S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3008--A                                            A. 3008--A
 
                       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 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12573-02-5
 S. 3008--A                          2                         A. 3008--A
 
   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
   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
 S. 3008--A                          3                         A. 3008--A
 
   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);
   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
 S. 3008--A                          4                         A. 3008--A
 
   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
   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); to
   amend  the tax law, in relation to authorizing the department of taxa-
   tion 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); to
   amend the vehicle and traffic law, in  relation  to  establishing  and
   providing  distinctive  license  plates  for  gold star families (Part
   AAA); and establishing a commission to ensure the replacement  of  the
   statue  of  Robert  R. Livingston in the National Statuary Hall of the
   United States Capitol with a statue of Harriet Tubman (Part BBB )
 
   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  BBB. 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.
 S. 3008--A                          5                         A. 3008--A
 
   §  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]
 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
 S. 3008--A                          6                         A. 3008--A
 
 --------------------------------------------
 In  the  Metropolitan Commuter
   Transportation District:
 New York City ................          6.40
 Dutchess .....................          1.30
 Nassau .......................         39.60
 Orange .......................          0.50
 Putnam .......................          1.30
 Rockland .....................          0.10
 Suffolk ......................         25.70
 Westchester ..................         25.10
 In the Capital District Trans-
   portation District:
 Albany .......................         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-
 S. 3008--A                          7                         A. 3008--A
 
 tion. Copies of such reports shall also be filed with  the  chairpersons
 of  the senate finance committee and the assembly ways and means commit-
 tee and the director of the budget. The commissioner  of  transportation
 may withhold future state operating assistance payments to public trans-
 portation systems or private operators that do not provide such reports.
   Payments may be made in quarterly installments as provided in subdivi-
 sion 2 of section 18-b of the transportation law or in such other manner
 and  at such other times as the commissioner of transportation, with the
 approval of the director of the budget, may provide; and  where  payment
 is  not  made in the manner provided by such subdivision 2, the matching
 payments required of any city, county, Indian  tribe  or  intercity  bus
 company  shall  be made within 30 days of the payment of state operating
 assistance pursuant to this section or on such other  basis  as  may  be
 agreed  upon  by the commissioner of transportation, the director of the
 budget, and the chief executive officer of  such  city,  county,  Indian
 tribe or intercity bus company.
   The commissioner of transportation shall be required to annually eval-
 uate the operating and financial performance of each major public trans-
 portation  system. Where the commissioner's evaluation process has iden-
 tified a problem related to system  performance,  the  commissioner  may
 request the system to develop plans to address the performance deficien-
 cies. The commissioner of transportation may withhold future state oper-
 ating  assistance  payments  to public transportation systems or private
 operators that do not provide such operating, financial, or other infor-
 mation as may be required by the commissioner to conduct the  evaluation
 process.
   Payments  shall  be  made  contingent upon compliance with regulations
 deemed necessary and appropriate, as prescribed by the  commissioner  of
 transportation  and  approved by the director of the budget, which shall
 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
 S. 3008--A                          8                         A. 3008--A
 
 approval  by  the  commissioner  of  transportation.  In such event, the
 succeeding payment shall be adjusted to reflect the  difference  between
 the actual and estimated total number of revenue passengers and vehicle,
 nautical  or  car  miles used as the basis of the estimated payment. The
 chief executive officer may apply for less aid than the system is eligi-
 ble to receive. Each quarterly payment shall be attributable to  operat-
 ing expenses incurred during the quarter in which it is received, unless
 otherwise  specified  by such commissioner.   In the event that a public
 transportation system ceases to participate in  the  program,  operating
 assistance  due  for the final quarter that service is provided shall be
 based upon the actual total number of revenue passengers and the  actual
 total number of vehicle, nautical or car miles carried during that quar-
 ter.
   Payments  shall  be  contingent  on compliance with audit requirements
 determined by the commissioner of transportation.
   In the event that an  audit  of  a  public  transportation  system  or
 private  operator receiving funds discloses the existence of an overpay-
 ment of state operating assistance, regardless of whether such an  over-
 payment  results  from  an  audit  of  revenue passengers and the actual
 number of revenue vehicle miles statistics, or an audit of private oper-
 ators in cases where more than a reasonable return based  on  equity  or
 operating revenues and expenses has resulted, the commissioner of trans-
 portation,  in  addition  to  recovering  the  amount of state operating
 assistance overpaid, shall also recover  interest,  as  defined  by  the
 department of taxation and finance, on the amount of the overpayment.
   Notwithstanding  any  other  law,  rule or regulation to the contrary,
 whenever the commissioner of transportation is  notified  by  the  comp-
 troller  that  the  amount  of  revenues  available  for payment from an
 account is less than the total amount of money for which the public mass
 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-
 S. 3008--A                          9                         A. 3008--A
 
 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:
   (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
 S. 3008--A                         10                         A. 3008--A

 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,
 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
 S. 3008--A                         11                         A. 3008--A
 
 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
 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
 S. 3008--A                         12                         A. 3008--A
 
 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.
   (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
 S. 3008--A                         13                         A. 3008--A
 
 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.
   (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
 S. 3008--A                         14                         A. 3008--A
 
 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
 (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
 S. 3008--A                         15                         A. 3008--A
 
 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.
   (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
 S. 3008--A                         16                         A. 3008--A

 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.
   (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
 S. 3008--A                         17                         A. 3008--A
 
 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
 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
 S. 3008--A                         18                         A. 3008--A
 
 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
 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
 S. 3008--A                         19                         A. 3008--A
 
   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.
   § 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
 S. 3008--A                         20                         A. 3008--A
 
 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
 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-
 S. 3008--A                         21                         A. 3008--A
 
 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:
   § 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-
 S. 3008--A                         22                         A. 3008--A
 
 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.
   §  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
 S. 3008--A                         23                         A. 3008--A
 
 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:
   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
 S. 3008--A                         24                         A. 3008--A
 
 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
 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
 S. 3008--A                         25                         A. 3008--A
 
 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
 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
 S. 3008--A                         26                         A. 3008--A
 
 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.
   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;
 S. 3008--A                         27                         A. 3008--A

   (D)  "WEIGH-IN-MOTION  PROGRAM"  SHALL  MEAN THE PROGRAM AUTHORIZED BY
 THIS SECTION THAT OPERATES EXCLUSIVELY ON COVERED  AGENCY  OR  AUTHORITY
 FACILITIES;
   (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-
 S. 3008--A                         28                         A. 3008--A
 
 MOTION VIOLATION MONITORING SYSTEM WHICH RECORDED THE VIOLATION OR OTHER
 DOCUMENT LOCATOR NUMBER, ONE OR MORE DATE AND TIME STAMPED IMAGES  IDEN-
 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.
 S. 3008--A                         29                         A. 3008--A
 
   (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.
   (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-
 S. 3008--A                         30                         A. 3008--A
 
 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
 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.
 S. 3008--A                         31                         A. 3008--A
 
   4.  "FULL  OBSTRUCTION" MEANS THE OCCUPATION OF THE ENTIRE LENGTH OF A
 CURB LANE, VEHICULAR TRAVEL LANE, OR SIDEWALK  FOR  CONSTRUCTION-RELATED
 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;
 S. 3008--A                         32                         A. 3008--A
 
   (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
 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,
 S. 3008--A                         33                         A. 3008--A
 
 STATE OR LOCAL GOVERNMENT ENTITY, PUBLIC BENEFIT CORPORATION  OR  PUBLIC
 HOUSING  AUTHORITY, RELATING TO THE CREATION OR PRESERVATION OF AFFORDA-
 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.
 S. 3008--A                         34                         A. 3008--A
 
         11-3202 SURCHARGE FOR PERMIT TO OBSTRUCT OR CLOSE THE STREET FOR
                  CONSTRUCTION-RELATED PURPOSES.
         11-3203 GENERAL POWERS OF THE COMMISSIONER OF TRANSPORTATION.
         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.
 S. 3008--A                         35                         A. 3008--A
 
   (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
 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:
 S. 3008--A                         36                         A. 3008--A
 
   (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.
   (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
 S. 3008--A                         37                         A. 3008--A
 
 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
 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
 S. 3008--A                         38                         A. 3008--A
 
 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
 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
 S. 3008--A                         39                         A. 3008--A
 
 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
 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
 S. 3008--A                         40                         A. 3008--A
 
 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
 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
 S. 3008--A                         41                         A. 3008--A
 
 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
 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
 S. 3008--A                         42                         A. 3008--A
 
 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.
   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
 S. 3008--A                         43                         A. 3008--A
 
 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
 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
 S. 3008--A                         44                         A. 3008--A
 
 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. [(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
 S. 3008--A                         45                         A. 3008--A
 
 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
 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
 S. 3008--A                         46                         A. 3008--A
 
 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-
 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
 S. 3008--A                         47                         A. 3008--A
 
 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 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
 S. 3008--A                         48                         A. 3008--A
 
 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
 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.
 S. 3008--A                         49                         A. 3008--A
 
   (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  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
 S. 3008--A                         50                         A. 3008--A
 
 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.
   §  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
 S. 3008--A                         51                         A. 3008--A
 
 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
 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,
 S. 3008--A                         52                         A. 3008--A

 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
 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
 S. 3008--A                         53                         A. 3008--A
 
 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 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
 S. 3008--A                         54                         A. 3008--A
 
 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  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
 S. 3008--A                         55                         A. 3008--A
 
 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.
   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:
 S. 3008--A                         56                         A. 3008--A
 
   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
 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
 S. 3008--A                         57                         A. 3008--A
 
 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 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
 S. 3008--A                         58                         A. 3008--A
 
 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-
 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
 S. 3008--A                         59                         A. 3008--A
 
 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
 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.
 S. 3008--A                         60                         A. 3008--A
 
   §  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
 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
 S. 3008--A                         61                         A. 3008--A
 
 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.
   § 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
 S. 3008--A                         62                         A. 3008--A

 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
 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
 S. 3008--A                         63                         A. 3008--A
 
 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
 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
 S. 3008--A                         64                         A. 3008--A

 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
 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.
 S. 3008--A                         65                         A. 3008--A
 
   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
 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
 S. 3008--A                         66                         A. 3008--A
 
 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.
 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-
 S. 3008--A                         67                         A. 3008--A

 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
   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
 S. 3008--A                         68                         A. 3008--A
 
 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
 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
 S. 3008--A                         69                         A. 3008--A

 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-
 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
 S. 3008--A                         70                         A. 3008--A
 
 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
 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.
 S. 3008--A                         71                         A. 3008--A
 
   (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.
   (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
 S. 3008--A                         72                         A. 3008--A
 
   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.
         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.
 S. 3008--A                         73                         A. 3008--A
 
   6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
 OR ANY OTHER BUSINESS ORGANIZATION.
   §  737. LICENSE. 1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
 IZATION AS DEFINED IN THIS ARTICLE, SHALL  ACT  AS  A  BUY-NOW-PAY-LATER
 LENDER  WITHOUT  FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT UNDER
 THIS ARTICLE.
   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
 S. 3008--A                         74                         A. 3008--A
 
 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
 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;
 S. 3008--A                         75                         A. 3008--A
 
   (B)  ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
 OF THE  ORIGINAL  APPLICATION  FOR  SUCH  LICENSE,  CLEARLY  WOULD  HAVE
 WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
   (C)  THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
 BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING  OR  REQUIRE-
 MENT OF THE SUPERINTENDENT.
   2.  ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
 INTENDENT WRITTEN NOTICE  THAT  THE  LICENSEE  THEREBY  SURRENDERS  SUCH
 LICENSE.  SUCH  SURRENDER  SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
 SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL  OR  CRIMINAL
 LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
   3.  EVERY  LICENSE ISSUED 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
 S. 3008--A                         76                         A. 3008--A
 
 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.
   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 DECEPTIVE OR UNFAIR 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
 S. 3008--A                         77                         A. 3008--A
 
 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
 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
 S. 3008--A                         78                         A. 3008--A
 
 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.
   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  DECEPTIVE  OR UNFAIR 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
 S. 3008--A                         79                         A. 3008--A
 
 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
 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-
 S. 3008--A                         80                         A. 3008--A
 
 ence  and  memoranda  concerning or arising out of such examinations and
 investigations", includes any such materials of  a  bank,  insurance  or
 securities  regulatory  agency  or any unit of the federal government or
 that  of  this  state  any other state or that of any foreign government
 which are considered confidential by such agency or unit and  which  are
 in  the possession of the department or which are otherwise confidential
 materials that have been shared by the department with any  such  agency
 or unit and are in the possession of such agency or unit.
   § 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
 by chapter 360 of the laws of 1984, are amended to read as follows:
   3. In addition to any reports expressly required by this chapter to be
 made,  the superintendent may require any banking organization, licensed
 lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed  casher  of  checks,
 licensed  mortgage  banker,  foreign banking corporation licensed by the
 superintendent to do business in this state, bank  holding  company  and
 any  non-banking  subsidiary thereof, corporate affiliate of a corporate
 banking organization within the meaning of subdivision  six  of  section
 thirty-six  of  this  article and any non-banking subsidiary of a corpo-
 ration which is an affiliate of a corporate banking organization  within
 the  meaning  of subdivision six-a of section thirty-six of this article
 to make special reports to [him] 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.
 S. 3008--A                         81                         A. 3008--A
 
   2. To discontinue unauthorized or unsafe and unsound practices.  When-
 ever  it  shall  appear to the superintendent that any banking organiza-
 tion, bank holding company, registered mortgage broker,  licensed  mort-
 gage  banker,  licensed  student loan servicer, registered mortgage loan
 servicer,  licensed  mortgage loan originator, licensed lender, LICENSED
 BUY-NOW-PAY-LATER LENDER, licensed  casher  of  checks,  licensed  sales
 finance  company,  licensed  insurance  premium finance agency, licensed
 transmitter of money, licensed budget planner, out-of-state  state  bank
 that  maintains  a branch or branches or representative or other offices
 in this state, or foreign banking corporation  licensed  by  the  super-
 intendent  to  do  business  in  this state is conducting business in an
 unauthorized or unsafe and unsound manner, [he or she]  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
 S. 3008--A                         82                         A. 3008--A
 
 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.
   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:
 S. 3008--A                         83                         A. 3008--A
 
   4.  The  name  and  location of every private banker, licensed lender,
 licensed casher of checks, sales finance company, LICENSED  BUY-NOW-PAY-
 LATER  LENDER  and  foreign corporation the authorization certificate or
 license of which has been revoked, and the date of such revocation.
   §  10.  Subdivision  5 of section 42 of the banking law, as amended by
 chapter 249 of the laws of 1968, is amended to read as follows:
   5. The name of every banking organization, licensed  lender,  licensed
 casher  of  checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
 ration which has applied for leave to change its place  or  one  of  its
 places  of  business  and  the  places  from  and to which the change is
 proposed to be made; the name of every banking  organization  which  has
 applied  to  change  the designation of its principal office to a branch
 office and to change the designation of one of its branch offices to its
 principal office, and the location of  the  principal  office  which  is
 proposed  to be redesignated as a branch office and of the branch office
 which is proposed to be redesignated as the principal office.
   § 11. Subdivision 6 of section 42 of the banking law,  as  amended  by
 chapter 249 of the laws of 1968, is amended to read as follows:
   6.  The  name of every banking organization, licensed lender, licensed
 casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and  foreign  corpo-
 ration  authorized  to change its place or one of its places of business
 and the date when and the places from and to which the change is author-
 ized to be made; the name of every banking  organization  authorized  to
 change the designation of its principal office to a branch office and to
 change  the  designation of a branch office to its principal office, the
 location of the redesignated principal office and  of  the  redesignated
 branch office, and the date of such change.
   § 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
 as  amended by section 4 of part L of chapter 58 of the laws of 2019, is
 amended to read as follows:
   (a) Without limiting any power granted to the superintendent under any
 other provision of this chapter, the superintendent may, in a proceeding
 after notice and a hearing, require any safe deposit  company,  licensed
 lender,  LICENSED  BUY-NOW-PAY-LATER  LENDER, licensed casher of checks,
 licensed sales finance company, licensed insurance premium finance agen-
 cy, licensed transmitter of money, licensed  mortgage  banker,  licensed
 student  loan  servicer,  registered  mortgage broker, licensed mortgage
 loan originator, registered mortgage loan servicer  or  licensed  budget
 planner  to  pay to the people of this state a penalty for any violation
 of this chapter, any regulation promulgated  thereunder,  any  final  or
 temporary  order issued pursuant to section thirty-nine of this article,
 any condition imposed in writing by  the  superintendent  in  connection
 with  the  grant of any application or request, or any written agreement
 entered into with the superintendent.
   § 13. This act shall take effect 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-
 S. 3008--A                         84                         A. 3008--A
 
 intendent pursuant to this act is authorized to be made and completed on
 or before such effective date.
 
                                  PART Z
 
   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.
 S. 3008--A                         85                         A. 3008--A
 
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART AA
 
   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
 S. 3008--A                         86                         A. 3008--A
 
 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
 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
 S. 3008--A                         87                         A. 3008--A
 
 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.
   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
 S. 3008--A                         88                         A. 3008--A
 
 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-
 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. TRAININGS AND WRITTEN PROCEDURES.   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
 S. 3008--A                         89                         A. 3008--A
 
 THAT  A BANKING INSTITUTION MAY CONSIDER IN DETERMINING WHETHER TO APPLY
 A TRANSACTION HOLD TO A TRANSACTION PURSUANT TO PARAGRAPH (A) OF  SUBDI-
 VISION  TWO  OF  THIS  SECTION,  THE FORM AND MANNER OF ANY NOTIFICATION
 MANDATED  BY  SUBDIVISION TWO OF THIS SECTION, AND THE IMPLEMENTATION OF
 TRAINING PROGRAMS FOR BANKING INSTITUTION STAFF RELATING TO  RECOGNIZING
 FINANCIAL EXPLOITATION.
   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:
 S. 3008--A                         90                         A. 3008--A
 
   (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.
 
                                  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-
 S. 3008--A                         91                         A. 3008--A
 
 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-
 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.
 S. 3008--A                         92                         A. 3008--A
 
   § 2. The dormitory authority of the state of New York shall provide  a
 report  providing  information regarding any project undertaken pursuant
 to a design and construction management agreement, as authorized by part
 BB of chapter 58 of the laws of 2012, between the dormitory authority of
 the  state  of New York and the department of environmental conservation
 and/or the office of parks, recreation and historic preservation to  the
 governor,  the  temporary  president  of  the  senate and speaker of the
 assembly. Such report shall include but not be limited to a  description
 of  each  such  project,  the project identification number of each such
 project, if applicable, the projected date of completion, the status  of
 the  project, the total cost or projected cost of each such project, and
 the location, including the names of any county, town, village or  city,
 where  each  such  project  is  located or proposed. In addition, such a
 report shall be provided to the aforementioned parties by the first  day
 of  March  of each year that the authority to enter into such agreements
 pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 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.
 S. 3008--A                         93                         A. 3008--A
 
   5.  "Covered  bonds" means those tax exempt private activity bonds and
 that portion of the non-qualified amount of an issue of governmental use
 bonds for which an allocation of the statewide ceiling is  required  for
 the  interest  earned  by  holders of such bonds to be excluded from the
 gross  income  of such holders for federal income tax purposes under the
 code.
   6. "Director" means the director of the New York state division of the
 budget.
   7. "Issuer" means a local agency, state agency or other issuer.
   8. "Local agency" means an industrial development  agency  established
 or  operating pursuant to article 18-A of the general municipal law, the
 Troy industrial development authority and the Auburn industrial develop-
 ment authority.
   9. "Other issuer" means any agency,  political  subdivision  or  other
 entity, other than a local agency or state agency, that is authorized to
 issue covered bonds.
   10.  "Qualified  small issue bonds" means qualified small issue bonds,
 as defined in section 144(a) of the code.
   11. "State agency" means the state of New York,  the  New  York  state
 energy  research and development authority, the New York job development
 authority, the New York state environmental facilities corporation,  the
 New  York  state urban development corporation and its subsidiaries, the
 Battery Park city authority, the port authority  of  New  York  and  New
 Jersey,  the  power  authority  of  the state of New York, the dormitory
 authority of the state of New York, the New York state  housing  finance
 agency,  the  state  of  New  York mortgage agency, and any other public
 benefit corporation or public authority designated by the  governor  for
 the purposes of this act.
   12.  "Statewide ceiling" means for any calendar year the highest state
 ceiling (as such term is used in section 146 of the code) applicable  to
 New York state.
   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-
 S. 3008--A                         94                         A. 3008--A
 
 cated by the director to state agencies in accordance with the terms  of
 this section.
   2.  Allocation  of  statewide  bond reserve to local agencies or other
 issuers.
   (a) Local agencies or other issuers may  at  any  time  apply  to  the
 commissioner  for  an  allocation  from the statewide bond reserve. Such
 application shall demonstrate:
   (i) that the requested allocation is required under the code  for  the
 interest  earned  on  the  bonds to be excluded from the gross income of
 bondholders for federal income tax purposes;
   (ii) that the local  agency's  remaining  unused  allocation  provided
 pursuant  to  section  four  of  this  act, and other issuer's remaining
 unused allocation, or any available carryforward  will  be  insufficient
 for the specific project or projects for which the reserve allocation is
 requested; and
   (iii)  that,  except  for  those  allocations made pursuant to section
 thirteen of this act to enable  carryforward  elections,  the  requested
 allocation  is  reasonably expected to be used during the calendar year,
 and the requested future allocation is reasonably expected to be used in
 the calendar year to which the future allocation relates.
   (b) In reviewing  and  approving  or  disapproving  applications,  the
 commissioner  shall  exercise discretion to ensure an equitable distrib-
 ution of allocations from the statewide bond reserve to  local  agencies
 and other issuers. Prior to making a determination on such applications,
 the  commissioner shall notify and seek the recommendation of the presi-
 dent and chief executive officer of the New York state  housing  finance
 agency  in  the case of an application related to the issuance of multi-
 family housing or mortgage revenue bonds,  and  in  the  case  of  other
 requests,  such  state  officers, departments, divisions and agencies as
 the commissioner deems appropriate.
   (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-
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 ment  of  labor and with the one-stop career center established pursuant
 to the federal Workforce Innovation and Opportunity  Act  (Pub.  L.  No.
 113-128)  serving the locality in which the employment opportunities are
 being  created. Such listing shall be in a manner and form prescribed by
 the commissioner. All issuers shall further require  that  for  any  new
 employment  opportunities  created  in  connection with an industrial or
 manufacturing project financed through the issuance of  qualified  small
 issue  bonds  by  such  issuer,  industrial or manufacturing firms shall
 first consider persons eligible to participate in  the  Workforce  Inno-
 vation  and  Opportunity Act (Pub. L. No. 113-128) programs who shall be
 referred to the industrial or manufacturing firm by one-stop centers  in
 local  workforce investment areas or by the department of labor. Issuers
 of qualified small issue bonds are required to monitor  compliance  with
 the provisions of this section as prescribed by the commissioner.
   2.  Nothing  in  this  section  shall be construed to require users of
 qualified small issue bonds to violate any existing collective  bargain-
 ing  agreement  with  respect to the hiring of new employees. Failure on
 the part of any user of qualified small issue bonds to comply  with  the
 requirements  of this section shall not affect the allocation of bonding
 authority to the issuer of the bonds  or  the  validity  or  tax  exempt
 status of such bonds.
   §  8. Overlapping jurisdictions. In a geographic area represented by a
 county local agency and one or more sub-county local agencies, the allo-
 cation granted by section four of this act with respect to such area  of
 overlapping  jurisdiction  shall  be  apportioned one-half to the county
 local agency and one-half to the sub-county local  agency  or  agencies.
 Where  there  is  a local agency for the benefit of a village within the
 geographic area of a town for the benefit of  which  there  is  a  local
 agency, the allocation of the village local agency shall be based on the
 population  of the geographic area of the village, and the allocation of
 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.
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   § 11. Future allocations for multi-year housing development  projects.
 1.  In addition to other powers granted under this act, the commissioner
 is authorized to make the  following  future  allocations  of  statewide
 ceiling  for  any  multi-year  housing development project for which the
 commissioner  also  makes  an  allocation  of  statewide ceiling for the
 current year under this act or for which, in the event of expiration  of
 provisions  of  this  act  described in section eighteen of this act, an
 allocation of volume cap for a calendar year subsequent to such  expira-
 tion  shall  have  been made under section 146 of the code: (a) to local
 agencies from the local agency set-aside (but only with the approval  of
 the  chief  executive  officer of the political subdivision to which the
 local agency set-aside relates or the  governing  body  of  a  political
 subdivision  having no chief executive officer) and (b) to other issuers
 from that portion, if any, of the statewide bond reserve transferred  to
 the  commissioner  by  the  director.  Any future allocation made by the
 commissioner shall constitute an allocation of statewide ceiling for the
 future year specified by the commissioner and shall be  deemed  to  have
 been made on the first day of the future year so specified.
   2. In addition to other powers granted under this act, the director is
 authorized  to  make  future  allocations  of statewide ceiling from the
 state agency set-aside or from the statewide bond reserve to state agen-
 cies for any multi-year housing development project for which the direc-
 tor also makes an allocation of statewide ceiling from the current  year
 under this act or for which, in the event of expiration of provisions of
 this  act  described  in  section eighteen of this act, an allocation of
 volume cap for a calendar year subsequent to such expiration shall  have
 been  made  under  section  146  of  the code, and is authorized to make
 transfers of the statewide bond reserve to the commissioner  for  future
 allocations to other issuers for multi-year housing development projects
 for  which  the commissioner has made an allocation of statewide ceiling
 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.
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   (c) The commissioner  and  the  director  shall  establish  procedures
 consistent  with  the provisions of this act relating to carryforward of
 future allocations.
   4.  The aggregate future allocations from either of the two succeeding
 years shall not exceed six hundred fifty million dollars for  each  such
 year.
   §  12.  Year end allocation recapture. On or before September first of
 each year, each state agency shall report to the director and each local
 agency and each other issuer shall report to the commissioner the amount
 of bonds subject to allocation under this act that will be issued  prior
 to  the  end  of  the  then current calendar year, and the amount of the
 issuer's then total allocation that will remain unused. As of  September
 fifteenth  of  each  year, the unused portion of each local agency's and
 other issuer's then total allocation as  reported  and  the  unallocated
 portion  of  the  set-aside  for  state agencies shall be recaptured and
 added to the statewide bond reserve and shall no longer be available  to
 covered bond issuers except as otherwise provided herein. From September
 fifteenth through the end of the year, each local agency or other issuer
 having  an  allocation  shall immediately report to the commissioner and
 each state agency having an allocation shall immediately report  to  the
 director  any  changes  to the status of its allocation or the status of
 projects for which allocations have been made which  should  affect  the
 timing  or  likelihood of the issuance of covered bonds therefor. If the
 commissioner determines that a local agency or other issuer has  overes-
 timated  the  amount of covered bonds subject to allocation that will be
 issued prior to the end of  the  calendar  year,  the  commissioner  may
 recapture  the  amount  of  the allocation to such local agency or other
 issuer represented by such overestimation by notice to the local  agency
 or  other issuer, and add such allocation to the statewide bond reserve.
 The director may likewise make such  determination  and  recapture  with
 respect to state agency allocations.
   §  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
 S. 3008--A                         98                         A. 3008--A
 
 advice  regarding the priorities for distribution of the statewide ceil-
 ing.
   2.  The  panel  shall  consist  of  five  members,  one designee being
 appointed by each of the following: the governor, the  temporary  presi-
 dent  of the senate, the speaker of the assembly, the minority leader of
 the senate and the minority leader of the assembly. The designee of  the
 governor  shall  chair the panel. The panel shall monitor the allocation
 process through the year, and in that regard, the division of the budget
 and the department of economic development shall  assist  and  cooperate
 with  the  panel as provided in this section. The advisory process shall
 operate through the issuance of advisory  opinions  by  members  of  the
 panel as provided in subdivisions six and seven of this section. A meet-
 ing  may  be held at the call of the chair with the unanimous consent of
 the members.
   3. (a) Upon receipt of a request  for  allocation  or  a  request  for
 approval  of  a  carryforward election from the statewide reserve from a
 local agency or other issuer, the commissioner shall, within five  work-
 ing  days,  notify  the panel of such request and provide the panel with
 copies of all application materials submitted by the applicant.
   (b) Upon receipt of a request for allocation or a request for approval
 of carryforward election from the statewide reserve from a state agency,
 the director shall, within five working days, notify the panel  of  such
 request  and  provide the panel with copies of all application materials
 submitted by the applicant.
   4. (a) Following receipt of a request  for  allocation  from  a  local
 agency  or  other  issuer,  the commissioner shall notify the panel of a
 decision to approve or exclude from further consideration such  request,
 and the commissioner shall state the reasons. Such notification shall be
 made  with  or  after  the  transmittal  of the information specified in
 subdivision three of this section and at least five working days  before
 formal notification is made to the applicant.
   (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
 S. 3008--A                         99                         A. 3008--A
 
 writing to the intended action, the commissioner or the  director  shall
 respond  in writing to the objection prior to taking the intended action
 unless exigent circumstances make it  necessary  to  respond  after  the
 action has been taken.
   8. On or before the first day of July, in any year, the director shall
 report to the members of the New York state bond allocation policy advi-
 sory  panel  on the actual utilization of volume cap for the issuance of
 bonds during the prior calendar year and the amount of  such  cap  allo-
 cated  for  carryforwards  for  future  bond  issuance. The report shall
 include, for each local agency or other issuer and each state agency the
 initial allocation, the amount of bonds  issued  subject  to  the  allo-
 cation,  the amount of the issuer's allocation that remained unused, the
 allocation of the statewide bond reserve, carryforward  allocations  and
 recapture  of allocations. Further, the report shall include projections
 regarding private activity bond issuance for state and local issuers for
 the calendar year,  as  well  as  any  recommendations  for  legislative
 action.   The director shall publish the report on the division of budg-
 et's website concurrently with the release of the report to the panel.
   § 15. Severability. If any clause, sentence,  paragraph,  section,  or
 item  of this 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
 S. 3008--A                         100                        A. 3008--A

   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:
   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
 S. 3008--A                         101                        A. 3008--A
 
 PUBLIC EMPLOYER THAT BECOMES ELIGIBLE TO UTILIZE THE DORMITORY AUTHORITY
 PURSUANT TO THIS SECTION.
   §  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.
 S. 3008--A                         102                        A. 3008--A
 
                                  PART MM
 
   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
 S. 3008--A                         103                        A. 3008--A
 
 with a population of one million or more shall submit written notice  of
 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.
 S. 3008--A                         104                        A. 3008--A
 
   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.
   §  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-
 S. 3008--A                         105                        A. 3008--A
 
 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
 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
 S. 3008--A                         106                        A. 3008--A

 purchase of development rights.]; AND ACTIVITIES WHICH SUPPORT LOCAL AND
 REGIONAL FOOD SYSTEMS.
   §  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
 S. 3008--A                         107                        A. 3008--A
 
   (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-
 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
 S. 3008--A                         108                        A. 3008--A
 
   (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-
 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
 S. 3008--A                         109                        A. 3008--A
 
 paragraph (g) of subdivision 2 as added by chapter 158 of  the  laws  of
 2018, is amended to read as follows:
   §  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
 S. 3008--A                         110                        A. 3008--A
 
 AGRICULTURAL  AND  FARMLAND  PROTECTION PROJECTS THAT ARE CONTRIBUTED BY
 THE OWNER OF THE AGRICULTURAL LAND FOR WHICH THE PROJECT IS BEING  FUND-
 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
 S. 3008--A                         111                        A. 3008--A
 
 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.
   (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
 S. 3008--A                         112                        A. 3008--A
 
 costs which are eligible for funding, reporting requirements,  and  such
 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
 S. 3008--A                         113                        A. 3008--A
 
 SUCH INFORMATION AS SUCH COMMISSIONER DEEMS NECESSARY TO EVALUATE SUCH A
 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[;
 S. 3008--A                         114                        A. 3008--A

   (b) mail-order sales; or
   (c)  the  sale  of  new motor vehicle tires to a person solely for the
 purpose of resale provided the subsequent retail sale in this  state  is
 subject to such fee].
   2. Until December thirty-first, two thousand [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--A                         115                        A. 3008--A
 
   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--A                         116                        A. 3008--A
 
 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--A                         117                        A. 3008--A
 
 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--A                         118                        A. 3008--A
 
   (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--A                         119                        A. 3008--A
 
   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--A                         120                        A. 3008--A
 
   (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--A                         121                        A. 3008--A
 
   (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--A                         122                        A. 3008--A
 
   (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 OR SIGNIFICANT THREAT 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 COMMIS-
 SIONER 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 COMMIS-
 SIONER 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--A                         123                        A. 3008--A
 
 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--A                         124                        A. 3008--A
 
 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--A                         125                        A. 3008--A
 
   (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 ATTORNEY GENERAL MAY ACCEPT A TITLE  POLICY  FROM  ANY
 TITLE COMPANY LICENSED BY THE STATE OF NEW YORK THAT NAMES PEOPLE OF THE
 STATE  OF NEW YORK AS INSURED. IN THE EVENT THE ATTORNEY GENERAL SPECIF-
 ICALLY IDENTIFIES A TITLE OBJECTION THAT RENDERS THE TITLE UNMARKETABLE,
 UPON THE COMMISSIONER'S REQUEST THE  ATTORNEY  GENERAL  SHALL  ACCEPT  A
 TITLE  POLICY  FROM  ANY TITLE COMPANY LICENSED BY THE STATE OF NEW YORK
 THAT NAMES THE PEOPLE OF THE STATE OF NEW YORK AS INSURED AND  DOES  NOT
 INCLUDE  ANY  EXCEPTIONS  FROM  COVERAGE THAT WOULD OTHERWISE RENDER THE
 TITLE UNMARKETABLE. 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
 S. 3008--A                         126                        A. 3008--A
 
 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-
 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
 S. 3008--A                         127                        A. 3008--A
 
 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
 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
 S. 3008--A                         128                        A. 3008--A
 
 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:
   §  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:
 S. 3008--A                         129                        A. 3008--A
 
   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
 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
 S. 3008--A                         130                        A. 3008--A

   (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
 
   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.
 S. 3008--A                         131                        A. 3008--A
 
   §  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.
   § 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
 S. 3008--A                         132                        A. 3008--A

 deposited from the Northville settlement pursuant to section one hundred
 twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
 hundred ninety-six, provided however, that such  moneys  shall  only  be
 used  for  the cost of the purchase of private lands in the core area of
 the central Suffolk pine barrens pursuant to a consent  order  with  the
 Northville  industries  signed  on  October thirteenth, nineteen hundred
 ninety-four and the related resource restoration and  replacement  plan,
 the  amount  of  penalties  required  to be deposited therein by section
 71-2724 of the environmental conservation law, all moneys required to be
 deposited pursuant to article thirty-three of the environmental  conser-
 vation  law, all fees collected pursuant to subdivision eight of section
 70-0117 of the environmental  conservation  law,  all  moneys  collected
 pursuant  to  title thirty-three of article fifteen of the environmental
 conservation law, beginning with the fiscal  year  commencing  on  April
 first,  two  thousand thirteen, nineteen million dollars, and all fiscal
 years thereafter, twenty-three million dollars plus all  funds  received
 by  the  state  each  fiscal year in excess of the greater of the amount
 received from April first, two thousand  twelve  through  March  thirty-
 first,  two  thousand  thirteen  or  one  hundred twenty-two million two
 hundred thousand dollars, from the payments collected pursuant to subdi-
 vision four of section 27-1012 of the environmental conservation law and
 all funds collected pursuant to section  27-1015  of  the  environmental
 conservation  law,  all  moneys  required  to  be  deposited pursuant to
 sections 27-2805 and 27-2807 of the environmental conservation law,  all
 moneys  collected  pursuant  to  section  71-2730  of  the environmental
 conservation law, 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
 S. 3008--A                         133                        A. 3008--A
 
 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
 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,
 S. 3008--A                         134                        A. 3008--A
 
 be construed as proof of compliance or noncompliance with the provisions
 of this chapter.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 404-ii to read as follows:
   § 404-II. DISTINCTIVE PLATES FOR GOLD STAR FAMILIES. 1. ANY GOLD  STAR
 FAMILY  RECIPIENT OR THE SPOUSE OF A GOLD STAR FAMILY RECIPIENT RESIDING
 IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE BEARING THE
 WORDS "GOLD STAR FAMILY". IF A DISTINCTIVE PLATE IS  ISSUED  TO  A  GOLD
 STAR  FAMILY  RECIPIENT PURSUANT TO THIS SECTION, ADDITIONAL DISTINCTIVE
 PLATES MAY BE ISSUED FOR EVERY VEHICLE REGISTERED IN  THE  NAME  OF  THE
 GOLD  STAR FAMILY RECIPIENT RESIDING IN THIS STATE OR THE SPOUSE OF SUCH
 GOLD STAR FAMILY RECIPIENT. APPLICATION FOR SAID LICENSE PLATE SHALL  BE
 FILED  WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER
 SHALL PRESCRIBE.
   2. THE DISTINCTIVE PLATE AUTHORIZED HEREIN SHALL BE ISSUED UPON PROOF,
 SATISFACTORY TO THE COMMISSIONER, THAT THE APPLICANT OR  THE  SPOUSE  OF
 THE APPLICANT IS A GOLD STAR FAMILY RECIPIENT.
   3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN  THE  SAME  MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF THE REGULAR
 REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE,
 PROVIDED, HOWEVER, THAT NO SERVICE CHARGE  SHALL  BE  CHARGED  FOR  SUCH
 PLATE,  AS  WELL  AS NO BOND REQUIREMENT TO OFFSET COSTS ASSOCIATED WITH
 THE PRODUCTION OF SUCH LICENSE PLATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 PART BBB
 
   Section 1. Legislative intent. Pursuant to  2  U.S.C.  §  2131,  every
 state is invited to provide and furnish to the United States Capitol two
 statues, in marble or bronze, of deceased persons who were distinguished
 and prominent citizens of the state for placement in the National Statu-
 ary  Hall  Collection. New York is currently represented in the National
 Statuary Hall Collection at the  United  States  Capitol  by  Robert  R.
 Livingston  and  George  Clinton, statues which were placed there in the
 1870s.
   Pursuant to 2 U.S.C. § 2132, a state has the option to replace statues
 in the National Statuary Hall, that have been displayed for at least  10
 years,  by  making  a  request  to the Joint Committee on the Library of
 Congress.
   The Legislature recognizes that Harriet Tubman was a distinguished and
 prominent New Yorker who meets the high standards required to  represent
 the  great state of New York in the United States Capitol. One of Ameri-
 ca's most famous abolitionists, Harriet  Tubman  was  born  enslaved  in
 Maryland in 1822 before escaping to freedom. She became a leading figure
 of  the Underground Railroad and she risked her life to help free dozens
 of enslaved people. During the Civil War she became  one  of  the  first
 African American woman to serve in the military. In 1859, Harriet Tubman
 purchased  property  in Auburn, NY, where she would live until her death
 in 1913.
   § 2. Commission. (a) A commission is hereby established to replace the
 statue of Robert R. Livingston with a statue of Harriet  Tubman  in  the
 S. 3008--A                         135                        A. 3008--A
 
 National  Statuary  Hall  of  the  United States Capitol. The commission
 shall consist of the following appointees: the Governor, or a  designee,
 the Temporary President of the Senate, or a designee, the Speaker of the
 Assembly,  or  a  designee, the Executive director of the council on the
 arts, or a designee, and the  Commissioner  of  the  office  of  general
 services, or a designee.
   (b)  The  commission  shall be responsible for selecting the design of
 the statue of Harriet Tubman. The statue shall be designed  and  created
 in  accordance  with the published guidelines set forth by the Architect
 of the United States Capitol.
   (c) The Governor, along with the commission, shall submit an official,
 written request, along with a copy of this act to the Joint Committee on
 the Library of Congress, the Architect of the Capitol,  the  Speaker  of
 the United States House of Representatives, and the Presiding Officer of
 the United States Senate. The request shall include a description of the
 location  in the state where the replaced statue of Robert R. Livingston
 will be displayed after it is transferred.
   (d) Upon approval for replacement of the statue of Robert R.   Living-
 ston  by  the  Architect of the Capitol with a statue of Harriet Tubman,
 the Governor shall formalize an agreement between the Architect  of  the
 Capitol and the State of New York to complete the process.
   § 3. This act shall take effect September 1, 2025.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable  effective date of Parts A through BBB of this act shall
 be as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3008--B
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 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;  and to amend the vehicle and traffic law, in relation to the
   pre-licensing course internet program (Part C); to amend  the  vehicle
   and  traffic  law,  in relation to abandoned vehicles (Part D); inten-
   tionally omitted (Part E); intentionally omitted (Part  F);  to  amend
   the vehicle and traffic law, in relation to requiring that all limited
   use  motorcycles sold in the state of New York be registered (Part G);
   intentionally omitted (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;  to  amend  the  public  authorities  law,  in relation to
   requiring the metropolitan transportation authority to publish certain
   information pertaining to capital project data for projects  that  are
   committed  for  construction  on  the  capital  program  dashboard, to
   preparing a  comparison  of  the  metropolitan  transportation  corpo-
   ration's  performance  and to maintaining a database of capital needs;
   and directing the metropolitan transportation corporation to publish a
   planned scheduling for any projects included in  its  capital  program
   plan  (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12573-04-5
 S. 3008--B                          2
 
   public  authorities  law,  in relation to acquisitions or transfers of
   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); intentionally  omitted
   (Part  L);  to  amend  the state finance law, in relation to providing
   funding for the metropolitan transportation authority 2025-2029  capi-
   tal  program  (Part  M);  intentionally omitted (Part N); to amend the
   vehicle and traffic law, in relation to bus operation-related  traffic
   regulations  (Part  O);  intentionally  omitted (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; 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; and providing for  the  repeal  of  certain
   provisions  upon  expiration  thereof (Part Q); to amend the penal law
   and the vehicle and traffic law, in  relation  to  expanding  enhanced
   assault  protection for motor vehicle license examiners, motor vehicle
   representatives, highway workers, motor carrier  investigators,  motor
   carrier  inspectors,  operators  of  passenger  commuter  ferries, 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  demonstration  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 business law, in relation to artificial intelligence
   companion models (Part U); intentionally omitted (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 and prohibiting certain online retailers
   from altering prices during a day due to dynamic pricing (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);
   intentionally omitted (Part  AA);  intentionally  omitted  (Part  BB);
   intentionally  omitted  (Part CC); intentionally omitted (Part DD); to
   amend the  New  York  state  urban  development  corporation  act,  in
   relation to extending the authority of the New York state urban devel-
   opment 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  authority  to  enter  into
   certain  design and construction management agreements, in relation to
   the effectiveness thereof (Part GG); intentionally omitted (Part  HH);
   intentionally  omitted  (Part II); intentionally omitted (Part JJ); to
 S. 3008--B                          3
 
   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);  intentionally
   omitted  (Part  NN);  to  amend  the  agriculture  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 two years and removing the  exclusion  for  mail  order  sales
   (Part  PP); to amend chapter 55 of the laws of 2021 amending the envi-
   ronmental conservation law relating to  establishing  a  deer  hunting
   pilot  program,  in relation to making such provisions permanent (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  requiring  the recall of any sold or
   distributed  firefighting  personal  protective  equipment  containing
   intentionally added PFAS (Part SS); to amend the environmental conser-
   vation  law,  the  parks, recreation and historic preservation law and
   the executive law, in relation to authorizing the attorney general  to
   approve  certain titles for conservation purposes (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  extending  certain
   provisions  relating to the department of environmental conservation's
   regulation of crabs, and to prohibiting the taking of horseshoe  crabs
   for  commercial  and  biomedical  purposes  (Part  UU); in relation to
   authorizing the New York state energy research and development author-
   ity to finance a portion  of  its  research,  development  and  demon-
   stration, policy and planning, and Fuel NY program, as well as climate
   change  related  expenses of the department of environmental conserva-
   tion, and to supplement EmPower Plus Program, from  an  assessment  on
   gas  and  electric 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 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  environ-
   mental  conservation  from  utility  assessment revenues; to amend the
   public service law, in  relation  to  prohibiting  rate  increases  to
   recover  certain  operating  expenses; and providing for the repeal of
   certain provisions upon expiration thereof (Part  XX);  to  amend  the
   general  business 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); 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); to amend the vehi-
   cle and  traffic  law,  in  relation  to  establishing  and  providing
 S. 3008--B                          4
 
   distinctive  license  plates  for  gold  star families (Part AAA); and
   establishing a commission to ensure the replacement of the  statue  of
   Robert  R.  Livingston  in  the  National  Statuary Hall of the United
   States  Capitol  with  a statue of Harriet Tubman (Part BBB); to amend
   the general business law, the agriculture and  markets  law,  and  the
   public  health  law,  in relation to food and food product advertising
   (Part CCC); to amend the agriculture and markets law, in  relation  to
   establishing  the sanitary retail food store grant program (Part DDD);
   to amend the public service  law,  the  public  authorities  law,  the
   transportation  corporations  law  and  the  labor law, in relation to
   enacting the NY Home  Energy  Affordable  Transition  Act;  to  repeal
   section 66-b of the public service law relating to continuation of gas
   service; and to repeal section 66-g of the public service law relating
   to  the  sale  of indigenous natural gas for generation of electricity
   (Part EEE); to amend the executive law, in relation  to  enacting  the
   climate  resilient New York act of 2025 (Part FFF); to amend the envi-
   ronmental conservation law, in relation to the availability of techni-
   cal assistance grants in brownfield site remedial programs(Part  GGG);
   to amend the environmental conservation law and the state finance law,
   in  relation  to  the  disposition of certain fees and penalties (Part
   HHH); to amend  the  environmental  conservation  law  and  the  state
   finance law, in relation to enacting the "harmful algal bloom monitor-
   ing  and  prevention  act"    (Part  III);  to amend the environmental
   conservation law, in relation to directing the department of  environ-
   mental  conservation to establish a perfluoroalkyl and polyfluoroalkyl
   substances removal treatment installation grant program and a perfluo-
   roakyl and polyfluoroalkyl substances  removal  treatment  maintenance
   rebate  program  (Part JJJ); to amend the  environmental  conservation
   law,  in  relation  to climate corporate data accountability;  and  to
   amend  the  state finance law, in relation to establishing the climate
   accountability and emissions disclosure fund  (Part KKK); to amend the
   environmental conservation law, in relation to establishing  the  safe
   water  infrastructure  action  program (Part LLL); to amend the public
   service law, in relation to utility intervenor reimbursement;  and  to
   amend  the  state finance law, in relation to establishing the utility
   intervenor account (Part MMM); to amend the environmental conservation
   law, in relation to a smart irrigation device rebate pilot program  in
   Nassau  and  Suffolk  counties;  and  providing for the repeal of such
   provisions upon the expiration thereof (Part NNN); to amend the  envi-
   ronmental  conservation  law, in relation to environmental restoration
   projects; and to repeal certain provisions of such law relating there-
   to (Part OOO); to amend the public authorities  law,  in  relation  to
   establishing  the zero-emission vehicles rebate program; and providing
   for the repeal of such provisions upon expiration thereof (Part  PPP);
   to  amend  the  public  authorities law, in relation to establishing a
   floating solar incentive and education program (Part  QQQ);  to  amend
   the  public service law and the public authorities law, in relation to
   advancing grid enhancement technologies (Part RRR); to amend the exec-
   utive law, in relation to reciprocal minority and women-owned business
   enterprise certification (Part SSS); to amend the public service  law,
   in  relation to requiring certain utilities to adopt the common equity
   ratio and rate of return on equity authorized by  the  public  service
   commission  (Part  TTT);  to  amend  the insurance law, in relation to
   requiring coverage of asthma inhalers at no cost (Part UUU); to  amend
   the  public authorities law and the general municipal law, in relation
   to the  procurement  of  electric-powered  buses,  vehicles  or  other
 S. 3008--B                          5
 
   related  equipment  (Part  VVV);  establishing a New York state public
   bank commission to study the benefits of a public bank or  network  of
   public  banks  owned by the state of New York or by a public authority
   constituted  by  the state of New York; making an appropriation there-
   for; and providing for the repeal of such provisions  upon  expiration
   thereof  (Part  WWW);  to  repeal  subdivision  6 of section 51 of the
   public authorities law, relating to voting by members of the New  York
   state  authorities  control  board  (Part XXX); directing empire state
   development, in conjunction with the office of  general  services,  to
   create  plans for the development of mixed-use commercial and residen-
   tial property on a certain portion of the  Harriman  campus,  and  for
   redesign  of  the  Harriman  campus (Part YYY); to amend the insurance
   law, in relation to  establishing  a  captive  insurance  program  for
   commuter  vans,  black  cars, ambulettes and paratransit vehicles, and
   small school buses (Part ZZZ); to amend the public authorities law, in
   relation to directing the  Metropolitan  Transportation  Authority  to
   expand the Fair Fares NYC program to include travel on the Long Island
   Rail Road or Metro-North Railroad within the city of New York (Subpart
   A);  to  amend  the public authorities law, in relation  to  directing
   the Long Island Rail Road, Metro-North  Railroad  and  New  York  city
   transit  authority  to  offer  a  monthly  optional  discounted ticket
   (Subpart B); and to amend the public authorities law, in  relation  to
   directing the Long Island Rail Road and Metro-North Railroad to devel-
   op a lower cost, intra-city combination ticket for certain individuals
   during  peak  and  non-peak hours (Subpart C)(Part AAAA); to amend the
   public authorities law, in relation  to  enacting  the  "Make  Transit
   Affordable Act"  (Part BBBB); to amend subpart A of part TT of chapter
   58  of the laws of 2024, amending the economic development law and the
   urban development corporation act relating  to  establishing  the  New
   York  state  empire  artificial  intelligence research program and the
   empire AI consortium, and relating to the plan of operation and finan-
   cial oversight of the empire AI  consortium,  in  relation  to  making
   permanent certain provisions thereof; and to amend the economic devel-
   opment  law,  in  relation  to the empire AI research institute at the
   university of Buffalo (Part CCCC); to amend the environmental  conser-
   vation  law, in relation to returnable bottles; to direct the multi-a-
   gency bottle bill fraud investigation team to submit a report on find-
   ings of pervasive bottle redemption fraud in New York  state;  and  to
   repeal  section 27-1018 of such law relating to the beverage container
   assistance program (Part DDDD); to  amend  the  highway  law  and  the
   public authorities law, in relation to installing zero-emission charg-
   ing  and  refueling  station  signs  on  New York state highways (Part
   EEEE); to amend the vehicle and traffic law and the insurance law,  in
   relation to instruction concerning traffic stops (Part FFFF); enacting
   the  "just energy transition act" (Part GGGG); and to amend the execu-
   tive law, in relation to enacting the "accountability for  development
   assistance act" (Part HHHH)
 
   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
 S. 3008--B                          6
 
 Parts A through HHHH. 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]
 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
 S. 3008--B                          7
 
 provisions  contained  herein and the amounts made available therefor by
 appropriation.
   In  establishing  service  and usage formulas for distribution of mass
 transportation operating assistance, the commissioner of  transportation
 may  combine  and/or  take  into  consideration  those  formulas used to
 distribute mass transportation operating assistance payments  authorized
 by separate appropriations in order to facilitate program administration
 and to ensure an orderly distribution of such funds.
   To  improve  the  predictability  in  the  level  of funding for those
 systems receiving operating assistance payments under service and  usage
 formulas,  the  commissioner  of  transportation  is authorized with the
 approval of the director of the  budget,  to  provide  service  payments
 based on service and usage statistics of the preceding year.
   In the case of a service payment made, pursuant to section 18-b of the
 transportation law, to a regional transportation authority on account of
 mass transportation services provided to more than one county (consider-
 ing the city of New York to be one county), the respective shares of the
 matching  payments required to be made by a county to any such authority
 shall be as follows:
 
                                   Percentage
                                  of Matching
 Local Jurisdiction                 Payment
 --------------------------------------------
 In  the  Metropolitan Commuter
   Transportation District:
 New York City ................          6.40
 Dutchess .....................          1.30
 Nassau .......................         39.60
 Orange .......................          0.50
 Putnam .......................          1.30
 Rockland .....................          0.10
 Suffolk ......................         25.70
 Westchester ..................         25.10
 In the Capital District Trans-
   portation District:
 Albany .......................         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
 S. 3008--B                          8
 
 Wayne ........................           .98
 Wyoming ......................           .51
 Seneca .......................           .64
 Orleans ......................           .77
 Ontario ......................          4.69
   In the Niagara Frontier Trans-
   portation  District:   Erie .........................            89.20
 Niagara ......................         10.80
 
   Notwithstanding any other inconsistent provisions of section  18-b  of
 the transportation law or any other law, any moneys provided to a public
 benefit  corporation constituting a transportation authority or to other
 public transportation systems in payment of state  operating  assistance
 or  such  lesser amount as the authority or public transportation system
 shall make application for, shall be paid by the commissioner of  trans-
 portation to such authority or public transportation system in lieu, and
 in full satisfaction, of any amounts which the authority would otherwise
 be entitled to receive under section 18-b of the transportation law.
   Notwithstanding  the  reporting  date provision of section 17-a of the
 transportation law, the reports of each regional transportation authori-
 ty and other major public transportation systems receiving  mass  trans-
 portation  operating  assistance shall be submitted on or before July 15
 of each year in the format prescribed by the commissioner of transporta-
 tion. Copies of such reports shall also be filed with  the  chairpersons
 of  the senate finance committee and the assembly ways and means commit-
 tee and the director of the budget. The commissioner  of  transportation
 may withhold future state operating assistance payments to public trans-
 portation systems or private operators that do not provide such reports.
   Payments may be made in quarterly installments as provided in subdivi-
 sion 2 of section 18-b of the transportation law or in such other manner
 and  at such other times as the commissioner of transportation, with the
 approval of the director of the budget, may provide; and  where  payment
 is  not  made in the manner provided by such subdivision 2, the matching
 payments required of any city, county, Indian  tribe  or  intercity  bus
 company  shall  be made within 30 days of the payment of state operating
 assistance pursuant to this section or on such other  basis  as  may  be
 agreed  upon  by the commissioner of transportation, the director of the
 budget, and the chief executive officer of  such  city,  county,  Indian
 tribe or intercity bus company.
   The commissioner of transportation shall be required to annually eval-
 uate the operating and financial performance of each major public trans-
 portation  system. Where the commissioner's evaluation process has iden-
 tified a problem related to system  performance,  the  commissioner  may
 request the system to develop plans to address the performance deficien-
 cies. The commissioner of transportation may withhold future state oper-
 ating  assistance  payments  to public transportation systems or private
 operators that do not provide such operating, financial, or other infor-
 mation as may be required by the commissioner to conduct the  evaluation
 process.
   Payments  shall  be  made  contingent upon compliance with regulations
 deemed necessary and appropriate, as prescribed by the  commissioner  of
 transportation  and  approved by the director of the budget, which shall
 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-
 S. 3008--B                          9
 
 tion  required  by  section  18-b  of the transportation law, such other
 information as the commissioner of  transportation  shall  determine  is
 necessary to determine compliance and carry out the purposes herein.
   Counties,  municipalities  or  Indian  tribes that propose to allocate
 service payments to operators on a basis other than the amount earned by
 the service payment formula shall be required to describe  the  proposed
 method  of  distributing  governmental  operating  aid and submit it one
 month prior to the start of the operator's fiscal year  to  the  commis-
 sioner of transportation in writing for review and approval prior to the
 distribution of state aid. The commissioner of transportation shall only
 approve  alternate  distribution  methods  which are consistent with the
 transportation needs of the people to be  served  and  ensure  that  the
 system  of private operators does not exceed established maximum service
 payment limits. Copies of such  approvals  shall  be  submitted  to  the
 chairpersons  of  the senate finance and assembly ways and means commit-
 tees.
   Notwithstanding the provisions of subdivision 4 of section 18-b of the
 transportation law, the commissioner of transportation is authorized  to
 continue  to  use  prior quarter statistics to determine current quarter
 payment amounts, as initiated in the April to June quarter of  1981.  In
 the  event  that  actual  revenue  passengers and actual total number of
 vehicle, nautical or car miles are not available for the preceding quar-
 ter, estimated statistics may be used  as  the  basis  of  payment  upon
 approval  by  the  commissioner  of  transportation.  In such event, the
 succeeding payment shall be adjusted to reflect the  difference  between
 the actual and estimated total number of revenue passengers and vehicle,
 nautical  or  car  miles used as the basis of the estimated payment. The
 chief executive officer may apply for less aid than the system is eligi-
 ble to receive. Each quarterly payment shall be attributable to  operat-
 ing expenses incurred during the quarter in which it is received, unless
 otherwise  specified  by such commissioner.   In the event that a public
 transportation system ceases to participate in  the  program,  operating
 assistance  due  for the final quarter that service is provided shall be
 based upon the actual total number of revenue passengers and the  actual
 total number of vehicle, nautical or car miles carried during that quar-
 ter.
   Payments  shall  be  contingent  on compliance with audit requirements
 determined by the commissioner of transportation.
   In the event that an  audit  of  a  public  transportation  system  or
 private  operator receiving funds discloses the existence of an overpay-
 ment of state operating assistance, regardless of whether such an  over-
 payment  results  from  an  audit  of  revenue passengers and the actual
 number of revenue vehicle miles statistics, or an audit of private oper-
 ators in cases where more than a reasonable return based  on  equity  or
 operating revenues and expenses has resulted, the commissioner of trans-
 portation,  in  addition  to  recovering  the  amount of state operating
 assistance overpaid, shall also recover  interest,  as  defined  by  the
 department of taxation and finance, on the amount of the overpayment.
   Notwithstanding  any  other  law,  rule or regulation to the contrary,
 whenever the commissioner of transportation is  notified  by  the  comp-
 troller  that  the  amount  of  revenues  available  for payment from an
 account is less than the total amount of money for which the public mass
 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
 S. 3008--B                         10
 
 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.
   §  1-a.  Section  399-s  of the vehicle and traffic law, as amended by
 section 3 of part ZZ of chapter 58 of the laws of 2020,  is  amended  to
 read as follows:
   §  399-s.  Pilot  program  scope  and duration. The commissioner shall
 conduct a pilot program designed to evaluate utilizing the internet  for
 delivering an approved pre-licensing course required by subparagraph (i)
 of paragraph (a) of subdivision four of section five hundred two of this
 chapter,  by permitting qualified applicants to participate in the pilot
 program from June thirtieth, two thousand twenty to June thirtieth,  two
 thousand  twenty-five.  Provided that applicants [for class DJ and class
 MJ licenses] UNDER THE AGE  OF  TWENTY-ONE  shall  not  be  eligible  to
 participate in such pilot program.
   § 1-b. Section 399-t of the vehicle and traffic law, as added by chap-
 ter 368 of the laws of 2019, is amended to read as follows:
   §  399-t.  Report by commissioner. No later than June first, two thou-
 sand twenty-five, AND EVERY  FIVE  YEARS  THEREAFTER,  the  commissioner
 shall  report to the governor, the temporary president of the senate and
 the speaker of the assembly on the pre-licensing course  internet  pilot
 program and its results. Such report shall include recommendations as to
 the  future  use  of  the  internet  as an effective way, in addition to
 classroom presentation, to deliver to the public approved  pre-licensing
 courses,  and  qualifications for participants in such approved internet
 delivered programs.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  sections 399-s and 399-t of the vehicle and traffic
 law made by sections one-a and one-b of this act shall  not  affect  the
 repeal of such sections and shall be deemed repealed therewith.
 
                                  PART D
 S. 3008--B                         11
 
   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:
   (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
 
                           Intentionally Omitted
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G
 
   Section 1. Paragraph b of subdivision 16 of section 415 of the vehicle
 and traffic law, as amended by chapter 7 of the laws of 2000, is amended
 to read as follows:
   b.  Except  as provided in paragraph c of this subdivision, any person
 who operates as a dealer without being registered shall be  required  to
 pay  to the people of this state a civil penalty in the sum of [one] TWO
 thousand dollars. However, any such person against whom such penalty has
 been assessed may avoid all but [five] SEVEN hundred  FIFTY  dollars  of
 such  penalty  by  obtaining a registration as required by this article,
 provided that application for such registration is made  not  more  than
 ten days after the imposition of such penalty.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 2267-a to read as follows:
   § 2267-A. DEALERS AND MANUFACTURERS OF LIMITED USE MOTORCYCLES.  1. NO
 PERSON SHALL ENGAGE IN THE BUSINESS OF SELLING LIMITED USE  MOTORCYCLES,
 AS  DEFINED  IN SECTION ONE HUNDRED TWENTY-ONE-B OF THIS CHAPTER, UNLESS
 THERE SHALL HAVE BEEN ISSUED TO THEM A DEALER REGISTRATION IN ACCORDANCE
 WITH SECTION FOUR HUNDRED FIFTEEN OF THIS CHAPTER. THE COMMISSIONER MAY,
 BY REGULATION, PROVIDE FOR IDENTIFICATION OF DEALERS AS BEING DEALERS IN
 LIMITED USE MOTORCYCLES, AND SHALL MAKE PROVISIONS FOR THE  ISSUANCE  OF
 APPROPRIATE DEALER DEMONSTRATOR NUMBER PLATES TO SUCH DEALERS.
 S. 3008--B                         12
 
   2.  NO DEALER SHALL ACQUIRE ANY LIMITED USE MOTORCYCLE FOR THE PURPOSE
 OF RESALE FOR USE ON THE PUBLIC HIGHWAYS WITHIN THIS STATE  UNLESS  SUCH
 LIMITED USE MOTORCYCLE HAS A VEHICLE IDENTIFICATION NUMBER IN A FORM AND
 MANNER  ACCEPTABLE  TO THE COMMISSIONER PERMANENTLY AFFIXED TO THE FRAME
 BY THE MANUFACTURER OR AUTHORIZED AGENT OF THE MANUFACTURER.
   3.  FEES ASSESSED UNDER THIS SECTION SHALL BE PAID TO THE COMMISSIONER
 FOR  DEPOSIT  TO  THE GENERAL FUND WHICH SHALL BE DEPOSITED TO THE DEDI-
 CATED HIGHWAY AND BRIDGE TRUST  FUND  ESTABLISHED  PURSUANT  TO  SECTION
 EIGHTY-NINE-B  OF THE STATE FINANCE LAW AND THE DEDICATED MASS TRANSPOR-
 TATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-C OF  THE  STATE
 FINANCE  LAW  AND DISTRIBUTED ACCORDING TO THE PROVISIONS OF SUBDIVISION
 (D) OF SECTION THREE HUNDRED ONE-J OF THE TAX LAW.
   4. THE COMMISSIONER MAY PRESCRIBE, BY  REGULATION,  PROCEDURES  TO  BE
 FOLLOWED  BY  DEALERS  WITH  RESPECT  TO  RECORD  KEEPING  AND DOCUMENTS
 REQUIRED UPON THE SALE OF A LIMITED USE MOTORCYCLE, AND PROCEDURES TO BE
 FOLLOWED BY MANUFACTURERS WITH RESPECT TO THE ASSIGNMENT AND AFFIXING OF
 VEHICLE IDENTIFICATION NUMBERS.
   § 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 H
 
                           Intentionally Omitted
 
                                  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] 2026, 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.
   §  1-a. Paragraph (c) of subdivision 1 of section 1269-b of the public
 authorities law, as added by chapter 637 of the laws of 1996, is amended
 and a new subdivision 12 is added to read as follows:
   (c) on or before October first, nineteen hundred ninety-nine and every
 fifth year thereafter, the authority shall submit  to  the  metropolitan
 transportation  authority  capital  program  review  board  two  capital
 program plans for the five-year period commencing January first  of  the
 following year.
   For  each  of the periods described above, one such plan shall contain
 the capital program for the transit facilities operated by the New  York
 city  transit  authority  and its subsidiaries and for the Staten Island
 rapid transit operating authority; the other such plan shall contain the
 capital program for the railroad facilities, not  including  the  Staten
 Island  rapid transit operating authority, under the jurisdiction of the
 authority.
 S. 3008--B                         13
 
   Each plan shall set  system-wide  goals  and  objectives  for  capital
 spending,  establish  standards for service and operations, and describe
 each capital element proposed to be  initiated  in  each  of  the  years
 covered  by  the plan and explain how each proposed element supports the
 achievement  of the service and operational standards established in the
 plan. Each plan shall also set forth an estimate of the amount of  capi-
 tal funding required each year and the expected sources of such funding.
 Each  plan subsequent to the first such plan and each proposed amendment
 or modification thereof shall also describe the current status  of  each
 capital  element  included in the previously approved plan, if any. Each
 plan shall be accompanied or supplemented by such  supporting  materials
 as  the  metropolitan  transportation  authority  capital program review
 board shall require.
   A capital element shall mean either a category of expenditure itemized
 in a plan, as hereinafter provided, for which a specified maximum dollar
 amount is proposed to be expended, or a particularly  described  capital
 project  within  one or more categories for which no maximum expenditure
 is proposed, but for which an estimate of expected cost is  provided.  A
 capital  element  shall be deemed to have been initiated for purposes of
 this section if in connection with  such  element  the  authority  shall
 certify  that  (i)  purchase or construction contracts have been entered
 into, obligating in the aggregate an amount exceeding ten percent of the
 maximum or estimated cost of the element as set forth in  a  plan,  (ii)
 financing  specific  to  the  project has been undertaken, or (iii) in a
 case where such element is limited to design or engineering, a  contract
 therefor has been entered into.
   EACH  PLAN  SHALL  CONTAIN  A  SCHEDULE  FOR  ALL CONSTRUCTION CAPITAL
 PROJECTS WITH THE YEAR THE AUTHORITY PLANS TO COMMIT SUCH  PROJECTS  FOR
 CONSTRUCTION.
   12.  (A)  ON  THE  FIRST  OF  JANUARY OF EACH YEAR THE AUTHORITY SHALL
 PUBLISH A LIST OF CAPITAL PROJECTS IDENTIFIED IN ITS CAPITAL PROGRAM  IT
 PRIORITIZES  FOR  THAT  YEAR AND FOR WHICH THE AUTHORITY PLANS TO COMMIT
 FUNDS OR IMPLEMENT DURING THE YEAR.
   (B) ON DECEMBER THIRTY-FIRST OF EACH YEAR THE AUTHORITY SHALL  PUBLISH
 A  LIST  OF  ALL  CAPITAL  PROJECTS FOR WHICH THE TOTAL COST EXPENDED OR
 EXPECTED HAS INCREASED BY MORE THAN TWENTY PERCENT OF THE ORIGINAL ESTI-
 MATED COST WHEN THE ESTIMATED COST OF SUCH  CAPITAL  PROJECT  WAS  FIRST
 IDENTIFIED IN THE CAPITAL PROGRAM PLAN.
   §  1-b. Subparagraphs (vii) and (viii) of paragraph (d) of subdivision
 2-a of section 1269-b of the public authorities law, as added by section
 1 of part LLL of chapter 58 of the laws of 2022, are amended  and  three
 new  subparagraphs  (ix),  (x),  (xi)  and an undesignated paragraph are
 added to read as follows:
   (vii) budget information including the original budget at the time  of
 project  commitment  when  scope and budget are defined, all amendments,
 the current budget and planned annual allocations; [and]
   (viii) a schedule for project delivery including original, amended and
 current start and completion dates as projects develop at each phase[.];
   (IX) A LISTING OF ALL CONTRACT NUMBERS, VENDORS, AND CONTRACTORS ASSO-
 CIATED WITH THE PROJECT;
   (X) ALL SOURCES OF FUNDING FOR THE PROJECT; AND
   (XI) CODING REGARDING WHETHER THE PROJECT IS RELATED TO  ACCESSIBILITY
 OR RESILIENCY.
   FOR THE PURPOSES OF THIS PARAGRAPH, SOURCES OF FUNDING SHALL BE SPECI-
 FIED  AS FROM THE STATE OF NEW YORK, THE FEDERAL GOVERNMENT, THE CITY OF
 NEW YORK, OR ANY OTHER RELEVANT SOURCE. FUNDING FROM THE  STATE  OF  NEW
 S. 3008--B                         14
 
 YORK SHALL FURTHER SPECIFY WHETHER IT HAS BEEN OBTAINED FROM THE CENTRAL
 BUSINESS DISTRICT TOLLING LOCKBOX AS ESTABLISHED BY SECTION FIVE HUNDRED
 FIFTY-THREE-J  OF THIS CHAPTER OR ANY SUCCESSOR FUND OR ACCOUNT PROVIDED
 BY  LAW.  ACCESSIBILITY SHALL MEAN PROJECTS REGARDING ELEVATORS, ESCALA-
 TORS OR OTHER PROJECTS RELATED TO COMPLIANCE WITH THE FEDERAL  AMERICANS
 WITH DISABILITIES ACT OF 1990, AS AMENDED, AND CORRESPONDING GUIDELINES.
 RESILIENCY  SHALL  HAVE  THE SAME MEANING AS DEFINED BY THE AUTHORITY IN
 ITS TWENTY-YEAR NEEDS ASSESSMENT RELEASED IN TWO  THOUSAND  TWENTY-THREE
 AS  REQUIRED  BY SUBDIVISION C OF SECTION TWELVE HUNDRED SIXTY-NINE-C OF
 THIS TITLE.
   § 1-c. Paragraph (a) of subdivision 3 of section 1276-f of the  public
 authorities  law, as amended by section 1 of part A of chapter 39 of the
 laws of 2019, is amended to read as follows:
   (a) The authority  shall  publish  an  annual  report  presenting  the
 authority's  performance  in  comparison  with [other national] AT LEAST
 FIVE OF LARGEST PUBLIC TRANSIT SYSTEMS IN THE COUNTRY and [international
 peer agencies] AT LEAST FIVE OF THE LARGEST PUBLIC  TRANSIT  SYSTEMS  IN
 THE WORLD OUTSIDE OF THE COUNTRY.  This report shall include, but not be
 limited to, the following metrics:
   (i) total operating cost per car per mile;
   (ii) maintenance cost per car per mile;
   (iii) passenger journeys per total staff and contractor hours; [and]
   (iv) staff hours lost to accidents[.];
   (V) COMPARISON OF COST OF INDIVIDUAL CAPITAL PROJECTS COMPLETED DURING
 THE YEAR WITH AVERAGE COST OF PROJECTS OF SIMILAR NATURE FOR OTHER TRAN-
 SIT SYSTEMS; AND
   (VI)  COMPARISON  OF  PER  UNIT PROCUREMENT COSTS OF ITEMS OR SERVICES
 PROCURED DURING THE YEAR COMPARED TO AVERAGE COST OF  SIMILAR  ITEMS  OR
 SERVICES FOR OTHER TRANSIT SYSTEMS.
   §  1-d.  Section  1269-c  of  the public authorities law is amended by
 adding a new subdivision d to read as follows:
   D. THE AUTHORITY SHALL CREATE AND MAINTAIN ON ITS WEBSITE  A  DATABASE
 OF  THE  NEEDS  IDENTIFIED  PURSUANT  TO THIS SECTION INCLUDING DETAILED
 CONDITION OF EACH CAPITAL ELEMENT AND COST AND TIME NEEDED TO ACHIEVE  A
 STATE  OF GOOD REPAIR. SUCH DATABASE SHALL BE UPDATED AT LEAST BIENNIAL-
 LY. FOR EACH CAPITAL ELEMENT THE AUTHORITY SHALL IDENTIFY ITS  CONDITION
 AS   POOR,   MARGINAL,  ADEQUATE,  GOOD,  OR  EXCELLENT,  ALONG  WITH  A
 DESCRIPTION OF THE ELEMENT AND EXPLANATION OF ITS CONDITION.
   § 1-e. No later than ninety days after the effective date of this act,
 the metropolitan transportation authority shall publish a planned sched-
 ule for any projects included in its capital program plan, or amendments
 thereto, approved prior to December 31, 2024, that have not been commit-
 ted for construction.
   § 2. This act shall take effect  immediately;  provided  that  section
 one-a  of  this  act  shall take effect on the one hundred eightieth day
 after this act shall have become a law.
 
