insurance, including no-fault coverages
under article fifty-one of this chapter, shall be made effective until
approved by the superintendent, notwithstanding any inconsistent
provisions of this article.
(C) This section shall apply only to policies covering losses or
liabilities arising out of ownership of a motor vehicle used principally
for the transportation of persons for hire, [including] OTHER THAN a bus
or a school bus as defined in sections one hundred four and one hundred
forty-two of the vehicle and traffic law.
§ 2. This act shall take effect immediately.
PART EE
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part Z of chapter 58 of the
laws of 2024, 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, [2025] 2028.
§ 2. This act shall take effect immediately.
PART FF
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part AA of chapter 58 of the laws of 2024, 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, [2025] 2028, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately.
PART GG
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 LL of chapter 58 of the laws
of 2023, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2025] 2027.
§ 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
S. 3008 92 A. 3008
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, 2025.
PART HH
Section 1. Short title. This act shall be known and may be cited as
the "private activity bond allocation act of 2025".
§ 2. Legislative findings and declaration. The legislature hereby
finds and declares that the federal tax reform act of 1986 established a
statewide bond volume ceiling on the issuance of certain tax exempt
private activity bonds and notes and, under certain circumstances,
governmental use bonds and notes issued by the state and its public
authorities, local governments, agencies which issue on behalf of local
governments, and certain other issuers. The federal tax reform act
establishes a formula for the allocation of the bond volume ceiling
which was subject to temporary modification by gubernatorial executive
order until December 31, 1987. That act also permits state legislatures
to establish, by statute, an alternative formula for allocating the
volume ceiling. Bonds and notes subject to the volume ceiling require an
allocation from the state's annual volume ceiling in order to qualify
for federal tax exemption.
It is hereby declared to be the policy of the state to maximize the
public benefit through the issuance of private activity bonds for the
purposes of, among other things, allocating a fair share of the bond
volume ceiling upon initial allocation and from a bond reserve to local
agencies and for needs identified by local governments; providing hous-
ing and promoting economic development; job creation; an economical
energy supply; and resource recovery and to provide for an orderly and
efficient volume ceiling allocation process for state and local agencies
by establishing an alternative formula for making such allocations.
§ 3. Definitions. As used in this act, unless the context requires
otherwise:
1. "Bonds" means bonds, notes or other obligations.
2. "Carryforward" means an amount of unused private activity bond
ceiling available to an issuer pursuant to an election filed with the
internal revenue service pursuant to section 146(f) of the code.
3. "Code" means the internal revenue code of 1986, as amended.
4. "Commissioner" means the commissioner of the New York state depart-
ment of economic development.
5. "Covered bonds" means those tax exempt private activity bonds and
that portion of the non-qualified amount of an issue of governmental use
bonds for which an allocation of the statewide ceiling is required for
the interest earned by holders of such bonds to be excluded from the
gross income of such holders for federal income tax purposes under the
code.
S. 3008 93 A. 3008
6. "Director" means the director of the New York state division of the
budget.
7. "Issuer" means a local agency, state agency or other issuer.
8. "Local agency" means an industrial development agency established
or operating pursuant to article 18-A of the general municipal law, the
Troy industrial development authority and the Auburn industrial develop-
ment authority.
9. "Other issuer" means any agency, political subdivision or other
entity, other than a local agency or state agency, that is authorized to
issue covered bonds.
10. "Qualified small issue bonds" means qualified small issue bonds,
as defined in section 144(a) of the code.
11. "State agency" means the state of New York, the New York state
energy research and development authority, the New York job development
authority, the New York state environmental facilities corporation, the
New York state urban development corporation and its subsidiaries, the
Battery Park city authority, the port authority of New York and New
Jersey, the power authority of the state of New York, the dormitory
authority of the state of New York, the New York state housing finance
agency, the state of New York mortgage agency, and any other public
benefit corporation or public authority designated by the governor for
the purposes of this act.
12. "Statewide ceiling" means for any calendar year the highest state
ceiling (as such term is used in section 146 of the code) applicable to
New York state.
13. "Future allocations" means allocations of statewide ceiling for up
to two future years.
14. "Multi-year housing development project" means a project (a) which
qualifies for covered bonds; (b) which is to be constructed over two or
more years and (c) in which at least twenty percent of the dwelling
units will be occupied by persons and families of low income.
§ 4. Local agency set-aside. A set-aside of statewide ceiling for
local agencies for any calendar year shall be an amount which bears the
same ratio to one-third of the statewide ceiling as the population of
the jurisdiction of such local agency bears to the population of the
entire state. The commissioner shall administer allocations of such
set-aside to local agencies.
§ 5. State agency set-aside. A set-aside of statewide ceiling for all
state agencies for any calendar year shall be one-third of the statewide
ceiling. The director shall administer allocations of such set-aside to
state agencies and may grant an allocation to any state agency upon
receipt of an application in such form as the director shall require.
§ 6. Statewide bond reserve. One-third of the statewide ceiling is
hereby set aside as a statewide bond reserve to be administered by the
director.
1. Allocation of the statewide bond reserve among state agencies,
local agencies and other issuers. The director shall transfer a portion
of the statewide bond reserve to the commissioner for allocation to and
use by local agencies and other issuers in accordance with the terms of
this section. The remainder of the statewide bond reserve may be allo-
cated by the director to state agencies in accordance with the terms of
this section.
2. Allocation of statewide bond reserve to local agencies or other
issuers.
S. 3008 94 A. 3008
(a) Local agencies or other issuers may at any time apply to the
commissioner for an allocation from the statewide bond reserve. Such
application shall demonstrate:
(i) that the requested allocation is required under the code for the
interest earned on the bonds to be excluded from the gross income of
bondholders for federal income tax purposes;
(ii) that the local agency's remaining unused allocation provided
pursuant to section four of this act, and other issuer's remaining
unused allocation, or any available carryforward will be insufficient
for the specific project or projects for which the reserve allocation is
requested; and
(iii) that, except for those allocations made pursuant to section
thirteen of this act to enable carryforward elections, the requested
allocation is reasonably expected to be used during the calendar year,
and the requested future allocation is reasonably expected to be used in
the calendar year to which the future allocation relates.
(b) In reviewing and approving or disapproving applications, the
commissioner shall exercise discretion to ensure an equitable distrib-
ution of allocations from the statewide bond reserve to local agencies
and other issuers. Prior to making a determination on such applications,
the commissioner shall notify and seek the recommendation of the presi-
dent and chief executive officer of the New York state housing finance
agency in the case of an application related to the issuance of multi-
family housing or mortgage revenue bonds, and in the case of other
requests, such state officers, departments, divisions and agencies as
the commissioner deems appropriate.
(c) Applications for allocations shall be made in such form and
contain such information and reports as the commissioner shall require.
(d) On or before September fifteenth of each year, the commissioner
shall publish the total amount of local agency set-aside that has been
recaptured pursuant to section twelve of this act for that year on the
department of economic development's website.
3. Allocation of statewide bond reserve to state agencies. The direc-
tor may make an allocation from the statewide bond reserve to any state
agency. Before making any allocation of statewide bond reserve to state
agencies the director shall be satisfied:
(a) that the allocation is required under the code for the interest
earned on the bonds to be excluded from the gross income of bondholders
for federal income tax purposes;
(b) that the state agency's remaining unused allocation provided
pursuant to section five of this act or any available carryforward will
be insufficient to accommodate the specific bond issue or issues for
which the reserve allocation is requested; and
(c) that, except for those allocations made pursuant to section thir-
teen of this act to enable carryforward elections, the requested allo-
cation is reasonably expected to be used during the calendar year, and
the requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
§ 7. Access to employment opportunities. 1. All issuers shall require
that any new employment opportunities created in connection with indus-
trial or manufacturing projects financed through the issuance of quali-
fied small issue bonds shall be listed with the New York state depart-
ment of labor and with the one-stop career center established pursuant
to the federal Workforce Innovation and Opportunity Act (Pub. L. No.
113-128) serving the locality in which the employment opportunities are
being created. Such listing shall be in a manner and form prescribed by
S. 3008 95 A. 3008
the commissioner. All issuers shall further require that for any new
employment opportunities created in connection with an industrial or
manufacturing project financed through the issuance of qualified small
issue bonds by such issuer, industrial or manufacturing firms shall
first consider persons eligible to participate in the Workforce Inno-
vation and Opportunity Act (Pub. L. No. 113-128) programs who shall be
referred to the industrial or manufacturing firm by one-stop centers in
local workforce investment areas or by the department of labor. Issuers
of qualified small issue bonds are required to monitor compliance with
the provisions of this section as prescribed by the commissioner.
2. Nothing in this section shall be construed to require users of
qualified small issue bonds to violate any existing collective bargain-
ing agreement with respect to the hiring of new employees. Failure on
the part of any user of qualified small issue bonds to comply with the
requirements of this section shall not affect the allocation of bonding
authority to the issuer of the bonds or the validity or tax exempt
status of such bonds.
§ 8. Overlapping jurisdictions. In a geographic area represented by a
county local agency and one or more sub-county local agencies, the allo-
cation granted by section four of this act with respect to such area of
overlapping jurisdiction shall be apportioned one-half to the county
local agency and one-half to the sub-county local agency or agencies.
Where there is a local agency for the benefit of a village within the
geographic area of a town for the benefit of which there is a local
agency, the allocation of the village local agency shall be based on the
population of the geographic area of the village, and the allocation of
the town local agency shall be based upon the population of the
geographic area of the town outside of the village. Notwithstanding the
foregoing, a local agency may surrender all or part of its allocation
for such calendar year to another local agency with an overlapping
jurisdiction. Such surrender shall be made at such time and in such
manner as the commissioner shall prescribe.
§ 9. Ineligible local agencies. To the extent that any allocation of
the local agency set-aside would be made by this act to a local agency
which is ineligible to receive such allocation under the code or under
regulations interpreting the state volume ceiling provisions of the
code, such allocation shall instead be made to the political subdivision
for whose benefit that local agency was created.
§ 10. Municipal reallocation. The chief executive officer of any poli-
tical subdivision or, if such political subdivision has no chief execu-
tive officer, the governing board of the political subdivision for the
benefit of which a local agency has been established, may withdraw all
or any portion of the allocation granted by section four of this act to
such local agency. The political subdivision may then reallocate all or
any portion of such allocation, as well as all or any portion of the
allocation received pursuant to section nine of this act, to itself or
any other issuer established for the benefit of that political subdivi-
sion or may assign all or any portion of the allocation received pursu-
ant to section nine of this act to the local agency created for its
benefit. The chief executive officer or governing board of the political
subdivision, as the case may be, shall notify the commissioner of any
such reallocation.
§ 11. Future allocations for multi-year housing development projects.
1. In addition to other powers granted under this act, the commissioner
is authorized to make the following future allocations of statewide
ceiling for any multi-year housing development project for which the
S. 3008 96 A. 3008
commissioner also makes an allocation of statewide ceiling for the
current year under this act or for which, in the event of expiration of
provisions of this act described in section eighteen of this act, an
allocation of volume cap for a calendar year subsequent to such expira-
tion shall have been made under section 146 of the code: (a) to local
agencies from the local agency set-aside (but only with the approval of
the chief executive officer of the political subdivision to which the
local agency set-aside relates or the governing body of a political
subdivision having no chief executive officer) and (b) to other issuers
from that portion, if any, of the statewide bond reserve transferred to
the commissioner by the director. Any future allocation made by the
commissioner shall constitute an allocation of statewide ceiling for the
future year specified by the commissioner and shall be deemed to have
been made on the first day of the future year so specified.
2. In addition to other powers granted under this act, the director is
authorized to make future allocations of statewide ceiling from the
state agency set-aside or from the statewide bond reserve to state agen-
cies for any multi-year housing development project for which the direc-
tor also makes an allocation of statewide ceiling from the current year
under this act or for which, in the event of expiration of provisions of
this act described in section eighteen of this act, an allocation of
volume cap for a calendar year subsequent to such expiration shall have
been made under section 146 of the code, and is authorized to make
transfers of the statewide bond reserve to the commissioner for future
allocations to other issuers for multi-year housing development projects
for which the commissioner has made an allocation of statewide ceiling
for the current year. Any such future allocation or transfer of the
statewide bond reserve for future allocation made by the director shall
constitute an allocation of statewide ceiling or transfer of the state-
wide bond reserve for the future years specified by the director and
shall be deemed to have been made on the first day of the future year so
specified.
3. (a) If an allocation made with respect to a multi-year housing
development project is not used by September fifteenth of the year to
which the allocation relates, the allocation with respect to the then
current year shall be subject to recapture in accordance with the
provisions of section twelve of this act, and in the event of such a
recapture, unless a carryforward election by another issuer shall have
been approved by the commissioner or a carryforward election by a state
agency shall have been approved by the director, all future allocations
made with respect to such project pursuant to subdivision one or two of
this section shall be canceled.
(b) The commissioner and the director shall have the authority to make
future allocations from recaptured current year allocations and canceled
future allocations to multi-year housing development projects in a
manner consistent with the provisions of this act. Any such future allo-
cation shall, unless a carryforward election by another issuer shall
have been approved by the commissioner or a carryforward election by a
state agency shall have been approved by the director, be canceled if
the current year allocation for the project is not used by December 31,
2026.
(c) The commissioner and the director shall establish procedures
consistent with the provisions of this act relating to carryforward of
future allocations.
S. 3008 97 A. 3008
4. The aggregate future allocations from either of the two succeeding
years shall not exceed six hundred fifty million dollars for each such
year.
§ 12. Year end allocation recapture. On or before September first of
each year, each state agency shall report to the director and each local
agency and each other issuer shall report to the commissioner the amount
of bonds subject to allocation under this act that will be issued prior
to the end of the then current calendar year, and the amount of the
issuer's then total allocation that will remain unused. As of September
fifteenth of each year, the unused portion of each local agency's and
other issuer's then total allocation as reported and the unallocated
portion of the set-aside for state agencies shall be recaptured and
added to the statewide bond reserve and shall no longer be available to
covered bond issuers except as otherwise provided herein. From September
fifteenth through the end of the year, each local agency or other issuer
having an allocation shall immediately report to the commissioner and
each state agency having an allocation shall immediately report to the
director any changes to the status of its allocation or the status of
projects for which allocations have been made which should affect the
timing or likelihood of the issuance of covered bonds therefor. If the
commissioner determines that a local agency or other issuer has overes-
timated the amount of covered bonds subject to allocation that will be
issued prior to the end of the calendar year, the commissioner may
recapture the amount of the allocation to such local agency or other
issuer represented by such overestimation by notice to the local agency
or other issuer, and add such allocation to the statewide bond reserve.
The director may likewise make such determination and recapture with
respect to state agency allocations.
§ 13. Allocation carryforward. 1. No local agency or other issuer
shall make a carryforward election utilizing any unused allocation
(pursuant to section 146(f) of the code) without the prior approval of
the commissioner. Likewise no state agency shall make or file such an
election, or elect to issue or carryforward mortgage credit certif-
icates, without the prior approval of the director.
2. On or before November fifteenth of each year, each state agency
seeking unused statewide ceiling for use in future years shall make a
request for an allocation for a carryforward to the director, whose
approval shall be required before a carryforward election is filed by or
on behalf of any state agency. A later request may also be considered by
the director, who may file a carryforward election for any state agency
with the consent of such agency.
3. On or before November fifteenth of each year, each local agency or
other issuer seeking unused statewide ceiling for use in future years
shall make a request for an allocation for a carryforward to the commis-
sioner, whose approval shall be required before a carryforward election
is filed by or on behalf of any local or other agency. A later request
may also be considered by the commissioner.
4. On or before January fifteenth of each year, the director shall
publish the total amount of unused statewide ceiling from the prior year
on the division of budget's website.
§ 14. New York state bond allocation policy advisory panel. 1. There
is hereby created a policy advisory panel and process to provide policy
advice regarding the priorities for distribution of the statewide ceil-
ing.
2. The panel shall consist of five members, one designee being
appointed by each of the following: the governor, the temporary presi-
S. 3008 98 A. 3008
dent of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly. The designee of the
governor shall chair the panel. The panel shall monitor the allocation
process through the year, and in that regard, the division of the budget
and the department of economic development shall assist and cooperate
with the panel as provided in this section. The advisory process shall
operate through the issuance of advisory opinions by members of the
panel as provided in subdivisions six and seven of this section. A meet-
ing may be held at the call of the chair with the unanimous consent of
the members.
3. (a) Upon receipt of a request for allocation or a request for
approval of a carryforward election from the statewide reserve from a
local agency or other issuer, the commissioner shall, within five work-
ing days, notify the panel of such request and provide the panel with
copies of all application materials submitted by the applicant.
(b) Upon receipt of a request for allocation or a request for approval
of carryforward election from the statewide reserve from a state agency,
the director shall, within five working days, notify the panel of such
request and provide the panel with copies of all application materials
submitted by the applicant.
4. (a) Following receipt of a request for allocation from a local
agency or other issuer, the commissioner shall notify the panel of a
decision to approve or exclude from further consideration such request,
and the commissioner shall state the reasons. Such notification shall be
made with or after the transmittal of the information specified in
subdivision three of this section and at least five working days before
formal notification is made to the applicant.
(b) Following receipt of a request for allocation from a state agency,
the director shall notify the panel of a decision to approve or exclude
from further consideration such request, and shall state the reasons.
Such notification shall be made with or after the transmission of the
information specified in subdivision three of this section and at least
five working days before formal notification is made to the state agen-
cy.
5. The requirements of subdivisions three and four of this section
shall not apply to adjustments to allocations due to bond sizing chang-
es.
6. In the event that any decision to approve or to exclude from
further consideration a request for allocation is made within ten work-
ing days of the end of the calendar year and in the case of all requests
for consent to a carryforward election, the commissioner or director, as
is appropriate, shall provide the panel with the longest possible
advance notification of the action, consistent with the requirements of
the code, and shall, wherever possible, solicit the opinions of the
members of the panel before formally notifying any applicant of the
action. Such notification may be made by means of telephone communi-
cation to the members or by written notice delivered to the Albany
office of the appointing authority of the respective members.
7. Upon notification by the director or the commissioner, any member
of the panel may, within five working days, notify the commissioner or
the director of any policy objection concerning the expected action. If
three or more members of the panel shall submit policy objections in
writing to the intended action, the commissioner or the director shall
respond in writing to the objection prior to taking the intended action
unless exigent circumstances make it necessary to respond after the
action has been taken.
S. 3008 99 A. 3008
8. On or before the first day of July, in any year, the director shall
report to the members of the New York state bond allocation policy advi-
sory panel on the actual utilization of volume cap for the issuance of
bonds during the prior calendar year and the amount of such cap allo-
cated for carryforwards for future bond issuance. The report shall
include, for each local agency or other issuer and each state agency the
initial allocation, the amount of bonds issued subject to the allo-
cation, the amount of the issuer's allocation that remained unused, the
allocation of the statewide bond reserve, carryforward allocations and
recapture of allocations. Further, the report shall include projections
regarding private activity bond issuance for state and local issuers for
the calendar year, as well as any recommendations for legislative
action. The director shall publish the report on the division of budg-
et's website concurrently with the release of the report to the panel.
§ 15. Severability. If any clause, sentence, paragraph, section, or
item of this part shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section, or item thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 16. Notwithstanding any provisions of this act to the contrary (1)
provided that a local agency or other issuer certifies to the commis-
sioner on or before October 1, 2025 that it has issued private activity
bonds described in this act and the amount thereof which used statewide
ceiling, a commitment or allocation of statewide ceiling to a local
agency or other issuer made to or so used by such local agency or other
issuer pursuant to the federal tax reform act of 1986 on or after Janu-
ary 1, 2025 and prior to the effective date of this act, in an amount
which exceeds the local agency set-aside established by section four of
this act, shall be first chargeable to the statewide bond reserve estab-
lished pursuant to section six of this act, and (2) a commitment or
allocation of statewide ceiling to a state agency made to or used by
such agency pursuant to the internal revenue code, as amended, on or
after January 1, 2025 and prior to the effective date of this act, shall
be first chargeable to the state agency set-aside established pursuant
to section five of this act, and, thereafter, to the statewide bond
reserve established by section six of this act.
§ 17. Nothing contained in this act shall be deemed to supersede,
alter or impair any allocation used by or committed by the director or
commissioner to a state or local agency or other issuer pursuant to the
federal tax reform act of 1986 and prior to the effective date of this
act.
§ 18. This act shall take effect immediately; provided, however, that
sections three, four, five, six, seven, eight, nine, ten, twelve, thir-
teen and fourteen of this act shall expire July 1, 2028 when upon such
date the provisions of such sections shall be deemed repealed; except
that the provisions of subdivisions two and three of section thirteen of
this act shall expire and be deemed repealed February 15, 2028.
PART II
Section 1. Subdivision 32 of section 1676 of the public authorities
law, as added by chapter 672 of the laws of 1993, is amended to read as
follows:
S. 3008 100 A. 3008
32. The term "public library" shall mean [those libraries set forth in
section five of the chapter of the laws of nineteen hundred ninety-three
which added this subdivision, as defined as] ANY LIBRARY CHARTERED BY
THE STATE BOARD OF REGENTS, CREATED BY AN ACT OF THE LEGISLATURE, OR
INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW CONSTITUTING a
public library [or as], an association library [pursuant to] OR A FREE
LIBRARY AS DEFINED IN section two hundred fifty-three of the education
law.
§ 2. This act shall not affect the status as a "public library" for
purposes of title 4 of article 8 of the public authorities law of those
libraries set forth in section 5 of chapter 672 of the laws of 1993, as
amended from time to time prior to the effective date of this act, nor
shall this act impair the validity of bonds heretofore issued by the
dormitory authority for the benefit of any such library.
§ 3. This act shall take effect immediately.
PART JJ
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 COUNTY, CITY, TOWN, AND VILLAGE, FOR THE CONSTRUCTION, RECON-
STRUCTION, DEVELOPMENT, IMPROVEMENT, EXPANSION AND/OR EQUIPPING OF A
FACILITY OR FACILITIES AND NECESSARY ANCILLARY AND RELATED FACILITIES;
PROVIDED, HOWEVER, THAT ANY ALTERNATIVE DELIVERY AUTHORIZATION DERIVED
PURSUANT TO THE INFRASTRUCTURE INVESTMENT ACT, PART F OF CHAPTER 60 OF
THE LAWS OF 2015, AS AMENDED BY PART DD OF CHAPTER 58 THE LAWS OF 2020,
SHALL NOT BE APPLICABLE TO ANY PROJECT UNDERTAKEN BY THE AUTHORITY ON
BEHALF OF ANY COUNTY, CITY, TOWN, AND VILLAGE PURSUANT TO THIS SECTION
AND FURTHER PROVIDING THAT NOTHING IN THIS SECTION SHALL RESULT IN THE:
(1) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION
(INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF
NON-OVERTIME WORK, WAGES OR EMPLOYMENT BENEFITS), OR RESULT IN THE
IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS; AND (2) TRANS-
FER OF EXISTING DUTIES AND FUNCTIONS CURRENTLY PERFORMED BY EXISTING
PUBLIC EMPLOYEES FOR A PUBLIC EMPLOYER THAT BECOMES ELIGIBLE TO UTILIZE
THE DORMITORY AUTHORITY PURSUANT TO THIS SECTION.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY COUNTY, CITY, TOWN, AND VILLAGE, FOR THE CONSTRUCTION, RECON-
STRUCTION, DEVELOPMENT, IMPROVEMENT, EXPANSION AND/OR EQUIPPING OF A
FACILITY OR FACILITIES AND NECESSARY ANCILLARY AND RELATED FACILITIES;
PROVIDED, HOWEVER, THAT ANY ALTERNATIVE DELIVERY AUTHORIZATION DERIVED
PURSUANT TO THE INFRASTRUCTURE INVESTMENT ACT, PART F OF CHAPTER 60 OF
THE LAWS OF 2015, AS AMENDED BY PART DD OF CHAPTER 58 THE LAWS OF 2020
SHALL NOT BE APPLICABLE TO ANY PROJECT UNDERTAKEN BY THE AUTHORITY ON
BEHALF OF ANY COUNTY, CITY, TOWN, AND VILLAGE PURSUANT TO THIS SECTION
AND THAT NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING PARTIAL
DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK,
WAGES OR EMPLOYMENT BENEFITS), OR RESULT IN THE IMPAIRMENT OF EXISTING
COLLECTIVE BARGAINING AGREEMENTS; AND (2) TRANSFER OF EXISTING DUTIES
AND FUNCTIONS CURRENTLY PERFORMED BY EXISTING PUBLIC EMPLOYEES FOR A
PUBLIC EMPLOYER THAT BECOMES ELIGIBLE TO UTILIZE THE DORMITORY AUTHORITY
PURSUANT TO THIS SECTION.
S. 3008 101 A. 3008
§ 3. Subdivision 26 of section 1678 of the public authorities law, as
added by section 1 of part BB of chapter 58 of the laws of 2012, is
amended to read as follows:
26. To enter into a design and construction management agreement OR
OTHER AGREEMENTS with the department of environmental conservation,
PURSUANT TO WHICH ONE OR MORE GRANTS MAY BE ADMINISTERED OR pursuant to
which one or more facilities are to be designed, constructed, recon-
structed, rehabilitated, improved, furnished or equipped for such
department. Any such design and construction management agreement OR
OTHER AGREEMENTS entered into pursuant to this subdivision shall provide
for the following: the scope of design and construction management
services OR OTHER SERVICES to be provided by the authority, the manner
in which those services will be provided, the fees to be charged by the
authority and the sources of funds for the projects. No design-build
contract as defined in chapter fifty-six of the laws of two thousand
eleven shall be awarded pursuant to this subdivision.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to subdivision 26 of section 1678 of the public authori-
ties law made by section three of this act shall not affect the expira-
tion and repeal of such section and shall be deemed repealed therewith.
PART KK
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
other laws relating to the New York state infrastructure trust fund, as
amended by section 1 of part Y of chapter 58 of the laws of 2024, is
amended to read as follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on July first, two thousand [twen-
ty-five] TWENTY-SEVEN, except that:
§ 2. This act shall take effect immediately.
PART LL
Section 1. Section 214 of the state finance law, as amended by section
1 of part P of chapter 59 of the laws of 2007, is amended to read as
follows:
§ 214. Establishment and purpose; linked deposit program authori-
zation. The excelsior linked deposit program is hereby created. The
purpose of the program is to encourage and assist eligible businesses
within the state to undertake eligible projects that will materially
contribute to improving their performance and competitiveness. The comp-
troller is hereby authorized to use any moneys of the state the comp-
troller is authorized to invest pursuant to section ninety-eight-a of
this chapter as linked deposits for the program. Not more than [four
hundred sixty million] ONE BILLION dollars of such moneys shall be on
deposit pursuant to the program at any given time. The commissioner of
taxation and finance is hereby authorized to use funds in the linked
deposit program fund established pursuant to section ninety-two-v of
this chapter as linked deposits for the program. [Not more than one
hundred million dollars from the linked deposit program fund shall be on
deposit pursuant to the program at any given time.]
§ 2. This act shall take effect immediately.
PART MM
S. 3008 102 A. 3008
Section 1. Paragraph (d) of subdivision 6 of section 163 of the state
finance law, as amended by chapter 110 of the laws of 2024, is amended
to read as follows:
(d) state agencies may purchase commodities or services from those
certified pursuant to article fifteen-A of the executive law and article
three of the veterans' services law in an amount not exceeding [seven]
ONE MILLION FIVE hundred [fifty] thousand dollars without a formal
competitive process; and
§ 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 96 of the laws
of 2019, is amended to read as follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition, including, notwithstanding any other
provision of law requiring competition, the purchase of goods or
services from: (A) small business concerns [those certified as minority
or women-owned business enterprises,] or goods or technology that are
recycled or remanufactured, in an amount not to exceed five hundred
thousand dollars without a formal competitive process, AND (B) THOSE
CERTIFIED AS MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES OR SERVICE-
DISABLED VETERAN-OWNED BUSINESSES, IN AN AMOUNT NOT TO EXCEED ONE
MILLION FIVE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROC-
ESS;
§ 3. This act shall take effect immediately.
PART NN
Section 1. Subsections (e) and (g) of section 7002 of the insurance
law, as amended by chapter 193 of the laws of 2022, are amended to read
as follows:
(e) "Industrial insured" means an insured:
(1) whose net worth exceeds one hundred million dollars;
(2) who is a member of a holding company system whose net worth
exceeds one hundred million dollars;
(3) who is the metropolitan transportation authority and its statutory
subsidiaries. When filing an application to form a pure captive insur-
ance company the metropolitan transportation authority shall submit
written notice of such filing to the governor, the temporary president
of the senate and the speaker of the assembly;
(4) who is the power authority of the state of New York and any statu-
tory subsidiary thereof. When filing an application to form a pure
captive insurance company the power authority shall submit written
notice of such filing to the governor, the temporary president of the
senate and the speaker of the assembly; [or]
(5) WHO IS A STATE OR LOCAL AUTHORITY IDENTIFIED IN SECTION TWENTY-
EIGHT HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW AND ESTABLISHED
IN STATUTE, OR ANY STATUTORY SUBSIDIARY THEREOF, AND IS AUTHORIZED BY
STATUTE TO FORM A PURE OR GROUP CAPTIVE INSURANCE COMPANY. WHEN FILING
AN APPLICATION TO FORM EITHER A PURE OR GROUP CAPTIVE INSURANCE COMPANY,
THE STATE OR LOCAL AUTHORITY OR AUTHORITIES SHALL SUBMIT WRITTEN NOTICE
OF SUCH FILING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY; OR
(6) who is a city with a population of one million or more. When
filing an application to form a pure captive insurance company, a city
with a population of one million or more shall submit written notice of
S. 3008 103 A. 3008
such filing to the governor, the temporary president of the senate and
the speaker of the assembly.
(g) "Industrial insured group" means any group of unaffiliated indus-
trial insureds that are engaged in similar or related businesses or
activities OR THAT ARE STATE OR LOCAL AUTHORITIES IDENTIFIED IN SECTION
TWENTY-EIGHT HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW AND ESTAB-
LISHED IN STATUTE, OR ANY SUBSIDIARY OF THE AUTHORITY, PROVIDED, howev-
er, the metropolitan transportation authority, the power authority of
the state of New York and any statutory subsidiary thereof and cities
with a population of one million or more shall not be a member of an
industrial insured group, and that collectively:
(1) own, control or hold with power to vote all of the outstanding
voting shares of stock of a group captive insurance company incorporated
as a stock insurer; or
(2) represent one hundred percent of the voting members of a group
captive insurance company organized as a mutual insurer.
§ 2. Subsection (b) of section 7005 of the insurance law, as added by
section 146 of part A of chapter 389 of the laws of 1997, is amended to
read as follows:
(b) A group captive insurance company may be incorporated:
(1) as a stock insurer with its capital divided into shares and held
by the stockholders[, or];
(2) as a mutual insurer without capital stock, the governing body of
which is elected by the member organizations of the industrial insured
group; OR
(3) IN THE CASE OF A PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, OR
OTHER PUBLIC ENTITY, AS THE APPLICABLE STATE LAW MAY REQUIRE.
§ 3. The public authorities law is amended by adding a new section
2859 to read as follows:
§ 2859. CAPTIVE INSURANCE COMPANY. 1. FORMATION OF A CAPTIVE INSURANCE
COMPANY. THE BATTERY PARK CITY AUTHORITY, NEW YORK CONVENTION CENTER
OPERATING CORPORATION, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, NEW YORK STATE OLYMPIC REGION DEVELOPMENT AUTHORITY, AND
ROOSEVELT ISLAND OPERATING CORPORATION, INDIVIDUALLY OR IN SOME COMBINA-
TION WITH EACH OTHER, MAY ESTABLISH EITHER A PURE OR GROUP CAPTIVE
INSURANCE COMPANY AS PROVIDED IN SECTION SEVEN THOUSAND TWO OF THE
INSURANCE LAW.
2. PURE CAPTIVE. EACH AUTHORITY UNDER THIS SECTION MAY ESTABLISH ITS
OWN SUBSIDIARY CORPORATION FOR THE PURPOSE OF FORMING A PURE CAPTIVE
INSURANCE COMPANY.
3. GROUP CAPTIVE. FOR THE PURPOSES OF FORMING A GROUP CAPTIVE INSUR-
ANCE COMPANY: (A) ANY AUTHORITY UNDER THIS SECTION MAY ESTABLISH A
SUBSIDIARY CORPORATION CONTAINING NO FEWER THAN THREE BOARD MEMBERS; (B)
EACH GROUP CAPTIVE PARTICIPATING AUTHORITY BEING AN EQUAL PART SHARE-
HOLDER IN THE SUBSIDIARY WITH BOARD OF DIRECTORS REPRESENTATION; (C) THE
SHAREHOLDERS SHALL AGREE AMONG THEMSELVES THE TOTAL NUMBER OF BOARD
MEMBERS, THE ALLOCATION OF THOSE SEATS AMONG THE SHAREHOLDERS, AND SUCH
OTHER GOVERNANCE STEPS TO ENSURE THE EFFICIENT OPERATION OF THE SUBSID-
IARY; (D) EACH SHAREHOLDER SHALL SELECT THEIR BOARD REPRESENTATIVE TO
FILL THEIR DESIGNATED SEATS IN THEIR DISCRETION, EXCEPT THAT SUCH MEMBER
MUST BE AN EMPLOYEE OR BOARD MEMBER OF THE SHAREHOLDER; AND (E) ANY
ACTION TAKEN BY THE DIRECTORS OF SUCH SUBSIDIARY SHALL BE TAKEN BY A
MAJORITY VOTE OF SUCH DIRECTORS THEN IN OFFICE.