                                  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
 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
 S. 3008--B                         15
 
 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, OR TWO  THOU-
 SAND  TWENTY-FIVE  TO TWO THOUSAND TWENTY-NINE 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 capital project
 to construct four commuter railroad passengers stations in  the  borough
 of  the  Bronx known as Penn Station access, the authority upon approval
 by the board of the metropolitan transportation authority and upon suit-
 able 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  agreement  of  lease  dated  June
 first,  nineteen  hundred  fifty-three,  as amended, renewed and supple-
 mented, 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 property 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  legisla-
 tive 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:
   §  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
 S. 3008--B                         16
 
 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
 
                           Intentionally Omitted
 
                                  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.
   § 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-
 S. 3008--B                         17
 
 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:
   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
 
                           Intentionally Omitted
 
                                  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
 S. 3008--B                         18
 
 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
 
                           Intentionally Omitted
 
                                  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 failure of  an
 operator thereof to comply with posted maximum speed limits in a highway
 construction  or  maintenance  work  area located on a controlled-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 subdivi-
 sion (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 monitoring systems
 within no more than [twenty] FORTY 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  main-
 tenance  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 monitoring system, the
 commissioner shall consider criteria including, but not limited to,  the
 speed data, crash history, and roadway geometry applicable to such high-
 way construction or maintenance work area. A photo speed violation moni-
 S. 3008--B                         19

 toring  system shall not be installed or operated 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]  TWENTY  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  subdivi-
 sion  (d)  or  subdivision  (f) of section eleven hundred eighty of this
 article or (iv) when highway construction or maintenance work is  occur-
 ring 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  superinten-
 dent  of  the  division of state police, shall determine the location of
 the highway construction or maintenance work areas located on the  thru-
 way  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 high-
 way construction or maintenance work area. A photo speed violation moni-
 toring system shall not be installed or operated on a thruway exit ramp.
   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, microphotographs,
 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,
 S. 3008--B                         20
 
 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  dollars  for  a second violation both of which
 were committed within a period  of  eighteen  months,  and  one  hundred
 dollars  for a third or subsequent violation all of which were committed
 within a period of eighteen months; provided,  however,  that  an  addi-
 tional  penalty  not in excess of twenty-five dollars for each violation
 may be imposed for the failure to respond to a notice of liability with-
 in the prescribed time period.
   (f) An imposition of liability under the demonstration program  estab-
 lished  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.
   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 COMMISSION-
 ER  OF  MOTOR VEHICLES PROVIDED, HOWEVER, IF A CITY WITH A POPULATION OF
 S. 3008--B                         21
 
 ONE MILLION OR MORE HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL  TO  HEAR
 AND  DETERMINE  COMPLAINTS  OF TRAFFIC INFRACTIONS CONSTITUTING PARKING,
 STANDING OR STOPPING VIOLATIONS, SUCH TRIBUNAL SHALL ADJUDICATE  LIABIL-
 ITY  PURSUANT TO THIS SECTION FOR VIOLATIONS OCCURRING WITHIN SUCH CITY.
 PROVIDED FURTHER THAT SUCH HEARING OFFICER  OR  ADMINISTRATIVE  TRIBUNAL
 SHALL  COOPERATE AND CONSULT WITH THE OFFICE OF THE STATE COMPTROLLER AS
 NECESSARY TO IMPLEMENT THE PROGRAM, INCLUDING WITH RESPECT TO  PROVIDING
 NECESSARY REVENUE COLLECTION AND NOTICE OF LIABILITY DATA.
   (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]  HEARING  OFFICER, OR ADMINISTRATIVE TRIBUNAL AS APPLICABLE, AND
 MAY ALSO SEND TO THE 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], HEARING OFFICER, OR
 ADMINISTRATIVE TRIBUNAL AS APPLICABLE, AND MAY ALSO SEND TO THE  COMMIS-
 SIONER  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],  HEARING
 OFFICER,  OR  ADMINISTRATIVE TRIBUNAL AS APPLICABLE, OR FROM THE COMMIS-
 SIONER 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 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  pursu-
 ant 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:
 S. 3008--B                         22
 
   [(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, HEARING OFFICER,
 ADMINISTRATIVE TRIBUNAL, CHAIR OR COMMISSIONER 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]  EVERY TWO YEARS THEREAFTER, 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
 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 NO MORE THAN
 S. 3008--B                         23
 
 NINE 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 DETER-
 MINE  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-
 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-
 S. 3008--B                         24
 
 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
 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.
 S. 3008--B                         25
 
   (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
 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, SEVEN-
 TY-FIVE  DOLLARS  FOR  A  SECOND  VIOLATION BOTH OF WHICH WERE COMMITTED
 WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED 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
 S. 3008--B                         26

 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
 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
 S. 3008--B                         27
 
 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
 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-
 S. 3008--B                         28
 
 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 NO MORE THAN FIVE CONSTRUCTION OR
 MAINTENANCE WORK AREAS LOCATED AT BRIDGE AUTHORITY PROJECTS AND TO OPER-
 ATE SUCH SYSTEMS WITHIN SUCH WORK AREAS (III) WHEN CONSTRUCTION OR MAIN-
 TENANCE 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  BRIDGE  AUTHORITY
 SHALL  DETERMINE  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 MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE  A
 PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM,  THE BRIDGE AUTHORITY SHALL
 CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO, THE SPEED  DATA,  CRASH
 HISTORY, AND ROADWAY GEOMETRY APPLICABLE TO SUCH CONSTRUCTION OR MAINTE-
 NANCE 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.
 S. 3008--B                         29
 
   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
 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
 S. 3008--B                         30
 
   (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
 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
 S. 3008--B                         31
 
 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, SEVEN-
 TY-FIVE DOLLARS FOR A SECOND VIOLATION  BOTH  OF  WHICH  WERE  COMMITTED
 WITHIN  A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED 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.
 S. 3008--B                         32
 
   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.
   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
 S. 3008--B                         33
 
   (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.
   (N)  IF  THE  CHAIR OF EITHER AUTHORITY ADOPTS A DEMONSTRATION PROGRAM
 PURSUANT TO SECTION 1180-H OF THIS ARTICLE OR THIS SECTION  THE  RESPEC-
 TIVE  EXECUTIVE  DIRECTOR OR CHAIR, AS APPLICABLE, SHALL CONDUCT A STUDY
 AND SUBMIT A REPORT ON OR BEFORE MAY FIRST,  TWO  THOUSAND  TWENTY-EIGHT
 AND  A REPORT ON OR BEFORE MAY FIRST, TWO THOUSAND THIRTY 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 EXECUTIVE DIRECTOR 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 EXECUTIVE DIRECTOR OR  CHAIR  FINDS  THAT
 PUBLISHING  SPECIFIC  LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH
 REPORT SHALL INCLUDE:
   1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
 SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND  SEVERITY  OF  CRASHES,  FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL HIGHWAY CONSTRUCTION OR
 MAINTENANCE  WORK  AREAS  ON CONTROLLED-ACCESS HIGHWAYS OR CROSSINGS, TO
 S. 3008--B                         34
 
 THE EXTENT THE INFORMATION IS  MAINTAINED  BY  THE  EXECUTIVE  DIRECTOR,
 CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   3.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED  WITHIN  HIGHWAY  CONSTRUCTION  OR
 MAINTENANCE  WORK  AREAS  WHERE PHOTO SPEED VIOLATION MONITORING SYSTEMS
 WERE USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE  EXECUTIVE
 DIRECTOR, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   4.  THE  NUMBER OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION
 OR MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS OR CROSSINGS, IN
 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS  TO  THE  EXTENT  THE
 INFORMATION  IS  MAINTAINED  BY  THE  EXECUTIVE  DIRECTOR,  CHAIR OR THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH CROSSING CONSTRUCTION
 OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
 IS USED, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   6. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE EXECUTIVE DIREC-
 TOR, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE NUMBER
 OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY  CONSTRUCTION  OR  MAINTENANCE
 WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS OR CROSSINGS THAT WERE:
   (I)  MORE  THAN  TEN  BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY  CONSTRUCTION
 OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
 IS USED THAT WERE:
   (I)  MORE  THAN  TEN  BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   8. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   9.  THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH  SYSTEMS,  TO
 THE  EXTENT  THE  INFORMATION  IS  MAINTAINED BY THE EXECUTIVE DIRECTOR,
 CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
 DICATIONS INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY
 THE  EXECUTIVE  DIRECTOR,  CHAIR  OR THE DEPARTMENT OF MOTOR VEHICLES OF
 THIS STATE;
   11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE  STATE  OR  RESPECTIVE
 AUTHORITY IN CONNECTION WITH THE PROGRAM;
   12.  THE EXPENSES INCURRED BY THE STATE OR THE RESPECTIVE AUTHORITY IN
 CONNECTION WITH THE PROGRAM;
   13. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE STATE AND THE RESPEC-
 TIVE AUTHORITY ON WORK ZONE SAFETY  PROJECTS  UNDERTAKEN  IN  ACCORDANCE
 WITH SUBDIVISIONS ELEVEN AND TWELVE OF SECTION EIGHTEEN HUNDRED THREE OF
 THIS CHAPTER; AND
 S. 3008--B                         35
 
   14.  THE  QUALITY  OF THE ADJUDICATION PROCESS AND ITS RESULTS, TO THE
 EXTENT THE INFORMATION IS MAINTAINED BY THE EXECUTIVE DIRECTOR, CHAIR OR
 THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE.
   § 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 14 and 15 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
 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] THIRTY 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 subdi-
 vision 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 traf-
 fic  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  HEARING  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 NINE-
 TY-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
 demonstration program, provided, however, that EXCEPT AS PROVIDED PURSU-
 ANT 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 transportation 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. 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.
   12. Where the chair of the New York state thruway authority has estab-
 lished  a demonstration program imposing monetary liability on the owner
 S. 3008--B                         36
 
 of a vehicle for failure of an operator thereof to comply with  subdivi-
 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  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
 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.
   14. 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-
 S. 3008--B                         37
 
 TION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO
 THE STATE COMPTROLLER WITHIN THE FIRST THIRTY DAYS OF THE MONTH  FOLLOW-
 ING  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-
 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.
   15. 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 HEARING OFFICER, TRAFFIC VIOLATIONS BUREAU, OR ADMINIS-
 TRATIVE TRIBUNAL, AS APPLICABLE, FOR AN IMPOSITION  OF  LIABILITY  WHICH
 OCCURS  PURSUANT  TO SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER
 WITHIN THE FIRST THIRTY 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
 S. 3008--B                         38
 
 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 BRIDGE
 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 BRIDGE AUTHORITY, NO LESS THAN SIXTY PERCENT SHALL
 BE DEDICATED TO BRIDGE AUTHORITY WORK ZONE SAFETY PROJECTS AFTER DEDUCT-
 ING THE EXPENSES NECESSARY TO ADMINISTER SUCH PROGRAM, PROVIDED,  HOWEV-
 ER,  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 BRIDGE 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 "BRIDGE AUTHORITY" SHALL MEAN THE NEW YORK
 STATE 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. 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.
   § 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 FIFTEEN OF SECTION EIGHTEEN
 HUNDRED 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:
 S. 3008--B                         39
 
   (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]
 9  years  after  such effective date when upon such date the  provisions
 of 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
 S. 3008--B                         40
 
 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.
 Provided  that  agencies  and authorities authorized to issue notices of
 liability pursuant  to  this  act  shall  evaluate  establishing  mobile
 stations  for  expedited  adjudication,  customer service, processing of
 payments for notices of liability and report on its feasibility  to  the
 governor, temporary president of the senate, and speaker of the assembly
 within one year of the effective date of this act.
   § 9. This act shall take effect immediately; provided however, that:
   (a)  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;
   (b) sections two and three of this act  shall  expire  and  be  deemed
 repealed five years after the effective date of this act.
   (c)  the  amendments  to section 1180-e of the vehicle and traffic law
 made by section one of this act shall not  affect  the  repeal  of  such
 section and shall be deemed repealed therewith; and
   (d)  the  amendments  to subdivisions 11 and 12 of section 1803 of the
 vehicle and traffic law made by section  four  of  this  act  shall  not
 affect  the  repeal  of  such  subdivisions and shall be deemed repealed
 therewith.
   Effective immediately, the addition, amendment and/or  repeal  of  any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                  PART 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 AN OPERATOR OR CREW  OF  A
 PASSENGER  COMMUTER FERRY AS DEFINED IN SUBDIVISION (N) OF SECTION THREE
 HUNDRED OF THE TAX LAW, a train operator, ticket  inspector,  conductor,
 signalperson,  bus  operator,  station  agent, station cleaner, terminal
 cleaner, station customer assistant, traffic checker; person whose offi-
 cial 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,  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
 station, or a train or bus station or terminal, OR ANY  ROADWAYS,  WALK-
 WAYS,  TUNNELS, BRIDGES, TOLLING FACILITIES OR THEIR SUPPORTING SYSTEMS,
 S. 3008--B                         41

 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 EIGHTEEN-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 INSPEC-
 TOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-C  OF  THE  VEHICLE  AND
 TRAFFIC  LAW, prosecutor as defined in subdivision thirty-one of section
 1.20 of the criminal procedure law, sanitation  enforcement  agent,  New
 York  city  sanitation  worker,  public health sanitarian, New York city
 public health sanitarian, registered nurse,  licensed  practical  nurse,
 emergency  medical service paramedic, or emergency medical service tech-
 nician, [he or she] SUCH PERSON causes physical injury to such  OPERATOR
 OR  CREW  OF A PASSENGER COMMUTER FERRY AS DEFINED IN SUBDIVISION (N) OF
 SECTION THREE HUNDRED OF THE TAX LAW, 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 or 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, 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,  traffic  enforcement agent, MOTOR VEHICLE LICENSE
 EXAMINER, MOTOR VEHICLE REPRESENTATIVE, HIGHWAY  WORKER  AS  DEFINED  IN
 SECTION  ONE  HUNDRED  EIGHTEEN-A  OF THE VEHICLE AND TRAFFIC LAW, MOTOR
 CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE
 VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED  IN  SECTION
 ONE  HUNDRED  EIGHTEEN-C  OF  THE VEHICLE AND TRAFFIC LAW, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure law, registered nurse,  licensed  practical  nurse,  public  health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment 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 clean-
 ing  of  a  train,  a  bus,  a ferry, or bus station or terminal, 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
 S. 3008--B                         42
 
 stations,  train  yard  or  revenue  train in passenger service, a ferry
 station, or such city marshal, school crossing guard,  traffic  enforce-
 ment officer, traffic enforcement agent, MOTOR VEHICLE LICENSE EXAMINER,
 MOTOR  VEHICLE  REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR CARRIER  INVES-
 TIGATOR  AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND
 TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION  ONE  HUNDRED
 EIGHTEEN-C OF THE VEHICLE AND TRAFFIC LAW, OPERATOR OR CREW OF A PASSEN-
 GER  COMMUTER  FERRY  AS  DEFINED  IN  SUBDIVISION  (N) OF SECTION THREE
 HUNDRED OF THE TAX LAW, prosecutor as defined in subdivision  thirty-one
 of  section  1.20  of  the  criminal  procedure  law,  registered nurse,
 licensed practical nurse, public health sanitarian, New York city public
 health sanitarian, sanitation enforcement agent, New York  city  sanita-
 tion  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, INSPECTION,
 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
 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.
   §  2-a.  The  commissioner  of motor vehicles shall undertake a public
 education campaign to alert customers of the changes to  120.05  of  the
 penal  law  providing  for  increased penalties for assaulting employees
 performing various motor vehicle-related public functions, as amended by
 section one of this act, and may coordinate with county clerks  perform-
 ing similar functions.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                                  PART S
 S. 3008--B                         43
 
   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
 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.
 S. 3008--B                         44
 
   § 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 EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA OR TRAINING
 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 HUMAN-LIKE INTERPERSONAL INTERACTIONS, BY RETAINING INFORMA-
 TION ON  PRIOR  INTERACTIONS  AND  USER  PREFERENCE,  ASKING  QUESTIONS,
 PROVIDING  ADVICE,  OR  ENGAGING IN SIMULATED CONVERSATION.   HUMAN-LIKE
 INTERPERSONAL INTERACTIONS SHALL INCLUDE, BUT SHALL NOT BE  LIMITED  TO,
 ROMANTIC, PLATONIC, FAMILIAL, ADVERSARIAL, PROFESSIONAL, OFFICIAL, THER-
 APEUTIC,  OR  STRANGER  INTERACTIONS  THAT   ARE   BETWEEN A USER AND  A
 FICTIONAL  OR NON-FICTIONAL CHARACTER OR GROUP OF CHARACTERS. AI COMPAN-
 ION SHALL NOT INCLUDE ANY SYSTEM USED BY A BUSINESS  ENTITY  SOLELY  FOR
 CUSTOMER  SERVICE  OR  TO  STRICTLY PROVIDE USERS WITH INFORMATION ABOUT
 AVAILABLE COMMERCIAL SERVICES  OR  PRODUCTS  PROVIDED  BY  SUCH  ENTITY,
 CUSTOMER  ACCOUNT  INFORMATION, OR OTHER INFORMATION STRICTLY RELATED TO
 ITS CUSTOMER SERVICE.
   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
 OR SELF-HARM EXPRESSED BY A USER TO THE AI COMPANION, THAT INCLUDES  BUT
 IS NOT LIMITED TO:
   1.  DETECTION  OF  USER  EXPRESSIONS  OF POSSIBLE SUICIDAL IDEATION OR
 SELF-HARM;
   2. CEASING A USER'S ACCESS TO AN AI COMPANION FOR AT LEAST TWENTY-FOUR
 HOURS UPON DETECTION OF SUCH USER'S  EXPRESSIONS  OF  POSSIBLE  SUICIDAL
 IDEATION OR SELF-HARM; AND
   3.    A  NOTIFICATION  TO  THE USER THAT REFERS THEM TO CRISIS SERVICE
 PROVIDERS SUCH AS A SUICIDE HOTLINE, CRISIS TEXT LINE, OR  OTHER  APPRO-
 S. 3008--B                         45
 
 PRIATE  CRISIS  SERVICES  UPON  DETECTION  OF SUCH USER'S EXPRESSIONS OF
 POSSIBLE SUICIDAL IDEATION OR SELF-HARM AND WHEN THE NOTIFICATION MAY BE
 BENEFICIAL TO A USER'S WELL-BEING.
   §  1702. NOTIFICATIONS.   THE OWNER, LICENSEE OR OPERATOR OF A GENERA-
 TIVE ARTIFICIAL INTELLIGENCE  SYSTEM  SHALL  CLEARLY  AND  CONSPICUOUSLY
 DISPLAY  A  WARNING  ON  THE  SYSTEM'S USER INTERFACE THAT IS REASONABLY
 CALCULATED TO CONSISTENTLY AND AT ALL TIMES DISCLOSE TO  THE  USER  THAT
 THEY  ARE  COMMUNICATING  WITH  A  COMPUTER AND NOT A HUMAN AND THAT THE
 OUTPUTS OF THE GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM MAY BE  INACCU-
 RATE AND/OR INAPPROPRIATE.
   §  1703.  ENFORCEMENT.  1.    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  APPRO-
 PRIATE.
   2.  WHERE  THE  OWNER, LICENSEE OR OPERATOR OF A GENERATIVE ARTIFICIAL
 INTELLIGENCE SYSTEM FAILS TO PROVIDE THE  WARNING  REQUIRED  IN  SECTION
 SEVENTEEN  HUNDRED TWO OF THIS ARTICLE, SUCH OWNER, LICENSEE OR OPERATOR
 SHALL BE ASSESSED A CIVIL  PENALTY  OF  THE  GREATER  OF  FIVE  THOUSAND
 DOLLARS  OR UP TO ONE HUNDRED DOLLARS PER INSTANCE AND PER DAY OF FAILED
 NOTIFICATION.  EACH CALENDAR YEAR DURING  WHICH  A  VIOLATION  CONTINUES
 SHALL  CONSTITUTE  A SEPARATE VIOLATION FOR THE PURPOSE OF THIS SUBDIVI-
 SION.
   § 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
 
                           Intentionally Omitted
 
                                  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;
 S. 3008--B                         46

   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
   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  A  DESCRIPTION  OF  THE  PRODUCT OR SERVICE SUBJECT TO
 RENEWAL, THE AMOUNT OF THE COSTS THAT WILL BE CHARGED, THE FREQUENCY  OF
 S. 3008--B                         47
 
 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
 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]
 THE 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 CHANGES IN PRICE,
 automatic renewal offer terms or continuous service offer terms, includ-
 ing 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, AND  THE  TERMS  OF  THE  AUTOMATIC
 RENEWAL,  CONTINUOUS  SERVICE  OFFER, OR INCREASED PRICE, AT OR PROMPTLY
 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.]
 FOR A PERIOD OF MORE THAN A MONTH  FOLLOWED  BY  AN  UPCOMING  AUTOMATIC
 RENEWAL  OR  CONTINUOUS  SERVICE  CHARGE TO SUCH CONSUMER'S ACCOUNT, THE
 BUSINESS SHALL PROVIDE SUCH ACKNOWLEDGEMENT AT LEAST THREE DAYS  BEFORE,
 BUT  NOT MORE THAN TWENTY-ONE DAYS BEFORE, THE CANCELLATION DEADLINE FOR
 SUCH AUTOMATIC RENEWAL  OR  CONTINUOUS  SERVICE  CHARGE.  IF  THE  OFFER
 INCLUDES  A  FREE  GIFT OR TRIAL FOR A PERIOD LESS THAN A MONTH BUT MORE
 THAN THREE DAYS, FOLLOWED BY AN UPCOMING AUTOMATIC RENEWAL OR CONTINUOUS
 SERVICE CHARGES TO THE CONSUMER'S ACCOUNT, THE  BUSINESS  SHALL  PROVIDE
 SUCH  ACKNOWLEDGEMENT  AT LEAST THREE DAYS BEFORE THE CANCELLATION DEAD-
 LINE OR CONTINUOUS SERVICE CHARGE.  SUCH  ACKNOWLEDGEMENT  NOTICE  SHALL
 INCLUDE  INSTRUCTIONS  ON HOW TO CANCEL AND ALLOW THE CONSUMER TO CANCEL
 BEFORE THE CONSUMER PAYS FOR THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE
 CHARGE.  SUCH ACKNOWLEDGMENT 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,
 AT  MINIMUM  THROUGH ANY AND ALL MEDIUMS THAT THE BUSINESS USES TO SELL,
 OFFER OR MARKET ITS SERVICES TO POTENTIAL CUSTOMERS, AND ANY  MEDIUM  BY
 WHICH  CONSUMERS  MAY  ACCEPT  AN  AUTOMATIC RENEWAL, CONTINUOUS SERVICE
 OFFER, OR ANY PRICE INCREASE, PROVIDED FURTHER THAT:
 S. 3008--B                         48
 
   (I) WHERE A DIRECT CONNECTION TO  A  LIVE  OR  AUTOMATED  PROCESS  FOR
 CANCELLING  THE  SERVICE THROUGH THE TOLL-FREE NUMBER IS PROVIDED TO THE
 CONSUMER, SUCH OPTION SHALL AT MINIMUM ALWAYS BE AVAILABLE DURING NORMAL
 BUSINESS HOURS, AND IF A CONSUMER LEAVES A  VOICEMAIL  WITH  A  BUSINESS
 REQUESTING  CANCELLATION,  THE  BUSINESS SHALL, WITHIN ONE BUSINESS DAY,
 PROCESS THE REQUESTED CANCELLATION;
   (II) AN OPTION TO CANCEL THROUGH A BUSINESS EMAIL  ADDRESS  IS  ALWAYS
 PROVIDED  TO  THE  CONSUMER,  INCLUDING AN IMMEDIATELY ACCESSIBLE TERMI-
 NATION EMAIL FORMATTED AND PROVIDED BY THE BUSINESS THAT A CONSUMER  CAN
 SEND TO THE BUSINESS WITHOUT ADDITIONAL INFORMATION; AND
   (III)  A  "CANCEL"  BUTTON  OR LINK SHALL BE CLEARLY AND CONSPICUOUSLY
 DISPLAYED ON THE BUSINESS  WEBSITE,  INCLUDING  BUT  NOT  LIMITED  TO  A
 DISPLAY ON THE ACCOUNT, PROFILE OR SETTINGS PAGES OF THE WEBSITE;
   E. IMPOSE UNREASONABLE OR UNLAWFUL CONDITIONS UPON, REFUSE TO ACKNOWL-
 EDGE,  OBSTRUCT  OR  DELAY CANCELLATION REQUESTED OR ATTEMPTS TO REQUEST
 CANCELLATION 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-
 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. SUCH NOTICE SHALL INCLUDE  INSTRUCTIONS
 ON HOW TO CANCEL SUCH RENEWAL CHARGE; 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.
 S. 3008--B                         49

   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.  IN THE CASE OF A CHANGE IN
 THE  FEE  CHARGED  UNDER  AN  EXISTING  AUTOMATIC  RENEWAL OR CONTINUOUS
 SERVICE OFFER THAT HAS BEEN ACCEPTED BY A CONSUMER, THE  BUSINESS  SHALL
 PROVIDE, NO LESS THAN SEVEN DAYS AND NO MORE THAN THIRTY DAYS BEFORE THE
 FEE  CHANGE TAKES EFFECT, THE CONSUMER WITH BOTH OF THE FOLLOWING: (I) A
 CLEAR AND CONSPICUOUS NOTICE OF THE FEE  CHANGE;  AND  (II)  INFORMATION
 REGARDING  HOW TO CANCEL SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE IN
 A MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER.
   1-A. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AT MINIMUM, A  BUSINESS
 THAT  MAKES AN AUTOMATIC RENEWAL OFFER OR CONTINUOUS SERVICE OFFER SHALL
 AT ALL TIMES PROVIDE A COST-EFFECTIVE, TIMELY, AND EASY-TO-USE MECHANISM
 FOR CANCELLATION THAT SHALL BE DESCRIBED IN THE  ACKNOWLEDGMENTS  SPECI-
 FIED IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION. FOR CANCELLATION
 OF  CONSENT  OBTAINED  IN  PERSON, IN ADDITION TO OFFERING CANCELLATION,
 WHERE PRACTICAL, VIA AN IN-PERSON METHOD SIMILAR TO  THAT  THE  CONSUMER
 USED  TO CONSENT, THE BUSINESS SHALL AT LEAST OFFER CANCELLATION THROUGH
 AN ONLINE MECHANISM OR OVER A TELEPHONE NUMBER.
   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
 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
 S. 3008--B                         50
 
 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.
   § 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.
   (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, PROVIDED, HOWEVER, THAT PERSONALIZED ALGORITHMIC PRICING  SHALL
 NOT  INCLUDE  REDUCTION  IN  PRICE  BASED ON PROMOTIONAL OFFERS, LOYALTY
 PROGRAM BENEFITS, OR OTHER TEMPORARY  DISCOUNTS  FOR  THE  RETENTION  OF
 EXISTING CUSTOMERS.
   (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:
 S. 3008--B                         51
 
   "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 THE USE OF
 THAT DATA HAS THE EFFECT OF WITHHOLDING OR DENYING A PERSON, TO WHOM THE
 PROTECTED CLASS DATA PERTAINS TO, ANY OF THE ACCOMMODATIONS, ADVANTAGES,
 UTILITY, OR PRIVILEGES ACCORDED TO OTHERS WHO DO NOT SHARE  THE  CHARAC-
 TERISTICS OF SUCH PROTECTED CLASS DATA.
   C.  NOTHING IN THIS SUBDIVISION SHALL APPLY TO:
   (I)  ANY INSURANCE POLICY OFFERINGS ENUMERATED UNDER SECTION ONE THOU-
 SAND ONE HUNDRED THIRTEEN  OF  THE  INSURANCE  LAW,  INCLUDING  POLICIES
 PROCURED  BY  A DULY LICENSED EXCESS LINE BROKER PURSUANT TO SECTION TWO
 THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW;
   (II) AN ENTITY SUBJECT TO THE FEDERAL FAIR CREDIT  REPORTING  ACT  (15
 U.S.  CODE  §  1681) WHEN PROCESSING INFORMATION IN COMPLIANCE WITH SUCH
 ACT OR ITS IMPLEMENTING;
   (III) AN ENTITY SUBJECT TO THE GRAMM-LEACH-BLILEY ACT (PUBLIC LAW  NO.
 106-102)  PROCESSING  INFORMATION  IN  COMPLIANCE  WITH  SUCH ACT OR ITS
 IMPLEMENTING REGULATIONS;
   (IV) PRICING ASSOCIATED WITH MEMBERSHIP-BASED PROGRAMS OFFERING EXCLU-
 SIVE BENEFITS, SERVICES, OR DISCOUNTS RELATED  TO  CUSTOMER  AFFILIATION
 WITH AN ORGANIZATION OR  GROUP, PROVIDED THAT SUCH PROGRAM IS NOT PRIMA-
 RILY  ENGAGED  IN THE SALE OF GOODS OR SERVICES TO THE GENERAL PUBLIC AT
 RETAIL; OR
   (V) PRICING NECESSARY FOR COMPLIANCE WITH LOCAL, STATE OR FEDERAL LAW.
   § 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.
   § 3-a. Section 396 of the general business law is amended by adding  a
 new subdivision 5 to read as follows:
   5. A ONLINE RETAILER THAT ALSO FUNCTIONS AS A MARKETPLACE FOR THE SALE
 OF GOODS TO CONSUMERS IN THIS STATE, WITH TOTAL ANNUAL REVENUE EXCEEDING
 ONE  BILLION DOLLARS, MAY NOT ALTER THE INITIALLY PUBLISHED PRICE ESTAB-
 LISHED THROUGH DYNAMIC PRICING LISTED ON ANY PRODUCT MORE THAN ONCE IN A
 SINGLE CALENDAR DAY. ONCE PRICE FOR A GOOD IS ESTABLISHED,  IT  MUST  BE
 RETAINED  FOR THE ENTIRETY OF THE CALENDAR DAY REGARDLESS OF LOCATION OR
 PURCHASING BEHAVIOR OF THE CONSUMER. NOTHING IN THIS  SUBDIVISION  SHALL
 APPLY  TO AUCTION-BASED LISTINGS, PROVIDED SUCH LISTINGS ARE PROMOTED AS
 S. 3008--B                         52
 
 SUCH. FOR THE PURPOSES OF THIS SECTION, "DYNAMIC PRICING" SHALL HAVE THE
 SAME MEANING AS SECTION THREE HUNDRED FORTY-NINE-A OF THIS CHAPTER.
   §  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.
         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. LIMITATION ON 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, PAYABLE IN FOUR OR FEWER INSTALLMENTS WITHOUT INTEREST,
 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-
 S. 3008--B                         53
 
 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.
   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.  THE APPLICANT SHALL ALSO  SUBMIT
 POLICIES  AND  PROCEDURES  FOR  THE  UNDERWRITING  STANDARDS UTILIZED IN
 EXTENDING BUY-NOW-PAY-LATER LOANS TO CONSUMERS.
   § 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 SHALL 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
 S. 3008--B                         54
 
 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
 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,
 S. 3008--B                         55
 
 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.
   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
 S. 3008--B                         56
 
 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.
   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 DECEPTIVE OR UNFAIR 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. LIMITATION ON CHARGES. 1. SUBJECT TO APPLICABLE FEDERAL LAW, NO
 BUY-NOW-PAY-LATER  LENDER  SHALL  CHARGE,  CONTRACT  FOR,  OR  OTHERWISE
 RECEIVE  FROM  A CONSUMER ANY INTEREST, DISCOUNT, OR OTHER CONSIDERATION
 IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN.
   2. THE SUPERINTENDENT SHALL ESTABLISH A STANDARD AMOUNT OR  PERCENTAGE
 FOR  TOTAL  MAXIMUM  CHARGE  OR  FEE  IN  CONNECTION  WITH LATE PAYMENT,
 DEFAULT, ANY FEE IN CONNECTION WITH A  BUY-NOW-PAY-LATER  LOAN,  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
 S. 3008--B                         57
 
 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 SHALL PROMULGATE RULES AND REGULATIONS REGARDING
 THE MANNER OF CHARGING 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 FEES, REPAYMENT  SCHEDULE,  THE
 MEANS  BY  WHICH  A  CONSUMER MAY DISPUTE BILLING PRACTICES, 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,  PERFORM  REASONABLE
 RISK-BASED  UNDERWRITING.  A  BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR
 CAUSE TO BE DISCLOSED THE FACTORS CONSIDERED IN ITS  UNDERWRITING  PROC-
 ESS, IN A CLEAR AND CONSPICUOUS MANNER, TO THE CONSUMER.  A BUY-NOW-PAY-
 LATER  LENDER  SHALL  MAINTAIN  OR  CAUSE  TO BE MAINTAINED POLICIES AND
 PROCEDURES FOR REASONABLE UNDERWRITING STANDARDS THAT MAY BE REVIEWED BY
 THE SUPERINTENDENT. NO BUY-NOW-PAY-LATER LENDER 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.
   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
 S. 3008--B                         58
 
 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.
   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  DECEPTIVE  OR UNFAIR 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.
 S. 3008--B                         59
 
   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
 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
 S. 3008--B                         60
 
 student  loan  servicer,  licensed  insurance  premium  finance  agency,
 licensed transmitter of money, licensed budget planner, any other person
 or  entity subject to supervision under this chapter, or the department,
 shall  be  confidential communications, shall not be subject to subpoena
 and shall not be made public unless, in the judgment of the  superinten-
 dent,  the ends of justice and the public advantage will be subserved by
 the publication thereof, in which event the superintendent  may  publish
 or  authorize  the  publication of a copy of any such report or any part
 thereof in such manner as may be  deemed  proper  or  unless  such  laws
 specifically  authorize such disclosure. For the purposes of this subdi-
 vision, "reports of examinations and investigations, and any correspond-
 ence and memoranda concerning or arising out of  such  examinations  and
 investigations",  includes  any  such  materials of a bank, insurance or
 securities regulatory agency or any unit of the  federal  government  or
 that  of  this  state  any other state or that of any foreign government
 which are considered confidential by such agency or unit and  which  are
 in  the possession of the department or which are otherwise confidential
 materials that have been shared by the department with any  such  agency
 or unit and are in the possession of such agency or unit.
   § 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
 by chapter 360 of the laws of 1984, are amended to read as follows:
   3. In addition to any reports expressly required by this chapter to be
 made,  the superintendent may require any banking organization, licensed
 lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed  casher  of  checks,
 licensed  mortgage  banker,  foreign banking corporation licensed by the
 superintendent to do business in this state, bank  holding  company  and
 any  non-banking  subsidiary thereof, corporate affiliate of a corporate
 banking organization within the meaning of subdivision  six  of  section
 thirty-six  of  this  article and any non-banking subsidiary of a corpo-
 ration which is an affiliate of a corporate banking organization  within
 the  meaning  of subdivision six-a of section thirty-six of this article
 to make special reports to [him] 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
 S. 3008--B                         61
 
 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
 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-
 S. 3008--B                         62
 
 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.
   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
 S. 3008--B                         63
 
 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:
   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.
   § 12-a. Section 340 of the banking law, as amended by  chapter  22  of
 the laws of 1990, is amended to read as follows:
 S. 3008--B                         64
 
   § 340.  Doing  business without license prohibited. No person or other
 entity shall engage in the business of making  loans  in  the  principal
 amount  of twenty-five thousand dollars or less for any loan to an indi-
 vidual for personal, family, household, or investment purposes and in  a
 principal  amount  of  fifty  thousand  dollars or less for business and
 commercial loans, and charge, contract for, or receive a greater rate of
 interest than the lender would be permitted by law  to  charge  if  [he]
 THEY  were not a licensee hereunder except as authorized by this article
 and without first obtaining a license from the superintendent.
   For the purposes of this section, a person or entity shall be  consid-
 ered  as  engaging  in  the  business  of  making loans in New York, and
 subject to the licensing and other requirements of this article,  if  it
 solicits  loans  in  the  amounts prescribed by this section within this
 state and, in connection with such solicitation, makes loans to individ-
 uals then resident in this state, except that no person or entity  shall
 be  considered as engaging in the business of making loans in this state
 on the basis of isolated, incidental or  occasional  transactions  which
 otherwise meet the requirements of this section.
   FOR  THE  PURPOSES  OF  THIS SECTION, PROVIDING CLOSED-END CREDIT TO A
 CONSUMER IN NEW YORK IN CONNECTION WITH THE  PURCHASE  OF  GOODS  AND/OR
 SERVICES  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  CLOSED-END  CREDIT TO A CONSUMER, OTHER THAN A MOTOR
 VEHICLE AS DEFINED UNDER SECTION ONE HUNDRED TWENTY-FIVE OF THE  VEHICLE
 AND TRAFFIC LAW OR A BUY-NOW-PAY-LATER LOAN, AS DEFINED IN ARTICLE FOUR-
 TEEN-B  OF THIS CHAPTER, SHALL BE CONSIDERED AS ENGAGING IN THE BUSINESS
 OF MAKING LOANS IN NEW YORK AND  SUBJECT  TO  THE  LICENSING  AND  OTHER
 REQUIREMENTS OF THIS ARTICLE.
   Nothing  in  this  article  shall  apply  to  licensed collateral loan
 brokers.
   § 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
 
   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;
 S. 3008--B                         65
 
   (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

                           Intentionally Omitted
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC
 S. 3008--B                         66
 
                           Intentionally Omitted
 
                                  PART DD
 
                           Intentionally Omitted
 
                                  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] 2026.
   § 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] 2026, 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
 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
 S. 3008--B                         67

 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
 
                           Intentionally Omitted
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
                           Intentionally Omitted
 
                                  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.
 S. 3008--B                         68
 
                                  PART MM
 
   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
   § 1-a. Subdivision 6-d of section 163 of the  state  finance  law,  as
 amended  by  section 28 of part PP of chapter 56 of the laws of 2022, is
 amended to read as follows:
   6-d. Pursuant to the authority provided in  subdivision  six  of  this
 section,  state agencies shall report annually on a fiscal year basis by
 July first of the ensuing year to the director of the division of minor-
 ity and women-owned business development  the  total  number  and  total
 value  of  contracts awarded to businesses certified pursuant to article
 fifteen-A of the executive law, and with respect to contracts awarded to
 businesses certified pursuant to article three of the veterans' services
 law such information shall be reported to the division of  service-disa-
 bled  veteran-owned  business enterprises for inclusion in their respec-
 tive annual reports. PROVIDED THAT  STATE  AGENCIES  SHALL  ADDITIONALLY
 REPORT  ON  CONTRACTS  ENTERED  INTO  USING THE AUTHORITY PROVIDED UNDER
 PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION, WHICH  SHALL  INCLUDE,
 BUT    NOT  BE  LIMITED  TO, THE PERCENTAGE OF THE TOTAL DOLLAR VALUE OF
 CONTRACTS AWARDED TO MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTITIES  AND
 SERVICE-DISABLED  VETERAN-OWNED BUSINESS ENTITIES RELATIVE TO THE PREVI-
 OUS  FISCAL  YEAR'S  TOTAL  AWARDS  FOR  ALL  COMMODITIES  AND  SERVICES
 PURCHASES,  A COMPARISON OF THE PERCENTAGE OF PURCHASES AWARDED PURSUANT
 TO SUCH PARAGRAPH DURING THE FISCAL YEAR RELATIVE TO THE  PERCENTAGE  OF
 SUCH  PURCHASES AWARDED IN THE PREVIOUS FISCAL YEAR, A COMPARISON OF THE
 PARTICIPATION RATE AND TOTAL DOLLAR VALUE  OF  AWARDS  TO  MINORITY  AND
 WOMEN-OWNED    BUSINESS  ENTERPRISES  AND SERVICE-DISABLED VETERAN-OWNED
 BUSINESSES USING THE EXPANDED AUTHORITY UNDER SUCH PARAGRAPH RELATIVE TO
 SUCH PARTICIPATION RATE AND TOTAL DOLLAR VALUE OF AWARDS PURSUANT TO THE
 PREVIOUS AUTHORIZATION LEVELS, THE LENGTH OF TIME BETWEEN COMPLETION  OF
 THE  CONTRACT AND THE DATE IN WHICH THE BUSINESS ENTERPRISE RECEIVED THE
 FULL EXPENDITURE OF FUNDS AGREED UPON IN THE CONTRACT OR RELEVANT AMEND-
 MENT, AND A DESCRIPTION OF  EACH  CONTRACT  AWARDED  TO  A  MINORITY  OR
 WOMEN-OWNED  BUSINESS  ENTITY OR SERVICE-DISABLED VETERAN-OWNED BUSINESS
 ENTITY PURSUANT TO SUCH  PARAGRAPH,  INCLUDING  THE  LIST  OF  QUALIFIED
 BIDDERS AND THE TOTAL COST OF EACH PROJECT.
   § 2. Subparagraph (i) of paragraph (b) of subdivision 3, and paragraph
 (a)  of  subdivision 8 of section 2879 of the public authorities law, as
 amended by chapter 96 of the laws  of  2019,  are  amended  to  read  as
 follows:
   (i)  for the selection of such contractors on a competitive basis, and
 provisions relating to the circumstances under which the  board  may  by
 resolution  waive  competition,  including,  notwithstanding  any  other
 provision of  law  requiring  competition,  the  purchase  of  goods  or
 services  from  small  business  concerns those certified as minority or
 women-owned business enterprises, or goods or technology that are  recy-
 cled or remanufactured, in an amount not to exceed five hundred thousand
 dollars without a formal competitive process, PROVIDED THAT THE ENVIRON-
 MENTAL  FACILITIES CORPORATION, THE BATTERY PARK CITY AUTHORITY, THE NEW
 S. 3008--B                         69
 
 YORK STATE HOUSING FINANCE AGENCY CONSTITUTED UNDER ARTICLE THREE OF THE
 PRIVATE HOUSING FINANCE LAW, AND THE HUDSON RIVER PARK TRUST AS  CONSTI-
 TUTED  UNDER  THE HUDSON RIVER PARK ACT MAY BY RESOLUTION WAIVE COMPETI-
 TION  FOR THE PURCHASE OF GOODS OR SERVICES IN THE CITY OF NEW YORK FROM
 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
 PROCESS;
   (a)  Each  corporation shall annually submit its report on procurement
 contracts to the division of  the  budget  and  copies  thereof  to  the
 department of audit and control, the department of economic development,
 the  senate finance committee and the assembly ways and means committee.
 Such report shall include the total number and  total  dollar  value  of
 contracts  awarded to certified minority and women-owned business enter-
 prises pursuant to subparagraph (i)  of  paragraph  (b)  of  subdivision
 three of this section. PROVIDED THAT THE ENVIRONMENTAL FACILITIES CORPO-
 RATION,  THE  BATTERY  PARK  CITY  AUTHORITY, THE NEW YORK STATE HOUSING
 FINANCE AGENCY, AND THE  HUDSON  RIVER  PARK  TRUST  SHALL  ADDITIONALLY
 REPORT  ON  CONTRACTS ENTERED INTO USING THE EXPANDED AUTHORITY PROVIDED
 UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF  SUBDIVISION  THREE  OF  THIS
 SECTION,  WHICH SHALL INCLUDE, BUT  NOT BE LIMITED TO, THE PERCENTAGE OF
 THE TOTAL DOLLAR VALUE OF CONTRACTS AWARDED TO MINORITY AND  WOMEN-OWNED
 BUSINESS  ENTITIES  AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTITIES
 RELATIVE TO THE PREVIOUS FISCAL YEAR'S TOTAL AWARDS FOR  ALL  GOODS  AND
 SERVICES PURCHASES, A COMPARISON OF THE PERCENTAGE OF GOODS AND SERVICES
 PURCHASES  AWARDED  PURSUANT TO SUCH SUBPARAGRAPH DURING THE FISCAL YEAR
 RELATIVE TO THE PERCENTAGE OF SUCH PURCHASES  AWARDED  IN  THE  PREVIOUS
 FISCAL  YEAR,  A  COMPARISON  OF THE PARTICIPATION RATE AND TOTAL DOLLAR
 VALUE OF AWARDS TO MINORITY AND WOMEN-OWNED   BUSINESS  ENTERPRISES  AND
 SERVICE-DISABLED  VETERAN-OWNED  BUSINESSES  USING THE AUTHORITY GRANTED
 UNDER SUCH SUBPARAGRAPH RELATIVE TO SUCH PARTICIPATION  RATE  AND  TOTAL
 DOLLAR  VALUE  OF  AWARDS PURSUANT TO THE PREVIOUS AUTHORIZATION LEVELS,
 THE LENGTH OF TIME BETWEEN COMPLETION OF THE CONTRACT AND  THE  DATE  IN
 WHICH  THE  BUSINESS  ENTERPRISE  RECEIVED THE FULL EXPENDITURE OF FUNDS
 AGREED UPON IN THE CONTRACT OR RELEVANT AMENDMENT, AND A DESCRIPTION  OF
 EACH  CONTRACT  AWARDED TO A MINORITY OR WOMEN-OWNED  BUSINESS ENTITY OR
 SERVICE-DISABLED VETERAN-OWNED BUSINESS  ENTITY PURSUANT TO SUCH SUBPAR-
 AGRAPH, INCLUDING THE LIST OF QUALIFIED BIDDERS AND THE  TOTAL  COST  OF
 EACH PROJECT.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 163 of the state finance law made by  sections
 one  and  one-a  of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.
 
                                  PART NN
 
                           Intentionally Omitted
 
                                  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-
 S. 3008--B                         70
 
 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.
   § 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.
 S. 3008--B                         71
 
   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-
 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 ONE HUNDRED FIFTY THOUSAND DOLLARS TO EACH  COUNTY
 OR THREE HUNDRED THOUSAND DOLLARS TO TWO SUCH COUNTIES APPLYING JOINTLY,
 AND  SHALL  NOT  EXCEED SEVENTY-FIVE 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
 S. 3008--B                         72
 
 ADDITIONAL STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED ONE HUNDRED  FIFTY
 THOUSAND  DOLLARS TO EACH COUNTY WHETHER APPLYING INDIVIDUALLY OR IF TWO
 OR MORE COUNTIES ARE APPLYING JOINTLY, AND SHALL NOT EXCEED SEVENTY-FIVE
 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-
 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 ONE HUNDRED FIFTY 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 SEVENTY-FIVE PERCENT OF THE COST OF PREPARING AN AGRICULTURAL AND
 FARMLAND PROTECTION PLAN. STATE ASSISTANCE PAYMENTS FOR PLANNING  ACTIV-
 ITIES  CONDUCTED  BY THE CITY OF NEW YORK SHALL NOT EXCEED THREE HUNDRED
 S. 3008--B                         73
 
 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 ONE HUNDRED FIFTY
 THOUSAND DOLLARS TO EACH MUNICIPALITY OTHER THAN A COUNTY WHETHER APPLY-
 ING INDIVIDUALLY OR IF TWO OR MORE MUNICIPALITIES ARE APPLYING  JOINTLY,
 AND  SHALL  NOT  EXCEED SEVENTY-FIVE PERCENT OF THE COST OF PREPARING AN
 AGRICULTURAL 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  THREE  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:
   § 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
 S. 3008--B                         74

 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-
 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.
 S. 3008--B                         75
 
   (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-
 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
 S. 3008--B                         76
 
 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
 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:
 S. 3008--B                         77
 
   (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
 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
 S. 3008--B                         78
 
 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] TWENTY-SEV-
 EN, 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]  TWENTY-SEVEN,
 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] TWENTY-SEV-
 EN, 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
   [(c)]  (B)  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] TWENTY-SEV-
 EN, the tire service shall collect the waste tire management and recycl-
 ing  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] TWENTY-
 SEVEN, any additional waste tire management and recycling costs  of  the
 S. 3008--B                         79
 
 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].
   § 2. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. Section 27-1301 of the environmental  conservation  law  is
 amended  by adding five new subdivisions 7-a, 8, 9, 10 and 11 to read as
 follows:
   7-A. "MUNICIPALITY" MEANS A CITY, COUNTY, TOWN, VILLAGE, PUBLIC  BENE-
 FIT  CORPORATION OR SCHOOL DISTRICT, OR AN IMPROVEMENT DISTRICT WITHIN A
 CITY, COUNTY, TOWN, OR VILLAGE, OR  AN INDIAN TRIBE RESIDING WITHIN  THE
 STATE, OR ANY COMBINATION THEREOF.
   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,
 GROUND WATER, DRINKING WATER SUPPLIES, AND OTHER SUCH RESOURCES  BELONG-
 ING  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;
 S. 3008--B                         80
 
   (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 and a new paragraph b-1 is added 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 AN AREA 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,
 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.
   B-1. THE DEPARTMENT SHALL PRIORITIZE REMEDIAL PROGRAMS AT SITES PLACED
 IN  CLASSIFICATION  1 OR 2, AS DESCRIBED IN SUBPARAGRAPHS ONE AND TWO OF
 PARAGRAPH B OF THIS  SUBDIVISION,  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.
 S. 3008--B                         81
 
   § 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
 ANY HEARING OFFICERS APPOINTED.
   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 statuto-
 ry  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.
 S. 3008--B                         82
 
   (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, EXCEPT WHERE SUCH MUNICIPALITY'S LIABILITY
 ARISES OUT OF PFAS CONTAMINATION RESULTING FROM THE USE OF  FIREFIGHTING
 FOAM  CONTAINING PFAS AND SUCH USE WAS AT THAT TIME MANDATED BY STATE OR
 FEDERAL LAW, AND SUCH CONTAMINATION WAS NOT THROUGH GROSS NEGLIGENCE  OR
 WILLFUL OR INTENTIONAL MISCONDUCT.  FOR PURPOSES OF THIS PARAGRAPH, PFAS
 SHALL  MEAN  PFAS  CHEMICALS,  AS SUCH TERM IS DEFINED IN PARAGRAPH F OF
 SUBDIVISION ONE OF SECTION THREE HUNDRED  NINETY-ONE-U  OF  THE  GENERAL
 BUSINESS  LAW, AS ADDED BY CHAPTER EIGHTY-EIGHT OF THE LAWS OF TWO THOU-
 SAND TWENTY.
   (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;
   (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
 S. 3008--B                         83
 
 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.
   3. IN ANY CASE WHERE THE RESPONSIBLE PERSON 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  PERSON
 LIKELY  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
 RESPONSIBLE  PERSON IF ANY ACTION HAD BEEN BROUGHT AGAINST THE RESPONSI-
 BLE PERSON BY THE CLAIMANT AND WHICH WOULD HAVE BEEN  AVAILABLE  TO  THE
 GUARANTOR  IF  AN  ACTION  HAD BEEN BROUGHT AGAINST THE GUARANTOR BY THE
 RESPONSIBLE PERSON.
 S. 3008--B                         84
 
   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 PERSON 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 PERSON 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  PERSON,  WHO  PROVIDES  EVIDENCE  OF
 FINANCIAL RESPONSIBILITY FOR A RESPONSIBLE PERSON 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  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 CHAP-
 TER.   NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRA-
 RY, THE COMMISSIONER SHALL HAVE THE AUTHORITY  TO  APPROVE  EXPENDITURES
 FROM THE HAZARDOUS WASTE REMEDIAL FUND TO FINANCE A SHARE OF THE OVERALL
 SITE  RESPONSE  COSTS  IN INSTANCES WHERE THE COMMISSIONER IN THEIR SOLE
 DISCRETION DETERMINES THAT SUCH ACTION IS IN  THE  PUBLIC  INTEREST,  IS
 CONSISTENT WITH THE NATIONAL CONTINGENCY PLAN,  WOULD EXPEDITE EFFECTIVE
 REMEDIAL ACTIONS, AND WOULD MINIMIZE LITIGATION. THE ABSENCE OF ANY SUCH
 FINANCING  EXPENDITURES  SHALL NOT BE SUBJECT TO ADMINISTRATIVE OR JUDI-
 CIAL REVIEW.
   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, AFTER GIVING CONSIDERATION TO THE  NATIONAL  CONTINGENCY  PLAN  AS
 DEFINED  BY  42  U.S.C.  9601(31),  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  AND  FIRST  USED TO ASSESS, RESTORE, REHABILITATE, AND REPLACE THE
 NATURAL RESOURCES AT THE SITE FOR WHICH THE DAMAGES  WERE  ASSESSED,  TO
 THE EXTENT PRACTICABLE. ANY AMOUNTS THAT WOULD OTHERWISE BE ALLOCATED TO
 ASSESSMENT,  RESTORATION,  REHABILITATION,  AND  REPLACEMENT AT THE SITE
 WHERE ASSESSMENT, RESTORATION,  REHABILITATION  OR  REPLACEMENT  IS  NOT
 PRACTICABLE  SHALL  BE  USED  EXCLUSIVELY  TO  PAY OR REIMBURSE COSTS OF
 ACQUIRING THE EQUIVALENT OF THE AFFECTED NATURAL RESOURCES. THE  MEASURE
 S. 3008--B                         85
 
 OF  COMPENSATION  FOR  INJURY  TO,  DESTRUCTION  OF,  OR LOSS OF NATURAL
 RESOURCES IS THE COST OF:
   (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, EXCEPT  THAT
 THE  STATE SHALL NOT HAVE A LIEN AGAINST REAL PROPERTY OF A VOLUNTEER AS
 SUCH TERM IS DEFINED IN PARAGRAPH (B)  OF  SUBDIVISION  ONE  OF  SECTION
 27-1405  OF  THIS  ARTICLE  THAT  IS THE SUBJECT OF A BROWNFIELD CLEANUP
 UNDER TITLE FOURTEEN OF THIS ARTICLE THAT IS  BEING  UNDERTAKEN  OR  HAS
 BEEN  COMPLETED  BY  A VOLUNTEER, PROVIDED THAT THE VOLUNTEER IS IN FULL
 COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER WITH  RESPECT  THERETO,
 DOES NOT IMPEDE THE PERFORMANCE OF A RESPONSE ACTION OR NATURAL RESOURCE
 RESTORATION,  REHABILITATION,  OR  REPLACEMENT, AND IS NOT ENGAGING WITH
 THE DEPARTMENT IN BAD FAITH WITH RESPECT TO SUCH RESPONSE  COSTS  AND/OR
 NATURAL RESOURCE DAMAGES.
   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
 S. 3008--B                         86
 
 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:
   (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  RESPONSE,
 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
 S. 3008--B                         87
 
 THE DEFENSES IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION 27-1323  OF
 THIS TITLE OR 42 U.S.C. §9607(B) AND (D) APPLIES, AND THE OWNER OR OPER-
 ATOR  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 FOR
 THE  INCREMENTAL  INCREASES  IN THE FAIR MARKET VALUE OF THE SITE DUE TO
 THE RESPONSE ACTION BEING CARRIED OUT BY THE DEPARTMENT ABOVE  THE  FAIR
 MARKET  VALUE  OF  THE  SITE THAT EXISTED BEFORE THE RESPONSE ACTION WAS
 INITIATED, 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.
   (C) THE CONDITIONS REFERRED TO IN PARAGRAPH (B)  OF  THIS  SUBDIVISION
 ARE THE FOLLOWING:
   (I)  A  RESPONSE ACTION IS CARRIED OUT AT THE INACTIVE HAZARDOUS WASTE
 DISPOSAL SITE FOR WHICH THERE ARE UNRECOVERED COSTS OF THE DEPARTMENT.
   (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. (A) WHEN THE COMMISSIONER DETER-
 MINES THAT THERE MAY BE AN IMMINENT DANGER TO THE HEALTH OR  WELFARE  OF
 THE  PEOPLE  OF THE STATE OR THE ENVIRONMENT, OR AN ACTUAL OR THREATENED
 RELEASE OF A  HAZARDOUS  SUBSTANCE  FROM  AN  INACTIVE  HAZARDOUS  WASTE
 DISPOSAL  SITE  RESULTING  IN,  OR  LIKELY TO RESULT IN, IRREVERSIBLE OR
 IRREPARABLE DAMAGE TO NATURAL RESOURCES, THE  COMMISSIONER  MAY  REQUEST
 THE  ATTORNEY GENERAL TO SECURE SUCH RELIEF AS MAY BE NECESSARY TO ABATE
 SUCH DANGER, THREAT OR DAMAGE, 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.
   (B)   AN ABATEMENT ACTION MAY NOT BE TAKEN AGAINST A PERSON WHO ESTAB-
 LISHES TO THE SATISFACTION OF THE COMMISSIONER, AND IN THE TIMEFRAME SET
 FORTH BY THE COMMISSIONER TO DO SO, THAT THEIR LIABILITY  ARISES  SOLELY
 AS  A  RESULT  OF SUCH PERSON'S OWNERSHIP OR OPERATION OF OR INVOLVEMENT
 WITH THE SITE, THE SITE WAS ACQUIRED BY SUCH PERSON AFTER  THE  DISPOSAL
 OR  PLACEMENT  OF  THE HAZARDOUS WASTE ON, IN, OR AT SUCH  SITE, THAT AT
 THE TIME SUCH PERSON ACQUIRED THE SITE, SUCH PERSON DID NOT KNOW AND HAD
 S. 3008--B                         88
 
 NO REASON TO KNOW AS ESTABLISHED TO THE SATISFACTION OF THE COMMISSIONER
 WITHIN THE MEANING OF SUBPARAGRAPH (I) OF PARAGRAPH (B)  OF  SUBDIVISION
 FOUR  OF  SECTION  27-1323 OF THIS TITLE THAT ANY HAZARDOUS WASTE  WHICH
 IS    THE SUBJECT  OF THE ABATEMENT ACTION WAS DISPOSED OF ON, IN, OR AT
 THE SITE,   AND SUCH PERSON EXERCISES AND HAS EXERCISED APPROPRIATE CARE
 WITH RESPECT TO CONTAMINATION FOUND AT THE  SITE  BY  TAKING  REASONABLE
 STEPS TO:
   (I) STOP ANY CONTINUING RELEASE;
   (II) PREVENT ANY THREATENED FUTURE RELEASE; AND
   (III)  PREVENT  OR  LIMIT  HUMAN,  ENVIRONMENTAL,  OR NATURAL RESOURCE
 EXPOSURE TO ANY PREVIOUSLY RELEASED HAZARDOUS WASTE.
   THE PROTECTION GRANTED BY THIS PARAGRAPH SHALL NOT BE AVAILABLE WHERE,
 IN THE SOLE DISCRETION OF  THE  COMMISSIONER,  IT  COULD  PREJUDICE  THE
 RELIEF NECESSARY TO ABATE THE DANGER, THREAT, OR DAMAGE.
   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
 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
 S. 3008--B                         89
 
 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 AN IMMINENT DANGER OR A  SIGNIFICANT  THREAT  TO  THE
 HEALTH OR WELFARE OF THE PEOPLE OF THE STATE OR THE ENVIRONMENT POSED BY
 HAZARDOUS  WASTE  AT  AN  INACTIVE HAZARDOUS WASTE DISPOSAL SITE; 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
 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; PROVIDED THAT ANY SUCH EXPENDITURES SHALL NOT  RELIEVE  ANY  PERSON
 OTHERWISE  RESPONSIBLE  FOR  CONTINUED MAINTENANCE AND OPERATION OF SUCH
 ENGINEERING CONTROLS FROM ANY RESPONSIBILITY OR LIABILITY  WITH  RESPECT
 TO SUCH ENGINEERING CONTROLS.
   §  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
 S. 3008--B                         90

 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] AT ANY  TIME
 PRODUCED,  SOLD,  OR  DISTRIBUTED a class B firefighting foam prohibited
 under subdivision three of this section shall recall [the] ALL  OF  SUCH
 product[, which includes] SOLD OR DISTRIBUTED, REGARDLESS OF WHEN IT WAS
 SOLD  OR  DISTRIBUTED, WHETHER PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE
 OF CHAPTER EIGHTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY.  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] OF PFAS CHEMICALS 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. ALL SUCH RECALLS SHALL OCCUR WITHIN TWO YEARS OF THE  EFFECTIVE
 DATE  OF  THE  CHAPTER  OF  THE  LAWS  OF TWO THOUSAND TWENTY-FIVE WHICH
 AMENDED THIS PARAGRAPH.
   § 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:
   (C) (I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MANUFAC-
 TURER OR OTHER PERSON THAT SELLS FIREFIGHTING PERSONAL PROTECTIVE EQUIP-
 MENT TO A PERSON, LOCAL GOVERNMENT, OR STATE AGENCY SHALL  NOT  MANUFAC-
 TURE,  KNOWINGLY SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE OR DISTRIBUTE
 FOR USE IN THE STATE  ANY  FIREFIGHTING  PERSONAL  PROTECTIVE  EQUIPMENT
 CONTAINING INTENTIONALLY ADDED PFAS CHEMICALS; AND
   (II)  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND THIRTY, NO SUCH PERSON
 SHALL MANUFACTURE, KNOWINGLY SELL, OFFER FOR SALE, DISTRIBUTE  FOR  SALE
 OR DISTRIBUTE FOR USE IN THE STATE ANY FIREFIGHTING  PERSONAL PROTECTIVE
 EQUIPMENT  CONTAINING PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES AT OR
 ABOVE A LEVEL THAT THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  SHALL
 S. 3008--B                         91
 
 ESTABLISH  IN  REGULATION WHICH IS THE LOWEST LEVEL THAT CAN FEASIBLY BE
 ACHIEVED, PROVIDED THAT THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION
 SHALL  REVIEW  SUCH LEVEL AT LEAST EVERY FIVE YEARS TO DETERMINE WHETHER
 IT SHOULD BE LOWERED.
   § 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 ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE THE ATTOR-
 NEY  GENERAL HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE
 TITLE TO THE REAL PROPERTY.   THE ATTORNEY GENERAL MAY  ACCEPT  A  TITLE
 POLICY  FROM  ANY  REPUTABLE  TITLE COMPANY LICENSED BY THE STATE OF NEW
 YORK NAMING THE PEOPLE OF THE STATE OF NEW YORK AS  INSURED,  WITH  SUCH
 POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD OTHERWISE RENDER THE TITLE
 UNMARKETABLE.  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.  Subdivision  1  of    section 3.17 of the parks, recreation and
 historic preservation law, as amended by chapter  727  of  the  laws  of
 1978, is amended to read as follows:
   1.  Notwithstanding  any  other provision of law, the commissioner may
 acquire such property as may be necessary for the purposes and functions
 of the office, within the amounts appropriated or  available  therefore.
 Such  property may be acquired pursuant to the provisions of the eminent
 domain procedure law, or by purchase, lease, exchange, grant,  condemna-
 tion, gift, devise, bequest, or by any other lawful means. No real prop-
 erty  shall  be  so acquired unless the title thereto is approved by the
 attorney general.  THE ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE  THE
 ATTORNEY  GENERAL HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARK-
 ETABLE TITLE TO THE REAL PROPERTY. THE ATTORNEY  GENERAL  MAY  ACCEPT  A
 TITLE  POLICY  FROM ANY REPUTABLE TITLE COMPANY LICENSED BY THE STATE OF
 S. 3008--B                         92
 
 NEW YORK NAMING THE PEOPLE OF THE STATE OF NEW  YORK  AS  INSURED,  WITH
 SUCH  POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD OTHERWISE RENDER THE
 TITLE UNMARKETABLE. Notwithstanding the provisions of section eleven  of
 the  state finance law, the commissioner may accept a conditional grant,
 gift, devise or bequest with the approval of the director of the budget.
 Title to real property which is acquired shall be taken in the  name  of
 and be vested in the people of the state of New York.
   § 3. Section 63 of the executive law is amended by adding a new subdi-
 vision 18 to read as follows:
   18.  BE  AUTHORIZED TO APPROVE LAND ACQUISITIONS MADE BY THE STATE FOR
 CONSERVATION PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
 ONE OF SECTION 3-0305 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVI-
 SION ONE OF SECTION 3.17 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
 TION LAW.
   § 4. 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 TWO-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-
 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-SEVEN, fix by regulation measures for  the  manage-
 ment  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 eligi-
 bility therefor, recordkeeping requirements, requirements on the  amount
 and type of fishing effort and gear, and requirements relating to trans-
 portation,  possession  and  sale, provided that such regulations are no
 less restrictive  than  requirements  set  forth  in  this  chapter  and
 S. 3008--B                         93

 provided  further  that such regulations are consistent with the compli-
 ance requirements of applicable fishery management plans adopted by  the
 Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
 provisions  of  fishery management plans adopted pursuant to the Federal
 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
   § 2. Subdivisions 1, 7 and 8 of section 13-0331 of  the  environmental
 conservation law, subdivision 1 as amended by chapter 447 of the laws of
 2017,  subdivision 7 as amended by section one of this act, and subdivi-
 sion 8 as amended by chapter 21 of the laws of 2018, are amended to read
 as follows:
   1. No person shall take crabs[,  including  horseshoe  crabs  (Limulus
 sp.)]  for commercial purposes without first obtaining a permit from the
 department. For purposes of this subdivision, a presumption of  "commer-
 cial  purposes" shall be made wherein one takes or lands more than fifty
 crabs in any one day or sells or barters or offers for  sale  or  barter
 any  crabs [he or she] SUCH PERSON has taken. Permits shall be issued to
 individuals only but may be endorsed for use on a vessel, in which  case
 it shall cover all persons on board such vessel.
   7. The department may, until December thirty-first, two thousand twen-
 ty-seven,  fix by regulation measures for the management of crabs of any
 kind [including], EXCLUDING 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.).
   8.  [The  department  shall, when adopting regulation measures for the
 management of] NO  PERSON  SHALL  TAKE  horseshoe  crabs  (Limulus  sp.)
 [pursuant  to  subdivision seven of this section, consult with any town,
 village or county that requests any municipal property be subject  to  a
 harvest  closure], INCLUDING FOR COMMERCIAL OR BIOMEDICAL PURPOSES, FROM
 THE WATERS OF THIS STATE.  PROVIDED HOWEVER THAT THIS SECTION SHALL  NOT
 APPLY  TO  THE  TAKING  OF  HORSESHOE  CRABS (LIMULUS SP.) FOR BONA FIDE
 SCIENTIFIC OR EDUCATIONAL PURPOSES INCLUDING, BUT NOT LIMITED TO, PUBLIC
 OR NOT-FOR-PROFIT ZOOS AND AQUARIA, AS DETERMINED  BY  THE  COMMISSIONER
 PURSUANT TO RULES AND REGULATIONS.
   §  3.  This act shall take effect immediately; provided, however, that
 the provisions of section two of this act shall take effect  January  1,
 2026.
 
                                  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,
 S. 3008--B                         94
 
 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
 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 $4,000,000 to the state general fund
 for  climate  change  related services and expenses of the department of
 environmental conservation from the funds received; (2)  utilize  up  to
 $6,000,000  to  supplement  EmPower  Plus  Program  administered  by the
 authority, provided however,  the  authority  may  instead  utilize  any
 portion  of  such  funds  for  developing  a master plan for responsible
 advanced nuclear development that shall at minimum include  analysis  of
 economic,  environmental,  public health impacts of nuclear development;
 and (3) 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 itemized record shall include an itemized breakdown of the programs
 being funded by this section and the amount committed to  each  program.
 The  authority  shall not commit for any expenditure, any moneys derived
 from the assessment provided for in this section,  until  the  chair  of
 such  authority  shall  have  submitted,  and the director of the budget
 shall have approved, a comprehensive  financial  plan  encompassing  all
 moneys  available to and all anticipated commitments and expenditures by
 such authority from any source for the  operations  of  such  authority.
 Copies of the approved comprehensive financial plan shall be immediately
 submitted  by the chair to the chairs and secretaries of the legislative
 fiscal committees. Any such amount not committed by  such  authority  to
 contracts  or  contracts  to  be  awarded  or  otherwise expended by the
 authority during the fiscal year shall be refunded by such authority  on
 a  pro-rata  basis to such gas and/or electric corporations, in a manner
 to be determined by the department of public  service,  and  any  refund
 amounts  must  be  explicitly lined out in the itemized record described
 above.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2025.
 
                                  PART WW
 S. 3008--B                         95
 
   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:
   §  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
 S. 3008--B                         96
 
 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
 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
 S. 3008--B                         97
 
   (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
 
   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.
 S. 3008--B                         98
 
   § 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.
   §  6-a.  Subdivision  12  of  section  66 of the public service law is
 amended by adding a new paragraph (m) to read as follows:
   (M) THE COMMISSION SHALL NOT APPROVE ANY RATE INCREASE WHICH ALLOWS  A
 UTILITY  TO  RECOVER THE FOLLOWING OPERATING EXPENSES: (I) ITS DIRECT OR
 INDIRECT COSTS IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS ASSOCIATED WITH
 ITS ATTENDANCE IN, PARTICIPATION IN, PREPARATION FOR, OR APPEAL  OF  ANY
 RATE  PROCEEDING  CONDUCTED  BEFORE  THE  COMMISSION.  SUCH  COSTS SHALL
 INCLUDE, BUT NEED NOT BE LIMITED TO, ATTORNEYS'  FEES,  FEES  TO  ENGAGE
 EXPERT  WITNESSES OR CONSULTANTS, THE PORTION OF EMPLOYEE SALARIES ASSO-
 CIATED WITH SUCH ATTENDANCE, PARTICIPATION, PREPARATION OR APPEAL  OF  A
 RATE  PROCEEDING AND RELATED COSTS IDENTIFIED BY THE COMMISSION; OR (II)
 EMPLOYEE OR EXECUTIVE SALARIES IN EXCESS OF THE CURRENT  SALARY  OF  THE
 GOVERNOR OF NEW YORK AS PROVIDED FOR BY A JOINT RESOLUTION OF THE LEGIS-
 LATURE AT THE TIME OF THE UTILITY'S INITIAL FILING WITH THE COMMISSION.
   §  7.  This act shall take effect immediately; provided, however, that
 sections one, two, three, four, five, and  six  of  this  act  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, 2026; provided further,
 however, that section six-a of this act shall take  effect  on  the  one
 hundred eightieth day after it shall have become a law.
 
                                  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
 S. 3008--B                         99
 
 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  COMMISSION
 DETERMINATION  shall  be  PROVIDED FOR OR paid [into] AS A SUPPLEMENT TO
 ANY EXISTING MONIES DEDICATED TO the [state treasury to  the  credit  of
 the  general fund] EXISTING ENERGY AFFORDABILITY PROGRAM ADMINISTERED BY
 THE PUBLIC SERVICE COMMISSION TO THE ENERGY BURDEN LEVEL AT OR BELOW SIX
 PERCENT OF HOUSEHOLD INCOME FOR  RESIDENTIAL  LOW-INCOME  RATEPAYERS  OF
 ELECTRIC,  GAS,  AND COMBINATION GAS AND ELECTRIC CORPORATIONS REGULATED
 BY THE PUBLIC SERVICE COMMISSION, WHO QUALIFY FOR THE ENERGY AFFORDABIL-
 ITY PROGRAM ADMINISTERED  BY  THE  PUBLIC  SERVICE  COMMISSION  FOR  THE
 PURPOSES  OF  SUPPLYING  RATEPAYERS  WHO  CAN  PROVIDE  DOCUMENTATION OF
 ELIGIBILITY TO ELECTRIC, GAS, AND COMBINATION GAS  AND  ELECTRIC  CORPO-
 RATIONS FOR THE HOME ENERGY ASSISTANCE PROGRAM UNDER SECTION NINETY-SEV-
 EN  OF THE SOCIAL SERVICES LAW, MEDICAID, TEMPORARY ASSISTANCE FOR NEEDY
 FAMILIES, SUPPLEMENTAL SECURITY INCOME, SUPPLEMENTAL  NUTRITION  ASSIST-
 ANCE  PROGRAM,  LIFELINE,  SOCIAL  SECURITY DISABILITY INSURANCE AND ANY
 OTHER INCOME-BASED ASSISTANCE PROGRAM IDENTIFIED BY THE  PUBLIC  SERVICE
 COMMISSION  THAT  ALLOWS  LOW-INCOME  RATEPAYERS  TO QUALIFY FOR ON BILL
 CREDITS FROM THE ENERGY AFFORDABILITY PROGRAM.
   § 3. Intentionally omitted.
   § 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
 S. 3008--B                         100
 
 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
 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.
 
                                 PART AAA
 S. 3008--B                         101
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 404-ii to read as follows:
   §  404-II. DISTINCTIVE PLATES FOR GOLD STAR FAMILIES. 1. ANY GOLD STAR
 FAMILY RECIPIENT OR THE SPOUSE OF A GOLD STAR FAMILY RECIPIENT  RESIDING
 IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE BEARING THE
 WORDS  "GOLD  STAR  FAMILY".  IF A DISTINCTIVE PLATE IS ISSUED TO A GOLD
 STAR FAMILY RECIPIENT PURSUANT TO THIS SECTION,  ADDITIONAL  DISTINCTIVE
 PLATES  MAY  BE  ISSUED  FOR EVERY VEHICLE REGISTERED IN THE NAME OF THE
 GOLD STAR FAMILY RECIPIENT RESIDING IN THIS STATE OR THE SPOUSE OF  SUCH
 GOLD STAR FAMILY RECIPIENT.  FOR PURPOSES OF THIS SECTION, A MEMBER OF A
 GOLD  STAR FAMILY SHALL INCLUDE BUT NOT BE LIMITED TO A RESIDENT OF THIS
 STATE WHO IS A GOLD STAR PARENT AS DEFINED IN SECTION TWENTY-SIX OF  THE
 VETERANS'  SERVICES  LAW, THE SPOUSE OR DOMESTIC PARTNER, OR THE BIOLOG-
 ICAL, STEP, OR LEGALLY ADOPTED MINOR CHILD OF A    VETERAN  WHOSE  DEATH
 QUALIFIED  THE PARENT FOR AN ANNUITY. APPLICATION FOR SAID LICENSE PLATE
 SHALL BE FILED WITH THE COMMISSIONER IN SUCH  FORM  AND  DETAIL  AS  THE
 COMMISSIONER SHALL PRESCRIBE.
   2. THE DISTINCTIVE PLATE AUTHORIZED HEREIN SHALL BE ISSUED UPON PROOF,
 SATISFACTORY  TO  THE  COMMISSIONER, THAT THE APPLICANT OR THE SPOUSE OF
 THE APPLICANT IS A GOLD STAR FAMILY RECIPIENT.
   3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN THE SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT  OF  THE  REGULAR
 REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE,
 PROVIDED,  HOWEVER,  THAT  NO  SERVICE  CHARGE SHALL BE CHARGED FOR SUCH
 PLATE, AS WELL AS NO BOND REQUIREMENT TO OFFSET  COSTS  ASSOCIATED  WITH
 THE PRODUCTION OF SUCH LICENSE PLATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 PART BBB
 
   Section  1.  Legislative  intent.  Pursuant  to 2 U.S.C. § 2131, every
 state is invited to provide and furnish to the United States Capitol two
 statues, in marble or bronze, of deceased persons who were distinguished
 and prominent citizens of the state for placement in the National Statu-
 ary Hall Collection. New York is currently represented in  the  National
 Statuary  Hall  Collection  at  the  United  States Capitol by Robert R.
 Livingston and George Clinton, statues which were placed  there  in  the
 1870s.
   Pursuant to 2 U.S.C. § 2132, a state has the option to replace statues
 in  the National Statuary Hall, that have been displayed for at least 10
 years, by making a request to the Joint  Committee  on  the  Library  of
 Congress.
   The Legislature recognizes that Harriet Tubman was a distinguished and
 prominent  New Yorker who meets the high standards required to represent
 the great state of New York in the United States Capitol. One of  Ameri-
 ca's  most  famous  abolitionists,  Harriet  Tubman was born enslaved in
 Maryland in 1822 before escaping to freedom. She became a leading figure
 of the Underground Railroad and she risked her life to help free  dozens
 of  enslaved  people.  During  the Civil War she became one of the first
 African American woman to serve in the military. In 1859, Harriet Tubman
 purchased property in Auburn, NY, where she would live until  her  death
 in 1913.
   § 2. Commission. (a) A commission is hereby established to replace the
 statue  of  Robert  R. Livingston with a statue of Harriet Tubman in the
 National Statuary Hall of the  United  States  Capitol.  The  commission
 S. 3008--B                         102
 
 shall  consist of the following appointees: the Governor, or a designee,
 the Temporary President of the Senate, or a designee, the Speaker of the
 Assembly, or a designee, the Executive director of the  council  on  the
 arts,  or  a  designee,  and  the  Commissioner of the office of general
 services, or a designee.
   (b) The commission shall be responsible for selecting  the  design  of
 the  statue  of Harriet Tubman. The statue shall be designed and created
 in accordance with the published guidelines set forth by  the  Architect
 of the United States Capitol.
   (c) The Governor, along with the commission, shall submit an official,
 written request, along with a copy of this act to the Joint Committee on
 the  Library  of  Congress, the Architect of the Capitol, the Speaker of
 the United States House of Representatives, and the Presiding Officer of
 the United States Senate. The request shall include a description of the
 location in the state where the replaced statue of Robert R.  Livingston
 will be displayed after it is transferred.
   (d)  Upon approval for replacement of the statue of Robert R.  Living-
 ston by the Architect of the Capitol with a statue  of  Harriet  Tubman,
 the  Governor  shall formalize an agreement between the Architect of the
 Capitol and the State of New York to complete the process.
   § 3. This act shall take effect September 1, 2025.
 