4. EMPLOYEES. THE EMPLOYEES OF ANY SUCH PURE OR GROUP CAPTIVE INSUR-
ANCE COMPANY, EXCEPT THOSE WHO ARE ALSO EMPLOYEES OF THE MEMBER AUTHORI-
TIES, SHALL NOT BE DEEMED EMPLOYEES OF THE MEMBER AUTHORITIES.
S. 3008 104 A. 3008
§ 4. Subdivision (a) of section 1500 of the tax law, as amended by
chapter 193 of the laws of 2022, is amended to read as follows:
(a) The term "insurance corporation" includes a corporation, associ-
ation, joint stock company or association, person, society, aggregation
or partnership, by whatever name known, doing an insurance business,
and, notwithstanding the provisions of section fifteen hundred twelve of
this article, shall include (1) a risk retention group as defined in
subsection (n) of section five thousand nine hundred two of the insur-
ance law, (2) the state insurance fund and (3) a corporation, associ-
ation, joint stock company or association, person, society, aggregation
or partnership doing an insurance business as a member of the New York
insurance exchange described in section six thousand two hundred one of
the insurance law. The definition of the "state insurance fund"
contained in this subdivision shall be limited in its effect to the
provisions of this article and the related provisions of this chapter
and shall have no force and effect other than with respect to such
provisions. The term "insurance corporation" shall also include a
captive insurance company doing a captive insurance business, as defined
in subsections (c) and (b), respectively, of section seven thousand two
of the insurance law; provided, however, "insurance corporation" shall
not include the metropolitan transportation authority, the power author-
ity of New York or any statutory subsidiary thereof, THE PUBLIC AUTHORI-
TIES IDENTIFIED IN SECTION TWENTY-EIGHT HUNDRED FIFTY-NINE OF THE PUBLIC
AUTHORITIES LAW OR ANY STATUTORY SUBSIDIARY THEREOF, or a public benefit
corporation or not-for-profit corporation formed by a city with a popu-
lation of one million or more pursuant to subsection (a) of section
seven thousand five of the insurance law, each of which is expressly
exempt from the payment of fees, taxes or assessments, whether state or
local; and provided further "insurance corporation" does not include any
combinable captive insurance company. The term "insurance corporation"
shall also include an unauthorized insurer operating from an office
within the state, pursuant to paragraph five of subsection (b) of
section one thousand one hundred one and subsection (i) of section two
thousand one hundred seventeen of the insurance law. The term "insurance
corporation" also includes a health maintenance organization required to
obtain a certificate of authority under article forty-four of the public
health law.
§ 5. Subdivision (a) of section 1502-b of the tax law, as amended by
chapter 193 of the laws of 2022, is amended to read as follows:
(a) In lieu of the taxes and tax surcharge imposed by sections fifteen
hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen
hundred ten of this article, every captive insurance company licensed by
the superintendent of financial services pursuant to the provisions of
article seventy of the insurance law, other than the metropolitan trans-
portation authority, the power authority of New York or any statutory
subsidiary thereof, THE PUBLIC AUTHORITIES IDENTIFIED IN SECTION TWEN-
TY-EIGHT HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW OR ANY STATU-
TORY SUBSIDIARY THEREOF, and a public benefit corporation or not-for-
profit corporation formed by a city with a population of one million or
more pursuant to subsection (a) of section seven thousand five of the
insurance law, each of which is expressly exempt from the payment of
fees, taxes or assessments whether state or local, and other than
combinable captive insurance company, shall, for the privilege of exer-
cising its corporate franchise, pay a tax on (1) all gross direct premi-
ums, less return premiums thereon, written on risks located or resident
in this state and (2) all assumed reinsurance premiums, less return
S. 3008 105 A. 3008
premiums thereon, written on risks located or resident in this state.
The rate of the tax imposed on gross direct premiums shall be four-
tenths of one percent on all or any part of the first twenty million
dollars of premiums, three-tenths of one percent on all or any part of
the second twenty million dollars of premiums, two-tenths of one percent
on all or any part of the third twenty million dollars of premiums, and
seventy-five thousandths of one percent on each dollar of premiums ther-
eafter. The rate of the tax on assumed reinsurance premiums shall be two
hundred twenty-five thousandths of one percent on all or any part of the
first twenty million dollars of premiums, one hundred and fifty thou-
sandths of one percent on all or any part of the second twenty million
dollars of premiums, fifty thousandths of one percent on all or any part
of the third twenty million dollars of premiums and twenty-five thou-
sandths of one percent on each dollar of premiums thereafter. The tax
imposed by this section shall be equal to the greater of (i) the sum of
the tax imposed on gross direct premiums and the tax imposed on assumed
reinsurance premiums or (ii) five thousand dollars.
§ 6. This act shall take effect immediately.
PART OO
Section 1. Section 321 of the agriculture and markets law, as amended
by chapter 158 of the laws of 2018, is amended to read as follows:
§ 321. Statement of legislative findings and intent. It is hereby
found and declared that agricultural lands are irreplaceable state
assets. In an effort to maintain the economic viability, and environ-
mental and landscape preservation values associated with agriculture,
the state must explore ways to sustain the state's valuable farm economy
[and to protect] BY PROTECTING farm operations and the ASSOCIATED land
base [associated with it] AND SUPPORTING LOCAL AND REGIONAL FOOD
SYSTEMS. External pressures on farm stability such as population growth
[in non-metropolitan areas], CLIMATE CHANGE, lack of access to afforda-
ble farmland, and public infrastructure development pose a significant
threat to farm operations, yet are the pressures over which farmers have
the least control. Local initiatives in agricultural protection policy,
facilitated by the agricultural districts program established in article
twenty-five-AA of this chapter, have proved effective as a basic step in
addressing these pressures. In an effort to encourage further develop-
ment of agricultural and farmland protection programs, and to recognize
both the crucial role that local government plays in developing these
strategies, plus the state constitutional directive to the legislature
to provide for the protection of agricultural lands, it is therefore
declared the policy of the state to promote local initiatives for agri-
cultural and farmland protection.
§ 2. Subdivision 1 of section 322 of the agriculture and markets law,
as amended by chapter 158 of the laws of 2018, is amended to read as
follows:
1. "Agricultural and farmland protection" means [the preservation]
LOCAL GOVERNMENT INITIATIVES TO: PRESERVE, [conservation] CONSERVE,
[management] MANAGE or [improvement of] IMPROVE lands which are part of
viable farming operations, for the purpose of encouraging such lands to
remain in agricultural production[. Such preservation efforts include]
INCLUDING the use of farmland protection conservation easements [and
purchase of development rights.]; AND ACTIVITIES WHICH SUPPORT LOCAL AND
REGIONAL FOOD SYSTEMS.
S. 3008 106 A. 3008
§ 3. Subdivisions 6 and 7 of section 322 of the agriculture and
markets law, as added by chapter 158 of the laws of 2018, are amended to
read as follows:
6. "Farmer-purchaser farmland protection agreement" means preemptive
purchase rights or other provisions that are part of or linked to a
farmland protection conservation easement providing the easement holder
the preferential right to purchase protected farmland at its agricul-
tural use value in the event the landowner intends to sell such farmland
to a purchaser who does not intend to maintain the land in [commercial]
agricultural production and who does not have the requisite farming
experience and farming income to demonstrate, in a manner acceptable to
the department, a good faith plan to maintain the land in [commercial]
agricultural production. The purpose of such provisions is to ensure
that farmer-purchasers who would maintain protected farmland in [commer-
cial] agricultural production can afford such farmland that might other-
wise be sold at a higher price to other purchasers.
7. "Agricultural use value" means the fair market value of a property
that is restricted by an easement to its productive [commercial] agri-
cultural use value rather than the highest and/or best potential use
value for residential or other non-agricultural purposes.
§ 4. Section 322 of the agriculture and markets law is amended by
adding three new subdivisions 8, 9 and 10 to read as follows:
8. "LOCAL AND REGIONAL FOOD SYSTEMS" MEANS A COLLABORATIVE NETWORK
THAT INTEGRATES SUSTAINABLE PRODUCTION, PROCESSING, DISTRIBUTION, AND
CONSUMPTION OF HUMAN FOOD, AND THE ASSOCIATED MANAGEMENT OF WASTES ORIG-
INATING FROM WITHIN THIS NETWORK, IN ORDER TO ENHANCE THE ENVIRONMENTAL,
ECONOMIC, AND SOCIAL HEALTH OF A PARTICULAR AREA.
9. "LOCAL FOOD SUPPLY CHAIN" MEANS ALL PROCESSES INVOLVED IN THE LOCAL
MOVEMENT OF HUMAN FOODS FROM THE FARM TO THE CONSUMER, INCLUDING MARKET-
ING, MARKETS, DISTRIBUTION, AGGREGATION, PROCESSING, PACKAGING, PURCHAS-
ING, PREPARATION, RESOURCE RECOVERY, AND WASTE DISPOSAL.
10. "URBAN AGRICULTURE" MEANS THE PRODUCTION, PROCESSING, DISTRIB-
UTION, AND MARKETING OF FOOD WITHIN URBAN, SUBURBAN, AND PERI-URBAN
(I.E., ON THE PERIMETER OF URBAN AREAS) AREAS FOR COMMERCIAL, NON-COM-
MERCIAL, EDUCATIONAL, OR NOT-FOR-PROFIT PURPOSES.
§ 5. Section 324 of the agriculture and markets law, as added by chap-
ter 797 of the laws of 1992 and paragraph (c) of subdivision 1 as
amended by chapter 248 of the laws of 2015, is amended to read as
follows:
§ 324. County agricultural and farmland protection plans. 1. County
agricultural and farmland protection boards may develop plans, in coop-
eration with the local soil and water conservation district and soil
conservation service, which shall include, but not be limited to:
(a) the location of any land or areas proposed to be protected;
(b) an analysis of the following factors concerning any areas and
lands proposed to be protected:
(i) value to the agricultural economy of the county;
(ii) open space value;
(iii) consequences of possible conversion; [and]
(iv) level of conversion pressure on the lands or areas proposed to be
protected; and
(V) THE DEGREE TO WHICH THE LANDS OR AREAS PROPOSED TO BE PROTECTED
SERVE AS A BUFFER FOR A SIGNIFICANT PUBLIC RESOURCE; AND
(c) a description of the activities, programs and strategies, includ-
ing efforts to support the successful transfer of agricultural land from
existing owners to new owners and operators, especially new and begin-
S. 3008 107 A. 3008
ning farmers, intended to be used by the county to promote continued
agricultural use, AND TO SUSTAIN A RESILIENT LOCAL FOOD SUPPLY CHAIN
WITHIN LOCAL AND REGIONAL FOOD SYSTEMS, which may include but not be
limited to revisions to the county's comprehensive plan pursuant to
section two hundred thirty-nine-d or two hundred thirty-nine-i of the
general municipal law[.]; AND
(D) IDENTIFICATION OF POTENTIAL FUNDING SOURCES FOR EACH OF THE ACTIV-
ITIES, PROGRAMS AND STRATEGIES IDENTIFIED IN THE PLAN, WHICH SHALL
INCLUDE PUBLIC AND PRIVATE SOURCES.
2. The county agricultural and farmland protection board shall conduct
at least one public hearing for public input regarding such agricultural
and farmland protection plan, and shall thereafter submit such plan to
the county legislative body for its approval.
3. The county agricultural protection plan must be submitted by the
county to the commissioner for approval.
4. (A) SUBJECT TO THE AVAILABILITY OF FUNDS, STATE ASSISTANCE PAYMENTS
SHALL BE MADE AVAILABLE FOR COUNTIES TO CONDUCT AGRICULTURAL AND FARM-
LAND PROTECTION PLANNING ACTIVITIES. STATE ASSISTANCE PAYMENTS FOR PLAN-
NING SHALL NOT EXCEED FIFTY THOUSAND DOLLARS TO EACH COUNTY OR ONE
HUNDRED THOUSAND DOLLARS TO TWO SUCH COUNTIES APPLYING JOINTLY, AND
SHALL NOT EXCEED FIFTY PERCENT OF THE COST OF PREPARING AN AGRICULTURAL
AND FARMLAND PROTECTION PLAN.
(B) A COUNTY WHICH HAS AN APPROVED AGRICULTURAL AND FARMLAND
PROTECTION PLAN MAY AFTER SIXTY MONTHS FROM THE DATE OF SUCH APPROVAL BY
THE COMMISSIONER APPLY FOR ADDITIONAL STATE ASSISTANCE PAYMENTS FOR
PLANNING ACTIVITIES RELATED TO THE UPDATING OF THEIR CURRENT PLAN OR
DEVELOPMENT OF A NEW AGRICULTURAL AND FARMLAND PROTECTION PLAN. SUCH
ADDITIONAL STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED FIFTY THOUSAND
DOLLARS TO EACH COUNTY WHETHER APPLYING INDIVIDUALLY OR IF TWO OR MORE
COUNTIES ARE APPLYING JOINTLY, AND SHALL NOT EXCEED FIFTY PERCENT OF THE
COST OF PREPARING AN AGRICULTURAL AND FARMLAND PROTECTION PLAN.
(C) A COUNTY OR TWO OR MORE COUNTIES ACTING JOINTLY SHALL APPLY FOR
STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND FARMLAND PROTECTION PLAN-
NING ACTIVITIES IN SUCH MANNER AS THE COMMISSIONER MAY PRESCRIBE.
§ 6. Section 324-a of the agriculture and markets law, as added by
chapter 527 of the laws of 2005 and paragraph (c) of subdivision 1 as
amended by chapter 248 of the laws of 2015, is amended to read as
follows:
§ 324-a. Municipal agricultural and farmland protection plans. 1.
Municipalities may develop agricultural and farmland protection plans,
in cooperation with cooperative extension and other organizations,
including local farmers. These plans shall include, but not be limited
to:
(a) the location of any land or areas proposed to be protected;
(b) an analysis of the following factors concerning any areas and
lands proposed to be protected:
(i) value to the agricultural economy of the municipality;
(ii) open space value;
(iii) consequences of possible conversion; [and]
(iv) level of conversion pressure on the lands or areas proposed to be
protected; and
(V) THE DEGREE TO WHICH THE LANDS OR AREAS PROPOSED TO BE PROTECTED
SERVE AS A BUFFER FOR A SIGNIFICANT PUBLIC RESOURCE; AND
(c) a description of activities, programs and strategies, including
efforts to support the successful transfer of agricultural land from
existing owners to new owners and operators, especially new and begin-
S. 3008 108 A. 3008
ning farmers, intended to be used by the municipality to promote contin-
ued agricultural use, AND TO SUSTAIN A RESILIENT LOCAL FOOD SUPPLY CHAIN
WITHIN LOCAL AND REGIONAL FOOD SYSTEMS, which may include but not be
limited to revisions to the municipality's comprehensive plan pursuant
to section two hundred seventy-two-a of the town law, SECTION TWENTY-
EIGHT-A OF THE GENERAL CITY LAW, or section 7-722 of the village law as
appropriate[.]; AND
(D) IDENTIFICATION OF POTENTIAL FUNDING SOURCES FOR EACH OF THE
ACTIVITIES, PROGRAMS AND STRATEGIES IDENTIFIED IN THE PLAN, WHICH SHALL
INCLUDE PUBLIC AND PRIVATE SOURCES.
2. The municipality shall conduct at least one public hearing for
public input regarding such agricultural and farmland protection plan,
and shall thereafter submit such plan to the municipal legislative body
and the county agricultural farmland protection board for approval IF
SUCH BOARD EXISTS IN THE COUNTY WHERE THE MUNICIPALITY IS LOCATED.
3. The municipal agricultural and farmland protection plan must be
submitted by the municipality to the commissioner for approval.
4. (A) SUBJECT TO THE AVAILABILITY OF FUNDS, STATE ASSISTANCE PAYMENTS
SHALL BE MADE AVAILABLE FOR MUNICIPALITIES TO CONDUCT AGRICULTURAL AND
FARMLAND PROTECTION PLANNING ACTIVITIES. STATE ASSISTANCE PAYMENTS FOR
PLANNING ACTIVITIES SHALL NOT EXCEED FORTY THOUSAND DOLLARS TO EACH
MUNICIPALITY OTHER THAN A COUNTY WHETHER APPLYING INDIVIDUALLY OR IF TWO
OR MORE MUNICIPALITIES ARE APPLYING JOINTLY, AND SHALL NOT EXCEED SEVEN-
TY-FIVE PERCENT OF THE COST OF PREPARING AN AGRICULTURAL AND FARMLAND
PROTECTION PLAN. STATE ASSISTANCE PAYMENTS FOR PLANNING ACTIVITIES
CONDUCTED BY THE CITY OF NEW YORK SHALL NOT EXCEED TWO HUNDRED THOUSAND
DOLLARS, AND SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF
PREPARING AN AGRICULTURAL AND FARMLAND PROTECTION PLAN.