                                 PART CCC
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds  that  children  are an inherently vulnerable population, and that
 marketing food and beverages high in saturated fatty acids,  trans-fatty
 acids, and free sugars in a targeted and persistent manner to this group
 is  inconsistent with this state's efforts to curb the disastrous health
 outcomes that follow the overconsumption of these products which include
 but are not limited to increased rates of malnutrition,  undernutrition,
 micronutrient  deficiencies,  obesity, and other diet-related illnesses.
 Such marketing is inherently misleading, aggressive,  and  pervasive  as
 children  often  lack  the  same  ability  to  resist the rewarding cues
 presented in unhealthy food marketing as adults.  New York has a  strong
 and substantial interest in protecting our children from negative health
 consequences  and remain aligned with the goals of the Convention on the
 Rights of the Child which ensures access to nutritious foods and freedom
 from exploitation of all kinds.  Additionally, the power of the state is
 at its greatest when protecting the health and welfare of its  citizens,
 especially  those  most  vulnerable.  Thus,  the  legislature finds that
 unfair and deceptive marketing targeted  at  children  can  mislead  and
 manipulate  children  into  lifelong  habits,  and  that such unfair and
 deceptive advertising should be regulated accordingly.
   § 2.  Section 350-a of the general business law is amended  by  adding
 two new subdivisions 4 and 5 to read as follows:
   4.  IN  DETERMINING  WHETHER ANY ADVERTISING CONCERNING A FOOD OR FOOD
 PRODUCT IS FALSE ADVERTISING, FACTORS SHALL INCLUDE, BUT NOT BE  LIMITED
 TO:
   (A)  WHETHER  THE  ADVERTISEMENT  TARGETS A CONSUMER WHO IS REASONABLY
 UNABLE TO PROTECT THEIR INTERESTS  BECAUSE  OF  THEIR  AGE,  ILLITERACY,
 INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT OR SIMILAR FACTOR.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION FIVE OF THIS
 SECTION, A "CONSUMER" IS DEFINED AS A  PERSON  WHO  IS  TARGETED  BY  AN
 ADVERTISEMENT, OR THOSE ACTING ON SUCH A PERSON'S BEHALF.
 S. 3008--B                         103
 
   5.  FOR PURPOSES OF PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION,
 SPECIAL CONSIDERATION SHALL BE GIVEN TO  ADVERTISEMENTS  DIRECTED  AT  A
 CHILD  AS  DEFINED  IN  SECTION  THREE HUNDRED SEVENTY-ONE OF THE SOCIAL
 SERVICES LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A  FOOD
 OR  FOOD  PRODUCT IS DIRECTED AT A CHILD, FACTORS SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (A) SUBJECT MATTER;
   (B) VISUAL CONTENT;
   (C) USE OF BRIGHT COLORS AND  ANIMATED  CHARACTERS  OR  CHILD-ORIENTED
 ACTIVITIES AND INCENTIVES;
   (D) MUSIC OR OTHER AUDIO CONTENT;
   (E) AGE OF MODELS;
   (F)  PRESENCE  OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL TO CHIL-
 DREN;
   (G) LANGUAGE INCLUDING CLAIMS, BUZZWORDS, SAYINGS, AND/OR PHRASES THAT
 ARE TRENDING SUCH AS COMMON COLLOQUIAL WORDS SPECIFIC TO THE AGE GROUP;
   (H) COMPETENT  AND  RELIABLE  EMPIRICAL  EVIDENCE  REGARDING  AUDIENCE
 COMPOSITION AND EVIDENCE REGARDING THE INTENDED AUDIENCE COMPOSITION AND
 EVIDENCE REGARDING THE INTENDED AUDIENCE;
   (I) PHYSICAL LOCATION OF ADVERTISEMENT, INCLUDING, BUT NOT LIMITED TO,
 PROXIMITY TO SCHOOLS OR OTHER INSTITUTIONS FREQUENTED BY CHILDREN;
   (J)  MEDIUM BY WHICH THE ADVERTISEMENT IS COMMUNICATED, INCLUDING, BUT
 NOT LIMITED TO, SOCIAL MEDIA, OR TELEVISION/COMMERCIAL ADVERTISING; AND
   (K) OTHER SIMILAR FACTORS INCLUDING PRICE, PRODUCTS THAT OFFER CONVEN-
 IENCE IN FINANCIAL SAVINGS, AND SAVING  TIME  SUCH  AS  EASY-TO-MAKE  OR
 PURCHASE MEALS.
   §  3.  Section  202-a of the agriculture and markets law is amended by
 adding a new subdivision 4 to read as follows:
   4. IN DETERMINING WHETHER A VIOLATION OF THIS  SECTION  HAS  OCCURRED,
 THE  COURT  SHALL  CONSIDER  FACTORS  AND SPECIAL CONSIDERATION GIVEN TO
 ADVERTISING DIRECTED AT  A  CHILD  PURSUANT  TO  SECTION  THREE  HUNDRED
 FIFTY-A OF THE GENERAL BUSINESS LAW.
   §  4.  Subdivision  1  of  section 2599-b of the public health law, as
 amended by section 1 of part A of chapter 469 of the laws  of  2015,  is
 amended to read as follows:
   1.  The  program shall be designed to prevent and reduce the incidence
 and prevalence of obesity in children and adolescents, especially  among
 populations  with  high  rates  of  obesity  and  obesity-related health
 complications including, but not limited to,  diabetes,  heart  disease,
 cancer,  osteoarthritis,  asthma,  emphysema,  chronic bronchitis, other
 chronic respiratory diseases and other conditions. The program shall use
 recommendations and goals of the United States departments  of  agricul-
 ture  and health and human services, the surgeon general and centers for
 disease control and prevention in developing and implementing guidelines
 for nutrition education and physical activity projects as part of obesi-
 ty prevention efforts. The content and  implementation  of  the  program
 shall  stress  the  benefits of choosing a balanced, healthful diet from
 the many options available to consumers[, without specifically targeting
 the elimination of any particular food group, food product  or  food-re-
 lated industry] WHILE SPECIFICALLY INCLUDING EDUCATION ON ACCESS AND THE
 NUTRITIONAL  VALUE  OF  LOCALLY GROWN FOODS AND FOOD PRODUCTS INCLUDING,
 BUT NOT LIMITED TO DAIRY,  FRUIT  AND  VEGETABLE  FOOD  PRODUCTS.    THE
 PROGRAM  SHALL  COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS
 TO ADD ACCESS TO LOCALLY GROWN FOODS AND FOOD  PRODUCTS  INCLUDING,  BUT
 NOT  LIMITED  TO  DAIRY,  FRUIT  AND  VEGETABLE FOOD PRODUCTS WITHIN THE
 GUIDELINES AND FRAMEWORK OF THE PROGRAM.
 S. 3008--B                         104
 
   § 5. Severability.  If any part or provision of this act or its appli-
 cation to a person  is  held  invalid,  the  invalidity  of  that  part,
 provision  or  application  does  not  affect other parts, provisions or
 applications of this act that can be given effect  without  the  invalid
 provision or application.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                 PART DDD

   Section 1. The agriculture and markets law is amended by adding a  new
 section 501 to read as follows:
   §  501.  SANITARY  RETAIL  FOOD  STORE  GRANT  PROGRAM. 1. LEGISLATIVE
 INTENT.  THE LEGISLATURE HEREBY FINDS,  DETERMINES,  AND  DECLARES  THAT
 RETAIL  FOOD  STORES LOCATED IN NEW YORK SHOULD MAINTAIN PROPER SANITARY
 CONDITIONS TO ENSURE THE HEALTH AND SAFETY OF  ALL  PATRONS.  PRESERVING
 STORES  THAT  ARE  UNABLE  TO  MEET  PROPER SANITARY CONDITIONS, AND ARE
 LOCATED IN AREAS WHERE LOW-INCOME PEOPLE HAVE LIMITED ACCESS TO AFFORDA-
 BLE AND NUTRITIOUS FOOD, IS IN THE BEST INTEREST  OF  THOSE  COMMUNITIES
 AND  THE  STATE. THE LEGISLATURE HEREBY DECLARES THAT IN ORDER TO ENSURE
 THE HEALTH AND SAFETY OF ITS CITIZENS, AND PRESERVE RETAIL  FOOD  STORES
 LOCATED  IN  FOOD DESERTS, THE DEPARTMENT SHALL, IN COOPERATION WITH THE
 EMPIRE STATE DEVELOPMENT CORPORATION,  CREATE  A  SANITARY  RETAIL  FOOD
 STORE GRANT PROGRAM.
   2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "POTENTIALLY HAZARDOUS FOODS" MEANS ANY FOODS THAT CAN SUPPORT THE
 RAPID GROWTH OF DISEASE-CAUSING BACTERIA, INCLUDING BUT NOT  LIMITED  TO
 THE  FOLLOWING: MEAT, POULTRY, SEAFOOD, EGGS, PRE-SLICED OR COOKED VEGE-
 TABLES, DAIRY, SLICED FRUIT AND COOKED RICE;
   (B) "CRITICAL DEFICIENCIES" MEANS FACTORS THAT ARE LEADING  CAUSES  OF
 FOODBORNE ILLNESSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
   (I) INSECT, RODENT, BIRD, OR VERMIN ACTIVITY LIKELY TO RESULT IN PROD-
 UCT CONTAMINATION;
   (II)  CONTACT  SURFACES ARE UNCLEAN OR NOT PROPERLY SANITIZED, SUCH AS
 FOOD CONTACT EQUIPMENT, UTENSILS, OR CONVEYANCES FOR HANDLING POTENTIAL-
 LY HAZARDOUS FOODS;
   (III) INADEQUATE EMPLOYEE HANDWASHING FACILITIES;
   (IV) LACK OF PROPER EQUIPMENT FOR  CLEANING  AND  SANITIZING  SURFACES
 WHERE ANY POTENTIALLY HAZARDOUS FOODS ARE PREPARED, STORED AND SOLD; AND
   (V)  POTENTIALLY  HAZARDOUS  FOODS THAT ARE NOT STORED AT SAFE TEMPER-
 ATURES.
   (C) "FOOD DESERT" SHALL HAVE THE SAME MEANING AS SECTION  TWO  HUNDRED
 SIXTY OF THIS CHAPTER.
   3. SANITARY RETAIL FOOD STORE GRANT PROGRAM. SUBJECT TO APPROPRIATION,
 THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF THE EMPIRE
 STATE DEVELOPMENT CORPORATION, SHALL ESTABLISH A  SANITARY  RETAIL  FOOD
 STORE GRANT PROGRAM TO ENSURE THAT RETAIL FOOD STORES THAT ARE UNABLE TO
 SUSTAIN  THE  COSTS  TO  IMMEDIATELY  CORRECT CRITICAL DEFICIENCIES, ARE
 LOCATED IN FOOD DESERTS, AND WOULD OTHERWISE BE UNABLE TO STAY IN OPERA-
 TION DUE TO THEIR INABILITY TO MEET AND MAINTAIN SANITARY STANDARDS, MAY
 BE AWARDED FUNDS TO CORRECT SUCH CRITICAL DEFICIENCIES TO ENSURE  COMMU-
 NITIES  WITH  LIMITED  FOOD SOURCES ARE HELD HARMLESS AND HAVE ACCESS TO
 RETAIL FOOD STORES WITH PROPER SANITARY CONDITIONS.
 S. 3008--B                         105

   4. ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE SANITARY RETAIL  FOOD  STORE
 GRANT  PROGRAM  FUNDING,  RETAIL  FOOD  STORES  SHALL MEET THE FOLLOWING
 CRITERIA:
   (A)  FOUND TO HAVE CRITICAL DEFICIENCIES THAT WERE NOT OR COULD NOT BE
 CORRECTED AT THE TIME  OF  INSPECTION  CREATING  A  NEED  FOR  IMMEDIATE
 CORRECTIVE ACTION OR FAILS FOR TWO CONSECUTIVE INSPECTIONS;
   (B)  LOCATED  IN  A  FOOD DESERT WHEREBY CLOSING THE RETAIL FOOD STORE
 WOULD HAVE A SUBSTANTIAL IMPACT ON  FOOD  ACCESS  TO  THE  COMMUNITY  IT
 SERVES;
   (C)  THE  RETAIL FOOD STORE IS ABLE TO ESTABLISH THAT IT DOES NOT HAVE
 ADEQUATE FUNDING OR RESOURCES TO CORRECT THE CRITICAL DEFICIENCIES,  NOR
 WOULD  IT  BE  ABLE TO ATTAIN SUCH FUNDING WITHIN A REASONABLE AMOUNT OF
 TIME TO PREVENT A NEGATIVE IMPACT TO THE COMMUNITY;
   (D) THE RETAIL FOOD STORE IS ABLE TO ESTABLISH THAT IT  IS  UNABLE  TO
 ATTAIN CREDIT OR LOAN FOR ALL OR PART OF THE COSTS NEEDED TO CORRECT THE
 CRITICAL DEFICIENCIES; AND
   (E)  THE  RETAIL FOOD STORE SUPPLIES THE COMMUNITY WITH AFFORDABLE AND
 NUTRITIOUS FOOD, SUCH AS FRESH PRODUCE, CANNED GOODS,  AND  REFRIGERATED
 FOODS.
   5.  GRANTS.  THE  COMMISSIONER SHALL MAKE GRANTS TO RETAIL FOOD STORES
 LOCATED IN FOOD DESERTS AND MEET ALL ELIGIBILITY CRITERIA THAT SUBMIT  A
 PLAN TO CORRECT THE CRITICAL DEFICIENCIES AND MAINTAIN PROPER SANITATION
 FOR  AT  LEAST  FIVE  YEARS.  THE  GRANT SHALL BE BASED ON THE SCOPE AND
 NATURE OF THE RESOURCES ASSOCIATED WITH CORRECTING  THE  CRITICAL  DEFI-
 CIENCIES  AND  THE  LONG-TERM  MAINTENANCE OF THE CORRECTION OF CRITICAL
 DEFICIENCIES.  GRANTS SHALL BE APPROVED AND RELEASED EVERY SIX MONTHS IN
 ORDER TO PROVIDE RETAIL FOOD STORES WITH CERTAINTY ON WHEN THEY WILL  BE
 ABLE  TO  ATTAIN FUNDING AND RESOURCES TO CORRECT THE CRITICAL DEFICIEN-
 CIES AND FAILED INSPECTIONS.
   § 2. Subdivision 4 of section 500 of the agriculture and markets  law,
 as amended by section 8 of part I1 of chapter 62 of the laws of 2003, is
 amended to read as follows:
   4.  (A)  The  department shall inspect each retail food store at least
 once in every twelve month period. Any store that fails two  consecutive
 inspections  shall  be inspected at least once in every six month period
 until [it has passed] NO CRITICAL DEFICIENCIES WERE  FOUND  OR  CRITICAL
 DEFICIENCIES  WERE  FOUND BUT REMEDIED AT THE TIME OF THE INSPECTION FOR
 two consecutive inspections. In the event that a retail food  store  WAS
 FOUND  TO  HAVE  CRITICAL  DEFICIENCIES  THAT  WERE  NOT OR COULD NOT BE
 CORRECTED CREATING A NEED FOR IMMEDIATE CORRECTIVE ACTION OR  fails  FOR
 three  consecutive inspections, the department [may, in its discretion,]
 SHALL order such establishment to cease all retail  operation  until  it
 passes inspection or suspend or revoke any license issued to such estab-
 lishment  pursuant  to  article  twenty-C  of this chapter. HOWEVER, THE
 DEPARTMENT MAY, IN ITS DISCRETION ALLOW SUCH ESTABLISHMENTS TO  MAINTAIN
 OPERATION  EVEN  IF THEY WOULD OTHERWISE NEED TO CEASE OPERATION IF THEY
 ARE ABLE TO ESTABLISH THAT THEY QUALIFIED FOR THE SANITARY  RETAIL  FOOD
 STORE GRANT PROGRAM, DESCRIBED IN SECTION FIVE HUNDRED ONE OF THIS ARTI-
 CLE,  AND  WOULD OTHERWISE BE ABLE TO REMEDY THEIR CRITICAL DEFICIENCIES
 BUT WERE NOT AWARDED A GRANT IN THAT CALENDAR YEAR DUE TO EXHAUSTION  OF
 FUNDS FOR THE GRANT PROGRAM.
   (B)  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "CRITICAL DEFICIENCIES"
 MEANS THE SAME AS SUCH TERM IS DEFINED IN SECTION FIVE  HUNDRED  ONE  OF
 THIS ARTICLE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 S. 3008--B                         106

                                 PART EEE
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "NY Home Energy Affordable Transition Act" or the "NY HEAT Act".
   § 2. Legislative findings. The legislature finds and declares that:
   1. The Climate Leadership and Community Protection  Act  (CLCPA)  sets
 forth  ambitious  mandates  to  achieve significant greenhouse gas (GHG)
 emission  reductions  across  New  York's  economy,  while  prioritizing
 reductions  in  co-pollutant  emissions in disadvantaged communities and
 requiring significant state investments to bring the  affordability  and
 health  benefits of energy efficiency and clean energy to these communi-
 ties.
   2. Buildings are the largest source of  GHG  emissions  in  New  York,
 contributing  approximately  one-third  of  the state's total emissions.
 They also produce significant local air pollution,  leading  to  adverse
 health  outcomes  such as asthma and heart disease, especially in disad-
 vantaged communities. Reducing emissions and pollution from buildings is
 essential to meeting the CLCPA's climate and equity goals and  improving
 public health.
   3.  Achieving  New  York's  climate and equity objectives necessitates
 updating the regulation of gas utilities. Current policies create  misa-
 lignment  between  gas  system investments and the CLCPA's 2030 and 2050
 mandates, increasing the risk of a  costly  and  disorderly  transition.
 Strategic  planning  and investment are needed to decarbonize buildings,
 right-size the gas system, and ensure coordinated  enhancements  to  the
 electric system, enabling equitable and affordable access to clean ener-
 gy  solutions for all New Yorkers. Such investments will lead to signif-
 icant benefits: the Climate  Action  Council  found  that  the  cost  of
 inaction  on  climate  exceeds  the  cost  of  action  by more than $115
 billion.
   4. Outdated public service laws are misaligned with the state's energy
 affordability goals and CLCPA mandates in the following ways:
   a. The "utility obligation to serve gas" compels utilities  to  expand
 gas infrastructure, making it challenging to redirect investments toward
 insulating  and upgrading homes and installing clean energy alternatives
 like electrification and thermal energy networks that align with climate
 goals while mitigating costs for ratepayers.
   b. Mandated system extension allowances require existing ratepayers to
 subsidize gas hookups for new customers, costing ratepayers hundreds  of
 millions of dollars annually.
   c. Utilities are projected to spend $150 billion to replace leak-prone
 gas  pipelines.  Through  the  changes  implemented in this act, many of
 these investments could be avoided by  redirecting  funds  to  neighbor-
 hood-scale  decarbonization  projects. Neighborhood-scale projects offer
 the most cost-effective pathway to transition gas customers to  alterna-
 tive  heating  and cooling solutions. These projects reduce costs, mini-
 mize stranded investments in the  gas  system,  and  enable  coordinated
 efforts among utilities, customers, and other stakeholders.
   5.  This  legislation,  the  NY  Home Energy Affordable Transition (NY
 HEAT) Act, seeks to:
   a. Reduce unjust and disproportionate energy cost burdens by  avoiding
 unnecessary,  non-strategic,  and  expensive  gas infrastructure invest-
 ments, and improving affordability protections.
   b. Ensure utility regulations do not work at cross-purposes  with  the
 CLCPA.
 S. 3008--B                         107
 
   c.  Provide  the  Public  Service  Commission with clear authority and
 direction to  align  utility  planning  with  CLCPA  goals,  proactively
 addressing  regulatory  barriers  and recommending necessary legislative
 changes.
   d.  Minimize  the need for new gas infrastructure investments by redi-
 recting ratepayer funds to alternatives including electrification, ther-
 mal energy networks, targeted energy efficiency,  demand  response,  and
 market transformation measures.
   e.  Facilitate  a  planned,  neighborhood-scale  transition  away from
 fossil fuels, avoiding stranded gas infrastructure costs and  supporting
 coordinated  investments  that reduce emissions, increase affordability,
 and create good paying jobs.
   f. Ensure equitable access to affordable, clean  energy  for  heating,
 cooling,  and  other  building  needs,  protecting  customers from undue
 burdens during the transition.
   6. This legislation does not impose a ban on the use of gas. It is the
 intent of the Legislature to support a  gradual  and  carefully  planned
 transition  for existing gas customers to cleaner alternatives, ensuring
 affordability, reliability, and equity throughout the process.
   § 3. The public service law is amended by adding two new sections 66-y
 and 66-z to read as follows:
   § 66-Y. STATEWIDE AFFORDABLE GAS TRANSITION PLAN.   1. NO  LATER  THAN
 TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL
 PUBLISH  A STATEWIDE AFFORDABLE GAS TRANSITION PLAN TO GUIDE AN ORDERLY,
 AFFORDABLE, AND EQUITABLE RIGHT-SIZING OF THE UTILITY GAS  SYSTEM  IN  A
 MANNER  THAT  ALIGNS  WITH,  AND  SUPPORTS  ACHIEVEMENT  OF, THE CLIMATE
 JUSTICE AND EMISSIONS REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX OF
 THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND  FUNC-
 TION  AS MAY ARISE FROM TIME TO TIME, INCORPORATING IN SUCH PLAN PRUDENT
 INVESTMENTS AND STRATEGIC OPPORTUNITIES TO  GENERATE  COST  EFFICIENCIES
 FOR ALL GAS AND ELECTRIC CUSTOMERS AND REDIRECT RESOURCES TOWARD ASSIST-
 ING  CUSTOMERS  TO  UPGRADE THEIR HOMES AND ENERGY APPLIANCES. SUCH PLAN
 SHALL INCLUDE, AT A MINIMUM:
   (A) TARGETS FOR THE TRANSITION OF GAS SYSTEM INFRASTRUCTURE AND RECOM-
 MENDATIONS FOR PLANNING AND INVESTMENT STRATEGIES FOR  THE  STATE'S  GAS
 CORPORATIONS TO ACHIEVE SUCH TARGETS.
   (B) GENERAL REQUIREMENTS FOR UTILITY HOME ENERGY AFFORDABLE TRANSITION
 PROGRAMS  PURSUANT  TO  SECTION  SIXTY-SIX-Z  OF THIS ARTICLE, REGARDING
 CRITERIA FOR APPROVAL OF SUCH PROGRAMS AND NEIGHBORHOOD  GAS  TRANSITION
 PROJECTS IMPLEMENTED AS PART OF SUCH PROGRAMS, INCLUDING REQUIREMENTS:
   (I)  TO  ENSURE  CUSTOMERS  AFFECTED  BY A NEIGHBORHOOD GAS TRANSITION
 PROJECT HAVE CONTINUED ACCESS TO SAFE AND RELIABLE ENERGY  SERVICES  FOR
 HEATING, COOLING, COOKING, AND WATER HEATING;
   (II)  FOR UTILITIES TO NOTIFY CUSTOMERS AFFECTED BY A NEIGHBORHOOD GAS
 TRANSITION PROJECT IN A TIMELY MANNER;
   (III) TO ENSURE THE ABILITY OF THE ELECTRICAL GRID TO  SAFELY  SUPPORT
 ANY  NEW  ELECTRIC  LOAD  CREATED BY A HOME ENERGY AFFORDABLE TRANSITION
 PROGRAM, INCLUDING FOR UTILITY PARTICIPATION IN ANY COORDINATION  ACTIV-
 ITIES REGARDING GRID PLANNING; AND
   (IV) TO PRIORITIZE VOLUNTARY DISCONNECTIONS FROM GAS SERVICE, TO MINI-
 MIZE THE COST OF TRANSITION FOR EXISTING GAS AND ELECTRIC CUSTOMERS, AND
 TO ENCOURAGE UTILIZATION OF EXISTING RESOURCES FOR WEATHERIZATION, ENER-
 GY EFFICIENCY, AND ELECTRIFICATION PROGRAMS AVAILABLE IN THE STATE.
   (C)  IN  COLLABORATION WITH THE STATE'S GAS AND ELECTRIC CORPORATIONS,
 IDENTIFICATION OF A PRELIMINARY  LIST  OF  NEIGHBORHOOD  GAS  TRANSITION
 S. 3008--B                         108
 
 PROJECTS  BEST  SUITED  FOR  HOME  ENERGY AFFORDABLE TRANSITION PROGRAMS
 PURSUANT TO SECTION SIXTY-SIX-Z OF THIS ARTICLE.
   (D) A REVIEW OF THE PUBLIC SERVICE LAW AND ITS CURRENT RULES AND POLI-
 CY  GUIDANCE  TO IDENTIFY ANY LAW, RULE, GUIDANCE, OR LACK THEREOF, THAT
 MAY INHIBIT TIMELY AND EQUITABLE ACHIEVEMENT OF THE CLIMATE JUSTICE  AND
 EMISSION  REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF
 TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND  FUNCTION  AS  MAY
 ARISE FROM TIME TO TIME.
   2.  IN  DEVELOPING  AN AFFORDABLE GAS TRANSITION PLAN PURSUANT TO THIS
 SECTION, THE DEPARTMENT SHALL HOLD NO FEWER THAN FOUR PUBLIC HEARINGS IN
 DIFFERENT REGIONS OF THE STATE.
   3. UPON COMPLETION, THE STATEWIDE AFFORDABLE GAS TRANSITION PLAN SHALL
 BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE AND SHALL BE DELIVERED  TO
 THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
 THE ASSEMBLY.
   § 66-Z. UTILITY HOME ENERGY AFFORDABLE  TRANSITION  PROGRAMS.  1.  THE
 COMMISSION SHALL, FOR EACH GAS CORPORATION IN THIS STATE, ISSUE AN ORDER
 TO  DEVELOP  HOME ENERGY AFFORDABLE TRANSITION PROGRAMS PURSUANT TO THIS
 SECTION, AND IN ACCORDANCE WITH THE STATEWIDE AFFORDABLE GAS  TRANSITION
 PLAN  IN  SECTION SIXTY-SIX-Y OF THIS ARTICLE, AND SHALL REQUIRE PARTIC-
 IPATION OF SUCH GAS CORPORATION AS NECESSARY  FOR  IMPLEMENTATION.  SUCH
 PROGRAMS  SHALL  REQUIRE  IMPLEMENTATION  OF NEIGHBORHOOD GAS TRANSITION
 PROJECTS FOR THE PURPOSE OF DECOMMISSIONING  DISCRETE  SEGMENTS  OF  THE
 UTILITY GAS SYSTEM IN ORDER TO PROVIDE FOR AN ORDERLY GAS SYSTEM TRANSI-
 TION  TO  ACHIEVE  CONSISTENCY  WITH  THE  CLIMATE  JUSTICE AND EMISSION
 REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
 SAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM
 TIME TO TIME.  DEVELOPMENT  AND  APPROVAL  OF  SUCH  PROGRAMS  SHALL  BE
 COMPLETED  NO  LATER  THAN  ONE  YEAR AFTER THE STATEWIDE AFFORDABLE GAS
 TRANSITION PLAN HAS BEEN PUBLISHED.
   2. PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTY, NO  EXISTING  RESIDEN-
 TIAL  GAS CUSTOMER, AS SUCH TERM IS REFERENCED IN SECTION THIRTY OF THIS
 CHAPTER, SHALL HAVE THEIR GAS SERVICE DISCONTINUED AS PART OF  A  NEIGH-
 BORHOOD  GAS  TRANSITION  PROJECT  IMPLEMENTED  PURSUANT TO THIS SECTION
 EXCEPT BY CONSENT OF SUCH CUSTOMER.
   3. PROGRAMS SHALL BE  DESIGNED  TO  MAXIMIZE  COST  EFFICIENCIES  FROM
 AVOIDED  INVESTMENTS IN THE EXPANSION AND MAINTENANCE OF THE GAS SYSTEM,
 AND REDIRECT RESOURCES TOWARD IMPLEMENTATION OF NEIGHBORHOOD GAS TRANSI-
 TION PROJECTS, INCLUDING ASSISTING CUSTOMERS TO UPGRADE THEIR HOMES  AND
 ENERGY  APPLIANCES,  INCLUDING THOSE USED FOR HEATING, COOLING, COOKING,
 AND WATER HEATING, IN ADDITION TO UTILIZING STATE AND FEDERAL  APPLIANCE
 AND EFFICIENCY INCENTIVE PROGRAMS AND OTHER AVAILABLE FUNDING STREAMS.
   4.  THE  COMMISSION  SHALL  ONLY APPROVE PROGRAMS THAT ENSURE THAT ALL
 AFFECTED RESIDENTIAL CUSTOMERS WILL:
   (A) HAVE CONTINUED ACCESS TO SAFE AND  RELIABLE  ENERGY  SERVICES  FOR
 HEATING, COOLING, COOKING, AND WATER HEATING;
   (B)  HAVE ACCESS TO FUNDING AND TECHNICAL SUPPORT FOR THE PURCHASE AND
 INSTALLATION OF CUSTOMER-OWNED EQUIPMENT AT LOW OR NO COST, AS  WELL  AS
 FOR  THE  PURPOSES  OF  IDENTIFYING,  PLANNING, AND SECURING SERVICES TO
 UNDERTAKE WEATHERIZATION AND ENERGY EFFICIENCY MEASURES,  AND  PRE-ELEC-
 TRIFICATION UPGRADES, USING ANY RESOURCES AVAILABLE FOR SUCH PURPOSES;
   (C)  BE GIVEN NOTICE AT LEAST TWO YEARS IN ADVANCE OF THE CESSATION OF
 GAS SERVICE, AND AT LEAST EVERY SIX MONTHS SUBSEQUENTLY, VIA  MAIL  AND,
 WHEN  APPLICABLE,  ELECTRONICALLY, AND, WHERE FEASIBLE, THROUGH AT LEAST
 ONE IN-PERSON CONTACT, AND BE PROVIDED  NOTIFICATION  OF  FINANCIAL  AND
 S. 3008--B                         109

 TECHNICAL  ASSISTANCE  AVAILABLE  TO  SUCH CUSTOMERS FROM THE UTILITY OR
 OTHER STATE OR FEDERAL PROGRAMS TO SUPPORT ELECTRIFICATION;
   (D)  HAVE  AN  OPPORTUNITY TO COMMENT ON THE PROPOSED NEIGHBORHOOD GAS
 TRANSITION PROJECT BEFORE IT IS FINALIZED; AND
   (E) BE PROVIDED NOTICE WHEN AN ADJACENT CUSTOMER  CONNECTED  TO  THEIR
 LOCAL  GAS  GRID  HAS VOLUNTARILY OPTED TO DISCONTINUE SERVICE, VIA MAIL
 AND, WHEN APPLICABLE, ELECTRONICALLY.
   5. THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION TO REEVALUATE ITS
 EXISTING PLANS, POLICIES, AND PROGRAMS RELATED TO PROACTIVE  REPLACEMENT
 OF  GAS  SYSTEM INFRASTRUCTURE BASED ON ANALYSES OF DISCRETE SEGMENTS OF
 THE GAS SYSTEM THAT ARE MOST SUITABLE TO BE PRIORITIZED FOR NEIGHBORHOOD
 GAS TRANSITION PROJECTS.
   6. THE COMMISSION SHALL ENSURE THAT ANY PROGRAM APPROVED  PURSUANT  TO
 THIS SECTION WILL NOT COMPROMISE THE SAFETY AND RELIABILITY OF THE ELEC-
 TRIC  DISTRIBUTION  GRID OR GAS DISTRIBUTION SYSTEM, OR RESULT IN UNREA-
 SONABLE DISRUPTION OF SERVICE TO BUILDINGS THAT ARE USED FOR  AN  INDUS-
 TRIAL   OR   COMMERCIAL   USE  THAT  IS  DIFFICULT  TO  ELECTRIFY  USING
 COMMERCIALLY AVAILABLE TECHNOLOGY OR THAT HOUSE AN ENERGY INTENSIVE  AND
 TRADE  EXPOSED INDUSTRY, OR TO CRITICAL INFRASTRUCTURE AS SUCH TERMS ARE
 DEFINED BY THE COMMISSION.
   7. PROGRAMS APPROVED PURSUANT TO THIS SECTION SHALL NOT COMPROMISE THE
 ABILITY OF A GAS CORPORATION TO SEEK TO RECOVER PRUDENT,  COMMISSION-AP-
 PROVED INVESTMENTS IN INFRASTRUCTURE THAT WAS USED AND USEFUL.
   8.  PRIOR TO APPROVAL, THE COMMISSION SHALL CONSIDER WHETHER A PROGRAM
 IS ADEQUATELY DESIGNED  TO  MITIGATE  POTENTIAL  FINANCIAL  HARDSHIP  TO
 AFFECTED  RESIDENTIAL  CUSTOMERS  IN  CONNECTION WITH THE REPLACEMENT OF
 GAS-FIRED APPLIANCES AS PART OF  NEIGHBORHOOD  GAS  TRANSITION  PROJECTS
 IMPLEMENTED PURSUANT TO THE PROGRAM.
   §  4. Subdivision 1 of section 4 of the public service law, as amended
 by chapter 594 of the laws of 2021, is amended to read as follows:
   1. There shall be in the department of public service a public service
 commission, which shall possess the powers and duties hereinafter speci-
 fied, and also all powers necessary or proper to enable it to carry  out
 the  purposes  of  this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
 JUSTICE AND EMISSION REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX  OF
 THE  LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC-
 TION AS MAY ARISE FROM TIME TO TIME.   The commission shall  consist  of
 five  members,  to  be appointed by the governor, by and with the advice
 and consent of the senate. A commissioner shall be designated as [chair-
 man] CHAIRPERSON of the commission by the  governor  to  serve  in  such
 capacity  at the pleasure of the governor or until [his] THE COMMISSION-
 ER'S term [as commissioner] expires whichever first occurs. At least one
 commissioner shall have experience in utility consumer advocacy. No more
 than three commissioners may be members  of  the  same  political  party
 unless,  pursuant to action taken under subdivision two of this section,
 the number of commissioners shall exceed five, and in such event no more
 than four commissioners may be members of the same political party.
   § 5. Paragraph b of subdivision 1 of section 5 of the  public  service
 law,  as  amended by chapter 155 of the laws of 1970, is amended to read
 as follows:
   b. To the manufacture, conveying, transportation, sale or distribution
 of gas (natural or manufactured or mixture of both) and electricity  for
 light, heat, COOLING, or power, to gas plants and to electric plants and
 to the persons or corporations owning, leasing or operating the same.
   §  6.  Section 30 of the public service law, as amended by chapter 686
 of the laws of 2002, is amended to read as follows:
 S. 3008--B                         110
 
   § 30. Residential gas, electric and  steam  service  policy.  1.  This
 article  shall  apply  to  the  provision of all or any part of the gas,
 electric or steam service provided to any residential  customer  by  any
 gas,  electric  or steam and municipalities corporation or municipality.
 It  is hereby declared to be the policy of this state that the continued
 provision of [all or any part of such gas,] electric and steam [service]
 SERVICES to all residential customers  without  unreasonable  qualifica-
 tions  or lengthy delays is necessary for the preservation of the health
 and general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF  THE  STATE'S
 CLIMATE  JUSTICE  AND  EMISSION  REDUCTION  GOALS,  and is in the public
 interest.  IT IS FURTHER THE POLICY OF  THIS  STATE  THAT  ELECTRIC  AND
 STEAM  SERVICES TO ALL RESIDENTIAL CUSTOMERS, AND GAS SERVICE FOR EXIST-
 ING RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE  AND
 ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL
 RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY, AFFORDABLE
 AND EQUITABLE RIGHT-SIZING OF THE UTILITY GAS SYSTEM TO ACHIEVE CONSIST-
 ENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION PROVISIONS IN CHAP-
 TER  ONE  HUNDRED  SIX  OF  THE  LAWS OF TWO THOUSAND NINETEEN, AND SUCH
 SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME, ENCOURAG-
 ING  NEIGHBORHOOD-SCALE  TRANSITIONS  AND  THE  ELIMINATION  OF  ON-SITE
 CO-POLLUTANTS.
   2.  (A)  THE  COMMISSION SHALL REGULATE FOR THE CONTINUED PROVISION OF
 GAS SERVICE TO ALL  EXISTING  RESIDENTIAL  GAS  CUSTOMERS,  UNLESS  SUCH
 SERVICE  IS DISCONTINUED PURSUANT TO A HOME ENERGY AFFORDABLE TRANSITION
 PROGRAM APPROVED BY THE COMMISSION PURSUANT TO  SECTION  SIXTY-SIX-Z  OF
 THIS CHAPTER.
   (B) FOR THE PURPOSES OF THIS SECTION, ANY NEW RESIDENTIAL GAS CUSTOMER
 PURCHASING  OR  RENTING  OR  MOVING  INTO  A  BUILDING WITH EXISTING GAS
 SERVICE, OR IN WHICH GAS SERVICE WAS TEMPORARILY INTERRUPTED, AS DEFINED
 BY THE COMMISSION, INCLUDING  TEMPORARY  INTERRUPTION  FOR  EMERGENCIES,
 DISASTERS,  MAINTENANCE,  REPAIRS,  RENOVATION, OR RESTORATION, SHALL BE
 TREATED AS AN EXISTING CUSTOMER UNLESS AND UNTIL SUCH SERVICE IS DISCON-
 TINUED PURSUANT TO A HOME ENERGY AFFORDABLE TRANSITION PROGRAM  APPROVED
 BY THE COMMISSION.
   3.  (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 COMMISSION SHALL DEVELOP A PLAN TO ENSURE THAT ALL RESIDENTIAL CUSTOMERS
 BE ADEQUATELY PROTECTED FROM BEARING AN ENERGY BURDEN GREATER  THAN  SIX
 PERCENT OF THEIR HOUSEHOLD INCOME.  IN DEVELOPING SUCH PLAN, THE COMMIS-
 SION  SHALL  EVALUATE AVAILABLE TOOLS, INCLUDING BUT NOT LIMITED TO BILL
 DISCOUNTS, BILL CREDITS, REDIRECTION OF AVOIDED COSTS OF UTILITY INFRAS-
 TRUCTURE, RATE MAKING STRATEGIES, ENERGY EFFICIENCY, DISTRIBUTED RENEWA-
 BLE ENERGY, AND POTENTIAL BUDGETARY MEASURES, PRIORITIZING MITIGATION OF
 RATE INCREASES ON RESIDENTIAL CUSTOMERS. BEGINNING IN THE CALENDAR  YEAR
 FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION, AND CONTINUING ANNUAL-
 LY ON OR BEFORE OCTOBER FIRST, THE COMMISSION SHALL REPORT TO THE GOVER-
 NOR AND LEGISLATURE ON THE ACTIONS IT HAS TAKEN AND PROGRESS IT HAS MADE
 TOWARD IMPLEMENTING THE PLAN DEVELOPED PURSUANT TO THIS PARAGRAPH.  SUCH
 REPORT SHALL INCLUDE BUT NOT BE LIMITED TO RECOMMENDATIONS REGARDING ANY
 ADDITIONAL  LEGISLATIVE  OR BUDGETARY MEASURES NECESSARY TO ACHIEVE SUCH
 GOAL. THE ANNUAL REPORT SHALL ALSO  BE  PUBLISHED  ON  THE  COMMISSION'S
 WEBSITE.  IN IMPLEMENTING THE PLAN DEVELOPED PURSUANT TO THIS PARAGRAPH,
 THE COMMISSION SHALL PRIORITIZE  LOW-TO-MODERATE  INCOME  CUSTOMERS,  AS
 DEFINED  BY THE COMMISSION, INCLUDING THOSE WHO ARE ALREADY ELIGIBLE FOR
 THE COMMISSION'S ENERGY AFFORDABILITY PROGRAM.
   (B) IN ORDER TO ENSURE THAT ALL RESIDENTIAL  CUSTOMERS  BE  ADEQUATELY
 PROTECTED  FROM  BEARING  AN  ENERGY  BURDEN GREATER THAN SIX PERCENT OF
 S. 3008--B                         111
 
 THEIR HOUSEHOLD INCOME, THE COMMISSION MAY AUTHORIZE THE USE OF  REASON-
 ABLE  PER-CUSTOMER  CAPS  ON  THE  AMOUNT  OF  ENERGY  SUBJECT  TO  SUCH
 PROTECTIONS. THE COMMISSION MAY  ALSO  ESTABLISH  A  REASONABLE  CAP  ON
 COLLECTIONS FROM RATEPAYERS TO FUND THE COMMISSION'S ENERGY AFFORDABILI-
 TY  PROGRAM  OR SIMILAR SUCCESSOR PROGRAMS PROVIDED SUCH CAP IS NOT LESS
 THAN THREE PERCENT OF TOTAL ELECTRIC OR GAS REVENUES FOR SALES  TO  END-
 USE CUSTOMERS FOR EACH UTILITY.
   4. NOTHING IN THIS ARTICLE OR ANY OTHER LAW OF NEW YORK STATE SHALL BE
 INTERPRETED  OR  OTHERWISE  CONSTRUED  AS PREEMPTING A MUNICIPALITY FROM
 ADOPTING BUILDING CODES OR OTHER REGULATIONS REGARDING ON-SITE EMISSIONS
 FOR NEW AND EXISTING BUILDINGS WITHIN THEIR LOCALITIES.
   § 7. Subdivision 1 of section 1020-cc of the public  authorities  law,
 as  amended  by section 11 of part A of chapter 173 of the laws of 2013,
 is amended to read as follows:
   1. All contracts of the authority shall be subject to  the  provisions
 of  the  state  finance law relating to contracts made by the state. The
 authority shall also establish rules and  regulations  with  respect  to
 providing  to  its residential gas, electric and steam utility customers
 those rights and protections provided in article two  and  sections  one
 hundred seventeen and one hundred eighteen of the public service law and
 section  one  hundred thirty-one-s of the social services law.  IT SHALL
 BE A GOAL OF THE AUTHORITY THAT ALL RESIDENTIAL CUSTOMERS BE  ADEQUATELY
 PROTECTED  FROM  BEARING  AN  ENERGY  BURDEN GREATER THAN SIX PERCENT OF
 THEIR HOUSEHOLD INCOME PURSUANT TO SUBDIVISION THREE OF  SECTION  THIRTY
 OF  THE  PUBLIC  SERVICE  LAW. The authority shall conform to any safety
 standards regarding manual lockable disconnect switches for solar  elec-
 tric  generating  equipment established by the public service commission
 pursuant to subparagraph (ii) of paragraph (a) of subdivision  five  and
 subparagraph  (ii)  of  paragraph  (a)  of subdivision five-a of section
 sixty-six-j of the public service law. The authority shall let contracts
 for construction or purchase of supplies, materials, or equipment pursu-
 ant to section one hundred three and paragraph (e) of  subdivision  four
 of section one hundred twenty-w of the general municipal law.
   §  8. Subdivisions 1, 3 and 4 of section 31 of the public service law,
 as added by chapter 713 of the laws of  1981,  are  amended  and  a  new
 subdivision 4-a is added to read as follows:
   1.  Every  gas corporation, electric corporation or municipality shall
 provide residential service upon the  oral  or  written  request  of  an
 applicant,  provided  that  ANY  RESIDENTIAL  GAS  SERVICE SHALL ONLY BE
 PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, AND PROVIDED
 FURTHER THAT the commission may require that requests for service be  in
 writing  under  circumstances  as  it  deems necessary and proper as set
 forth by regulation, and provided further that the applicant:
   (a) makes full payment for residential utility service provided  to  a
 prior account in [his] THE APPLICANT'S name; or
   (b)  agrees  to  make  payments  under  a deferred payment plan of any
 amounts due for service to a prior account in [his] THE APPLICANT'S name
 and makes a down payment based on criteria  to  be  established  by  the
 commission.  No such down payment shall exceed one-half of any money due
 from an applicant for residential utility service, or three months aver-
 age billing, whichever is less; or
   (c) is a recipient of public assistance, supplemental security  income
 or  additional state payments pursuant to the social services law, or is
 an applicant for such assistance, income or payments,  and  the  utility
 corporation or the municipality receives payment from, or is notified of
 the  applicant's eligibility for utility payments by the social services
 S. 3008--B                         112
 
 official of the social services district in which  such  person  resides
 for  amounts due for service to a prior account in the applicant's name,
 together with guarantee of future payments to the extent  authorized  by
 the social services law; AND
   (D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
 TRIC CORPORATION,  MUNICIPALITY, OR RETAIL ENERGY SERVICE COMPANY, WRIT-
 TEN IN PLAIN LANGUAGE, AVAILABLE IN THE TOP TWELVE MOST COMMON NON-ENGL-
 ISH  LANGUAGES  SPOKEN  BY  LIMITED  ENGLISH PROFICIENT NEW YORKERS, AND
 APPROVED BY THE COMMISSION AFTER STAKEHOLDER INPUT,  ON  INCENTIVES  AND
 OPPORTUNITIES FOR INSTALLING ENERGY-EFFICIENT ELECTRIC HEATING AND COOL-
 ING  TECHNOLOGIES,  WEATHERIZATION, DEMAND-SIDE MANAGEMENT, AND DISTRIB-
 UTED ENERGY RESOURCE PROGRAMS.
   (E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT  EXIST-
 ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND
 SUBJECT  TO  ANY  OTHER  REGULATIONS IMPLEMENTED BY THE COMMISSION, FROM
 RECONNECTING TO THE GAS DISTRIBUTION SYSTEM FOLLOWING A GAS INTERRUPTION
 DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
   3. Subject to the requirements of subdivisions four, FOUR-A  and  five
 of  this section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE,
 whenever a residential customer moves to  a  new  residence  within  the
 service  territory of the same utility corporation or municipality, [he]
 THE APPLICANT shall be eligible to receive service at the new  residence
 and  such  service  shall be considered a continuation of service in all
 respects EXCEPT FOR THE PURPOSES OF SECTION THIRTY OF THIS ARTICLE, with
 any deferred payment agreement honored, and  with  all  rights  of  such
 customer  and  such  utility  corporation provided by this article unim-
 paired.
   4. In the case of any application for ELECTRIC service to  a  building
 which  is  not supplied with electricity [or gas], a utility corporation
 or municipality shall be obligated to provide ELECTRIC service to such a
 building, provided however, that the commission may  require  applicants
 for service to buildings located in excess of one hundred feet from [gas
 or]  electric transmission lines to pay or agree in writing to pay mate-
 rial and installation costs relating to the  applicant's  proportion  of
 the pipe, conduit, duct or wire, or other facilities to be installed.
   4-A.  IN  THE  CASE  OF  ANY APPLICATION FOR GAS SERVICE TO A BUILDING
 WHICH IS NOT SUPPLIED WITH GAS, A UTILITY  CORPORATION  OR  MUNICIPALITY
 SHALL BE OBLIGATED TO PROVIDE GAS SERVICE TO SUCH BUILDING IN ACCORDANCE
 WITH  COMMISSION REGULATION, PROVIDED HOWEVER, THAT THE COMMISSION SHALL
 REQUIRE APPLICANTS FOR GAS SERVICE TO SUCH BUILDING TO PAY OR  AGREE  IN
 WRITING  TO  PAY MATERIAL AND INSTALLATION COSTS RELATING TO THE PIPE OR
 OTHER FACILITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
   § 9. Section 12 of the transportation corporations law, as  separately
 amended  by chapters 713 and 895 of the laws of 1981, is amended to read
 as follows:
   § 12. [Gas and electricity] ELECTRICITY must be supplied  on  applica-
 tion.  Except  in  the  case  of  an application for residential utility
 service pursuant to article two of the public service law, upon  written
 application  of the owner or occupant of any building within one hundred
 feet of any [main of a gas corporation or gas and electric  corporation,
 or  a]  line of an electric corporation or gas and electric corporation,
 appropriate to the service requested, and payment by [him] THE APPLICANT
 of all money due from [him] THE APPLICANT to the corporation,  it  shall
 supply  [gas  or]  electricity  as  may  be required for [lighting] such
 building, notwithstanding there be rent or compensation in  arrears  for
 gas  or  electricity  supplied,  or  for  meter,  wire, pipe or fittings
 S. 3008--B                         113
 
 furnished, to a former occupant thereof, unless such owner  or  occupant
 shall  have  undertaken  or agreed with the former occupant to pay or to
 exonerate [him] THE FORMER OCCUPANT from the payment  of  such  arrears,
 and shall refuse or neglect to pay the same; and if for the space of ten
 days  after  such  application,  and  the deposit of a reasonable sum as
 provided in the next section, if required, the corporation shall  refuse
 or  neglect  to  supply gas or [electric light] ELECTRICITY as required,
 such corporation shall forfeit and pay to the applicant the sum  of  ten
 dollars,  and  the  further sum of five dollars for every day thereafter
 during which such refusal or neglect shall continue;  provided  that  no
 such corporation shall be required to lay service pipes or wires for the
 purpose  of  supplying  gas or electric light to any applicant where the
 ground in which such pipe or wire  is  required  to  be  laid  shall  be
 frozen, or shall otherwise present serious obstacles to laying the same;
 nor unless the applicant, if required, shall deposit in advance with the
 corporation  a  sum  of money sufficient to pay the cost of [his propor-
 tion] THE APPLICANT'S  PORTION  of  the  pipe,  conduit,  duct  or  wire
 required  to  be  installed, and the expense of the installation of such
 portion.
   § 10. The transportation corporations law is amended by adding  a  new
 section 13 to read as follows:
   §  13.  GAS MUST BE SUPPLIED IN ACCORDANCE WITH PUBLIC SERVICE COMMIS-
 SION RULES AND REGULATIONS. EXCEPT IN THE CASE  OF  AN  APPLICATION  FOR
 RESIDENTIAL  UTILITY  SERVICE  PURSUANT  TO  ARTICLE  TWO  OF THE PUBLIC
 SERVICE LAW, UPON WRITTEN APPLICATION OF THE  OWNER OR OCCUPANT  OF  ANY
 BUILDING WITHIN ONE HUNDRED FEET OF ANY MAIN OF A GAS CORPORATION OR GAS
 AND  ELECTRIC  CORPORATION  APPROPRIATE  TO  THE  SERVICE REQUESTED, AND
 PAYMENT BY THE APPLICANT OF ALL MONEY DUE  FROM  THE  APPLICANT  TO  THE
 CORPORATION,  IT  SHALL  SUPPLY GAS FOR SUCH BUILDING IN ACCORDANCE WITH
 PUBLIC SERVICE COMMISSION REGULATIONS, NOTWITHSTANDING THERE BE RENT  OR
 COMPENSATION IN ARREARS FOR GAS SUPPLIED, OR FOR METER, PIPE OR FITTINGS
 FURNISHED,  TO  A FORMER OCCUPANT THEREOF, UNLESS SUCH OWNER OR OCCUPANT
 SHALL HAVE UNDERTAKEN OR AGREED WITH THE FORMER OCCUPANT TO  PAY  OR  TO
 EXONERATE  THE  FORMER  OCCUPANT  FROM  THE PAYMENT OF SUCH ARREARS, AND
 SHALL REFUSE OR NEGLECT TO PAY THE SAME; AND IF FOR  THE  SPACE  OF  TEN
 DAYS  AFTER  SUCH  APPLICATION,  AND THE DEPOSIT OF A REASONABLE SUM, IF
 REQUIRED, THE CORPORATION SHALL REFUSE  OR  NEGLECT  TO  SUPPLY  GAS  AS
 REQUIRED  PURSUANT  TO  PUBLIC SERVICE COMMISSION RULES AND REGULATIONS,
 SUCH CORPORATION SHALL FORFEIT AND PAY TO THE APPLICANT THE SUM  OF  TEN
 DOLLARS,  AND  THE  FURTHER SUM OF FIVE DOLLARS FOR EVERY DAY THEREAFTER
 DURING WHICH SUCH REFUSAL OR NEGLECT SHALL CONTINUE;  PROVIDED  THAT  NO
 SUCH  CORPORATION SHALL BE REQUIRED TO LAY SERVICE PIPES FOR THE PURPOSE
 OF SUPPLYING GAS TO ANY APPLICANT WHERE THE GROUND IN WHICH  SUCH  PIPES
 ARE  REQUIRED  TO  BE  LAID  SHALL BE FROZEN, OR SHALL OTHERWISE PRESENT
 SERIOUS OBSTACLES TO LAYING THE SAME; NOR  UNLESS  THE  APPLICANT  SHALL
 DEPOSIT IN ADVANCE WITH THE CORPORATION A SUM OF MONEY SUFFICIENT TO PAY
 THE MATERIAL AND INSTALLATION COSTS RELATING TO THE PIPE OR OTHER FACIL-
 ITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
   §  11. Section 66 of the public service law is amended by adding a new
 subdivision 12-e to read as follows:
   12-E. THE COMMISSION SHALL REVIEW THE  CAPITAL  CONSTRUCTION  PLAN  OF
 EACH  GAS  CORPORATION  AND  ESTABLISH A PROCESS TO EXAMINE THE FEASIBLE
 ALTERNATIVES TO SUCH CONSTRUCTION IN ORDER TO ACHIEVE  CONSISTENCY  WITH
 THE  CLIMATE  JUSTICE  AND  EMISSION REDUCTION PROVISIONS IN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN
 LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME, AND TO ALIGN  WITH  THE
 S. 3008--B                         114
 
 STATEWIDE AFFORDABLE GAS TRANSITION PLAN PURSUANT TO SECTION SIXTY-SIX-Y
 OF  THIS ARTICLE. THE COMMISSION MAY REQUIRE PARTICIPATION IN SUCH PROC-
 ESS BY EACH ELECTRIC CORPORATION WITH A  SERVICE  AREA  OVERLAPPING  THE
 SERVICE  AREA  OF THE GAS CORPORATION, AND THE COMMISSION SHALL HAVE THE
 POWER TO REQUIRE ANY SUCH ELECTRIC CORPORATION TO PARTICIPATE IN  ALTER-
 NATIVES  TO GAS CAPITAL CONSTRUCTION, INCLUDING PARTICIPATION IN FINANC-
 ING. ANY COSTS INCURRED BY SUCH ELECTRIC  CORPORATION  FOR  SUCH  CORPO-
 RATION'S  PARTICIPATION  SHALL  BE  SUBJECT  TO  AN OPPORTUNITY FOR FULL
 RECOVERY, AS DETERMINED BY THE COMMISSION.
   § 12. Section 66-b of the public service law is REPEALED.
   § 13. The public service law is amended by adding a new  section  66-x
 to read as follows:
   §  66-X.    EXPANSION  OF  GAS  COMPANY SERVICE TERRITORIES. EXCEPT AS
 PROVIDED IN THIS SECTION, AND NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
 THIS  CHAPTER, AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, THE
 COMMISSION SHALL NOT GRANT AN AMENDMENT OF A GAS  COMPANY'S  CERTIFICATE
 OF PUBLIC CONVENIENCE AND NECESSITY THAT EXPANDS A GAS COMPANY'S SERVICE
 TERRITORY  IN  ORDER  TO  EXTEND  GAS  PLANT AND THE AVAILABILITY OF GAS
 SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS NOT AVAILABLE  PRIOR
 TO  SUCH DATE. THE COMMISSION MAY AUTHORIZE EXCEPTIONS TO THE POLICY SET
 FORTH IN THIS SECTION ON A CASE-BY-CASE BASIS, PROVIDED THAT THE COMMIS-
 SION FINDS THAT THE AMENDMENT OF THE CERTIFICATE OF  PUBLIC  CONVENIENCE
 AND  NECESSITY  IS  LIMITED  TO A PROJECT THAT SERVES A COMPELLING STATE
 INTEREST, ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICALLY  FEASI-
 BLE  OR  PROHIBITIVELY EXPENSIVE, AND THAT THE PROJECT WILL BE COMPLETED
 AND PUT INTO SERVICE NOT LATER THAN DECEMBER THIRTY-FIRST, TWO  THOUSAND
 TWENTY-EIGHT.
   § 14. Section 66-g of the public service law is REPEALED.
   §  15.  Subdivision 1 of section 224-d of the labor law, as amended by
 section 31 of part O of chapter 58 of the laws of 2024, is amended and a
 new subdivision 9 is added to read as follows:
   1. For purposes of this section, a "covered renewable  energy  system"
 means  (a) a renewable energy system, as such term is defined in section
 sixty-six-p of the public service law, with a capacity of  one  or  more
 megawatts  alternating  current  and  which  involves the procurement of
 renewable energy credits by a public entity, or a company or corporation
 provided in subdivisions twenty-three and twenty-four of section two  of
 the  public  service  law, or a third party acting on behalf and for the
 benefit of a public entity; (b) any "thermal energy network" as  defined
 by subdivision twenty-nine of section two of the public service law; (c)
 any  offshore  wind  supply  chain project, including but not limited to
 port infrastructure, primary component manufacturing, finished component
 manufacturing, subassembly manufacturing, subcomponent manufacturing, or
 raw material producers, or a combination thereof receiving direct  fund-
 ing  from  the  New York state energy research and development authority
 pursuant to an award under a New York state energy research and develop-
 ment authority solicitation; [or]  (d)  a  "major  utility  transmission
 facility"  as  such term is defined by section one hundred twenty of the
 public service law; OR  (E)  ANY  COVERED  NEIGHBORHOOD  GAS  TRANSITION
 PROJECT, AS DEFINED BY SUBDIVISION NINE OF THIS SECTION.
   9.  FOR  PURPOSES OF THIS SECTION, A "COVERED NEIGHBORHOOD GAS TRANSI-
 TION PROJECT" SHALL MEAN A PROJECT PERFORMED BY CONTRACTORS  OR  SUBCON-
 TRACTORS  HIRED  DIRECTLY  BY  A  PUBLIC  UTILITY COMPANY, AS DEFINED BY
 SUBDIVISION TWENTY-THREE OF SECTION TWO OF THE PUBLIC  SERVICE  LAW,  TO
 ENSURE  THAT CUSTOMERS PERMANENTLY TRANSITIONING OFF UTILITY GAS SERVICE
 AS PART OF A HOME  ENERGY  AFFORDABLE  TRANSITION  PROGRAM  PURSUANT  TO
 S. 3008--B                         115
 
 SECTION  SIXTY-SIX-Z  OF THE PUBLIC SERVICE LAW HAVE CONTINUED ACCESS TO
 SAFE AND RELIABLE ENERGY SERVICES FOR  HEATING,  COOLING,  COOKING,  AND
 WATER  HEATING.  A COVERED NEIGHBORHOOD GAS TRANSITION PROJECT SHALL NOT
 INCLUDE  A PROJECT PERFORMED UNDER PRIVATE CONTRACT WITH AN ENTITY OTHER
 THAN A PUBLIC  UTILITY  COMPANY,  EVEN  IF  SUCH  ENTITY  OR  CONTRACTOR
 RECEIVES FINANCIAL AND/OR TECHNICAL SUPPORT FROM A PUBLIC UTILITY COMPA-
 NY, INCLUDING FOR THE PURCHASE AND INSTALLATION OF CUSTOMER-OWNED EQUIP-
 MENT.
   §  16. Severability. If any word, phrase, clause, sentence, paragraph,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 eof  directly  involved  in the controversy in which such judgment shall
 have been rendered. It is hereby declared to be the intent of the legis-
 lature that this act would  have  been  enacted  even  if  such  invalid
 provisions had not been included herein.
   § 17. This act shall take effect immediately.
 
                                 PART FFF
 
   Section  1. The executive law is amended by adding a new article 43 to
 read as follows:
                                ARTICLE 43
                  CLIMATE RESILIENT NEW YORK ACT OF 2025
 SECTION 930. SHORT TITLE.
         931. DECLARATION OF PURPOSE.
         932. OFFICE OF RESILIENCE.
         933. CHIEF RESILIENCE OFFICER.
         934. STATEWIDE RESILIENCE PLAN.
         935. RESILIENCE TASK FORCE.
         936. STATE AGENCY RESILIENCE COORDINATORS.
         937. INTERAGENCY RESILIENCE COORDINATION TEAM.
         938. PUBLIC ENGAGEMENT AND REPORTING.
   § 930. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE  CITED  AS  THE
 "CLIMATE RESILIENT NEW YORK ACT OF 2025".
   §  931.  DECLARATION  OF  PURPOSE. THE LEGISLATURE RECOGNIZES THAT THE
 STATE IS PARTICULARLY VULNERABLE TO ADVERSE IMPACTS FROM CLIMATE CHANGE.
 IN LESS THAN 15 YEARS, THE STATE HAS EXPERIENCED SIXTEEN CLIMATE  DISAS-
 TER  DECLARATIONS.  THESE  RISING  RISKS POSE ECONOMIC, SOCIAL, ENVIRON-
 MENTAL, AND PUBLIC HEALTH AND SAFETY CHALLENGES. A COORDINATED  APPROACH
 IS  NECESSARY  TO  EFFECTIVELY,  EFFICIENTLY,  AND EQUITABLY ADDRESS AND
 PREPARE FOR THE ADVERSE IMPACTS OF NEAR-, MID-,  AND  LONG-TERM  CLIMATE
 THREATS  ON  THE  STATE.  THIS  ACT  THEREFORE RELATES TO ESTABLISHING A
 STATEWIDE OFFICE OF CLIMATE RESILIENCE; ADDING  THE  OFFICE  OF  CLIMATE
 RESILIENCE TO THE EXECUTIVE BRANCH OF GOVERNMENT; CREATING THE OFFICE OF
 RESILIENCE WITHIN THE OFFICE OF THE GOVERNOR; ESTABLISHING A CHIEF RESI-
 LIENCE OFFICER; ESTABLISHING RESILIENCE COORDINATORS IN EACH STATE AGEN-
 CY;  PROVIDING  FOR A STATEWIDE RESILIENCE PLAN TO BE COORDINATED BY THE
 OFFICE OF CLIMATE RESILIENCE;  ESTABLISHING  AN  INTERAGENCY  RESILIENCE
 COORDINATION  TEAM  AND  PROVIDING FOR ITS MEMBERS, MEETINGS, AND PUBLIC
 ENGAGEMENT; AND PROVIDING FOR RELATED MATTERS.
   § 932. OFFICE OF RESILIENCE. 1. THERE IS HEREBY CREATED IN THE  EXECU-
 TIVE  DEPARTMENT  AN  OFFICE  OF RESILIENCE, HEREINAFTER IN THIS ARTICLE
 REFERRED TO AS THE "OFFICE".
   2. THE OFFICE SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
 S. 3008--B                         116
 
   (A) COORDINATE THE RESILIENCE TASK FORCE AND PROVIDE STRATEGIC  DIREC-
 TION  FOR GOVERNMENTAL RESILIENCE INITIATIVES TO BUILD LONG-TERM CLIMATE
 RESILIENCE FOR A ROBUST, VIBRANT ECONOMY, SUSTAINABLE  NATURAL  ENVIRON-
 MENT,  HEALTHY  COMMUNITIES,  AND  AN  EQUITABLE  AND JUST TRANSITION TO
 FUTURE CLIMATE;
   (B) ESTABLISH AN INTERAGENCY RESILIENCE COORDINATION TEAM;
   (C)  ESTABLISH, IN COLLABORATION WITH THE INTERAGENCY RESILIENCE COOR-
 DINATION TEAM, A STATEWIDE RESILIENCE PLAN AND FRAMEWORK  TO  FACILITATE
 COORDINATION ACROSS RESILIENCE PLANS AT ALL LEVELS OF GOVERNMENT;
   (D)  PROVIDE  TECHNICAL GUIDANCE AND ASSISTANCE OR SUPPORT TO AGENCIES
 AND LOCAL AND REGIONAL JURISDICTIONS, TO INTEGRATE STATEWIDE  RESILIENCE
 GOALS  INTO  FUTURE  PROJECTS, PLANS, AND PROGRAMS, AND TO FOSTER INTER-
 MUNICIPAL COOPERATION;
   (E) ESTABLISH A MEANS OF TRACKING PROGRESS TOWARD STATEWIDE  GOALS  ON
 CLIMATE RESILIENCE;
   (F)  IDENTIFY  AND DEVELOP POLICIES NECESSARY TO IMPLEMENT A STATEWIDE
 RESILIENCE PLAN AND RISK REDUCTION STRATEGY;
   (G) ESTABLISH AND MAINTAIN A WEBSITE WHICH SHALL FACILITATE THE SATIS-
 FACTION OF THE FUNCTIONS AND DUTIES OF THE OFFICE;
   (H) ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE AND SUCH  OTHER  OFFICES
 WITHIN THE STATE AS IT MAY DEEM NECESSARY;
   (I)  APPOINT A SECRETARY, COUNSEL, CLERKS AND SUCH OTHER EMPLOYEES AND
 AGENTS AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE LIMI-
 TATIONS PROVIDED BY LAW, AND PRESCRIBE THEIR DUTIES; AND
   (J) REQUIRE THAT STATE AGENCIES  AND  ANY  OTHER  STATE  OR  MUNICIPAL
 DEPARTMENT,  AGENCY,  PUBLIC AUTHORITY, TASK FORCE, COMMISSION, OR OTHER
 STATE OR MUNICIPAL GOVERNMENT BODY, PROVIDE  AND  THE  SAME  ARE  HEREBY
 AUTHORIZED  TO  PROVIDE,  SUCH  ASSISTANCE,  DOCUMENTS, AND DATA AS WILL
 ENABLE THE OFFICE TO CARRY OUT ITS FUNCTIONS AND DUTIES.
   § 933. CHIEF RESILIENCE OFFICER. 1. THE HEAD OF THE  OFFICE  SHALL  BE
 THE  CHIEF RESILIENCE OFFICER WHO SHALL BE APPOINTED BY THE GOVERNOR AND
 WHO SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR.
   2. THE CHIEF RESILIENCE OFFICER SHALL HAVE  THE  FOLLOWING  FUNCTIONS,
 POWERS AND DUTIES:
   (A)  EMPLOY OR ALLOCATE THE NECESSARY STAFF AND REQUEST THE ASSISTANCE
 OF PERSONNEL OF ANY STATE DEPARTMENT OR AGENCY TO CARRY  OUT  THE  FUNC-
 TIONS,  POWERS  AND  DUTIES  PROVIDED  IN  THIS  ARTICLE OR AS OTHERWISE
 PROVIDED BY LAW;
   (B) MANAGE THE OFFICE, THE BUDGET FOR SUCH OFFICE, AND  RELATED  FUNC-
 TIONS AS PROVIDED BY LAW;
   (C)  REVIEW AND RECONCILE STATE AGENCY COMMENTS ON FEDERALLY SPONSORED
 RESILIENCE AND RISK MITIGATION ACTIVITIES  TO  DEVELOP  AND  PRESENT  AN
 OFFICIAL STATE POSITION;
   (D)  REPRESENT  THE POLICY AND CONSENSUS VIEWPOINT OF THE STATE AT THE
 FEDERAL, REGIONAL, STATE, AND LOCAL LEVELS WITH  RESPECT  TO  RESILIENCE
 AND RISK MITIGATION;
   (E) MONITOR AND SEEK AVAILABLE FUNDS TO SUPPORT THE STATE'S RESILIENCE
 PRIORITIES, INCLUDING COORDINATING CROSS-AGENCY FEDERAL FUNDING APPLICA-
 TIONS FOR COMMUNITY RESILIENCE PROJECTS;
   (F) PROVIDE STRATEGIC DIRECTION FOR INTERAGENCY AND CROSS-DISCIPLINARY
 INITIATIVES  TO  BUILD RESILIENCE, IN COLLABORATION WITH THE OTHER RELE-
 VANT RESILIENCE TASK FORCE AND ENTITIES AS THE CHIEF RESILIENCE  OFFICER
 DEEMS  APPROPRIATE,  FOR THE PURPOSES OF CLIMATE RESILIENCE PLANNING AND
 GOAL DEVELOPMENT, TRACKING AND REPORTING PROGRESS ON CLIMATE  RESILIENCE
 GOALS, AND PUBLIC ENGAGEMENT ON CLIMATE RESILIENCE ISSUES;
 S. 3008--B                         117
 
   (G)  APPRAISE  THE ADEQUACY OF STATUTORY AND ADMINISTRATIVE MECHANISMS
 FOR COORDINATING THE STATE'S POLICIES AND PROGRAMS AT  BOTH  THE  INTRA-
 STATE  AND  INTERSTATE  LEVELS,  AND  BETWEEN  FEDERAL, STATE, AND LOCAL
 GOVERNMENT, WITH RESPECT TO RESILIENCE AND RISK MITIGATION;
   (H) DEVELOP, WHERE APPROPRIATE, INTRASTATE OR INTERGOVERNMENTAL AGREE-
 MENTS  TO FORMALIZE COORDINATION ROLES FOR REGIONAL RESILIENCE PROJECTS,
 SUCH AS THE NEW YORK-NEW JERSEY HARBOR AND TRIBUTARIES PROJECT;
   (I) APPRAISE POLICY BARRIERS TO MEET  THE  GOALS  OF  THE  STATE  WITH
 RESPECT TO RESILIENCE AND RISK MITIGATION;
   (J)  SERVE AS SUBJECT-MATTER EXPERT FOR THE STATE ON ISSUES RELATED TO
 RESILIENCE AND MITIGATION AND PROVIDE RECOMMENDATIONS TO THE LEGISLATURE
 AND FEDERAL CONGRESS WITH RESPECT TO POLICIES, PROGRAMS, AND  COORDINAT-
 ING MECHANISMS RELATIVE TO RESILIENCE AND RISK MITIGATION;
   (K) ASSIST WITH THE STATE'S PLANNING EFFORTS, INCLUDING BUT NOT LIMIT-
 ED TO A STATEWIDE RESILIENCE PLAN, THE STATE HAZARD MITIGATION PLAN, AND
 OTHER  RELEVANT  STATE  AND  REGIONAL  PLANS  FOR WHICH THERE IS A STATE
 INTEREST, TO ENSURE THE INCORPORATION AND ALIGNMENT OF THE STATE'S RESI-
 LIENCE GOALS AND OBJECTIVES  INTO  A  UNIFIED,  PROACTIVE,  PRE-DISASTER
 APPROACH TO ADAPTATION AND NEAR-, MID-, AND LONG-TERM RESILIENCE;
   (L)  TO  SERVE  AS  A  CLEARINGHOUSE FOR THE BENEFIT OF MUNICIPALITIES
 REGARDING INFORMATION RELATING TO FLOODING, EXTREME HEAT, AND OTHER RISK
 PREVENTION AND MITIGATION, INCLUDING IMPACT  PREVENTION  AND  MITIGATION
 PROJECT FUNDING PROGRAMS, AND OTHER INFORMATION RELATING TO THEIR COMMON
 PROBLEMS  WITH  RESPECT  TO  THESE  HAZARDS  AND  THE  STATE AND FEDERAL
 SERVICES AVAILABLE TO ASSIST IN SOLVING SUCH PROBLEMS;
   (M) TAKE OTHER ACTIONS CONSISTENT WITH LAW AS DEEMED NECESSARY BY  THE
 CHIEF  RESILIENCE OFFICER TO CARRY OUT SUCH OFFICER'S DUTIES, FUNCTIONS,
 AND RESPONSIBILITIES.
   § 934. STATEWIDE RESILIENCE PLAN.  1.  TO  COORDINATE  AND  STRENGTHEN
 EFFORTS  TO  REDUCE  LOSSES  FROM FUTURE DISASTERS ACROSS THE STATE, THE
 OFFICE SHALL CONTRIBUTE TO ALL STATEWIDE  PLANNING  EFFORTS  RELATED  TO
 RESILIENCE  AND  RISK MITIGATION AND SHALL DEVELOP A STRATEGIC STATEWIDE
 RESILIENCE PLAN TO PROTECT THE STATE FROM MULTIPLE CLIMATE THREATS.
   2. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) ARTICULATION OF THE STATE'S RESILIENCE GOALS AND OBJECTIVES;
   (B) UTILIZATION OF THE BEST AVAILABLE SCIENCE, INCLUDING  A  RANGE  OF
 FUTURE   PROJECTIONS,   TO  IDENTIFY,  IMPLEMENT,  OR  REFORM  POLICIES,
 PROJECTS, AND PROGRAMS TO  ACHIEVE  THE  STATE'S  RESILIENCE  GOALS  AND
 OBJECTIVES;
   (C)  RECOMMENDED AGENCY-SPECIFIC STRATEGIC ACTIONS, INCLUDING CRITERIA
 FOR PRIORITIZATION BASED ON A VULNERABILITY ASSESSMENT OF THE RISKS FROM
 MULTIPLE  ENVIRONMENTAL  THREATS  TO  AGENCY  MISSION   AREAS,   ASSETS,
 SERVICES, AND POPULATIONS SERVED;
   (D)   PRIORITIZATION  OF  NATURAL,  NATURE-BASED,  AND  NON-STRUCTURAL
 APPROACHES TO MITIGATING CLIMATE THREATS, WHEREVER  POSSIBLE  INCLUDING,
 WITHOUT  LIMITATION,  USE  OF  LIVING  SHORELINES, RIPARIAN RESTORATION,
 PERMEABLE SURFACES, RAIN GARDENS, GREEN ROOFS,  TREE  CANOPY  EXPANSION,
 WETLAND  RESTORATION,  REMOVING, ALTERING, OR RIGHT-SIZING DAMS, NATURAL
 AREA CONSERVATION, WASTE-WATER AND STORMWATER  INFRASTRUCTURE  UPGRADES,
 ALTERATION  OF  STRUCTURES,  BUYOUTS,  AND  OTHER FLOOD AND EXTREME HEAT
 PREVENTION, MITIGATION AND RESILIENCY STRATEGIES OR PROJECTS;
   (E) SET GOALS AND RESILIENCE INDICATORS  THAT  SHALL  BE  TRACKED  AND
 REPORTED TO THE PUBLIC OVER TIME IN AN ANNUAL PROGRESS REPORT; AND
   (F)  A  FRAMEWORK  FOR  RESILIENCE  PROJECT  DEVELOPMENT, FUNDING, AND
 IMPLEMENTATION.  SUCH FRAMEWORK SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 THE FOLLOWING:
 S. 3008--B                         118
 
   (I)  SPATIAL ANALYSIS OF PROJECTED CLIMATE THREAT EXPOSURE AND VULNER-
 ABILITY, INCLUDING BUT NOT LIMITED TO FLOOD, EXTREME HEAT  AND  PRECIPI-
 TATION,  STORM  EVENTS, AND WILDFIRE, AND OTHER RISKS. SUCH ANALYSIS AND
 RESULTING MAPS SHOULD DELINEATE THE GEOGRAPHY AND THE SOCIAL AND ECOLOG-
 ICAL  VULNERABILITY OF THE RISK, USING THE STATE'S ENVIRONMENTAL JUSTICE
 AND DISADVANTAGED  COMMUNITY  LAYERS  AND  INCLUDING  CLIMATE-VULNERABLE
 ECOSYSTEMS,  LEVERAGING  EXISTING  INFORMATION  FROM  THE NEW YORK STATE
 CLIMATE IMPACTS ASSESSMENT, THE NEW YORK CITY PANEL ON  CLIMATE  CHANGE,
 AND  OTHER  REGIONAL,  PEER-REVIEWED,  BEST AVAILABLE SCIENTIFIC SOURCE,
 WHEREVER FEASIBLE;
   (II) AN ACCESSIBLE, UPDATED DATABASE OR INVENTORY OF CRITICAL  INFRAS-
 TRUCTURE VULNERABLE TO CURRENT AND FUTURE FLOODING, DEVELOPED IN COLLAB-
 ORATION WITH MUNICIPALITIES.  THIS INCLUDES THOSE THAT ARE ESSENTIAL FOR
 CRITICAL GOVERNMENT AND BUSINESS FUNCTIONS, NATIONAL SECURITY, TRANSPOR-
 TATION,  UTILITIES,  PUBLIC  HEALTH  AND  SAFETY, THE ECONOMY, FLOOD AND
 STORM PROTECTION, WATER QUALITY MANAGEMENT, AND WILDLIFE HABITAT MANAGE-
 MENT;
   (III) MAPS OR ACCESSIBLE, VISUAL REPRESENTATION OF FEDERAL, STATE, AND
 LOCAL MUNICIPAL AND COUNTY PROJECTS PLANNED TO REDUCE SUCH RISKS,  ALONG
 WITH  THE  FEDERAL,  STATE, OR LOCAL AGENCIES LEADING THOSE PROJECTS AND
 THE FUNDING SOURCE; AND
   (IV) A STRATEGIC PLAN FOR DEVELOPING, FUNDING, AND FINANCING  PROJECTS
 THAT  ADDRESS  SUCH  RISKS  THROUGH  FEDERAL,  STATE, LOCAL, AND PRIVATE
 SOURCES. SUCH STRATEGIC PLAN SHALL:
   (1) INCLUDE A STRATEGY FOR HOW TO MAKE EVERY EFFORT  PRACTICABLE  THAT
 DISADVANTAGED  COMMUNITIES, AS IDENTIFIED PURSUANT TO SECTION 75-0111 OF
 THE ENVIRONMENTAL CONSERVATION LAW, RECEIVE AT LEAST  FORTY  PERCENT  OF
 THE  BENEFITS  OF PROPOSED PLANS AND PROJECTS; PROVIDED, HOWEVER, DISAD-
 VANTAGED COMMUNITIES SHALL RECEIVE NO LESS THAN THIRTY-FIVE  PERCENT  OF
 SUCH BENEFITS; AND
   (2)  SEEKS  TO  BUILD ALIGNMENT AND EFFICIENCIES ACROSS AGENCY VULNER-
 ABILITY ASSESSMENTS AND RESILIENCE STRATEGIES.
   § 935. RESILIENCE TASK FORCE. 1. THERE IS  HEREBY  ESTABLISHED  WITHIN
 THE  OFFICE  A  RESILIENCE  TASK FORCE TO PROVIDE STRATEGIC DIRECTION TO
 RESILIENCE EFFORTS ACROSS THE STATE  AND  MAKE  RECOMMENDATIONS  TO  THE
 OFFICE.
   2. SUCH TASK FORCE SHALL BE COMPRISED OF THE FOLLOWING MEMBERS:
   (A)  THE  CHIEF RESILIENCE OFFICER, WHO SHALL SERVE AS CHAIR AND SHALL
 REPRESENT THE VIEWS OF THE INTERAGENCY RESILIENCE COORDINATION TEAM;
   (B)  THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 OR THEIR DESIGNEE;
   (C) THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
 CY SERVICES, OR THEIR DESIGNEE;
   (D) THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 OR THEIR DESIGNEE;
   (E) THE SECRETARY OF STATE, OR THEIR DESIGNEE;
   (F) THE COMMISSIONER OF THE DEPARTMENT OF FINANCIAL SERVICES, OR THEIR
 DESIGNEE;
   (G) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR THEIR DESIGNEE;
   (H) THE PRESIDENT OF THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, OR
 THEIR DESIGNEE;
   (I) THE COMMISSIONER OF THE DEPARTMENT  OF  TRANSPORTATION,  OR  THEIR
 DESIGNEE;
   (J) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (K)  THE CHAIR OF THE METROPOLITAN TRANSPORTATION AUTHORITY, OR  THEIR
 DESIGNEE;
 S. 3008--B                         119
 
   (L) THE CHAIR OF THE THRUWAY AUTHORITY, OR  THEIR DESIGNEE;
   (M) THE CHAIR OF THE BRIDGE AUTHORITY, OR THEIR DESIGNEE;
   (N)  THE  EXECUTIVE DIRECTOR OF THE PORT AUTHORITY, OR THEIR DESIGNEE;
 AND
   (O) A MEMBER OF THE GENERAL PUBLIC WITH EXPERTISE IN RESILIENCY  PLAN-
 NING.
   §  936.  STATE  AGENCY  RESILIENCE  COORDINATORS.  EACH  STATE  AGENCY
 INCLUDED IN THE RESILIENCE TASK FORCE  AND  ANY  OTHER  AGENCIES  TO  BE
 INCLUDED  IN  RESILIENCE  PLANNING AS DESIGNATED BY THE CHIEF RESILIENCE
 OFFICER OR RESILIENCE TASK FORCE SHALL APPOINT A RESILIENCE  COORDINATOR
 TO  WORK WITH THE CHIEF RESILIENCE OFFICER TO ENSURE RESILIENCE IS INTE-
 GRATED INTO AGENCY MISSIONS AND PRIORITIES, AND    OTHERWISE  COORDINATE
 WITH THE CHIEF RESILIENCE OFFICER.  SUCH COORDINATORS SHALL SERVE ON THE
 INTERAGENCY RESILIENCE COORDINATION TEAM ESTABLISHED PURSUANT TO SECTION
 NINE  HUNDRED  THIRTY-SEVEN OF THIS ARTICLE. EACH SUCH COORDINATOR SHALL
 BE APPOINTED BY A STATE AGENCY WITH THE EXCLUSIVE ROLE  OF  FOCUSING  ON
 CLIMATE RESILIENCE WITH SUCH AGENCY'S MISSION AND ACTIVITIES.
   §  937.  INTERAGENCY  RESILIENCE COORDINATION TEAM. 1. THERE IS HEREBY
 ESTABLISHED WITHIN THE OFFICE  AN  INTERAGENCY  RESILIENCE  COORDINATION
 TEAM  TO MAINTAIN AWARENESS, COMMUNICATION, AND ALIGNMENT WITH REGARD TO
 THE STATE'S RESILIENCE AND RISK MITIGATION NEEDS, PROGRESS, AND  PRIORI-
 TIES AND TO OVERSEE DEVELOPMENT OF THE STATEWIDE RESILIENCE PLAN.
   2. SUCH TEAM SHALL:
   (A)  BE  COMPRISED  OF  RESILIENCE COORDINATORS FROM EACH STATE AGENCY
 INCLUDED IN THIS ARTICLE OR OTHERWISE DESIGNATED BY THE CHIEF RESILIENCE
 OFFICER OR RESILIENCE TASK FORCE AND THE CHIEF RESILIENCE  OFFICER,  WHO
 SHALL SERVE AS CHAIR;
   (B)  MEET  UPON THE CALL OF THE CHAIR, WITH A MINIMUM OF FOUR MEETINGS
 ANNUALLY;
   (C) DEVELOP STRATEGIC PLANS FOR AGENCIES AND COLLABORATE IN THE DEVEL-
 OPMENT OF A STATEWIDE RESILIENCE PLAN; AND
   (D) DEVELOP AND IMPLEMENT A PLAN FOR PUBLIC ENGAGEMENT, REVIEW OF  KEY
 PRODUCTS  OF  THE  STATEWIDE  RESILIENCE  PLAN,  AND TRACK AND REPORT ON
 PROGRESS OF SUCH PLAN OVER TIME.
   3. THE CHIEF RESILIENCE OFFICER SHALL CONVENE THE FIRST MEETING OF THE
 INTERAGENCY RESILIENCE COORDINATION TEAM ON OR BEFORE THE NINETIETH  DAY
 AFTER THE EFFECTIVE DATE OF THIS SECTION.
   § 938. PUBLIC ENGAGEMENT AND REPORTING. 1. PUBLIC ENGAGEMENT. A STATE-
 WIDE  RESILIENCE  PLAN  SHALL BE DEVELOPED AND THE RESILIENCE TASK FORCE
 SHALL HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEARINGS  ON  THE  DRAFT
 PLAN,  INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS
 IN THE DOWNSTATE REGION, AND SHALL ALLOW AT  LEAST  ONE  HUNDRED  TWENTY
 DAYS  FOR THE SUBMISSION OF PUBLIC COMMENT. THE TASK FORCE SHALL PROVIDE
 MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FROM  ALL  SEGMENTS  OF  THE
 POPULATION  THAT  WILL BE IMPACTED BY THE PLAN, INCLUDING PERSONS LIVING
 IN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO  SECTION  75-0111
 OF THE ENVIRONMENTAL CONSERVATION LAW.
   2.  REPORTING. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION, AND EVERY FIVE YEARS THEREAFTER, THE OFFICE SHALL COMPLETE  AND
 SUBMIT  AN UPDATED STATEWIDE RESILIENCE PLAN TO THE LEGISLATURE AND MAKE
 SUCH PLAN PUBLICLY AVAILABLE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                 PART GGG
 S. 3008--B                         120
 
   Section  1.    Subdivision  6  of section 27-1405 of the environmental
 conservation law, as amended by section 2 of part A of  chapter  577  of
 the laws of 2004, is amended to read as follows:
   6. "[Citizen] COMMUNITY participation plan" shall mean the description
 of [citizen] COMMUNITY participation activities prepared and carried out
 pursuant to section 27-1417 of this title.
   §  2.  Subdivisions  2  and  9 of section 27-1409 of the environmental
 conservation law, subdivision 2 as amended by section 7 of  part  BB  of
 chapter  56 of the laws of 2015, and subdivision 9 as amended by section
 4 of part A of chapter 577 of the laws of 2004, are amended to  read  as
 follows:
   2.  One requiring: (a) the participant to pay for state costs, includ-
 ing the recovery of state costs incurred before the  effective  date  of
 such  agreement;  provided,  however,  that such costs may be based on a
 reasonable flat-fee for oversight, which  shall  reflect  the  projected
 future state costs incurred in negotiating and overseeing implementation
 of such agreement; [and]
   (b)  with  respect  to a brownfield site which: (I) the department has
 determined constitutes a significant threat  to  the  public  health  or
 environment,  OR  (II)  IS LOCATED ON AND/OR ADJACENT TO A SCHOOL OR DAY
 CARE FACILITY, the department [may] SHALL include a provision  requiring
 the  applicant  to provide a technical assistance grant, as described in
 subdivision four of section 27-1417 of this title and under  the  condi-
 tions  described therein, to an eligible party in accordance with proce-
 dures established under such program, with the  cost  of  such  a  grant
 incurred by a volunteer serving as an offset against such state costs;
   (C)  WITH  RESPECT  TO  ALL  OTHER BROWNFIELD SITES THE DEPARTMENT MAY
 INCLUDE A PROVISION REQUIRING  THE  APPLICANT  TO  PROVIDE  A  TECHNICAL
 ASSISTANCE GRANT, AS DESCRIBED IN SUBDIVISION FOUR OF SECTION 27-1417 OF
 THIS  TITLE  AND  UNDER THE CONDITIONS DESCRIBED THEREIN, TO AN ELIGIBLE
 PARTY IN ACCORDANCE WITH PROCEDURES ESTABLISHED UNDER SUCH PROGRAM, WITH
 THE COST OF SUCH A GRANT INCURRED BY A VOLUNTEER SERVING  AS  AN  OFFSET
 AGAINST SUCH STATE COSTS;
   9.  One  requiring  the  preparation and implementation of a [citizen]
 COMMUNITY participation plan consistent with the  requirements  of  this
 title  as  soon  as possible following execution of the agreement but no
 later than prior to the preparation of a  draft  remedial  investigation
 plan  by  the  applicant  which shall include a description of [citizen]
 COMMUNITY participation activities already performed  by  the  applicant
 and/or the department;
   §  3.  Subparagraph  (vi) of paragraph (i) of subdivision 3 of section
 27-1415 of the environmental conservation law, as amended by  section  7
 of  part  A  of  chapter  577 of the laws of 2004, is amended to read as
 follows:
   (vi) Any written and oral comments submitted by members of the  public
 on  the  applicant's proposed use as part of [citizen] COMMUNITY partic-
 ipation activities performed by the applicant pursuant to this title.
   § 4. Section 27-1417 of the environmental conservation law,  as  added
 by section 1 of part A of chapter 1 of the laws of 2003, paragraphs (b),
 (d),  (e),  (f),  (g),  (h),  (i)  of subdivision 3 and paragraph (a) of
 subdivision 4 as amended by section 8 of part A of chapter  577  of  the
 laws of 2004, is amended to read as follows:
 § 27-1417. [Citizen] COMMUNITY participation.
   1.  [Citizen] COMMUNITY participation handbook. The commissioner shall
 prepare a [citizen] COMMUNITY participation handbook for the purpose  of
 providing  guidance  to  applicants  in the design and implementation of
 S. 3008--B                         121
 
 meaningful [citizen] COMMUNITY participation plans consistent  with  the
 requirements  of this section for the remediation of brownfield sites as
 provided in this title. Such handbook shall encourage [citizen] COMMUNI-
 TY  involvement  by  outlining opportunities and recommended methods for
 effective [citizen] COMMUNITY participation, INCLUDING THE  AVAILABILITY
 OF  TECHNICAL  ASSISTANCE GRANTS. The commissioner shall make such hand-
 book available to all applicants and other  interested  members  of  the
 public  upon  request  and  shall  make it available on the department's
 website.
   2. [Citizen] COMMUNITY participation plans.  (a)  The  design  of  any
 [citizen] COMMUNITY participation plan, including the level of [citizen]
 COMMUNITY  involvement  and  the tools utilized, shall take into account
 the scope and scale of the proposed remedial program, local interest and
 history, and other relevant factors. While retaining flexibility, [citi-
 zen] COMMUNITY participation plans shall embody the following principles
 of meaningful [citizen] COMMUNITY participation:
   (1)  opportunities  for  [citizen]  COMMUNITY  involvement  should  be
 provided  as  early  as possible in the decision making process prior to
 the selection of a preferred course of action by the  department  and/or
 the applicant.
   (2)  activities  proposed  in such plan should be as reflective of the
 diversity of interests and perspective found  within  the  community  as
 possible,  allowing the public the opportunity to have their views heard
 and considered, which may include opportunities for two-way dialogue.
   (3) full, timely, and accessible disclosure and sharing of information
 by the department shall be provided, including the provision of  techni-
 cal data and the assumptions upon which the analyses are based.
   (b)  All  [citizen]  COMMUNITY  participation  plans shall include the
 following minimum elements:
   (1) identification of the  interested  public  and  preparation  of  a
 brownfield site contact list;
   (2)  identification  of  major issues of public concern related to the
 brownfield site;
   (3) a description and  schedule  of  public  participation  activities
 required pursuant to this section; and
   (4)  a description and schedule of any additional public participation
 activities needed to address public concerns.
   3. [Citizen] COMMUNITY participation requirements. (a) In addition  to
 the  formal  milestones listed below, the public may provide comments at
 any time during the remedial program.
   (b) The person submitting a request for participation, in  cooperation
 with  the  department,  shall provide a newspaper notice of the person's
 request to participate in the program. The person, in  cooperation  with
 the department, shall also provide notice thereof to the brownfield site
 contact  list. Such notice shall provide for a thirty day public comment
 period following publication.
   (c) Before the department finalizes the remedial  investigation  work-
 plan,  the  applicant,  in  cooperation with the department, must notify
 individuals on the brownfield  site  contact  list.  Such  notice  shall
 include  a  fact sheet describing such plan and provide for a thirty day
 public comment period.
   (d) Before the department approves a proposed  remedial  investigation
 report, the department, in consultation with the applicant, shall notify
 individuals  on  the  brownfield  site  contact  list. Such notice shall
 include a fact sheet describing such report.
 S. 3008--B                         122
 
   (e) Upon the department's determination of significant threat pursuant
 to section 27-1411 of this title, the department must provide notice  to
 individuals  on  the  brownfield  site  contact  list. Such notice shall
 include a fact sheet describing the basis of the  department's  determi-
 nation.
   (f)  Before  the department finalizes a proposed remedial work plan or
 makes a determination that site conditions meet the requirements of this
 title without the necessity for remediation pursuant to section  27-1411
 of  this title, the department, in consultation with the applicant, must
 notify individuals on the brownfield  site  contact  list.  Such  notice
 shall  include  a  fact  sheet  describing  such  plan and provide for a
 forty-five day public comment period.  The  commissioner  shall  hold  a
 public  meeting  if  requested by the affected community and the commis-
 sioner has found that the site constitutes a significant threat  to  the
 public  health  or  the environment. Further, the affected community may
 request a public meeting at sites that do not constitute  a  significant
 threat.  (1)  To the extent that the department has determined that site
 conditions do not pose a  significant  threat  and  the  site  is  being
 addressed by a volunteer, the notice shall state that the department has
 determined  that  no  remediation is required for the off-site areas and
 that the department's determination of a significant threat  is  subject
 to  this  forty-five  day  comment period. (2) If the remedial work plan
 includes a Track 2, Track 3 or  Track  4  remedy  at  a  non-significant
 threat site, such comment period shall apply both to the approval of the
 alternatives analysis by the department and the proposed remedy selected
 by the applicant.
   (g)  Before  the  applicant  commences  construction at the brownfield
 site, the applicant, in cooperation with the department,  shall  provide
 notice to the individuals on the brownfield site contact list.
   (h)  Before  the  department  approves  a  proposed  final engineering
 report, the department, in consultation with the applicant, must  notify
 individuals on such contact list. Such notice shall include a fact sheet
 describing  the  brownfield site report, including any proposed institu-
 tional or engineering controls.
   (i) Within ten days of the issuance of a certificate of completion  at
 a  site  which  will  utilize institutional or engineering controls, the
 applicant, in cooperation with the department, shall provide  notice  to
 the brownfield site contact list. Such notice shall include a fact sheet
 describing such controls.
   4.  Technical  assistance grants.   (a) Within the limits of appropri-
 ations made available pursuant to paragraph [j] (J) of subdivision three
 of section ninety-seven-b of the state finance law, the commissioner  is
 authorized to provide grants to THE NEW YORK CITY COMMUNITY BOARD, WHICH
 SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION TWENTY-EIGHT HUNDRED
 OF  THE  NEW  YORK  CITY CHARTER, IN WHICH THE SITE IS LOCATED OR TO any
 not-for-profit corporation exempt from taxation under section  501(c)(3)
 of  the  internal  revenue code at any site determined to pose a signif-
 icant threat by the department and which may be affected by a brownfield
 site remedial program. To qualify to receive such assistance, a communi-
 ty group must demonstrate that its membership represents  the  interests
 of the community affected by such site. Furthermore, the commissioner is
 authorized  to  direct  any  applicant  who  is  a responsible party, as
 defined in section 27-1313 of this article, to provide such grants. Such
 grants shall be known as technical assistance grants and may be used  to
 obtain  technical  assistance in interpreting information with regard to
 the nature of the hazard posed by contamination located AT or  emanating
 S. 3008--B                         123
 
 from  a  brownfield site or sites and the development and implementation
 of a brownfield site remedial program or programs. Such grants may  also
 be  used  to hire health and safety experts to advise affected residents
 on  any  health assessments and for the education of interested affected
 community members to enable them to more effectively participate in  the
 remedy  selection  process. Grants awarded under this section may not be
 used for the purposes  of  collecting  field  sampling  data,  political
 activity or lobbying legislative bodies.
   (b)  The amount of any grant awarded under this section may not exceed
 fifty thousand dollars at any one site.
   (c) No  matching  contribution  from  the  grant  recipient  shall  be
 required  for  a  technical assistance grant. Following a grant award, a
 portion of the grant shall be made available to the grant recipient,  in
 advance of the expenditures to be covered by the grant, in five thousand
 dollar installments.
   § 5. This act shall take effect on the first of February next succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 any applications received on or after such date.
 
                                 PART HHH
 
   Section 1. Subdivisions 1 and 2 of section  71-0211  of  the  environ-
 mental  conservation  law, subdivision 1 as amended by chapter 60 of the
 laws of 1993, subdivision 2 as amended by chapter 460  of  the  laws  of
 1991, are amended to read as follows:
   1.  Notwithstanding  any  other provisions of law to the contrary, all
 fines and penalties collected pursuant to title nineteen of  this  arti-
 cle,  except  amounts  required  to  be  paid into the conservation fund
 pursuant to subdivision two of section  71-1929  of  such  title;  title
 twenty-one  of  this article; title twenty-seven of this article, except
 amounts required to be paid  into  the  hazardous  waste  remedial  fund
 pursuant  to subdivision two of section 71-2725 of such title; and title
 forty-one of this article shall be paid into the [general  fund  to  the
 credit of the state purposes account] CONSERVATION FUND TO THE CREDIT OF
 THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
 (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   2. Unless otherwise provided in this chapter, not later than the tenth
 day  of  each  month, all fines, penalties and forfeitures collected for
 violations of this chapter or rules, regulations, local  laws  or  ordi-
 nances  adopted  thereunder under judgment of any town or village court,
 shall be paid over by such court to the comptroller of the state, with a
 statement accompanying the same, setting forth the action or  proceeding
 in  which  such  moneys  were  collected,  the name and residence of the
 defendant, the nature of the offense, and the fines and penalty imposed.
 The comptroller shall pay these funds into  the  [general  fund  of  the
 state]  CONSERVATION  FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT
 ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION  EIGHTY-THREE
 OF THE STATE FINANCE LAW.
   §  2.  Section  83 of the state finance law is amended by adding a new
 subdivision (k) to read as follows:
   (K) ALL MONEYS, REVENUE, AND INTEREST THEREON RECEIVED  AND  COLLECTED
 PURSUANT  TO  TITLES  NINETEEN,  TWENTY-ONE  AND TWENTY-SEVEN OF ARTICLE
 SEVENTY-ONE OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  AND  PURSUANT  TO
 SECTION  71-0211 OF THE ENVIRONMENTAL CONSERVATION LAW, OTHER THAN THOSE
 AMOUNTS PRESCRIBED BY LAW TO BE DIRECTED  INTO  OTHER  FUNDS,  SHALL  BE
 DEPOSITED  IN A SPECIAL ACCOUNT WITHIN THE CONSERVATION FUND TO BE KNOWN
 S. 3008--B                         124
 
 AS THE CONSERVATION ENFORCEMENT ACCOUNT. ALL OF  SUCH  MONEYS,  REVENUES
 AND  INTEREST  SHALL  BE  AVAILABLE  TO  THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, PURSUANT TO APPROPRIATION,  EXCLUSIVELY  FOR  FUNDING  THE
 ENFORCEMENT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING FUNDING FOR
 SCIENTISTS,  ENVIRONMENTAL LAW ENFORCEMENT OFFICERS, ATTORNEYS, ADMINIS-
 TRATIVE SUPPORT, AND SUCH OTHER EXPENSES THE COMMISSIONER  DEEMS  NECES-
 SARY  FOR  SUCH  ENFORCEMENT. SUCH MONEY SHALL BE USED TO SUPPLEMENT AND
 NOT SUPPLANT FUNDING FOR THE ENFORCEMENT OF THE ENVIRONMENTAL  CONSERVA-
 TION  LAW  AS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION. THE DEPARTMENT
 SHALL ANNUALLY SUBMIT TO THE TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE, AND THE
 MINORITY LEADER OF THE ASSEMBLY, FOLLOWING ONE YEAR AFTER THE  EFFECTIVE
 DATE  OF THIS SUBDIVISION, AN ANNUAL EXPENDITURE REPORT OF THE CONSERVA-
 TION FUND.
   § 3. Subdivision 1 of section 71-0213 of the  environmental  conserva-
 tion law, as added by section 1 of part DDD of chapter 59 of the laws of
 2009, is amended to read as follows:
   1.  Whenever  proceedings  result in a conviction for an offense under
 this chapter there shall be levied, in addition to any sentence required
 or permitted by law, the following  mandatory  surcharges:  (a)  in  the
 amount of twenty-five dollars for violations of sportfishing regulations
 set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] ONE
 HUNDRED TWELVE DOLLARS AND FIFTY CENTS for all other offenses under this
 chapter  provided, however, that convictions for offenses under articles
 seventeen, nineteen or twenty-seven of this chapter shall be subject  to
 a mandatory surcharge equal to the greater of [seventy-five dollars] ONE
 HUNDRED  TWELVE  DOLLARS  AND  FIFTY  CENTS or [six] NINE percent of any
 penalty or fine imposed.  The mandatory surcharge shall be paid  to  the
 clerk of the court who shall remit such mandatory surcharge to the state
 comptroller  provided,  however,  that in cases where the conviction was
 rendered by a town or a village justice court, the clerk of  such  court
 shall  pay  twenty-five  dollars  of  such surcharge to the chief fiscal
 officer of the town or village in the case of surcharges resulting  from
 paragraph  (b)  of  this  subdivision  and  ten  dollars  in the case of
 surcharges resulting from paragraph (a) of this  subdivision  and  shall
 pay  the  remaining  amounts  of  such mandatory surcharges to the state
 comptroller in the same manner as provided in section  71-0211  of  this
 article.  The  comptroller shall pay such monies into the state treasury
 to the [credit of the general fund] CONSERVATION FUND TO THE  CREDIT  OF
 THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
 (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   § 4. Section 71-0301 of the environmental conservation law, as amended
 by chapter 400 of the laws of 1973, is amended to read as follows:
 § 71-0301. Summary abatement.
   Notwithstanding  any  inconsistent  provisions  of  law,  whenever the
 commissioner finds, after investigation, that  any  person  is  causing,
 engaging  in  or maintaining a condition or activity which, in [his] THE
 judgment OF THE COMMISSIONER, presents an imminent danger to the  health
 or  welfare  of  the  people  of the state or results in or is likely to
 result in irreversible or irreparable damage to natural  resources,  and
 relates  to  the prevention and abatement powers of the commissioner and
 it therefore appears to be prejudicial to the interests of the people of
 the state to delay action until an opportunity  for  a  hearing  can  be
 provided, the commissioner may, without prior hearing, order such person
 by  notice,  in writing wherever practicable or in such other form as in
 the commissioner's judgment will reasonably  notify  such  person  whose
 S. 3008--B                         125
 
 practices  are intended to be proscribed, to discontinue, abate or alle-
 viate such condition or activity, and thereupon such person shall  imme-
 diately  discontinue,  abate or alleviate such condition or activity. As
 promptly as possible thereafter, not to exceed fifteen days, the commis-
 sioner  shall provide the person an opportunity to be heard and to pres-
 ent  proof  that  such  condition  or  activity  does  not  violate  the
 provisions  of  this  section.    The commissioner shall adopt any other
 appropriate rules  and  regulations  prescribing  the  procedure  to  be
 followed  in the issuance of such orders. Any person who violates any of
 the provisions of, or who fails to perform  any  duty  imposed  by  this
 section, or any rule, regulation or order promulgated by the commission-
 er hereunder, shall be liable to a civil penalty of not more than [twen-
 ty-five  hundred]  THREE  THOUSAND  SEVEN HUNDRED FIFTY dollars for each
 such violation and an additional penalty of not more than  [five]  SEVEN
 hundred  FIFTY  dollars for each day during which such violation contin-
 ues, and, in addition thereto, such person may be enjoined from continu-
 ing such violation. Penalties  and  injunctive  relief  provided  herein
 shall be recoverable in an action brought by the attorney general at the
 request and in the name of the commissioner.
   §  5.  Subdivisions  3  and  4 of section 71-0507 of the environmental
 conservation law, subdivision 3 as amended by chapter 400 of the laws of
 1973, are amended to read as follows:
   3. Moneys received by a town justice  or  a  village  justice  in  any
 action for a penalty brought under the provisions of this chapter listed
 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
 the  settlement  or compromise thereof, or a fine for a violation of the
 provisions of this chapter  listed  in  section  71-0501  and  titles  5
 through  15  inclusive and title 33 of this article shall be paid to the
 State Comptroller as provided in section 27 of the Town Law and  section
 4-410  of  the village law. From the moneys so received, the State Comp-
 troller shall pay all lawful fees for services rendered in such  actions
 when  instituted  by  order  of  the department or upon information of a
 conservation officer, regional and assistant regional conservation offi-
 cer, special game protector, district ranger, forest ranger,  or  member
 of  the  state police. The balance of such moneys arising from penalties
 under [articles] ARTICLE 11 or 13 [or title 9] of this [article] CHAPTER
 or  upon  the  settlement  or  compromise  thereof  or  from  fines  for
 violations  of  any of the provisions of [articles] ARTICLE 11 or 13 [or
 title 9] of this [article] CHAPTER after  the  payment  of  lawful  fees
 shall be credited by the Comptroller to the conservation fund. The Comp-
 troller  shall  adjust and settle [his] THEIR account with the conserva-
 tion fund in the manner provided by section 99-a of  the  State  Finance
 Law.  The  balance of all other such moneys after payment of lawful fees
 shall be credited by the Comptroller to the [general fund]  CONSERVATION
 FUND  TO  THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED
 PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
 LAW.
   4. All moneys received by any other person or court in an action for a
 penalty brought under the provisions of this chapter listed  in  section
 71-0501  and  titles 5 through 15 inclusive and title 33 of this article
 or upon the settlement or compromise thereof, or a fine for a  violation
 of the provisions of this chapter listed in section 71-0501 and titles 5
 through 15 inclusive and title 33 of this article, shall be paid by such
 person or court to the department within thirty days after receipt ther-
 eof.  The department shall pay the expenses of collection and the lawful
 fees of magistrates and constables for services  performed  in  criminal
 S. 3008--B                         126
 
 actions brought upon information of a conservation officer, regional and
 assistant   regional   conservation  officer,  special  game  protector,
 district ranger, forest ranger, or member  of  the  state  police.  Such
 moneys  derived  from  fines  or  penalties for violations of [articles]
 ARTICLE 11 or 13 [or title 9] of this  [article]  CHAPTER  or  from  the
 settlement  or compromise thereof shall be paid by the department to the
 Commissioner of Taxation and Finance and credited  to  the  conservation
 fund.  All  other  moneys so received by the department shall be paid to
 the Commissioner of Taxation and Finance and credited  to  the  [general
 fund]  CONSERVATION  FUND  TO THE CREDIT OF THE CONSERVATION ENFORCEMENT
 ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION  EIGHTY-THREE
 OF THE STATE FINANCE LAW.
   § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
 mental  conservation  law, subdivisions 1, 2 and 6 as amended by chapter
 602 of the laws of 2003, subdivision 9 as added by chapter  267  of  the
 laws  of  2012 and subdivision 10 as added by chapter 330 of the laws of
 2014, are amended to read as follows:
   1. Except as otherwise provided in subdivision 4, 5, 6 or  7  of  this
 section,  any  person  who  violates  any  provision of article 9 or the
 rules, regulations or orders promulgated pursuant thereto or  the  terms
 of  any  permit  issued  thereunder,  or  who  fails to perform any duty
 imposed by any provision thereof shall be guilty of  a  violation,  and,
 upon  conviction,  shall  be  punished  by  a fine of not more than [two
 hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars,  or  by  imprisonment
 for  not  more than fifteen days, or by both such fine and imprisonment,
 and in addition thereto shall be liable to a civil penalty of  not  less
 than ten nor more than one hundred FIFTY dollars.
   2.  The  violation  of any of the provisions of the following sections
 shall subject the person guilty thereof to the following civil penalties
 in addition to  the  liability  prescribed  in  subdivision  1  of  this
 section:
   a. Section 9-1113 of this chapter, [two] THREE dollars per tree;
   b.  Subdivision  3  of  section  9-1105 of this chapter, [twenty-five]
 THIRTY-SEVEN dollars AND FIFTY CENTS per day;
   c. Subdivision 4 of section 9-1105 of this chapter, and subdivision  1
 of  section  9-1117  of this chapter, [ten] FIFTEEN dollars per mile per
 day;
   d. Section 9-1115 of this chapter, [ten] FIFTEEN dollars per mile;
   e. Subdivision 2 of section 9-1117 of this chapter, one hundred  FIFTY
 dollars per each offense; and
   f.  Section  9-1119 of this chapter, one hundred FIFTY dollars per day
 per locomotive.
   With respect to the penalty for violation of subdivision 4 of  section
 9-1105  of  this  chapter,  the  owner  and every person engaged in such
 cutting shall be liable therefor; however,  the  liability  for  penalty
 shall  not  arise  until  the  expiration  of twenty days after service,
 personally or by mail upon the alleged  violator  at  [his]  THEIR  last
 known  place  of residence of a written notice of failure to comply with
 the requirements of subdivision 4 of section 9-1105 of this chapter.
   6. (a) In addition to any other penalty provided by  law,  any  person
 who  violates  subdivision  1 of section 9-0303 of this chapter shall be
 liable to a civil penalty of [two hundred fifty] THREE HUNDRED  SEVENTY-
 FIVE  dollars per tree or treble damages, based on the stumpage value of
 such tree or both. Where the order or decision finds that the  defendant
 established  by  clear and convincing evidence, that when such defendant
 committed the violation, [he or she] THEY had cause to believe that  the
 S. 3008--B                         127
 
 land  was [his or her] THEIR own, or that [he or she] SUCH DEFENDANT had
 an easement or right of  way  across  such  land  which  permitted  such
 action,  damages  shall be awarded on the basis of the stumpage value of
 such  tree  or  trees  in  the  market  as if they were privately owned.
 Notwithstanding the foregoing, this section shall not  be  construed  to
 authorize  the  cutting  of timber or removal of trees where such action
 would otherwise be violative of any provision of the state  constitution
 or law.
   (b)  In  addition  to  any other penalty provided by law, a person who
 violates section 9-1501 of this chapter shall  be  liable  for  a  civil
 penalty  of  [two  hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars per
 tree or treble damages or both, based on the stumpage value of such tree
 or trees. Where the order or decision finds that  the  defendant  estab-
 lished  by  clear  and  convincing  evidence,  that  when such defendant
 committed the violation, [he or she] THEY had cause to believe that  the
 land  was  [his or her] THEIR own or that [he or she] SUCH DEFENDANT had
 an easement or right of  way  across  such  land  which  permitted  such
 action,  damages  shall be awarded on the basis of the stumpage value of
 such tree or trees. Notwithstanding the foregoing,  this  section  shall
 not  be construed to authorize the cutting of timber or removal of trees
 where such action would otherwise be violative of any provision  of  the
 state constitution or law.
   (c)  For purposes of this subdivision, "stumpage value" shall mean the
 current fair market value of a tree as it stands prior to  the  time  of
 sale,  cutting, or removal. Stumpage value shall be determined by one or
 more of the following methods: the sale price of the tree in  an  arm's-
 length  sale,  a  review  of  solicited  bids, the stumpage price report
 prepared by the department  of  environmental  conservation,  comparison
 with like sales on trees on state or private lands, or other appropriate
 means  to  assure  that  a  fair  market  value is established within an
 acceptable range based on the appropriate geographic area.
   9. a. Any person who transports, sells, imports or introduces invasive
 species, in violation of the regulations promulgated pursuant to section
 9-1709 of this chapter shall be subject to the following:
   For any first violation in lieu of a penalty there  may  be  issued  a
 written warning by the department and there may also be issued education
 materials  at  the  discretion  of the department regarding requirements
 related to invasive species. Such person shall, however, for any  subse-
 quent  violation  thereafter  be  subject to a fine of no less than [two
 hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars.
   b. Any nursery grower licensed pursuant to  article  fourteen  of  the
 agriculture  and  markets  law, any person who owns or operates a public
 vessel as such term is defined in paragraph (a) of  subdivision  six  of
 section  two of the navigation law, or any person who owns or operates a
 commercial fishing vessel who transports, sells, imports  or  introduces
 invasive species in violation of the regulations promulgated pursuant to
 section  9-1709  of this chapter, shall be subject to a fine of not less
 than [six] NINE hundred dollars upon the first penalty. Upon the  second
 penalty  such  person  shall be subject to a fine of not less than [two]
 THREE thousand dollars. Upon a subsequent penalty and after a hearing or
 opportunity to be heard upon due  notice  the  following  penalties  may
 apply:  (i)  such nursery grower may be subject to the revocation proce-
 dures of section  one  hundred  sixty-three-c  of  the  agriculture  and
 markets  law  (ii) such person's vessel registration may be suspended or
 (iii) such person's fishing permit may be revoked by the department.
 S. 3008--B                         128
 
   10. Any person who violates section 9-1710 of this  chapter  shall  be
 guilty  of  a  violation  and  shall be punishable and liable to a civil
 penalty as provided in subdivision one of this section, provided, howev-
 er, that for any first violation in lieu of a  penalty  there  shall  be
 issued  a  written  warning  by  the  department and there shall also be
 issued education materials at the discretion of the department regarding
 requirements related to invasive species. Such person shall  be  subject
 to a fine of up to [one hundred fifty]  TWO HUNDRED SEVENTY-FIVE dollars
 for  a  second offense, up to [two hundred fifty] THREE HUNDRED SEVENTY-
 FIVE dollars for a third offense, and no less than [two  hundred  fifty]
 THREE  HUNDRED  SEVENTY-FIVE  dollars  nor more than [one thousand] FIVE
 HUNDRED dollars for a fourth or subsequent offense.
   § 7. Section 71-0707 of the environmental conservation law is  amended
 to read as follows:
 § 71-0707. Resisting or obstructing departmental agent or employee.
   Any person who resists or obstructs an authorized agent or employee of
 the  department while [he] SUCH AGENT OR EMPLOYEE is engaged in carrying
 out any provision of section 9-0305 shall be guilty of a violation which
 shall be punishable by a fine not exceeding one  hundred  FIFTY  dollars
 and  by an additional fine [of] not exceeding [twenty-five] THIRTY-SEVEN
 dollars AND FIFTY CENTS for each additional day of  such  resistance  or
 obstruction.
   § 8. Section 71-0709 of the environmental conservation law, as amended
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-0709. Injury to state lands.
   Any  person who intentionally or negligently causes a fire which burns
 on or over state lands shall be liable to the state for  treble  damages
 and,  in addition, to a civil penalty of [ten] FIFTEEN dollars for every
 tree killed or destroyed by such fire. Damages to state lands and timber
 shall be ascertained and determined at the same rate of value as if such
 property were privately owned.
   § 9. Section 71-0711 of the environmental conservation law, as amended
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-0711. Injury to municipal or private lands.
   Any person who causes a fire which burns on or over lands belonging to
 another person or to a municipality shall be liable to the party injured
 (a) for actual damages in case of fire negligently caused or (b) for the
 higher of actual damages or damages at the rate of [five] SEVEN  dollars
 AND  FIFTY  CENTS  for  each  tree  killed  or destroyed in case of fire
 wilfully caused.
   § 10. Section 71-0921 of the environmental conservation law, as  added
 by  chapter 640 of the laws of 1977, subdivision 1 as amended by chapter
 408 of the laws of 2017, subdivision 2 as amended by chapter 468 of  the
 laws  of  2011,  subdivision  3 as amended by chapter 270 of the laws of
 1997, subdivisions 4 and 5 as added by chapter 417 of the laws of  1996,
 subparagraph  9  of  paragraph  a of subdivision 4 and subparagraph 5 of
 paragraph a of subdivision 5 as amended by chapter 41  of  the  laws  of
 2013,  subparagraphs  2 and 3 of paragraph b of subdivision 4 as amended
 by chapter 347 of the laws of 2007, subdivisions 6 and 7 as  amended  by
 chapter  416 of the laws of 1989, subdivision 8 as amended by section 19
 of part R of chapter 58 of the laws of 2013, subdivision 10 as added  by
 chapter 31 of the laws of 1980, subdivision 10-a as added by chapter 762
 of  the laws of 2023, subdivision 11 as added by chapter 168 of the laws
 of 1989, subdivision 12 as added by chapter 143 of  the  laws  of  1992,
 subdivision  13 as added by chapter 208 of the laws of 1999, subdivision
 S. 3008--B                         129
 
 14 as added by chapter 532 of the laws of 2019, is amended  to  read  as
 follows:
 § 71-0921. Misdemeanors.
   The  following  acts  are misdemeanors, punishable as herein provided,
 when they are done in violation of the section  or  subdivision  thereof
 specified, or if no section is specified, in violation of any section of
 the Fish and Wildlife Law:
   1.  (a)  The  illegal taking of big game prior to the first day of the
 open season or after the last day of the open season in  the  county  or
 part thereof where taken, or the taking of big game with aid of an arti-
 ficial  light.  Each  such misdemeanor for a violation of this paragraph
 shall be punishable by imprisonment for not more than one year or  by  a
 fine  of  not  less  than [five hundred] SEVEN HUNDRED FIFTY dollars nor
 more than [three thousand] FOUR THOUSAND FIVE  HUNDRED  dollars,  or  by
 both such imprisonment and fine.
   (b)  Any  illegal  taking  of a deer, other than a taking described in
 paragraph (a) of this subdivision, such misdemeanor shall be  punishable
 by imprisonment for not more than one year or by a fine of not less than
 [two  hundred  fifty]  THREE  HUNDRED SEVENTY-FIVE dollars nor more than
 [two] THREE thousand dollars, or by both such imprisonment and fine.
   2. The illegal taking of a bear less than one year old or  the  taking
 of  a  bear  by  a  means  or method not permitted by this chapter. Such
 misdemeanor shall be punishable by imprisonment for not  more  than  one
 year  or  by a fine of not more than [two] THREE thousand dollars, or by
 both such imprisonment and fine. The sale of  bear  gallbladder/bile  in
 violation  of paragraph b of subdivision nine of section 11-0917 of this
 chapter shall be punishable by a fine of [five thousand] SEVEN  THOUSAND
 FIVE HUNDRED dollars per violation.
   3.  Possession, use or discharge of a firearm in violation of subdivi-
 sion 1, 2, 4, 5, or 6 of section 11-0931  of  this  chapter.  Each  such
 misdemeanor  shall be punishable by imprisonment for not more than three
 months or by a fine of not less than [two]  THREE  hundred  dollars  nor
 more  than  one thousand FIVE HUNDRED dollars, or by both such imprison-
 ment and fine.
   4. a. Violations of:
   (1) subdivision one of section 13-0309 of this chapter  involving  the
 taking of shellfish from uncertified shellfish lands, or the possession,
 transportation, sale or trafficking in shellfish so taken;
   (2)  subdivision  two of section 13-0309 of this chapter involving the
 taking of shellfish between sunset and sunrise;
   (3) subdivision ten of section 13-0309 of this chapter  involving  the
 possession  of  a  stick  dredge  after  one prior conviction under such
 subdivision for such activity;
   (4) subdivision one of section 13-0311 of this chapter  involving  the
 taking of shellfish without the required digger's permit;
   (5) subdivision seven of section 13-0311 of this chapter involving the
 taking of shellfish while one's digger's permit is suspended or revoked;
   (6)  subdivision  one of section 13-0315 of this chapter involving the
 processing, transportation, shipment or sale of  shellfish  without  the
 required shipper's or processor's permit;
   (7)  regulations  promulgated  by  the  department pursuant to section
 13-0319 of this chapter involving the failure to tag or  seal  shellfish
 or  the  falsifying  of  any  information  required  on  any tag or seal
 required by said regulations;
 S. 3008--B                         130
 
   (8) subdivision five of section 13-0325 of this chapter, regarding the
 taking of undersized clams, where the taking involves more than  twenty-
 four percentum of clams of less than legal size;
   (9)  regulations  promulgated  by  the  department pursuant to section
 13-0327 of this chapter, regarding the taking  of  undersized  scallops,
 where the taking involves more than twenty-four percentum of scallops of
 less than legal size; and
   (10)  section 13-0344 of this chapter involving the dumping of objects
 into the water after being signaled by a police officer or peace officer
 to stop for inspection.
   b. Each such misdemeanor identified in paragraph a of this subdivision
 shall be punishable as follows:
   (1) For a first conviction for any of the violations listed  in  para-
 graph  a  of  this  subdivision, by imprisonment for not more than sixty
 days, a fine of not less than [two hundred fifty] THREE  HUNDRED  SEVEN-
 TY-FIVE dollars nor more than one thousand FIVE HUNDRED dollars plus, if
 applicable,  an  amount  equal  to  the  market  value  of the shellfish
 involved in the violation, or by both such imprisonment and fine.
   (2) For a second conviction for any of the violations listed in  para-
 graph  a  of  this subdivision, by imprisonment for not more than ninety
 days, a fine of not less than [five hundred] SEVEN HUNDRED FIFTY dollars
 nor more than [twenty-five hundred] THREE THOUSAND SEVEN  HUNDRED  FIFTY
 dollars  plus,  if applicable, an amount equal to three times the market
 value of the shellfish involved in the violation, or by both such impri-
 sonment and fine.
   (3) For a third or subsequent conviction for  any  of  the  violations
 listed  in paragraph a of this subdivision, by imprisonment for not more
 than one hundred eighty days, a fine of not less than one thousand  FIVE
 HUNDRED  dollars  nor  more than [ten] FIFTEEN thousand dollars plus, if
 applicable, an amount equal to three  times  the  market  value  of  the
 shellfish  involved  in  the violation, or by both such imprisonment and
 fine.
   (4) Provided, further, that  all  equipment  or  conveyances  used  to
 harvest, transport or traffic in such illegal shellfish may be forfeited
 for any third or subsequent conviction of the above violations, in addi-
 tion  to  such  penalties  or  imprisonment. Such forfeiture shall be in
 addition to any forfeiture authorized by section 71-0909 of  this  arti-
 cle.
   5. a. Violations of:
   (1) subdivision three of section 13-0309 of this chapter involving the
 illegal use of dredges, scrapes or other devices operated by power or by
 boats  propelled  by  motor or other mechanical means for the purpose of
 taking shellfish;
   (2) subdivision eight of section 13-0309 of this chapter involving the
 operation, use or placing, for  whatever  purpose,  of  dredges,  rakes,
 tongs  or  other  devices  for  the  taking  of shellfish in uncertified
 shellfish lands after a prior conviction under such subdivision for such
 activity;
   (3) subdivision nine of section 13-0309 of this chapter involving  the
 altering,  damaging,  mutilating,  moving  or  carrying away of buoys or
 markers used to designate the uncertified waters of the state;
   (4) subdivision five of section 13-0325 of this chapter regarding  the
 taking  of  undersized  clams, where the taking involves between ten and
 twenty-four percentum of clams of less than legal size; and
   (5) regulations promulgated by  the  department  pursuant  to  section
 13-0327  of  this  chapter, regarding the taking of undersized scallops,
 S. 3008--B                         131
 
 where the taking involves between ten and twenty-four percentum of scal-
 lops of less than legal size.
   b. Each such misdemeanor identified in paragraph a of this subdivision
 shall be punishable as follows:
   (1)  For  a  first conviction of any of the violations listed in para-
 graph a of this subdivision, by imprisonment for not  more  than  thirty
 days,  a  fine of not less than [two hundred fifty] THREE HUNDRED SEVEN-
 TY-FIVE dollars nor more than [five hundred] SEVEN HUNDRED FIFTY dollars
 plus, if applicable, an amount equal to the market value of the  shellf-
 ish involved in the violation, or by both such imprisonment and fine.
   (2)  For a second conviction for any of the violations listed in para-
 graph a of this subdivision, by imprisonment not to exceed sixty days, a
 fine of not less than [five hundred] SEVEN  HUNDRED  FIFTY  dollars  nor
 more  than  one  thousand  FIVE  HUNDRED dollars plus, if applicable, an
 amount equal to the market  value  of  the  shellfish  involved  in  the
 violation, or by both such imprisonment and fine.
   (3)  For  a  third  or subsequent conviction for any of the violations
 listed in paragraph a of this subdivision, by imprisonment for not  more
 than  one hundred eighty days, a fine of not less than one thousand FIVE
 HUNDRED dollars nor  more  than  [five  thousand]  SEVEN  THOUSAND  FIVE
 HUNDRED dollars plus, if applicable, an amount equal to the market value
 of the shellfish involved in the violation, or by both such imprisonment
 and fine.
   6.  Violations  of paragraph b of subdivision 3 or subdivision 5 or 12
 of section 13-0329 of this  chapter.  Each  such  misdemeanor  shall  be
 punishable  by  imprisonment  for not more than one year or by a fine of
 not less than [five hundred] SEVEN HUNDRED FIFTY dollars nor  more  than
 [two] THREE thousand dollars, or by both such imprisonment and fine.
   7.  Violations of subdivision 7 or 11 of section 13-0329 of this chap-
 ter.  Each such misdemeanor shall be punishable by imprisonment for  not
 more than ninety days or by a fine of not less than [five hundred] SEVEN
 HUNDRED  FIFTY  dollars nor more than one thousand FIVE HUNDRED dollars,
 or by both such imprisonment and fine.
   8. Making a false statement in applying for a  license,  privilege  or
 permit  under the Fish and Wildlife Law, or for a certificate in lieu of
 a lost license or privilege or a duplicate  hunting  license  tag  under
 title  7  of  article 11 of this chapter. Each such misdemeanor shall be
 punishable by imprisonment for not more than three months, or by a  fine
 of  not more than [two] THREE hundred dollars, or by both such imprison-
 ment and fine. In addition, the department may  immediately  revoke  the
 license, privilege, permit or certificate for which application was made
 for the remainder of its effective term.
   9.  Failure  to  give  the department the prompt notification required
 under [subdivision 10 of] REGULATIONS PROMULGATED  PURSUANT  TO  section
 13-0301  of  this  chapter,  when  the  specified  buoys  or markers are
 destroyed. Each such misdemeanor shall be punishable by imprisonment for
 not more than one year or by a fine of not more than one  thousand  FIVE
 HUNDRED dollars, or by both such imprisonment and fine.
   10. Violation of subdivision 10 of section 11-0901 involving the ille-
 gal  taking  of  a  moose.  Each such misdemeanor shall be punishable by
 imprisonment for not more than one year or by a fine of  not  more  than
 [two] THREE thousand dollars, or by both such imprisonment and fine.
   10-a.  Violations  of  subdivision fourteen of section 11-0901 of this
 chapter  involving  unlawful  contests,  competitions,  tournaments  and
 derbys  to  take  wildlife. Each such violation shall be punishable by a
 S. 3008--B                         132
 
 fine of not less than [five hundred] SEVEN  HUNDRED  FIFTY  dollars  nor
 more than [two] THREE thousand dollars.
   11.  Any person who violates the provisions of section 11-0537 of this
 chapter, in the case of a first violation, shall be guilty of a class  B
 misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
 not to exceed [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars or  by
 imprisonment  not  to  exceed ninety days, or both; provided that in the
 case of a second or subsequent violation such person shall be guilty  of
 a class A misdemeanor and, upon conviction thereof, shall be punished by
 a  fine not to exceed [ten] FIFTEEN thousand dollars or imprisonment not
 to exceed one year, or both; provided, further, that the  commission  of
 each  taking  or other act prohibited by section 11-0537 of this chapter
 with respect to a bald or  golden  eagle  shall  constitute  a  separate
 violation  of this section; provided, further, that one-half of any such
 fine, but not to exceed [two thousand five hundred] THREE THOUSAND SEVEN
 HUNDRED FIFTY dollars, shall be paid to the  person  or  persons  giving
 information which leads to conviction.
   12.  Any violation of section 13-0344 of this chapter is punishable by
 imprisonment for not more than thirty days, or by a  fine  of  not  less
 than  [two  hundred  fifty]  THREE HUNDRED SEVENTY-FIVE dollars nor more
 than one thousand FIVE HUNDRED dollars, or by both such fine and  impri-
 sonment.
   13.  Violations  of  subdivision one or two of section 11-1904 of this
 chapter. Each such misdemeanor shall be punishable by a fine of not more
 than [two thousand five hundred]  THREE  THOUSAND  SEVEN  HUNDRED  FIFTY
 dollars,  or by imprisonment for not more than one year, or by both such
 fine and imprisonment; except that where the person convicted of violat-
 ing such subdivision has gained money or property through the commission
 of the violation, in lieu of the [two thousand five hundred] THREE THOU-
 SAND SEVEN HUNDRED FIFTY dollar maximum fine provided  for  herein,  the
 court may impose a fine in accordance with the provisions of subdivision
 five of section 80.05 of the penal law.
   14.  Violation  of  subparagraph  one,  two  or four of paragraph b of
 subdivision one of section 11-0719 of this chapter involving the revoca-
 tion and suspension of hunting, trapping, or  fishing  licenses.    Each
 such  misdemeanor  shall be punishable by imprisonment for not more than
 ninety days, or by a fine of not less than [five hundred] SEVEN  HUNDRED
 FIFTY  dollars  nor  more  than one thousand FIVE HUNDRED dollars, or by
 both such imprisonment and fine.
   § 11. Section 71-0923 of the environmental conservation law, as  added
 by  chapter 640 of the laws of 1977, subdivision 1 as amended and subdi-
 vision 6 as added by chapter 417 of the laws of 1996, subdivision  3  as
 amended  by  section  53  of  part  F of chapter 82 of the laws of 2002,
 subdivision 5 as added by chapter 896 of the laws of 1980, subdivision 8
 as amended by chapter 284 of the laws of 2004, subdivision 9 as added by
 chapter 881 of the laws of 1986 and as renumbered by chapter 586 of  the
 laws  of  1991,  subdivision  10  as added by chapter 586 of the laws of
 1991, subdivision 11 as added by chapter 381 of the laws of 1997, subdi-
 vision 12 as added by chapter 653 of the laws of  2005,  is  amended  to
 read as follows:
 § 71-0923. Violations.
   1.  Any  offense  specified in section 71-0919 of this article, unless
 made a misdemeanor  by  section  71-0921  of  this  article  or  another
 provision  of  such chapter, shall be a violation, punishable, except as
 otherwise provided in this section, by imprisonment for  not  more  than
 S. 3008--B                         133
 
 fifteen  days,  or  by a fine of not more than [two hundred fifty] THREE
 HUNDRED SEVENTY-FIVE dollars, or by both such fine and imprisonment.
   2.  A  violation  of  subdivision 1 of section 11-0705 of this chapter
 shall be punishable as follows:
   a. As provided in subdivision 1 of  this  section,  if  the  violation
 consisted  of  a  refusal to exhibit a license on demand of any environ-
 mental conservation officer or other person;
   b. By forfeiture of the license and by a fine of not more than  [twen-
 ty-five  dollars]  THIRTY-SEVEN DOLLARS AND FIFTY CENTS if the violation
 was committed while exercising the privileges of  a  special  antlerless
 deer  license  and consisted of failure of the offender to have on [his]
 THEIR person a license held by [him] SUCH PERSON  entitling  [him]  SUCH
 PERSON to exercise those privileges.
   3.  A  violation  of  subdivision 2 of section 11-0705 of this chapter
 shall be punishable by forfeiture of licenses and tags  issued  pursuant
 to  this  chapter  which authorizes the holder to hunt wildlife and by a
 fine of not more than [twenty-five  dollars]  THIRTY-SEVEN  DOLLARS  AND
 FIFTY CENTS.
   4.  When  a  license  or  license tag is forfeited as provided in this
 section, the licensee shall surrender it to any environmental  conserva-
 tion  officer,  special game protector or any other person authorized by
 the department to receive it.  Such  forfeiture  does  not  prevent  the
 procurement of another license.
   5.  A  violation of subdivision one of section 11-0923 OF THIS CHAPTER
 is punishable by imprisonment for not more than ten days, or by  a  fine
 of  not  less than [two] THREE hundred dollars, or by both such fine and
 imprisonment.
   6. A first conviction for a violation of subdivision eight of  section
 13-0309  of  this  chapter,  involving  devices  for taking shellfish in
 uncertified lands, or a violation of subdivision ten of section  13-0309
 of  this  chapter,  involving  possession  of  a  stick dredge, shall be
 punishable as a violation under this section.
   8. Any violation  of  sections  13-0329,  13-0330,  13-0331,  13-0333,
 13-0334,  13-0335, subdivision one of section 13-0337, 13-0338, 13-0339,
 13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,  13-0341,  13-0342,
 13-0343,  13-0347,  and  13-0349  of  this chapter, or of any regulation
 adopted pursuant to the  foregoing  sections,  shall  be  punishable  by
 imprisonment  of  not more than fifteen days or by a fine of the greater
 of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars or:
   a. for violations involving one to five fish, shellfish  or  crustace-
 ans, [twenty-five dollars] THIRTY-SEVEN DOLLARS AND FIFTY CENTS for each
 fish,  shellfish  or  crustacean  taken or possessed in violation of the
 above sections;
   b. for violations involving six  to  twenty-five  fish,  shellfish  or
 crustaceans,  [fifty]  SEVENTY-FIVE  dollars for each fish, shellfish or
 crustacean taken or possessed in violation of the above sections;
   c. for violations involving more than twenty-five fish,  shellfish  or
 crustaceans, one hundred FIFTY dollars for each fish, shellfish or crus-
 tacean taken or possessed in violation of the above sections; or by both
 such fine and imprisonment.
   For  purposes  of  determining  the  applicable  fine pursuant to this
 subdivision, the number of fish, crustaceans or shellfish shall  be  the
 aggregate number involved in the violation, regardless of species.
   9.  A  violation  of  section 11-0110 of this chapter is punishable by
 imprisonment for not more than ten days, or by a fine of not  more  than
 S. 3008--B                         134
 
 [two  hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by both such
 fine and imprisonment.
   10. A violation of subdivision twelve of section 11-1101 of this chap-
 ter  is  punishable  by  imprisonment of not more than ten days, or by a
 fine of not more than one hundred FIFTY dollars, or by  both  such  fine
 and imprisonment.
   11.  A violation of subdivision eight of section 11-0505 of this chap-
 ter shall be punishable by a fine of not more than [fifty]  SEVENTY-FIVE
 dollars.
   12. A violation of section 11-1906 of this chapter shall be punishable
 by  a  fine  of not more than [two thousand five hundred] THREE THOUSAND
 SEVEN HUNDRED FIFTY dollars.
   § 12. Subdivisions 1 and 2 of section  71-0924  of  the  environmental
 conservation  law,  as  amended  by chapter 326 of the laws of 2014, are
 amended to read as follows:
   1. where the value of fish, shellfish, crustaceans, wildlife, or parts
 thereof, is two hundred fifty dollars or less, the offense  shall  be  a
 violation  punishable  by  a  fine of [five hundred] SEVEN HUNDRED FIFTY
 dollars and/or not more than fifteen days of imprisonment;
   2. where the value of fish, shellfish, crustaceans, wildlife, or parts
 thereof, is more than two hundred fifty dollars but does not exceed  one
 thousand  five  hundred  dollars,  the  offense  shall  be a misdemeanor
 punishable by a fine of [five  thousand]  SEVEN  THOUSAND  FIVE  HUNDRED
 dollars and/or not more than one year of imprisonment;
   §  13. Section 71-0925 of the environmental conservation law, subdivi-
 sions 1 and 2 as amended by chapter 98 of the laws of 1996,  subdivision
 3  as  amended  by  chapter  408  of  the laws of 2017, subdivision 6 as
 amended by chapter 570 of the laws of 1994, subdivisions 7  and  7-a  as
 amended and subdivisions 7-b and 7-c as renumbered by chapter 284 of the
 laws  of  2004,  subdivision  7-b as added by chapter 441 of the laws of
 1977, subdivision 7-c as added by chapter 60 of the laws of 1997, subdi-
 vision 13 as amended by chapter 352 of the laws of 2021, subdivision  14
 as  added by chapter 113 of the laws of 1985, subdivision 15 as added by
 chapter 417 of the laws of 2013, subdivision 16 as added by chapter  326
 of  the laws of 2014, subdivision 17 as added by chapter 651 of the laws
 of 2019, is amended to read as follows:
 § 71-0925. Civil penalties.
   The penalties referred to in section 71-0919 OF THIS TITLE, to which a
 person is liable upon violation of provisions of the Fish  and  Wildlife
 Law or any order, rule or regulation of the department, shall be:
   1.  Unless another penalty is specifically provided for in this subdi-
 vision or elsewhere in the Fish and Wildlife Law,  [two]  THREE  hundred
 dollars  and an additional penalty of one hundred FIFTY dollars for each
 fish, bird or animal or part thereof, other than shellfish or crustacea,
 involved in the violation; an additional penalty of  one  hundred  FIFTY
 dollars  for  each  bushel  of  shellfish  or each crustacean, including
 lobster, or part thereof, plus an amount equal to the  market  value  or
 actual  price  paid, whichever is greater, of the shellfish or crustacea
 involved in the violation;
   2. Except as provided in subdivision 3  OF  THIS  SECTION  or  another
 provision  of  the  Fish  and  Wildlife Law, if the violation relates to
 deer, bear, elk, except captive  bred  and  raised  North  American  elk
 (Cervus  elaphus),  moose, caribou, antelope, wild turkey, lynx, beaver,
 or a part thereof, [two] THREE hundred dollars, and an additional penal-
 ty of two hundred dollars for each such animal or part thereof  involved
 in the violation;
 S. 3008--B                         135
 
   3. (a) If the violation involves the illegal taking of a deer prior to
 the  first  day  of  the  open  season or after the last day of the open
 season in the county or part of a county in which taken, or  the  taking
 of  deer  with  aid  of  an artificial light, not less than five hundred
 dollars  and not more than one thousand dollars for the first deer taken
 and a further penalty of not less than [five hundred]  dollars  and  not
 more  than  one  thousand  FIVE HUNDRED dollars for each succeeding deer
 taken; provided, however, that any person having been held liable for  a
 violation  pursuant  to this paragraph in the preceding five years shall
 be subject to a fine of not less than [seven hundred fifty] ONE THOUSAND
 ONE HUNDRED TWENTY-FIVE dollars and not more than [two]  THREE  thousand
 dollars  for the first deer taken and a further penalty of not less than
 [seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE  dollars  and
 not  more  than  [two]  THREE  thousand dollars for each succeeding deer
 taken;
   (b) If the violation involves any illegal taking of a wild deer, other
 than a taking described in paragraph  (a)  of  this  subdivision,  [five
 hundred]  SEVEN  HUNDRED  FIFTY  dollars  for the first deer taken and a
 further penalty of [five hundred] SEVEN HUNDRED FIFTY dollars  for  each
 succeeding deer taken;
   4.  If  the violation was an act prohibited by section 11-1321 OF THIS
 CHAPTER or by subdivision 2 of section 11-0503 OF THIS  CHAPTER,  or  by
 subdivision  2 of section 11-0505 OF THIS CHAPTER, or section 13-0345 OF
 THIS CHAPTER, [five hundred] SEVEN HUNDRED FIFTY dollars, and  an  addi-
 tional  penalty  of [ten] FIFTEEN dollars for each fish taken, killed or
 possessed in violation thereof;
   5. If the violation was any act prohibited by subdivision 1 of section
 11-0503 OF THIS CHAPTER, not less  than  [five  hundred]  SEVEN  HUNDRED
 FIFTY  dollars  nor more than one thousand FIVE HUNDRED dollars for each
 offense and an additional penalty of [ten] FIFTEEN dollars for each fish
 killed in violation thereof;
   6. If the violation was a violation of paragraph b of subdivision 4 of
 section 11-0321 OF THIS CHAPTER, a violation of subdivision 1 of section
 11-2113 OF THIS CHAPTER, or a violation of section 11-2115 OF THIS CHAP-
 TER, not less than [twenty-five dollars] THIRTY-SEVEN DOLLARS AND  FIFTY
 CENTS  nor  more  than  one  hundred  FIFTY dollars; and in addition, as
 determined by the court, to either actual damages or the  sum  of  [ten]
 FIFTEEN  dollars  for each sign injured, defaced or removed in violation
 of section 11-2113  OF THIS CHAPTER,  which  shall  be  payable  to  the
 person  sustaining  the  damage,  injury,  defacement or removal of such
 sign, and costs of suit, all of which  may  be  recovered  in  the  same
 action;
   7.  If  the  violation  was  a violation of sections 13-0329, 13-0330,
 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section  13-0337,
 13-0338,  13-0339,  13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,
 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter,  or  of
 any  regulation  adopted pursuant to the foregoing sections, the greater
 of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars or:
   a. for violations involving one to five fish, shellfish  or  crustace-
 ans, [twenty-five dollars] THIRTY-SEVEN DOLLARS AND FIFTY CENTS for each
 fish,  shellfish  or  crustacean  taken or possessed in violation of the
 above sections;
   b. for violations involving six  to  twenty-five  fish,  shellfish  or
 crustaceans,  [fifty]  SEVENTY-FIVE  dollars for each fish, shellfish or
 crustacean taken or possessed in violation of the above sections;
 S. 3008--B                         136
 
   c. for violations involving more than twenty-five fish,  shellfish  or
 crustaceans, one hundred FIFTY dollars for each fish, shellfish or crus-
 tacean taken or possessed in violation of the above sections.
   For  purposes  of  determining  the  applicable  fine pursuant to this
 subdivision, the number of fish, crustaceans or shellfish shall  be  the
 aggregate number involved in the violation, regardless of species;
   7-a. If the violation was a violation of subdivision 1 or 2 of section
 13-0309, or section 13-0323 or 13-0327, or section 13-0344 OF THIS CHAP-
 TER,  not  less  than  [two  hundred  fifty]  THREE HUNDRED SEVENTY-FIVE
 dollars nor more  than  one  thousand  FIVE  HUNDRED  dollars  for  each
 offense;
   7-b.  If  the  violation  was a violation of subdivision one or two of
 section 13-0325 of this chapter there shall  be  a  minimum  penalty  of
 twenty-five  dollars  and a maximum of [two hundred fifty] THREE HUNDRED
 SEVENTY-FIVE dollars per container or bushel involved in the violation.
   7-c. If the violation was a violation of subdivision 4 or 5 of section
 13-0333 OF THIS CHAPTER, not less than [two thousand five hundred] THREE
 THOUSAND SEVEN HUNDRED FIFTY dollars nor more than [ten]  FIFTEEN  thou-
 sand dollars for each offense;
   8.  If  a  violation of subdivisions 1 or 2 of section 13-0309 OF THIS
 CHAPTER occurs during the time when a permit or license to take  shellf-
 ish has been suspended or revoked pursuant to the provisions of subdivi-
 sion 3 of section 13-0311 or subparagraph (3) of paragraph b of subdivi-
 sion  1  of  section 11-0719 OF THIS CHAPTER, not less than five hundred
 dollars nor more than [fifteen hundred] TWO THOUSAND TWO  HUNDRED  FIFTY
 dollars for each offense, and in addition the forfeiture to the state of
 the  tongs,  rakes,  dredges  or  devices other than boats used by or in
 connection with such illegal taking;
   9. If the violation was a failure by any public officer to perform any
 duty imposed by the Fish and Wildlife Law or by any rule  or  regulation
 of the department, one hundred FIFTY dollars;
   10.  If the violation was an act prohibited by section 11-2117 OF THIS
 CHAPTER, one hundred FIFTY dollars, one-half of which shall  be  payable
 to  the  owner  or  occupant of the damaged property, in addition to the
 actual damages, if any, recoverable by the person sustaining the damage;
   11. If the violation involved the  illegal  taking  or  possessing  of
 muskrats taken from a registered muskrat marsh covered by a permit under
 section  11-1109 OF THIS CHAPTER, when the violation is committed by the
 registrant holding the permit or other person designated in  writing  to
 trap  on the marsh of such registrant, while the permit is in force, not
 less than one hundred FIFTY dollars nor more than [five  hundred]  SEVEN
 HUNDRED FIFTY dollars;
   12.  If the violation was a violation of section 11-1731 OF THIS CHAP-
 TER; relating to bird plumage for fish-fly tying, [five  hundred]  SEVEN
 HUNDRED FIFTY dollars.
   13.  If  the  violation  was  an  act prohibited by subdivision two of
 section 11-0535 or by section 11-0536 of this chapter, or by any  lawful
 rule  or  regulation of the department promulgated pursuant thereto, not
 more than [four] SIX thousand dollars, and an additional penalty of  not
 more  than  [seven  hundred]  ONE  THOUSAND FIFTY dollars for each fish,
 shellfish,  crustacea,  wildlife  or  part  thereof  involved   in   the
 violation.  If  the violation was an act prohibited by any regulation of
 the department promulgated pursuant  to  subdivision  three  of  section
 11-0535  of  this  chapter, then such penalty shall be not more than two
 thousand dollars, and an  additional  penalty  of  not  more  than  four
 S. 3008--B                         137
 
 hundred  dollars  for  each fish, shellfish, crustacea, wildlife or part
 thereof involved in the violation.
   14.  If  the  violation  was a violation of subdivision ten of section
 11-0901 OF THIS CHAPTER involving the illegal taking of a  moose,  [two]
 THREE thousand dollars.
   15.  If  the  violation  was  a  first  or second violation of section
 11-0514 of this chapter, a fine of up to [five  hundred]  SEVEN  HUNDRED
 FIFTY  dollars  for each animal for each act of importation, possession,
 introduction, sale, offer  for  sale,  distribution,  transportation  or
 otherwise  marketing  or  trading.    For a third or subsequent separate
 violation of section 11-0514 of this chapter, the greater of a.  a  fine
 of  one  thousand  FIVE  HUNDRED dollars for each animal for each act of
 importation, breeding, possession, introduction, sale, offer  for  sale,
 distribution,  transportation or otherwise marketing or trading or b. an
 amount equal to three times  (1)  the  financial  security  provided  by
 customers  for  the opportunity to take the animal or (2) the value of a
 boar for meat production or as breeding stock.
   16. If the violation was an act prohibited  by  section  11-0535-a  of
 this  chapter, not more than [three thousand] FOUR THOUSAND FIVE HUNDRED
 dollars or not more than two times the value of  the  article  involved,
 whichever  is  greater.  If  the  violation  is  a  second or subsequent
 violation of such section 11-0535-a, not more than [six]  NINE  thousand
 dollars  or not more than three times the value of the article involved,
 whichever is greater.
   17. If the violation was an act prohibited  by  section  11-0535-b  of
 this  chapter,  not  more  than one thousand FIVE HUNDRED dollars or not
 more than two times the value of  the  article  involved,  whichever  is
 greater.  If  the  violation is a second or subsequent violation of such
 section 11-0535-b, not more than [two] THREE  thousand  dollars  or  not
 more  than  three  times the value of the article involved, whichever is
 greater.
   § 14. Section  71-1105  of  the  environmental  conservation  law,  as
 amended  by  chapter  99  of  the  laws  of  2010, is amended to read as
 follows:
 § 71-1105. Enforcement of subdivision 4 of section 15-0313.
   Any  violation  of  subdivision  4  of  section  15-0313  shall  be  a
 violation,  punishable  by  a fine of not more than [one thousand eight]
 TWO THOUSAND SEVEN hundred dollars, and in addition thereto, by a  civil
 penalty of not more than [one thousand eight] TWO THOUSAND SEVEN hundred
 dollars.
   §  15.  Section  71-1107  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1107. Punishment for violations of title 5 of article 15.
   1.  A  violation of section 15-0501, 15-0503 or 15-0505, shall consti-
 tute a misdemeanor, punishable by a fine of not to exceed [ten]  FIFTEEN
 thousand  dollars,  or by imprisonment not to exceed one year or by both
 such fine and imprisonment and, in addition thereto, by a civil  penalty
 of not more than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   2.  A subcontractor, employee or agent of such person or public corpo-
 ration, or of a state department who knowingly and  intentionally  acts,
 or  a  prime  contractor  of  such  person,  public corporation or state
 department who  acts  with  or  without  an  intention  to  violate  the
 provisions  of  title  5  of  article 15, in disregard of specifications
 provided in a construction contract protecting  against  stream  damage,
 shall  be  guilty  of  a violation punishable by a fine of not less than
 S. 3008--B                         138
 
 [twenty-five] THIRTY-SEVEN dollars AND FIFTY CENTS, nor more  than  [two
 hundred  fifty]  THREE  HUNDRED SEVENTY-FIVE dollars, or by imprisonment
 for not more than fifteen days, or by both such fine  and  imprisonment,
 and,  in  addition,  thereto,  by a civil penalty of not more than [five
 thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   § 16. Section  71-1109  of  the  environmental  conservation  law,  as
 amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
 follows:
 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
   1. Any owner violating subdivision 1 of section 15-0507 or  any  regu-
 lations  promulgated pursuant thereto may be liable for a penalty not to
 exceed [five] SEVEN hundred FIFTY dollars for each  and  every  offense;
 every  violation  of  such  subdivision shall be a separate and distinct
 offense; and in case of a continuing violation, every day's  continuance
 thereof shall be deemed a separate and distinct offense.
   2.  Any owner violating subdivision 4 of section 15-0507 may be liable
 for a penalty not to exceed [five thousand] SEVEN THOUSAND FIVE  HUNDRED
 dollars for each and every offense; every violation of an order referred
 to  in such subdivision shall be a separate and distinct offense; and in
 case of a continuing violation, every day's continuance thereof shall be
 deemed a separate and distinct offense.
   § 17. Section  71-1111  of  the  environmental  conservation  law,  as
 amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
 follows:
 § 71-1111. Enforcement of subdivision 3 of section 15-0511.
   Any person or local public  corporation  violating  subdivision  3  of
 section  15-0511  may  be liable for a penalty not to exceed [five thou-
 sand] SEVEN THOUSAND FIVE HUNDRED dollars for each  and  every  offense;
 every  violation  of an order referred to in such subdivision shall be a
 separate and distinct offense; and in case of  a  continuing  violation,
 every  day's continuance thereof shall be deemed a separate and distinct
 offense.
   § 18. Subdivision 2 of section 71-1113 of the environmental  conserva-
 tion  law,  as  added  by chapter 356 of the laws of 1985, is amended to
 read as follows:
   2. Any person who violates the provisions of section 15-1506  of  this
 chapter  or  the  rules,  regulations,  orders  or determinations of the
 commissioner promulgated thereto or the terms of any permit issued ther-
 eunder, shall be liable for a civil penalty not less than  [twenty-five]
 THREE  THOUSAND  SEVEN hundred FIFTY dollars nor more than [ten] FIFTEEN
 thousand dollars per day of such violation.
   § 19. Section  71-1115  of  the  environmental  conservation  law,  as
 amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
 follows:
 § 71-1115. Enforcement of section 15-1525.
   Any person violating the provisions of section 15-1525 shall be guilty
 of a violation punishable by a fine of not more than one  thousand  FIVE
 HUNDRED  dollars,  and  in addition thereto, shall be liable for a civil
 penalty of not more than [fifteen  hundred]  TWO  THOUSAND  TWO  HUNDRED
 FIFTY dollars.
   §  20.  Subdivisions  1  and 2 of section 71-1117 of the environmental
 conservation law, as amended by chapter 640 of the  laws  of  1977,  are
 amended to read as follows:
   1. Any person or public corporation violating subdivision 1 of section
 15-1745, shall be guilty of a violation punishable by a fine of not more
 than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
 S. 3008--B                         139
 
   2.  In  addition, the department may, in an action instituted by it in
 any court of competent jurisdiction, recover from  any  such  person  or
 public  corporation  the  sum of [one hundred fifty] TWO HUNDRED TWENTY-
 FIVE dollars per day for each day that such person or public corporation
 continues  to  take,  draw, divert or make use of any part or portion of
 such waters.
   § 21. Section  71-1121  of  the  environmental  conservation  law,  as
 amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
 follows:
 § 71-1121. Enforcement of subdivision 2 of section 15-1947.
   Violation of subdivision 2  of  section  15-1947  shall  constitute  a
 violation,  punishable  by  a  fine  of  not more than one thousand FIVE
 HUNDRED dollars, and in addition thereto, a civil penalty  of  not  more
 than [fifteen hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
   §  22.  Section  71-1123  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1123. Enforcement of section 15-2133.
   1.  Any neglect of the provisions of section 15-2133 by any officer or
 person in charge of any reservoir shall be a violation punishable  by  a
 fine of not more than one thousand FIVE HUNDRED dollars, and in addition
 thereto, by a civil penalty of not more than [fifteen hundred] TWO THOU-
 SAND TWO HUNDRED FIFTY dollars.
   2.  Any  person  violating  the provisions of subdivision 3 of section
 15-2133 shall be guilty of a violation punishable by a fine of not  more
 than  one  thousand FIVE HUNDRED dollars, and in addition thereto, shall
 be liable for a civil penalty of not more  than  [fifteen  hundred]  TWO
 THOUSAND TWO HUNDRED FIFTY dollars.
   §  23.  Section  71-1125  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1125. Enforcement of section 15-2315.
   Any  person  who  violates  the  provisions  of  the first sentence of
 section 15-2315 shall be guilty of a violation punishable by a  fine  of
 not  more than one thousand FIVE HUNDRED dollars, and in addition there-
 to, shall be liable for a  civil  penalty  of  not  more  than  [fifteen
 hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
   §  24. Subdivision 1 of section 71-1127 of the environmental conserva-
 tion law, as amended by chapter 401 of the laws of 2011, is  amended  to
 read as follows:
   1.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by article 15 except section  15-1713,  or  who
 violates or who fails to comply with any rule, regulation, determination
 or  order of the department heretofore or hereafter promulgated pursuant
 to article 15 except section 15-1713,  or  any  condition  of  a  permit
 issued  pursuant  to article 15 of this chapter, or any determination or
 order of the former water resources commission or the department hereto-
 fore promulgated pursuant to former article 5 of the  Conservation  Law,
 shall be liable for a civil penalty of not more than [two thousand five]
 THREE  THOUSAND  SEVEN  hundred  FIFTY dollars for such violation and an
 additional civil penalty of not more than  [five]  SEVEN  hundred  FIFTY
 dollars  for  each  day  during  which such violation continues, and, in
 addition thereto, such person  may  be  enjoined  from  continuing  such
 violation as otherwise provided in article 15 except section 15-1713.
   §  25. Section 71-1131 of the environmental conservation law, as added
 by chapter 640 of the laws of 1977, is amended to read as follows:
 S. 3008--B                         140
 
 § 71-1131. Violations; criminal liability.
   Except as otherwise specifically provided, any person who violates any
 of the provisions of article 15 of this chapter, or any rule, regulation
 or order promulgated pursuant thereto, or the terms of any permit issued
 thereunder  shall  be  guilty of a violation punishable by a fine of not
 more than [five] SEVEN hundred FIFTY dollars.
   § 26. Section 71-1203 of the environmental conservation law, as  added
 by chapter 384 of the laws of 1983, is amended to read as follows:
 § 71-1203. Penalties.
   Any  person  who violates the provisions of article twenty-two of this
 chapter shall be subject to a civil penalty not to exceed [ten]  FIFTEEN
 thousand  dollars  for  each  day  during which such violation occurred;
 provided, however, that the total penalty to be imposed shall not exceed
 one million FIVE HUNDRED THOUSAND dollars.
   § 27. Subdivisions 1 and 3 of section  71-1307  of  the  environmental
 conservation  law,  as  amended  by  chapter 99 of the laws of 2010, are
 amended to read as follows:
   1. Administrative sanctions. Any person who violates any provision  of
 article  23  of this chapter or commits any offense described in section
 71-1305 of this title shall be liable to the people of the state  for  a
 civil penalty not to exceed [eight] TWELVE thousand dollars and an addi-
 tional penalty of [two] THREE thousand dollars for each day during which
 such  violation  continues,  to  be assessed by the commissioner after a
 hearing or opportunity to be heard.  The  commissioner,  acting  by  the
 attorney  general,  may bring suit for collection of such assessed civil
 penalty in any court of competent jurisdiction. Such civil  penalty  may
 be  released  or  compromised  by the commissioner before the matter has
 been referred to the attorney general; and where such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 compromised and any action commenced to recover the same may be  settled
 and discontinued by the attorney general with the consent of the commis-
 sioner.  In addition, the commissioner shall have the power, following a
 hearing conducted pursuant to  rules  and  regulations  adopted  by  the
 department,  to  direct  the violator to cease the violation and reclaim
 and repair the affected site to a condition acceptable  to  the  commis-
 sioner,  to  the  extent possible within a reasonable time and under the
 direction and supervision of the commissioner. Any  such  order  of  the
 commissioner  shall  be enforceable in any action brought by the commis-
 sioner in any court of competent  jurisdiction.  Any  civil  penalty  or
 order issued by the commissioner under this subdivision shall be review-
 able  in  a proceeding under article seventy-eight of the civil practice
 law and rules.
   3. Criminal sanctions. Any person who,  having  any  of  the  culpable
 mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
 violates any provision of article 23 of  this  chapter  or  commits  any
 offense  described in section 71-1305 of this title shall be guilty of a
 misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
 not  to  exceed  one  thousand  FIVE HUNDRED dollars for each day during
 which such violation continues or by imprisonment for a term of not more
 than one year, or by both such fine and imprisonment. If the  conviction
 is  for  a subsequent offense committed after a first conviction of such
 person under this subdivision, punishment shall be  by  a  fine  not  to
 exceed  [eight]  TWELVE  thousand dollars for each day during which such
 violation continues or by imprisonment for a term of not more  than  one
 year, or by both such fine and imprisonment.
 S. 3008--B                         141
 
   §  28. Subdivision 1 of section 71-1707 of the environmental conserva-
 tion law is amended to read as follows:
   1.  Any  person  who  violates,  disobeys  or  disregards  any term or
 provision of this chapter listed in section 71-1701,  or  of  titles  17
 through  21  inclusive of this article or of any lawful notice, order or
 regulation pursuant thereto for which a civil penalty is  not  otherwise
 expressly  prescribed by law, shall be liable to the people of the state
 for a civil penalty of not to exceed one thousand FIVE  HUNDRED  dollars
 for every such violation.
   § 29. Section 71-1711 of the environmental conservation law is amended
 to read as follows:
 § 71-1711. Willful violation of health laws.
   1.  A person who willfully violates or refuses or omits to comply with
 any lawful order or regulation prescribed by any local board  of  health
 or  local  health  officer, is guilty of a misdemeanor; except, however,
 that where such order or regulation applies to a tenant with respect  to
 [his] SUCH TENANT'S own dwelling unit or to an owner occupied one or two
 family  dwelling,  such  person  is  guilty  of an offense for the first
 violation punishable by  a  fine  not  to  exceed  [fifty]  SEVENTY-FIVE
 dollars  and  for a second or subsequent violation is guilty of a misde-
 meanor punishable by a fine not to exceed  [five]  SEVEN  hundred  FIFTY
 dollars or by imprisonment not to exceed six months or by both such fine
 and imprisonment.
   2. A person who willfully violates any provision of this chapter list-
 ed  in  section  71-1701,  or  of titles 17 through 21 inclusive of this
 article, or any regulation lawfully made or established  by  any  public
 officer  or board under authority of such provisions, the punishment for
 violating which is not otherwise prescribed by such  provisions  or  any
 other law, is punishable by imprisonment not exceeding one year, or by a
 fine not exceeding [two] THREE thousand dollars or by both.
   §  30.  Section  71-1725  of  the  environmental  conservation law, as
 amended by chapter 400 of the laws  of  1973,  is  amended  to  read  as
 follows:
 § 71-1725. Assessment of Penalties.
   The  commissioner may assess any penalty prescribed for a violation of
 or a failure to comply with any provision contained  in  this  title  or
 listed  in  section  71-1701,  or any lawful notice, order or regulation
 prescribed by the commissioner under any such  provision,  one  thousand
 FIVE  HUNDRED dollars for every such violation or failure, which penalty
 may be assessed after a hearing or an opportunity to be heard.
   § 31. Section 71-1905 of the environmental conservation law is amended
 to read as follows:
 § 71-1905. Enforcement of section 17-1705.
   Any person violating any provision of section 17-1705 shall forfeit to
 the county where the violation occurred the sum of [fifty]  SEVENTY-FIVE
 dollars for every such violation.
   §  32. Subdivision 1 of section 71-1907 of the environmental conserva-
 tion law is amended to read as follows:
   1. Every person violating  any  provision  of  section  17-1707  shall
 forfeit  to  the  municipality  having a local board of health where the
 violation occurs the sum of [twenty-five] THIRTY-SEVEN dollars AND FIFTY
 CENTS for the first day when the violation takes place, and the  sum  of
 [ten]  FIFTEEN  dollars  for every subsequent day that such violation is
 repeated or continued.
 S. 3008--B                         142
 
   § 33. Subdivision 2 of section 71-1909 of the environmental  conserva-
 tion  law,  as amended by section 35 of part C of chapter 62 of the laws
 of 2003, is amended to read as follows:
   2.  Any  person  violating  any  provision of section 17-1709 shall be
 guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
 [seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars or by
 imprisonment  for not more than one year or by both such fine and impri-
 sonment.
   § 34. Section  71-1911  of  the  environmental  conservation  law,  as
 amended  by  section  36 of part C of chapter 62 of the laws of 2003, is
 amended to read as follows:
 §  71-1911. Enforcement of section 17-1711.
   Any person violating any provision of section 17-1711 shall be  guilty
 of  an offense, and punishable by a fine of not more than [seventy-five]
 ONE HUNDRED TWELVE dollars AND FIFTY CENTS.
   § 35. Subdivision 2 of section 71-1913 of the environmental  conserva-
 tion law is amended to read as follows:
   2.  Any  person  violating  any  provision of section 17-1713 shall be
 guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
 [five]  SEVEN hundred FIFTY dollars or by imprisonment for not more than
 one year or by both such fine and imprisonment.
   § 36. Subdivision 1 of section 71-1915 of the environmental  conserva-
 tion law is amended to read as follows:
   1.  Any  person  violating  any  provision of section 17-1715 shall be
 guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
 [five]  SEVEN hundred FIFTY dollars or by imprisonment for not more than
 one year or by both such fine and imprisonment.
   § 37. Subdivision 1 of section 71-1921 of the environmental  conserva-
 tion law is amended to read as follows:
   1.  Any  person  putting  in or constructing or maintaining a conduit,
 discharge pipe or other means of discharging or casting  any  refuse  or
 waste matter in violation of section 17-1729 shall forfeit to the people
 of the state [five] SEVEN dollars AND FIFTY CENTS a day for each day the
 same  is  used  or  maintained  for  such purpose, to be collected in an
 action brought by the commissioner.
   § 38. Subdivision 1 of section 71-1929 of the environmental  conserva-
 tion  law,  as amended by section 37 of part C of chapter 62 of the laws
 of 2003, is amended to read as follows:
   1. A person who violates any of the provisions of,  or  who  fails  to
 perform  any  duty imposed by titles 1 through 11 inclusive and title 19
 of article 17, or the rules, regulations, orders  or  determinations  of
 the  commissioner  promulgated thereto or the terms of any permit issued
 thereunder, shall be liable to a penalty of not to exceed  [thirty-seven
 thousand  five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
 day for each violation, and, in addition thereto,  such  person  may  be
 enjoined   from  continuing  such  violation  as  hereinafter  provided.
 Violation of a permit condition shall constitute grounds for  revocation
 of  such permit, which revocation may be accomplished either as provided
 in paragraph f of subdivision 4 of section 17-0303 or by order of  judg-
 ment of the supreme court as an alternate or additional civil penalty in
 an action brought pursuant to subdivision 3 of this section.
   § 39. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
 of  subdivision  8  of section 71-1933 of the environmental conservation
 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
 and iv of paragraph b of subdivision 8 as amended by section 39 of  part
 C of chapter 62 of the laws of 2003, are amended to read as follows:
 S. 3008--B                         143
 