(B) A MUNICIPALITY WHICH HAS AN APPROVED AGRICULTURAL AND FARMLAND
PROTECTION PLAN MAY AFTER SIXTY MONTHS FROM THE DATE OF SUCH APPROVAL BY
THE COMMISSIONER APPLY FOR ADDITIONAL STATE ASSISTANCE PAYMENTS FOR
PLANNING ACTIVITIES RELATED TO THE UPDATING OF THEIR CURRENT PLAN OR
DEVELOPMENT OF A NEW AGRICULTURAL AND FARMLAND PROTECTION PLAN. SUCH
ADDITIONAL STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED FORTY THOUSAND
DOLLARS TO EACH MUNICIPALITY OTHER THAN A COUNTY WHETHER APPLYING INDI-
VIDUALLY OR IF TWO OR MORE MUNICIPALITIES ARE APPLYING JOINTLY, AND
SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF PREPARING AN AGRI-
CULTURAL AND FARMLAND PROTECTION PLAN. STATE ASSISTANCE PAYMENTS TO THE
CITY OF NEW YORK FOR PLANNING ACTIVITIES TO UPDATE AN AGRICULTURAL AND
FARMLAND PROTECTION PLAN SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS,
AND SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF PREPARING AN
AGRICULTURAL AND FARMLAND PROTECTION PLAN.
(C) A MUNICIPALITY OR TWO OR MORE MUNICIPALITIES ACTING JOINTLY SHALL
APPLY FOR STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND FARMLAND
PROTECTION PLANNING ACTIVITIES IN SUCH MANNER AS THE COMMISSIONER MAY
PRESCRIBE.
§ 7. Section 325 of the agriculture and markets law, as amended by
chapter 413 of the laws of 1996, subdivision 1 as amended, paragraph (c)
of subdivision 2 as added, and paragraphs (d) and (e) of subdivision 2
as relettered by chapter 150 of the laws of 2013, subdivision 2 as
amended by chapter 93 of the laws of 2010, paragraphs (b) and (d) of
subdivision 2 as amended by chapter 234 of the laws of 2010, paragraph
(f) of subdivision 2 as added by chapter 355 of the laws of 2014, and
paragraph (g) of subdivision 2 as added by chapter 158 of the laws of
2018, is amended to read as follows:
S. 3008 109 A. 3008
§ 325. [Agricultural] STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND
FARMLAND protection PROJECTS. 1. Subject to the availability of funds,
a program is hereby established to finance through state assistance
payments the state share of the costs of locally-led agricultural and
farmland protection [activities] PROJECTS. [State assistance payments
for planning activities shall not exceed fifty thousand dollars to each
county agricultural and farmland protection board or one hundred thou-
sand dollars to two such boards applying jointly, and shall not exceed
fifty percent of the cost of preparing an agricultural and farmland
protection plan. State assistance payments for planning activities shall
not exceed twenty-five thousand dollars to each municipality other than
a county or fifty thousand dollars to two such municipalities applying
jointly, and shall not exceed seventy-five percent of the cost of
preparing an agricultural and farmland protection plan. A county which
has an approved farmland protection plan may after one hundred twenty
months from the date of such approval by the commissioner apply for
additional state assistance payments for planning activities related to
the updating of their current plan or development of a new farmland
protection plan. Such additional state assistance payments shall not
exceed fifty thousand dollars to each county agricultural and farmland
protection board or one hundred thousand dollars to two such boards
applying jointly, and shall not exceed fifty percent of the cost of
preparing an agricultural and farmland protection plan. State assistance
payments for implementation of approved agricultural and farmland
protection plans may fund up to seventy-five percent of the cost of
implementing the county plan or portion of the plan for which state
assistance payments are requested. State assistance payments to such
counties shall not exceed seventy-five percent of the cost of implement-
ing the local plan or portion of the plan for which state assistance has
been requested. Such maximum shall be increased by a percentage equal to
the percentage of the total eligible costs for such specified projects
that are contributed by the owner of the agricultural land for which the
project is being funded, provided, however, that in no event shall the
total of such state assistance payments exceed eighty-seven and one-half
percent of such eligible costs for any specified project.]
2. (a) [A county agricultural and farmland protection board, two such
boards acting jointly, a municipality or two such municipalities acting
jointly shall make application to the commissioner in such manner as the
commissioner may prescribe. Application for state assistance payments
for planning activities may be made at any time after the county agri-
cultural and farmland protection board has formed and has elected a
chairperson.] A county [agricultural and farmland protection board] may
make application for state assistance payments for plan implementation
at any time after the commissioner has approved a county agricultural
and farmland protection plan pursuant to section three hundred twenty-
four of this article. Application made jointly by two [county agricul-
tural and farmland protection boards] OR MORE COUNTIES may be made after
such agricultural and farmland protection plan is approved by each coun-
ty pursuant to the provisions of section three hundred twenty-four of
this article. State assistance payments to such counties shall not
exceed seventy-five percent of the cost of implementing the county agri-
cultural and farmland protection plan or portion of the plan for which
state assistance has been requested. SUCH MAXIMUM SHALL BE INCREASED BY
A PERCENTAGE EQUAL TO THE PERCENTAGE OF THE TOTAL ELIGIBLE COSTS FOR
AGRICULTURAL AND FARMLAND PROTECTION PROJECTS THAT ARE CONTRIBUTED BY
THE OWNER OF THE AGRICULTURAL LAND FOR WHICH THE PROJECT IS BEING FUND-
S. 3008 110 A. 3008
ED; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE TOTAL OF SUCH STATE
ASSISTANCE PAYMENTS EXCEED EIGHTY-SEVEN AND ONE-HALF PERCENT OF SUCH
ELIGIBLE COSTS FOR ANY AGRICULTURAL AND FARMLAND PROTECTION PROJECT. The
commissioner may require such information or additional planning as [he
or she deems] THEY DEEM necessary to evaluate such a request for state
assistance.
(b) Within a county, a municipality which has in place a local AGRI-
CULTURAL AND farmland protection plan may apply and shall be eligible
for [agricultural protection] state assistance payments to implement its
plan, or a portion of its plan, provided the proposed project is
endorsed for funding by the agricultural and farmland protection board
for the county in which the municipality is located [and that any]. ANY
plan developed on or after January first, two thousand six [complies]
MUST COMPLY with section three hundred twenty-four-a of this article.
State assistance payments to such municipalities shall not exceed seven-
ty-five percent of the cost of implementing the local plan or portion of
the plan for which state assistance has been requested. Such maximum
shall be increased by a percentage equal to the percentage of the total
eligible costs for [such specified] AGRICULTURAL AND FARMLAND PROTECTION
projects that are contributed by the owner of the agricultural land for
which the project is being funded; provided, however, that in no event
shall the total of such state assistance payments exceed eighty-seven
and one-half percent of such eligible costs for any [specified] AGRICUL-
TURAL AND FARMLAND PROTECTION project. The commissioner may require such
information or additional planning as [he or she deems] THEY DEEM neces-
sary to evaluate such a request for state assistance.
(c) A soil and water conservation district may apply and shall be
eligible for agricultural protection state assistance payments to imple-
ment a county or municipal agricultural and farmland protection plan
approved by the commissioner provided that the proposed project is
endorsed for funding by the county agricultural and farmland protection
board for the county in which the proposed project is located. A soil
and water conservation district, two such soil and water conservation
districts acting jointly, a soil and water conservation district and a
municipality acting jointly, or a soil and water conservation district
and a not-for-profit conservation organization acting jointly shall make
application to the commissioner in such manner as the commissioner may
prescribe. The proposed project must also be endorsed for funding by the
municipality in which the proposed project is located if the soil and
water conservation district is seeking agricultural protection state
assistance payments to implement an approved municipal agricultural and
farmland protection plan. ANY SOIL AND WATER CONSERVATION DISTRICT
PROPOSING A PROJECT LOCATED WITHIN THE CITY OF NEW YORK MUST HAVE ITS
PROJECT ENDORSED FOR FUNDING BY THE CITY COUNCIL OR BY ANY BOARD SO
DELEGATED BY ITS CITY COUNCIL. State assistance payments to such soil
and water conservation districts shall not exceed seventy-five percent
of the cost of implementing the local plan or portion of the plan for
which state assistance has been requested. Such maximum shall be
increased by a percentage equal to the percentage of the total eligible
costs for [such specified] AGRICULTURAL AND FARMLAND PROTECTION projects
that are contributed by the owner of the agricultural land for which the
project is being funded; provided, however, that in no event shall the
total of such state assistance payments exceed eighty-seven and one-half
percent of such eligible costs for any [specified] AGRICULTURAL AND
FARMLAND PROTECTION project. The commissioner may require such informa-
S. 3008 111 A. 3008
tion or additional planning as [he or she deems] THEY DEEM necessary to
evaluate such a request for state assistance.
(d) A not-for-profit conservation organization may apply and shall be
eligible for agricultural protection state assistance payments to imple-
ment a county or municipal agricultural and farmland protection plan
approved by the commissioner provided that the proposed project is
endorsed for funding by the [county agricultural and farmland protection
board] LEGISLATIVE BODY for the [county] MUNICIPALITY in which the
proposed project is located[. The proposed project must also be endorsed
for funding by the municipality in which the proposed project is
located] if the not-for-profit conservation organization is seeking
[agricultural protection state assistance payments to implement]
PAYMENTS FOR AN AGRICULTURAL AND FARMLAND PROTECTION PROJECT CONSISTENT
WITH an approved municipal agricultural and farmland protection plan.
ANY NOT-FOR-PROFIT CONSERVATION ORGANIZATION PROPOSING A PROJECT LOCATED
WITHIN THE CITY OF NEW YORK MUST HAVE ITS PROJECT ENDORSED FOR FUNDING
BY THE CITY COUNCIL OR BY ANY BOARD SO DELEGATED BY ITS CITY COUNCIL.
State assistance payments to such not-for-profit organizations shall not
exceed seventy-five percent of the cost of implementing the [local plan
or portion of the plan] AGRICULTURAL AND FARMLAND PROTECTION PROJECT for
which state assistance has been requested. Such maximum shall be
increased by a percentage equal to the percentage of the total eligible
costs for [such specified] AGRICULTURAL AND FARMLAND PROTECTION projects
that are contributed by the owner of the agricultural land for which the
project is being funded; provided, however, that in no event shall the
total of such state assistance payments exceed eighty-seven and one-half
percent of such eligible costs for any [specified] AGRICULTURAL AND
FARMLAND PROTECTION project. The commissioner may require such informa-
tion or additional planning as [he or she deems] THEY DEEM necessary to
evaluate such a request for state assistance.
(e) In evaluating applications for funding, the commissioner shall
give priority to projects intended to preserve viable agricultural land
as defined in section three hundred one of this chapter; that are in
areas facing significant development pressure; and that serve as a buff-
er for a significant natural public resource containing important
ecosystem or habitat characteristics.
(f) In evaluating applications for funding, the commissioner shall
consider whether future physical climate risk due to sea level rise,
and/or storm surges and/or flooding, based on available data predicting
the likelihood of future extreme weather events, including hazard risk
analysis data if applicable, has been considered.
(g) In evaluating applications for funding, projects for protecting
agricultural land that include farmer-purchaser farmland protection
agreements are eligible for state assistance payments.
3. Upon receipt of a request for state assistance, the commissioner
shall review the request, consult with the advisory council on agricul-
ture and, within ninety days from the receipt of a complete application,
shall make a determination as to whether or not such projects shall
receive state assistance.
§ 8. Subdivisions 2 and 6 of section 325-a of the agriculture and
markets law, as added by chapter 268 of the laws of 2008, are amended to
read as follows:
2. Awards of state assistance payments shall be made on a competitive
basis through a request for proposal process which shall set forth the
standards for the selection process, the required proposal format, the
costs which are eligible for funding, reporting requirements, and such
S. 3008 112 A. 3008
other provisions as the commissioner may deem necessary, proper or
desirable to achieve the purposes of this section. Applications for
state assistance payments FOR ACTIVITIES TO ASSIST COUNTIES AND MUNICI-
PALITIES OUTSIDE THE CITY OF NEW YORK must be endorsed by the agricul-
tural and farmland protection board for the county or counties in which
the funded activities would be implemented. ANY APPLICATION ASSOCIATED
WITH ACTIVITIES OCCURRING WITHIN THE CITY OF NEW YORK MUST BE ENDORSED
FOR FUNDING BY THE CITY COUNCIL OR BY ANY BOARD SO DELEGATED BY ITS CITY
COUNCIL.
6. State assistance payments awarded pursuant to this section shall
not exceed [fifty] SEVENTY-FIVE thousand dollars to any applicant in any
fiscal year[, and shall not exceed five hundred thousand dollars to all
applicants in any fiscal year].
§ 9. The agriculture and markets law is amended by adding two new
sections 325-b and 325-c to read as follows:
§ 325-B. STATE ASSISTANCE PAYMENTS TO COUNTIES. 1. SUBJECT TO THE
AVAILABILITY OF FUNDS, A PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE
OF AWARDING STATE ASSISTANCE PAYMENTS TO COUNTIES TO IMPLEMENT ACTIV-
ITIES OF THEIR APPROVED AGRICULTURAL AND FARMLAND PROTECTION PLANS OTHER
THAN AGRICULTURAL AND FARMLAND PROTECTION PROJECTS FUNDED PURSUANT TO
SECTION THREE HUNDRED TWENTY-FIVE OF THIS ARTICLE. STATE ASSISTANCE
PAYMENTS TO SUCH COUNTIES SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE
COST OF IMPLEMENTING THE ACTIVITIES FOR WHICH STATE ASSISTANCE HAS BEEN
REQUESTED. THE COMMISSIONER MAY REQUIRE SUCH INFORMATION DEEMED NECES-
SARY TO EVALUATE SUCH A REQUEST FOR STATE ASSISTANCE. ELIGIBLE ACTIV-
ITIES SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) AUDIT A MUNICIPALITY'S LAND USE AND SUBDIVISION REGULATIONS,
ZONING, OR SITE PLAN REQUIREMENTS TO ASSESS POTENTIAL HARDSHIP OR UNREA-
SONABLE RESTRICTIONS TO AGRICULTURAL LAND AND FARM OPERATIONS;
(B) AUDIT A MUNICIPALITY'S ZONING TO ASSESS OPPORTUNITIES AND CHAL-
LENGES TO RECRUITING AND RETAINING AGRICULTURE SUPPORT SERVICE PROVID-
ERS;
(C) INCORPORATE LOCAL AND REGIONAL FOOD SYSTEM PLANNING INTO EXISTING
EMERGENCY MANAGEMENT AND DISASTER PLANS OF COUNTY AND MUNICIPAL GOVERN-
MENTS;
(D) COMPILE AND DISSEMINATE PLANNING GUIDE OR GUIDES THAT HELP IDENTI-
FY EXISTING AND EMERGING CONSTRAINTS FOR URBAN AGRICULTURE AND SUGGESTED
STRATEGIES FOR MUNICIPALITIES TO ENCOURAGE AND SUSTAIN URBAN AGRICUL-
TURE;
(E) COMPILE AND DISSEMINATE PLANNING GUIDE OR GUIDES IN SUPPORT OF
AGRICULTURAL ECONOMIC DEVELOPMENT, SUCH AS OPPORTUNITIES TO INCORPORATE
AGRICULTURAL TOURISM OR OTHER VALUE-ADDED ENTERPRISES TO FARM OPERATIONS
IN A MANNER COMPATIBLE WITH AGRICULTURAL LAND USE; AND
(F) COMPILE AND DISSEMINATE PLANNING GUIDE(S) THAT HELP IDENTIFY
EMERGING LAND USE CONFLICTS WITH AGRICULTURE AND SUGGESTED STRATEGIES
FOR MUNICIPALITIES TO AVOID OR MITIGATE POTENTIAL HARM TO LOCAL FARM
OPERATIONS.