   1. Any person who, having any of the culpable mental states defined in
 section  15.05  of the penal law, shall violate any of the provisions of
 titles 1 through 5, 9 through 11 and 19 of  article  17  or  the  rules,
 regulations,  orders  or  determinations of the commissioner promulgated
 thereto,  or  the terms of any permit issued thereunder, shall be guilty
 of a misdemeanor and, upon conviction thereof, shall be  punished  by  a
 fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
 SIX  HUNDRED  TWENTY-FIVE  dollars  nor more than [thirty-seven thousand
 five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars  per  day  of
 violation or by imprisonment for a term of not more than one year, or by
 both  such  fine  and  imprisonment. If the conviction is for an offense
 committed after a first conviction of such person  under  this  subdivi-
 sion, punishment shall be by a fine of not more than [seventy-five thou-
 sand]  ONE  HUNDRED  TWELVE  THOUSAND  FIVE  HUNDRED  dollars per day of
 violation, or by imprisonment for not more than two years, or by both.
   i. [$750,000] $1,125,000 for a class C felony committed by  an  organ-
 ization as defined in section 71-1932 of this title;
   ii. [$375,000] $562,500 for a class C felony;
   iii.  [$75,000] $112,500 per day of continuing violation for a class E
 felony defined under subdivision four of this section but  in  no  event
 less  than  [$7,500] $11,250; and [$15,000] $22,500 for a class E felony
 defined under subdivision seven of this section;
   iv. [$37,500] $56,250 per day of continuing violation for  a  class  A
 misdemeanor but in no event less than [$3,750] $5,625.
   §  40. Paragraph b of subdivision 3 of section 71-1939 of the environ-
 mental conservation law, as added by chapter 543 of the laws of 2010, is
 amended to read as follows:
   b. All fines and penalties  collected  pursuant  to  this  subdivision
 shall  be  paid  to the district or county, provided, however, that one-
 quarter of such fines and  penalties  received  shall  be  paid  to  the
 [general  fund to the credit of the state purposes account] CONSERVATION
 FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT  ACCOUNT  ESTABLISHED
 PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
 LAW.
   §  41. Subdivision 1 of section 71-1941 of the environmental conserva-
 tion law, as amended by section 40 of part C of chapter 62 of  the  laws
 of 2003, is amended to read as follows:
   1.  Except  where  the  owner of or a person in actual or constructive
 possession or control of more than one thousand one hundred gallons,  in
 bulk,  of  any  liquid  including petroleum which, if released, would or
 would be likely to pollute the lands or waters of  the  state  including
 the  groundwaters  thereof  can  prove that the entry or presence of any
 part of such liquid onto such lands or into or in such waters causing or
 contributing to a condition therein in contravention  of  the  standards
 adopted or deemed adopted by the water pollution control board or any of
 its  legal successors was caused solely by (A) an act of God, (B) an act
 of war, (C) negligence on the part of the  United  States  or  New  York
 State  Government  or  (D)  an  act or omission of a third party without
 regard to whether any such act or omission was or was not negligent,  or
 any  combination of the foregoing clauses, such owner or person shall be
 liable for a penalty of not more  than  [three  thousand  seven  hundred
 fifty]  FIVE  THOUSAND  SIX  HUNDRED  TWENTY-FIVE dollars for an initial
 incident resulting in or contributing to such a contravention and for an
 additional penalty not to exceed [seven hundred fifty] ONE THOUSAND  ONE
 HUNDRED TWENTY-FIVE dollars for each day during which such contravention
 or  contribution  thereto  continues, and in addition shall be liable to
 S. 3008--B                         144
 
 the people of the state of New York for the actual costs incurred by  or
 on  behalf  of the people of the state for the removal or neutralization
 of such liquid  and  for  any  and  all  reasonable  measures  taken  or
 attempted  to  reduce,  limit  or  diminish the extent or effect of such
 contravention.
   § 42. Section  71-1943  of  the  environmental  conservation  law,  as
 amended  by  section  41 of part C of chapter 62 of the laws of 2003, is
 amended to read as follows:
 § 71-1943. Enforcement of section 17-1743.
   Any person who fails to so notify  the  department  of  such  release,
 discharge  or spill into the waters of the state as described in section
 17-1743 of this chapter shall, upon conviction, be fined not  more  than
 [three  thousand  seven hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-
 FIVE dollars or imprisoned for not more than one year, or both.
   § 43. Section 71-1945 of the environmental conservation law, as  added
 by chapter 205 of the laws of 2010, is amended to read as follows:
 § 71-1945. Enforcement of title 21 of article 17.
   1.  Except  as  otherwise  provided  in  this  section, any person who
 violates any provision of title 21 of article 17 of this chapter or  any
 rule,  regulation  or  order  issued  thereunder  shall be liable to the
 people of the state for a civil  penalty  not  to  exceed  [five]  SEVEN
 hundred FIFTY dollars for a first violation, and not to exceed one thou-
 sand  FIVE HUNDRED dollars for each subsequent violation, to be assessed
 by the commissioner after a hearing or opportunity to be heard.
   2. Any owner or owner's agent, or occupant of a household who violates
 any provision of title 21 of article 17 of this  chapter  or  any  rule,
 regulation  or  order  issued thereunder shall, for a first violation be
 issued a written warning and be provided educational materials.  Upon  a
 second violation, the owner or owner's agent, or occupant of a household
 shall  be  liable  to the people of the state for a civil penalty not to
 exceed one hundred FIFTY dollars,  and  for  any  subsequent  violations
 shall  be  liable  to the people of the state for a civil penalty not to
 exceed [two hundred fifty] THREE HUNDRED TWENTY-FIVE dollars.  No  owner
 or  owner's  agent of a household shall be held liable for any violation
 by an occupant. Such penalties may be assessed by the commissioner after
 a hearing or opportunity to be heard.
   § 44. Subdivision 1 of section 71-2103 of the environmental  conserva-
 tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
 read as follows:
   1. Except as provided in section 71-2113, any person who violates  any
 provision  of article nineteen or any code, rule or regulation which was
 promulgated pursuant thereto; or any order  except  an  order  directing
 such  person  to pay a penalty by a specified date issued by the commis-
 sioner pursuant thereto, shall  be  liable,  in  the  case  of  a  first
 violation,  for  a  penalty  not  less  than  [five] SEVEN hundred FIFTY
 dollars nor more than [eighteen] TWENTY-SEVEN thousand dollars for  said
 violation  and an additional penalty of not to exceed [fifteen thousand]
 TWENTY THOUSAND FIVE HUNDRED dollars for  each  day  during  which  such
 violation  continues.  In the case of a second or any further violation,
 the liability shall be for a penalty not to exceed [twenty-six]  THIRTY-
 NINE  thousand  dollars for said violation and an additional penalty not
 to exceed [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
 HUNDRED FIFTY dollars for each day during which such  violation  contin-
 ues.  In  addition  thereto, such person may be enjoined from continuing
 such violation as hereinafter provided.
 S. 3008--B                         145
 
   § 45. Subdivision 1 of section 71-2105 of the environmental  conserva-
 tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
 read as follows:
   1. Except as provided in section 71-2113, any person who shall wilful-
 ly  violate  any  of  the  provisions of article 19 or any code, rule or
 regulation promulgated pursuant thereto or any  final  determination  or
 order of the commissioner made pursuant to article 19 shall be guilty of
 a  misdemeanor,  and,  upon  conviction  thereof, shall be punished by a
 fine, in the case of a first conviction, of not less than  [five]  SEVEN
 hundred  FIFTY  dollars  nor  more than [eighteen] TWENTY-SEVEN thousand
 dollars or by imprisonment for a term of not more than one year,  or  by
 both  such  fine  and  imprisonment, for each separate violation. If the
 conviction is for an offense committed after  the  first  conviction  of
 such  person  under this subdivision, such person shall be punished by a
 fine not to exceed [twenty-six]  THIRTY-NINE  thousand  dollars,  or  by
 imprisonment,  or  by both such fine and imprisonment. Each day on which
 such violation occurs shall constitute a separate violation.
   § 46. Section 71-2111 of the environmental conservation law, as  added
 by chapter 400 of the laws of 1973, is amended to read as follows:
 § 71-2111. Enforcement of air pollution emergency rules and regulations.
   Any  person  who  violates  any  of  the  provisions of any regulation
 promulgated by the commissioner under authority of paragraph y of subdi-
 vision one of section 3-0301 shall be liable for a civil penalty of  not
 more  than  [twenty-five] THREE THOUSAND SEVEN hundred FIFTY dollars for
 each such violation and an additional penalty of not  more  than  [five]
 SEVEN  hundred  FIFTY  dollars  for each day during which such violation
 continues, and, in addition thereto, such persons may be  enjoined  from
 continuing  such  violation.  Penalties  and  injunctive relief provided
 herein shall be recoverable in an action brought by the attorney general
 at the request and in the name of the commissioner.
   § 47. Section 71-2113 of the environmental conservation law, as  added
 by  chapter 942 of the laws of 1984, subdivision 1 as amended by section
 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
 the laws of 2003, is amended to read as follows:
 § 71-2113. Violations of section 19-0304 of article 19 of this chapter.
   1. Civil and administrative sanctions. Any person who violates any  of
 the  provisions  of, or who fails to perform any duty imposed by section
 19-0304 of this chapter, or any rule or regulation promulgated  pursuant
 thereto,  or  any  term or condition of any certificate or permit issued
 pursuant thereto, or any final determination or order of the commission-
 er made pursuant to article 19 of this chapter concerning a violation of
 section 19-0304 of this chapter shall be liable in the case of  a  first
 violation, for a civil penalty not to exceed [thirty-seven thousand five
 hundred]  FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
 penalty of not more than [thirty-seven thousand five hundred]  FIFTY-SIX
 THOUSAND  TWO  HUNDRED  FIFTY  dollars  for  each  day during which such
 violation continues, to be assessed by the commissioner after an  oppor-
 tunity to be heard pursuant to the provisions of section 71-1709 of this
 article, or by the court in any action or proceeding pursuant to section
 71-2107  of  this  title,  and,  in addition thereto, such person may by
 similar process be enjoined  from  continuing  such  violation  and  any
 permit  or certificate issued to such person may be revoked or suspended
 or a pending renewal application denied. In the case of a second and any
 further violation, the liability shall be for a  civil  penalty  not  to
 exceed  [seventy-five]  ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
 for each such violation and an additional penalty not to  exceed  seven-
 S. 3008--B                         146
 
 ty-five  thousand  dollars  for  each  day  during  which such violation
 continues.
   2.  Criminal  sanctions.  Any  person  who, having any of the culpable
 mental states defined in section 15.05 of the penal law,  shall  violate
 any  of  the  provisions  of or who fails to perform any duty imposed by
 section 19-0304 of this chapter, or any rules and regulations promulgat-
 ed pursuant thereto, or any term or  condition  of  any  certificate  or
 permit  issued  pursuant thereto, or any final determination or order of
 the commissioner made pursuant to article 19 of this chapter  concerning
 a  violation  of  section  19-0304  of this chapter shall be guilty of a
 misdemeanor and, upon conviction thereof, shall for a  first  conviction
 be punished by a fine not to exceed [thirty-seven thousand five hundred]
 FIFTY-SIX  THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
 imprisonment for a term of not more than one year, or both such fine and
 imprisonment. If the conviction is for  an  offense  committed  after  a
 first conviction of such person under this subdivision, punishment shall
 be  by  a  fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
 FIVE HUNDRED dollars per day of violation, or by  imprisonment  for  not
 more than two years or by both such fine and imprisonment.
   §  48. Section 71-2201 of the environmental conservation law, as added
 by chapter 740 of the laws of 1978, the opening paragraph  and  subdivi-
 sion  1 as amended and subdivision 3 as added by chapter 901 of the laws
 of 1983, subdivision 4 as added by chapter 294 of the laws of  1991,  is
 amended to read as follows:
 § 71-2201. Enforcement of title 23 of article 23 of this chapter.
   Administrative  and civil sanctions. 1. Any person who violates any of
 the provisions of, or who fails to perform any duty imposed by title  23
 of  article  23  except  the duty to accept used oil pursuant to section
 23-2307 or any person subject to section 23-2308 or any  rule  or  regu-
 lation  promulgated  pursuant  thereto,  or any term or condition of any
 certificate or permit issued pursuant thereto,  or  any  final  determi-
 nation  or order of the commissioner made pursuant to this section shall
 be liable for a civil penalty not to exceed one  thousand  FIVE  HUNDRED
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues, to be assessed by the commissioner after a hearing
 or opportunity to be heard pursuant to the provisions of section 71-1709
 of this chapter, and, in addition thereto, such person  may  by  similar
 process  be  enjoined  from  continuing such violation and any permit or
 certificate issued to such person may be revoked or suspended or a pend-
 ing renewal application denied.
   2. Any person who refuses to accept used oil as required  pursuant  to
 subdivision  two  of section 23-2307 shall be liable for a civil penalty
 not to exceed one hundred FIFTY dollars.
   3. Any person who violates any provision of section  23-2308  of  this
 chapter  shall  be subject to a civil penalty not to exceed [two hundred
 fifty] THREE HUNDRED SEVENTY-FIVE dollars for each violation.
   4. Notwithstanding any other provision of law, any  person  who  shall
 violate  the  provisions  of  paragraph  [(c)]  C  of subdivision one of
 section 23-2307 or paragraph [(d)]  D  of  subdivision  two  of  section
 23-2307  of this chapter shall be liable for a civil penalty of not more
 than [five] SEVEN hundred FIFTY dollars, and an additional civil penalty
 of not more than [five] SEVEN hundred FIFTY dollars for each day  during
 which  such  violation  continues,  not to exceed [ten] FIFTEEN thousand
 dollars.
 S. 3008--B                         147
 
   § 49. Section  71-2303  of  the  environmental  conservation  law,  as
 amended  by  chapter  99  of  the  laws of 2010, subdivisions 1 and 2 as
 amended by section 15 of part QQ of chapter 58 of the laws of  2022,  is
 amended to read as follows:
 § 71-2303. Violation; penalties.
   1. Civil sanctions. a. Any person who violates, disobeys or disregards
 any  provision  of article twenty-four, including title five and section
 24-0507 thereof or any rule  or  regulation,  local  law  or  ordinance,
 permit  or  order issued pursuant thereto, shall be liable to the people
 of the state for a civil penalty of not to exceed [eleven] SIXTEEN thou-
 sand FIVE HUNDRED dollars for every  such  violation,  to  be  assessed,
 after  a hearing or opportunity to be heard upon due notice and with the
 rights to specification of the charges and representation by counsel  at
 such  hearing,  by  the commissioner or local government or in an action
 initiated by the attorney general pursuant to section  71-2305  of  this
 title  or on the attorney general's own initiative. Each violation shall
 be a separate and distinct violation and, in the case  of  a  continuing
 violation, each day's continuance thereof shall be deemed a separate and
 distinct  violation.  Such penalty assessed by the commissioner or local
 government may be recovered in an action brought by the attorney general
 at the request and in the name of the commissioner or  local  government
 in  any  court  of  competent  jurisdiction.  Such  civil penalty may be
 released or compromised by the commissioner or local  government  before
 the  matter  has  been  referred to the attorney general; and where such
 matter has been referred to the attorney general, any such  penalty  may
 be  released or compromised and any action commenced to recover the same
 may be settled and discontinued by the attorney general with the consent
 of the commissioner or local government. In addition,  the  commissioner
 or  local  government  shall  have  power,  following  a hearing held in
 conformance with the procedures set forth in  section  71-1709  of  this
 article,  to  direct  the  violator  to  cease  violating the act and to
 restore the affected freshwater wetland to its condition  prior  to  the
 violation,  insofar  as  that  is  possible within a reasonable time and
 under the supervision of the commissioner or local government. Any  such
 order of the commissioner or local government shall be enforceable in an
 action brought by the attorney general at the request and in the name of
 the commissioner or local government in any court of competent jurisdic-
 tion.  Any  civil  penalty  or order issued by the commissioner or local
 government pursuant  to  this  subdivision  shall  be  reviewable  in  a
 proceeding  pursuant  to article seventy-eight of the civil practice law
 and rules.
   b. Upon determining that significant damage to the functions and bene-
 fits of a freshwater wetland is occurring or is imminent as a result  of
 any  violation of article twenty-four of this chapter, including but not
 limited to (i) activity taking place requiring a  permit  under  article
 twenty-four  of this chapter but for which no permit has been granted or
 (ii) failure on the part of a permittee to adhere to permit  conditions,
 the  commissioner  or  local  government  shall have power to direct the
 violator to cease and desist from violating the act. In such  cases  the
 violator shall be provided an opportunity to be heard within ten days of
 receipt of the notice to cease and desist.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-four of this chapter, including any rule or regulation, local
 law or ordinance, permit or order issued  pursuant  thereto,  shall,  in
 addition,  for the first offense, be guilty of a violation punishable by
 a fine of not less than [two] THREE thousand nor more than [five]  SEVEN
 S. 3008--B                         148
 
 thousand  FIVE HUNDRED dollars; for a second and each subsequent offense
 [he] SUCH PERSON shall be guilty of a misdemeanor punishable by  a  fine
 of  not  less than [four] SIX thousand nor more than [ten] FIFTEEN thou-
 sand dollars or a term of imprisonment of not less than fifteen days nor
 more  than  six  months  or  both. In addition to these punishments, any
 offender may be punishable by being ordered by the court to restore  the
 affected  freshwater  wetland or adjacent area to its condition prior to
 the offense, insofar as that is possible.  The  court  shall  specify  a
 reasonable  time  for the completion of such restoration, which shall be
 effected under the supervision of the commissioner or local  government.
 Each  offense  shall be a separate and distinct offense and, in the case
 of a continuing offense, each day's continuance thereof shall be  deemed
 a separate and distinct offense.
   3. All fines collected pursuant to this section shall be paid into the
 environmental  protection  fund  established pursuant to section ninety-
 two-s of the state finance law.
   § 50. Paragraph a of  subdivision  1  and  subdivision  2  of  section
 71-2503 of the environmental conservation law, as amended by chapter 666
 of the laws of 1989, are amended to read as follows:
   a.  Any  person  who violates, disobeys or disregards any provision of
 article twenty-five shall be liable to the people of  the  state  for  a
 civil  penalty of not to exceed [ten] FIFTEEN thousand dollars for every
 such violation, to be assessed, after a hearing  or  opportunity  to  be
 heard,  by  the  commissioner.  Each  violation  shall be a separate and
 distinct violation and, in the case  of  a  continuing  violation,  each
 day's  continuance  thereof  shall  be  deemed  a  separate and distinct
 violation.  The penalty may be recovered in an  action  brought  by  the
 commissioner  in any court of competent jurisdiction. Such civil penalty
 may be released or compromised by the commissioner before the matter has
 been referred to the attorney general; and where such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 compromised and any action commenced to recover the same may be  settled
 and discontinued by the attorney general with the consent of the commis-
 sioner.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-five shall, in addition, for the first offense, be guilty  of
 a  violation  punishable by a fine of not less than [five] SEVEN hundred
 FIFTY nor more than [five] SEVEN thousand FIVE HUNDRED  dollars;  for  a
 second  and  each  subsequent  offense  such person shall be guilty of a
 misdemeanor punishable by a fine of not  less  than  one  thousand  FIVE
 HUNDRED nor more than [ten] FIFTEEN thousand dollars or a term of impri-
 sonment  of not less than fifteen days nor more than six months or both.
 In addition to or instead of these punishments, any  offender  shall  be
 punishable  by  being ordered by the court to restore the affected tidal
 wetland or area immediately adjacent thereto to its condition  prior  to
 the  offense,  insofar  as  that  is possible. The court shall specify a
 reasonable time for the completion of the restoration,  which  shall  be
 effected  under  the supervision of the commissioner. Each offense shall
 be a separate and distinct offense and, in  the  case  of  a  continuing
 offense,  each  day's continuance thereof shall be deemed a separate and
 distinct offense.
   § 51. Section  71-2505  of  the  environmental  conservation  law,  as
 amended  by  chapter  249  of  the  laws  of 1997, is amended to read as
 follows:
 § 71-2505. Enforcement.
 S. 3008--B                         149
 
   The attorney general, on [his] THEIR own initiative or at the  request
 of  the  commissioner, shall prosecute persons who violate article twen-
 ty-five.  In addition the attorney general, on [his]  THEIR  own  initi-
 ative  or  at  the  request of the commissioner, shall have the right to
 recover  a  civil  penalty  of  up to [ten] FIFTEEN thousand dollars for
 every violation of any provision of such article, and to seek  equitable
 relief to restrain any violation or threatened violation of such article
 and  to  require  the  restoration of any affected tidal wetland or area
 immediately adjacent thereto to its condition prior  to  the  violation,
 insofar  as  that  is  possible,  within a reasonable time and under the
 supervision of the commissioner. In the case of a continuing  violation,
 each  day's  continuance thereof shall be deemed a separate and distinct
 violation.
   § 52. Subdivisions 1, 2 and 3 of section 71-2703 of the  environmental
 conservation  law, subdivisions 1 and 2 as amended by chapter 508 of the
 laws of 1995, paragraph a of subdivision 1 as  amended  by  section  25,
 subparagraphs  i  and  ii  of paragraph b of subdivision 1 as amended by
 section 26, paragraph a and subparagraphs i and ii  of  paragraph  b  of
 subdivision  2 as amended by section 27, subparagraphs i and ii of para-
 graph c of subdivision 2 as amended by section 28 and subdivision  3  as
 amended  by  section 29 of part C of chapter 62 of the laws of 2003, are
 amended to read as follows:
   1. Civil and administrative sanctions.  a. Any person who violates any
 of the provisions of, or who fails to perform any duty imposed by  title
 3  or  7 of article 27 of this chapter or any rule or regulation promul-
 gated pursuant thereto, or any term or condition of any  certificate  or
 permit  issued  pursuant thereto, or any final determination or order of
 the commissioner made pursuant to this title shall be liable for a civil
 penalty not to exceed [seven thousand five hundred] ELEVEN THOUSAND  TWO
 HUNDRED  FIFTY dollars for each such violation and an additional penalty
 of not more than [one thousand five hundred] TWO  THOUSAND  TWO  HUNDRED
 FIFTY  dollars for each day during which such violation continues, to be
 assessed by the commissioner after an opportunity to be  heard  pursuant
 to the provisions of section 71-1709 of this article, or by the court in
 any action or proceeding pursuant to section 71-2727 of this title, and,
 in addition thereto, such person may by similar process be enjoined from
 continuing  such  violation and any permit or certificate issued to such
 person may be revoked or suspended  or  a  pending  renewal  application
 denied.
   b.  i.  Any person who violates any of the provisions of, or who fails
 to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
 ter, or any rule or regulation promulgated pursuant thereto, or any term
 or condition of any certificate or permit issued  pursuant  thereto  and
 thereby causes the release of solid waste into the environment, shall be
 liable  for  a  civil penalty not to exceed [eleven thousand two hundred
 fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars for each such
 violation and an additional penalty of not more  than  [eleven  thousand
 two  hundred  fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars
 for each day during which such violation continues, to  be  assessed  by
 the  commissioner  after  an  opportunity  to  be  heard pursuant to the
 provisions of section 71-1709 of this article, or by the  court  in  any
 action  or proceeding pursuant to section 71-2727 of this title, and, in
 addition thereto, such person may by similar process  be  enjoined  from
 continuing  such  violation and any permit or certificate issued to such
 person may be revoked or suspended  or  a  pending  renewal  application
 denied.
 S. 3008--B                         150
 
   ii.  Any person who violates any of the provisions of, or who fails to
 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
 or any rule or regulation promulgated pursuant thereto, or any  term  or
 condition  of  any  certificate  or  permit  issued pursuant thereto and
 thereby  causes  the release of more than ten cubic yards of solid waste
 into the environment, shall be liable for a civil penalty not to  exceed
 [twenty-two  thousand  five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED
 FIFTY dollars for each such violation and an additional penalty  of  not
 more than [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
 HUNDRED  FIFTY  dollars for each day during which such violation contin-
 ues, to be assessed by the commissioner after an opportunity to be heard
 pursuant to the provisions of section 71-1709 of this article, or by the
 court in any action or proceeding pursuant to section  71-2727  of  this
 title,  and,  in addition thereto, such person may by similar process be
 enjoined from continuing such violation and any  permit  or  certificate
 issued  to  such person may be revoked or suspended or a pending renewal
 application denied.
   c. The court in any action or proceeding pursuant to  section  71-2727
 of this chapter may exercise all powers exercisable by the commissioner.
   2.  Criminal sanctions.  a. Any person who, having any of the culpable
 mental states defined in section 15.05 of the penal law,  shall  violate
 any  of  the  provisions  of or who fails to perform any duty imposed by
 title 3 or 7 of article 27 of this chapter, or any rules and regulations
 promulgated pursuant thereto, or any final determination or order of the
 commissioner made pursuant to this title shall be guilty of a  violation
 and,  upon  conviction  thereof, shall be punished by a fine of not less
 than [one thousand five hundred] TWO THOUSAND TWO HUNDRED FIFTY  dollars
 nor more than [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars per day
 of  violation  or  by  imprisonment for not more than fifteen days or by
 both such fine and imprisonment.
   b. i. Any person who shall violate paragraph a of this subdivision and
 thereby causes or attempts to cause the release of more than  ten  cubic
 yards  of  solid waste into the environment shall be guilty of a class B
 misdemeanor and, upon conviction thereof, shall be punished by a fine of
 not less than [three thousand seven hundred  fifty]  FIVE  THOUSAND  SIX
 HUNDRED  TWENTY-FIVE  dollars per day nor more than [twenty-two thousand
 five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED FIFTY dollars per  day
 of violation, or by imprisonment for a term in accordance with the penal
 law, or by both such fine and imprisonment.
   ii.  Any  person who shall violate paragraph a of this subdivision and
 thereby causes or attempts to cause the release of more than  ten  cubic
 yards  of  solid waste into the environment, after having been convicted
 of a violation of this subdivision  within  the  preceding  five  years,
 shall  be  guilty of a class A misdemeanor and, upon conviction thereof,
 shall be punished by a fine of  not  less  than  [three  thousand  seven
 hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars per day nor
 more  than  [thirty-seven  thousand five hundred] FIFTY-SIX THOUSAND TWO
 HUNDRED FIFTY dollars per day of violation, or  by  imprisonment  for  a
 term  in  accordance with the penal law, or by both such fine and impri-
 sonment.
   c. i. Any person who shall violate paragraph a of this subdivision and
 thereby causes or attempts to cause the release  of  more  than  seventy
 cubic  yards  of  solid  waste into the environment shall be guilty of a
 class A misdemeanor and, upon conviction thereof, shall be punished by a
 fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
 SIX HUNDRED TWENTY-FIVE dollars per  day  nor  more  than  [thirty-seven
 S. 3008--B                         151

 thousand  five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
 day of violation, or by imprisonment for a term in accordance  with  the
 penal law, or by both such fine and imprisonment.
   ii.  Any  person who shall violate paragraph a of this subdivision and
 thereby causes or attempts to cause the release  of  more  than  seventy
 cubic  yards  of  solid  waste  into  the environment, after having been
 convicted of a violation of this subdivision within the  preceding  five
 years, shall be guilty of a class E felony and, upon conviction thereof,
 shall  be  punished  by  a  fine  of  not less than [seven thousand five
 hundred] ELEVEN THOUSAND TWO HUNDRED FIFTY dollars per day nor more than
 [seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars per  day
 of violation, or by imprisonment for a term in accordance with the penal
 law, or by both such fine and imprisonment.
   3. Additional sanctions. Any person who violates any of the provisions
 of,  or  who fails to perform any duty imposed by title 7 of article 27,
 with regard to the construction and  operation  of  facilities  for  the
 disposal of construction and demolition debris or any rule or regulation
 promulgated  pursuant  thereto,  or any term or condition of any certif-
 icate or permit issued pursuant thereto or any  final  determination  or
 order  of  the  commissioner made pursuant to this title shall be liable
 for a civil penalty not to exceed  [fifteen]  TWENTY-TWO  thousand  FIVE
 HUNDRED dollars and each day of such deposition shall constitute a sepa-
 rate  violation and said civil penalty is in addition to any other fines
 or penalties which may be applied pursuant to this title.
   § 53. Section 71-2705 of the environmental conservation law, as  added
 by  chapter 550 of the laws of 1980, subdivision 1 as amended by section
 30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
 the laws of 2003, is amended to read as follows:
 § 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
              ter.
   1. Civil and administrative sanctions. Any person who violates any  of
 the provisions of, or who fails to perform any duty imposed by titles 9,
 11  and  13 of article 27 or any rule or regulation promulgated pursuant
 thereto, or any term or condition of any certificate  or  permit  issued
 pursuant thereto, or any final determination or order of the commission-
 er  made  pursuant  to this title shall be liable in the case of a first
 violation, for a civil penalty not to exceed [thirty-seven thousand five
 hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an  additional
 penalty  of not more than [thirty-seven thousand five hundred] FIFTY-SIX
 THOUSAND TWO HUNDRED FIFTY  dollars  for  each  day  during  which  such
 violation  continues, to be assessed by the commissioner after an oppor-
 tunity to be heard pursuant to the provisions of section 71-1709 of this
 article, or by the court in any action or proceeding pursuant to section
 71-2727 of this title, and, in addition  thereto,  such  person  may  by
 similar  process  be  enjoined  from  continuing  such violation and any
 permit or certificate issued to such person may be revoked or  suspended
 or a pending renewal application denied. In the case of a second and any
 further  violation,  the  liability  shall be for a civil penalty not to
 exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE  HUNDRED  dollars
 for  each such violation and an additional penalty not to exceed [seven-
 ty-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars for  each  day
 during which such violation continues.
   2.  Criminal  sanctions.  Any  person  who, having any of the culpable
 mental states defined in section 15.05 of the penal law,  shall  violate
 any  of  the  provisions  of or who fails to perform any duty imposed by
 titles 9, 11 and 13 of article 27 or any rules and  regulations  promul-
 S. 3008--B                         152
 
 gated  pursuant  thereto, or any term or condition of any certificate or
 permit issued pursuant thereto, or any final determination or  order  of
 the commissioner made pursuant to this title shall be guilty of a misde-
 meanor  and,  upon  conviction  thereof, shall for a first conviction be
 punished by a fine not to exceed [thirty-seven  thousand  five  hundred]
 FIFTY-SIX  THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
 imprisonment for a term of not more than one year, or both such fine and
 imprisonment. If the conviction is for  an  offense  committed  after  a
 first conviction of such person under this subdivision, punishment shall
 be  by  a  fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
 FIVE HUNDRED dollars per day of violation, or by  imprisonment  for  not
 more than two years or by both such fine and imprisonment.
   §  54. Subdivision 2 of section 71-2721 of the environmental conserva-
 tion law, as amended by section 32 of part C of chapter 62 of  the  laws
 of 2003, is amended to read as follows:
   2.  Fines.  A  sentence  to  pay  a fine shall be a sentence to pay an
 amount fixed by the court, not exceeding the higher of:
   (a) [Three] FOUR hundred FIFTY thousand dollars for a class C felony;
   (b) [Two hundred  twenty-five  thousand]  THREE  HUNDRED  THIRTY-SEVEN
 THOUSAND FIVE HUNDRED dollars for a class D felony;
   (c)  [One hundred fifty thousand] TWO HUNDRED TWENTY-TWO THOUSAND FIVE
 HUNDRED dollars for a class E felony;
   (d)  [Thirty-seven  thousand  five  hundred]  FIFTY-SIX  THOUSAND  TWO
 HUNDRED FIFTY dollars for a class A misdemeanor;
   (e)  [Fifteen]  TWO HUNDRED TWENTY-FIVE thousand dollars for a class B
 misdemeanor; or
   (f) Double the amount of the defendant's gain from the  commission  of
 the crime.
   §  55. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental
 conservation law, subdivision 1 as amended by section 33 and subdivision
 2 as amended by section 34 of part C of chapter 62 of the laws of  2003,
 and  subdivision  5  as  added  by  chapter 152 of the laws of 1990, are
 amended to read as follows:
   1. Any person who knowingly  or  intentionally  violates  any  of  the
 provisions  or  fails  to perform any duty imposed by section 27-1701 of
 this chapter, except the duty to accept a lead-acid battery pursuant  to
 subdivision  four  of  such section, shall be liable for a civil penalty
 not to exceed [seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY  CENTS
 for  each  violation, provided that such civil penalty shall be in addi-
 tion to any other penalties authorized under other state or  local  laws
 governing the illegal disposal of lead-acid batteries.
   2.  Any  retailer  or  distributor  who  refuses to accept a lead-acid
 battery as required pursuant to subdivision four of section  27-1701  of
 this  chapter  shall  be liable for a civil penalty not to exceed [seven
 hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars.
   5. All civil penalties and fines collected for any violation  of  such
 title  seventeen  shall  be paid over to the commissioner for deposit in
 the [general fund] CONSERVATION FUND TO THE CREDIT OF  THE  CONSERVATION
 ENFORCEMENT  ACCOUNT  ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION
 EIGHTY-THREE OF THE STATE FINANCE LAW; provided however, that all  civil
 penalties collected for any violation of such title seventeen which have
 been imposed by the environmental control board of the city of New York,
 or  a  local  adjudicatory  body  pursuant  to  subdivision four of this
 section, shall be paid into an environmental fund of such city or local-
 ity.
 S. 3008--B                         153
 
   § 56. Subdivisions 1 and 2 of section  71-2724  of  the  environmental
 conservation  law,  as  amended  by  chapter 30 of the laws of 2020, are
 amended to read as follows:
   1. Any person who knowingly or intentionally violates any provision of
 or  fails  to  perform  any duty pursuant to title twenty-one of article
 twenty-seven of this chapter, except subdivision one of section  27-2105
 of  this  chapter,  shall  upon the first finding of such a violation be
 liable for a civil penalty not to exceed one hundred FIFTY dollars.  Any
 person convicted of a second or subsequent violation shall be liable for
 a  civil  penalty  not  to exceed [five] SEVEN hundred FIFTY dollars for
 each violation.
   2. Any person who knowingly or  intentionally  violates  or  fails  to
 perform  any  duty imposed by subdivision one of section 27-2105 of this
 chapter shall upon the first finding of such  a  violation  be  provided
 with  educational  materials  describing  the  requirements  for mercury
 disposal and the effects of improper mercury  disposal,  and  be  warned
 that  future  violations  shall  result in the imposition of a fine. Any
 person convicted of a second violation  shall  be  liable  for  a  civil
 penalty not to exceed [fifty] SEVENTY-FIVE dollars. Any person convicted
 of  a  third violation shall be liable for a civil penalty not to exceed
 [seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY  CENTS.  Any  person
 convicted  of  a  fourth  or  subsequent violation shall be liable for a
 civil penalty not to exceed one hundred dollars for each violation.
   § 57. Subdivision 1 of section 71-2728 of the environmental  conserva-
 tion  law,  as  added  by chapter 641 of the laws of 2008, is amended to
 read as follows:
   1. Any person who knowingly or intentionally violates any provision of
 or fails to perform any duty imposed pursuant to title 27 of article  27
 of  this  chapter  shall  upon  the first finding of such a violation be
 provided with a warning that future violations shall result in the impo-
 sition of a fine. Any person convicted of a second  violation  shall  be
 liable  for a civil penalty not to exceed one hundred FIFTY dollars. Any
 person convicted of a third or subsequent violation shall be liable  for
 a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars.
   §  58. Section 71-2729 of the environmental conservation law, as added
 by chapter 99 of the laws of 2010, is amended to read as follows:
 § 71-2729. Enforcement of title 26 of article 27 of this chapter.
   1. a. Any consumer, as defined in title twenty-six of article  twenty-
 seven  of  this  chapter,  who  violates  any  provision of, or fails to
 perform any duty imposed by, section 27-2611 of this chapter,  shall  be
 liable  for  a civil penalty not to exceed one hundred FIFTY dollars for
 each violation.
   b. Any person, except a consumer, manufacturer, or an owner or  opera-
 tor  of  an  electronic  waste collection site, electronic waste consol-
 idation facility, or electronic waste recycling facility as these  terms
 are defined in title twenty-six of article twenty-seven of this chapter,
 who  violates  any  provision,  or  fails to perform any duty imposed by
 section 27-2611 of this chapter, shall be liable for a civil penalty not
 to exceed [two hundred fifty] THREE  HUNDRED  SEVENTY-FIVE  dollars  for
 each violation.
   c.  Any  manufacturer,  or  any  person  operating an electronic waste
 collection site, an electronic waste consolidation facility, or an elec-
 tronic waste recycling facility as those  terms  are  defined  in  title
 twenty-six of article twenty-seven of this chapter, who:
   i.  fails to submit any report, registration, fee, or surcharge to the
 department as required by title twenty-six of  article  twenty-seven  of
 S. 3008--B                         154
 
 this chapter shall be liable for a civil penalty not to exceed one thou-
 sand  FIVE  HUNDRED dollars for each day such report, registration, fee,
 or surcharge is not submitted; and
   ii.  violates any other provision of title twenty-six of article twen-
 ty-seven of this chapter or fails to perform any duty  imposed  by  such
 title,  except  for subdivision four of section 27-2603 of this chapter,
 shall be liable for a civil penalty for each violation not to exceed one
 thousand FIVE HUNDRED dollars for the  first  violation,  [two  thousand
 five  hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for the second
 violation and [five] SEVEN thousand FIVE HUNDRED dollars for  the  third
 and subsequent violations of this title within a twelve-month period.
   d.  Any  retailer,  as defined by section 27-2601 of this chapter, who
 violates any provision of title twenty-six of  article  twenty-seven  of
 this  chapter  or fails to perform any duty imposed by such title, shall
 be liable for a civil penalty for each  violation  not  to  exceed  [two
 hundred   fifty]  THREE  HUNDRED  SEVENTY-FIVE  dollars  for  the  first
 violation, [five] SEVEN hundred FIFTY dollars for the  second  violation
 and  one  thousand  FIVE  HUNDRED  dollars  for the third and subsequent
 violations of this title in a twelve-month period.
   e. Civil penalties under this section shall be assessed by the commis-
 sioner after a hearing or  opportunity  to  be  heard  pursuant  to  the
 provisions  of  section  71-1709 of this article, or by the court in any
 action or proceeding pursuant to this section, and, in addition thereto,
 such person may by similar process  be  enjoined  from  continuing  such
 violation.
   2. All penalties collected pursuant to this section shall be paid over
 to  the  commissioner  for  deposit to the environmental protection fund
 established pursuant to section ninety-two-s of the state finance law.
   § 59. Subdivisions 1 and 3 of section  71-2907  of  the  environmental
 conservation  law,  as  amended  by chapter 285 of the laws of 2000, are
 amended to read as follows:
   1. Administrative sanctions. Except  as  otherwise  provided  in  this
 subdivision, any person who violates any provision of article 33 of this
 chapter  or  any  rule, regulation or order issued thereunder or commits
 any offense described in section 33-1301 of this chapter shall be liable
 to the people of the state for a civil  penalty  not  to  exceed  [five]
 SEVEN  thousand  FIVE  HUNDRED dollars for a first violation, and not to
 exceed [ten] FIFTEEN thousand dollars for a subsequent  offense,  to  be
 assessed by the commissioner after a hearing or opportunity to be heard.
 Notwithstanding  any  provision  of  law  to  the  contrary, an owner or
 owner's agent of a multiple dwelling or owner, owner's agent or a person
 in a position of authority for all other  types  of  premises,  as  such
 terms  are defined in paragraph d of subdivision five of section 33-0905
 of this chapter, who violates any  provision  of  a  local  law  adopted
 pursuant  to subdivision one of section 33-1004 of this chapter relating
 to paragraph b of such subdivision,  and  a  person,  who  violates  any
 provision  of a local law adopted pursuant to subdivision one of section
 33-1004 of this chapter relating to paragraph c of such subdivision, and
 a person who violates the provisions of  subdivision  three  of  section
 three  hundred  ninety-c  of  the social services law shall, for a first
 such violation, in lieu of a penalty, be issued a  written  warning  and
 shall  also  be issued educational materials pursuant to subdivision two
 of section 33-1005 of this chapter. Such person shall,  however,  for  a
 second  violation,  be  liable  to  the  people of the state for a civil
 penalty not to exceed one hundred FIFTY dollars, and not to exceed  [two
 hundred  fifty]  THREE  HUNDRED  SEVENTY-FIVE dollars for any subsequent
 S. 3008--B                         155
 
 violation, such penalties to be assessed by  the  commissioner  after  a
 hearing or opportunity to be heard.
   Notwithstanding  any  provision of law to the contrary, any person who
 violates the provisions of a local law adopted pursuant  to  subdivision
 one  of  section 33-1004 of this chapter relating to paragraph a of such
 subdivision, shall be issued a warning for the first violation and shall
 be provided seven days to correct such violation; and shall be liable to
 the people of the state for a civil penalty not to  exceed  one  hundred
 FIFTY  dollars  for  a  second violation, and not to exceed [two hundred
 fifty] THREE HUNDRED SEVENTY-FIVE dollars for a subsequent violation, to
 be assessed by the commissioner after a hearing  or  opportunity  to  be
 heard.  The commissioner, acting by the attorney general, may bring suit
 for collection of such assessed civil penalty in any court of  competent
 jurisdiction.  Such  civil penalty may be released or compromised by the
 commissioner before the matter has been referred to the attorney  gener-
 al; and where such matter has been referred to the attorney general, any
 such  penalty may be released or compromised and any action commenced to
 recover the same may be settled and discontinued by the attorney general
 with the consent of the commissioner. Any civil penalty assessed by  the
 commissioner  under this subdivision shall be reviewable in a proceeding
 under article 78 of the civil practice law and rules.
   3. Criminal sanctions. Any person  who,  having  the  culpable  mental
 states  defined in subdivision one or two of section 15.05 or in section
 20.20 of the penal law, violates any provision of  article  33  of  this
 chapter  or  any  rule,  regulation  thereunder  or  commits any offense
 described in section 33-1301 of this chapter, except an offense relating
 to the application of a general use  pesticide  shall  be  guilty  of  a
 misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
 not to exceed [five] SEVEN thousand FIVE HUNDRED dollars  for  each  day
 during  which  such violation continues or by imprisonment for a term of
 not more than one year, or by both such fine and  imprisonment.  If  the
 conviction   is  for  a  subsequent  offense  committed  after  a  first
 conviction of such person under this subdivision, punishment shall be by
 a fine not to exceed [ten] FIFTEEN thousand dollars for each day  during
 which such violation continues or by imprisonment for a term of not more
 than  one  year, or by both such fine and imprisonment. When a violation
 consists of the manufacture or production  of  any  prohibited  article,
 each  day  during  which  or  any  part  of  which  such  manufacture or
 production is carried on  or  continued,  shall  be  deemed  a  separate
 violation.  Any  person who violates any provision of article 33 of this
 chapter or any rule or regulation  thereunder  or  commits  any  offense
 described  in  section  33-1301 of this chapter relating to the use of a
 general  use  pesticide  shall  be  guilty  of  a  violation  and,  upon
 conviction  thereof,  shall be punished by a fine not to exceed [twenty-
 five hundred]  THREE  THOUSAND  SEVEN  HUNDRED  FIFTY  dollars.  If  the
 conviction  is  for  a subsequent offense committed after the first such
 conviction of such person under this subdivision, punishment shall be by
 a fine not to exceed [five] SEVEN thousand FIVE HUNDRED dollars.  Prose-
 cution  hereunder may be conducted by either the attorney general or the
 district attorney consistent with section 71-0403 of this article.  With
 respect  to  violations  of  section  33-1004 of this chapter, penalties
 imposed pursuant to this subdivision may  be  assessed  only  against  a
 person providing a commercial lawn application.
   § 60. Section 71-3103 of the environmental conservation law is amended
 to read as follows:
 § 71-3103. Enforcement of article 35.
 S. 3008--B                         156
 
   Any  person  who  violates  any  of the provisions of, or who fails to
 perform any duties imposed by article 35 or any  regulation  promulgated
 by  the  commissioner  thereunder, shall be liable to a civil penalty of
 not more than [twenty-five hundred] THREE THOUSAND SEVEN  HUNDRED  FIFTY
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation. Penalties and injunctive relief
 provided herein shall be recoverable in an action brought by the  Attor-
 ney General at the request and in the name of the commissioner.
   §  61. Subdivision 1 of section 71-3303 of the environmental conserva-
 tion law, as added by chapter 617 of the laws of  1987,  is  amended  to
 read as follows:
   1.  Any  person who violates any provision of, or fails to perform any
 duty imposed by article forty-three of this chapter or any rule or regu-
 lation promulgated pursuant thereto, or any term  or  condition  of  any
 certificate  or  permit  issued  pursuant thereto, or any final determi-
 nation or order of the Lake George  park  commission  made  pursuant  to
 article  forty-three of this chapter shall be liable for a civil penalty
 not to exceed [five] SEVEN hundred FIFTY dollars for each such violation
 and an additional penalty of [five] SEVEN hundred FIFTY dollars for each
 day during which such violation continues, to be assessed  by  the  Lake
 George park commission after an opportunity to be heard, or by the court
 in  any  action  or  proceeding initiated by the attorney general in the
 name of the Lake George  park  commission.  In  addition  thereto,  such
 person  may,  by  similar  process,  be  enjoined  from  continuing such
 violation, and any permit or certificate issued to such  person  may  be
 revoked or suspended, or a pending renewal application denied based upon
 such violation.
   §  62. Section 71-3307 of the environmental conservation law, as added
 by chapter 617 of the laws of 1987, is amended to read as follows:
 § 71-3307. Criminal sanctions.
   Any person who, having any of the culpable mental  states  defined  in
 section  15.05  of the penal law, shall violate any of the provisions of
 or who fails to perform any duty imposed by article forty-three of  this
 chapter  or  any  rules or regulations promulgated thereto, or any final
 determination or order of the Lake George park commission shall be guil-
 ty of a violation, and, upon conviction thereof, shall be punished by  a
 fine not to exceed [five] SEVEN hundred FIFTY dollars for each violation
 and [five] SEVEN hundred FIFTY dollars for each day such violation shall
 continue.
   § 63. Section 71-3501 of the environmental conservation law is amended
 to read as follows:
 § 71-3501. Putting  noisome  or  unwholesome  substances  or maintaining
              noisome business on or near highway.
   A person, who deposits, leaves or keeps, on or near a highway or route
 of public travel, either on the land or on the  water,  any  noisome  or
 unwholesome  substance, or establishes, maintains or carries on, upon or
 near a public highway or route of public travel, either on the  land  or
 on  the  water,  any  business, trade or manufacture which is noisome or
 detrimental to public health, is guilty of a misdemeanor, punishable  by
 a  fine  of  not less than one hundred FIFTY dollars, or by imprisonment
 not less than three nor more than six months, or both.
   § 64. Section  71-3703  of  the  environmental  conservation  law,  as
 amended  by chapter 259 of the laws of 2011, subdivision 4 as amended by
 chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of
 S. 3008--B                         157
 
 the laws of 2021, subdivision 6 as added by chapter 111 of the  laws  of
 2023,  and subdivision 7 as added by chapter 107 of the laws of 2024, is
 amended to read as follows:
 § 71-3703. Enforcement of article 37.
   1.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by section 37-0107 or any  rule  or  regulation
 promulgated  pursuant hereto, shall be liable for a civil penalty not to
 exceed [two thousand five hundred] THREE THOUSAND  SEVEN  HUNDRED  FIFTY
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation.
   2. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0505 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  one thousand FIVE HUNDRED dollars for each day during which such
 violation continues,  and  in  addition  thereto,  such  person  may  be
 enjoined  from continuing such violation. Such person shall for a second
 violation be liable to the people of the state for a civil  penalty  not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   3.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by section 37-0705 or any  rule  or  regulation
 promulgated  pursuant hereto, shall be liable for a civil penalty not to
 exceed one thousand FIVE HUNDRED dollars for each day during which  such
 violation  continues,  and  in  addition  thereto,  such  person  may be
 enjoined from continuing such violation. Such person shall for a  second
 violation  be  liable to the people of the state for a civil penalty not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   4. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0117 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  one thousand FIVE HUNDRED dollars for each day during which such
 violation continues,  and  in  addition  thereto,  such  person  may  be
 enjoined  from continuing such violation. Such person shall for a second
 violation be liable to the people of the state for a civil  penalty  not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   5.  Any  person  who violates any of the provisions of or who fails to
 perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
 or any rule or regulation promulgated pursuant hereto, shall  be  liable
 for  a civil penalty not to exceed one thousand FIVE HUNDRED dollars for
 each day during which such violation continues, and in addition thereto,
 such person may be enjoined from continuing such violation. Such  person
 shall  for a second violation be liable to the people of the state for a
 civil penalty not to exceed [two thousand five hundred]  THREE  THOUSAND
 SEVEN  HUNDRED  FIFTY  dollars  for each day during which such violation
 continues.
   6. Any person who violates any of the provisions of, or who  fails  to
 perform  any duty imposed by section 37-0121 of this chapter or any rule
 or regulation promulgated pursuant hereto, shall be liable for  a  civil
 penalty  not  to  exceed  one thousand FIVE HUNDRED dollars for each day
 during which such violation continues, and  in  addition  thereto,  such
 person may be enjoined from continuing such violation. Such person shall
 for  a second violation be liable to the people of the state for a civil
 S. 3008--B                         158
 
 penalty not to exceed [two thousand five hundred] THREE  THOUSAND  SEVEN
 HUNDRED  FIFTY  dollars for each day during which such violation contin-
 ues.
   7.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by section 37-1101 of this chapter or any  rule
 or  regulation  promulgated pursuant hereto, shall be liable for a civil
 penalty not to exceed one thousand FIVE HUNDRED  dollars  for  each  day
 during  which  such  violation  continues, and in addition thereto, such
 person may be enjoined from continuing such violation. Such person shall
 for a second violation be liable to the people of the state for a  civil
 penalty  not  to exceed [two thousand five hundred] THREE THOUSAND SEVEN
 HUNDRED FIFTY dollars for each day during which such  violation  contin-
 ues.
   §  65. Subdivision 1 of section 71-3705 of the environmental conserva-
 tion law, as amended by chapter 43 of the laws of 2020,  is  amended  to
 read as follows:
   1.  Any  person  who violates any provision of or fails to perform any
 duty imposed by section 37-0115 of this chapter  shall  upon  the  first
 finding  of such a violation be liable for a civil penalty not to exceed
 [five hundred] SEVEN HUNDRED  FIFTY  dollars  for  each  violation.  Any
 person convicted of a second or subsequent violation shall be liable for
 a civil penalty not to exceed [twenty-five hundred] THREE THOUSAND SEVEN
 HUNDRED FIFTY dollars for each violation.
   §  66. Section 71-3803 of the environmental conservation law, as added
 by chapter 713 of the laws of 1975, is amended to read as follows:
 § 71-3803. Enforcement of article thirty-eight.
   Any person who violates any of the provisions  of,  or  who  fails  to
 perform  any  duty  imposed  by  article  thirty-eight or any regulation
 promulgated by the commissioner thereunder, shall be liable to  a  civil
 penalty  of  not  more  than  [twenty-five hundred] THREE THOUSAND SEVEN
 HUNDRED FIFTY dollars for each such violation and an additional  penalty
 of  not more than [five] SEVEN hundred FIFTY dollars for each day during
 which such violation continues, and, in addition  thereto,  such  person
 may be enjoined from continuing such violation. Penalties and injunctive
 relief  provided herein shall be recoverable in an action brought by the
 attorney general acting alone or at the request of the commissioner.
   § 67. Section 71-3903 of the environmental conservation law, as  added
 by chapter 732 of the laws of 1980, is amended to read as follows:
 § 71-3903. Violations; penalties.
   1.  Administrative  sanctions.  Any  person  who violates, disobeys or
 disregards any provision of article thirty-nine shall be liable  to  the
 people  of  the  state for a civil penalty of not to exceed [three] FOUR
 thousand FIVE HUNDRED dollars for every such violation, to  be  assessed
 by  the  commissioner  after  a  hearing or opportunity to be heard. The
 penalty may be recovered in an action brought by the commissioner in any
 court of competent jurisdiction. Such civil penalty may be  released  or
 [comprised]  COMPROMISED  by the commissioner before the matter has been
 referred to the  attorney  general;  and  where  such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 [comprised] COMPROMISED and any action commenced to recover the same may
 be settled and discontinued by the attorney general with the consent  of
 the  commissioner.  In  addition,  the  commissioner  shall  have power,
 following a hearing,  to  direct  the  violator  to  cease  [his]  THEIR
 violation  of  article thirty-nine and, where appropriate, to recall any
 sewage system cleaners or additives sold or distributed in violation  of
 said article. Any such order of the commissioner shall be enforceable in
 S. 3008--B                         159
 
 an  action  brought by the commissioner in any court of competent juris-
 diction. Any civil penalty or order issued  by  the  commissioner  under
 this  subdivision  shall  be  reviewable  in  a proceeding under article
 seventy-eight of the civil practice law and rules commenced within thir-
 ty days of such penalty or order.
   2. Criminal sanctions. Any person who knowingly violates any provision
 of  section  39-0105 of this chapter shall, in addition to the sanctions
 provided in subdivision one of this section, for the first  offense,  be
 guilty of a violation punishable by a fine of not less than [five] SEVEN
 hundred  FIFTY  nor  more  than one thousand FIVE HUNDRED dollars; for a
 second and each subsequent offense [he] SUCH PERSON shall be guilty of a
 misdemeanor punishable by a fine of not  less  than  one  thousand  FIVE
 HUNDRED  nor  more  than [three] FOUR thousand FIVE HUNDRED dollars or a
 term of imprisonment of not more than six months or both. In addition to
 or instead of these sanctions, any offender shall be punishable by being
 ordered by the court to recall any sewage system cleaners  or  additives
 sold or distributed in violation of article thirty-nine. The court shall
 specify a reasonable time for the completion of the recall. Each offense
 shall  be a separate and distinct offense and, in the case of a continu-
 ing offense, each day's continuance thereof shall be deemed  a  separate
 and distinct offense.
   §  68. Section 71-3905 of the environmental conservation law, as added
 by chapter 732 of the laws of 1980, is amended to read as follows:
 § 71-3905. Enforcement.
   The attorney general or a district attorney, at  the  request  of  the
 attorney  general or the commissioner, may prosecute persons who violate
 article thirty-nine. In addition the attorney general,  on  [his]  THEIR
 own  initiative  or  at  the request of the commissioner, shall have the
 right to recover a civil penalty of not to exceed [three] FOUR  thousand
 FIVE  HUNDRED dollars for every violation of any provision of said arti-
 cle, and to seek equitable relief to restrain any violation  or  threat-
 ened  violation  of such article and to require the recall of any sewage
 system cleaners or additives sold or distributed in  violation  of  said
 article.
   §  69.  Section  71-4001  of  the  environmental  conservation law, as
 amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
 follows:
 § 71-4001. General criminal penalty.
   Except as otherwise specifically provided elsewhere in this chapter or
 in  the penal law, (a) a person who violates any provision of this chap-
 ter, or any rule, regulation or order promulgated pursuant  thereto,  or
 the terms or conditions of any permit issued thereunder, shall be guilty
 of  a  violation;  (b)  each  day  on  which such violation occurs shall
 constitute a separate violation; and (c) for  each  such  violation  the
 person  shall  be  subject  upon conviction to imprisonment for not more
 than fifteen days or to a fine of not  more  than  [nine]  ONE  THOUSAND
 THREE hundred FIFTY dollars, or to both such imprisonment and such fine.
   §  70.  Section  71-4003  of  the  environmental  conservation law, as
 amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
 follows:
 § 71-4003. General civil penalty.
   Except as otherwise specifically provided elsewhere in this chapter, a
 person  who  violates  any provision of this chapter, or any rule, regu-
 lation or order promulgated pursuant thereto, or the terms or conditions
 of any permit issued thereunder, shall be liable to a civil  penalty  of
 not more than one thousand FIVE HUNDRED dollars, and an additional civil
 S. 3008--B                         160
 
 penalty  of not more than one thousand FIVE HUNDRED dollars for each day
 during which each such violation continues. Any civil  penalty  provided
 for  by  this chapter may be assessed following a hearing or opportunity
 to be heard.
   §  71.  Section  71-4103  of  the  environmental  conservation law, as
 amended by chapter 608 of the laws  of  1993,  is  amended  to  read  as
 follows:
 § 71-4103. Enforcement of article seventy-two.
   Any  person  who violates any of the provisions of article seventy-two
 of this chapter or  the  regulations  promulgated  thereunder  shall  be
 liable for a civil penalty of up to one thousand FIVE HUNDRED dollars in
 addition  to  any  amount  assessed as a penalty pursuant to subdivision
 five of section 72-0201 of this chapter,  except  that  any  person  who
 fails  to  pay fees required pursuant to section 72-0303 of this chapter
 shall be subject to penalty provisions pursuant to subdivision twelve of
 section 72-0201 of this chapter.
   § 72. Section 71-4303 of the environmental conservation law, as  added
 by chapter 672 of the laws of 1986, is amended to read as follows:
 § 71-4303. Violations of article forty of this chapter.
   1.  Civil and administrative sanctions. Any person who violates any of
 the provisions of, or who fails to perform any duty imposed by,  article
 forty  of this chapter or any rule or regulation promulgated thereunder,
 or any terms or conditions of any certificate or permit issued  pursuant
 thereto,  or  any  final determination or order of the commissioner made
 pursuant to this title, shall be liable in the case of a  civil  penalty
 not  to  exceed  twenty-five  thousand FIVE HUNDRED dollars and an addi-
 tional penalty of not  more  than  [twenty-five  thousand]  THIRTY-SEVEN
 THOUSAND  FIVE  HUNDRED dollars for each day during which such violation
 continues, to be assessed by the commissioner after an opportunity to be
 heard pursuant to the provisions of section 71-1709 of this  article  or
 by  a  court in any action or proceeding pursuant to this title, and, in
 addition thereto such person may by similar  process  be  enjoined  from
 continuing  such  violation.  In  addition, upon the provision of notice
 stating the grounds for its action and giving an opportunity  for  hear-
 ing,  the  commissioner  may  revoke, suspend or deny a certificate or a
 renewal of a certificate issued pursuant to article forty of this  chap-
 ter.  In  the  case  of a second violation, the liability shall be for a
 civil penalty not to exceed [fifty] SEVENTY-FIVE  thousand  dollars  for
 such  violation and an additional penalty not to exceed [fifty] SEVENTY-
 FIVE thousand dollars for each day during which such  violation  contin-
 ues.
   2.  Criminal  sanctions.  Any  person  who, having any of the culpable
 mental states defined in section 15.05 of the penal law,  shall  violate
 any  of  the  provisions  of or who fails to perform any duty imposed by
 article forty of this chapter or any rules  or  regulations  promulgated
 pursuant  thereto, or any term or condition of any certificate or permit
 issued pursuant thereto, or any final  determination  or  order  of  the
 commissioner  made pursuant to this title shall be guilty of a misdemea-
 nor and, upon conviction  thereof,  shall  for  a  first  conviction  be
 punished  by  a  fine  not to exceed [twenty-five] THIRTY-SEVEN thousand
 FIVE HUNDRED dollars per day of violation or by imprisonment for a  term
 of not more than one year, or by both such fine and imprisonment. If the
 conviction  is for an offense committed after a first conviction of such
 person under this subdivision, punishment shall be  by  a  fine  not  to
 exceed [fifty] SEVENTY-FIVE thousand dollars per day of violation, or by
 S. 3008--B                         161
 
 imprisonment for not more than two years or by both such fine and impri-
 sonment.
   §  73. Section 71-4402 of the environmental conservation law, as added
 by chapter 180 of the laws of 1989, is amended to read as follows:
 § 71-4402. Violations of title 15 of article 27 of this chapter.
   1. Civil and administrative sanctions.
   Any person who violates any of the provisions  of,  or  who  fails  to
 perform  any  duty imposed by title 15 of article 27 of this chapter, or
 any rule or regulation promulgated pursuant  thereto,  or  any  term  or
 condition  of  any certificate or permit issued pursuant thereto, or any
 final determination or order of the commissioner made pursuant  to  this
 title  shall  be  liable  in  the case of a first violation, for a civil
 penalty not to exceed [twenty-five] THIRTY-SEVEN thousand  FIVE  HUNDRED
 dollars  and  an additional penalty of not more than [twenty-five] THIR-
 TY-SEVEN thousand FIVE HUNDRED dollars for each day  during  which  such
 violation  continues, to be assessed by the commissioner after an oppor-
 tunity to be heard pursuant to the provisions of section 71-1709 of this
 chapter, or by the court in any action or proceeding pursuant to section
 71-2727 of this chapter, and, in addition thereto, such persons  may  by
 similar  process  be  enjoined  from  continuing  such violation and any
 permit or certificate issued to such person may be revoked or  suspended
 or a pending renewal application denied. In the case of a second and any
 further  violation,  the  liability  shall be for a civil penalty not to
 exceed [fifty] SEVENTY-FIVE thousand dollars for each such violation and
 an additional  penalty  not  to  exceed  [fifty]  SEVENTY-FIVE  thousand
 dollars for each day during which such violation continues.
   2. Criminal sanctions.
   a.  Any  person  who violates any of the provisions of or who fails to
 perform any duty imposed by title 15 of article 27 of  this  chapter  or
 any  rules  and regulations promulgated pursuant thereto, or any term or
 condition of any certificate or permit issued pursuant thereto,  or  any
 final  determination  or order of the commissioner made pursuant to this
 title shall be guilty of a violation and, upon conviction thereof, shall
 be punished by a fine not to exceed [five] SEVEN thousand  FIVE  HUNDRED
 dollars  per day of violation, or by imprisonment for a term of not more
 than fifteen days, or by both such fine and imprisonment.
   b. Any person  who,  intentionally,  knowingly,  or  recklessly  shall
 violate  any  of  the  provisions  of  or  who fails to perform any duty
 imposed by title 15 of article 27 of this chapter or any rules and regu-
 lations promulgated pursuant thereto, or any term or  condition  of  any
 certificate  or  permit  issued  pursuant thereto, or any final determi-
 nation or order of the commissioner made pursuant to this title shall be
 guilty of a class B misdemeanor and, upon conviction thereof, shall  for
 a  first  conviction be punished by a fine not to exceed [fifteen] TWEN-
 TY-TWO thousand FIVE HUNDRED dollars per day of violation or  by  impri-
 sonment  for  a term of not more than ninety days, or both such fine and
 imprisonment.  If the conviction is for an  offense  committed  after  a
 first conviction of such person under this paragraph, within the preced-
 ing five years, such person shall be guilty of a class A misdemeanor and
 upon  conviction,  punishment  shall  be by a fine not to exceed [fifty]
 SEVENTY-FIVE thousand FIVE HUNDRED dollars per day of violation,  or  by
 imprisonment  for not more than one year or by both such fine and impri-
 sonment.
   § 74. Subdivision 2 of section 71-4411 of the environmental  conserva-
 tion  law,  as  added  by chapter 180 of the laws of 1989, is amended to
 read as follows:
 S. 3008--B                         162
 
   2. Fines. A sentence to pay a fine shall be  a  sentence  to  pay  any
 amount fixed by the court, not exceeding the higher of:
   (a) [one hundred fifty] TWO HUNDRED TWENTY-FIVE thousand dollars for a
 class D felony;
   (b) one hundred FIFTY thousand dollars for a class E felony;
   (c) [fifty] SEVENTY-FIVE thousand dollars for a class A misdemeanor;
   (d)  [fifteen]  TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
 misdemeanor; or
   (e) double the amount of the defendant's gain from the  commission  of
 the crime.
   §  75.  The  opening  paragraph of subdivision 5 and subdivision 12 of
 section 72-0201 of the environmental conservation law, the opening para-
 graph of subdivision 5 as added by chapter 15 of the laws of  1983,  and
 subdivision  12 as added by chapter 608 of the laws of 1993, are amended
 to read as follows:
   If the amount of the fee is not paid within  forty-five  days  of  the
 last  date  prescribed under subdivision four of this section, a penalty
 shall be imposed on such deficiency. The amount of  such  penalty  shall
 not  exceed  [five]  SEVEN  AND  ONE HALF percent of such deficiency per
 month and the total penalty shall not exceed twenty-five percent of  the
 deficiency.
   12.  Notwithstanding  any  other provision of this section, any person
 who fails to pay fees required pursuant to section 72-0303 of this arti-
 cle shall pay a penalty of [fifty] SEVENTY-FIVE per centum of the unpaid
 fee amount, plus interest on the unpaid fee amount computed  in  accord-
 ance  with section 6621(a)(2) of the United States internal revenue code
 of 1986 (Public Law 99-514, 26 U.S.C. section 1 et seq.) from  the  date
 the fee was required to be paid.
   §  76.  Subdivisions  2  and 3 of section 57-0136 of the environmental
 conservation law, as amended by chapter 289 of the  laws  of  2006,  are
 amended to read as follows:
   2.  Civil penalties. (a) For a violation that takes place in the "core
 preservation area" as defined in subdivision eleven of  section  57-0107
 of  this title, any person who violates any provision of this title, the
 land use plan adopted by the commission, any regulation  promulgated  by
 the  commission,  or  the  terms  or conditions of any order, permit, or
 determination issued by the commission pursuant to this title  shall  be
 liable for a civil penalty of not more than [twenty-five thousand] THIR-
 TY-SEVEN  THOUSAND  FIVE HUNDRED dollars for each violation and an addi-
 tional civil penalty of not more than one thousand FIVE HUNDRED  dollars
 for each day that such violation continues.
   (b)  For  a violation that takes place in the "compatible growth area"
 as defined in subdivision twelve of section 57-0107 of this  title,  any
 person  who  violates  any  provision  of  this title, the land use plan
 adopted by the commission, any regulation promulgated by the commission,
 or the terms or conditions of any order, permit, or determination issued
 by the commission pursuant to this title shall be  liable  for  a  civil
 penalty  of  not  more  than  [ten]  FIFTEEN  thousand  dollars for each
 violation and an additional civil penalty of not more than one  thousand
 FIVE HUNDRED dollars for each day that such violation continues.
   3.  Criminal  penalties.  (a)  For a violation that takes place in the
 "core preservation area" as defined in  subdivision  eleven  of  section
 57-0107  of  this  title,  any  person  who  willfully  or intentionally
 violates any provision of this title, the land use plan adopted  by  the
 commission,  any  regulation promulgated by the commission, or the terms
 or conditions of any order,  permit,  or  determination  issued  by  the
 S. 3008--B                         163
 
 commission  pursuant  to  this  title  shall  be guilty of a misdemeanor
 punishable by a fine of not more than [twenty-five thousand] THIRTY-SEV-
 EN THOUSAND FIVE HUNDRED dollars for each violation  and  an  additional
 fine  of  not  more  than one thousand FIVE HUNDRED dollars for each day
 that such violation continues.
   (b) For a violation that takes place in the "compatible  growth  area"
 as  defined  in subdivision twelve of section 57-0107 of this title, any
 person who willfully or intentionally violates  any  provision  of  this
 title,  the  land  use  plan  adopted  by the commission, any regulation
 promulgated by the commission, or the terms or conditions of any  order,
 permit, or determination issued by the commission pursuant to this title
 shall  be  guilty of a misdemeanor punishable by a fine of not more than
 [ten] FIFTEEN thousand dollars for each violation and an additional fine
 of not more than one thousand FIVE HUNDRED dollars  for  each  day  that
 such violation continues.
   §  77. Subdivision 1 of section 37-0211 of the environmental conserva-
 tion law, as added by chapter 286 of the laws of 1990, such  section  as
 renumbered  by  chapter  307  of the laws of 2020, is amended to read as
 follows:
   1. A violation of any of the provisions of this title or any  rule  or
 regulation  promulgated pursuant thereto shall be punishable in the case
 of a first violation, by a civil penalty not  to  exceed  [ten]  FIFTEEN
 thousand dollars. In the case of a second and any further violation, the
 liability  shall be for a civil penalty not to exceed [twenty-five thou-
 sand] THIRTY-SEVEN THOUSAND FIVE HUNDRED dollars for each violation.
   § 78. Section  33-0925  of  the  environmental  conservation  law,  as
 amended  by  chapter  43  of  the  laws  of  2007, is amended to read as
 follows:
 § 33-0925. Sanctions.
   Notwithstanding any other provision of law or regulation  pursuant  to
 this  title  and/or  any  provision of this article as it relates to the
 application of aquatic antifouling paints, any person who  violates  any
 provision  of  this title or any rule, regulation or order issued there-
 under shall be liable to the people of this state for a civil penalty of
 up to one thousand FIVE HUNDRED dollars for  a  first  violation  to  be
 assessed by the commissioner after a hearing or opportunity to be heard.
 In  determining  the  amount of the penalty, the commissioner shall take
 into account whether the violation posed  an  immediate  threat  to  the
 environment  or  the  health  and  safety  of the public. Any subsequent
 violation of this title and/or any  provision  of  this  article  as  it
 relates  to  the  application  of  aquatic  antifouling  paints would be
 subject to the appropriate sanctions pursuant to  sections  71-2907  and
 71-2911 of this chapter.
   §  79. Subdivisions 1, 2 and 3 of section 27-1809 of the environmental
 conservation law, as added by chapter 562  of  the  laws  of  2010,  are
 amended to read as follows:
   1.  Any  person who violates the provisions of section 27-1805 of this
 title shall be liable for a civil  penalty  in  the  amount  of  [fifty]
 SEVENTY-FIVE  dollars for the first violation, one hundred FIFTY dollars
 for a second  violation  committed  within  twelve  months  of  a  prior
 violation  and  [two]  THREE  hundred  dollars for a third or subsequent
 violation committed within twelve months of any prior violation.
   2. Any retailer as that term is defined in  section  27-1803  of  this
 title,  who  violates  the  provisions  of section 27-1807 of this title
 shall be liable for a civil penalty in the amount of [two] THREE hundred
 dollars for the first violation, [four] SIX hundred dollars for a second
 S. 3008--B                         164
 
 violation committed within twelve months of a prior violation, and [five
 hundred] SEVEN HUNDRED FIFTY dollars for a third or subsequent violation
 committed within twelve months of any prior violation.
   3.  Any  battery  manufacturer,  as  that  term  is defined in section
 27-1803 of this title, who violates the provisions of section 27-1807 of
 this title shall be liable for a civil penalty in the  amount  of  [two]
 THREE  thousand  dollars  for  the  first violation, [four] SIX thousand
 dollars for a second violation committed within twelve months of a prior
 violation, and [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars for a
 third or subsequent violation committed  within  twelve  months  of  any
 prior violation.
   §  80. Paragraph a of subdivision 9 of section 27-1012 of the environ-
 mental conservation law, as added by section 8 of part SS of chapter  59
 of the laws of 2009, is amended to read as follows:
   a.  Any person required to be registered under this section who, with-
 out being so registered, sells or offers for sale beverage containers in
 this state, in addition to any other  penalty  imposed  by  this  title,
 shall  be  subject  to  a  penalty to be assessed by the commissioner of
 taxation and finance in an amount not to  exceed  [five  hundred]  SEVEN
 HUNDRED  FIFTY  dollars  for the first day on which such sales or offers
 for sale are made, plus an amount not to  exceed  [five  hundred]  SEVEN
 HUNDRED  FIFTY  dollars  for  each subsequent day on which such sales or
 offers for sale are made, not to exceed [twenty-five  thousand]  THIRTY-
 SEVEN THOUSAND FIVE HUNDRED dollars in the aggregate.
   §  81.  Subdivisions  1, 2, 3 and 4 of section 27-1015 of the environ-
 mental conservation law, as amended by section 8 of part F of chapter 58
 of the laws of 2013, are amended to read as follows:
   1. Except as otherwise provided in this section and section 27-1012 of
 this title, any person who shall violate any  provision  of  this  title
 shall be liable to the state of New York for a civil penalty of not more
 than [five hundred] SEVEN HUNDRED FIFTY dollars, and an additional civil
 penalty  of not more than [five hundred] SEVEN HUNDRED FIFTY dollars for
 each day during which each such violation continues. Any  civil  penalty
 may be assessed following a hearing or opportunity to be heard.
   2. Any distributor, deposit initiator, redemption center or dealer who
 violates  any  provision  of  this  title, except as provided in section
 27-1012 of this title, shall be liable to the state of New  York  for  a
 civil penalty of not more than one thousand FIVE HUNDRED dollars, and an
 additional  civil  penalty  of  not  more than one thousand FIVE HUNDRED
 dollars for each day during which each  such  violation  continues.  Any
 civil  penalty  may be assessed following a hearing or opportunity to be
 heard.
   3. It shall be unlawful for a distributor or deposit initiator, acting
 alone or aided by another, to return any empty beverage container  to  a
 dealer  or  redemption center for its refund value if the distributor or
 deposit initiator had previously accepted such beverage  container  from
 any  dealer  or operator of a redemption center or if such container was
 previously accepted by a reverse vending machine. A  violation  of  this
 subdivision shall be a misdemeanor punishable by a fine of not less than
 [five  hundred]  SEVEN  HUNDRED FIFTY dollars nor more than one thousand
 FIVE HUNDRED dollars and an amount equal to  two  times  the  amount  of
 money received as a result of such violation.
   4.  Any person who willfully tenders to a dealer, distributor, redemp-
 tion center or deposit initiator more than  forty-eight  empty  beverage
 containers for which such person knows or should reasonably know that no
 deposit  was  paid in New York state may be assessed by the department a
 S. 3008--B                         165
 
 civil penalty of up to one hundred FIFTY dollars for each  container  or
 up  to [twenty-five thousand] THIRTY-SEVEN THOUSAND FIVE HUNDRED dollars
 for each such tender of containers. At  each  location  where  a  person
 tenders  containers  for redemption, dealers and redemption centers must
 conspicuously display a sign in letters that are at least  one  inch  in
 height  with the following information: "WARNING:  Persons tendering for
 redemption containers on which a deposit was never paid  in  this  state
 may be subject to a civil penalty of up to one hundred FIFTY dollars per
 container  or  up  to  [twenty-five thousand] THIRTY-SEVEN THOUSAND FIVE
 HUNDRED dollars for each such tender of containers." Any  civil  penalty
 may be assessed following a hearing or opportunity to be heard.
   §  82. Subdivision 1 of section 27-2807 of the environmental conserva-
 tion law, as added by section 2 of part H of chapter 58 of the  laws  of
 2019, is amended to read as follows:
   1.  Any  person  required to collect tax who violates any provision of
 section 27-2803 of this title shall receive a  warning  notice  for  the
 first  such  violation. A person required to collect tax shall be liable
 to the state of New York for a civil  penalty  of  [two  hundred  fifty]
 THREE HUNDRED SEVENTY-FIVE dollars for the first violation after receiv-
 ing  a  warning  and  [five hundred] SEVEN HUNDRED FIFTY dollars for any
 subsequent violation in the same calendar year.   For purposes  of  this
 section,  each  commercial transaction shall constitute no more than one
 violation. A hearing or opportunity to be heard shall be provided  prior
 to the assessment of any civil penalty.
   §  83. Subdivision 1 of section 27-3205 of the environmental conserva-
 tion law, as added by chapter 734 of the laws of  2021,  is  amended  to
 read as follows:
   1.  A  hotel  that  violates a provision of this title shall receive a
 warning notice for the  first  such  violation,  detailing  the  hotel's
 requirement  to  correct  the violation within thirty days from the date
 the notice is sent. A hotel shall be liable to the  state  for  a  civil
 penalty  of  [two  hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for
 the first violation after receiving a warning and failing to correct the
 violation within thirty days and  [five  hundred]  SEVEN  HUNDRED  FIFTY
 dollars  for any subsequent violation in the same calendar year. A hear-
 ing or opportunity to be heard shall be provided prior to the assessment
 of any civil penalty.
   § 84. Section  27-3317  of  the  environmental  conservation  law,  as
 amended  by  chapter  82  of  the  laws  of  2023, is amended to read as
 follows:
 § 27-3317. Penalties.
   Any producer, representative organization, or  retailer  who  violates
 any  provision  of or fails to perform any duty imposed pursuant to this
 title shall be liable for a civil penalty not to exceed  [five  hundred]
 SEVEN HUNDRED FIFTY dollars for each violation and an additional penalty
 of not more than [five hundred] SEVEN HUNDRED FIFTY dollars for each day
 during  which  such  violation  continues.    Civil  penalties  shall be
 assessed by the department after a hearing or opportunity  to  be  heard
 pursuant to the provisions of section 71-1709 of this chapter.
   §  85. Subdivision 6 of section 27-3309 of the environmental conserva-
 tion law, as added by chapter 795 of the laws of  2022,  is  amended  to
 read as follows:
   6.  Starting  four  years after the plan is approved by the department
 pursuant to this section, the  department  shall  impose  a  penalty  of
 [twenty-five] THIRTY-EIGHT cents per pound to be assessed on the produc-
 er or representative organization for the number of additional pounds of
 S. 3008--B                         166
 
 carpet  that  would  have  needed  to be recycled through the program to
 achieve the performance goals  specified  in  the  approved  stewardship
 plan.  All  penalties  collected  pursuant to this section shall be paid
 over  to  the  commissioner  for deposit to the environmental protection
 fund established pursuant to section ninety-two-s of the  state  finance
 law.
   §  86. Subdivision 4 of section 23-1715 of the environmental conserva-
 tion law, as amended by chapter 233 of the laws of 1979, is  amended  to
 read as follows:
   4. In the event of the failure of the holder of an environmental safe-
 ty  permit  issued under section 23-1707 OF THIS TITLE, of route certif-
 ication under section 23-1713 OF THIS  TITLE,  or  of  a  non-conforming
 facility  under  section  23-1719 OF THIS TITLE to comply with the terms
 thereof or the provisions of the rules  and  regulations  adopted  under
 article  70  of  this  chapter, the department may revoke said permit or
 certificate pursuant to the provisions of article 70 of this chapter and
 impose upon the holder of such permit or certificate a civil penalty  of
 up  to one thousand FIVE HUNDRED dollars for each day the holder thereof
 has failed to comply with this title or a permit or  certificate  issued
 hereunder,  together  with  the  allocated  costs  of the revocation and
 enforcement proceeding itself.
   § 87. Subdivisions 4 and 5 of section  19-0320  of  the  environmental
 conservation law, as added by chapter 621 of the laws of 1998, the open-
 ing  paragraph  of subdivision 4 as amended by section 1 and the opening
 paragraph of subdivision 5 as amended by section 2 of part W1 of chapter
 62 of the laws of 2003, are amended to read as follows:
   4. Notwithstanding the  provisions  of  title  twenty-one  of  article
 seventy-one  of  this  chapter, operation of a heavy duty vehicle which,
 when tested, exceeds emission levels set forth in regulations promulgat-
 ed pursuant to this section shall be  a  violation,  and  the  following
 penalties  shall  apply  to  any violation found as a result of roadside
 emissions inspections:
   a. First violation:                    [$ 700.00] $1050.00
      Second and subsequent violations:   [$1300.00] $1950.00.
   b. The penalties set forth in paragraph a of this subdivision shall be
 reduced to [one hundred fifty] TWO HUNDRED TWENTY-FIVE dollars  for  the
 first  violation  and [five hundred] SEVEN HUNDRED FIFTY dollars for the
 second and subsequent violations by the court or administrative tribunal
 before which the summons or  appearance  ticket  is  returnable  if  the
 violation set forth in the summons or appearance ticket is corrected not
 later  than  thirty days after the issuance of the summons or appearance
 ticket and proof of such correction, as defined in paragraph c  of  this
 subdivision,  is  submitted to the court or administrative tribunal. The
 penalties described in this section shall not apply to vehicles  defined
 by section one hundred forty-two of the vehicle and traffic law or owned
 by  a  county, town, city, or village for a first violation provided the
 vehicle is repaired within thirty days of ticket issuance.
   c. Acceptable proof of repair or adjustment shall be submitted to  the
 court  or  administrative  tribunal  on or before the return date of the
 summons or appearance ticket in a form and manner  prescribed  by  regu-
 lations adopted pursuant to this section.
   5.  Notwithstanding  the  provisions  of  title  twenty-one of article
 seventy-one of this chapter, operation of any heavy duty vehicle  regis-
 tered  or  required to be registered in this state without a certificate
 of inspection resulting from an annual inspection as required  by  regu-
 S. 3008--B                         167
 
 lations  adopted  pursuant to this section shall be a violation, and the
 following violation structure shall apply to such violations:
   a. First violation:                    [$ 700.00] $1050.00
      Second and subsequent violations:   [$1300.00] $1950.00.
   b.  The  penalties defined in paragraph a of this subdivision shall be
 reduced to [three hundred fifty] FIVE HUNDRED  TWENTY-FIVE  dollars  for
 the  first  violation and [seven hundred fifty] ONE THOUSAND ONE HUNDRED
 TWENTY-FIVE dollars for second and subsequent violations, provided  that
 the  vehicle  in question bears a certificate which was valid within the
 last thirty days. The penalties described  in  this  section  shall  not
 apply to vehicles defined by section one hundred forty-two or owned by a
 county,  town,  city,  or  village  of the vehicle and traffic law for a
 first violation provided the vehicle is repaired within thirty  days  of
 ticket issuance.
   §  88. Subdivision 6 of section 17-1745 of the environmental conserva-
 tion law, as added by chapter 199 of the laws of  1999,  is  amended  to
 read as follows:
   6.  Penalties.  Failure  to comply with the provisions of this section
 shall result in fines of [two hundred fifty] THREE HUNDRED  SEVENTY-FIVE
 dollars per day for each violation.
   §  89.  Section  15-2723  of  the  environmental  conservation law, as
 amended by chapter 613 of the laws  of  1975,  is  amended  to  read  as
 follows:
 § 15-2723. Penalties and enforcement.
   Any  person who violates any provision of this title or any regulation
 or order issued pursuant to this act by the commissioner or  the  agency
 may be compelled to comply with or obey the same by injunction, mandamus
 or  other  appropriate  remedy. In addition, any such person shall pay a
 civil penalty of not less than one hundred FIFTY dollars  or  more  than
 one  thousand  FIVE  HUNDRED dollars for each day of such violation. The
 commissioner or the agency as the case may be, is authorized to commence
 a civil action to recover such  civil  penalties  or  other  appropriate
 relief.
   §  90. Subdivision 2 of section 11-1209 of the environmental conserva-
 tion law, as added by chapter 726 of the laws of  1977,  is  amended  to
 read as follows:
   2. Whoever shall hunt while in an intoxicated condition or while [his]
 THEIR  ability  to hunt is impaired by the use of a drug shall be guilty
 of a misdemeanor, punishable by imprisonment in a penitentiary or county
 jail for not more than one year, or by a fine of  not  more  than  [five
 hundred] SEVEN HUNDRED FIFTY dollars, or by both such fine and imprison-
 ment.
   §  91. Subdivision 3 of section 11-0538 of the environmental conserva-
 tion law, as added by chapter 307 of the laws of  2014,  is  amended  to
 read as follows:
   3.  Any  person  who  violates the provisions of this section shall be
 subject to a penalty of not more than [five hundred] SEVEN HUNDRED FIFTY
 dollars for the first offense  and  not  more  than  one  thousand  FIVE
 HUNDRED  dollars  for a second and subsequent offenses. Each instance of
 allowing direct contact of a big cat with the  public  in  violation  of
 this section shall constitute a separate offense.
   §  92. Subdivision 9 of section 11-0512 of the environmental conserva-
 tion law, as amended by chapter 326 of the laws of 2012, is  amended  to
 read as follows:
   9. Notwithstanding any other provision of law, any person who knowing-
 ly  breeds  a  wild animal or knowingly possesses, owns, harbors, sells,
 S. 3008--B                         168
 
 barters, transfers, exchanges, or imports a wild animal for use as a pet
 or intentionally releases or sets at-large any wild  animal,  authorized
 by  this section for use as a pet, from the location where the animal is
 permitted  to be possessed or harbored in violation of the provisions of
 this section shall be subject to  a  penalty  of  not  more  than  [five
 hundred]  SEVEN HUNDRED FIFTY dollars for the first offense and not more
 than one thousand FIVE HUNDRED  dollars  for  a  second  and  subsequent
 offenses.  Each  instance  of breeding, owning, harboring, sale, barter,
 release, transfer, exchange, or import of a wild animal in violation  of
 this section shall constitute a separate offense.
   §  93.  Subdivision 3 of section 9-1503 of the environmental conserva-
 tion law, as amended by chapter 222 of the laws of 1976, is  amended  to
 read as follows:
   3.  No  person  shall,  in  any area designated by such list or lists,
 knowingly pick, pluck, sever,  remove,  damage  by  the  application  of
 herbicides or defoliants or carry away, without the consent of the owner
 thereof,  any  protected plant. An offense under this section shall be a
 violation, punishable by a fine of not to exceed  [twenty-five  dollars]
 THIRTY-SEVEN DOLLARS AND FIFTY CENTS.
   §  94.  This act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                 PART III
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "harmful algal bloom monitoring and prevention act".
   § 2. Legislative findings and declarations. The legislature finds that
 the  state  of  New York has a responsibility to maintain the health and
 safety of its abundant clean water resources, upon which  the  residents
 of  New  York state, as well as its many visitors, rely on for drinking,
 agriculture, tourism, recreation, and  their  livelihoods.  Because  the
 waters  of  the  state  are under threat by harmful algal blooms (HABS),
 which are known to be toxic and even fatal to humans,  pets,  and  wild-
 life,  the  state has a responsibility to provide coordinated, statewide
 monitoring, evaluation, prevention and mitigation,  going  beyond  water
 body-specific data collection and isolated mitigation efforts. While the
 causes  of HABS are complex and varied, with a coordinated and standard-
 ized approach to monitoring and evaluation, patterns can more readily be
 identified to isolate the combination of  relevant  causes  specific  to
 different bodies of water across the state and determine the most effec-
 tive  targeted  interventions.  To  address  this threat, the state must
 develop and  maintain  a  comprehensive  state  clearinghouse  to  bring
 together existing and new available statewide cross-sectional and longi-
 tudinal  data  and  information  on  harmful algal blooms, potential and
 known  causes,  best  practice  interventions,  expertise,  and  funding
 resources.  This  data  and  subsequent  report will enable the state to
 effectively and efficiently administer a central grant program  support-
 ing  data-driven  best practices in prevention and mitigation of harmful
 algal blooms.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 15-0519 to read as follows:
 § 15-0519. HARMFUL ALGAL BLOOM MONITORING AND PREVENTION PROGRAM.
   1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A. "HARMFUL ALGAL BLOOMS"  SHALL  MEAN  GROWTHS  OF  BLOOMS  OF  ALGAL
 SPECIES  PRESENT IN FRESH OR SALT WATER THAT CAN PRODUCE TOXINS THAT ARE
 S. 3008--B                         169
 
 HARMFUL TO PUBLIC HEALTH, THE ECONOMY,  OR  RECREATIONAL  ENJOYMENT,  OR
 THAT CAN IMPAIR WATER QUALITY AND THE NATURAL ECOLOGY THEREIN.
   B. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
   C.  "WATERS  OF  THE  STATE"  MEANS  ALL WATERWAYS, OR BODIES OF WATER
 LOCATED WITHIN NEW YORK STATE OR THAT PART OF ANY BODY OF WATER WHICH IS
 ADJACENT TO NEW YORK STATE OVER WHICH THE STATE HAS  TERRITORIAL  JURIS-
 DICTION.
   2. COMPREHENSIVE STATEWIDE DATA COLLECTION CONSOLIDATION AND ANALYSIS;
 REPORT.  A.  THE  COMMISSIONER  SHALL  DEVELOP  A PROGRAM TO FURTHER THE
 COMPREHENSIVE AND CONSISTENT  COLLECTION,  CONSOLIDATION,  ANALYSIS  AND
 META-ANALYSIS  OF STATEWIDE DATA RELATING TO THE MONITORING, EVALUATION,
 PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOM OUTBREAKS. THE COMMIS-
 SIONER SHALL PROVIDE GUIDELINES  FOR  THE  SUBMISSION  OF  EXISTING  AND
 HISTORICAL  HARMFUL  ALGAL BLOOM MONITORING, EVALUATION, MITIGATION, AND
 PREVENTION DATA AND STRATEGIES  FROM  RELEVANT  INSTITUTIONS,  ORGANIZA-
 TIONS, AND INDIVIDUALS WITH EXPERIENCE IN PEER-REVIEWED RESEARCH, GRANT-
 MAKING,  OR  OTHER LIKE ACTIVITIES IN THE AREA OF WATER QUALITY RELATING
 TO THE MONITORING, EVALUATION, PREVENTION,  AND  MITIGATION  OF  HARMFUL
 ALGAL  BLOOM  OUTBREAKS, INCLUDING BUT NOT LIMITED TO RESEARCH PROGRAMS,
 CLINICS, LABS, AND PROJECT MANAGEMENT.
   B. THE DATA COLLECTED, CONSOLIDATED, AND  ANALYZED  SHALL  CONSIST  OF
 ELEMENTS INCLUDING BUT NOT LIMITED TO LONGITUDINAL DATA ON THE INCIDENCE
 OF  HARMFUL  ALGAL  BLOOMS,  CONTEXTUAL FACTORS THOUGHT TO BE ASSOCIATED
 WITH THE INCIDENCE OF HARMFUL ALGAL BLOOMS SUCH  AS  WATER  TEMPERATURE,
 TURBIDITY,  FLOW  RATE,  SALINITY,  NUTRIENT  LEVELS  FOR PHOSPHORUS AND
 NITROGEN, ACIDITY (PH), DISSOLVED OXYGEN LEVELS, MONITORING  AND  EVALU-
 ATION  OF  WATERS OF THE STATE THAT DO NOT CONTAIN HARMFUL ALGAL BLOOMS,
 AND RESULTS OF HARMFUL ALGAL BLOOM INTERVENTIONS IN NEW YORK STATE.
   C. THE DATA COLLECTED, CONSOLIDATED, AND ANALYZED SHALL MEET A  STAND-
 ARD THAT IS CONSISTENT WITH THE PRACTICES AND EXPERTISE OF INSTITUTIONS,
 ORGANIZATIONS, OR INDIVIDUALS WITH EXPERIENCE IN PEER-REVIEWED RESEARCH,
 GRANTMAKING,  OR  OTHER  LIKE  ACTIVITIES  IN  THE AREA OF WATER QUALITY
 RELATING TO THE MONITORING, EVALUATION, PREVENTION,  AND  MITIGATION  OF
 HARMFUL  ALGAL  BLOOM  OUTBREAKS,  INCLUDING BUT NOT LIMITED TO RESEARCH
 PROGRAMS, CLINICS, LABS, AND PROJECT MANAGEMENT.
   D. THE DEPARTMENT SHALL ANNUALLY PUBLISH AND UPDATE A LIST  OF  VETTED
 BEST PRACTICE STRATEGIES FOR HARMFUL ALGAL BLOOM MONITORING, EVALUATION,
 PREVENTION,  AND  MITIGATION, WHICH SHALL BE DIFFERENTIATED BY REGION OR
 WATER BODY WITH UNIQUE CONFIRMED CAUSAL PATHWAYS FOR THE RELATED HARMFUL
 ALGAL BLOOM OUTBREAK TRENDS. SUCH STRATEGIES SHALL BE SUPPORTED BY FIND-
 INGS OF THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION, AS WELL AS EXTERNAL EVALUATION, INCLUDING BUT NOT
 LIMITED TO STRATEGIES APPROVED BY THE FEDERAL  ENVIRONMENTAL  PROTECTION
 AGENCY,  CERTIFICATION  THAT SUCH STRATEGIES MEET OR EXCEED THE AMERICAN
 NATIONAL STANDARDS FOR HEALTH EFFECTS OF DRINKING WATER TREATMENT CHEMI-
 CALS (NSF/ANSI/CAN-60), OR TESTING FOR EFFICACY BY CENTER OF  EXCELLENCE
 IN  HEALTHY  WATER SOLUTIONS. THE DEPARTMENT SHALL PUBLISH SUCH LIST AND
 FINDINGS SUPPORTING THE STRATEGIES ON  SUCH  LIST  ON  THE  DEPARTMENT'S
 WEBSITE.
   E.  NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  AGRICULTURE
 AND MARKETS, SHALL PREPARE A REPORT PROVIDING COMPREHENSIVE ANALYSIS AND
 META-ANALYSIS  OF THE DATA COLLECTED PURSUANT TO THIS SECTION, INCLUDING
 FINDINGS AND RECOMMENDATIONS FOR ESTABLISHING, MAINTAINING, AND  IMPROV-
 ING UPON A COORDINATED SYSTEM OF MONITORING, EVALUATION, PREVENTION, AND
 S. 3008--B                         170
 
 MITIGATION  OF  HARMFUL ALGAL BLOOM OUTBREAKS ACROSS NEW YORK STATE. THE
 DEPARTMENT SHALL:
   I.  UPDATE THE REPORT AT LEAST ONCE EVERY FIVE YEARS AFTER THE INITIAL
 COMPLETION OF THE REPORT;
   II. MAKE THE REPORT PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE;
   III. HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEARINGS ON  THE  DRAFT
 REPORT AND SUBSEQUENT UPDATES TO THE REPORT, INCLUDING THREE MEETINGS IN
 THE UPSTATE REGION AND THREE MEETINGS IN THE DOWNSTATE REGION, AND SHALL
 ALLOW  AT  LEAST  ONE  HUNDRED  TWENTY DAYS FOR THE SUBMISSION OF PUBLIC
 COMMENT;
   IV. PROVIDE MEANINGFUL  OPPORTUNITIES  FOR  PUBLIC  COMMENT  FROM  ALL
 SEGMENTS  OF  THE  POPULATIONS  THAT  LIVE NEAR, OR ARE RELIANT UPON FOR
 DRINKING, RECREATION, OR ECONOMIC ACTIVITY,  THE  WATERS  OF  THE  STATE
 INCLUDED IN THE REPORT;
   V.  SEEK  OUT  INPUT  FROM INSTITUTIONS OR ORGANIZATIONS WITH RELEVANT
 EXPERTISE,  CITIZEN  SCIENTISTS,  AND  LABS  TESTING  WATER  QUALITY  IN
 RELATION TO HARMFUL ALGAL BLOOMS;
   VI.  IDENTIFY  THE  MAGNITUDE OF HARMFUL ALGAL BLOOMS ACROSS THE STATE
 AND MAKE RECOMMENDATIONS ON REGULATORY MEASURES AND OTHER STATE OR LOCAL
 ACTIONS TO MONITOR, EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL BLOOMS,
 INCLUDING EXISTING OPPORTUNITIES FOR  COORDINATION  OF  FEDERAL,  STATE,
 MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS;
   VII.  IDENTIFY  BEST  PRACTICES,  TECHNOLOGY,  AND  AVAILABLE FEDERAL,
 STATE, MUNICIPAL, OR PRIVATE FUNDING FOR AND EXISTING EFFORTS  IN  MONI-
 TORING, EVALUATING, PREVENTING, AND MITIGATING HARMFUL ALGAL BLOOMS; AND
   VIII.  IDENTIFY  THE  CURRENT NEED IN SPECIFIC BODIES OF WATER FOR THE
 ESTABLISHMENT OF PROGRAMS OR ORGANIZATIONS TO  FURTHER  THE  MONITORING,
 EVALUATION,  PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOMS, AND THE
 COSTS THEREFOR.
   3. HARMFUL ALGAL BLOOM DATABASE. A. THE COMMISSIONER  SHALL  ESTABLISH
 AND  MAINTAIN A WEBSITE PROVIDING PUBLIC ACCESS TO A HARMFUL ALGAL BLOOM
 DATABASE WHICH SHALL CONTAIN ALL RELEVANT DATA, RESEARCH, AND  REPORTING
 REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   B.  SUCH  DATABASE,  AND  ANALYSIS OF THE COMPREHENSIVE STATEWIDE DATA
 THEREIN, SHALL SUPPORT THE COORDINATION OF EFFORTS ACROSS THE  STATE  TO
 MONITOR, EVALUATE, PREVENT, AND MITIGATE HARMFUL ALGAL BLOOMS, AND SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   I.  THE  GEOLOCATION  OF HARMFUL ALGAL BLOOM OUTBREAKS, AND EFFORTS TO
 MONITOR, EVALUATE, PREVENT, AND MITIGATE SUCH OUTBREAKS;
   II. EXISTING RESEARCH, ANALYSIS, OR REPORTS RELATING TO  OUTBREAKS  OF
 HARMFUL  ALGAL  BLOOMS IN THE WATERS OF THE STATE AND THE CAUSES OF SUCH
 OUTBREAKS;
   III. KNOWN OR DEVELOPING  STRATEGIES  AND  BEST  PRACTICES  OF  STATE,
 MUNICIPAL,  AND  NON-GOVERNMENTAL  ORGANIZATIONS THAT MONITOR, EVALUATE,
 PREVENT, OR MITIGATE  HARMFUL  ALGAL  BLOOM  OUTBREAKS,  THE  RESPECTIVE
 WATERS  OF  THE  STATE  IN WHICH SUCH STRATEGIES AND BEST PRACTICES HAVE
 BEEN CONDUCTED, AND THE GEOLOCATIONS OF SUCH WATERS;
   IV. AVAILABLE SOURCES OF FINANCING FOR ALGAL BLOOM MONITORING,  EVALU-
 ATION,  PREVENTION, AND MITIGATION, INCLUDING FEDERAL, STATE, MUNICIPAL,
 AND/OR PRIVATE FUNDING, GRANTS, OR OTHER MONIES; AND
   V. INFORMATION ON INSTITUTIONS WITH EXPERTISE IN PEER-REVIEWED  GRANT-
 MAKING  AND  RESEARCH  IN THE AREA OF WATER QUALITY AND/OR HARMFUL ALGAL
 BLOOMS, INCLUDING BUT NOT LIMITED TO THE NEW YORK  SEA  GRANT  AT  STONY
 BROOK  UNIVERSITY,  THE  NEW  YORK  WATER  RESOURCE INSTITUTE AT CORNELL
 UNIVERSITY, THE CENTER OF EXCELLENCE IN  HEALTHY  WATER  SOLUTIONS,  THE
 BUREAU OF WATER SUPPLY PROTECTION, THE NEW YORK CITY DEPARTMENT OF ENVI-
 S. 3008--B                         171

 RONMENTAL  PROTECTION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, COMMU-
 NITY-BASED  NONPROFIT  ORGANIZATIONS  WITH  MISSIONS  THAT  SPECIFICALLY
 INVOLVE  MONITORING, EVALUATING, MITIGATING, OR PREVENTING HARMFUL ALGAL
 BLOOMS,  AND  ANY  OTHER  INSTITUTION  OR  ORGANIZATION  PROVIDING  DATA
 COMPILED PURSUANT TO THIS SECTION, AND THE CONTACT INFORMATION, RELEVANT
 RESEARCH PROGRAMS, CLINICS, LABS, AND PUBLISHED RESEARCH OF SUCH  INSTI-
 TUTIONS.
   4. RULES AND REGULATIONS. THE COMMISSIONER SHALL, IN A MANNER WHICH IS
 COORDINATED  WITH AND SUPPORTS EFFORTS BY FEDERAL, STATE, MUNICIPAL, AND
 NON-GOVERNMENTAL ORGANIZATIONS, PROMULGATE RULES AND REGULATIONS TO:
   A.  LIMIT THE CAUSES OF HARMFUL ALGAL BLOOM OUTBREAKS; AND
   B. MONITOR AND MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS.
   5. PROGRAM DEVELOPMENT. THE COMMISSIONER SHALL ESTABLISH  AND  SUPPORT
 NEW  AND  EXISTING  PROGRAMS AND ORGANIZATIONS RELEVANT TO THE HEALTH OF
 WATERS OF THE STATE THAT HAVE NOT  IMPLEMENTED  STRATEGIES  TO  MONITOR,
 EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS.
   6. HARMFUL ALGAL BLOOM GRANT PROGRAM.  IN ADDITION TO THE FINANCING TO
 BE  IDENTIFIED PURSUANT TO SUBPARAGRAPH IV OF PARAGRAPH B OF SUBDIVISION
 THREE OF THIS SECTION:
   A. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF AGRICUL-
 TURE AND MARKETS, THE COMMISSIONER OF HEALTH, AND THE PRESIDENT  OF  THE
 EMPIRE  STATE  DEVELOPMENT  CORPORATION, SHALL ESTABLISH A HARMFUL ALGAL
 BLOOM GRANT PROGRAM  WHICH  SHALL  PROVIDE  FUNDING  TO  MUNICIPALITIES,
 INTERMUNICIPAL  ORGANIZATIONS,  COMMUNITY-BASED  NONPROFITS, OR ACADEMIC
 INSTITUTIONS FOR THE DEPLOYMENT OF HARMFUL ALGAL BLOOM MONITORING, EVAL-
 UATION, PREVENTION, AND MITIGATION STRATEGIES AND BEST PRACTICES.
   B. THE PROGRAM SHALL REQUIRE THAT APPLICANTS  FOR  THE  HARMFUL  ALGAL
 BLOOM  GRANT PROGRAM CONDUCT AND SUBMIT A STUDY, AS PART OF THEIR APPLI-
 CATION, ASSESSING THE MOST APPROPRIATE MITIGATION AND PREVENTION STRATE-
 GIES FOR RELEVANT WATERS OF THE STATE AND BEST  PRACTICES  THEREFOR,  AS
 INFORMED  BY THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION.
   C. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
 THIS SUBDIVISION, FIRST PREFERENCE SHALL  BE  GIVEN  TO  APPLICANTS  WHO
 PROPOSE  STRATEGIES THAT INCORPORATE PRINCIPLES OF LEAST HARM AND GREAT-
 EST SAFETY TO APPLICATORS, THE PUBLIC, AND THE ENVIRONMENT, AND  UTILIZE
 PASSIVE OR NON-CHEMICAL PHYSICAL CONTROLS, INCLUDING BUT NOT LIMITED TO:
   I. AERATION;
   II. HYDROLOGICAL MANIPULATIONS;
   III. MECHANICAL MIXING;
   IV. RESERVOIR DRAWDOWN OR DESICCATION;
   V. SURFACE SKIMMING;
   VI. ULTRASOUND; OR
   VII. OTHER EMERGING TECHNOLOGIES, AS APPROVED BY THE DEPARTMENT.
   D. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
 THIS  SUBDIVISION,  SECOND  PREFERENCE  SHALL BE GIVEN TO APPLICANTS WHO
 DEMONSTRATE EXPERTISE WITH PREVIOUS EXPERIENCE TREATING WATER BODIES  IN
 THE  UNITED  STATES  LARGER THAN ONE THOUSAND ACRES, WITH PROVEN SUCCESS
 USING ACCEPTED STRATEGIES, INCLUDING BUT NOT LIMITED TO STRATEGIES THAT:
   I. ARE AIMED AT REDUCING CYANOTOXINS IN THE WATER TO LESS THAN HARMFUL
 LEVELS;
   II. EMPLOY READY-TO-USE TECHNOLOGY THAT IS MEANS TESTED, REPRODUCIBLE,
 AND GENERALIZABLE, WITHOUT LIMITATION OF SIZE  OR  SHAPE  OF  THE  WATER
 BODY;
   III.  EMPLOY  TECHNOLOGY  WHICH ALLOWS FOR APPLICATION UNDER EMERGENCY
 SITUATIONS AND WITHIN LESS THAN NINETY-SIX HOURS FROM APPROVAL;
 S. 3008--B                         172
 
   IV. UTILIZE PRODUCTS THAT ARE MODULAR AND CAN BE USED AS  A  PREVENTA-
 TIVE MEASURE;
   V. UTILIZE PRODUCTS THAT ARE QUICK AND EASY TO APPLY AND ARE GENERALLY
 RECOGNIZED AS SAFE TO THE APPLICATOR, PUBLIC, AND ENVIRONMENT;
   VI. UTILIZE PRODUCTS THAT FLOAT ON THE SURFACE OF THE WATER AND DO NOT
 SINK IMMEDIATELY TO THE BOTTOM OF THE WATER COLUMN;
   VII.  UTILIZE  PRODUCTS  THAT  ARE DISTRIBUTED AUTONOMOUSLY ACROSS THE
 WATER BODY AFTER A LOCALIZED APPLICATION;
   VIII. UTILIZE PRODUCTS WITH  A  TIME-RELEASE  MECHANISM  THAT  APPLIES
 CONSTANT  AND  PROLONGED OXIDATIVE STRESS OF THE CYANOBACTERIA TRIGGERED
 BY THE PROGRAMMED CELL  DEATH  SIGNALING  CASCADE,  RESULTING  IN  THEIR
 COLLAPSE; AND
   IX. UTILIZE PRODUCTS MANUFACTURED IN THE UNITED STATES.
   E. THE COMMISSIONER SHALL MAKE MONIES AVAILABLE FROM THE HARMFUL ALGAL
 BLOOM MONITORING AND PREVENTION FUND, AS ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-SS  OF  THE  STATE  FINANCE LAW, WITHIN AMOUNTS APPROPRIATED
 THEREFOR, PURSUANT TO THIS SECTION.
   § 4. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   § 99-SS. HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND. 1.  THERE
 IS  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
 "HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COMPTROLLER
 AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
 THE  GENERAL  FUND  OR ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING
 CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
 GIFTS, OR BEQUESTS FOR THE PURPOSES OF SUCH  FUND  AND  DEPOSITING  THEM
 INTO SUCH FUND ACCORDING TO LAW.
   3.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
 ENVIRONMENTAL CONSERVATION OR THE COMMISSIONER OF ENVIRONMENTAL  CONSER-
 VATION'S DESIGNEE.
   4.  MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF ENVI-
 RONMENTAL CONSERVATION  FOR  THE  HARMFUL  ALGAL  BLOOM  MONITORING  AND
 PREVENTION  PROGRAM ESTABLISHED PURSUANT TO SECTION 15-0519 OF THE ENVI-
 RONMENTAL CONSERVATION LAW.
   § 5. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                 PART JJJ
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 37-0123 to read as follows:
 § 37-0123. PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREAT-
              MENT INSTALLATION GRANT PROGRAM.
   1. DEFINITIONS. FOR PURPOSES  OF  THIS  SECTION,  "PERFLUOROALKYL  AND
 POLYFLUOROALKYL  SUBSTANCES" OR "PFAS" SHALL HAVE THE SAME MEANING AS IN
 SUBDIVISION SEVEN OF SECTION 37-0101 OF THIS TITLE.
   2. GRANT PROGRAM. THE  DEPARTMENT,  WITHIN  AMOUNTS  FROM  ANY  SOURCE
 APPROPRIATED  OR  OTHERWISE PROVIDED FOR SUCH PURPOSE, SHALL ESTABLISH A
 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREATMENT  INSTAL-
 LATION  GRANT  PROGRAM. THE DEPARTMENT SHALL PROVIDE A ONE-TIME GRANT TO
 S. 3008--B                         173
 
 PRIVATE WELL USERS FOR UP TO FIVE THOUSAND DOLLARS FOR THE  INSTALLATION
 OF  PFAS  TREATMENT,  OR  UP  TO  TEN  THOUSAND  DOLLARS  FOR  A SERVICE
 CONNECTION TO A PUBLIC WATER SYSTEM.
   3.  ELIGIBILITY.  (A) THE FOLLOWING PERSONS SHALL BE ELIGIBLE TO APPLY
 FOR SUCH GRANT PROGRAM:
   (I) OWNERS OF A SINGLE OR MULTIPLE-UNIT RESIDENTIAL PROPERTY; AND
   (II) TENANTS OR OCCUPANTS OF A RESIDENTIAL PROPERTY WHERE THE OWNER OF
 SUCH PROPERTY HAS NOT APPLIED FOR THE GRANT FOR SUCH PROPERTY.
   (B) INSTALLERS OF SUCH TREATMENTS MAY APPLY FOR SUCH GRANT  ON  BEHALF
 OF  AN  ELIGIBLE APPLICANT, PROVIDED THERE IS A WAIVER OF CLAIMS BETWEEN
 SUCH PARTIES.
   (C) AN APPLICANT SHALL NOT BE ELIGIBLE TO APPLY FOR SUCH GRANT PROGRAM
 IF SUCH APPLICANT HAS AN OFFER OF AN ALTERNATE WATER SOURCE FROM A THIRD
 PARTY, INCLUDING BOTTLED WATER, TREATMENT, OR SERVICE CONNECTION.
   4. APPLICATION. (A) APPLICANTS SHALL  SUBMIT  AN  APPLICATION  TO  THE
 DEPARTMENT  IN  A  MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER,
 AND SHALL INCLUDE THE FOLLOWING DOCUMENTATION:
   (I) ANALYTICAL RESULTS FROM A LABORATORY CERTIFIED TO TEST FOR PFAS BY
 THE DEPARTMENT OF HEALTH ENVIRONMENTAL LABORATORY APPROVAL PROGRAM. SUCH
 RESULTS MUST SHOW A PFAS RESULT GREATER  THAN  THE  MAXIMUM  CONTAMINANT
 LEVEL  OR  OTHER  DRINKING  WATER  CLEANUP  STANDARD SET FOR PFAS BY THE
 DEPARTMENT OF HEALTH OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY;
   (II) AN ESTIMATE FOR THE COST OF  TREATMENT  INSTALLATION  OR  SERVICE
 CONNECTION; AND
   (III)   SPECIFICATION   SHEETS  FOR  TREATMENT  AND  EQUIPMENT  TO  BE
 INSTALLED, IF APPLICABLE AND AVAILABLE.
   (B) GRANTS AWARDED PURSUANT TO THIS SECTION SHALL BE USED  SOLELY  FOR
 THE PURPOSE OF PURCHASING AND INSTALLING PFAS TREATMENT EQUIPMENT.
   (C) THE COMMISSIONER, UPON REVIEW OF AN APPLICANT'S APPLICATION, SHALL
 DETERMINE  IF  SUCH  APPLICANT  IS ELIGIBLE FOR A GRANT PURSUANT TO THIS
 SECTION.
   5. PUBLIC AWARENESS. THE DEPARTMENT SHALL  PUBLISH  INFORMATION  ABOUT
 THE  GRANT  PROGRAM ON THE DEPARTMENT'S WEBSITE AND CREATE PUBLIC EDUCA-
 TION MATERIALS TO PUBLICIZE THE GRANT PROGRAM AND DISTRIBUTE THESE MATE-
 RIALS TO LOCAL GOVERNMENTS, COMMUNITY ORGANIZATIONS, AND OTHER  RELEVANT
 INSTITUTIONS. THE DEPARTMENT SHALL ALSO COMPILE AND DISTRIBUTE A LIST OF
 VENDORS  THAT  OFFER  TREATMENT  TECHNOLOGY  OR  SERVICE CONNECTION TO A
 PUBLIC WATER SYSTEM FOR RESIDENTS OF THIS STATE, PROVIDED  THAT  SUCH  A
 LIST DOES NOT IMPLY AN ENDORSEMENT OF THE VENDORS BY THE DEPARTMENT.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 37-0125 to read as follows:
 § 37-0125. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL  TREAT-
              MENT MAINTENANCE REBATE PROGRAM.
   1.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, "PERFLUOROALKYL AND
 POLYFLUOROALKYL SUBSTANCES" OR "PFAS" SHALL HAVE THE SAME MEANING AS  IN
 SUBDIVISION SEVEN OF SECTION 37-0101 OF THIS TITLE.
   2.  REBATE  PROGRAM.  THE  DEPARTMENT,  WITHIN AMOUNTS FROM ANY SOURCE
 APPROPRIATED OR OTHERWISE PROVIDED FOR SUCH PURPOSE, SHALL  ESTABLISH  A
 PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREATMENT MAINTE-
 NANCE REBATE PROGRAM. THE DEPARTMENT SHALL  PROVIDE  A  REBATE  FOR  THE
 MAINTENANCE OF PFAS TREATMENT EQUIPMENT INSTALLED BY PRIVATE WELL USERS.
   3.  ELIGIBILITY.  THE FOLLOWING PERSONS SHALL BE ELIGIBLE TO APPLY FOR
 SUCH REBATE PROGRAM:
   (A) OWNERS OF A SINGLE OR  MULTIPLE-UNIT  RESIDENTIAL  PROPERTY  WHERE
 PFAS TREATMENT IS INSTALLED; AND
 S. 3008--B                         174
 
   (B)  TENANTS  OR OCCUPANTS OF A RESIDENTIAL PROPERTY WHERE PFAS TREAT-
 MENT IS INSTALLED.
   4.  APPLICATION.  (A)  APPLICANTS  SHALL  SUBMIT AN APPLICATION TO THE
 DEPARTMENT IN A MANNER AND FORM TO BE DETERMINED  BY  THE  COMMISSIONER,
 AND SHALL INCLUDE THE FOLLOWING DOCUMENTATION:
   (I)  SPECIFICATION  SHEETS  FOR  TREATMENT AND EQUIPMENT INSTALLED, IF
 APPLICABLE AND AVAILABLE;
   (II) PHOTO DOCUMENTATION OF  THE  TREATMENT  INSTALLATION  OF  SERVICE
 CONNECTION; AND
   (III) POST-TREATMENT ANALYTICAL RESULTS FROM A LABORATORY CERTIFIED TO
 TEST  FOR  PFAS  BY  THE  DEPARTMENT  OF HEALTH ENVIRONMENTAL LABORATORY
 APPROVAL PROGRAM. SUCH RESULTS MUST SHOW PFAS CONCENTRATIONS  BELOW  THE
 MAXIMUM  CONTAMINANT  LEVEL OR OTHER DRINKING WATER CLEANUP STANDARD SET
 FOR PFAS, IF APPLICABLE.
   (B) THE COMMISSIONER, UPON REVIEW OF AN APPLICANT'S APPLICATION, SHALL
 DETERMINE IF SUCH APPLICANT IS ELIGIBLE FOR A REBATE  PURSUANT  TO  THIS
 SECTION.  THE COMMISSIONER SHALL MAKE THE DETERMINATION AS TO THE AMOUNT
 OF REBATE APPROVED, PROVIDED THAT SUCH AMOUNT SHALL IN NO  EVENT  EXCEED
 ONE THOUSAND FIVE HUNDRED DOLLARS.
   (C)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REGARDING
 HOW OFTEN AN APPLICANT MAY SUBMIT AN APPLICATION PURSUANT TO THIS SUBDI-
 VISION.
   5. PUBLIC AWARENESS. THE DEPARTMENT SHALL  PUBLISH  INFORMATION  ABOUT
 THE  REBATE PROGRAM ON THE DEPARTMENT'S WEBSITE AND CREATE PUBLIC EDUCA-
 TION MATERIALS TO PUBLICIZE THE  REBATE  PROGRAM  AND  DISTRIBUTE  THESE
 MATERIALS TO LOCAL GOVERNMENTS, COMMUNITY ORGANIZATIONS, AND OTHER RELE-
 VANT INSTITUTIONS.
   § 3. This act shall take effect immediately.
 
                                 PART KKK

   Section  1.  This  act shall be known and may be cited as the "climate
 corporate data accountability act".
   § 2. The environmental conservation law is amended  by  adding  a  new
 article 74 to read as follows:
                                ARTICLE 74
                 CLIMATE CORPORATE DATA ACCOUNTABILITY ACT
 SECTION 74-0101. DEFINITIONS.
         74-0102. CLIMATE CORPORATE DATA ACCOUNTABILITY ACT.
 § 74-0101. DEFINITIONS.
   AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "EMISSIONS REPORTING ORGANIZATION" MEANS EITHER: (A)  AN  ORGANIZA-
 TION  WITHIN  THE DEPARTMENT CREATED BY THE DEPARTMENT PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION TWO OF SECTION 74-0102 OF THIS ARTICLE; OR (B)  A
 NONPROFIT  EMISSIONS REPORTING ORGANIZATION CONTRACTED BY THE DEPARTMENT
 PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF SECTION  74-0102  OF  THIS
 ARTICLE THAT BOTH:
   A.  CURRENTLY  OPERATES A GREENHOUSE GAS EMISSIONS REPORTING ORGANIZA-
 TION FOR ORGANIZATIONS OPERATING IN THE UNITED STATES; AND
   B. HAS EXPERIENCE WITH GREENHOUSE GAS EMISSIONS DISCLOSURE BY ENTITIES
 OPERATING IN NEW YORK.
   2. "REPORTING ENTITY" MEANS:
   A. A PARTNERSHIP, CORPORATION, LIMITED  LIABILITY  COMPANY,  OR  OTHER
 BUSINESS  ENTITY  FORMED  UNDER  THE LAWS OF THIS STATE, THE LAWS OF ANY
 S. 3008--B                         175
 
 OTHER STATE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA,  OR  UNDER
 AN ACT OF THE CONGRESS OF THE UNITED STATES THAT BOTH:
   I.  DOES BUSINESS IN THIS STATE AND IS DERIVING RECEIPTS FROM ACTIVITY
 IN THIS STATE WITHIN THE MEANING OF SECTION TWO HUNDRED NINE OF THE  TAX
 LAW; AND
   II. HAS TOTAL REVENUES IN EXCESS OF ONE BILLION DOLLARS IN THE PRECED-
 ING  FISCAL  YEAR, INCLUDING BUT NOT LIMITED TO REVENUES RECEIVED BY ALL
 OF THE BUSINESS ENTITY'S SUBSIDIARIES THAT DO BUSINESS IN THIS STATE.
   B. A FOREIGN ENTITY SHALL NOT BE CONSIDERED TO BE  DOING  BUSINESS  IN
 THIS STATE EXCLUSIVELY BY REASON OF CARRYING ON IN THIS STATE ANY OF THE
 ACTIVITIES  ENUMERATED IN SUBSECTION (B) OF SECTION THIRTEEN HUNDRED ONE
 OF THE BUSINESS CORPORATION LAW. IF A REPORTING ENTITY IS INCLUDED AS  A
 CONSOLIDATED  SUBSIDIARY  IN THE CONSOLIDATED FINANCIAL STATEMENTS OF AN
 ULTIMATE PARENT ENTITY, THEN SUCH ULTIMATE  PARENT  ENTITY  MAY  BE  THE
 REPORTING  ENTITY FOR PURPOSES OF THIS DEFINITION.  IF A SUBSIDIARY OF A
 PARENT COMPANY QUALIFIES AS A REPORTING ENTITY FOR THE PURPOSES OF  THIS
 DEFINITION,  THE SUBSIDIARY IS NOT REQUIRED TO PREPARE A SEPARATE REPORT
 SO LONG AS THE PARENT COMPANY PREPARES A REPORT.
   3. "SCOPE 1 EMISSIONS" MEANS ALL DIRECT GREENHOUSE GAS EMISSIONS  THAT
 STEM  FROM  SOURCES  THAT  A REPORTING ENTITY OWNS OR DIRECTLY CONTROLS,
 REGARDLESS OF LOCATION, INCLUDING, BUT NOT LIMITED TO,  FUEL  COMBUSTION
 ACTIVITIES.
   4.  "SCOPE  2  EMISSIONS" MEANS INDIRECT GREENHOUSE GAS EMISSIONS FROM
 CONSUMED ELECTRICITY, STEAM, HEATING, OR COOLING PURCHASED  OR  ACQUIRED
 BY A REPORTING ENTITY, REGARDLESS OF LOCATION.
   5.  "SCOPE  3 EMISSIONS" MEANS INDIRECT UPSTREAM AND DOWNSTREAM GREEN-
 HOUSE GAS EMISSIONS, OTHER THAN SCOPE 2 EMISSIONS, FROM SOURCES THAT THE
 REPORTING ENTITY DOES NOT OWN OR DIRECTLY CONTROL AND MAY  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO,  PURCHASED  GOODS  AND SERVICES, BUSINESS TRAVEL,
 EMPLOYEE COMMUTES, AND PROCESSING AND USE OF SOLD PRODUCTS AND SERVICES.
   6. "ASSURANCE PROVIDER" MEANS A FIRM OR ENTITY WHICH  CARRIES  OUT  AN
 ASSURANCE ENGAGEMENT.
   7.  "ASSURANCE  ENGAGEMENT"  MEANS AN ENGAGEMENT IN WHICH AN ASSURANCE
 PROVIDER EXPRESSES AN INDEPENDENT OPINION ON THE  REPORTS  ISSUED  UNDER
 THIS  SECTION,  TO  ENHANCE  THE DEGREE OF CONFIDENCE OF THE DEPARTMENT,
 CONSUMERS, AND INVESTORS ABOUT THE INFORMATION DISCLOSED BY THE  REPORT-
 ING ENTITY.
 § 74-0102. CLIMATE CORPORATE DATA ACCOUNTABILITY ACT.
   1.  A.  THE  DEPARTMENT  SHALL ADOPT REGULATIONS ON OR BEFORE DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX TO REQUIRE A REPORTING  ENTITY  TO
 ANNUALLY DISCLOSE TO THE EMISSIONS REPORTING ORGANIZATION, AND TO OBTAIN
 AN  ASSURANCE  ENGAGEMENT PERFORMED BY AN INDEPENDENT THIRD-PARTY ASSUR-
 ANCE PROVIDER ON, ALL OF THE REPORTING ENTITY'S SCOPE 1 EMISSIONS, SCOPE
 2 EMISSIONS, AND SCOPE 3 EMISSIONS. THE REGULATIONS ADOPTED PURSUANT  TO
 THIS SUBDIVISION SHALL REQUIRE THAT:
   I.  (1)  (A)  STARTING  IN  TWO  THOUSAND TWENTY-SEVEN ON A DATE TO BE
 DETERMINED BY THE DEPARTMENT, AND ANNUALLY THEREAFTER, A REPORTING ENTI-
 TY SHALL PUBLICLY DISCLOSE TO THE EMISSIONS REPORTING  ORGANIZATION  ALL
 OF  THE  REPORTING  ENTITY'S SCOPE 1 EMISSIONS AND SCOPE 2 EMISSIONS FOR
 THE PRIOR FISCAL YEAR.
   (B) STARTING IN TWO THOUSAND TWENTY-EIGHT AND ANNUALLY  THEREAFTER,  A
 REPORTING  ENTITY  SHALL  PUBLICLY DISCLOSE ITS SCOPE 3 EMISSIONS TO THE
 EMISSIONS REPORTING ORGANIZATION FOR THE PRIOR FISCAL YEAR ON A SCHEDULE
 SET BY THE DEPARTMENT PURSUANT TO REGULATIONS DEVELOPED PURSUANT TO THIS
 ARTICLE.
 S. 3008--B                         176

   (2) IN COMPLYING WITH THE REQUIREMENTS OF THIS  SECTION,  A  REPORTING
 ENTITY  SHALL  MEASURE  AND  REPORT ITS EMISSIONS OF GREENHOUSE GASES IN
 CONFORMANCE WITH THE GREENHOUSE GAS PROTOCOL  CORPORATE  ACCOUNTING  AND
 REPORTING STANDARD AND THE GREENHOUSE GAS PROTOCOL CORPORATE VALUE CHAIN
 (SCOPE  3)  ACCOUNTING  AND  REPORTING  STANDARD  DEVELOPED BY THE WORLD
 RESOURCES INSTITUTE AND  THE  WORLD  BUSINESS  COUNCIL  FOR  SUSTAINABLE
 DEVELOPMENT,  INCLUDING GUIDANCE FOR SCOPE 3 EMISSIONS CALCULATIONS THAT
 DETAIL ACCEPTABLE USE  OF  BOTH  PRIMARY  AND  SECONDARY  DATA  SOURCES,
 INCLUDING THE USE OF INDUSTRY AVERAGE DATA, PROXY DATA, AND OTHER GENER-
 IC DATA IN ITS SCOPE 3 EMISSIONS CALCULATIONS.
   (3)  (A)  STARTING  IN  TWO  THOUSAND  THIRTY-FOUR, THE DEPARTMENT MAY
 SURVEY AND ASSESS CURRENTLY  AVAILABLE  GREENHOUSE  GAS  ACCOUNTING  AND
 REPORTING STANDARDS. AT THE CONCLUSION OF THIS ASSESSMENT THE DEPARTMENT
 MAY  ADOPT  A  GLOBALLY  RECOGNIZED ALTERNATIVE ACCOUNTING AND REPORTING
 STANDARD IF IT DETERMINES ITS USE WOULD  MORE  EFFECTIVELY  FURTHER  THE
 GOALS  OF  THIS  SECTION. THIS REVIEW PROCESS SHALL INCLUDE CONSULTATION
 WITH THE STAKEHOLDERS IDENTIFIED IN PARAGRAPH D OF THIS SUBDIVISION.
   (B) IF THE DEPARTMENT ADOPTS AN ALTERNATIVE ACCOUNTING  AND  REPORTING
 STANDARD, THE DEPARTMENT SHALL DEVELOP AND ADOPT NEW REGULATIONS, PURSU-
 ANT  TO THIS PARAGRAPH, TO ENSURE FULL CONFORMANCE WITH THE NEW STANDARD
 AND REPORTING OF SCOPES 1, 2, AND 3 EMISSIONS AND OTHER REQUIREMENTS  OF
 THIS SECTION.
   (4)  ON  OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE DEPART-
 MENT SHALL REVIEW, AND UPDATE AS NECESSARY, THE PUBLIC DISCLOSURE  DEAD-
 LINES  ESTABLISHED PURSUANT TO CLAUSE ONE OF THIS SUBPARAGRAPH TO EVALU-
 ATE TRENDS IN SCOPE 3 EMISSIONS REPORTING AND CONSIDER  CHANGES  TO  THE
 DISCLOSURE  DEADLINES TO ENSURE THAT SCOPE 3 EMISSIONS DATA IS DISCLOSED
 TO THE EMISSIONS REPORTING ORGANIZATION AS CLOSE IN TIME AS  PRACTICABLE
 TO THE DEADLINE FOR REPORTING ENTITIES TO DISCLOSE SCOPE 1 EMISSIONS AND
 SCOPE 2 EMISSIONS DATA.
   (5)  THE  REPORTING TIMELINES SHALL TAKE INTO ACCOUNT THE TIMELINES BY
 WHICH REPORTING ENTITIES TYPICALLY RECEIVE SCOPE 1, SCOPE 2, AND SCOPE 3
 EMISSIONS DATA, AS WELL AS THE CAPACITY  FOR  AN  INDEPENDENT  ASSURANCE
 ENGAGEMENT TO BE PERFORMED BY A THIRD-PARTY ASSURANCE PROVIDER.
   II.  A  REPORTING ENTITY'S PUBLIC DISCLOSURE SHALL MAXIMIZE ACCESS FOR
 CONSUMERS,  INVESTORS,  AND  OTHER  STAKEHOLDERS  TO  COMPREHENSIVE  AND
 DETAILED GREENHOUSE GAS EMISSIONS DATA ACROSS SCOPE 1 EMISSIONS, SCOPE 2
 EMISSIONS AND SCOPE 3 EMISSIONS, AS DEFINED BY THIS SECTION, AND BE MADE
 IN A MANNER THAT IS EASILY UNDERSTANDABLE AND ACCESSIBLE.
   III.  A REPORTING ENTITY'S PUBLIC DISCLOSURE SHALL INCLUDE THE NAME OF
 THE REPORTING ENTITY AND ANY  FICTITIOUS  NAMES,  TRADE  NAMES,  ASSUMED
 NAMES, SUBSIDIARIES AND LOGOS USED BY THE REPORTING ENTITY.
   IV.  A REPORTING ENTITY'S EMISSIONS REPORTING SHALL BE STRUCTURED IN A
 WAY THAT MINIMIZES DUPLICATION OF EFFORT AND ALLOWS A  REPORTING  ENTITY
 TO  SUBMIT  TO  THE EMISSIONS REPORTING ORGANIZATION REPORTS PREPARED TO
 MEET OTHER STATE, NATIONAL, AND  INTERNATIONAL  REPORTING  REQUIREMENTS,
 INCLUDING ANY REPORTS REQUIRED BY THE FEDERAL GOVERNMENT OR OTHER STATES
 OR  REPORTS  VOLUNTARILY  PREPARED,  INCLUDING  THOSE PREPARED USING THE
 INTERNATIONAL FINANCIAL REPORTING  STANDARDS  FOUNDATION  SUSTAINABILITY
 DISCLOSURE STANDARDS AS ISSUED BY THE INTERNATIONAL SUSTAINABILITY STAN-
 DARDS BOARD, AS LONG AS THOSE REPORTS SATISFY ALL OF THE REQUIREMENTS OF
 THIS SECTION.
   V.  A  REPORTING  ENTITY'S DISCLOSURE SHALL TAKE INTO ACCOUNT ACQUISI-
 TIONS, DIVESTMENTS, MERGERS,  AND  OTHER  STRUCTURAL  CHANGES  THAT  CAN
 AFFECT  THE  GREENHOUSE  GAS  EMISSIONS REPORTING, AND IS DISCLOSED IN A
 MANNER CONSISTENT WITH THE GREENHOUSE GAS PROTOCOL STANDARDS  AND  GUID-
 S. 3008--B                         177
 
 ANCE  OR  AN  ALTERNATIVE STANDARD, IF ONE IS ADOPTED AFTER TWO THOUSAND
 THIRTY-FOUR.
   VI.  (1)  A  REPORTING  ENTITY  SHALL  OBTAIN AN ASSURANCE ENGAGEMENT,
 PERFORMED BY AN INDEPENDENT THIRD-PARTY  ASSURANCE  PROVIDER,  OF  THEIR
 PUBLIC DISCLOSURE.  THE REPORTING ENTITY SHALL ENSURE THAT A COPY OF THE
 COMPLETE  ASSURANCE  PROVIDER'S  REPORT  ON THE GREENHOUSE GAS EMISSIONS
 INVENTORY, INCLUDING THE NAME OF THE THIRD-PARTY ASSURANCE PROVIDER,  IS
 PROVIDED  TO  THE  EMISSIONS  REPORTING  ORGANIZATION  AS  PART OF OR IN
 CONNECTION WITH THE REPORTING ENTITY'S PUBLIC DISCLOSURE.
   (2) THE ASSURANCE ENGAGEMENT FOR SCOPE 1 EMISSIONS AND SCOPE  2  EMIS-
 SIONS  SHALL  BE PERFORMED AT A LIMITED ASSURANCE LEVEL BEGINNING IN TWO
 THOUSAND TWENTY-SEVEN AND AT A REASONABLE ASSURANCE LEVEL  BEGINNING  IN
 TWO THOUSAND THIRTY-ONE.
   (3) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPART-
 MENT  SHALL REVIEW AND EVALUATE TRENDS IN THIRD-PARTY ASSURANCE REQUIRE-
 MENTS FOR SCOPE 3 EMISSIONS, AND ON OR BEFORE SUCH DATE, THE  DEPARTMENT
 MAY ESTABLISH AN ASSURANCE REQUIREMENT FOR THIRD-PARTY ASSURANCE ENGAGE-
 MENTS  OF SCOPE 3 EMISSIONS. IF ANY SUCH REQUIREMENT IS ESTABLISHED, THE
 ASSURANCE ENGAGEMENT FOR SCOPE 3  EMISSIONS  SHALL  BE  PERFORMED  AT  A
 LIMITED ASSURANCE LEVEL BEGINNING IN TWO THOUSAND THIRTY-ONE.
   (4) A THIRD-PARTY ASSURANCE PROVIDER SHALL HAVE SIGNIFICANT EXPERIENCE
 IN  MEASURING,  ANALYZING,  REPORTING,  OR  ATTESTING TO THE EMISSION OF
 GREENHOUSE GASES AND SUFFICIENT COMPETENCE AND CAPABILITIES NECESSARY TO
 PERFORM ENGAGEMENTS IN ACCORDANCE WITH PROFESSIONAL STANDARDS AND APPLI-
 CABLE LEGAL AND REGULATORY REQUIREMENTS. THE ASSURANCE PROVIDER SHALL BE
 ABLE TO ISSUE REPORTS THAT ARE APPROPRIATE UNDER THE  CIRCUMSTANCES  AND
 INDEPENDENT WITH RESPECT TO THE REPORTING ENTITY, AND ANY OF THE REPORT-
 ING  ENTITY'S AFFILIATES FOR WHICH IT IS PROVIDING THE ASSURANCE REPORT.
 ON OR BEFORE JANUARY FIRST,  TWO  THOUSAND  THIRTY-ONE,  THE  DEPARTMENT
 SHALL REVIEW, AND UPDATE AS NECESSARY, THE QUALIFICATIONS FOR THIRD-PAR-
 TY  ASSURANCE  PROVIDERS  BASED  ON AN EVALUATION OF TRENDS IN EDUCATION
 RELATING TO THE EMISSION OF GREENHOUSE GASES AND THE  QUALIFICATIONS  OF
 THIRD-PARTY ASSURANCE PROVIDERS.
   (5)  THE  DEPARTMENT SHALL ENSURE THAT THE ASSURANCE PROCESS MINIMIZES
 THE NEED FOR REPORTING ENTITIES TO ENGAGE MULTIPLE  ASSURANCE  PROVIDERS
 AND  ENSURES  SUFFICIENT  ASSURANCE PROVIDER CAPACITY, AS WELL AS TIMELY
 REPORTING IMPLEMENTATION AS REQUIRED UNDER CLAUSE ONE OF SUBPARAGRAPH  I
 OF THIS PARAGRAPH.
   VII.  (1) A REPORTING ENTITY SHALL PAY AN ANNUAL FEE TO THE DEPARTMENT
 FOR THE ADMINISTRATION AND IMPLEMENTATION OF THIS SECTION.
   (2) THE DEPARTMENT SHALL SET THE FEE ESTABLISHED  PURSUANT  TO  CLAUSE
 ONE  OF  THIS  SUBPARAGRAPH IN AN AMOUNT SUFFICIENT TO COVER THE DEPART-
 MENT'S FULL COSTS OF ADMINISTRATING AND IMPLEMENTING THIS SECTION.   THE
 TOTAL  AMOUNT OF FEES COLLECTED SHALL NOT EXCEED THE DEPARTMENT'S ACTUAL
 AND REASONABLE COSTS TO ADMINISTER AND IMPLEMENT THIS SECTION.
   (3) THE PROCEEDS OF THE FEES IMPOSED PURSUANT TO CLAUSE  ONE  OF  THIS
 SUBPARAGRAPH  SHALL BE DEPOSITED IN THE CLIMATE ACCOUNTABILITY AND EMIS-
 SIONS DISCLOSURE FUND ESTABLISHED BY SECTION NINETY-NINE-SS OF THE STATE
 FINANCE LAW.
   B. THE DEPARTMENT SHALL CREATE OR CONTRACT WITH AN EMISSIONS REPORTING
 ORGANIZATION TO DEVELOP A REPORTING PROGRAM TO RECEIVE AND MAKE PUBLICLY
 AVAILABLE DISCLOSURES REQUIRED  BY  THIS  SECTION.  EMISSIONS  REPORTING
 ORGANIZATIONS  SHALL  NOT BE AUTHORIZED TO PROVIDE SERVICES TO A COMPANY
 WHERE A CONFLICT OF  INTEREST  EXISTS.  A  CONFLICT  OF  INTEREST  SHALL
 INCLUDE:
 S. 3008--B                         178
 
   I.  THE  EMISSIONS REPORTING ORGANIZATION AND REPORTING ENTITY SHARING
 ANY MANAGEMENT STAFF OR BOARD OF DIRECTORS MEMBERSHIP,  OR  ANY  OF  THE
 SENIOR  MANAGEMENT STAFF OF THE REPORTING ENTITY HAVING BEEN EMPLOYED BY
 THE EMISSIONS REPORTING ORGANIZATION  OR  REPORTING  ENTITY  WITHIN  THE
 PREVIOUS FIVE YEARS.
   II.  ANY  EMPLOYEE  OF  THE  EMISSIONS  REPORTING ORGANIZATION, OR ANY
 EMPLOYEE OF A RELATED ENTITY, OR A SUBCONTRACTOR WHO IS A MEMBER OF  THE
 EMISSIONS  REPORTING  ORGANIZATION  HAVING PROVIDED THE REPORTING ENTITY
 WITH SERVICES RELATED TO THE AREAS OF EMISSIONS REPORTING  ORGANIZATION,
 OR  ANY  SERVICES DESIGNATED BY THE DEPARTMENT, WITHIN THE PREVIOUS FIVE
 YEARS.
   III. ANY STAFF MEMBER OF THE EMISSIONS REPORTING ORGANIZATION  PROVID-
 ING ANY TYPE OF NON-MONETARY INCENTIVE TO A REPORTING ENTITY TO SECURE A
 SERVICES CONTRACT.
   C.  THE  DEPARTMENT  MAY ADOPT OR UPDATE ANY OTHER REGULATIONS THAT IT
 DEEMS NECESSARY AND APPROPRIATE TO IMPLEMENT THIS SUBDIVISION.
   D. IN DEVELOPING THE REGULATIONS REQUIRED PURSUANT  TO  THIS  SUBDIVI-
 SION, THE DEPARTMENT SHALL CONSULT WITH ALL OF THE FOLLOWING:
   I. THE ATTORNEY GENERAL;
   II.  OTHER  GOVERNMENT  STAKEHOLDERS,  INCLUDING,  BUT NOT LIMITED TO,
 EXPERTS IN CLIMATE SCIENCE AND CORPORATE CARBON EMISSIONS ACCOUNTING AND
 REPORTING;
   III. INVESTORS;
   IV.  STAKEHOLDERS  REPRESENTING  CONSUMER  AND  ENVIRONMENTAL  JUSTICE
 INTERESTS; AND
   V.  REPORTING ENTITIES THAT HAVE DEMONSTRATED LEADERSHIP IN FULL-SCOPE
 GREENHOUSE GAS EMISSIONS ACCOUNTING AND PUBLIC DISCLOSURE AND GREENHOUSE
 GAS EMISSIONS REDUCTIONS.
   E. THIS SECTION DOES NOT REQUIRE ADDITIONAL REPORTING OF EMISSIONS  OF
 GREENHOUSE  GASES  BEYOND  THE  REPORTING  OF SCOPE 1 EMISSIONS, SCOPE 2
 EMISSIONS, AND SCOPE 3 EMISSIONS REQUIRED PURSUANT TO THE GREENHOUSE GAS
 PROTOCOL STANDARDS AND GUIDANCE OR AN ALTERNATIVE STANDARD,  IF  ONE  IS
 ADOPTED AFTER TWO THOUSAND THIRTY-FOUR.
   2.  A. THE DEPARTMENT SHALL PREPARE A REPORT ON THE PUBLIC DISCLOSURES
 MADE BY REPORTING  ENTITIES  TO  THE  EMISSIONS  REPORTING  ORGANIZATION
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AND THE REGULATIONS ADOPTED
 BY THE DEPARTMENT PURSUANT TO SUCH SUBDIVISION. IN PREPARING THE REPORT,
 CONSIDERATION SHALL BE GIVEN TO, AT A MINIMUM, GREENHOUSE GAS  EMISSIONS
 FROM REPORTING ENTITIES IN THE CONTEXT OF STATE GREENHOUSE GAS EMISSIONS
 REDUCTION  AND  CLIMATE  GOALS. THE DEPARTMENT SHALL ISSUE THE REPORT OF
 ITS FINDINGS TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
 RARY PRESIDENT OF THE SENATE  AND  SHALL  PUBLISH  SUCH  REPORT  ON  ITS
 WEBSITE.
   B. THE EMISSIONS REPORTING ORGANIZATION SHALL MAKE THE REPORTING ENTI-
 TIES' DISCLOSURES PUBLICLY AVAILABLE ON THE DIGITAL PLATFORM REQUIRED TO
 BE  CREATED BY THE EMISSIONS REPORTING ORGANIZATION PURSUANT TO SUBDIVI-
 SION FOUR OF THIS SECTION.
   3. A. I. THE EMISSIONS  REPORTING  ORGANIZATION,  ON  OR  BEFORE  JULY
 FIRST,  TWO THOUSAND TWENTY-SEVEN PURSUANT TO CLAUSE ONE OF SUBPARAGRAPH
 I OF PARAGRAPH A OF SUBDIVISION ONE OF  THIS  SECTION,  SHALL  CREATE  A
 DIGITAL  PLATFORM,  WHICH  SHALL  BE ACCESSIBLE TO THE PUBLIC, THAT WILL
 FEATURE THE EMISSIONS DATA OF REPORTING ENTITIES IN CONFORMANCE WITH THE
 REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT  TO  SUBDIVISION  ONE  OF
 THIS  SECTION  AND  THE  REPORT  PREPARED FOR THE DEPARTMENT PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION. THE  EMISSIONS  REPORTING  ORGANIZATION
 S. 3008--B                         179
 
 SHALL  MAKE  THE  REPORTING  ENTITIES'  DISCLOSURES AND THE DEPARTMENT'S
 REPORT AVAILABLE ON THE DIGITAL PLATFORM WITHIN NINETY DAYS OF RECEIPT.
   II.  THE  DIGITAL  PLATFORM  SHALL  BE CAPABLE OF FEATURING INDIVIDUAL
 REPORTING ENTITY DISCLOSURES, AND SHALL ALLOW CONSUMERS, INVESTORS,  AND
 OTHER STAKEHOLDERS TO VIEW REPORTED DATA ELEMENTS AGGREGATED IN A VARIE-
 TY  OF WAYS, INCLUDING MULTIYEAR DATA, IN A MANNER THAT IS EASILY UNDER-
 STANDABLE AND ACCESSIBLE TO RESIDENTS OF THE STATE. ALL  DATA  SETS  AND
 CUSTOMIZED  VIEWS SHALL BE AVAILABLE IN ELECTRONIC FORMAT FOR ACCESS AND
 USE BY THE PUBLIC.
   B. THE EMISSIONS REPORTING ORGANIZATION SHALL  SUBMIT,  WITHIN  THIRTY
 DAYS OF RECEIPT, THE REPORT PREPARED FOR THE DEPARTMENT PURSUANT TO THIS
 SUBDIVISION TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, AND THE GOVERNOR.
   4.  A. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST A REPORT-
 ING ENTITY SEEKING CIVIL PENALTIES OF UP TO ONE HUNDRED THOUSAND DOLLARS
 PER DAY FOR WILLFUL FAILURE TO COMPLY  WITH  THE  REQUIREMENTS  OF  THIS
 SECTION  OR  REGULATIONS  SET  FORTH  BY  THE  DEPARTMENT, INCLUDING FOR
 NONFILING, LATE FILING, OR OTHER FAILURE TO  MEET  THE  REQUIREMENTS  OF
 THIS  SECTION.    THE  CIVIL PENALTIES IMPOSED ON A REPORTING ENTITY FOR
 SUCH VIOLATIONS SHALL NOT EXCEED FIVE  HUNDRED  THOUSAND  DOLLARS  IN  A
 REPORTING  YEAR.  IN  SEEKING  CIVIL  PENALTIES  FOR A VIOLATION OF THIS
 SECTION, THE ATTORNEY GENERAL SHALL CONSIDER ALL RELEVANT CIRCUMSTANCES,
 INCLUDING BOTH OF THE FOLLOWING:
   I. THE VIOLATOR'S PAST AND PRESENT COMPLIANCE WITH THIS SECTION; AND
   II. WHETHER THE VIOLATOR TOOK ANY GOOD FAITH MEASURES TO  COMPLY  WITH
 THIS SECTION AND WHEN THOSE MEASURES WERE TAKEN.
   B.  A  REPORTING  ENTITY  SHALL NOT BE SUBJECT TO A CIVIL ACTION UNDER
 THIS SECTION FOR ANY MISSTATEMENTS WITH  REGARD  TO  SCOPE  3  EMISSIONS
 DISCLOSURES MADE WITH A REASONABLE BASIS AND DISCLOSED IN GOOD FAITH.
   C. PENALTIES ASSESSED ON SCOPE 3 REPORTING, BETWEEN TWO THOUSAND TWEN-
 TY-EIGHT AND TWO THOUSAND THIRTY-ONE, SHALL ONLY OCCUR FOR NONFILING.
   5. THIS SECTION APPLIES TO THE STATE UNIVERSITY AND CITY UNIVERSITY OF
 NEW  YORK ONLY TO THE EXTENT THAT THE REGENTS OF THE STATE UNIVERSITY OR
 CITY UNIVERSITY, BY RESOLUTION, MAKE ANY OF THESE PROVISIONS  APPLICABLE
 TO THE UNIVERSITY.
   § 3. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS.  CLIMATE  ACCOUNTABILITY  AND  EMISSIONS DISCLOSURE FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
 TROLLER AND THE DEPARTMENT OF TAX AND FINANCE A SPECIAL FUND TO BE KNOWN
 AS THE "CLIMATE ACCOUNTABILITY AND EMISSIONS DISCLOSURE FUND". MONEYS IN
 THIS  ACCOUNT  SHALL BE KEPT SEPARATE AND  NOT COMMINGLED WITH ANY OTHER
 MONEYS IN THE CUSTODY OF THE COMPTROLLER.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION  AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION 74-0102
 OF THE ENVIRONMENTAL CONSERVATION LAW, THE TAX LAW AND ALL OTHER  MONEYS
 CREDITED  OR TRANSFERRED THERETO FROM  ANY OTHER FUND OR SOURCE PURSUANT
 TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE  STATE  FROM
 RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR THE PURPOSES OF THE FUND AS
 DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND  ACCORDING  TO
 LAW.  ANY  INTEREST  RECEIVED BY THE COMPTROLLER   ON MONEYS  ON DEPOSIT
 SHALL BE RETAINED AND BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED
 BY LAW.
   § 4. 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
 S. 3008--B                         180
 
 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.
   § 5. 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 LLL
 
   Section 1. The environmental conservation law is amended by  adding  a
 new article 78 to read as follows:
                                ARTICLE 78
               SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
 SECTION 78-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
 § 78-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
   1.  NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER
 LAW AND SUBJECT TO AN APPROPRIATION MADE THEREFOR AND IN ACCORDANCE WITH
 THE PROVISIONS OF THIS  SECTION  AND  WITH  THE  RULES  AND  REGULATIONS
 PROMULGATED  BY  THE  COMMISSIONER IN CONNECTION THEREWITH, ON AND AFTER
 THE FIRST DAY OF APRIL, TWO THOUSAND TWENTY-SIX,  A  CONSOLIDATED  LOCAL
 INFRASTRUCTURE  PROGRAM  IS HEREBY ESTABLISHED FOR THE PURPOSE OF MAKING
 PAYMENTS TOWARD THE REPLACEMENT AND  REHABILITATION  OF  EXISTING  LOCAL
 MUNICIPALLY-OWNED  AND  FUNDED  DRINKING WATER, STORM WATER AND SANITARY
 SEWER SYSTEMS. FOR PURPOSES OF THIS SECTION, SUCH PROGRAM SHALL APPLY TO
 ANY DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANITARY  SEWER  SYSTEM
 WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
 DICTION  OF A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY; PROVIDED,
 HOWEVER, THAT SUCH SYSTEM SHALL NOT  BE  UNDER  THE  MAINTENANCE  AND/OR
 OPERATIONAL  JURISDICTION OF A PRIVATE ENTITY; AND PROVIDED FURTHER THAT
 NO MORE THAN TEN PERCENT OF THE MONEYS PAID UNDER THE PROGRAM  SHALL  BE
 PAID  TOWARD  REPLACEMENT  AND  REHABILITATION  OF DRINKING WATER, STORM
 WATER, AND SANITARY SEWER SYSTEMS UNDER THE  MAINTENANCE  AND/OR  OPERA-
 TIONAL  JURISDICTION  OF  ANY ONE COUNTY, CITY, TOWN, VILLAGE, OR PUBLIC
 AUTHORITY. THE  COMMISSIONER,  IN  CONJUNCTION  WITH  THE  ENVIRONMENTAL
 FACILITIES  CORPORATION,  SHALL PROMULGATE ALL NECESSARY RULES AND REGU-
 LATIONS TO CARRY OUT THE PROGRAM SO THAT AN  EQUITABLE  DISTRIBUTION  OF
 AID  SHALL  BE MADE FOR THE GENERAL OPERATION AND/OR GENERAL MAINTENANCE
 OF ANY SUCH EXISTING DRINKING WATER SYSTEM, STORM WATER SYSTEM OR  SANI-
 TARY  SEWER SYSTEM.  EXISTING WATER INFRASTRUCTURE INCLUDES ALL THE MAN-
 MADE AND NATURAL FEATURES THAT MOVE AND TREAT WATER IN TERMS OF DRINKING
 WATER, WASTE WATER, AND STORM WATER. MONIES FROM THIS FUND MAY  BE  USED
 FOR  MAINTENANCE AND REPAIRS OF EXISTING WATER INFRASTRUCTURE AS WELL AS
 NEW WATER INFRASTRUCTURE EXPANSION,  BUT  ONLY  INTO  ALREADY  DEVELOPED
 AREAS  SO  AS  NOT  TO  SUPPORT SPRAWL AND DEVELOPMENT OF NATURAL AREAS.
 ALREADY DEVELOPED AREAS ARE THOSE  THAT  ARE  ZONED/DEFINED  BY  MUNICI-
 PALITIES AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AS COMMERCIAL AND
 RESIDENTIAL USE.
   2.  ON  OR  BEFORE  THE TWENTY-FIFTH DAY OF APRIL, JUNE, SEPTEMBER AND
 NOVEMBER OF EACH STATE FISCAL YEAR COMMENCING WITH THE STATE FISCAL YEAR
 BEGINNING ON APRIL FIRST, TWO  THOUSAND  TWENTY-SEVEN,  THERE  SHALL  BE
 DISTRIBUTED  AND  PAID  TO  COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC
 S. 3008--B                         181
 
 AUTHORITIES AN AMOUNT EQUAL TO THE MONEYS APPROPRIATED FOR THE  PURPOSES
 OF  THIS  SECTION  DIVIDED  BY THE NUMBER OF PAYMENT DATES IN THAT STATE
 FISCAL YEAR. SUCH AMOUNTS SHALL BE  DISTRIBUTED  AND  PAID  PURSUANT  TO
 SUBDIVISION THREE OF THIS SECTION.
   3.  AMOUNTS SHALL BE DISTRIBUTED FOR LOCAL DRINKING WATER, STORM WATER
 AND SANITARY SEWER SYSTEMS BASED UPON A FUNDING FORMULA THAT THE DEPART-
 MENT AND THE DEPARTMENT OF HEALTH SHALL CREATE TAKING INTO CONSIDERATION
 FACTORS INCLUDING BUT NOT LIMITED TO:  THE SYSTEM'S LENGTH AND WIDTH  OF
 PIPES;  OTHER PHYSICAL ASSETS MAINTAINED BY THE SYSTEM, INCLUDING TREAT-
 MENT FACILITIES AND PUMPING STATIONS; THE AGE OF  THE  SYSTEM'S  INFRAS-
 TRUCTURE;  AND RELEVANT SOCIOECONOMIC FACTORS, INCLUDING THE PRESENCE OF
 DISADVANTAGED COMMUNITIES WITHIN A SYSTEM'S SERVICE AREA, TO ACHIEVE  AN
 EQUITABLE DISTRIBUTION OF AID.
   4.  MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL
 FUNDS MADE AVAILABLE FOR SUCH PROJECTS.  THE REMAINDER OF THE APPORTION-
 MENT MAY BE USED FOR ANY EXISTING DRINKING WATER, STORM WATER  OR  SEWER
 SYSTEM PURCHASES, INCLUDING BUT NOT LIMITED TO, THE ACQUISITION OF MATE-
 RIALS FOR THE REPLACEMENT OR REHABILITATION.
   5.  FOR  ANY  CITY,  TOWN,  VILLAGE OR PUBLIC AUTHORITY WHICH PROPOSES
 INFRASTRUCTURE CONSOLIDATION UNDER THIS SECTION OR MERGES  WITH  ANOTHER
 MUNICIPALITY,  THE  FUNDS APPROPRIATED UNDER THIS SECTION MAY FUND COSTS
 ASSOCIATED WITH SUCH CONSOLIDATION.
   6. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND TWENTY-SEVEN,  FUNDS
 ARE  TO BE MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE ACCOUNT
 OF THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT.
   7. AT THE END OF EACH FISCAL YEAR, EACH COUNTY,  CITY,  TOWN,  VILLAGE
 AND  PUBLIC  AUTHORITY  THAT  RECEIVES  FUNDING PURSUANT TO THIS SECTION
 SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT DETAILING HOW SUCH MONEY
 WAS USED. THE DEPARTMENT SHALL COMPILE ALL REPORTS AND  SUBMIT  THEM  TO
 THE  COMPTROLLER  FOR THEIR REVIEW. ONCE A REPORT IS FINALIZED, IT SHALL
 BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.  THE  DEPARTMENT
 AND  THE  COMPTROLLER SHALL RESERVE THE RIGHT TO CONDUCT SIGHT VISITS TO
 ENSURE THE MONEY IS BEING USED ACCURATELY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 PART MMM
 
   Section  1.  The public service law is amended by adding a new section
 24-c to read as follows:
   § 24-C.   UTILITY INTERVENOR  REIMBURSEMENT.  1.    AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COMPENSATION"  MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
 FUND ESTABLISHED BY SECTION NINETY-SEVEN-UUUU OF THE STATE FINANCE  LAW,
 FOR  ALL  OR  PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
 CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE  COSTS
 FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
   (B)  "PARTICIPANT"  MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
 AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
 OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
 NOT-FOR-PROFIT ORGANIZATION IN THIS STATE  AUTHORIZED  PURSUANT  TO  ITS
 ARTICLES  OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
 DENTIAL OR SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES  OF  THIS
 SECTION,  A  PARTICIPANT  DOES  NOT INCLUDE A NON-PROFIT ORGANIZATION OR
 OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
 UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE  OF  ONE  OR  MORE
 S. 3008--B                         182