§ 325-C. STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND FARMLAND
PROTECTION CAPACITY BUILDING INITIATIVES. 1. SUBJECT TO THE AVAILABILITY
OF FUNDS, STATE ASSISTANCE PAYMENTS MAY BE AWARDED TO COUNTIES, MUNICI-
PALITIES, SOIL AND WATER CONSERVATION DISTRICTS, AND NOT-FOR-PROFIT
CONSERVATION ORGANIZATIONS TO INCREASE STAFF CAPACITY TO ACCELERATE
LOCALLY-LED AGRICULTURAL AND FARMLAND PROTECTION PROJECTS. STATE
ASSISTANCE PAYMENTS MAY PROVIDE UP TO ONE HUNDRED PERCENT OF THE COST OF
EACH AWARDED STAFF CAPACITY INITIATIVE. THE COMMISSIONER MAY REQUIRE
SUCH INFORMATION AS SUCH COMMISSIONER DEEMS NECESSARY TO EVALUATE SUCH A
S. 3008 113 A. 3008
REQUEST FOR STATE ASSISTANCE. ANY COUNTY, MUNICIPALITY, SOIL AND WATER
CONSERVATION DISTRICT, OR NOT-FOR-PROFIT CONSERVATION ORGANIZATION WHICH
HAS PREVIOUSLY RECEIVED STATE ASSISTANCE FROM AN AWARD FROM THIS PROGRAM
MAY, AFTER ONE HUNDRED TWENTY MONTHS FROM THE DATE OF THE FINAL PAYMENT
ASSOCIATED WITH SUCH PRIOR AWARD, APPLY FOR ADDITIONAL STATE ASSISTANCE
PAYMENTS FOR AGRICULTURAL AND FARMLAND PROTECTION CAPACITY BUILDING.
2. SUBJECT TO THE AVAILABILITY OF FUNDS, STATE ASSISTANCE PAYMENTS MAY
BE AWARDED TO RECENTLY ESTABLISHED NOT-FOR-PROFIT CONSERVATION ORGANIZA-
TIONS TO SPECIFICALLY CARRY OUT LOCALLY LED AGRICULTURAL AND FARMLAND
PROTECTION PROJECTS. STATE ASSISTANCE PAYMENTS MAY PROVIDE UP TO ONE
HUNDRED PERCENT OF QUALIFIED FIVE-YEAR START-UP COSTS FOR SUCH NOT-FOR-
PROFIT CONSERVATION ORGANIZATIONS. THE COMMISSIONER MAY REQUIRE SUCH
INFORMATION AS THEY DEEM NECESSARY TO EVALUATE SUCH A REQUEST FOR STATE
ASSISTANCE.
§ 10. This act shall take effect immediately.
PART PP
Section 1. Subdivision 11 of section 27-1901 of the environmental
conservation law, as added by section 3 of part V1 of chapter 62 of the
laws of 2003, is amended to read as follows:
11. "Tire service" means any person or business [in New York state]
who sells or installs new tires for use on any vehicle and any person or
business who engages in the retail sale of new motor vehicles. [A person
who is not the end point of sale and any governmental agency or poli-
tical subdivision are excluded from this term] THE UNITED STATES OF
AMERICA AND ANY OF ITS AGENCIES AND INSTRUMENTALITIES, AND NEW YORK
STATE AND ANY OF ITS AGENCIES, INSTRUMENTALITIES, PUBLIC CORPORATIONS,
OR POLITICAL SUBDIVISIONS ARE EXCLUDED FROM THIS TERM.
§ 2. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation law, as amended by
section 1 of part MM of chapter 58 of the laws of 2022, are amended to
read as follows:
1. Until December thirty-first, two thousand [twenty-five] THIRTY,
accept from a customer, waste tires of approximately the same size and
in a quantity equal to the number of new tires purchased or installed by
the customer; and
Until December thirty-first, two thousand [twenty-five] THIRTY, post
written notice in a prominent location, which must be at least eight and
one-half inches by fourteen inches in size and contain the following
language:
§ 3. Subdivisions 1, 2 and 3 of section 27-1913 of the environmental
conservation law, subdivisions 1 and 2 as amended by section 2 and
subdivision 3 as amended by section 3 of part MM of chapter 58 of the
laws of 2022, are amended to read as follows:
1. Until December thirty-first, two thousand [twenty-five] THIRTY, a
waste tire management and recycling fee of two dollars and fifty cents
shall be charged on each new tire sold. The fee shall be paid by the
purchaser to the tire service at the time the new tire or new motor
vehicle is purchased; PROVIDED, HOWEVER, THAT THE FEE SHALL BE PAID BY A
PURCHASER TO A TIRE SERVICE UPON INSTALLATION OF NEW TIRES UNLESS THE
PURCHASER CAN DEMONSTRATE THAT THE FEE WAS PREVIOUSLY PAID TO THE
SELLER.
The waste tire management and recycling fee does not apply to[:
(a)] recapped [or resold] tires[;
(b) mail-order sales; or
S. 3008 114 A. 3008
(c) the sale of new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this state is
subject to such fee].
2. Until December thirty-first, two thousand [twenty-five] THIRTY, the
tire service shall collect the waste tire management and recycling fee
from the purchaser at the time of the sale and shall remit such fee to
the department of taxation and finance with the quarterly report filed
pursuant to subdivision three of this section.
(a) The fee imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
(b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
3. Each tire service [maintaining a place of business in this state]
THAT IS A "PERSON REQUIRED TO COLLECT TAX" AS DEFINED IN SECTION ELEVEN
HUNDRED THIRTY-ONE OF THE TAX LAW shall make a return to the department
of taxation and finance on such form and including such information as
the commissioner of taxation and finance may require. Such returns shall
be due at the same time and for the same periods as the sales tax return
of such tire service, in accordance with section eleven hundred thirty-
six of the tax law, and payment of all fees due for such periods shall
be remitted with such returns.
§ 4. Paragraph (a) of subdivision 6 of section 27-1913 of the environ-
mental conservation law, as amended by section 2 of part MM of chapter
58 of the laws of 2022, is amended to read as follows:
(a) Until December thirty-first, two thousand [twenty-five] THIRTY,
any additional waste tire management and recycling costs of the tire
service in excess of the amount authorized to be retained pursuant to
paragraph (b) of subdivision two of this section may be included in the
published selling price of the new tire, or charged as a separate per-
tire charge on each new tire sold. When such costs are charged as a
separate per-tire charge: (i) such charge shall be stated as an invoice
item separate and distinct from the selling price of the tire; (ii) the
invoice shall state that the charge is imposed at the sole discretion of
the tire service; and (iii) the amount of such charge shall reflect the
actual cost to the tire service for the management and recycling of
waste tires accepted by the tire service pursuant to section 27-1905 of
this title, provided however, that in no event shall such charge exceed
two dollars and fifty cents on each new tire sold.
§ 5. This act shall take effect September 1, 2025.
PART QQ
Section 1. Section 2 of part ZZ of chapter 55 of the laws of 2021
amending the environmental conservation law relating to establishing a
deer hunting pilot program, as amended by section 2 of part RR of chap-
ter 58 of the laws of 2023, is amended to read as follows:
§ 2. This act shall take effect June 1, 2021 and shall expire and be
deemed repealed December 31, [2025] 2030.
§ 2. This act shall take effect immediately.
PART RR
Section 1. Section 27-1301 of the environmental conservation law is
amended by adding four new subdivisions 8, 9, 10 and 11 to read as
follows:
S. 3008 115 A. 3008
8. "NATURAL RESOURCE DAMAGES" MEANS THE AMOUNT OF MONEY SOUGHT AS
COMPENSATION FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL
RESOURCES, INCLUDING THE REASONABLE COSTS OF ASSESSING SUCH INJURY,
DESTRUCTION, OR LOSS RESULTING FROM THE DISPOSAL OF HAZARDOUS WASTE AT
AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE, AND INCLUDING ADMINISTRATIVE
AND LEGAL COSTS. DAMAGES MAY ALSO INCLUDE THE VALUE OF THE NATURAL
RESOURCE SERVICES LOST FOR THE TIME PERIOD FROM THE DISPOSAL UNTIL THE
ATTAINMENT OF SUCH RESTORATION, REHABILITATION, REPLACEMENT, AND/OR
ACQUISITION OF EQUIVALENT NATURAL RESOURCES.
9. "NATURAL RESOURCES" MEANS LAND, FISH, WILDLIFE, BIOTA, AIR, WATER,
AND OTHER SUCH RESOURCES BELONGING TO, MANAGED BY, HELD IN TRUST BY,
APPERTAINING TO, OR OTHERWISE CONTROLLED BY THE STATE OR A MUNICIPALITY.
10. "RESPONSE COSTS" MEANS THE STATE'S COSTS OF DEVELOPING, IMPLEMENT-
ING, AND/OR OVERSEEING AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDI-
AL PROGRAM.
11. "RESPONSIBLE PERSON" OR "PERSON RESPONSIBLE" FOR THE DISPOSAL OF
HAZARDOUS WASTE AT A SITE MEANS:
(A) ANY PERSON WHO CURRENTLY OWNS OR OPERATES A SITE OR ANY PORTION
THEREOF;
(B) ANY PERSON WHO OWNED OR OPERATED A SITE OR ANY PORTION THEREOF AT
THE TIME OF DISPOSAL OF THE HAZARDOUS WASTE;
(C) ANY PERSON WHO GENERATED ANY HAZARDOUS WASTE DISPOSED AT A SITE;
(D) ANY PERSON WHO TRANSPORTED ANY HAZARDOUS WASTE TO A SITE SELECTED
BY SUCH PERSON;
(E) ANY PERSON WHO DISPOSED OF ANY HAZARDOUS WASTE AT A SITE;
(F) ANY PERSON WHO ARRANGED FOR:
(I) THE TRANSPORTATION OF ANY HAZARDOUS WASTE TO A SITE; OR
(II) THE DISPOSAL OF ANY HAZARDOUS WASTE AT A SITE; AND
(G) ANY OTHER PERSON WHO IS RESPONSIBLE ACCORDING TO THE APPLICABLE
PRINCIPLES OF STATUTORY OR COMMON LAW LIABILITY PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1313 OF THIS TITLE AND/OR THE COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ("CERCLA"), 42 U.S.C. §
9601 ET SEQ.
§ 2. Paragraph b of subdivision 2 of section 27-1305 of the environ-
mental conservation law, as amended by section 3 of part E of chapter 1
of the laws of 2003, is amended to read as follows:
b. The department shall, as part of the registry, assess and, based
upon new information received, reassess by March thirty-first of each
year, in cooperation with the department of health, the relative need
for action at each site to remedy environmental and health problems
resulting from the presence of hazardous wastes at such sites INCLUDING
IN SUCH ASSESSMENT WHETHER SITES SHALL BE PRIORITIZED UNDER PARAGRAPH B
OF SUBDIVISION FIVE OF SECTION 27-1313 OF THIS TITLE DUE TO SITE
LOCATION IN AREAS IDENTIFIED AS A DISADVANTAGED COMMUNITY PURSUANT TO
SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER; provided, however,
that if at the time of such assessment or reassessment, the department
has not placed a site in classification 1 or 2, as described in subpara-
graphs one and two of this paragraph, and such site is the subject of
negotiations for, or implementation of, a brownfield site cleanup agree-
ment pursuant to title fourteen of this article, obligating the person
subject to such agreement to, at a minimum, eliminate or mitigate all
significant threats to the public health and environment posed by the
hazardous waste pursuant to such agreement, the department shall defer
its assessment or reassessment during the period such person is engaged
in good faith negotiations to enter into such an agreement and, follow-
ing its execution, is in compliance with the terms of such agreement,
S. 3008 116 A. 3008
and shall assess or reassess such site upon completion of remediation to
the department's satisfaction. In making its assessments, the department
shall place every site in one of the following classifications:
(1) Causing or presenting an imminent danger of causing irreversible
or irreparable damage to the public health or environment--immediate
action required;
(2) Significant threat to the public health or environment--action
required;
(3) Does not present a significant threat to the public health or
environment--action may be deferred;
(4) Site properly closed--requires continued management;
(5) Site properly closed, no evidence of present or potential adverse
impact--no further action required. THE DEPARTMENT SHALL PRIORITIZE
REMEDIAL PROGRAMS AT SITES PLACED IN CLASSIFICATION 1 OR 2, AS DESCRIBED
IN SUBPARAGRAPHS ONE AND TWO OF THIS PARAGRAPH, THAT ARE LOCATED IN
DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO SUBDIVISION FIVE OF
SECTION 75-0101 OF THIS CHAPTER, CONSISTENT WITH THE PROTECTION OF
PUBLIC HEALTH AND THE ENVIRONMENT.
§ 3. Paragraph b of subdivision 5 of section 27-1313 of the environ-
mental conservation law, as amended by chapter 857 of the laws of 1982,
is amended to read as follows:
b. In the event that the commissioner has found that hazardous wastes
at a site constitute a significant threat to the environment, but after
a reasonable attempt to determine who may be responsible is either
unable to determine who may be responsible, or is unable to locate a
person who may be responsible, the department may develop and implement
an inactive hazardous waste disposal site remedial program for such
site. THE DEPARTMENT SHALL PRIORITIZE IMPLEMENTATION OF REMEDIAL
PROGRAMS AT SITES LOCATED IN DISADVANTAGED COMMUNITIES AS IDENTIFIED
PURSUANT TO SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER. The
commissioner shall make every effort, in accordance with the require-
ments for notice, hearing and review provided for in this title, to
secure appropriate relief from any person subsequently identified or
located who is responsible for the disposal of hazardous waste at such
site, including, but not limited to, development and implementation of
an inactive hazardous waste disposal site remedial program, payment of
the cost of such a program, recovery of any reasonable expenses incurred
by the state, money damages and penalties.
§ 4. Section 27-1315 of the environmental conservation law, as amended
by section 7 of part E of chapter 1 of the laws of 2003 and subdivision
1 as amended by section 50 of part D of chapter 60 of the laws of 2012,
is amended to read as follows:
§ 27-1315. Rules and regulations.
1. The commissioner shall have the power to promulgate rules and regu-
lations necessary and appropriate to carry out the purposes of this
title. [Any regulations shall include provisions which establish the
procedures for a hearing pursuant to subdivision four of section 27-1313
of this title and shall ensure a division of functions between the
commissioner, the staff who present the case, and any hearing officers
appointed. In addition, any regulations shall set forth findings to be
based on a factual record, which must be made before the commissioner
determines that a significant threat to the environment exists.]
2. ANY REGULATIONS CONCERNING A HEARING PURSUANT TO SUBDIVISION FOUR
OF SECTION 27-1313 OF THIS TITLE SHALL INCLUDE PROVISIONS WHICH ESTAB-
LISH THE PROCEDURES FOR SUCH HEARING AND SHALL ENSURE A DIVISION OF
FUNCTIONS BETWEEN THE COMMISSIONER, THE STAFF WHO PRESENT THE CASE, AND
S. 3008 117 A. 3008
ANY HEARING OFFICERS APPOINTED. IN ADDITION, ANY REGULATIONS SHALL SET
FORTH FINDINGS TO BE BASED ON A FACTUAL RECORD, WHICH SHALL BE MADE
BEFORE THE COMMISSIONER DETERMINES THAT A SIGNIFICANT THREAT TO THE
ENVIRONMENT EXISTS.
3. Such rules and regulations of the department as shall be in effect
on the effective date of this subdivision that shall have been promul-
gated to carry out the purposes of this title shall be deemed to be
revised, as of the effective date of this subdivision, to include the
definition of "hazardous waste" as it appears in section 27-1301 of this
title.
§ 5. Subdivision 2 of section 27-1323 of the environmental conserva-
tion law, as added by section 9 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
2. Municipal exemption. (a) For the purposes of this title no MUNICI-
PALITY OR public corporation shall incur any liability [from any statu-
tory claims of the state as an owner or operator of a site, or a person
responsible for the disposal of a hazardous waste at such site, if such
public corporation acquired such site involuntarily, and such public
corporation retained such site without participating in the development
of such site] AS A RESPONSIBLE PERSON.
(b) This exemption shall not apply to any MUNICIPALITY OR public
corporation that [has caused or contributed to the release or threatened
release of a hazardous waste from or onto the site, or to any public
corporation that generated, transported, or disposed of, arranged for,
or that caused the generation, transportation, or disposal of hazardous
waste, from or onto the site] THROUGH ACTION OR INACTION, INTENTIONALLY
OR RECKLESSLY CAUSED OR CONTRIBUTED TO CONTAMINATION, OUTSIDE OF ITS
PERFORMANCE OF GOVERNMENTAL FUNCTIONS, WHICH THREATENS PUBLIC HEALTH OR
THE ENVIRONMENT, AT REAL PROPERTY IT OWNS OR OPERATES.
(c) When used in this section:
(1) "Public corporation" means a public corporation as defined in
section sixty-five of the general construction law, a local public
authority, supervisory district, improvement district within a county,
city, town, or village, or Indian nation or tribe recognized by the
state or the United States with a reservation wholly or partly within
the boundaries of New York state, or any combination thereof.
(2) "Involuntary acquisition of ownership or control" includes but is
not limited to the following:
(i) Acquisitions by a public corporation in its sovereign capacity,
including but not limited to acquisitions pursuant to abandonment
proceedings or bequest;
(ii) Acquisitions by a public corporation, or its agent, acting as a
conservator or receiver pursuant to a clear and direct statutory mandate
or regulatory authority;
(iii) Acquisitions of assets through foreclosure and its equivalents,
or otherwise, by a public corporation in the course of administering a
loan, loan guarantee, tax lien, or tax forbearance agreement, or loan
insurance program; or
(iv) Acquisitions by a public corporation pursuant to seizure, injunc-
tion, condemnation, or forfeiture authority; provided that such owner-
ship or control is not retained primarily for investment purposes.