 BUSINESSES  OR  INDUSTRIES  WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
 PRIMARILY FOR USE IN CONNECTION  WITH  THE  PROFIT-SEEKING  MANUFACTURE,
 SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
   (C)  "OTHER  REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
 DIRECTLY INCURRED BY A PARTICIPANT THAT  ARE  DIRECTLY  RELATED  TO  THE
 CONTENTIONS  OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
 A SUBSTANTIAL CONTRIBUTION.
   (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY,  OR
 COMMISSION STAFF IN A HEARING OR PROCEEDING.
   (E)  "PROCEEDING"  MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
 OTHER FORMAL PROCEEDING BEFORE THE COMMISSION,  OR  ALTERNATIVE  DISPUTE
 RESOLUTION  PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
 OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH  PROCEEDINGS  SHALL
 BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
 ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
 ELECTRICITY,  PURSUANT  TO  ARTICLE  FOUR  OF  THIS CHAPTER EXCEPT THOSE
 DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION TWELVE OF
 SECTION SIXTY-SIX OF THIS CHAPTER; (2) THE REGULATION OF  THE  PRICE  OF
 STEAM,  PURSUANT TO ARTICLE FOUR-A OF THIS CHAPTER; (3) THE SUBMETERING,
 REMETERING OR RESALE OF ELECTRICITY TO RESIDENTIAL PREMISES, PURSUANT TO
 SECTIONS SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND PURSUANT TO REGU-
 LATIONS REGARDING THE SUBMETERING, REMETERING, OR RESALE OF  ELECTRICITY
 ADOPTED  BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE
 APPLICABLE TO A PROCEEDING IN WHICH THE COMMISSION MAKES  A  FINDING  ON
 THE RECORD THAT THE PUBLIC INTEREST REQUIRES THE REIMBURSEMENT OF UTILI-
 TY INTERVENOR FEES PURSUANT TO THIS SECTION.
   (F)  "SIGNIFICANT  FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
 BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF  EFFEC-
 TIVE  PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
 OTHER REASONABLE COSTS OF PARTICIPATION.
   (G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL  REVENUE  OF
 TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   (H)  "SUBSTANTIAL  CONTRIBUTION"  MEANS  THAT,  IN THE JUDGMENT OF THE
 DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY  ASSIST  THE
 COMMISSION  IN  MAKING  ITS  DECISION  BECAUSE THE DECISION MAY ADOPT IN
 WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS,  OR
 SPECIFIC  POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
 THE PARTICIPANT.
   2. A PARTICIPANT MAY APPLY FOR AN AWARD  OF  COMPENSATION  UNDER  THIS
 SECTION  IN  A  PROCEEDING  IN  WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
 PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT  SHALL  DETER-
 MINE  APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
 CATIONS.  AT THE TIME OF APPLICATION, SUCH PARTICIPANT  SHALL  SERVE  ON
 EVERY  PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
 COMPENSATION.
   AN APPLICATION SHALL INCLUDE:
   (A) A STATEMENT OF THE NATURE AND EXTENT AND  THE  FACTUAL  AND  LEGAL
 BASIS  OF  THE  PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
 FAR AS IT IS POSSIBLE TO DESCRIBE  SUCH  PARTICIPATION  WITH  REASONABLE
 SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
   (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
 CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
 IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
   (C)  IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
 CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO  AN  AWARD
 OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
 S. 3008--B                         183
 
 IN  THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
 SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
   (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
   3.  (A)  WITHIN  THIRTY  DAYS  AFTER  THE FILING OF AN APPLICATION THE
 DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES  WHETHER  OR  NOT  THE
 PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
 THE  HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
 REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
 MENT SHALL DESCRIBE THIS  SUBSTANTIAL  CONTRIBUTION  AND  DETERMINE  THE
 AMOUNT  OF  COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION.
   (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  DEPART-
 MENT  FINDS  THAT  THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
 THE DEPARTMENT SHALL PROVIDE ALL OR PART  OF  THE  COMPENSATION  TO  THE
 PARTICIPANT  FROM  ANY FUNDS IN THE UTILITY INTERVENOR ACCOUNT APPROPRI-
 ATED FOR SUCH PURPOSE, OR WHERE SUCH FUNDS ARE INSUFFICIENT, THE DEPART-
 MENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE  PROCEED-
 ING  TO  PAY  ALL  OR  PART  OF THE COMPENSATION TO THE DEPARTMENT TO BE
 PROVIDED TO THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING.  IN  THE
 EVENT  THAT  THE  PARTICIPANT  DISCONTINUES  ITS  PARTICIPATION  IN  THE
 PROCEEDING WITHOUT THE CONSENT OF THE DEPARTMENT, THE  DEPARTMENT  SHALL
 BE  ENTITLED  TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH
 PARTICIPANT TO BE REFUNDED TO THE  UTILITY  INTERVENOR  ACCOUNT  OR  THE
 PUBLIC UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
   (C)  THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL TAKE INTO  CONSIDERATION  THE  MARKET  RATES  PAID  TO
 PERSONS   OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER  SIMILAR
 SERVICES. THE COMPENSATION AWARDED MAY NOT,  IN  ANY  CASE,  EXCEED  THE
 COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
 UTILITY,  WHICHEVER  IS  GREATER,  TO PERSONS OF COMPARABLE TRAINING AND
 EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
   (D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND  NOT  USED  BY  SUCH
 PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE UTILI-
 TY  INTERVENOR  ACCOUNT OR THE PUBLIC UTILITY OR UTILITIES THAT PROVIDED
 SUCH PAYMENT.
   (E) THE DEPARTMENT SHALL REQUIRE  THAT  PARTICIPANTS  SEEKING  PAYMENT
 MAINTAIN  AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
 SUCH PROCEEDING.
   (I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES  TO  VERIFY
 THE  CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
 ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
 AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
   (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
 IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE  AVAILABILITY  OF
 FUNDS AFTER THE COMPLETION OF A PROCEEDING.
   (F)  IN  THE  EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
 IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS,  THE  DEPART-
 MENT  MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
 COMPENSATION.
   4. ANY COMPENSATION PURSUANT TO THIS SECTION  SHALL  BE  PAID  AT  THE
 CONCLUSION  OF  THE  PROCEEDING, USING FUNDS APPROPRIATED TO THE UTILITY
 INTERVENOR ACCOUNT FOR SUCH PURPOSE, OR WHERE SUCH FUNDS ARE NOT  SUFFI-
 CIENT  FOR  SUCH  PAYMENT, BY THE PUBLIC UTILITY OR UTILITIES SUBJECT TO
 THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL  BE  REMITTED
 S. 3008--B                         184
 
 TO  THE  DEPARTMENT  WHICH  SHALL  THEN  REMIT  SUCH COMPENSATION TO THE
 PARTICIPANT.
   5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
 TO  DELAY  OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
 MENT'S RESPONSIBILITIES.
   § 2. The state finance law is amended by adding a new section  97-uuuu
 to read as follows:
   §  97-UUUU. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  A  FUND  TO  BE  KNOWN AS THE UTILITY INTERVENOR
 ACCOUNT.
   2. SUCH ACCOUNT SHALL CONSIST  OF  ANY  MONIES  APPROPRIATED  FOR  THE
 PURPOSE  OF  PROVIDING COMPENSATION PURSUANT TO SECTION TWENTY-FOUR-C OF
 THE PUBLIC SERVICE LAW, AND ALL UTILITY INTERVENOR REIMBURSEMENT  MONIES
 RECEIVED  FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE PUBLIC
 SERVICE LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 PART NNN
 
   Section  1.  Section  15-0601 of the environmental conservation law is
 amended by adding four new subdivisions  4,  5,  6  and  7  to  read  as
 follows:
   4. "RESIDENT APPLICANT" SHALL MEAN A SINGLE OR MULTIFAMILY DWELLING.
   5.  "COMMERCIAL  APPLICANT"  SHALL MEAN A COMMERCIAL BUSINESS, PRIVATE
 SCHOOL,  UNIVERSITY,  NOT-FOR-PROFIT  CORPORATION,  OR  OTHER  NONPROFIT
 ORGANIZATION LOCATED WITHIN NASSAU OR SUFFOLK COUNTIES.
   6.  "ELIGIBLE  SMART  IRRIGATION DEVICE" SHALL MEAN A SMART IRRIGATION
 DEVICE THAT IS NEW, HAS NOT  BEEN  USED  OR  PREVIOUSLY  OWNED,  AND  IS
 PURCHASED FROM AN IN-PERSON OR ONLINE RETAILER.
   7.  "SMART  IRRIGATION DEVICE" SHALL MEAN ANY DEVICE WHICH IS INTENDED
 TO BE USED OR IS ACTUALLY USED FOR  IRRIGATION  AND  THE  MONITORING  OF
 LOCAL  WEATHER DATA TO AUTOMATICALLY ALTER IRRIGATION SCHEDULES BASED ON
 SUCH DATA, AND SHALL INCLUDE SUCH DEVICES AS SMART  IRRIGATION  CONTROL-
 LERS AND SMART SPRINKLER SYSTEMS.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 15-0609 to read as follows:
 § 15-0609. SMART IRRIGATION DEVICE REBATE PILOT PROGRAM  IN  NASSAU  AND
              SUFFOLK COUNTIES.
   1.  THERE  IS  HEREBY CREATED WITHIN THE DEPARTMENT A SMART IRRIGATION
 DEVICE REBATE PILOT PROGRAM. THE LEGISLATURE FINDS THAT  THE  SUPPLY  OF
 WATER FROM LONG ISLAND'S AQUIFERS IS A PRECIOUS AND FINITE RESOURCE THAT
 IS  SPECIFICALLY THREATENED BY SALTWATER INTRUSION.  SALTWATER INTRUSION
 AFFECTS MANY COMMUNITIES ON LONG ISLAND,  INCLUDING  THE  CITY  OF  LONG
 BEACH,  WHICH OVER THE PAST FORTY-FIVE YEARS AT LEAST, HAS SEEN THE SLOW
 YET STEADY INTRUSION OF SUCH SALTWATER INTO THE SHALLOWER LAYERS OF  THE
 LLOYD  AQUIFER,  WHICH  SUPPLIES  THE CITY'S WATER.   IT IS ESSENTIAL TO
 PROPERLY MANAGE THE USE OF WATER IN  ORDER  TO  ASSURE  THAT  THE  WATER
 SUPPLY  WILL  BE  SUFFICIENT TO MEET CURRENT AND FUTURE NEEDS. THE IRRI-
 GATION OF COMMERCIAL AND RESIDENTIAL LAWNS AND GARDENS PLACES A  SIGNIF-
 ICANT  DEMAND  ON  THE WATER SUPPLY AND CONSERVATION EFFORTS ARE A CRIT-
 ICALLY IMPORTANT PART OF PROPER MANAGEMENT OF SUCH  WATER  SUPPLY.  DATA
 PROVIDED  BY  THE  UNITED  STATES  GEOLOGICAL SURVEY INDICATES THAT LONG
 ISLAND RESIDENTS USE SEVENTY PERCENT MORE WATER THAN THE NATIONAL  AVER-
 AGE; AND, CONSUMPTION SPIKES IN THE PEAK WATER PUMPAGE SEASON DURING THE
 S. 3008--B                         185
 
 SUMMER, MAINLY BECAUSE OF LAWN IRRIGATION.  FURTHERMORE, IN TWO THOUSAND
 SEVENTEEN,  THE  DEPARTMENT  REQUIRED  PUBLIC WATER SUPPLIERS TO DEVELOP
 PLANS TO REDUCE PEAK SEASON WATER PUMPAGE BY FIFTEEN PERCENT.  ACCORDING
 TO  DATA  FROM  A  TWO THOUSAND TWENTY-THREE REPORT FROM THE LONG ISLAND
 COMMISSION FOR AQUIFER PROTECTION, INCREASED IRRIGATION CONTROL IS NEED-
 ED AS PEAK WATER PUMPAGE IN NASSAU COUNTY WAS THREE AND ONE-HALF PERCENT
 LOWER THAN THE AVERAGE FOR THE PREVIOUS DECADE; AND, IN SUFFOLK  COUNTY,
 WATER  USE  ACTUALLY  INCREASED.  ADDITIONALLY, SMART IRRIGATION SYSTEMS
 HAVE A BENEFICIAL IMPACT ON CONSERVING WATER AND ENSURE A HIGH LEVEL  OF
 LAWNCARE  BEAUTIFICATION BY COMMERCIAL BUSINESSES AND RESIDENTS.  THERE-
 FORE, THE PURPOSE OF THE PROGRAM IS TO REDUCE WATER CONSUMPTION, PROPER-
 LY MANAGE THE USE OF WATER TO MEET CURRENT  AND  FUTURE  NEEDS,  ENHANCE
 CONSERVATION  EFFORTS  AND INCREASE EFFECTIVE IRRIGATION TECHNIQUES. THE
 COUNTIES OF NASSAU AND SUFFOLK CAN BENEFIT FROM SUCH PROGRAM.
   2. THE DEPARTMENT SHALL CREATE A  PROGRAM,  SUBJECT  TO  APPROPRIATION
 THEREFORE, TO AWARD REBATES TO COMMERCIAL APPLICANTS AND RESIDENT APPLI-
 CANTS  WITHIN  NASSAU AND SUFFOLK COUNTIES FOR ELIGIBLE SMART IRRIGATION
 DEVICES IN AMOUNTS DETERMINED BY THE DEPARTMENT. THE PROGRAM SHALL  OPEN
 FOR APPLICATIONS ON MARCH FIRST, TWO THOUSAND TWENTY-SIX.
   3.  THE  DEPARTMENT  SHALL  DETERMINE THE MAXIMUM REBATE ALLOWABLE FOR
 COMMERCIAL APPLICANTS AND FOR RESIDENT APPLICANTS IN ACCORDANCE WITH THE
 REQUIREMENTS OF THIS SECTION AND RULES PROMULGATED  BY  THE  DEPARTMENT,
 TAKING  INTO  CONSIDERATION  THE EFFECTIVENESS OF PRODUCTS AT THE LOWEST
 PRICE POINT. REBATES SHALL BE ALLOCATED  TO  ELIGIBLE  APPLICANTS  ON  A
 FIRST-COME,  FIRST-SERVED  BASIS, DETERMINED BY THE DATE THE APPLICATION
 IS RECEIVED, FOR SYSTEMS PURCHASED AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  UNTIL THE EARLIER OF THE EXPENDITURE OF ALL APPROPRIATED FUNDS
 OR THE PROGRAM END DATE.
   4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO  IMPLEMENT
 AND  ADMINISTER  THE  PROVISIONS  OF  THIS SECTION NO LATER THAN JANUARY
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, INCLUDING RULES  AND  REGULATIONS
 RELATING  TO  THE  TYPES OF SMART IRRIGATION DEVICES ELIGIBLE UNDER THIS
 SECTION AND REBATE AMOUNTS FOR SUCH DEVICES, THE  FORMS,  PROCEDURE  AND
 GUIDELINES  REQUIRED  TO  CLAIM A REBATE, THE REQUIRED DOCUMENTATION AND
 BASIS FOR ESTABLISHING ELIGIBILITY  FOR  A  REBATE,  THE  COLLECTION  OF
 ECONOMIC  IMPACT  DATA  FROM  APPLICANTS, AND ANY OTHER REQUIREMENTS THE
 DEPARTMENT DEEMS NECESSARY. IN THE COURSE OF DEVELOPING SUCH  RULES  AND
 REGULATIONS,  THE  DEPARTMENT  SHALL CONSULT WITH RELEVANT STAKEHOLDERS,
 INCLUDING THE NASSAU COUNTY DEPARTMENT OF  HEALTH,  THE  SUFFOLK  COUNTY
 DEPARTMENT  OF  HEALTH  AND  RETAILERS SELLING ELIGIBLE SMART IRRIGATION
 DEVICES. THE DEPARTMENT  SHALL  CONDUCT  EDUCATION  AND  OUTREACH,  WITH
 INFORMATIONAL MATERIALS MADE AVAILABLE IN ENGLISH AND AT LEAST THE THREE
 MOST  COMMON  NON-ENGLISH  LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-
 ENGLISH PROFICIENCY IN NASSAU AND  SUFFOLK  COUNTIES,  BASED  ON  UNITED
 STATES  CENSUS  DATA,  AS  NECESSARY  TO INFORM POTENTIAL APPLICANTS AND
 MANUFACTURERS AND RETAILERS OF SMART IRRIGATION DEVICES ABOUT THE  SMART
 IRRIGATION EQUIPMENT REBATE PILOT PROGRAM.
   5.  THE  DEPARTMENT  SHALL  DETERMINE AND PUBLISH ON ITS WEBSITE ON AN
 ONGOING BASIS THE AMOUNT OF AVAILABLE FUNDING FOR REBATES  REMAINING  IN
 EACH FISCAL YEAR.
   6.  NO  LATER  THAN ONE YEAR AFTER THE PROGRAM HAS OPENED FOR APPLICA-
 TIONS, THE DEPARTMENT SHALL ISSUE A REPORT TO THE TEMPORARY PRESIDENT OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY DETAILING THE STATUS  OF  THE
 SMART IRRIGATION DEVICE REBATE PILOT PROGRAM IN NASSAU AND SUFFOLK COUN-
 TIES. SUCH REPORT SHALL INCLUDE:
 S. 3008--B                         186
 
   (A)  THE AMOUNT OF FUNDING DEDICATED BY THE DEPARTMENT FOR THE PROGRAM
 IN THE PRECEDING YEAR;
   (B) THE AMOUNT OF ELIGIBLE PURCHASES FOR WHICH A REBATE WAS AWARDED;
   (C) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES;
   (D) RECOMMENDATIONS TO IMPROVE PROGRAM EFFECTIVENESS, INCLUDING WHETH-
 ER  SUCH  ELIGIBLE  SMART IRRIGATION DEVICES SHOULD BECOME TAX EXEMPT TO
 INCREASE UPTAKE BY COMMERCIAL AND RESIDENTIAL APPLICANTS; AND
   (E) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed three years after it shall have become a law.
 
                                 PART OOO
 
   Section  1.  Section  56-0501 of the environmental conservation law is
 amended by adding a new subdivision 3 to read as follows:
   3. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-FIVE--TWO  THOU-
 SAND TWENTY-SIX, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED WITHIN
 AVAILABLE APPROPRIATIONS.
   §  2.  Subdivision 1 of section 56-0502 of the environmental conserva-
 tion law is REPEALED.
   § 3. Subdivisions 1-a and 5 of section 56-0502  of  the  environmental
 conservation  law, subdivision 1-a as added and subdivision 5 as amended
 by section 2 of part D of chapter 577 of the laws of 2004,  are  amended
 and two new subdivisions 1 and 7 are added to read as follows:
   1.  "CONTAMINANT"  SHALL  MEAN  HAZARDOUS  WASTE AS DEFINED IN SECTION
 27-1301 OF THIS CHAPTER, PETROLEUM AS DEFINED  IN  SECTION  ONE  HUNDRED
 SEVENTY-TWO OF THE NAVIGATION LAW, THE CHEMICALS IDENTIFIED IN PARAGRAPH
 C  OF  SUBDIVISION  THREE OF SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC
 HEALTH LAW WHETHER OR NOT  LISTED  PURSUANT  TO  THE  AUTHORITY  OF  THE
 DEPARTMENT  OF  HEALTH UNDER SUCH SECTION AND ANY OTHER EMERGING CONTAM-
 INANTS AS DEFINED IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC  HEALTH
 LAW,  AND  ANY OTHER PFAS SUBSTANCES FOR WHICH A TESTING METHOD HAS BEEN
 RECOMMENDED, CERTIFIED, APPROVED OR IS IN USE BY  THE  FEDERAL  ENVIRON-
 MENTAL PROTECTION AGENCY, THE DEPARTMENT OF HEALTH OR THE DEPARTMENT.
   1-a. "Contamination" or "contaminated" shall [have the same meaning as
 provided  in  section  27-1405  of  this chapter] MEAN THE PRESENCE OF A
 CONTAMINANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL,  SURFACE  WATER,
 GROUNDWATER, AIR, OR INDOOR AIR.
   5.  "Municipality",  for  purposes  of this title, shall have the same
 meaning as provided in subdivision fifteen of section  56-0101  of  this
 article,  except  that  such term shall not refer to a municipality that
 [generated, transported, or disposed of, arranged for,  or  that  caused
 the  generation, transportation, or disposal of contamination located at
 real property proposed to be investigated or to be remediated  under  an
 environmental  restoration project. For purposes of this title, the term
 municipality includes a municipality acting in partnership with a commu-
 nity based organization], THROUGH GROSS NEGLIGENCE OR WILLFUL OR  INTEN-
 TIONAL  MISCONDUCT, CAUSED OR CONTRIBUTED TO CONTAMINATION WHICH THREAT-
 ENS  PUBLIC  HEALTH  OR  THE  ENVIRONMENT,  AT  REAL  PROPERTY   TO   BE
 INVESTIGATED OR REMEDIATED UNDER AN ENVIRONMENTAL RESTORATION PROJECT.
   7.  "PFAS SUBSTANCES" SHALL MEAN A CLASS OF FLUORINATED ORGANIC CHEMI-
 CALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.
   § 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ-
 mental conservation law, as amended by section 38 of part BB of  chapter
 56 of the laws of 2015, is amended to read as follows:
 S. 3008--B                         187
 
   (c)  A  provision  that the municipality shall assist in identifying a
 responsible party by searching local  records,  including  property  tax
 rolls,  or  document  reviews,  and  if, in accordance with the required
 departmental approval of any settlement with a  responsible  party,  any
 responsible party payments become available to the municipality, before,
 during  or after the completion of an environmental restoration project,
 which were not included when the state share was calculated pursuant  to
 this  section,  [the  state assistance share shall be recalculated, and]
 THE VALUE OF SUCH SETTLEMENT SHALL BE USED BY THE MUNICIPALITY  TO  FUND
 ITS  MUNICIPAL SHARE, AND THE STATE ASSISTANCE SHARE SHALL NOT BE RECAL-
 CULATED, TO THE EXTENT THAT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS  IS
 EQUAL  TO  OR LESS THAN THE MUNICIPAL SHARE.  TO THE EXTENT THE TOTAL OF
 ALL SUCH SETTLEMENT AMOUNTS EXCEEDS THE  MUNICIPAL  SHARE,  the  munici-
 pality  shall  pay  SUCH  EXCEEDANCE  to the state, for deposit into the
 environmental restoration project account of the hazardous waste remedi-
 al fund established under section ninety-seven-b of  the  state  finance
 law[,  the  difference between the original state assistance payment and
 the recalculated state share. Recalculation of the state share shall  be
 done  each  time  a  payment from a responsible party is received by the
 municipality];
   § 5. Paragraphs (a), (d), and (e) of subdivision 1 of section  56-0505
 of the environmental conservation law, as amended by section 5 of part D
 of chapter 1 of the laws of 2003, are amended and a new paragraph (f) is
 added to read as follows:
   (a)  the  benefit to the environment AND PUBLIC HEALTH realized by the
 expeditious remediation of the property proposed to be subject  to  such
 project;
   (d) real property in a designated brownfield opportunity area pursuant
 to  section  nine hundred seventy-r of the general municipal law OR REAL
 PROPERTY IN A DISADVANTAGED COMMUNITY PURSUANT TO  SUBDIVISION  FIVE  OF
 SECTION 75-0101 OF THIS CHAPTER; [and]
   (e)  the opportunity for other funding sources to be available for the
 INVESTIGATION OR remediation of such property, including, but not limit-
 ed to, enforcement actions against responsible parties (other  than  the
 municipality to which state assistance was provided under this title; or
 a  successor in title, lender, or lessee who was not otherwise a respon-
 sible party prior to such municipality taking title  to  the  property),
 state  assistance payments pursuant to title thirteen of article twenty-
 seven of this chapter, and the existence of private parties  willing  to
 remediate  such property using private funding sources. Highest priority
 shall be granted to projects for which other such  funding  sources  are
 not available[.]; AND
   (F)  FOR  DRINKING  WATER  CONTAMINATION  SITES  AS DEFINED IN SECTION
 27-1201 OF THIS CHAPTER, ANY REQUIREMENTS MADE BY  THE  COMMISSIONER  OF
 HEALTH  PURSUANT  TO  SECTION 27-1205 OF THIS CHAPTER, FOR A MUNICIPALLY
 OWNED PUBLIC WATER SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERG-
 ING CONTAMINANT OR CONTAMINANTS.
   § 6. Subdivision 2 of section 56-0505 of the  environmental  conserva-
 tion law is REPEALED.
   §  7. Subdivisions 3, 4, and 5 of section 56-0505 of the environmental
 conservation law are renumbered subdivisions 2, 3, and 4 and subdivision
 2, as amended by section 5 of part D of chapter 1 of the  laws  of  2003
 and as renumbered by this section, is amended to read as follows:
   2.  The  remediation objective of an environmental restoration remedi-
 ation project shall meet the same  standard  for  protection  of  public
 S. 3008--B                         188
 
 health  and  the environment that applies to remedial actions undertaken
 pursuant to [section] SECTIONS 27-1313 AND 27-1205 of this chapter.
   §  8.  Subdivision 3 of section 56-0509 of the environmental conserva-
 tion law, as amended by section 4 of part D of chapter 577 of  the  laws
 of 2004, is amended to read as follows:
   3. (A) The state shall indemnify and save harmless any municipality[,]
 THAT  COMPLETES  AN  ENVIRONMENTAL  RESTORATION  REMEDIATION  PROJECT IN
 COMPLIANCE WITH THE TERMS AND CONDITIONS OF A STATE ASSISTANCE  CONTRACT
 OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF
 THIS TITLE PROVIDING SUCH ASSISTANCE AND ANY successor in title, lessee,
 or  lender  [identified  in  paragraph  (a)  of  subdivision one of this
 section] in the amount of any judgment or settlement,  obtained  against
 such  municipality,  successor  in title, lessee, or lender in any court
 for any common law cause of action arising out of: (I) the  presence  of
 any contamination in or on property at anytime before the effective date
 of  a  contract  entered  into pursuant to this title; OR (II) MUNICIPAL
 ACTIONS RELATED TO THE IMPLEMENTATION OF THE  ENVIRONMENTAL  RESTORATION
 REMEDIATION PROJECT.
   (B)  Such municipality, successor in title, lessee, or lender shall be
 entitled to representation by the attorney general, unless the  attorney
 general  determines,  or  a  court of competent jurisdiction determines,
 that such representation would constitute a  conflict  of  interest,  in
 which  case  the  attorney general shall certify to the comptroller that
 such party is entitled to private counsel of its choice, and  reasonable
 attorneys'  fees  and  expenses  shall  be  reimbursed by the state. Any
 settlement of such an action shall be subject to  the  approval  of  the
 attorney  general  as to form and amount, and this subdivision shall not
 apply to any settlement of any such action which has not  received  such
 approval.
   § 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter
 413  of  the  laws of 1996,   a memorandum of understanding shall not be
 required to make available twenty million dollars ($20,000,000) from the
 Clean Water/Clean Air Bond Act of 1996  for state assistance payments to
 municipalities for environmental remediation in accordance with title  5
 of article 56 of the environmental conservation law.
   § 10. This act shall take effect immediately.
 
                                 PART PPP
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 1885 to read as follows:
   § 1885. PREVIOUSLY OWNED ZERO-EMISSION  VEHICLES  REBATE  PROGRAM.  1.
 THERE  IS  HEREBY  CREATED WITHIN THE AUTHORITY A ZERO-EMISSION VEHICLES
 REBATE PROGRAM. THE PURPOSE OF THE PROGRAM IS TO REDUCE  GREENHOUSE  GAS
 EMISSIONS,  IMPROVE AIR QUALITY, AND REDUCE NOISE POLLUTION BY PROMOTING
 THE ADOPTION OF QUIETER, ZERO-EMISSION VEHICLES.
   2. AS USED IN THIS SECTION:
   (A) "INSTITUTIONAL OR COMMERCIAL APPLICANT" SHALL  MEAN  A  COMMERCIAL
 BUSINESS,  OR  A  STATE  AGENCY, STATE AUTHORITY, LOCAL AUTHORITY, TOWN,
 COUNTY, VILLAGE, SCHOOL DISTRICT, PRIVATE SCHOOL,  UNIVERSITY,  NOT-FOR-
 PROFIT CORPORATION, OR OTHER NONPROFIT ORGANIZATION.
   (B) "INDIVIDUAL APPLICANT" SHALL MEAN A PERSON, WHO IS NOT AN INSTITU-
 TIONAL OR COMMERCIAL APPLICANT, AND WHO INTENDS TO USE AN ELIGIBLE ZERO-
 EMISSION  VEHICLE  FOR  PRIVATE  HOME  USE  AND  NOT  FOR ANY COMMERCIAL
 PURPOSES.
 S. 3008--B                         189
 
   (C) "ZERO-EMISSION VEHICLE" SHALL HAVE THE SAME MEANING AS UNDER  PART
 TWO HUNDRED EIGHTEEN OF TITLE SIX OF THE NEW YORK CODES, RULES AND REGU-
 LATIONS.
   (D)  "ELIGIBLE ZERO-EMISSION VEHICLE" SHALL MEAN A ZERO-EMISSION VEHI-
 CLE THAT HAS BEEN USED OR PREVIOUSLY OWNED, AND IS PURCHASED  OR  LEASED
 FROM A STOREFRONT OR ONLINE RETAILER.
   (E)  "LOCAL  AUTHORITY"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
 TWO OF SECTION TWO OF THIS CHAPTER.
   (F) "STATE AGENCY" SHALL MEAN ALL STATE DEPARTMENTS,  BOARDS,  COMMIS-
 SIONS, OFFICES OR INSTITUTIONS.
   (G)  "STATE  AUTHORITY"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
 ONE OF SECTION TWO OF THIS CHAPTER.
   3. THE AUTHORITY SHALL AWARD REBATES TO  INSTITUTIONAL  OR  COMMERCIAL
 APPLICANTS  AND  INDIVIDUAL APPLICANTS AT THE POINT OF SALE FOR ELIGIBLE
 ZERO-EMISSION VEHICLES IN AMOUNTS UP TO TWO THOUSAND DOLLARS, AS  DETER-
 MINED BY THE AUTHORITY.
   4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI-
 CANT  IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF THIS SECTION AND RULES
 PROMULGATED BY THE AUTHORITY. THE TOTAL AMOUNT OF REBATES  ALLOCATED  TO
 CERTIFIED  APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF
 FUNDS AVAILABLE FOR THE PROGRAM IN SUCH FISCAL YEAR.  REBATES  SHALL  BE
 ALLOCATED  TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED
 BY THE DATE THE APPLICATION IS RECEIVED, UNTIL  ALL  APPROPRIATED  FUNDS
 FOR  THE  FISCAL  YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES
 FIRST.
   5. THE AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS  TO  IMPLEMENT
 AND  ADMINISTER  THE  PROVISIONS  OF THIS SECTION NO LATER THAN ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS  SECTION,  INCLUDING  RULES  AND  REGU-
 LATIONS  RELATING  TO  THE  FORMS  REQUIRED TO CLAIM A REBATE UNDER THIS
 SECTION, THE REQUIRED DOCUMENTATION AND BASIS FOR ESTABLISHING ELIGIBIL-
 ITY FOR A REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A  REBATE,  THE
 COLLECTION  OF  ECONOMIC  IMPACT  DATA  FROM  APPLICANTS,  AND ANY OTHER
 REQUIREMENTS THE AUTHORITY DEEMS NECESSARY. THE AUTHORITY SHALL  CONDUCT
 EDUCATION  AND  OUTREACH, WITH INFORMATIONAL MATERIALS MADE AVAILABLE IN
 AT LEAST ENGLISH AND THE THREE MOST COMMON NON-ENGLISH LANGUAGES  SPOKEN
 BY  INDIVIDUALS  WITH  LIMITED-ENGLISH  PROFICIENCY  IN THE STATE OF NEW
 YORK, BASED ON UNITED STATES CENSUS DATA, AS NECESSARY TO INFORM  POTEN-
 TIAL  APPLICANTS  AND MANUFACTURERS AND RETAILERS OF ELIGIBLE ZERO-EMIS-
 SION VEHICLES ABOUT THE ZERO-EMISSION VEHICLES REBATE PROGRAM.
   6. THE AUTHORITY SHALL DETERMINE AND PUBLISH  ON  ITS  WEBSITE  ON  AN
 ONGOING  BASIS  THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN
 EACH FISCAL YEAR.
   7. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  SECTION,
 AND  ANNUALLY  THEREAFTER  ON  THE FIRST OF JANUARY, THE AUTHORITY SHALL
 ISSUE A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF
 THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE ON ENERGY AND TELECOMMU-
 NICATIONS  AND  THE  CHAIR OF THE ASSEMBLY COMMITTEE ON ENERGY DETAILING
 THE STATUS OF THE ZERO-EMISSION VEHICLES  REBATE  PROGRAM.  SUCH  REPORT
 SHALL INCLUDE:
   (A)  THE  AMOUNT OF FUNDING DEDICATED BY THE AUTHORITY FOR THE PROGRAM
 IN THE PRECEDING YEAR;
   (B) THE AMOUNT OF ELIGIBLE PURCHASES FOR WHICH A REBATE WAS AWARDED;
   (C) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES; AND
   (D) ANY OTHER INFORMATION THE AUTHORITY DEEMS NECESSARY.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2031.
 S. 3008--B                         190
 
                                 PART QQQ
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 1885 to read as follows:
   § 1885. FLOATING SOLAR INCENTIVE AND EDUCATION PROGRAM. 1. AS USED  IN
 THIS  SECTION  THE  TERM  "FLOATING SOLAR" SHALL MEAN SOLAR PHOTOVOLTAIC
 SYSTEMS MOUNTED ON FLOATING STRUCTURES OR PLATFORMS ON THE SURFACE OF  A
 BODY  OF  WATER, INCLUDING BUT NOT LIMITED TO CANALS, LAKES, RESERVOIRS,
 AND PONDS.
   2. THE AUTHORITY SHALL ESTABLISH AND MAINTAIN A FLOATING SOLAR  INCEN-
 TIVE AND EDUCATION PROGRAM PURSUANT TO STANDARDS AND CRITERIA PROMULGAT-
 ED  BY  THE  AUTHORITY  WHICH  SHALL  PROVIDE  INFORMATION AND RESOURCES
 INCLUDING  TECHNICAL  ASSISTANCE,  ACCESS  TO  INDUSTRY  STANDARDS,  AND
 FINANCING  AVAILABLE  THROUGH  THE  AUTHORITY OR OTHER PUBLIC OR PRIVATE
 SECTOR SOURCES, TO MUNICIPALITIES, DEVELOPERS, BUILDERS, DESIGN  PROFES-
 SIONALS, AND POTENTIAL OWNERS FOR THE CONSTRUCTION OF FLOATING SOLAR.
   3. THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (A)  GRANTS  FOR  THE  DEVELOPMENT OF FLOATING SOLAR ON SITES THAT ARE
 CONSTRUCTED ON CANALS, RESERVOIRS, COMMERCIAL AND INDUSTRIAL PONDS,  AND
 ANY  OTHER  ARTIFICIALLY  CREATED  BODY  OF  WATER SUITABLE FOR SITING A
 FLOATING SOLAR PROJECT;
   (B) IDENTIFICATION OF BEST PRACTICES AND STRATEGIES FOR SITING  FLOAT-
 ING SOLAR PROJECTS THAT PROTECT THE ECOSYSTEMS OF BODIES OF WATER;
   (C)  MONITORING  ANY IMPACTS FLOATING SOLAR MAY HAVE ON WATER QUALITY,
 WATER CONSERVATION, AND ALGAE CONTROL; AND
   (D) ESTABLISHING AND DISTRIBUTING EDUCATIONAL MATERIALS AND  RESOURCES
 ABOUT  SITING,  CONSTRUCTION,  MAINTENANCE,  AND AVAILABLE INCENTIVES ON
 FLOATING SOLAR.
   4. THE AUTHORITY, IN CONSULTATION WITH THE PUBLIC  SERVICE  COMMISSION
 AND  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL PROMULGATE ALL
 RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAM.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                 PART RRR
 
   Section 1. The public service law is amended by adding a  new  section
 66-x to read as follows:
   §  66-X.  ADVANCING GRID ENHANCEMENT TECHNOLOGIES. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "GRID ENHANCING TECHNOLOGY" MEANS ANY HARDWARE OR  SOFTWARE  TECH-
 NOLOGY  THAT  ENABLES  ENHANCED  OR  MORE EFFICIENT PERFORMANCE FROM THE
 ELECTRIC TRANSMISSION SYSTEM, INCLUDING, BUT  NOT  LIMITED  TO,  DYNAMIC
 LINE  RATING, ADVANCED POWER FLOW CONTROL TECHNOLOGY, TOPOLOGY OPTIMIZA-
 TION AND ADVANCED RECONDUCTORING.
   (B) "ADVANCED RECONDUCTORS" MEANS HARDWARE TECHNOLOGY THAT CAN CONDUCT
 ELECTRICITY ACROSS TRANSMISSION LINES AND DEMONSTRATE ENHANCED  PERFORM-
 ANCE OVER TRADITIONAL CONDUCTOR PRODUCTS.
   (C)  "DYNAMIC LINE RATING" MEANS HARDWARE AND/OR SOFTWARE TECHNOLOGIES
 USED TO APPROPRIATELY UPDATE THE CALCULATED THERMAL LIMITS  OF  EXISTING
 TRANSMISSION LINES BASED ON REAL-TIME AND FORECASTED WEATHER CONDITIONS.
   (D) "ADVANCED POWER FLOW CONTROL" MEANS HARDWARE AND/OR SOFTWARE TECH-
 NOLOGIES  USED  TO PUSH OR PULL ELECTRIC POWER IN A MANNER THAT BALANCES
 S. 3008--B                         191
 
 OVERLOADED LINES AND UNDERUTILIZED  CORRIDORS  WITHIN  THE  TRANSMISSION
 NETWORK.
   (E)  "TOPOLOGY  OPTIMIZATION" MEANS HARDWARE AND/OR SOFTWARE TECHNOLO-
 GIES THAT IDENTIFY RECONFIGURATIONS OF THE  TRANSMISSION  GRID  AND  CAN
 ENABLE  THE ROUTING OF POWER FLOWS AROUND CONGESTED OR OVERLOADED TRANS-
 MISSION ELEMENTS.
   (F) "ELECTRIC CORPORATION" AND "COMBINATION ELECTRIC  AND  GAS  CORPO-
 RATION" SHALL HAVE THE SAME MEANING AS IN SECTION TWO OF THIS CHAPTER.
   (G)  "TRANSMISSION"  SHALL  HAVE  THE  SAME MEANING AS "MAJOR ELECTRIC
 TRANSMISSION FACILITY" AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN OF
 THIS CHAPTER.
   2. FOR PROCEEDINGS BEFORE THE COMMISSION IN WHICH AN  ELECTRIC  CORPO-
 RATION  OR  COMBINATION  ELECTRIC  AND  GAS CORPORATION PROPOSES CAPITAL
 IMPROVEMENTS OR ADDITIONS TO THE TRANSMISSION SYSTEM, THE DEPARTMENT MAY
 AUTHORIZE SUCH ELECTRIC CORPORATIONS OR  COMBINATION  ELECTRIC  AND  GAS
 CORPORATIONS TO CONDUCT A COST-EFFECTIVENESS ANALYSIS OF MULTIPLE STRAT-
 EGIES,  INCLUDING,  BUT NOT LIMITED TO, THE DEPLOYMENT OF GRID ENHANCING
 TECHNOLOGIES, AND ADVANCED RECONDUCTORING.  WHERE GRID  ENHANCING  TECH-
 NOLOGIES  OR  ADVANCED  RECONDUCTORING,  WHETHER  IN COMBINATION WITH OR
 INSTEAD OF OTHER CAPITAL INVESTMENTS, OFFER A MORE COST-EFFECTIVE STRAT-
 EGY TO ACHIEVE  TRANSMISSION  GOALS,  INCLUDING,  BUT  NOT  LIMITED  TO,
 DISTRIBUTED  ENERGY RESOURCE INTERCONNECTION, THE COMMISSION MAY APPROVE
 THE DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES OR ADVANCED RECONDUCTORING
 AS PART OF THE OVERALL SOLUTIONS STRATEGY.
   3. AS PART OF A PROCEEDING BEFORE THE COMMISSION IN WHICH IT  PROPOSES
 CAPITAL  IMPROVEMENTS  OR ADDITIONS TO THE TRANSMISSION SYSTEM, AN ELEC-
 TRIC CORPORATION OR COMBINATION ELECTRIC AND GAS CORPORATION MAY PROPOSE
 A PERFORMANCE INCENTIVE MECHANISM THAT PROVIDES  A  FINANCIAL  INCENTIVE
 FOR  THE  COST-EFFECTIVE  DEPLOYMENT  OF  GRID ENHANCING TECHNOLOGIES OR
 ADVANCED RECONDUCTORING.
   4. THE DEPARTMENT SHALL PROMULGATE ANY  RULES  AND/OR  REGULATIONS  IT
 DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   5.  BEGINNING FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND
 EVERY FIVE YEARS THEREAFTER, EACH ELECTRIC  CORPORATION  OR  COMBINATION
 ELECTRIC  AND  GAS  CORPORATION SHALL REPORT TO THE FEDERALLY DESIGNATED
 BULK SYSTEM OPERATOR, AND THE COMMISSION ON OR BEFORE SEPTEMBER FIRST ON
 THE DEPLOYMENT OF ANY GRID ENHANCING TECHNOLOGIES OR ADVANCED  RECONDUC-
 TORING IN A FORMAT DETERMINED BY THE DEPARTMENT.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 31 to read as follows:
   31. FOR ANY TRANSMISSION FACILITY THE AUTHORITY CONSTRUCTS OR UPGRADES
 IN  CONNECTION WITH THIS SECTION THE AUTHORITY MAY CONDUCT A COST-EFFEC-
 TIVENESS ANALYSIS OF MULTIPLE STRATEGIES, INCLUDING, BUT NOT LIMITED TO,
 THE DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES AND ADVANCED  RECONDUCTOR-
 ING.  WHERE  GRID  ENHANCING  TECHNOLOGIES  OR  ADVANCED RECONDUCTORING,
 WHETHER IN COMBINATION WITH OR INSTEAD  OF  OTHER  CAPITAL  INVESTMENTS,
 OFFER  A  MORE  COST-EFFECTIVE  STRATEGY  TO ACHIEVE TRANSMISSION GOALS,
 INCLUDING, BUT NOT LIMITED TO,  DISTRIBUTED  ENERGY  RESOURCE  INTERCON-
 NECTION, THE AUTHORITY, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES
 AND  WITH  ANY NECESSARY APPROVAL FROM THE PUBLIC SERVICE COMMISSION, IS
 AUTHORIZED TO DEPLOY GRID ENHANCING TECHNOLOGIES OR  ADVANCED  RECONDUC-
 TORING, AS PART OF THE OVERALL SOLUTIONS STRATEGY.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                 PART SSS
 S. 3008--B                         192
 
   Section 1. Paragraphs (a) and (b) of subdivision 2-a of section 314 of
 the executive law, as amended by chapter 96 of the laws of 2019, subpar-
 agraph (i) of paragraph (a) as amended by chapter 669  of  the  laws  of
 2022, are amended to read as follows:
   (a)  The director shall establish a procedure [enabling] REQUIRING the
 office to accept New York municipal corporation certification  verifica-
 tion for minority and women-owned business enterprise applicants in lieu
 of  requiring  the applicant to complete the state certification process
 SEPARATELY.  [The] ANY MUNICIPAL CORPORATION THAT CHOOSES  TO  USE  SUCH
 PROCEDURE SHALL FIRST ENTER INTO A MEMORANDUM OF UNDERSTANDING REGARDING
 ACCEPTANCE OF SUCH MUNICIPAL CORPORATION CERTIFICATION VERIFICATION WITH
 THE  OFFICE,  AND THE director shall promulgate rules and regulations to
 set forth criteria for the acceptance of municipal  corporation  certif-
 ication.  [All  eligible municipal corporation certifications] AN APPLI-
 CANT CERTIFIED IN LIEU OF COMPLETING  THE  STATE  CERTIFICATION  PROCESS
 SEPARATELY  PURSUANT TO THIS SECTION shall [require] MEET THE DEFINITION
 OF A MINORITY-OWNED business [enterprises seeking certification to  meet
 the following standards:
   (i)  have  at  least fifty-one percent ownership by a minority] ENTER-
 PRISE or a women-owned BUSINESS  enterprise  [and  be  owned  by  United
 States citizens or permanent resident noncitizens;
   (ii)  be  an  enterprise  in which the minority and/or women-ownership
 interest is real, substantial and continuing;
   (iii) be an enterprise in which the  minority  and/or  women-ownership
 has  and exercises the authority to control independently the day-to-day
 business decisions of the enterprise;
   (iv) be an enterprise authorized to do business in this state;
   (v) be subject to a physical site inspection to verify  the  fifty-one
 percent ownership requirement;
   (vi)  be  owned  by  an  individual  or  individuals, whose ownership,
 control and operation are relied upon for certification, with a personal
 net worth that does not exceed fifteen million dollars  and  such  other
 amount as the director shall set forth in regulations, as adjusted annu-
 ally for inflation according to the consumer price index; and
   (vii)  be  an enterprise that is a small business pursuant to subdivi-
 sion twenty of] AS SET FORTH IN section three hundred ten of this  arti-
 cle IN ORDER TO RECEIVE STATE CERTIFICATION.
   (b)  The director shall work with all municipal corporations that have
 a municipal minority and  women-owned  business  enterprise  program  to
 develop  standards  to  accept state certification to meet the municipal
 corporation minority and women-owned business  enterprise  certification
 standards  WHENEVER  A  MUNICIPAL  CORPORATION REQUESTS ASSISTANCE. UPON
 ENTERING INTO A MEMORANDUM OF UNDERSTANDING PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION, EACH MUNICIPAL CORPORATION THAT HAS A MUNICIPAL MINOR-
 ITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM SHALL ESTABLISH A PROCE-
 DURE REQUIRING SUCH MUNICIPALITY TO ACCEPT STATE CERTIFICATION VERIFICA-
 TION FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE APPLICANTS IN LIEU
 OF REQUIRING APPLICANTS TO APPLY TO EACH ENTITY SEPARATELY. THE  MUNICI-
 PAL  CORPORATION  SHALL DEVELOP RULES AND REGULATIONS IN ORDER TO ACCEPT
 STATE CERTIFICATION IN SITUATIONS WHERE AN APPLICANT WHO IS CERTIFIED AS
 A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT  TO  THE  LAW  OR
 RULE  FOR  SUCH MUNICIPAL CORPORATION'S CERTIFICATION PROGRAM ALSO MEETS
 THE DEFINITION OF A MINORITY-OWNED BUSINESS  ENTERPRISE  OR  WOMEN-OWNED
 BUSINESS  ENTERPRISE  AS  SET FORTH IN SECTION THREE HUNDRED TEN OF THIS
 ARTICLE.
 S. 3008--B                         193
 
   § 2. This act shall take effect on  the  two  hundred  seventieth  day
 after it shall have become a law; provided, however, that the amendments
 to paragraphs (a) and (b) of subdivision 2-a of section 314 of the exec-
 utive law made by section one of this act shall not affect the repeal of
 such section and shall be deemed repealed therewith.
 
                                 PART TTT
 
   Section  1.  Legislative  intent.  The  legislature finds and declares
 that:
   1. The increasing burden of high utility rates leaves New  York  resi-
 dents  with  extreme  financial  difficulties. Soaring electricity rates
 leave one in five New York residents at risk of having their electricity
 cut off.  Meanwhile, the long-term trend of utilities  receiving  record
 profits threatens the livelihood of millions of New Yorkers who struggle
 to afford utility bills.
   2. The current process in which the public service commission (herein-
 after  the  "commission")  and regulated utilities set rates for utility
 bills to ratepayers has historically been inaccessible and  indeciphera-
 ble  to  the  public  and often runs contrary to the stated goals of the
 commission to ensure affordable,  safe,  secure,  and  reliable  utility
 service for New York residential and business consumers.
   3. Regulated utilities are entitled to earn a fair and reasonable rate
 of  return  on  their  capital  investments,  pursuant  to Supreme Court
 rulings in Federal Power Commission et  al.  v.  Hope  Natural  Gas  Co.
 (1944)  and  Bluefield Water Works and Improvement Co. v. Public Service
 Commission of West Virginia (1923). However, recent trends suggest  that
 the  "fair  and  reasonable"  legal  standard is not always reflected in
 actual utility rates for consumers.   Aligning the incentives  of  regu-
 lated  utilities and ratepayers is essential to protect the interests of
 all New York residents by establishing a more accurate  standard  for  a
 regulated utility's right to earn a fair and reasonable rate of return.
   § 2. The public service law is amended by adding a new section 65-c to
 read as follows:
   § 65-C. SETTING A RATE OF RETURN ON EQUITY AND COMMON EQUITY RATIO. 1.
 DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "REGULATED  UTILITY" MEANS AN "ELECTRIC CORPORATION", "GAS CORPO-
 RATION", "STEAM CORPORATION", OR "WATER-WORKS CORPORATION" AS DEFINED IN
 SECTION TWO OF THIS CHAPTER.
   (B) "GENERIC FINANCING METHODOLOGY" MEANS A STANDARDIZED PROCEDURE FOR
 DETERMINING THE AUTHORIZED RATES OF RETURN ON EQUITY AND  COMMON  EQUITY
 RATIOS OF UTILITIES REGULATED BY THE COMMISSION.
   (C)  "AUTHORIZED  COMMON EQUITY RATIO" MEANS THE AUTHORIZED PERCENTAGE
 OF A UTILITY'S TOTAL CAPITALIZATION, SUCH AS  COMMON  EQUITY,  PREFERRED
 STOCK,  AND  LONG-TERM  DEBT,  THAT  CONSISTS OF COMMON EQUITY, RETAINED
 EARNINGS, AND CAPITAL SURPLUS.
   (D) "ACTUAL COMMON EQUITY RATIO" MEANS  THE  ACTUAL  PERCENTAGE  OF  A
 UTILITY'S  TOTAL CAPITALIZATION, SUCH AS COMMON EQUITY, PREFERRED STOCK,
 AND LONG-TERM DEBT, THAT CONSISTS OF COMMON EQUITY,  RETAINED  EARNINGS,
 AND CAPITAL SURPLUS.
   (E)  "AUTHORIZED  RATE  OF  RETURN  ON EQUITY" ALSO KNOWN AS RETURN ON
 EQUITY ("ROE") OR THE COST OF EQUITY CAPITAL, MEANS THE  RETURN  ON  THE
 EQUITY  PORTION OF THE RATE BASE THAT REGULATED UTILITIES ARE AUTHORIZED
 TO COLLECT IN RATES.
 S. 3008--B                         194
 
   (F) "ACTUAL RATE OF RETURN ON EQUITY" MEANS  A  MEASURE  OF  FINANCIAL
 PERFORMANCE CALCULATED BY DIVIDING NET INCOME BY SHAREHOLDERS' EQUITY.
   (G)  "RATE  PERIOD" MEANS THE TIME PERIOD IN WHICH A REGULATED UTILITY
 COLLECTS RATES THAT ARE AUTHORIZED AND APPROVED BY THE COMMISSION.
   (H) "PUBLICLY AVAILABLE DATA" MEANS  PUBLISHED  DATA  THAT  IS  OPENLY
 ACCESSIBLE  VIA  THE INTERNET, OR INDIRECTLY ACCESSIBLE THROUGH A PUBLIC
 LIBRARY OR SIMILAR INSTITUTION.
   2. SETTING THE GENERIC FINANCING  METHODOLOGY;  COMMON  EQUITY  RATIO;
 RATE  OF  RETURN ON EQUITY. (A) ON AN ANNUAL BASIS, THE COMMISSION SHALL
 PROMULGATE RULES AND REGULATIONS THAT:
   (I) UPDATE THE GENERIC FINANCING METHODOLOGY SUCH THAT, TO THE  GREAT-
 EST  EXTENT  POSSIBLE,  ALL  OF ITS CALCULATIONS ARE BASED UPON PUBLICLY
 AVAILABLE DATA;
   (II) SET A FAIR AND REASONABLE AUTHORIZED COMMON EQUITY RATIO FOR EACH
 REGULATED UTILITY AND A SINGLE AUTHORIZED RATE OF RETURN ON  EQUITY  FOR
 ALL REGULATED UTILITIES, BASED ON THE GENERIC FINANCING METHODOLOGY; AND
   (III)  RECONCILE  THE PRIOR RATE PERIOD'S AUTHORIZED RATE OF RETURN ON
 EQUITY TO A CALCULATION OF THE AVERAGE MONTHLY RATE OF RETURN ON  EQUITY
 PRODUCED BY THE GENERIC FINANCING METHODOLOGY FOR THAT RATE PERIOD, SUCH
 AS  A  "TRUE-UP MECHANISM". IN MAKING THIS DETERMINATION, THE COMMISSION
 SHALL REQUIRE THAT: (A) ANY REVENUES DERIVED FROM AN AUTHORIZED RATE  OF
 RETURN  ON EQUITY EXCEEDING THE AVERAGE MONTHLY RATE OF RETURN ON EQUITY
 BE RETURNED TO RATEPAYERS IN THE FORM OF A SURCREDIT TO THEIR BILLS  FOR
 THE  FOLLOWING  RATE  PERIOD;  AND (B) ANY REVENUES THAT WOULD HAVE BEEN
 DERIVED FROM AN AVERAGE MONTHLY RATE OF RETURN ON EQUITY  EXCEEDING  THE
 AUTHORIZED  RATE  OF RETURN ON EQUITY SHALL BE RECOVERED FROM RATEPAYERS
 IN THE FORM OF A SURCHARGE TO THEIR BILLS FOR THE FOLLOWING RATE PERIOD.
   (B) THE PROMULGATED GENERIC FINANCING METHODOLOGY,  AUTHORIZED  COMMON
 EQUITY  RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, AND THE PRIOR YEAR'S
 AVERAGE MONTHLY RATE OF RETURN ON EQUITY SHALL CLEARLY STATE THE METHODS
 USED TO JUSTIFY AND EXPLAIN ITS PROPOSED GUIDANCE.
   (C) THE PROMULGATED GENERIC FINANCING METHODOLOGY,  AUTHORIZED  COMMON
 EQUITY  RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, AND PRIOR RATE PERI-
 OD'S AVERAGE MONTHLY RATE OF RETURN ON EQUITY SHALL BE SUBJECT TO TRADI-
 TIONAL NOTICE AND COMMENT PROCEDURES, AS OUTLINED IN THE STATE  ADMINIS-
 TRATIVE  PROCEDURE  ACT,  WHICH SHALL INCLUDE INPUT FROM PUBLIC INTEREST
 ORGANIZATIONS, UTILITY ACCOUNTING EXPERTS,  REPRESENTATIVES  FROM  REGU-
 LATED UTILITIES, AND OTHER ORGANIZATIONS AND INTERESTED PARTIES, INCLUD-
 ING RESIDENTS OF THIS STATE, AS NECESSARY.
   (D)  THE FINAL GENERIC FINANCING METHODOLOGY, AUTHORIZED COMMON EQUITY
 RATIO, AUTHORIZED RATE OF RETURN ON  EQUITY,  AND  PRIOR  RATE  PERIOD'S
 AVERAGE  MONTHLY  RATE  OF  RETURN  ON EQUITY ADOPTED BY THE COMMISSION,
 FOLLOWING THE NOTICE AND COMMENT PERIOD, SHALL GIVE  PREFERENCE  TO  THE
 BEST INTEREST OF THE RATEPAYERS.
   3.  ADOPTING  THE  AUTHORIZED  COMMON EQUITY RATIO, AUTHORIZED RATE OF
 RETURN ON EQUITY AND/OR PRIOR RATE  PERIOD'S  AVERAGE  MONTHLY  RATE  OF
 RETURN  ON  EQUITY.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION  FOUR OF THIS
 SECTION, EVERY REGULATED UTILITY SHALL:
   (A) ADOPT THE AUTHORIZED COMMON EQUITY  RATIO  BASED  ON  THE  GENERIC
 FINANCING  METHODOLOGY FOR THE FOLLOWING RATE PERIOD AS SET SPECIFICALLY
 FOR EACH REGULATED UTILITY BY THE COMMISSION;
   (B) ADOPT THE AUTHORIZED RATE OF RETURN ON EQUITY BASED ON THE GENERIC
 FINANCING METHODOLOGY FOR THE FOLLOWING RATE PERIOD; AND
   (C) ADOPT THE SURCREDIT/SURCHARGE BASED ON  THE  PRIOR  RATE  PERIOD'S
 AVERAGE MONTHLY RATE OF RETURN ON EQUITY, AS OUTLINED IN SUBDIVISION TWO
 OF THIS SECTION, FOR THE FOLLOWING RATE PERIOD.
 S. 3008--B                         195
 
   4.  REBUTTING  THE  AUTHORIZED  COMMON EQUITY RATIO, RATE OF RETURN ON
 EQUITY, AND PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE OF RETURN ON  EQUI-
 TY.  (A)  THE  BURDEN  OF  REBUTTING THE AUTHORIZED COMMON EQUITY RATIO,
 AUTHORIZED RATE OF RETURN ON EQUITY, AND/OR PRIOR RATE PERIOD'S  AVERAGE
 MONTHLY  RATE  OF RETURN ON EQUITY SHALL REST EXCLUSIVELY WITH THE REGU-
 LATED UTILITY DURING A PUBLIC HEARING FACILITATED BY THE COMMISSION.  IN
 ORDER TO REBUT THE AUTHORIZED COMMON EQUITY RATIO AND/OR AUTHORIZED RATE
 OF  RETURN  ON  EQUITY,  THE  REGULATED  UTILITY  SHALL FIRST INITIATE A
 REQUEST FOR PUBLIC HEARING THROUGH PROCEDURES OUTLINED  BY  THE  COMMIS-
 SION.  SHOULD  THE  COMMISSION  FIND  A SUBSTANTIAL BASIS FOR THE CLAIMS
 OUTLINED BY THE REGULATED UTILITY IN ITS REQUEST, IT SHALL PUBLISH A SET
 OF DATES FROM WHICH A PUBLIC HEARING SHALL TAKE PLACE.
   (B) DURING THE PUBLIC HEARING THE REGULATED UTILITY SHALL:
   (I) PRESENT DOCUMENTARY EVIDENCE, INCLUDING BUT NOT LIMITED TO  EXHIB-
 ITS, WRITTEN AND ORAL TESTIMONY, AND DATA, DESCRIBING WHY THE AUTHORIZED
 COMMON  EQUITY RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, OR PRIOR RATE
 PERIOD'S AVERAGE MONTHLY RATE OF RETURN ON  EQUITY  IS  INSUFFICIENT  TO
 MEET ITS CURRENT OR FUTURE OPERATING AND CAPITAL NEEDS;
   (II) PRESENT DOCUMENTARY EVIDENCE, INCLUDING BUT NOT LIMITED TO EXHIB-
 ITS, WRITTEN AND ORAL TESTIMONY, AND DATA, DESCRIBING WHY THE AUTHORIZED
 COMMON  EQUITY RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, OR PRIOR RATE
 PERIOD'S AVERAGE MONTHLY RATE OF RETURN ON EQUITY  DOES  NOT  PROVIDE  A
 FAIR AND REASONABLE RETURN;
   (III) DESCRIBE WITH SUFFICIENT DETAIL WHY THE AUTHORIZED COMMON EQUITY
 RATIO,  AUTHORIZED RATE OF RETURN ON EQUITY OR PRIOR RATE PERIOD'S AVER-
 AGE MONTHLY RATE OF RETURN ON EQUITY ADOPTED BY THE COMMISSION IS INSUF-
 FICIENT FOR THE REGULATED  UTILITY  TO  ATTRACT  CAPITAL  AT  REASONABLE
 TERMS; AND
   (IV)  DESCRIBE WITH SUFFICIENT DETAIL WHY THE AUTHORIZED COMMON EQUITY
 RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, OR PRIOR RATE PERIOD'S AVER-
 AGE MONTHLY RATE OF RETURN ON EQUITY IS INSUFFICIENT FOR  THE  REGULATED
 UTILITY TO MAINTAIN ITS FINANCIAL INTEGRITY DURING THE RATE YEAR.
   (C)  IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE,
 AFTER THE CONCLUSION OF THE PUBLIC HEARING, THAT THE  REGULATED  UTILITY
 HAS  SUFFICIENTLY  DEMONSTRATED THAT THE AUTHORIZED COMMON EQUITY RATIO,
 AUTHORIZED RATE OF RETURN ON EQUITY,  OR  PRIOR  RATE  PERIOD'S  AVERAGE
 MONTHLY  RATE  OF RETURN ON EQUITY IS INSUFFICIENT TO MEET THE REGULATED
 UTILITIES' OPERATING NEEDS, CAPITAL NEEDS, OR BOTH, THEN THE  COMMISSION
 AND  THE REGULATED UTILITY SHALL THEN ENTER INTO SETTLEMENT NEGOTIATIONS
 THROUGH ADJUDICATION PURSUANT TO THE PROCEDURES SET OUT UNDER THIS ARTI-
 CLE.
   5. SETTLEMENT NEGOTIATIONS FOLLOWING SUCCESSFUL REBUTTAL. ALL  SETTLE-
 MENT  NEGOTIATIONS  SHALL  TAKE INTO CONSIDERATION THE FOLLOWING FACTORS
 PRIOR TO REACHING A FINAL AUTHORIZED  COMMON  EQUITY  RATIO,  AUTHORIZED
 RATE OF RETURN ON EQUITY, OR PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE OF
 RETURN ON EQUITY:
   (A)  TESTIMONIES  AND  EXHIBITS FROM EXPERT WITNESSES, INCLUDING THOSE
 FROM OUTSIDE PUBLIC INTEREST ORGANIZATIONS;
   (B) HOW THE NEGOTIATED SETTLEMENT REDUCES DELIVERY RATES  FOR  CONSUM-
 ERS;
   (C)  HOW  THE  NEGOTIATED  SETTLEMENT  IMPROVES  EQUITY FOR, MINIMIZES
 IMPACTS ON, AND PRIORITIZES BENEFITS TO UTILITY RATES FOR  DISADVANTAGED
 COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW;
 S. 3008--B                         196
 
   (D)  WHETHER  THE  TESTIMONY  AND  EXHIBITS  OF  THE REGULATED UTILITY
 REFLECT POSITIONS THAT ARE IN  THE  BEST  INTEREST  OF  THE  PUBLIC  AND
 PROMOTE PRINCIPLES OF EQUITY FOR DISADVANTAGED COMMUNITIES;
   (E) WHETHER THE PROPOSALS OF THE REGULATED UTILITY WOULD RESULT IN THE
 LOWEST POSSIBLE DELIVERY COST TO THE BENEFIT OF THE RATE PAYER; AND
   (F)  WHETHER  THE NEW SETTLEMENT AGREEMENT PROVIDES A JUST AND REASON-
 ABLE RETURN FOR THE REGULATED UTILITY.
   6. REPORTS AND LEGISLATIVE HEARING ON FINDINGS BETWEEN THE  COMMISSION
 AND  REGULATED UTILITIES.   (A) ANNUALLY, THE COMMISSION SHALL SUBMIT TO
 THE GOVERNOR AND THE LEGISLATURE, A REPORT OUTLINING  THE  FINDINGS  AND
 DETERMINATIONS  OF  THE FINAL AUTHORIZED COMMON EQUITY RATIO, AUTHORIZED
 RATE OF RETURN ON EQUITY AND/OR PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE
 OF RETURN ON EQUITY, WHETHER SET  THROUGH  THE  PROCEDURES  OUTLINED  IN
 SUBDIVISIONS  THREE  AND  FOUR  OF  THIS  SECTION  OR THROUGH NEGOTIATED
 SETTLEMENTS OUTLINED IN SUBDIVISION FIVE  OF  THIS  SECTION,  BETWEEN  A
 REGULATED UTILITY AND THE COMMISSION DURING THE PREVIOUS YEAR.
   (B)  SUCH  REPORT  SHALL  ANALYZE  AND  DESCRIBE  IN CLEAR, ACCESSIBLE
 LANGUAGE HOW THE FINAL AUTHORIZED COMMON EQUITY RATIO,  AUTHORIZED  RATE
 OF  RETURN ON EQUITY, AND/OR PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE OF
 RETURN ON EQUITY HAS CHANGED, REFLECTS NEW  CIRCUMSTANCES,  OR  REMAINED
 THE SAME DURING THE PREVIOUS YEAR.
   (C)  SUCH  REPORT  SHALL  INCLUDE  ALL  MONTHLY  DATA USED FOR GENERIC
 FINANCING METHODOLOGY CALCULATIONS THAT IS NOT PUBLICLY AVAILABLE  DATA,
 TOGETHER  WITH  AN  EXPLANATION OF WHY IT WAS NECESSARY TO USE SUCH NON-
 PUBLIC DATA INSTEAD OF A PUBLICLY AVAILABLE DATA SOURCE.
   (D) THE ANNUAL REPORT SHALL BE PUBLISHED ONLINE  ON  THE  COMMISSION'S
 WEBSITE AND BE MADE PUBLICLY AVAILABLE.
   §  3. This act shall take effect one year after it shall have become a
 law.

                                 PART UUU
 
   Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
 amended by adding a new paragraph 41 to read as follows:
   (41)  (A)  EVERY  POLICY WHICH PROVIDES MEDICAL COVERAGE THAT INCLUDES
 COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY
 WHICH PROVIDES MAJOR  MEDICAL  OR  SIMILAR  COMPREHENSIVE-TYPE  COVERAGE
 SHALL  INCLUDE  COVERAGE  FOR  INHALERS  FOR  THE TREATMENT OF ASTHMA IF
 RECOMMENDED OR PRESCRIBED BY A PHYSICIAN OR OTHER LICENSED  HEALTH  CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCA-
 TION LAW.
   (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH  THOSE ESTABLISHED  FOR  OTHER  BENEFITS  WITHIN  A  GIVEN  POLICY;
 PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED  TO
 PAY  OUT OF POCKET FOR COVERED INHALERS SHALL BE CAPPED AT AN AMOUNT NOT
 TO EXCEED THIRTY-FIVE DOLLARS  PER   THIRTY-DAY   SUPPLY, REGARDLESS  OF
 THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY OTHER COST SHAR-
 ING REQUIREMENT.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 23 to read as follows:
   (23)  (A)  EVERY GROUP OR BLANKET ACCIDENT AND HEALTH INSURANCE POLICY
 ISSUED OR ISSUED FOR DELIVERY  IN  THIS  STATE  WHICH  PROVIDES  MEDICAL
 COVERAGE  THAT INCLUDES COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S
 OFFICE AND EVERY POLICY WHICH PROVIDES MAJOR MEDICAL OR SIMILAR  COMPRE-
 HENSIVE-TYPE COVERAGE SHALL INCLUDE COVERAGE FOR INHALERS FOR THE TREAT-
 S. 3008--B                         197
 
 MENT  OF  ASTHMA  IF  RECOMMENDED  OR PRESCRIBED BY A PHYSICIAN OR OTHER
 LICENSED HEALTH CARE PROVIDER  LEGALLY  AUTHORIZED  TO  PRESCRIBE  UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH  THOSE ESTABLISHED  FOR  OTHER  BENEFITS  WITHIN  A  GIVEN  POLICY;
 PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED  TO
 PAY  OUT OF POCKET FOR COVERED INHALERS SHALL BE CAPPED AT AN AMOUNT NOT
 TO EXCEED THIRTY-FIVE DOLLARS  PER   THIRTY-DAY   SUPPLY, REGARDLESS  OF
 THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY OTHER COST SHAR-
 ING REQUIREMENT.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ww) to read as follows:
   (WW) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION OR A  HEALTH  SERVICE
 CORPORATION  WHICH  PROVIDES MEDICAL COVERAGE THAT INCLUDES COVERAGE FOR
 PHYSICIAN SERVICES IN  A  PHYSICIAN'S  OFFICE  AND  EVERY  POLICY  WHICH
 PROVIDES  MAJOR  MEDICAL  OR  SIMILAR  COMPREHENSIVE-TYPE COVERAGE SHALL
 INCLUDE COVERAGE FOR INHALERS FOR THE TREATMENT OF ASTHMA IF RECOMMENDED
 OR PRESCRIBED BY A PHYSICIAN OR  OTHER  LICENSED  HEALTH  CARE  PROVIDER
 LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH  THOSE ESTABLISHED  FOR  OTHER  BENEFITS  WITHIN  A  GIVEN  POLICY;
 PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED  TO
 PAY  OUT OF POCKET FOR COVERED INHALERS SHALL BE CAPPED AT AN AMOUNT NOT
 TO EXCEED THIRTY-FIVE DOLLARS  PER   THIRTY-DAY   SUPPLY, REGARDLESS  OF
 THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY OTHER COST SHAR-
 ING REQUIREMENT.
   § 4. This act shall take effect January 1, 2026 and shall apply to all
 policies and contracts issued, renewed, modified, altered, or amended on
 or after such date.

                                 PART VVV
 
   Section 1.  Section 2878-a of the public authorities law is amended by
 adding a new subdivision 3 to read as follows:
   3.  (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER MAY,
 BY RESOLUTION APPROVED BY A TWO-THIRDS  VOTE  OF  ITS  MEMBERS  THEN  IN
 OFFICE,  OR  BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
 INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
 VEHICLES OR OTHER  RELATED  EQUIPMENT  BECAUSE  THE  ITEM  IS  AVAILABLE
 THROUGH  AN  EXISTING  CONTRACT  BETWEEN A VENDOR AND (I) ANOTHER PUBLIC
 AUTHORITY PROVIDED THAT SUCH  OTHER  AUTHORITY  UTILIZED  A  PROCESS  OF
 COMPETITIVE  BIDDING  OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS
 TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
 TICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT  IN  ANY  CASE
 WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
 ITEM  THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS
 FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT  SOLE  RESPONSIBILITY
 FOR  ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER. IN
 EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE  BIDDING  IMPRACTICAL
 OR  INAPPROPRIATE,  IT  SHALL  STATE  THE REASON THEREFOR IN WRITING AND
 SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
 NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN  THIRTY
 DAYS  FROM  THE  DATE  ON  WHICH THE AUTHORITY DECLARES THAT COMPETITIVE
 BIDDING IS  IMPRACTICAL  OR  INAPPROPRIATE.  ALL  PROCUREMENTS  APPROVED
 S. 3008--B                         198
 
 PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE  DEPARTMENT  OF  AUDIT  AND  CONTROL  OR ANY SUCCESSOR AGENCIES. FOR
 PURPOSES OF  THIS  SUBDIVISION,  "TRANSPORTATION  AUTHORITY"  SHALL  NOT
 INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED UNDER TITLES NINE, NINE-A
 AND ELEVEN OF ARTICLE FIVE OF THIS CHAPTER OR  TITLE  THREE  OF  ARTICLE
 THREE  OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-
 POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
 WISE CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION  OF
 BUS  PROVIDED  IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC
 LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND  ASSOCIATED  POWER  ELEC-
 TRONICS  WHICH  PROVIDE  ACCELERATION  TORQUE TO THE DRIVE WHEELS DURING
 NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
 OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM  AN  EXTERNAL
 SOURCE  OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
 ATMOSPHERIC POLLUTANTS.
   (B) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING  PARTIAL
 DISPLACEMENT SUCH AS A REDUCTION IN  THE  HOURS  OF  NON-OVERTIME  WORK,
 WAGES,  OR  EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING
 COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF  EXISTING  DUTIES  AND
 FUNCTIONS  RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY  PERFORMED BY
 EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING  ENTITY;  OR
 (3)    TRANSFER  OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED  BY
 EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS FOR NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 RELATED  EQUIPMENT, THE AUTHORITY SHALL CREATE AND IMPLEMENT A WORKFORCE
 DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER  OF  JOBS  PROVIDED  BY
 EXISTING  OMNIBUSES,  ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE
 ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL  AS  THE
 NUMBER  OF  JOBS EXPECTED TO BE CREATED AT THE AUTHORITY BY THE PROPOSED
 PURCHASE OVER A SIX-YEAR PERIOD FROM THE DATE OF THE PUBLICATION OF  THE
 WORKFORCE  DEVELOPMENT  REPORT,  (2) IDENTIFIES GAPS IN SKILLS NEEDED TO
 OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING  STOCK,
 VEHICLES  OR  RELATED  EQUIPMENT,  (3)  INCLUDES A COMPREHENSIVE PLAN TO
 TRANSITION, TRAIN,  OR  RETRAIN  EMPLOYEES  THAT  ARE  IMPACTED  BY  THE
 PROPOSED  PURCHASE,  AND (4) CONTAINS AN ESTIMATED BUDGET TO TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING  THE  PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR  RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
 THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY  POTENTIAL  JOBS  THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   §  2.  Section 104 of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE  OF
 THIS  ARTICLE  OR  OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
 S. 3008--B                         199
 
 EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES  A
 PUBLIC  TRANSPORTATION  SYSTEM  IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
 TRIC-POWERED OMNIBUSES OR OTHER  RELATED  EQUIPMENT  UPON  A  RESOLUTION
 APPROVED  BY  A  TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
 ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND  (I)
 A  PUBLIC  AUTHORITY  OF  THE  STATE  PROVIDED THAT SUCH OTHER AUTHORITY
 UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A  PROCESS  OF  COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
 YORK,  OR  (III)  A  POLITICAL  SUBDIVISION  OF  THE  STATE OF NEW YORK,
 PROVIDED THAT IN ANY CASE WHEN  UNDER  THIS  SUBDIVISION  THE  POLITICAL
 SUBDIVISION  DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE
 PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE
 POLITICAL  SUBDIVISION  SHALL  NOT  AWARD  ANY CONTRACT PURSUANT TO THIS
 SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON  WHICH  THE  POLI-
 TICAL  SUBDIVISION  DECLARES  THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
 INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE  DEPARTMENT
 OF  AUDIT  AND  CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVI-
 SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
 TATION SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED
 UNDER  TITLES  NINE,  NINE-A  AND  ELEVEN  OF ARTICLE FIVE OF THE PUBLIC
 AUTHORITIES LAW OR TITLE THREE OF ARTICLE THREE OF THE  PUBLIC  AUTHORI-
 TIES  LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNI-
 BUSES"  SHALL  INCLUDE  ANY  BUS  OWNED,  LEASED,  RENTED  OR  OTHERWISE
 CONTROLLED  BY  THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFI-
 NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
 TRAFFIC LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED  POWER
 ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING
 NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
 OR  FROM  A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
 SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF
 ATMOSPHERIC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF  ANY CURRENTLY   EMPLOYED   WORKER  OR  LOSS  OF  POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION  IN THE HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING  AGREEMENTS;  (2)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (3)   TRANSFER OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS  FOR  NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR
 RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL  CREATE  AND
 IMPLEMENT  A  WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
 OF JOBS PROVIDED BY  EXISTING  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 EQUIPMENT  THAT  WOULD  BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
 PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE  CREATED  AT  THE
 TRANSIT  PROVIDER  BY  THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
 THE DATE OF THE PUBLICATION OF THE  WORKFORCE  DEVELOPMENT  REPORT,  (2)
 IDENTIFIES  GAPS  IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 S. 3008--B                         200
 
 (3)  INCLUDES  A  COMPREHENSIVE  PLAN  TO  TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND  (4)  CONTAINS
 AN  ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
 IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 3. Section 104 of the general municipal law, as amended  by  section
 27  of  part  L of chapter 55 of the laws of 2012, is amended to read as
 follows:
   § 104. Purchase through office of general services. 1. Notwithstanding
 the provisions of section one hundred three of this article  or  of  any
 other  general,  special or local law, any officer, board or agency of a
 political subdivision, of a district therein, of a fire company or of  a
 voluntary  ambulance  service is authorized to make purchases of commod-
 ities and services available pursuant to section one hundred sixty-three
 of the state finance law, may make such purchases through the office  of
 general  services  subject to such rules as may be established from time
 to time pursuant to section one hundred sixty-three of the state finance
 law or through the general services administration pursuant  to  section
 1555  of the federal acquisition streamlining act of 1994, P.L. 103-355;
 provided that any such purchase shall exceed five  hundred  dollars  and
 that  the  political  subdivision,  district,  fire company or voluntary
 ambulance service for which such officer, board  or  agency  acts  shall
 accept sole responsibility for any payment due the vendor. All purchases
 shall  be  subject to audit and inspection by the political subdivision,
 district, fire company or voluntary ambulance service for which made. No
 officer, board or agency of a political subdivision, or a district ther-
 ein, of a fire company or of a voluntary ambulance  service  shall  make
 any  purchase  through such office when bids have been received for such
 purchase by such officer, board or agency, unless such purchase  may  be
 made upon the same terms, conditions and specifications at a lower price
 through  such  office. Two or more fire companies or voluntary ambulance
 services may join in making purchases pursuant to this section, and  for
 the purposes of this section such groups shall be deemed "fire companies
 or voluntary ambulance services."
   2.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
 THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL  LAW,  ANY  CHIEF
 EXECUTIVE  OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
 PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE  PURCHASES  OF  ELEC-
 TRIC-POWERED  OMNIBUSES  OR  OTHER  RELATED  EQUIPMENT UPON A RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN  OFFICE  BECAUSE  THE
 ITEM  IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
 A PUBLIC AUTHORITY OF THE  STATE  PROVIDED  THAT  SUCH  OTHER  AUTHORITY
 UTILIZED  A  PROCESS  OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF  NEW
 YORK,  OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
 THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE  POLITICAL  SUBDIVISION
 DETERMINES  THAT  OBTAINING  SUCH  ITEM  THEREBY  WOULD BE IN THE PUBLIC
 S. 3008--B                         201
 
 INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE  POLI-
 TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
 SION  EARLIER  THAN  THIRTY  DAYS  FROM  THE DATE ON WHICH THE POLITICAL
 SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 PRIATE.  ALL  PURCHASES  SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE
 POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE  DEPARTMENT  OF
 AUDIT  AND  CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION,
 "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC  TRANSPORTATION
 SYSTEM"  SHALL  NOT  INCLUDE  TRANSPORTATION  AUTHORITIES GOVERNED UNDER
 TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
 LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES  LAW.  FOR
 THE  PURPOSES  OF  THIS  SUBDIVISION, "ELECTRIC-POWERED OMNIBUSES" SHALL
 INCLUDE ANY BUS OWNED, LEASED, RENTED OR  OTHERWISE  CONTROLLED  BY  THE
 POLITICAL  SUBDIVISION  THAT  OTHERWISE  MEETS  THE  DEFINITION  OF  BUS
 PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND  TRAFFIC  LAW
 THAT  IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS
 WHICH PROVIDE ACCELERATION TORQUE TO  THE  DRIVE  WHEELS  DURING  NORMAL
 VEHICLE  OPERATION  AND  DRAWS  ELECTRICITY FROM A HYDROGEN FUEL CELL OR
 FROM A BATTERY WHICH IS CAPABLE OF  BEING  RECHARGED  FROM  AN  EXTERNAL
 SOURCE  OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
 ATMOSPHERIC POLLUTANTS.
   (B) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF ANY CURRENTLY  EMPLOYED  WORKER  OR  LOSS   OF   POSITION,  INCLUDING
 PARTIAL  DISPLACEMENT  SUCH AS A REDUCTION  IN THE HOURS OF NON-OVERTIME
 WORK, WAGES, OR EMPLOYMENT BENEFITS, OR  RESULT  IN  THE  IMPAIRMENT  OF
 EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (2)  TRANSFER OF EXISTING
 DUTIES AND FUNCTIONS RELATED TO  MAINTENANCE  AND  OPERATIONS  CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY;  OR  (3)    TRANSFER  OF  FUTURE DUTIES AND FUNCTIONS ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS FOR NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
 IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS  THE  NUMBER
 OF  JOBS  PROVIDED  BY  EXISTING  OMNIBUSES,  ROLLING STOCK, VEHICLES OR
 EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY  CHANGED  AFTER  THE
 PURCHASE,  AS  WELL  AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
 TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A  SIX-YEAR  PERIOD  FROM
 THE  DATE  OF  THE  PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
 IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE  NEW  ELEC-
 TRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR RELATED EQUIPMENT,
 (3) INCLUDES A COMPREHENSIVE  PLAN  TO  TRANSITION,  TRAIN,  OR  RETRAIN
 EMPLOYEES  THAT  ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
 AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT  ARE
 IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 S. 3008--B                         202
 
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   §  4. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion  of  any  such clause, sentence, paragraph, subdivision, section or
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  104  of  the general municipal law made by
 section two of this act shall be subject to the expiration and reversion
 of such section pursuant to section 9 of subpart A of part C of  chapter
 97  of  the laws of 2011, as amended, when upon such date the provisions
 of section three of this act shall take effect.
 