(d) For the purpose of this section, the terms "foreclosure" and
"foreclose" mean, respectively, acquiring or to acquire a brownfield
site through:
(1) purchase at sale under a judgment or decree, power of sale, or
non-judicial foreclosure sale;
S. 3008 118 A. 3008
(2) a deed in lieu of foreclosure, or similar conveyance, or abandon-
ment from a person or trustee;
(3) conveyance pursuant to an extension of credit or tax forbearance
previously contracted; or
(4) any other formal or informal manner by which a person acquires,
for subsequent disposition, title to or possession of a site in order to
protect the security interest of the public corporation or lender.
(e) ["Participating in development" means the carrying out, or causing
or permitting the carrying out, of any above-grade improvements to the
site or any other environmental investigation or remediation, except for
those improvements which are part of a site remedial program pursuant to
this article or in furtherance of site safety, such as fencing or light-
ing, but does not include licensing, regulatory oversight, or the mere
capacity to regulate or influence, or the unexercised right to control
the operation of the property. For purposes of this section, participat-
ing in development does not include:
(1) having the capacity to influence management of a site;
(2) having the unexercised right to control or to regulate the site or
operations thereof;
(3) holding, abandoning, or releasing a security interest or tax lien
on such site;
(4) including a condition relating to environmental compliance in a
contract, permit, license, or security agreement;
(5) monitoring or enforcing the terms and conditions of an agreement
or tax forbearance agreement;
(6) monitoring or undertaking one or more inspections of a site
including, but not limited to, boring test wells;
(7) exercising other remedies available under applicable laws;
(8) licensing, permitting, or granting permits, certificates of occu-
pancy and variances as allowed by law and/or regulation;
(9) applying for or participating in federal or state statutory
programs or benefits; or
(10) declining to take any of the actions described in subparagraphs
one through nine of this paragraph.
(f)] Any public corporation that has taken possession of a site shall
notify the department of any release of hazardous waste within ten days
of obtaining actual knowledge of such release, unless a shorter notice
period is required under any other provision of law, in which case the
shorter notice period controls. Failure to notify the department within
the ten day or shorter notification period shall result in the loss of
the exemption set forth in this section.
§ 6. The environmental conservation law is amended by adding a new
section 27-1325 to read as follows:
§ 27-1325. FINANCIAL RESPONSIBILITY PROVISIONS.
1. THE DEPARTMENT MAY PROMULGATE REGULATIONS REGARDING FINANCIAL
RESPONSIBILITY FOR THE IMPLEMENTATION OF AN INACTIVE HAZARDOUS WASTE
DISPOSAL SITE REMEDIAL PROGRAM.
2. FINANCIAL RESPONSIBILITY REQUIRED BY SUBDIVISION ONE OF THIS
SECTION MAY BE ESTABLISHED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY
THE COMMISSIONER BY ANY ONE, OR ANY COMBINATION, OF THE FOLLOWING:
INSURANCE, GUARANTEE, SURETY BOND, LETTER OF CREDIT, OR QUALIFICATION AS
A SELF-INSURER. IN PROMULGATING REQUIREMENTS UNDER THIS SECTION, THE
COMMISSIONER IS AUTHORIZED TO SPECIFY POLICY OR OTHER CONTRACTUAL TERMS,
CONDITIONS, OR DEFENSES WHICH ARE NECESSARY OR ARE UNACCEPTABLE IN
ESTABLISHING SUCH EVIDENCE OF FINANCIAL RESPONSIBILITY IN ORDER TO
EFFECTUATE THE PURPOSES OF THIS ARTICLE.
S. 3008 119 A. 3008
3. IN ANY CASE WHERE THE RESPONSIBLE PARTY IS IN BANKRUPTCY, REORGAN-
IZATION, OR ARRANGEMENT PURSUANT TO THE FEDERAL BANKRUPTCY CODE OR
WHERE, WITH REASONABLE DILIGENCE, JURISDICTION IN ANY STATE OR FEDERAL
COURT WITHIN THE STATE CANNOT BE OBTAINED OVER A RESPONSIBLE PARTY LIKE-
LY TO BE SOLVENT AT THE TIME OF JUDGMENT, ANY CLAIM ARISING FROM CONDUCT
FOR WHICH EVIDENCE OF FINANCIAL RESPONSIBILITY SHALL BE PROVIDED UNDER
THIS SECTION MAY BE ASSERTED DIRECTLY AGAINST THE GUARANTOR PROVIDING
SUCH EVIDENCE OF FINANCIAL RESPONSIBILITY. IN THE CASE OF ANY ACTION
PURSUANT TO THIS SUBDIVISION, SUCH GUARANTOR SHALL BE ENTITLED TO INVOKE
ALL RIGHTS AND DEFENSES WHICH WOULD HAVE BEEN AVAILABLE TO THE RESPONSI-
BLE PARTY IF ANY ACTION HAD BEEN BROUGHT AGAINST THE RESPONSIBLE PARTY
BY THE CLAIMANT AND WHICH WOULD HAVE BEEN AVAILABLE TO THE GUARANTOR IF
AN ACTION HAD BEEN BROUGHT AGAINST THE GUARANTOR BY THE RESPONSIBLE
PARTY.
4. THE TOTAL LIABILITY OF ANY GUARANTOR SHALL BE LIMITED TO THE AGGRE-
GATE AMOUNT WHICH THE GUARANTOR HAS PROVIDED AS EVIDENCE OF FINANCIAL
RESPONSIBILITY TO THE RESPONSIBLE PARTY UNDER THIS CHAPTER. NOTHING IN
THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT ANY OTHER STATE OR FEDERAL
STATUTORY, CONTRACTUAL OR COMMON LAW LIABILITY OF A GUARANTOR TO ITS
RESPONSIBLE PARTY INCLUDING, BUT NOT LIMITED TO, THE LIABILITY OF SUCH
GUARANTOR FOR BAD FAITH EITHER IN NEGOTIATING OR IN FAILING TO NEGOTIATE
THE SETTLEMENT OF ANY CLAIM. NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO DIMINISH THE LIABILITY OF ANY PERSON UNDER SECTION 27-1313
OF THIS ARTICLE OR OTHER APPLICABLE LAW.
5. FOR THE PURPOSE OF THIS SECTION, THE TERM "GUARANTOR" MEANS ANY
PERSON, OTHER THAN THE RESPONSIBLE PARTY, WHO PROVIDES EVIDENCE OF
FINANCIAL RESPONSIBILITY FOR A RESPONSIBLE PARTY UNDER THIS SECTION.
§ 7. The environmental conservation law is amended by adding a new
section 27-1327 to read as follows:
§ 27-1327. RECOVERY OF RESPONSE COSTS AND NATURAL RESOURCE DAMAGES.
1. EACH RESPONSIBLE PERSON AS DEFINED IN SECTION 27-1313 OF THIS TITLE
SHALL BE STRICTLY LIABLE, JOINTLY AND SEVERALLY, FOR ALL RESPONSE COSTS
AND FOR ALL NATURAL RESOURCE DAMAGES RESULTING FROM THE DISPOSAL OF
HAZARDOUS WASTE AT AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE. THE
COMMISSIONER MAY COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION
TO RECOVER THE RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES. THE
COMMISSIONER SHALL PRIORITIZE SECURING RELIEF OR OTHER ACTION AT SITES
PLACED IN CLASSIFICATION 1 OR 2, AS DESCRIBED IN SUBPARAGRAPHS ONE AND
TWO OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION 27-1305 OF THIS TITLE,
THAT ARE LOCATED IN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO
SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
2. A DETERMINATION OR ASSESSMENT OF NATURAL RESOURCE DAMAGES FOR THE
PURPOSES OF THIS SECTION MADE OR ADOPTED BY THE COMMISSIONER IN ACCORD-
ANCE WITH ANY APPLICABLE REGULATIONS PROMULGATED UNDER SECTION 27-1315
OF THIS TITLE OR UNDER SECTION 9651(C) OF TITLE 42 OF THE UNITED STATES
CODE SHALL HAVE THE FORCE AND EFFECT OF A REBUTTABLE PRESUMPTION ON
BEHALF OF THE COMMISSIONER IN ANY JUDICIAL PROCEEDING.
3. IN AN ACTION TO RECOVER RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES, THE COMMISSIONER MAY ALSO SEEK CIVIL PENALTIES UNDER SECTION
71-2705 OF THIS CHAPTER.
4. ALL AMOUNTS RECEIVED TO SATISFY LIABILITY FOR NATURAL RESOURCE
DAMAGES SHALL BE CREDITED TO THE DEPARTMENT'S NATURAL RESOURCE DAMAGES
FUND TO BE USED EXCLUSIVELY TO PAY OR REIMBURSE COSTS OF ASSESSING
NATURAL RESOURCE DAMAGES AND RESTORE, REPLACE, AND/OR ACQUIRE THE EQUIV-
ALENT OF THE AFFECTED NATURAL RESOURCES. THE MEASURE OF COMPENSATION FOR
INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES IS THE COST OF:
S. 3008 120 A. 3008
(A) RESTORATION OR REHABILITATION OF THE INJURED NATURAL RESOURCES TO
A CONDITION WHERE THEY CAN PROVIDE THE LEVEL OF SERVICES AVAILABLE HAD
THE DISPOSAL OF HAZARDOUS WASTE NOT OCCURRED; OR
(B) THE REPLACEMENT AND/OR ACQUISITION OF EQUIVALENT NATURAL
RESOURCES CAPABLE OF PROVIDING SUCH SERVICES.
5. THE STATE SHALL HAVE A LIEN FOR ALL RESPONSE COSTS INCURRED BY THE
STATE AND FOR ALL NATURAL RESOURCE DAMAGES FOR WHICH A JUDICIAL DETERMI-
NATION OF LIABILITY HAS BEEN MADE UPON SUCH REAL PROPERTY LOCATED WITHIN
THE STATE:
(A) OWNED BY A PERSON LIABLE TO THE STATE FOR SUCH RESPONSE COSTS
AND/OR NATURAL RESOURCE DAMAGES UNDER THIS TITLE AT THE TIME A NOTICE OF
ENVIRONMENTAL LIEN IS FILED; AND
(B) UPON WHICH THE DISPOSAL OF HAZARDOUS WASTES OCCURRED.
6. AN ENVIRONMENTAL LIEN SHALL ATTACH WHEN:
(A) RESPONSE COSTS ARE INCURRED BY THE STATE AND/OR A JUDICIAL JUDG-
MENT OF LIABILITY FOR NATURAL RESOURCE DAMAGES IS ENTERED;
(B) THE RESPONSIBLE PERSON FAILS TO PAY SUCH COSTS WITHIN NINETY DAYS
AFTER A WRITTEN DEMAND THEREFOR BY THE STATE IS MAILED BY CERTIFIED OR
REGISTERED MAIL, RETURN RECEIPT REQUESTED, AND/OR FAILS TO PAY SUCH
NATURAL RESOURCE DAMAGES WITHIN NINETY DAYS AFTER ENTRY OF JUDGMENT; AND
(C) A NOTICE OF ENVIRONMENTAL LIEN IS FILED BY THE DEPARTMENT AS
PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TEN OF THIS SECTION; PROVIDED,
HOWEVER, THAT A COPY OF THE NOTICE OF ENVIRONMENTAL LIEN IS SERVED UPON
THE OWNER OF THE REAL PROPERTY SUBJECT TO THE ENVIRONMENTAL LIEN WITHIN
THIRTY DAYS OF SUCH FILING IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ELEVEN OF THE LIEN LAW.
7. (A) AN ENVIRONMENTAL LIEN SHALL CONTINUE AGAINST THE REAL PROPERTY
UNTIL:
(I) THE CLAIM OR JUDGMENT AGAINST THE PERSON REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION FOR RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES IS SATISFIED OR BECOMES UNENFORCEABLE;
(II) THE LIEN IS RELEASED BY THE COMMISSIONER PURSUANT TO THIS SUBDI-
VISION;
(III) THE LIEN IS DISCHARGED BY PAYMENT OF MONIES INTO COURT; OR
(IV) THE LIEN IS OTHERWISE VACATED BY COURT ORDER.
(B) UPON THE OCCURRENCE OF ANY EVENT UNDER SUBPARAGRAPHS (I) THROUGH
(IV) OF PARAGRAPH (A) OF THIS SUBDIVISION, EXCEPT WHERE THE LIEN IS
VACATED BY COURT ORDER, THE COMMISSIONER SHALL EXECUTE THE RELEASE OF AN
ENVIRONMENTAL LIEN AND FILE THE RELEASE AS PROVIDED IN SUBDIVISION NINE
OF THIS SECTION. THE COMMISSIONER MAY RELEASE AN ENVIRONMENTAL LIEN
WHERE:
(I) A LEGALLY ENFORCEABLE AGREEMENT SATISFACTORY TO THE COMMISSIONER
HAS BEEN EXECUTED RELATING TO THE RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES THAT ARE THE SUBJECT OF THE LIEN OR REIMBURSING THE STATE FOR
SUCH RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES; OR AN OWNER OR
OPERATOR OF THE SITE SUBJECT TO THE LIEN AGREES TO PERFORM REMEDIAL
WORK, SITE MANAGEMENT, OR OTHER IN-KIND SERVICES OF SUFFICIENT VALUE TO
THE COMMISSIONER; OR
(II) THE ATTACHMENT OR ENFORCEMENT OF THE ENVIRONMENTAL LIEN IS DETER-
MINED BY THE COMMISSIONER NOT TO BE IN THE PUBLIC INTEREST.
8. AN ENVIRONMENTAL LIEN IS SUBJECT TO THE RIGHTS OF ANY OTHER PERSON,
INCLUDING AN OWNER, PURCHASER, HOLDER OF A MORTGAGE OR SECURITY INTER-
EST, OR JUDGMENT LIEN CREDITOR, WHOSE INTEREST IS PERFECTED BEFORE A
LIEN NOTICE HAS BEEN FILED AS PROVIDED IN SUBDIVISION TEN OF THIS
SECTION.
9. A NOTICE OF ENVIRONMENTAL LIEN SHALL STATE:
S. 3008 121 A. 3008
(A) THAT THE LIENOR IS THE STATE OF NEW YORK;
(B) THE NAME OF THE RECORD OWNER OF THE REAL PROPERTY ON WHICH THE
ENVIRONMENTAL LIEN HAS ATTACHED;
(C) THE REAL PROPERTY SUBJECT TO THE LIEN, WITH A DESCRIPTION THEREOF
SUFFICIENT FOR IDENTIFICATION;
(D) THAT THE REAL PROPERTY DESCRIBED IN THE NOTICE IS THE PROPERTY
UPON WHICH A DISPOSAL OF HAZARDOUS WASTES OCCURRED AND THAT RESPONSE
COSTS HAVE BEEN INCURRED BY THE LIENOR AND/OR THAT NATURAL RESOURCE
DAMAGES HAVE BEEN JUDICIALLY DETERMINED TO BE DUE TO THE LIENOR AS A
RESULT OF SUCH DISPOSAL;
(E) THAT THE OWNER IS POTENTIALLY LIABLE FOR RESPONSE COSTS AND/OR
SUBJECT TO A JUDGMENT FOR NATURAL RESOURCE DAMAGES PURSUANT TO THIS
TITLE; AND
(F) THAT AN ENVIRONMENTAL LIEN HAS ATTACHED TO THE DESCRIBED REAL
PROPERTY.
10. (A) A NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
OFFICE OF THE COUNTY WHERE THE PROPERTY IS SITUATED. IF SUCH PROPERTY IS
SITUATED IN TWO OR MORE COUNTIES, THE NOTICE OF ENVIRONMENTAL LIEN SHALL
BE FILED IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES. THE NOTICE
OF LIEN SHALL BE INDEXED BY THE COUNTY CLERK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TEN OF THE LIEN LAW. THE NOTICE OF LIEN SHALL BE
SERVED UPON THE OWNER OF THE REAL PROPERTY SUBJECT TO THE LIEN IN
ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN OF THE LIEN LAW.
(B) A RELEASE OF AN ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
OFFICE OF EACH COUNTY WHERE THE NOTICE OF ENVIRONMENTAL LIEN WAS FILED
AND SHALL BE INDEXED IN THE MANNER PRESCRIBED FOR INDEXING ENVIRONMENTAL
LIENS.
11. AN ENVIRONMENTAL LIEN MAY BE ENFORCED AGAINST THE PROPERTY SPECI-
FIED IN THE NOTICE OF ENVIRONMENTAL LIEN, AND AN ENVIRONMENTAL LIEN MAY
BE VACATED OR DISCHARGED, AS PRESCRIBED IN ARTICLE THREE OF THE LIEN
LAW; PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE OR IN ARTICLE THREE
OF THE LIEN LAW SHALL AFFECT THE RIGHT OF THE STATE TO BRING AN ACTION
TO RECOVER RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES UNDER SECTION
ONE HUNDRED SEVEN OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RECOVERY,
COMPENSATION AND LIABILITY ACT (42 U.S.C. § 9601 ET SEQ).
12. AMOUNTS RECEIVED BY THE ADMINISTRATOR TO SATISFY ALL OR PART OF AN
ENVIRONMENTAL LIEN FOR RESPONSE COSTS SHALL BE DEPOSITED IN THE DEPART-
MENT'S HAZARDOUS WASTE REMEDIAL FUND, AND AMOUNTS RECEIVED TO SATISFY
ALL OR PART OF AN ENVIRONMENTAL LIEN FOR NATURAL RESOURCE DAMAGES SHALL
BE DEPOSITED IN THE DEPARTMENT'S NATURAL RESOURCE DAMAGES FUND.
13. (A) AN OWNER OR OPERATOR OF AN INACTIVE HAZARDOUS WASTE DISPOSAL
SITE WHOSE LIABILITY UNDER THIS TITLE AND/OR 42 U.S.C. § 9607 ET SEQ.
ARISES SOLELY FROM BEING CONSIDERED AN OWNER OR OPERATOR OF SUCH SITE
SHALL NOT BE LIABLE AS LONG AS IT CAN DEMONSTRATE THAT ONE OR MORE OF
THE AFFIRMATIVE DEFENSES IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION
27-1323 OF THIS TITLE APPLIES, AND THE OWNER OR OPERATOR DOES NOT IMPEDE
THE PERFORMANCE OF A RESPONSE ACTION OR NATURAL RESOURCE RESTORATION.
(B) IF THERE ARE UNRECOVERED RESPONSE COSTS INCURRED BY THE DEPARTMENT
AT AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE FOR WHICH AN OWNER OR OPER-
ATOR OF THE SITE IS NOT LIABLE BY REASON OF PARAGRAPH (A) OF THIS SUBDI-
VISION, AND IF EACH OF THE CONDITIONS DESCRIBED IN PARAGRAPH (C) OF THIS
SUBDIVISION IS MET, THE DEPARTMENT SHALL HAVE A LIEN ON THE FACILITY, OR
MAY BY AGREEMENT WITH THE OWNER OR OPERATOR, OBTAIN FROM THE OWNER OR
OPERATOR A LIEN ON ANY OTHER PROPERTY OR OTHER ASSURANCE OF PAYMENT
SATISFACTORY TO THE DEPARTMENT, FOR THE UNRECOVERED RESPONSE COSTS.
S. 3008 122 A. 3008
(C) THE CONDITIONS REFERRED TO IN PARAGRAPH (B) OF THIS SUBDIVISION
ARE THE FOLLOWING:
(I) A RESPONSE ACTION FOR WHICH THERE ARE UNRECOVERED COSTS OF THE
DEPARTMENT IS CARRIED OUT AT THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE.
(II) THE RESPONSE ACTION INCREASES THE FAIR MARKET VALUE OF THE SITE
ABOVE THE FAIR MARKET VALUE OF THE SITE THAT EXISTED BEFORE THE RESPONSE
ACTION WAS INITIATED.
(D) A LIEN UNDER PARAGRAPH (B) OF THIS SUBDIVISION:
(I) SHALL BE IN AN AMOUNT NOT TO EXCEED THE INCREASE IN FAIR MARKET
VALUE OF THE PROPERTY ATTRIBUTABLE TO THE RESPONSE ACTION AT THE TIME OF
A SALE OR OTHER DISPOSITION OF THE PROPERTY;
(II) SHALL ARISE AT THE TIME AT WHICH COSTS ARE FIRST INCURRED BY THE
DEPARTMENT WITH RESPECT TO A RESPONSE ACTION AT THE SITE;
(III) SHALL BE SUBJECT TO THE REQUIREMENTS OF SUBDIVISIONS SEVEN,
EIGHT, AND NINE OF THIS SECTION; AND
(IV) SHALL CONTINUE UNTIL THE EARLIER OF:
(A) SATISFACTION OF THE LIEN BY SALE OR OTHER MEANS; OR
(B) RECOVERY OF ALL RESPONSE COSTS INCURRED AT THE SITE.
§ 8. The environmental conservation law is amended by adding a new
section 27-1329 to read as follows:
§ 27-1329. ABATEMENT ACTIONS.
1. MAINTENANCE, JURISDICTION, ETC. WHEN THE COMMISSIONER DETERMINES
THAT THERE MAY BE AN IMMINENT DANGER TO THE HEALTH OR WELFARE OF THE
PEOPLE OF THE STATE OR THE ENVIRONMENT, OR RESULTS IN OR IS LIKELY TO
RESULT IN IRREVERSIBLE OR IRREPARABLE DAMAGE TO NATURAL RESOURCES
BECAUSE OF AN ACTUAL OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE FROM
AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE, THE COMMISSIONER MAY REQUEST
THE ATTORNEY GENERAL TO SECURE SUCH RELIEF AS MAY BE NECESSARY TO ABATE
SUCH DANGER OR THREAT AND TO GRANT SUCH RELIEF AS THE PUBLIC INTEREST
AND THE EQUITIES OF THE CASE MAY REQUIRE. THE COMMISSIONER MAY ALSO TAKE
OTHER ACTION UNDER THIS SECTION INCLUDING, BUT NOT LIMITED TO, ISSUING
SUCH ORDERS AS MAY BE NECESSARY TO PROTECT PUBLIC HEALTH AND WELFARE AND
THE ENVIRONMENT.
2. FINES; REIMBURSEMENT. (A) ANY PERSON WHO, WITHOUT SUFFICIENT CAUSE,
FAILS OR REFUSES TO COMPLY WITH, ANY ORDER OF THE COMMISSIONER UNDER
SUBDIVISION ONE OF THIS SECTION MAY, IN AN ACTION BROUGHT IN THE APPRO-
PRIATE COURT OF COMPETENT JURISDICTION TO ENFORCE SUCH ORDER, BE FINED
NOT MORE THAN THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY IN
WHICH SUCH VIOLATION OCCURS OR SUCH FAILURE TO COMPLY CONTINUES.
(B) (I) ANY PERSON WHO RECEIVES AND COMPLIES WITH THE TERMS OF ANY
ORDER ISSUED UNDER SUBDIVISION ONE OF THIS SECTION MAY, WITHIN SIXTY
DAYS AFTER COMPLETION OF THE REQUIRED ACTION, PETITION THE COMMISSIONER
FOR REIMBURSEMENT FROM THE HAZARDOUS WASTE REMEDIAL FUND PURSUANT TO
SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW FOR THE REASONABLE COSTS
OF SUCH ACTION, PLUS INTEREST. ANY INTEREST PAYABLE UNDER THIS SUBPARA-
GRAPH SHALL ACCRUE ON THE AMOUNTS EXPENDED FROM THE DATE OF EXPENDITURE
AT THE SAME RATE AS SPECIFIED FOR INTEREST ON INVESTMENTS OF THE HAZARD-
OUS SUBSTANCE SUPERFUND ESTABLISHED UNDER SUBCHAPTER A OF CHAPTER 98 OF
TITLE 26 OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPEN-
SATION, AND LIABILITY ACT.
(II) IF THE COMMISSIONER REFUSES TO GRANT ALL OR PART OF A PETITION
MADE UNDER THIS PARAGRAPH, THE PETITIONER MAY WITHIN THIRTY DAYS OF
RECEIPT OF SUCH REFUSAL FILE AN ACTION AGAINST THE DEPARTMENT PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH, TO
OBTAIN REIMBURSEMENT, THE PETITIONER SHALL ESTABLISH BY A PREPONDERANCE
S. 3008 123 A. 3008
OF THE EVIDENCE THAT SUCH PETITIONER IS NOT LIABLE FOR RESPONSE COSTS
UNDER SECTION 27-1313 OF THIS TITLE AND THAT COSTS FOR WHICH SUCH PETI-
TIONER SEEKS REIMBURSEMENT ARE REASONABLE IN LIGHT OF THE ACTION
REQUIRED BY THE RELEVANT ORDER.
(IV) A PETITIONER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY ALSO
RECOVER ITS REASONABLE COSTS OF RESPONSE TO THE EXTENT THAT SUCH PETI-
TIONER CAN DEMONSTRATE, ON THE ADMINISTRATIVE RECORD, THAT THE COMMIS-
SIONER'S DECISION IN SELECTING THE RESPONSE ACTION ORDERED WAS ARBITRARY
AND CAPRICIOUS OR WAS OTHERWISE NOT IN ACCORDANCE WITH LAW. REIMBURSE-
MENT AWARDED UNDER THIS SUBPARAGRAPH SHALL INCLUDE ALL REASONABLE
RESPONSE COSTS INCURRED BY THE PETITIONER PURSUANT TO THE PORTIONS OF
THE ORDER FOUND TO BE ARBITRARY AND CAPRICIOUS OR OTHERWISE NOT IN
ACCORDANCE WITH LAW.
(V) REIMBURSEMENT AWARDED BY A COURT UNDER SUBPARAGRAPH (III) OR (IV)
OF THIS PARAGRAPH MAY INCLUDE APPROPRIATE COSTS, FEES, AND OTHER
EXPENSES IN ACCORDANCE WITH SECTION EIGHTY-SIX HUNDRED ONE OF THE CIVIL
PRACTICE LAW AND RULES.
§ 9. Subdivisions 1 and 4 of section 97-b of the state finance law,
subdivision 1 as amended by section 3 of part AA of chapter 58 of the
laws of 2018 and subdivision 4 as amended by chapter 38 of the laws of
1985, are amended to read as follows:
1. There is hereby established in the custody of the state comptroller
a nonlapsing revolving fund to be known as the "hazardous waste remedial
fund", which shall consist of a "site investigation and construction
account", an "industry fee transfer account", an "environmental restora-
tion project account", A "hazardous waste cleanup account", and a
"hazardous waste remediation oversight and assistance account".
4. [No] WITH RESPECT TO MONEYS IN THE HAZARDOUS WASTE CLEANUP ACCOUNT,
NO moneys shall be available from the fund pursuant to paragraph (a) of
subdivision three of this section unless the commissioner of environ-
mental conservation finds that all reasonable efforts to secure volun-
tary agreement to pay the costs of necessary remedial actions from
owners or operators of inactive hazardous waste sites or other responsi-
ble persons have been made except where the commissioner of environ-
mental conservation has made findings pursuant to paragraph b of subdi-
vision three of section 27-1313 of the environmental conservation law
[or where]; the commissioner of health has declared a condition danger-
ous to life or health and made findings pursuant to paragraph (b) of
subdivision three of section one thousand three hundred eighty-nine-b of
the public health law; THE COMMISSIONER OF HEALTH OR THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION HAS DETERMINED THAT IMMEDIATE ACTION IN THE
FORM OF A REMEDIAL INVESTIGATION AND/OR AN INTERIM REMEDIAL MEASURE IS
NECESSARY TO ABATE A THREAT TO THE PUBLIC HEALTH OR THE ENVIRONMENT; OR
THE SITE IS OWNED BY THE STATE OR THE STATE IS A RESPONSIBLE PERSON.
§ 10. Paragraphs (a) and (j) of subdivision 3 of section 97-b of the
state finance law, paragraph (a) as amended by section 4 of part I of
chapter 1 of the laws of 2003 and paragraph (j) as amended by section 5
of part T of chapter 57 of the laws of 2017, are amended and a new para-
graph (k) is added to read as follows:
(a) inactive hazardous waste disposal site remedial programs pursuant
to section 27-1313 of the environmental conservation law and section
thirteen hundred eighty-nine-b of the public health law, INCLUDING SITES
THAT ARE OWNED BY THE STATE;
(j) with respect to moneys in the hazardous waste remediation over-
sight and assistance account, technical assistance grants pursuant to
S. 3008 124 A. 3008
titles thirteen and fourteen of article twenty-seven of the environ-
mental conservation law; AND
(K) WITH RESPECT TO MONEYS IN THE HAZARDOUS WASTE REMEDIATION OVER-
SIGHT AND ASSISTANCE ACCOUNT, OVERSIGHT EXPENDITURES FOR ENSURING THE
CONTINUED MAINTENANCE AND OPERATION OF ENGINEERING CONTROLS PURSUANT TO
SUBDIVISION SEVEN OF SECTION 27-1415 OF THE ENVIRONMENTAL CONSERVATION
LAW.
§ 11. Subdivision 3 of section 1285-q of the public authorities law,
as amended by section 43 of part BB of chapter 56 of the laws of 2015,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects and environmental
restoration projects authorized by this section shall not exceed [two]
THREE billion [two] FOUR hundred FIFTY million dollars [and shall not
exceed one hundred million dollars for appropriations enacted for any
state fiscal year], provided that the bonds not issued for such appro-
priations may be issued pursuant to reappropriation in subsequent fiscal
years. No bonds shall be issued for the repayment of any new appropri-
ation enacted after March thirty-first, two thousand [twenty-six] THIR-
TY-SIX for hazardous waste site remediation projects authorized by this
section. Amounts authorized to be issued by this section shall be exclu-
sive of bonds issued to fund any debt service reserve funds, pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by this state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 12. This act shall take effect immediately.
PART SS
Section 1. Subdivision 1 of section 391-u of the general business law,
as added by chapter 88 of the laws of 2020, is amended by adding a new
paragraph (h) to read as follows:
(H) "INTENTIONALLY ADDED" SHALL HAVE THE SAME MEANING AS "INTEN-
TIONALLY ADDED CHEMICAL" IN SUBDIVISION FOUR OF SECTION 37-0121 OF THE
ENVIRONMENTAL CONSERVATION LAW.
§ 2. Paragraph (b) of subdivision 4 of section 391-u of the general
business law, as added by chapter 88 of the laws of 2020, is amended to
read as follows:
(b) A manufacturer that produces, sells, or distributes a class B
firefighting foam prohibited under subdivision three of this section
shall recall [the] SUCH product, which [includes] AT ANY TIME HAS BEEN
MANUFACTURED, SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE OR USE.
SUCH RECALL SHALL INCLUDE collection, transport, treatment, storage, and
safe [disposal, after the implementation date of the restrictions set
forth in subdivision three of this section] DESTRUCTION OF PFAS CHEMI-
CALS THROUGH OR BY A METHOD APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION and [reimburse] REIMBURSEMENT OF the retailer or any other
purchaser for the product.
§ 3. Subdivision 5 of section 391-u of the general business law, as
added by chapter 88 of the laws of 2020, is amended by adding a new
paragraph (c) to read as follows:
S. 3008 125 A. 3008
(C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MANUFACTURER
OR OTHER PERSON THAT SELLS FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT TO
A PERSON, LOCAL GOVERNMENT, OR STATE AGENCY SHALL NOT MANUFACTURE, KNOW-
INGLY SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE OR DISTRIBUTE FOR USE IN
THE STATE ANY FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT CONTAINING
INTENTIONALLY ADDED PFAS CHEMICALS.
§ 4. This act shall take effect immediately.
PART TT
Section 1. This act enacts into law major components of legislation
necessary for related land acquisition for conservation purposes. Each
component is wholly contained within a Subpart identified as Subparts A
through B. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Subpart
in which it is found. Section three of this act sets forth the general
effective date of this act.
SUBPART A
Section 1. Subdivision 1 of section 3-0305 of the environmental
conservation law, as added by chapter 727 of the laws of 1978, is
amended to read as follows:
1. The commissioner when moneys therefor have been appropriated by
the legislature or are otherwise available, may acquire any real proper-
ty which [he] SUCH COMMISSIONER deems necessary for any of the purposes
or functions of the department, by purchase or as provided in the
eminent domain procedure law. Title to such real property shall be
taken in the name of and be vested in the people of the state of New
York. No real property, EXCEPT CONSERVATION EASEMENTS, shall be so
acquired by purchase unless the title thereto is approved by the attor-
ney general. The terms "property" or "real property" as used in this
section shall mean "real property" as defined by section one hundred
three of the eminent domain procedure law.
§ 2. This act shall take effect immediately.
SUBPART B
Section 1. Section 1405 of the tax law is amended by adding a new
subdivision (c) to read as follows:
(C) CONVEYANCES OF REAL PROPERTY FOR OPEN SPACE, PARKS, OR HISTORIC
PRESERVATION PURPOSES TO ANY NOT-FOR-PROFIT TAX EXEMPT CORPORATION OPER-
ATED FOR CONSERVATION, ENVIRONMENTAL, PARKS OR HISTORIC PRESERVATION
PURPOSES SHALL BE EXEMPT FROM PAYMENT OF ADDITIONAL TAXES IMPOSED PURSU-
ANT TO SECTION FOURTEEN HUNDRED FIVE-A OF THIS ARTICLE.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
S. 3008 126 A. 3008
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subpart.
PART UU
Section 1. Subdivision 7 of section 13-0331 of the environmental
conservation law, as amended by chapter 243 of the laws of 2022, is
amended to read as follows:
7. The department may, until December thirty-first, two thousand
[twenty-four] TWENTY-NINE, fix by regulation measures for the management
of crabs of any kind including horseshoe crabs (Limulus sp.), including
minimum and maximum size limits, catch and possession limits, open and
closed seasons including lunar closures, closed areas, restrictions on
the manner of taking and landing including a prohibition on the harvest
of crabs in amplexus, requirements for permits and eligibility therefor,
recordkeeping requirements, requirements on the amount and type of fish-
ing effort and gear, and requirements relating to transportation,
possession and sale, provided that such regulations are no less restric-
tive than requirements set forth in this chapter and provided further
that such regulations are consistent with the compliance requirements of
applicable fishery management plans adopted by the Atlantic States
Marine Fisheries Commission and with applicable provisions of fishery
management plans adopted pursuant to the Federal Fishery Conservation
and Management Act (16 U.S.C. § 1800 et seq.).
§ 2. This act shall take effect immediately.
PART VV
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 $35,725,000
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
2023. 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, 2025 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2025. Upon receipt,
the New York state energy research and development authority shall
deposit such funds in the energy research and development operating fund
S. 3008 127 A. 3008
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 such chief executive officer's 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 item-
ized record shall include an itemized breakdown of the programs being
funded by this section and the amount committed to each program. The
authority shall not commit for any expenditure, any moneys derived from
the assessment provided for in this section, until the chair of such
authority shall have submitted, and the director of the budget shall
have approved, a comprehensive financial plan encompassing all moneys
available to and all anticipated commitments and expenditures by such
authority from any source for the operations of such authority. Copies
of the approved comprehensive financial plan shall be immediately
submitted by the chair to the chairs and secretaries of the legislative
fiscal committees. Any such amount not committed by such authority to
contracts or contracts to be awarded or otherwise expended by the
authority during the fiscal year shall be refunded by such authority on
a pro-rata basis to such gas and/or electric corporations, in a manner
to be determined by the department of public service, and any refund
amounts must be explicitly lined out in the itemized record described
above.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART WW
Section 1. Section 103 of the abandoned property law is amended by
adding a new subdivision (j) to read as follows:
(J) "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY ELIGIBLE
TO SELL ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION OR
DISTRIBUTION SYSTEM OF A UTILITY.
§ 2. Subdivision (f) of section 103 of the abandoned property law, as
amended by chapter 498 of the laws of 1944 and relettered by chapter 908
of the laws of 1974, is amended to read as follows:
(f) "Utility services" means gas, electricity or steam supplied by a
gas, electric, gas and electric or district steam corporation OR AN
ENERGY SERVICES COMPANY, telephone, telegraph or other service furnished
by a telephone, telegraph or telegraph and telephone corporation, water
supplied by a waterworks corporation, or appliances, equipment, instal-
lations, fixtures or appurtenances rented by any such corporation OR
COMPANY.
§ 3. Section 400 of the abandoned property law, the opening paragraph
of subdivision 1 as amended by chapter 498 of the laws of 1944, para-
graphs (a) and (b) of subdivision 1 as amended by chapter 78 of the laws
of 1976, and paragraph (c) of subdivision 1 as amended by chapter 833 of
the laws of 1963, is amended to read as follows:
S. 3008 128 A. 3008
§ 400. Unclaimed deposits and refunds for utility services. 1. The
following unclaimed moneys held or owing by a gas corporation, an elec-
tric corporation, a gas and electric corporation, a district steam
corporation, AN ENERGY SERVICES COMPANY, a telegraph corporation, a
telephone corporation, a telegraph and telephone corporation, or a
waterworks corporation, shall be deemed abandoned property:
(a) Any deposit made by a consumer or subscriber with such a corpo-
ration OR COMPANY to secure the payment for utility services furnished
by such corporation OR COMPANY, or the amount of such deposit after
deducting any sums due to such corporation OR COMPANY by such consumer
or subscriber, together with any interest due thereon, which shall have
remained unclaimed by the person or persons appearing to be entitled
thereto for two years after the termination of the utility services to
secure the payment of which such deposit was made, or, if during such
two year period utility services are furnished by such corporation OR
COMPANY to such consumer or subscriber and such deposit is held by such
corporation OR COMPANY to secure payment therefor, for two years after
the termination of such utility services.
(b) Any amount paid by a consumer or subscriber to such a corporation
OR COMPANY in advance or in anticipation of utility services furnished
or to be furnished by such corporation OR COMPANY which in fact is not
furnished, after deducting any sums due to such corporation OR COMPANY
by such consumer or subscriber for utility services in fact furnished,
which shall have remained unclaimed by the person or persons appearing
to be entitled thereto for two years after the termination of the utili-
ty services for which such amount was paid in advance or in antic-
ipation, or, if during such period utility services are furnished by
such corporation OR COMPANY to such consumer or subscriber and such
amount is applied to the payment in advance or in anticipation of such
utility services, for two years after the termination of such utility
services.
(c) The amount of any refund of excess or increased rates or charges
heretofore or hereafter collected by any such corporation OR COMPANY for
utility services lawfully furnished by such corporation OR COMPANY which
has been or shall hereafter lawfully be ordered refunded to a consumer
or other person or persons entitled thereto, together with any interest
due thereon, less any lawful deductions, which shall have remained
unclaimed by the person or persons entitled thereto for two years from
the date it became payable in accordance with the final determination or
order providing for such refund.
2. Any such abandoned property held or owing by such a corporation OR
COMPANY to which the right to receive the same is established to the
satisfaction of such corporation OR COMPANY shall cease to be deemed
abandoned.
§ 4. Subdivision 1 of section 402 of the abandoned property law, as
amended by section 11 of part A of chapter 61 of the laws of 2011, is
amended to read as follows:
1. Every such corporation OR COMPANY shall cause to be published, on
or before the first day of September in each year, a notice entitled:
"NOTICE OF CERTAIN UNCLAIMED PROPERTY HELD BY (name of corporation OR
COMPANY)."
§ 5. Paragraph (a) of subdivision 3 of section 402 of the abandoned
property law is amended to read as follows:
(a) that a report of unclaimed amounts of money or other property held
or owing by it has been made to the state comptroller and that a list of
the names of the person or persons appearing from the records of such
S. 3008 129 A. 3008
corporation OR COMPANY to be entitled thereto is on file and open to
public inspection at its principal office or place of business in any
city, village or county where any such abandoned property is payable;
§ 6. Subdivision 4 of section 402 of the abandoned property law is
amended to read as follows:
4. Such corporation OR COMPANY shall file with the state comptroller
on or before the tenth day of September in each year proof by affidavit
of such publication.
§ 7. Section 403 of the abandoned property law, as amended by section
12 of part A of chapter 61 of the laws of 2011, is amended to read as
follows:
§ 403. Payment of abandoned property. 1. In such succeeding month of
October, and on or before the tenth day thereof, every such corporation
OR COMPANY shall pay to the state comptroller all property which, as of
the first day of July next preceding, was deemed abandoned pursuant to
section four hundred of this article, held or owing by such corporation
OR COMPANY.
2. Such payment shall be accompanied by a true and accurate report
setting forth such information as the state comptroller may require
relating to such abandoned property including:
(a) as to abandoned property specified in paragraphs (a) and (b) of
subdivision one of section four hundred of this article:
(i) the name and last known address of each depositor or subscriber
appearing from the records of such corporation OR COMPANY to be entitled
to receive any such abandoned property;
(ii) the date when the deposit was made or amount paid;
(iii) the amount of such deposit or payment;
(iv) the date when utility services furnished to such consumer or
subscriber ceased;
(v) any sums due and unpaid to the corporation OR COMPANY by such
consumer or subscriber, with interest thereon from the date of termi-
nation of service;
(vi) the amount of interest due upon such deposit or payment on any
balance thereof that has remained with such corporation OR COMPANY and
not been credited to such consumer's or subscriber's account;
(vii) the amount of such abandoned property; and
(viii) such other identifying information as the state comptroller may
require.
(b) as to abandoned property specified in paragraph (c) of subdivision
one of section four hundred of this article:
(i) the name and last known address of each person appearing from the
records of such corporation OR COMPANY to be entitled to receive the
same;
(ii) the amount appearing from such records to be due each such
person;
(iii) the date payment became due; and
(iv) such other identifying information as the state comptroller may
require.
3. Such report shall be in such form and the abandoned property listed
shall be classified in such manner as the state comptroller may
prescribe. Names of persons entitled to such abandoned property appear-
ing in such report shall be listed in alphabetical order within each
such classification.
§ 8. This act shall take effect immediately.
PART XX
S. 3008 130 A. 3008
Section 1. Expenditures of moneys appropriated to the department of
agriculture and markets from the special revenue funds-other/state oper-
ations, miscellaneous special revenue fund-339, public service account
shall be subject to the provisions of this section. Notwithstanding any
other provision of law to the contrary, direct and indirect expenses
relating to the department of agriculture and markets' participation in
general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings or permits issued pursuant to
article 7, 8, 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.
§ 2. Expenditures of moneys appropriated to the department of state
from the special revenue funds-other/state operations, miscellaneous
special revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the activities
of the department of state's utility intervention unit pursuant to
subdivision 4 of section 94-a of the executive law, including, but not
limited to participation in general ratemaking proceedings pursuant to
section 65 of the public service law or certification proceedings or
permits issued pursuant to article 7, 8, 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.
§ 3. Expenditures of moneys appropriated to the office of parks,
recreation and historic preservation from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the office of parks, recreation and
historic preservation's participation in general ratemaking proceedings
pursuant to section 65 of the public service law or certification
proceedings or permits issued pursuant to article 7, 8, 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.
§ 4. Expenditures of moneys appropriated to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, environmental conservation special revenue fund-301, utility
environmental regulation account shall be subject to the provisions of
this section. Notwithstanding any other provision of law to the contra-
ry, direct and indirect expenses relating to the department of environ-
mental conservation's participation in state energy policy proceedings,
or certification proceedings or permits issued pursuant to article 7, 8,
or 10 of the public service law, shall be deemed expenses of the depart-
ment of public service within the meaning 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.
§ 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.
S. 3008 131 A. 3008
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025 and shall
expire and be deemed repealed April 1, 2030.
PART YY
Section 1. Paragraph a of subdivision 1 of section 765 of the general
business law, as amended by section 6 of part X of chapter 57 of the
laws of 2013, is amended to read as follows:
a. Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [two thousand
five hundred] FIVE THOUSAND dollars for the first violation and up to an
additional [ten] TWENTY thousand dollars for each succeeding violation
that occurs within a twelve month period.
§ 2. Paragraph c of subdivision 1 of section 765 of the general busi-
ness law, as amended by chapter 445 of the laws of 1995, is amended to
read as follows:
c. An action to recover a penalty under this article may be brought in
the supreme court in the judicial district in which the violation was
alleged to have occurred which shall be commenced and prosecuted by the
attorney general. The public service commission shall, pursuant to
section one hundred nineteen-b of the public service law, forward to the
attorney general its determination of the amount of the penalty for
violations or rules and regulations adopted to implement the require-
ments of this article. Upon receipt of such determination, the attorney
general may commence an action to recover such penalty. All moneys
recovered in any such action, together with the costs thereof, AND ALL
MONEYS RECOVERED AS THE RESULT OF ANY SUCH PUBLIC SERVICE COMMIS-
SION DETERMINATION shall be paid into the [state treasury to the credit
of the general fund] ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT
TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
§ 3. Subdivision 3 of section 92-s of the state finance law, as
amended by chapter 734 of the laws of 2021, is amended to read as
follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
S. 3008 132 A. 3008
deposited pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, all moneys collected
pursuant to title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the greater of the amount
received from April first, two thousand twelve through March thirty-
first, two thousand thirteen or one hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section 27-1015 of the environmental
conservation law, all moneys required to be deposited pursuant to
sections 27-2805 and 27-2807 of the environmental conservation law, all
moneys collected pursuant to section 71-2730 of the environmental
conservation law, ALL MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO
SECTION SEVEN HUNDRED SIXTY-FIVE OF THE GENERAL BUSINESS LAW, all moneys
required to be deposited pursuant to section 27-3205 of the environ-
mental conservation law, and all other moneys credited or transferred
thereto from any other fund or source pursuant to law. All such revenue
shall be initially deposited into the environmental protection fund, for
application as provided in subdivision five of this section.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to paragraph c of subdivision 1 of section 765 of the
general business law made by section two of this act shall take effect
on the same date as the reversion of such paragraph as provided in
section 4 of chapter 522 of the laws of 2000, as amended.
PART ZZ
Section 1. Subdivision (a) of section 314 of the tax law, as amended
by chapter 190 of the laws of 1990, is amended to read as follows:
(a) General.--Except in accordance with proper judicial order or as
otherwise provided by law, it shall be unlawful for any tax commission-
er, any officer or employee of the department of taxation and finance,
or any person who, pursuant to this section, is permitted to inspect any
return, or to whom any information contained in any return is furnished,
or any person engaged or retained by such department on an independent
contract basis, or any person who in any manner may acquire knowledge of
the contents of a return filed pursuant to this article, to divulge or
make known in any manner the amount of income or gross receipts or any
particulars set forth or disclosed in any return under this article. The
officers charged with the custody of such returns shall not be required
to produce any of them or evidence of anything contained in them in any
action or proceeding in any court, except on behalf of the state or the
commissioner of taxation and finance in an action or proceeding under
the provisions of this chapter or in any other action or proceeding
involving the collection of a tax due under this chapter to which the
state or the commissioner is a party or a claimant, or on behalf of any
party to any action or proceeding under the provisions of this article
when the returns or facts shown thereby are directly involved in such
action or proceeding, in any of which events the court may require the
production of, and may admit in evidence, so much of said returns or of
the facts shown thereby as are pertinent to the action or proceeding and
no more. The commissioner may, nevertheless, publish a copy or a summary
S. 3008 133 A. 3008
of any determination or decision rendered after the formal hearing
provided for in this chapter. Nothing herein shall be construed to
prohibit the delivery to a petroleum business or its duly authorized
representative of a copy of any return filed by it, nor to prohibit the
publication of statistics so classified as to prevent the identification
of particular returns and the items thereof, OR THE DISCLOSURE OF DATA
OTHER THAN TAXPAYER IDENTITY INFORMATION FROM A RETURN OR RETURNS OF ONE
OR MORE PETROLEUM OR FOSSIL FUEL BUSINESSES TO THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION OR THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY FOR THE PURPOSE OF IMPLEMENTING THE CLIMATE LEADERSHIP
AND COMMUNITY PROTECTION ACT, CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
THOUSAND NINETEEN, PROMULGATION OF REGULATIONS THEREUNDER, AND ACHIEVE-
MENT OF THE STATEWIDE GREENHOUSE GAS EMISSION LIMITS, AS DEFINED AND
ESTABLISHED IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION
LAW, or the publication of delinquent lists showing the names of petro-
leum businesses who have failed to pay their taxes at the time and in
the manner provided by section three hundred eight of this article
together with any relevant information which in the opinion of the
commissioner may assist in the collection of such delinquent taxes; or
the inspection by the attorney general or other legal representatives of
the state of the return of any petroleum business which shall bring
action to set aside or review the tax based thereon, or against whom an
action or proceeding under this chapter has been recommended by the
commissioner or the attorney general or has been instituted; or the
inspection of the returns of any petroleum business by the comptroller
or duly designated officer or employee of the state department of audit
and control, for purposes of the audit of a refund of any tax paid by
such petroleum business under this article. Provided, further, nothing
herein shall be construed to prohibit the disclosure of taxpayer identi-
ty information, including name, mailing address and taxpayer identifying
number (social security account number, or such other number as has been
assigned by the secretary of the United States treasury or [his] SUCH
SECRETARY'S delegate, or by the commissioner of taxation and finance),
with respect to persons who are registered as residual petroleum product
or aviation fuel businesses under this article or as distributors of
motor fuel or diesel motor fuel or kero-jet fuel only for the purpose of
article twelve-A of this chapter or this article, whose registration as
a residual petroleum product business or as such distributor has been
cancelled or suspended pursuant to this article or such article twelve-A
or whose application for registration as a residual petroleum product
business or as such distributor has been refused pursuant to this arti-
cle or such article twelve-A. In addition, the commissioner may disclose
the fact that a person is not registered as a residual petroleum busi-
ness under this article or as a distributor of motor fuel, diesel motor
fuel or kero-jet fuel only under article twelve-A of this chapter.
Information disclosed pursuant to this subdivision shall not, by itself,
be construed as proof of compliance or noncompliance with the provisions
of this chapter.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
S. 3008 134 A. 3008
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 ZZ of this act shall be
as specifically set forth in the last section of such Parts.
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