                                 PART WWW
 
   Section 1. A temporary state commission, to be known as the  New  York
 state public bank commission, hereinafter referred to as the commission,
 is  hereby  established to hire a consultant to study the feasibility of
 establishing a bank owned by the state  of  New  York  or  by  a  public
 authority constituted by the state of New York for the public interest.
   §  2.  (a)  The  commission  shall  consist of thirteen members, to be
 appointed as follows:  (i) six members shall be appointed by the  gover-
 nor, one of whom shall be a representative of the New York state depart-
 ment  of  financial services, one shall be a representative from the New
 York state department of taxation and finance, the remaining four gover-
 nor's appointees shall not be employees of the executive branch  and  at
 least one member shall represent the banking and financial industries of
 the  state  including,  but not limited to, the New York bankers associ-
 ation, at least one member  shall represent community   banking, and  no
 more  than  one member may be a representative of any financial services
 firm located within the state,  including, but not limited to,  the  New
 York state small business development center;
   (ii)  three  members  shall be appointed by the temporary president of
 the senate, one of whom shall be a member of the senate;
   (iii) three members shall be appointed by the speaker of the assembly,
 one of whom shall be a member of the assembly; and
   (iv) the state comptroller or a proxy.
   (b) The majority of the members of the entire commission  shall desig-
 nate one of the commissioners to serve as the chair of the commission.
   (c) The members of the commission shall be  appointed  no  later  than
 ninety days after the effective date of this act.
   (d) The commission is directed to hire a reputable consultant that has
 the  capacity, capability, and experience to conduct a feasibility study
 to evaluate  and  make  recommendations  concerning  the  formation  and
 control of a state public bank. Consultants that have conducted a previ-
 ous  feasibility  study  of a public bank at the request of a government
 entity in the United States will be given preference. Such  study  shall
 make  recommendations,  with  the  advice of the department of financial
 S. 3008--B                         203
 
 services, including but not limited to, on the feasibility of establish-
 ing a state bank in New York  and  may  recommend  legislation  for  the
 legislature  to  consider in order to create a state public bank for New
 York.
   §  3.  The scope of such study shall include, but shall not be limited
 to:
   (a) the purposes of such public bank in the public interest;
   (b) an analysis of cost savings,  impacts  on  the  state's  finances,
 economic development and infrastructure, housing and additional needs of
 the state, including but not limited to:
   (i) appropriate governance structures;
   (ii) minimum capitalization requirements;
   (iii) appropriate insurance and risk management tools;
   (iv) charter requirements;
   (v) financial and operations framework;
   (vi) deposits;
   (vii) permitted activities;
   (viii) benefits;
   (ix) potential challenges that such public banks may encounter;
   (x)  how  the lack of accessible financial services contributes to the
 cycle of poverty;
   (xi) barriers to small business formation and growth;
   (xii) impacts of such public  banks  on  small  businesses,  including
 minority- and women-owned business enterprises;
   (xiii)  impacts  of such public banks on the unbanked, the underbanked
 and banking deserts; and
   (xiv) how a state public bank may  provide  banking  to  the  cannabis
 industry;
   (c) a fiscal analysis of costs associated with formation;
   (d) an analysis that considers the effects of an economic recession on
 the financial results of such public banks;
   (e)  a  legal analysis of whether the proposed structure and operation
 of such public bank complies with the New York state constitution;
   (f) an analysis of how  the  proposed  governance  structure  of  such
 public  bank would protect such public bank from unlawful insider trans-
 actions and apparent conflicts of interest;
   (g) a fiscal analysis of the benefits associated with the creation  of
 such  public  bank,  including,  but  not limited to, cost savings, jobs
 created, jobs retained, economic activity generated and private  capital
 leveraged;
   (h)  a  qualitative assessment of social and environmental benefits of
 such public bank;
   (i) a review of feasibility studies on public banking,  including  the
 city  of  Philadelphia public bank feasibility study and the city of San
 Francisco public bank feasibility study; and
   (j) a review of AB-857 (2019 Cal. Stats. Ch. 442).
   § 4. The sum of five hundred thousand dollars ($500,000), or  so  much
 thereof as may be necessary, is hereby appropriated to the department of
 financial  services from any moneys in the state treasury in the general
 fund to the credit of the state purposes account not otherwise appropri-
 ated for the purposes of carrying out the provisions of this act.   Such
 sum  shall  be payable on the audit and warrant of the state comptroller
 on vouchers certified or approved by  the  superintendent  of  financial
 services, or such superintendent's duly designated representative in the
 manner provided by law.
 S. 3008--B                         204
 
   §  5.  No earlier than six months and no later than seven months after
 the effective date of this act, the commission shall submit a report  to
 the  governor, the temporary president of the senate, the speaker of the
 assembly, the chair of the senate banks committee and the chair  of  the
 assembly  banks  committee  on the findings and conclusions of the study
 conducted pursuant to sections two and  three  of  this  act  and  shall
 submit  any  legislative  recommendations  deemed to be necessary.  Such
 report shall be contemporaneously published on the official  website  of
 the department of financial services.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed repealed one year after
 such effective date.
 
                                 PART XXX

   Section 1. Subdivision 6 of section 51 of the public  authorities  law
 is REPEALED.
   § 2. This act shall take effect immediately.
 
                                 PART YYY
 
   Section 1. Definitions.  For  the  purposes of this act, the following
 terms shall have the following meanings:
   1. "Harriman campus" means the W. Averell Harriman state office build-
 ing campus located in Albany, New York.
   2.  "Wadsworth  project" means the project under which 27 acres of the
 Harriman campus are, at the time of this act's effective date,  targeted
 for  development  of  the  department  of  health's new Wadsworth center
 public health laboratory.
   § 2. Mixed-use property at Harriman campus.  1. Empire state  develop-
 ment  in conjunction with the office of general services, shall create a
 development plan under which 7 acres of  the  portion  of  the  Harriman
 campus targeted for the Wadsworth project shall be developed into mixed-
 use commercial and residential property.
   2. Empire state development, in conjunction with the office of general
 services,  shall complete the development plan created under subdivision
 one of this section, and make such development plan available for public
 comment, no later than 180 days after the effective date of this act.
   § 3. Redesign of Harriman campus.  1.  Empire  state  development,  in
 conjunction  with  the office of general services, shall create a master
 plan for a redesign of the Harriman campus. Such a  plan  shall  include
 but  not  be limited to: (a) the identification of sites on the Harriman
 campus for mixed-use commercial and retail development; (b)  the  repur-
 posing  or redesign of portions of the ring road surrounding the campus;
 and (c) an analysis of parking needs in surface lots.
   2. The master plan created under subdivision one of this section shall
 prioritize: (a) the identification  of  opportunities  to  increase  the
 integration  and  connectivity  of  the Harriman campus with surrounding
 neighborhoods in the city of Albany; (b) the  development  of  workforce
 and low-to-middle-income housing; and (c) the development of infrastruc-
 ture needed to further the utilization of multi-modal transportation.
   3. Empire state development, in conjunction with the office of general
 services,  shall  complete the master plan created under subdivision one
 of this section and make such master plan available for  public  comment
 no later than one year after the effective date of this act.
   § 4. This act shall take effect immediately.
 S. 3008--B                         205
 
                                 PART ZZZ
 
   Section  1.  The insurance law is amended by adding a new section 7013
 to read as follows:
   § 7013. CAPTIVE INSURANCE  PROGRAM  FOR  COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE  VEHICLES,  AND  ACCESSIBLE  VEHICLES.   (A) THE SUPERINTENDENT
 SHALL UTILIZE AND IMPLEMENT A CAPTIVE  INSURANCE  PROGRAM  FOR  COMMUTER
 VANS,  PRE-ARRANGED  FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES THAT ARE
 ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR HIRE.
 THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (1) IDENTIFYING AND LICENSING A CAPTIVE INSURANCE COMPANY OR COMPANIES
 TO PROVIDE NECESSARY INSURANCE COVERAGE TO COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES;
   (2)  STANDARDS  FOR ENROLLMENT OF ELIGIBLE COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES, AND  ACCESSIBLE  VEHICLES  INCLUDING  MECHANISMS  FOR
 DETERMINING ELIGIBILITY; AND
   (3) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
 COMPANY  OR  COMPANIES  IN  PROVIDING  AFFORDABLE  INSURANCE COVERAGE TO
 COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND  ACCESSIBLE  VEHICLES
 PARTICIPATING IN THE PROGRAM PURSUANT TO SUBSECTION (C) OF THIS SECTION.
   (B)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (1) "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A  SEATING
 CAPACITY  OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS OR
 SUCH GREATER CAPACITY AS THE SUPERINTENDENT MAY ESTABLISH  BY  RULE  AND
 CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
   (2) "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL MEAN A MOTOR VEHICLE THAT IS
 USED  IN  THE  BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION ON A
 PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS  UNDER  A  LICENSE  OR
 PERMIT ISSUED BY A LICENSING JURISDICTION.  SUCH TERM SHALL INCLUDE, BUT
 NOT  BE  LIMITED  TO, SMALL SCHOOL BUSES PURSUANT TO SECTION ONE HUNDRED
 FORTY-TWO OR SIXTEEN HUNDRED FORTY-TWO-A OF THE VEHICLE AND TRAFFIC LAW.
 THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE"  SHALL  APPLY  TO  VEHICLES  AS
 DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
 OR  RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS
 SCHOOL BUS, CHARTER BUS, LIVERY, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
   (3) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES ACT OF 1990, AS AMENDED, AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER;
   (B)  IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
 ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE  WHEEL-
 CHAIRS,  SCOOTERS,  OR  OTHER  MOBILITY AIDS WHILE THEY REMAIN SEATED IN
 THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
   (C) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM  FOR  PERSONS  WITH
 HEARING  IMPAIRMENTS THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
 SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED  OR  DESIGNED  AND  APPROVED  TO
 PROVIDE SERVICE TO PERSONS WITH DISABILITIES;
   (D)  IS  EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I) BRAILLE; AND
 (II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
 VISION;
   (E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   (F) IF POWERED BY A HYBRID-ELECTRIC MOTOR, IS EQUIPPED WITH AN  APPRO-
 PRIATE  DEVICE  TO  ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH OF
 S. 3008--B                         206
 
 THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL  GASOLINE-POWERED
 VEHICLE;
   (G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
 THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
 CLE  WHICH  MEANS  A  SPECIAL-PURPOSE  VEHICLE, DESIGNED AND EQUIPPED TO
 PROVIDE NONEMERGENCY TRANSPORT, THAT HAS  WHEELCHAIR-CARRYING  CAPACITY,
 STRETCHER-CARRYING CAPACITY, OR THE ABILITY TO CARRY DISABLED PERSONS AS
 DEFINED IN SECTION FIFTEEN-B OF THE TRANSPORTATION LAW.
   (C) INSURANCE COMPANIES SHALL MAINTAIN REQUIREMENTS, INCLUDING BUT NOT
 LIMITED  TO:  $500,000  COMBINED  SINGLE  LIMITS (CSL); $50,000 PERSONAL
 INJURY PROTECTION (PIP) (BASIC); AND  $25,000/$50,000 UNINSURED MOTORIST
 COVERAGE (UM/UIM).   IN ADDITION, ALL  NO  FAULT  INSURANCE  RELATED  TO
 COMMUTER  VANS,  PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
 INSURED IN THIS PROGRAM WILL RELY ON THE  MEDICAL  TREATMENT  GUIDELINES
 PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   § 2. This act shall take effect immediately.
 
                                 PART AAAA
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Farebox Assistance to Relieve Essential Straphangers  Act"  or  the
 "FARES Act".
   §  2.  This act enacts into law major components of legislation neces-
 sary to implement the FARES Act.  Each  component  is  wholly  contained
 within  a Subpart identified as Subparts A through C. The effective date
 for each particular provision contained within such Subpart is set forth
 in the last section of  such  Subpart.  Any  provision  in  any  section
 contained within a Subpart, including the effective date of the Subpart,
 which  makes  a  reference  to  a  section  "of  this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to the corresponding section of the Subpart in which it is found.
 Section four of this act sets forth the general effective date  of  this
 act.
 
                                 SUBPART A
 
   Section  1. Legislative findings. The New York state legislature finds
 that the City of New York's "Fair Fares" program, which provides reduced
 fares on New York City Transit Authority subways and buses for  individ-
 uals earning under one hundred twenty percent of the poverty level, is a
 tool  that  can help ensure that mass transit remains affordable for all
 New Yorkers. However, Fair Fares does not currently apply  to  intracity
 commuter  rail  trips  taken in the City, and the legislature finds that
 expanding this discount to include commuter rail could  provide  signif-
 icant  affordability  benefits for New Yorkers below or near the poverty
 level and improve the quality of life for many outer borough New Yorkers
 lacking easy access to subways.
   § 2. Section 1266 of the public authorities law is amended by adding a
 new subdivision 16-a to read as follows:
   16-A.  (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF
 ANY CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE CITY OF NEW  YORK,
 SHALL  EXPAND  THE  FAIR FARES NYC PROGRAM TO PERMIT INDIVIDUALS WHO ARE
 ELIGIBLE FOR THE PROGRAM AND ANY INDIVIDUAL WHOSE INCOME IS TWO  HUNDRED
 PERCENT OF THE FEDERAL POVERTY LEVEL TO RECEIVE A FIFTY PERCENT DISCOUNT
 ON  TRIPS USING THE LONG ISLAND RAIL ROAD OR METRO-NORTH RAILROAD WITHIN
 THE CITY OF NEW YORK.
 S. 3008--B                         207
 
   (B) FOR PURPOSES OF THIS SUBDIVISION, "FAIR FARES NYC  PROGRAM"  SHALL
 HAVE  THE SAME MEANING AND ELIGIBILITY STANDARDS AS SET FORTH IN CHAPTER
 TWELVE OF TITLE SIXTY-EIGHT OF THE RULES OF THE CITY OF NEW YORK,  WHICH
 PROVIDES A FIFTY PERCENT FARE DISCOUNT FOR DESIGNATED TRANSIT OPTIONS.
   (C)  ADDITIONALLY,  THE  AUTHORITY  SHALL CONSULT WITH THE CITY OF NEW
 YORK IN CONDUCTING A PUBLIC OUTREACH CAMPAIGN TO INCREASE PUBLIC  AWARE-
 NESS AND EXPAND USAGE OF THE FAIR FARES NYC PROGRAM BY ELIGIBLE INDIVID-
 UALS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                 SUBPART B
 
   Section 1. Legislative findings. The New York state legislature  finds
 that  the  Metropolitan  Transportation  Authority's "City Ticket" which
 provides reduced fares on commuter rail trips within New York City,  has
 been incredibly successful in promoting New Yorkers' use of the commuter
 rail  system, and has particularly helped the MTA fill seats during off-
 peak trips. City Ticket is an important  tool  for  ensuring  that  mass
 transit  remains  affordable  for  New Yorkers, as well as improving the
 quality of life for many outer borough New Yorkers lacking  easy  access
 to  subways.  Additional analysis since City Ticket's implementation and
 expansion has found that providing a weekly ticket option, similar to  a
 previous  Atlantic  Ticket  option,  could  assist riders with financial
 planning, ensure greater access to transit,  and increase commuter  rail
 ridership.
   § 2. Section 1266 of the public authorities law is amended by adding a
 new subdivision 16-b to read as follows:
   16-B.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
 CONTRACT,  THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD
 AND METRO-NORTH RAILROAD AND IN CONJUNCTION WITH THE NEW YORK CITY TRAN-
 SIT AUTHORITY, SHALL OFFER A WEEKLY AND A MONTHLY  OPTIONAL,  DISCOUNTED
 TICKET  FOR  LONG ISLAND RAIL ROAD AND METRO-NORTH RAILROAD SERVICE THAT
 IS ALSO VALID FOR OPTIONAL, DISCOUNTED TRANSFERS  BETWEEN  THE  COMMUTER
 RAIL  SERVICES  AND  THE  CITY TRANSIT AUTHORITY'S SUBWAYS AND BUSES FOR
 TRIPS WITHIN THE CITY OF NEW YORK.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                 SUBPART C
 
   Section  1.   Section 1266 of the public authorities law is amended by
 adding a new subdivision 16-c to read as follows:
   16-C.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
 CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL  ROAD
 AND  METRO-NORTH RAILROAD, SHALL DEVELOP A LOWER COST, INTRA-CITY COMBI-
 NATION TICKET VALID FOR TRANSFERS BETWEEN THE LONG ISLAND RAIL ROAD  AND
 METRO-NORTH COMMUTER RAILROAD COMPANY FOR BOTH PEAK AND OFF-PEAK TRAINS.
   §  3.  This  act shall take effect eighteen months after it shall have
 become a law.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, subpart or part of this act  shall  be  adjudged  by  any
 court  of  competent jurisdiction to be invalid, such judgment shall not
 affect, impair, or  invalidate  the  remainder  thereof,  but  shall  be
 confined  in  its operation to the clause, sentence, paragraph, subdivi-
 sion, section, subpart or part thereof directly involved in the  contro-
 S. 3008--B                         208
 
 versy  in  which  such  judgment  shall have been rendered. It is hereby
 declared to be the intent of the legislature that this  act  would  have
 been enacted even if such invalid provisions had not been included here-
 in.
   §  4.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subpart.
 
                                 PART BBBB
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Make Transit Affordable Act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares the importance of  the  New  York  Metropolitan  Transportation
 Authority  (MTA)  and affirms the duty of the legislature to ensure that
 the MTA remains affordable.  The  MTA  provides  an  essential  service:
 transporting  millions  of New Yorkers on billions of trips each year to
 and from places of work, worship, and gathering. For many  New  Yorkers,
 however,  the  cost  is  prohibitive, especially as inflation climbs and
 wages remain stagnant.  As the MTA begins to implement congestion  pric-
 ing,  it  has  never  been more important to promote public transit as a
 truly viable alternative to vehicular transport. To that end, the  state
 of  New  York  must  fund  a  second, more expansive fare-free bus pilot
 program, building on the success of the 2023-2024 pilot program.  It  is
 the  intent  of  the  legislature  to  include $45,000,000 in additional
 appropriations in the SFY26 budget to Make Transit Affordable by provid-
 ing an expanded, world-class free bus pilot program.
   § 3. The public authorities law is amended by  adding  a  new  section
 1266-n to read as follows:
   §  1266-N.  FARE-FREE BUS PILOT PROGRAM. SUBJECT TO APPROPRIATION, THE
 AUTHORITY SHALL ALLOCATE  FORTY-FIVE  MILLION  DOLLARS  IN  STATE  FUNDS
 RECEIVED  TO  EXPAND  THE FARE-FREE BUS PILOT PROGRAM WITHIN THE CITY OF
 NEW YORK.
   1. THE FARE-FREE BUS PILOT PROGRAM EXPANSION SHALL LAST FOR  AT  LEAST
 ONE YEAR.
   2. THE FARE-FREE BUS PILOT PROGRAM EXPANSION SHALL CONSIST OF AT LEAST
 FIFTEEN  NEW FARE-FREE BUS ROUTES AND SHALL COST NO MORE THAN FORTY-FIVE
 MILLION DOLLARS IN NET OPERATING COSTS. NET  OPERATING  COSTS  SHALL  BE
 DETERMINED  BY  THE  TOTAL COSTS OF IMPLEMENTING THE FARE-FREE BUS PILOT
 PROGRAM EXPANSION AND SHALL NOT ACCRUE TO THE CITY OF NEW YORK.
   3. THE FARE-FREE BUS  ROUTES  INCLUDED  IN  THE  FARE-FREE  BUS  PILOT
 PROGRAM  EXPANSION  SHALL  BE SELECTED BY THE AUTHORITY, AND MAY INCLUDE
 EITHER NEW YORK CITY TRANSIT AUTHORITY OR MTA BUS ROUTES, PROVIDED  THAT
 THERE  SHALL  BE  AT LEAST THREE NEW FARE-FREE BUS ROUTES WITHIN EACH OF
 THE FOLLOWING COUNTIES: BRONX COUNTY, KINGS  COUNTY,  NEW  YORK  COUNTY,
 QUEENS COUNTY, RICHMOND COUNTY.
   4. THE FACTORS CONSIDERED BY THE AUTHORITY IN SELECTING SUCH FARE-FREE
 BUS ROUTES SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A)  ADDRESSING SERVICE ADEQUACY AND EQUITY FOR LOW-INCOME AND ECONOM-
 ICALLY DISADVANTAGED COMMUNITIES;
   (B) ACCESS TO EMPLOYMENT AND COMMERCIAL ACTIVITY IN  AREAS  SERVED  BY
 SUCH FARE-FREE ROUTES; AND
   (C) ADDRESSING ROUTES FACING HIGH RATES OF OPERATOR ASSAULTS.
   5.  THE  ROUTES  SELECTED SHALL RANK IN THE TOP TWENTY-FIVE PERCENT OF
 RIDERSHIP FOR THE GIVEN BOROUGH.
 S. 3008--B                         209
 
   6. THIRTY DAYS PRIOR TO THE IMPLEMENTATION OF THE FARE-FREE BUS  PILOT
 PROGRAM  EXPANSION,  THE AUTHORITY SHALL PROVIDE TO THE TEMPORARY PRESI-
 DENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, AND PROMINENTLY  PUBLISH
 ON  ITS WEBSITE, A REPORT JUSTIFYING THE AUTHORITY'S CHOICE OF FARE-FREE
 BUS  ROUTES,  ACCORDING  TO  THE  CRITERIA  IN  SUBDIVISION FOUR OF THIS
 SECTION AND ANY ADDITIONAL CRITERIA SPECIFIED BY THE AUTHORITY.
   7. THE AUTHORITY SHALL REPORT TO ITS BOARD ON THE FARE-FREE BUS  PILOT
 PROGRAM  EXPANSION  AFTER  IT  HAS  BEEN IN EFFECT FOR THREE MONTHS, SIX
 MONTHS, AND AGAIN UPON THE CONCLUSION OF THE FARE-FREE BUS PILOT PROGRAM
 EXPANSION. SUCH REPORTS SHALL ALSO BE PROMINENTLY PUBLISHED, WITH COPIES
 SENT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF
 THE  ASSEMBLY  AND  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
 COMPARATIVE PERFORMANCE METRICS:
   (A) RIDERSHIP TOTALS RELATIVE TO EQUIVALENT TIME  PERIODS  BEFORE  THE
 FARE-FREE BUS PILOT PROGRAM EXPANSION TOOK EFFECT;
   (B) PERCENT OF SCHEDULED SERVICE DELIVERED;
   (C) AVERAGE END-TO-END BUS SPEED CHANGES;
   (D) CUSTOMER JOURNEY TIME PERFORMANCE;
   (E) DWELL TIME AT BUS STOPS;
   (F) THE COST TO PROVIDE SUCH SERVICE ITEMIZED BY ROUTE;
   (G) SCHEDULED SERVICE FREQUENCY; AND
   (H)  DATA  ON  BUS OPERATOR ASSAULTS PER FARE-FREE ROUTE IN COMPARISON
 WITH SYSTEM WIDE.
   8. THE AUTHORITY SHALL ALSO SURVEY RIDERS ON THE FARE-FREE ROUTES,  BY
 IN-PERSON  METHODS  AT THE THREE-, SIX- AND TWELVE-MONTH MARKS ON TOPICS
 INCLUDING BUT NOT LIMITED TO:
   (A) OVERALL RIDER SATISFACTION;
   (B) EXPERIENCE OF SECURITY AND SAFETY WHEN RIDING THE FARE-FREE BUS;
   (C) DEMOGRAPHIC INFORMATION INCLUDING ANNUAL INCOME,  VEHICLE  ACCESS,
 RACE AND ETHNICITY, DISABILITY STATUS, AGE, AND ENROLLMENT STATUS IN THE
 FAIR-FARES PROGRAM; AND
   (D)  OPEN-ENDED  QUESTIONS SUCH AS HOW FARE-FREE BUSES AT THE POINT OF
 SERVICE HAVE IMPACTED THE RIDER.
   9. THE AUTHORITY SHALL IMPLEMENT ALL-DOOR BOARDING  ON  ALL  FARE-FREE
 BUSES  BEGINNING THE FIRST DAY OF THE FARE-FREE BUS PILOT PROGRAM EXPAN-
 SION.
   10. THE AUTHORITY SHALL  PROMOTE  THE  FARE-FREE  ROUTES  THROUGH  THE
 FOLLOWING  METHODS AT A MINIMUM: SIGNAGE ON BUSES, SIGNAGE AT BUS STOPS,
 INTERSECTING SUBWAY STOPS, ANNOUNCEMENT ON THE AUTHORITY "FARES & TOLLS"
 WEBPAGE, DIGITAL ADVERTISEMENTS ON SUBWAYS, AND ACROSS MTA SOCIAL  MEDIA
 ACCOUNTS.  ANY  MESSAGING  PROMOTING  THE  FARE-FREE  ROUTES  SHALL ALSO
 INCLUDE MESSAGING REMINDING RIDERS THAT SUCH PROGRAM IS ON SELECT ROUTES
 AND THAT SUCH RIDERS SHOULD TREAT THEIR BUS OPERATORS WITH  RESPECT  AND
 DECORUM.
   11. THE AUTHORITY SHALL PRESENT THE FARE-FREE BUS PILOT PROGRAM EXPAN-
 SION TO ITS BOARD FOR APPROVAL NO LATER THAN SIXTY DAYS AFTER THE EFFEC-
 TIVE  DATE OF THIS SECTION, FOR IMPLEMENTATION NO LATER THAN NINETY DAYS
 AFTER BOARD ADOPTION.
   § 4.  This act shall take effect immediately.
 
                                 PART CCCC
 
   Section 1. Section 4 of subpart A of part TT of chapter 58 of the laws
 of 2024, amending the economic development law and the urban development
 corporation act relating to establishing the New York state empire arti-
 ficial intelligence research program and the empire AI  consortium,  and
 S. 3008--B                         210
 
 relating  to the plan of operation and financial oversight of the empire
 AI consortium, is amended to read as follows:
   §  4. This act shall take effect immediately[; provided, however, that
 section three of this act shall expire and be deemed repealed five years
 after such date].
   § 2. Subdivision 2 of section 361 of the economic development law,  as
 added  by section 1 of subpart A of part TT of chapter 58 of the laws of
 2024, is amended and two new subdivisions 5 and 6 are added to  read  as
 follows:
   2. Empire AI research institute at the university of Buffalo. A state-
 owned  research  and  computing  facility at the state university of New
 York at Buffalo shall be established, to  be  known  as  the  empire  AI
 research  institute,  to promote responsible research and development to
 advance the ethical and public interest uses of artificial  intelligence
 technology  in the state. The institute shall be operated and managed by
 the consortium IN A MANNER CONSISTENT WITH THE PLAN OF  OPERATION  FILED
 PURSUANT TO SECTION THREE OF SUBPART A OF PART TT OF CHAPTER FIFTY-EIGHT
 OF  THE LAWS OF TWO THOUSAND TWENTY-FOUR.  Construction of the institute
 shall be completed by the  university  at  Buffalo,  its  affiliates  or
 related entities at the direction of the consortium, or the consortium.
   5.  POLICY  AND PROCEDURES. THE CONSORTIUM SHALL ESTABLISH AND PUBLISH
 THE POLICY AND PROCEDURES FOR PROCUREMENT OF ANY EQUIPMENT AND  SERVICES
 RELATED TO THE INSTITUTE.
   6.  EX-OFFICIO  MEMBERS.  THE  CHAIRS  OF  THE  SCIENCE AND TECHNOLOGY
 COMMITTEE IN THE ASSEMBLY AND INTERNET AND TECHNOLOGY COMMITTEE  IN  THE
 SENATE SHALL SERVE AS EX-OFFICIO, NON-VOTING MEMBERS ON THE BOARD OF THE
 CONSORTIUM.
   § 3. This act shall take effect immediately.
 
                                 PART DDDD
 
   Section  1.  Subdivisions  1  and 2 of section 27-1003 of the environ-
 mental conservation law, as amended by section 2 of part SS  of  chapter
 59 of the laws of 2009, are amended to read as follows:
   1.  "Beverage"  means  carbonated  soft  drinks, NONCARBONATED DRINKS,
 CARBONATED FRUIT BEVERAGES, water, beer, other malt  beverages  and  [a]
 wine  [product]  PRODUCTS  as  defined  in [subdivision thirty-six-a of]
 section three of the alcoholic beverage control  law.  "Malt  beverages"
 means any beverage obtained by the alcoholic fermentation or infusion or
 decoction  of barley, malt, hops, or other wholesome grain or cereal and
 water including, but not limited to ale, stout or malt liquor.  "NONCAR-
 BONATED  DRINKS" MEANS ANY NONCARBONATED LIQUID INTENDED FOR DRINKING BY
 HUMANS, EXCLUDING: CIDER, MEAD, SPIRITS, AND  WINE  AS  SUCH  TERMS  ARE
 DEFINED IN SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW; BEVERAG-
 ES  WITH DAIRY MILK AS THE PRIMARY (FIRST) INGREDIENT; PLANT-BASED DAIRY
 ALTERNATIVES; DRUGS REGULATED UNDER THE FEDERAL FOOD, DRUG AND  COSMETIC
 ACT; INFANT FORMULA; MEAL REPLACEMENT LIQUIDS; SYRUPS; MEDICINALS; TINC-
 TURES;  PRODUCTS  THAT  ARE FROZEN AT THE TIME OF SALE OR INTENDED TO BE
 CONSUMED IN A FROZEN STATE; DRINK POWDERS; AND BROTHS AND SOUPS. "Water"
 means any beverage identified through  the  use  of  letters,  words  or
 symbols  on its product label as a type of water, including any flavored
 water or nutritionally enhanced water[, provided, however, that  "water"
 does  not  include any beverage identified as a type of water to which a
 sugar has been added].
   2. "Beverage container" means the individual, separate, sealed  glass,
 metal, aluminum, steel or plastic bottle, can or jar used for containing
 S. 3008--B                         211
 
 less  than  one  gallon  or 3.78 liters OF LIQUID at the time of sale or
 offer for sale of a beverage intended for use  or  consumption  in  this
 state.    Beverage  containers  sold  or offered for sale or distributed
 aboard  aircraft  or  ships  shall  be considered as intended for use or
 consumption outside this state.
   § 2. Subdivision 12 of section 27-1003 of the environmental  conserva-
 tion  law, as added by section 3 of part SS of chapter 59 of the laws of
 2009, is amended and a new subdivision 14 is added to read as follows:
   12. "Reverse vending machine" means an automated device  that  uses  a
 laser  scanner, microprocessor, or other technology to accurately recog-
 nize the universal product code (UPC) on containers to determine if  the
 container is redeemable and accumulates information regarding containers
 redeemed,  including  the  number  of  such containers redeemed, thereby
 enabling the reverse vending machine to accept containers from redeemers
 and to issue LEGAL TENDER OR a scrip [or], receipt,  OR  OTHER  FORM  OF
 CREDIT  for  their  refund  value.  SUCH  DEFINITION SHALL ALSO APPLY TO
 ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER PURSUANT TO SUBPARA-
 GRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  27-1007  OF
 THIS  TITLE.  NOTHING IN THIS DEFINITION SHALL BE CONSTRUED TO RELIEVE A
 DEALER SPECIFIED IN SUBPARAGRAPH (III) OF PARAGRAPH (B)  OF  SUBDIVISION
 ONE  OF  SECTION  27-1007 OF THIS TITLE OF THE REQUIREMENT TO PROVIDE AN
 IMMEDIATE FORM OF DEPOSIT REPAYMENT IF THE REVERSE  VENDING  MACHINE  OR
 ALTERNATIVE TECHNOLOGY DOES NOT PROVIDE SUCH.
   14. "REDEMPTION RATE" MEANS THE PERCENTAGE OF BEVERAGE CONTAINERS SOLD
 THAT ARE REDEEMED FOR THE REFUND VALUE.
   § 3. Paragraphs (a) and (b) of subdivision 1 and subdivisions 3, 6 and
 11  of  section 27-1007 of the environmental conservation law, paragraph
 (a) of subdivisions 1 and subdivisions 3, 6 and 11 as added by section 4
 of part SS of chapter 59 of the laws of 2009 and paragraph (b) of subdi-
 vision 1 as amended by chapter 459 of the laws of 2011, are amended  and
 two new subdivisions 13 and 14 are added to read as follows:
   (a) A dealer shall accept at [his or her] SUCH DEALER'S place of busi-
 ness from a redeemer any empty beverage containers of the design, shape,
 size, color, composition and brand sold or offered for sale by the deal-
 er, and shall pay to the redeemer the refund value of each such beverage
 container  as  established in section 27-1005 of this title. Redemptions
 of refund value must be in legal tender, or a scrip or  receipt  from  a
 reverse  vending  machine,  provided  that  the  scrip or receipt can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring the purchase of other goods.  IN THE EVENT SUCH SCRIP
 OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE  ANY  EXPIRATION
 DATE  AND  THE  DEALER  MUST POST A CONSPICUOUS SIGN INDICATING HOW MANY
 DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR  LEGAL  TENDER.
 IF  SUCH  NOTIFICATION  IS  NOT  PROVIDED, A DEALER MUST REDEEM THE FULL
 REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
 ence of a reverse vending machine shall not  relieve  a  dealer  of  any
 obligations  imposed  pursuant  to  this section. If a dealer utilizes a
 reverse vending machine to redeem containers, the dealer  shall  provide
 redemption  of  beverage  containers when the reverse vending machine is
 full, broken, under repair  or  does  not  accept  a  type  of  beverage
 container  sold or offered for sale by such dealer and may not limit the
 hours or days of redemption except as provided by subdivision  three  of
 this section.
   (b)  Beginning  March first, two thousand ten, a dealer whose place of
 business is part of a chain engaged in the same general field  of  busi-
 ness  which operates ten or more units in this state under common owner-
 S. 3008--B                         212
 
 ship and whose business has at least: (i) forty thousand but  less  than
 sixty  thousand  square  feet  devoted to the display of merchandise for
 sale to the public shall install and maintain at least two reverse vend-
 ing  machines at the dealer's place of business; (ii) sixty thousand but
 less than eighty-five thousand square feet devoted  to  the  display  of
 merchandise  for  sale to the public shall install and maintain at least
 three reverse vending machines at the dealer's  place  of  business;  or
 (iii)  eighty-five  thousand  square  feet  devoted  to  the  display of
 merchandise for sale to the public shall install and maintain  at  least
 four  reverse  vending  machines  at the dealer's place of business. The
 requirements of [paragraph (b) of] this subdivision to install and main-
 tain reverse vending machines shall not apply  to  a  dealer  that:  (i)
 sells  only  beverage  containers  of  twenty  ounces or less where such
 beverage containers are packaged in  quantities  fewer  than  six;  (ii)
 sells  beverage  containers and devotes no more than five percent of its
 floor space to the display and sale of consumer commodities, as  defined
 in section two hundred fourteen-h of the agriculture and markets law; or
 (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
 provide consumers with an alternative technology that: (A) determines if
 the container is redeemable,  (B)  provides  protections  against  fraud
 through  a  system that validates each container redeemed by reading the
 universal product code and, except with respect to  refillable  contain-
 ers,  renders  the  container  unredeemable, (C) accumulates information
 regarding containers redeemed, and (D) issues legal tender, or a  scrip,
 receipt,  or  other  form  of  credit  for the refund value, that can be
 exchanged for legal tender for a period of  not  less  than  sixty  days
 without  requiring  the purchase of other goods AND INCLUDES ANY EXPIRA-
 TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT.  Notwithstand-
 ing  the foregoing, if the alternative technology does not allow consum-
 ers to immediately obtain the refund value of the redeemed container,  a
 dealer  shall be permitted to deploy such alternative technology only if
 it also offers an alternative that allows consumers to conveniently  and
 immediately  obtain  such refund value through a reverse vending machine
 or other alternative method.
   3. On or after June first, two thousand nine, a dealer may  limit  the
 number of empty beverage containers to be accepted for redemption at the
 dealer's  place  of business to no less than seventy-two containers [per
 visit,] per redeemer, per day, provided that:
   (a) The dealer has a written agreement with a redemption center, be it
 either at a fixed physical location within the same  county  and  within
 [one-half]  ONE  mile  of  the  dealer's  place of business, or a mobile
 redemption center, operated by a  redemption  center,  that  is  located
 within  one-quarter  mile of the dealer's place of business. The redemp-
 tion center must have a written agreement  with  the  dealer  to  accept
 containers on behalf of the dealer; and the redemption center's hours of
 operation  must cover at least [9:00 a.m. through 7:00 p.m.] EIGHT HOURS
 daily or in the case of a mobile redemption center, the hours of  opera-
 tion  must  cover  at least four consecutive hours between 8:00 a.m. and
 8:00 p.m.  daily. The dealer must post a  conspicuous,  permanent  sign,
 meeting  the  size and color specifications set forth in subdivision two
 of this section, open to public view, identifying the location and hours
 of operation of the affiliated redemption center  or  mobile  redemption
 center; and
   (b)  The  dealer provides, at a minimum, a consecutive two hour period
 between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
 to  two  hundred  forty  containers,  per redeemer, per day, and posts a
 S. 3008--B                         213
 
 conspicuous, permanent sign, meeting the size and  color  specifications
 set forth in subdivision two of this section, open to public view, iden-
 tifying  those  hours. The dealer may not change the hours of redemption
 without first posting a thirty day notice; and
   (c) The dealer's primary business is the sale of food or beverages for
 consumption  off-premises,  and  the  dealer's place of business is less
 than ten thousand square feet in size.
   6. In addition to the refund value of a beverage container  as  estab-
 lished  by  section 27-1005 of this title, a deposit initiator shall pay
 to any dealer or operator of a redemption center a handling fee of three
 and one-half cents for each beverage container accepted by  the  deposit
 initiator  from  such dealer or operator of a redemption center.  BEGIN-
 NING JULY FIRST, TWO THOUSAND TWENTY-FIVE, THE  HANDLING  FEE  SHALL  BE
 FOUR AND ONE-HALF CENTS.  BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SEV-
 EN,  THE  HANDLING  FEE SHALL BE FIVE CENTS. Payment of the handling fee
 shall be as compensation for collecting, sorting and packaging of  empty
 beverage  containers  for transport back to the deposit initiator or its
 designee. Payment of the handling fee may  not  be  conditioned  on  the
 purchase  of  any goods or services, nor may such payment be made out of
 the refund value account established pursuant to section 27-1012 of this
 title. A distributor who does not initiate deposits on a type of  bever-
 age container is considered a dealer only for the purpose of receiving a
 handling fee from a deposit initiator.
   11.  Notwithstanding  the  provisions  of  subdivision  two of section
 27-1009 of this title, a deposit initiator or distributor  shall  accept
 and  redeem beverage containers as provided in this title, if the dealer
 or operator of a redemption center shall  have  accepted  and  paid  the
 refund  value  of  such beverage containers, SUBJECT TO THE PROHIBITIONS
 SET FORTH IN SUBDIVISIONS NINE AND TEN OF THIS SECTION.
   13. THE DEPARTMENT AND THE DEPARTMENT  OF  TAXATION  AND  FINANCE  ARE
 AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
   14.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
 DEALER SHALL NOT BE REQUIRED TO ACCEPT FROM A REDEEMER ANY EMPTY  BEVER-
 AGE  CONTAINER  AT  A  FARMERS'  MARKET  AS  SUCH TERM IS DEFINED BY THE
 DEPARTMENT OF AGRICULTURE AND MARKETS.
   § 4. Section 27-1009 of the environmental conservation law, as amended
 by section 4 of part F of chapter 58 of the laws of 2013, is amended  to
 read as follows:
 § 27-1009. Refusal of acceptance.
   1. A. A dealer or operator of a redemption center may refuse to accept
 from  a  redeemer,  and a deposit initiator or distributor may refuse to
 accept from a dealer or operator of a redemption center any empty bever-
 age container which does not state thereon a refund value as established
 by section 27-1005 and provided by section 27-1011 of this title.
   B. ANY PERSON WHO ACCEPTS ANY SUCH CONTAINER FOR REDEMPTION SHALL  NOT
 BE  ENTITLED  TO  PAYMENT  OF  ANY  HANDLING FEE OR REFUND VALUE ON SUCH
 CONTAINER.
   C. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY SUCH PERSON, AT SUCH
 PERSON'S OPTION, FROM  ACCEPTING  SUCH  A  CONTAINER  FOR  RECYCLING  OR
 DISPOSAL.
   2. A. A dealer or operator of a redemption center AND A DEPOSIT INITI-
 ATOR OR DISTRIBUTOR may also refuse to accept any broken bottle, corrod-
 ed,  crushed  or  dismembered container, or any beverage container which
 contains a significant amount of  foreign  material,  as  determined  in
 rules  and regulations to be promulgated by the commissioner, OTHER THAN
 NON-CORRODED CONTAINERS COMPACTED  BY  A  REVERSE  VENDING  MACHINE,  AS
 S. 3008--B                         214
 
 DETERMINED IN RULES AND REGULATIONS TO BE PROMULGATED BY THE COMMISSION-
 ER.
   B.  ANY PERSON WHO ACCEPTS ANY SUCH CONTAINER FOR REDEMPTION SHALL NOT
 BE ENTITLED TO PAYMENT OF ANY HANDLING  FEE  OR  REFUND  VALUE  ON  SUCH
 CONTAINER.
   C. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY SUCH PERSON, AT SUCH
 PERSON'S  OPTION,  FROM  ACCEPTING  SUCH  A  CONTAINER  FOR RECYCLING OR
 DISPOSAL.
   3. A DEALER OR OPERATOR OF A REDEMPTION CENTER AND A DEPOSIT INITIATOR
 OR DISTRIBUTOR SHALL REFUSE TO  ACCEPT  FOR  REFUND  AN  EMPTY  BEVERAGE
 CONTAINER  THAT  THE  DEALER,  REDEMPTION  CENTER, DEPOSIT INITIATOR, OR
 DISTRIBUTOR KNOWS WAS PURCHASED OUTSIDE OF THE STATE.
   § 5. Paragraphs a and c of subdivision 4 of  section  27-1012  of  the
 environmental  conservation  law,  as  added  by section 8 of part SS of
 chapter 59 of the laws of 2009, are amended to read as follows:
   a. Quarterly payments.
   (I) An amount equal to [eighty] SIXTY percent of the balance outstand-
 ing in the refund value account at the close of each  quarter  shall  be
 paid  to the commissioner of taxation and finance at the time the report
 provided for in subdivision three of this  section  is  required  to  be
 filed.  The  commissioner  of  taxation and finance may require that the
 payments be made electronically. The remaining [twenty] FORTY percent of
 the balance outstanding at the close of each quarter shall be the monies
 of the deposit initiator and may be withdrawn from such account  by  the
 deposit initiator.
   (II)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH, A DEPOSIT
 INITIATOR WHO DEMONSTRATES TO THE SATISFACTION OF THE COMMISSIONER  THAT
 AT  LEAST  SEVENTY-FIVE  PERCENT  OF  DEPOSITS IT INITIATES ARE REDEEMED
 SHALL PAY AN AMOUNT EQUAL TO FIFTY-FIVE PERCENT OF THE BALANCE OUTSTAND-
 ING IN THE REFUND VALUE ACCOUNT SPECIFICALLY ATTRIBUTABLE TO  REFILLABLE
 BEVERAGE  CONTAINERS AT THE CLOSE OF EACH QUARTER TO THE COMMISSIONER OF
 TAXATION AND FINANCE AT THE TIME THE REPORT PROVIDED FOR IN  SUBDIVISION
 THREE OF THIS SECTION IS REQUIRED TO BE FILED.
   (III)  If  the provisions of this section with respect to such account
 have not been fully complied with, each deposit initiator shall  pay  to
 such  commissioner  at such time, in lieu of the amount described in the
 preceding sentence, an amount equal to the balance which would have been
 outstanding on such date had such provisions been fully  complied  with.
 The  commissioner  of taxation and finance may require that the payments
 be made electronically.
   c. Final report. A deposit initiator who ceases to do business in this
 state as a deposit initiator shall file a final report and remit payment
 of [eighty] SIXTY percent of all amounts remaining in the  refund  value
 account as of the close of the deposit initiator's last day of business.
 The  commissioner  of taxation and finance may require that the payments
 be made electronically. The deposit  initiator  shall  indicate  on  the
 report  that it is a "final report". The final report is due to be filed
 with payment twenty days after the close  of  the  quarterly  period  in
 which  the  deposit  initiator  ceases  to do business. In the event the
 deposit initiator pays out more in refund values  than  it  collects  in
 such  final  quarterly  period,  the  deposit initiator may apply to the
 commissioner of taxation and finance for a refund of the amount of  such
 excess payment of refund values from sources other than the refund value
 account,  in  the manner as provided by the commissioner of taxation and
 finance.
 S. 3008--B                         215
 
   § 6.   Subdivision   5   of   section   27-1012 of  the  environmental
 conservation law, as amended by section 2 of part JJ of  chapter  58  of
 the laws of 2017, is amended to read as follows:
   5.  All moneys collected or received by the department of taxation and
 finance pursuant to this title shall be deposited to the credit  of  the
 comptroller  with such responsible banks, banking houses or trust compa-
 nies as may be designated by the comptroller.  Such  deposits  shall  be
 kept  separate  and apart from all other moneys in the possession of the
 comptroller. The comptroller shall require adequate  security  from  all
 such depositories. Of the total revenue collected, the comptroller shall
 retain the amount determined by the commissioner of taxation and finance
 to  be  necessary  for refunds out of which the comptroller must pay any
 refunds to which a deposit initiator may be entitled.   OF  THE  REVENUE
 REMAINING FOLLOWING PAYMENTS OF ANY REFUNDS, THE COMPTROLLER SHALL ANNU-
 ALLY, THROUGH THE STATE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
 SAND  TWENTY-NINE,  RETAIN  AN AMOUNT EQUAL TO THREE MILLION DOLLARS FOR
 THE  BEVERAGE  CONTAINER  ASSISTANCE  PROGRAM  ESTABLISHED  PURSUANT  TO
 SECTION  27-1018  OF  THIS  TITLE.  After  reserving  the  amount to pay
 refunds, the comptroller must, by the tenth day of each month, pay  into
 the  state treasury to the credit of the general fund the revenue depos-
 ited under this subdivision during  the  preceding  calendar  month  and
 remaining  to the comptroller's credit on the last day of that preceding
 month; provided, however, that,  beginning  April  first,  two  thousand
 thirteen,  nineteen  million  dollars,  and all fiscal years thereafter,
 twenty-three million dollars plus all funds received from  the  payments
 due  each  fiscal  year  pursuant to subdivision four of this section in
 excess of the greater of the amount received from April first, two thou-
 sand twelve through March thirty-first, two  thousand  thirteen  or  one
 hundred twenty-two million two hundred thousand dollars, shall be depos-
 ited  to  the  credit  of  the environmental protection fund established
 pursuant to section ninety-two-s of the state finance law.
   § 7. Section 27-1012 of the environmental conservation law is  amended
 by adding a new subdivision 13 to read as follows:
   13.  ANNUALLY  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, SHALL USE  AVAILABLE  INFORMATION  TO  PRODUCE  AN
 ANNUAL REPORT AT A MINIMUM CONTAINING INFORMATION ON:  REDEMPTION RATES;
 CONTAINER  MATERIAL  TYPES BY PERCENT USAGE; REFILLABLE CONTAINER USAGE;
 FRAUD AND ENFORCEMENT ACTIONS; AN  ANALYSIS  OF  THE  HANDLING  FEE  AND
 CONSUMER  PRICE INDEX; THE FINANCIAL HEALTH OF REDEMPTION CENTERS IN THE
 STATE, INCLUDING AN ANALYSIS OF REGIONAL VARIATION; AND AN  ANALYSIS  OF
 REDEMPTION  RATES  AND  RELEVANT INCENTIVE STRUCTURES FOR DEPOSIT INITI-
 ATORS, DEALERS, REDEEMERS, REDEMPTION CENTERS, AND DISTRIBUTORS.    SUCH
 REPORT  SHALL  BE PROVIDED TO THE LEGISLATURE AND POSTED PUBLICLY ON THE
 DEPARTMENT'S WEBSITE.
   § 8. Paragraph a of subdivision 7 of section 27-1012 of  the  environ-
 mental  conservation  law, as amended by section 8 of part SS of chapter
 59 of the laws of 2009, is amended to read as follows:
   a. Any person who is a deposit initiator under this title before April
 first, two thousand nine, must apply by June first, two thousand nine to
 the commissioner of taxation and finance for registration as  a  deposit
 initiator.  Any person who becomes a deposit initiator on or after April
 first, two thousand nine shall apply for registration prior to  collect-
 ing  any deposits as such a deposit initiator. Such application shall be
 in a form prescribed by the commissioner of  taxation  and  finance  and
 shall  require such information deemed to be necessary for proper admin-
 istration of this title. The commissioner of taxation  and  finance  may
 S. 3008--B                         216
 
 require  that  applications for registration must be submitted electron-
 ically. The commissioner of taxation and  finance  shall  electronically
 issue  a deposit initiator registration certificate in a form prescribed
 by  the  commissioner  of  taxation  and  finance within fifteen days of
 receipt of such application or may take an additional ten  days  if  the
 commissioner  of taxation and finance deems it necessary to consult with
 the commissioner before issuing such registration certificate. A  regis-
 tration  certificate  issued  pursuant to this subdivision may be issued
 for a specified term of not less than three years and shall  be  subject
 to  renewal  in accordance with procedures specified by the commissioner
 of taxation and finance. The commissioner of taxation and finance  shall
 furnish to the commissioner a complete list of registered deposit initi-
 ators  and  shall continually update such list as warranted. The commis-
 sioner shall share any information with the commissioner of taxation and
 finance that is necessary for the administration  of  this  subdivision.
 THE  COMMISSIONER  SHALL  PUBLISH ON ITS WEBSITE AND ANNUALLY UPDATE THE
 LIST OF REGISTERED DEPOSIT INITIATORS AND THEIR COVERED PRODUCTS, AND  A
 LIST  OF  REGISTERED REDEMPTION CENTERS AND THE TOTAL COMBINED NUMBER OF
 REDEEMED CONTAINERS HANDLED BY ALL SUCH REDEMPTION CENTERS IN THE  PRIOR
 YEAR ON THE DEPARTMENT'S WEBSITE.
   § 9. Section 27-1013 of the environmental conservation law, as amended
 by  section 7 of part F of chapter 58 of the laws of 2013, is amended to
 read as follows:
 § 27-1013. Redemption centers.
   1. (A)(I) AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF  TWO
 THOUSAND TWENTY-FIVE THAT AMENDED THIS SECTION AND SUBJECT TO APPLICABLE
 PROVISIONS OF LOCAL AND STATE LAW, ANY PERSON, FIRM OR CORPORATION WHICH
 ESTABLISHES  A  REDEMPTION  CENTER  SHALL  SUBMIT  AN APPLICATION TO THE
 COMMISSIONER FOR REGISTRATION AS A CONDITION OF OPERATION.
   (II) ANY REDEMPTION CENTER IN BUSINESS ON OR BEFORE APRIL  FIRST,  TWO
 THOUSAND  TWENTY-FIVE  MAY  CONTINUE TO OPERATE AS IF THE DEPARTMENT HAD
 ISSUED SUCH REDEMPTION CENTER A  REGISTRATION  REQUIRED  BY  REGULATIONS
 ADOPTED  UNDER  THIS  SECTION;  PROVIDED,  HOWEVER, THAT SUCH REDEMPTION
 CENTER SHALL SUBMIT A RENEWAL APPLICATION TO THE COMMISSIONER IN ACCORD-
 ANCE WITH APPLICABLE REGULATIONS BY APRIL FIRST,  TWO  THOUSAND  TWENTY-
 SIX.
   (III)  AN  APPLICATION  FOR REGISTRATION OR RENEWAL SHALL BE IN A FORM
 PRESCRIBED BY THE COMMISSIONER AND SHALL, AT A MINIMUM, REQUIRE THE NAME
 AND PHYSICAL ADDRESS OF THE REDEMPTION CENTER,  THE  NAME,  ADDRESS  AND
 CONTACT  INFORMATION  OF  THE  OWNER  AND/OR  OPERATOR OF THE REDEMPTION
 CENTER, THE NAMES AND ADDRESSES OF EACH DEALER OR DISTRIBUTOR WITH WHICH
 THE REDEMPTION CENTER HAS CONTRACTED TO COLLECT,  SORT  AND  OBTAIN  THE
 REFUND  VALUE AND HANDLING FEE OF EMPTY BEVERAGE CONTAINERS, AS APPLICA-
 BLE, THE NUMBER OF BEVERAGE CONTAINERS REDEEMED BY THE REDEMPTION CENTER
 DURING THE PRECEDING TWELVE MONTHS, AS APPLICABLE, AND SUCH OTHER INFOR-
 MATION AS THE COMMISSIONER DEEMS NECESSARY FOR PROPER ADMINISTRATION  OF
 THIS  TITLE.  THE COMMISSIONER SHALL ISSUE A REDEMPTION CENTER REGISTRA-
 TION CERTIFICATE OR RENEWAL CERTIFICATE IN  A  FORM  PRESCRIBED  BY  THE
 COMMISSIONER WITHIN THIRTY DAYS OF RECEIPT OF SUCH APPLICATION. A REGIS-
 TRATION  CERTIFICATE  OR  RENEWAL  CERTIFICATE  ISSUED  PURSUANT TO THIS
 SUBDIVISION SHALL BE SUBJECT TO RENEWAL EVERY THREE YEARS IN  ACCORDANCE
 WITH PROCEDURES SPECIFIED BY THE COMMISSIONER.
   (IV)  ANY  REDEMPTION  CENTER  THAT CEASES OPERATIONS SHALL NOTIFY THE
 COMMISSIONER OF SUCH CESSATION IN WRITING WITHIN THIRTY DAYS IN  A  FORM
 PRESCRIBED BY THE COMMISSIONER.
 S. 3008--B                         217
 
   (B)  THE  COMMISSIONER  SHALL  ISSUE  A REGISTRATION OR RENEWAL WITHIN
 THIRTY DAYS OF THE SUBMISSION OF AN APPLICATION BY  A  PERSON,  FIRM  OR
 CORPORATION WHICH ESTABLISHES A REDEMPTION CENTER IN ACCORDANCE WITH THE
 PROVISIONS  OF  THIS  SECTION, SUBJECT TO APPLICABLE PROVISIONS OF LOCAL
 AND  STATE  LAWS.  AN  APPLICATION  FOR REGISTRATION OR RENEWAL SHALL BE
 DEEMED APPROVED IF THE DEPARTMENT FAILS TO ACT ON SUCH APPLICATION WITH-
 IN THIRTY DAYS OF SUBMISSION. REGISTRATIONS AND RENEWALS SHALL BE ISSUED
 AT NO COST TO THE APPLICANT.
   (C) AFTER DUE NOTICE AND AN OPPORTUNITY TO BE  HEARD,  THE  DEPARTMENT
 MAY  DENY  AN APPLICATION FOR REGISTRATION OR RENEWAL OR REVOKE A REGIS-
 TRATION. IN DETERMINING WHETHER OR NOT TO  REVOKE  A  REGISTRATION,  THE
 COMMISSIONER SHALL, AT A MINIMUM, TAKE INTO CONSIDERATION THE COMPLIANCE
 HISTORY  OF  AN APPLICANT, RESULTS FROM AUDITS, GOOD FAITH EFFORTS OF AN
 APPLICANT TO COMPLY, ANY ECONOMIC BENEFIT FROM NONCOMPLIANCE, AND WHETH-
 ER ANY VIOLATION WAS PROCEDURAL IN NATURE. THE  COMMISSIONER'S  DETERMI-
 NATION  TO  REVOKE  A  REGISTRATION  IS  SUBJECT TO REVIEW UNDER ARTICLE
 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   (D) ANY PERSON, FIRM OR CORPORATION REQUIRED TO  BE  REGISTERED  UNDER
 THIS  SECTION WHICH, WITHOUT BEING REGISTERED, REDEEMS BEVERAGE CONTAIN-
 ERS IN THIS STATE, SHALL NOT BE ELIGIBLE TO RECEIVE A HANDLING  FEE  FOR
 ANY  SUCH  REDEEMED  BEVERAGE  CONTAINERS,  AND  IF SUCH PERSON, FIRM OR
 CORPORATION HAS RECEIVED A HANDLING FEE AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH, IT SHALL BE PROMPTLY REFUNDED TO THE DISTRIBUTOR  OR  DEPOSIT
 INITIATOR WHICH PAID SUCH HANDLING FEE.
   2.  The commissioner is hereby empowered to promulgate rules and regu-
 lations governing:
   (a)  the  circumstances  in  which  deposit  initiators,  dealers  and
 distributors,  individually  or collectively, are required to accept the
 return of empty beverage containers, including beverage containers proc-
 essed through reverse vending machines and make payment therefor;
   (b) the sorting  of  the  containers  which  a  deposit  initiator  or
 distributor may require of dealers and redemption centers;
   (c)  the  collection of returned beverage containers by deposit initi-
 ators or distributors, including the party to whom such expense is to be
 charged, the frequency of such pick ups and the payment for refunds  and
 handling fees thereon;
   (d) the right of dealers to restrict or limit the number of containers
 redeemed,  the  rules  for redemption at the dealers' place of business,
 and the redemption of containers from a beverage for  which  sales  have
 been discontinued;
   (e)  [to issue] registrations AND RENEWALS ISSUED to persons, firms or
 corporations which establish redemption centers, subject  to  applicable
 provisions  of local and state laws, [at which redeemers and dealers may
 return empty beverage containers and receive payment of the refund value
 of such beverage containers. Such registrations shall be  issued  at  no
 cost.  Should  the department require by regulations adopted pursuant to
 this paragraph that redemption centers must obtain a registration  as  a
 condition  of  operation,  any redemption center in business as of March
 first, two thousand thirteen that  previously  provided  the  department
 with  the  notification information required by regulations in effect as
 of such date may continue to operate as if  the  department  had  issued
 such  redemption  center  a registration required by regulations adopted
 under this paragraph; provided, however,  that  such  redemption  center
 shall  provide  the  department  with  any other information required by
 regulations adopted pursuant to this paragraph.    The  department  may,
 after  due notice and opportunity of hearing, pursuant to the provisions
 S. 3008--B                         218

 of section 71-1709 of this chapter, deny  an  application  or  revoke  a
 registration. In determining whether or not to revoke a registration the
 commissioner  shall at a minimum, take into consideration the compliance
 history  of  a violator, good faith efforts of a violator to comply, any
 economic benefit from noncompliance and whether the violation was proce-
 dural in nature. The commissioner's determination to revoke a  registra-
 tion is subject to review under article seventy-eight of the civil prac-
 tice law and rules] PURSUANT TO SUBDIVISION ONE OF THIS SECTION; and
   (f) the operation of mobile redemption centers in order to ensure that
 to  the best extent practicable containers are not proffered for redemp-
 tion to a deposit initiator or distributor  outside  of  the  geographic
 area  where such deposit initiator sells containers and initiates depos-
 its.
   [2.] 3.  A. THE COMMISSIONER SHALL SET STANDARDS AND PROMULGATE  RULES
 AND  REGULATIONS  GOVERNING THE PERFORMANCE OF AUDITS IN CONNECTION WITH
 PICK-UPS OF REDEEMED BEVERAGE CONTAINERS. SUCH AUDITS SHALL BE CONDUCTED
 BY THE DEPARTMENT AT LEAST ONCE ANNUALLY AT EVERY REDEMPTION  CENTER  IN
 THE STATE.
   B.  THE  DEPARTMENT  SHALL  TAKE  INTO  CONSIDERATION  COMPLAINTS  AND
 REQUESTS FOR AUDITS  BY  DISTRIBUTORS,  DEPOSIT  INITIATORS,  REDEMPTION
 CENTERS,  AND  DEALERS  WHEN DETERMINING HOW AND WHEN TO CONDUCT AUDITS,
 AND MAY COORDINATE AUDITS WITH  ANY  OF  THE  FOREGOING  PERSONS.  AUDIT
 RESULTS  SHALL  BE  PROMPTLY REPORTED TO THE DISTRIBUTOR, DEPOSIT INITI-
 ATOR, REDEMPTION CENTER AND/OR DEALER WHOSE PICK-UP TRANSACTION  IS  THE
 SUBJECT OF SUCH AUDIT.
   C.  WHERE AN AUDIT FINDS THAT A PARTY TO A PICKUP TRANSACTION REPORTED
 MORE BEVERAGE CONTAINERS THAN WERE  ACTUALLY  PHYSICALLY  TENDERED,  THE
 DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO THE REDEMPTION CENTER OF SUCH
 SHORTFALL  AND THE REDEMPTION CENTER SHALL PROVIDE A REFUND BASED ON THE
 ACTUAL TENDERED AMOUNT, PROVIDED THAT IF SUCH AUDIT REVEALS A DISCREPAN-
 CY BETWEEN THE REDEMPTION CENTER'S REPORTED NUMBER OF BEVERAGE  CONTAIN-
 ERS AND THE ACTUAL PHYSICAL COUNT OF TEN PERCENT OR GREATER, THE DEPART-
 MENT MAY AUTHORIZE THE DEPOSIT INITIATOR TO WITHHOLD UP TO FIFTY PERCENT
 OF  THE HANDLING FEE OTHERWISE PAYABLE TO THE REDEMPTION CENTER FOR SUCH
 TENDER, AND PROVIDED  FURTHER  THAT  UPON  ANY  SUBSEQUENT  AUDIT  WHICH
 PRODUCES  A  DISCREPANCY  OF  TEN  PERCENT  OR  MORE, THE DEPARTMENT MAY
 AUTHORIZE A DEPOSIT INITIATOR TO WITHHOLD UP TO ONE HUNDRED  PERCENT  OF
 THE  HANDLING  FEE  OTHERWISE PAYABLE TO SUCH REDEMPTION CENTER. FOR ANY
 SUCH AUDIT THAT REVEALS A DISCREPANCY BETWEEN THE  REPORTED  AMOUNT  AND
 THE  COUNT  OF  TEN PERCENT OR GREATER, OR THAT MORE THAN TWO PERCENT OF
 CONTAINERS ARE INELIGIBLE, THE DEPARTMENT MAY FIND THE APPLICABLE PERSON
 IN VIOLATION OF THIS TITLE.
   4. The department may require a redemption center to obtain a  permit,
 as  an alternative to registration if such center is located at the same
 facility or site as another solid waste  management  facility  otherwise
 subject  to the requirements of title seven of this article or the regu-
 lations promulgated pursuant thereto.
   [3.] 5. No dealer or distributor, as defined  in  section  27-1003  of
 this title, shall be required to obtain a permit to operate a redemption
 center  at  the  same location as the dealer's or distributor's place of
 business. Operators of such redemption centers shall receive payment  of
 the refund value of each beverage container from the appropriate deposit
 initiator  or  distributor  as  provided  under  section 27-1007 of this
 title.
   [4.] 6. Each dealer and redemption center  shall  require  any  person
 tendering  for redemption more than two thousand five hundred containers
 S. 3008--B                         219
 
 at one time to  such  dealer  or  redemption  center  to  provide:  such
 person's  name  and address [and]; the license plate of the vehicle used
 to transport the containers, or, in the case of an agent or employee  of
 a  not-for-profit  corporation, a sales tax exemption certificate; AND A
 CERTIFICATION THAT TO THE BEST OF SUCH PERSON'S KNOWLEDGE THE CONTAINERS
 WERE ORIGINALLY SOLD AS FILLED BEVERAGE CONTAINERS  IN  THIS  STATE  AND
 WERE  NOT PREVIOUSLY REDEEMED.  AFTER COMPLYING AT LEAST ONCE WITH THESE
 REQUIREMENTS, A PERSON NEED NOT COMPLY AT EACH SUBSEQUENT  TENDER  TO  A
 DEALER  OR  REDEMPTION  CENTER  FOR REDEMPTION OF MORE THAN TWO THOUSAND
 FIVE HUNDRED CONTAINERS IF:  ALL SUCH CONTAINERS WERE COLLECTED  AT  ONE
 LOCATION  IN  THIS  STATE;  ALL  PROCEEDS  OF THE REFUND VALUE BENEFIT A
 NONPROFIT ORGANIZATION THAT HAS BEEN DETERMINED  BY  THE  UNITED  STATES
 INTERNAL  REVENUE  SERVICE  TO  BE EXEMPT FROM TAXATION UNDER THE UNITED
 STATES INTERNAL REVENUE CODE OF 1986, SECTION 501(C)(3); AND THE  PERSON
 TENDERING  THE  CONTAINERS FOR REDEMPTION SIGNS A DECLARATION INDICATING
 THE PERSON'S NAME, THE ADDRESS OF THE COLLECTION POINT AND THE  NAME  OF
 THE  ORGANIZATION  OR  ORGANIZATIONS THAT WILL RECEIVE THE REFUND VALUE.
 The dealer or redemption center redeeming the beverage containers  shall
 keep  [the]  SUCH information on file for a minimum of twelve months and
 provide [same] SUCH INFORMATION to the department upon request.
   § 10. Section  27-1014  of  the  environmental  conservation  law,  as
 amended  by  section 10 of part SS of chapter 59 of the laws of 2009, is
 amended to read as follows:
 § 27-1014. Authority to promulgate rules and regulations.
   In addition to the authority of  the  commissioner[,]  under  sections
 27-1007,  27-1009  [and], 27-1011, 27-1012, 27-1013, AND 27-1018 of this
 title, the commissioner shall have the power  to  promulgate  rules  and
 regulations  necessary  and  appropriate  for the administration of this
 title.
   § 11. Section 27-1018 of the environmental conservation law, as  added
 by  section  13 of part SS of chapter 59 of the laws of 2009, is amended
 to read as follows:
 § 27-1018. Beverage container assistance program.
   1. Notwithstanding any other provision of law to the contrary,  WITHIN
 THE  AMOUNTS  RETAINED  BY  THE  COMPTROLLER  FOR USE UNDER THE BEVERAGE
 CONTAINER ASSISTANCE  PROGRAM  PURSUANT  TO SUBDIVISION FIVE OF  SECTION
 27-1012 OF THIS TITLE, AND within the limits of appropriations therefor,
 the  commissioner  shall  make  state  assistance  payments  to [munici-
 palities,] QUALIFYING SMALL businesses and not-for-profit  organizations
 located  in  the state, UPON APPLICATION, for (A) the cost AND INSTALLA-
 TION of reverse vending machines located or to be located in  the  state
 [.  Such state assistance payments shall not exceed fifty percent of the
 costs of equipment, and/or the acquisition and/or rehabilitation of real
 property or structures located or to be located in the state related  to
 the  collecting,  sorting,  and  packaging  of empty beverage containers
 subject to the provisions of this title. Such payments may include costs
 related to the establishment of  redemption  centers,  including  mobile
 redemption centers], AND (B) SUPPORT FOR REDEMPTION CENTERS THAT OPERATE
 INDEPENDENTLY FROM DEALERS, WHICH SUPPORT MAY TAKE THE FORM OF A SUPPLE-
 MENTAL  HANDLING  FEE  OF NO MORE THAN ONE ADDITIONAL CENT PER CONTAINER
 REDEEMED.
   2. THE DEPARTMENT MAY DEVELOP POLICIES AND PROCEDURES FOR  THE  EVALU-
 ATION  OF REDEMPTION CENTER ELIGIBILITY AND SUPPORT. PREFERENCE SHALL BE
 GIVEN TO REDEMPTION CENTERS THAT DO  NOT  OWN,  LEASE,  OR  UTILIZE  ANY
 REVERSE  VENDING  MACHINES, REDEMPTION CENTERS DEMONSTRATING SIGNIFICANT
 FINANCIAL DISTRESS, REDEMPTION CENTERS THAT REDEEM  A  SMALL  NUMBER  OF
 S. 3008--B                         220
 
 CONTAINERS  RELATIVE  TO  OTHER  REDEMPTION  CENTERS, AND NOT-FOR-PROFIT
 ORGANIZATIONS AND QUALIFIED  SMALL  BUSINESSES   THAT   DO   NOT HAVE  A
 REDEMPTION CENTER WITHIN ONE MILE.
   3.  UP TO FIVE PERCENT OF FUNDS AVAILABLE UNDER THE BEVERAGE CONTAINER
 ASSISTANCE PROGRAM MAY BE USED    FOR  THE  DEPARTMENT'S  ADMINISTRATIVE
 COSTS  TO  ADMINISTER  THE PROGRAM UNDER THIS SECTION, PROVIDED THAT ANY
 SUCH FUNDS WHICH ARE UNUSED AT THE END OF EACH FISCAL YEAR SHALL BE MADE
 AVAILABLE FOR PROGRAM ASSISTANCE IN THE FOLLOWING FISCAL YEAR.  ANY SUCH
 UNUSED FUNDS REMAINING UPON THE TERMINATION  OF  THE  PROGRAM  SHALL  BE
 DEPOSITED  IN  THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
 SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   4. For the purposes of this section, [municipalities and] not-for-pro-
 fit organizations shall have the meaning as defined in  section  54-0101
 of  this  chapter  and  QUALIFIED SMALL businesses shall mean a dealer[,
 distributor] or redemption center as defined in this title that  employs
 less than fifty employees.
   §  12.  Section  27-1018  of  the  environmental  conservation  law is
 REPEALED.
   § 13. The multi-agency bottle bill fraud investigation  team,  led  by
 the  department  of  environmental  conservation  and first announced on
 October 23, 2023, shall submit a report to the governor,  the  temporary
 president  of  the senate, and the speaker of the assembly no later than
 one year after the  effective  date  of  this  act.  Such  report  shall
 include,  but  not  be  limited  to,  any findings of pervasive beverage
 container redemption fraud in New York state,  and  any  recommendations
 for legislative action in response to such fraud.
   §  14. This act shall take effect immediately; provided, however, that
 sections two, three, four, five, six, seven, eight, nine, ten and eleven
 of this act shall take effect July 1, 2025; provided  further,  however,
 that  section  one  of  this  act  shall  take  effect July 1, 2027; and
 provided, further, that section twelve of this  act  shall  take  effect
 January  1,  2039,  with any remaining funds transferred to the environ-
 mental protection fund established pursuant to section 92-s of the state
 finance law.  Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
                                 PART EEEE
 
   Section  1.  Section  88 of the highway law is amended by adding a new
 subdivision 12-a to read as follows:
   12-A. (A) THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT,  UPON  FEDERAL
 APPROVAL  IF NECESSARY, AN OFFICIAL BUSINESS DIRECTIONAL SIGN PROGRAM TO
 PROVIDE DIRECTIONAL  INFORMATION  REGARDING  THE  PRESENCE  OF  PUBLICLY
 AVAILABLE  ZERO-EMISSION  VEHICLE  CHARGING AND REFUELING STATIONS. SUCH
 PROGRAM MAY BE INCORPORATED INTO THE OFFICIAL BUSINESS DIRECTIONAL  SIGN
 PROGRAM  IMPLEMENTED  BY THE COMMISSIONER PURSUANT TO SUBDIVISION TWELVE
 OF THIS SECTION. THE OFFICIAL  BUSINESS  ZERO-EMISSION  VEHICLE  STATION
 DIRECTIONAL  SIGN  PROGRAM GUIDELINES SHALL INCLUDE THE INSTALLATION AND
 MAINTENANCE OF SIGNAGE DESIGNATING WHERE PUBLICLY ACCESSIBLE  ZERO-EMIS-
 SION  VEHICLE  CHARGING  AND REFUELING STATIONS ARE LOCATED WITHIN THREE
 MILES OF A ROADWAY EXIT OR OFF-RAMP IN ACCORDANCE  WITH  THE  MANUAL  ON
 UNIFORM TRAFFIC CONTROL DEVICES.
   (B)  THE  OFFICIAL  BUSINESS ZERO-EMISSION VEHICLE STATION DIRECTIONAL
 SIGN PROGRAM SHALL BE INTEGRATED WITH, BUT NOT LIMITED  BY,  INFORMATION
 S. 3008--B                         221
 
 CENTERS  PROVIDED FOR IN SUBDIVISION TEN OF THIS SECTION TO MAXIMIZE THE
 INFORMATION MADE AVAILABLE IN THE SPECIFIC  INTEREST  OF  THE  TRAVELING
 PUBLIC.
   (C)  THE  INSTALLATION OF ZERO-EMISSION VEHICLE CHARGING AND REFUELING
 STATION SIGNAGE SHALL ONLY OCCUR DURING THE REGULAR  COURSE  OF  MAINTE-
 NANCE FOR EXISTING SIGNAGE. THE COMMISSIONER SHALL SEEK TO SPEED FEDERAL
 APPROVAL OF THE OFFICIAL BUSINESS ZERO-EMISSION VEHICLE DIRECTIONAL SIGN
 PROGRAM IF SUCH APPROVAL IS NECESSARY.
   (D)  FOR PURPOSES OF THIS SECTION "ZERO-EMISSION VEHICLE" SHALL MEAN A
 MOTOR VEHICLE THAT IS PROPELLED BY  AN  ELECTRIC  MOTOR  AND  ASSOCIATED
 POWER  ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS
 DURING NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY  FROM  A  HYDROGEN
 FUEL  CELL OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN
 EXTERNAL SOURCE OF ELECTRICITY; OR  OTHERWISE  OPERATES  WITHOUT  DIRECT
 EMISSION OF ATMOSPHERIC POLLUTANTS.
   §  1-a.  The public authorities law is amended by adding a new section
 359-b to read as follows:
   § 359-B. PUBLICLY AVAILABLE ZERO-EMISSION VEHICLE CHARGING AND REFUEL-
 ING STATION SIGNAGE. 1. UPON BOARD APPROVAL, THE EXECUTIVE  DIRECTOR  OF
 THE  AUTHORITY  SHALL  DEVELOP  AND  IMPLEMENT, UPON FEDERAL APPROVAL IF
 NECESSARY, AN OFFICIAL BUSINESS  DIRECTIONAL  SIGN  PROGRAM  TO  PROVIDE
 DIRECTIONAL  INFORMATION  REGARDING  THE  PRESENCE OF PUBLICLY AVAILABLE
 ZERO-EMISSION VEHICLE CHARGING AND REFUELING STATIONS. SUCH PROGRAM  MAY
 BE INCORPORATED INTO RELEVANT BUSINESS DIRECTIONAL SIGN PROGRAMS ALREADY
 MAINTAINED  BY THE AUTHORITY AS APPROPRIATE. THE OFFICIAL BUSINESS ZERO-
 EMISSION VEHICLE  STATION  DIRECTIONAL  SIGN  PROGRAM  GUIDELINES  SHALL
 INCLUDE  THE  INSTALLATION  AND MAINTENANCE OF SIGNAGE DESIGNATING WHERE
 PUBLICLY  ACCESSIBLE  ZERO-EMISSION  VEHICLE  CHARGING   AND   REFUELING
 STATIONS  ARE  LOCATED WITHIN TEN MILES OF A ROADWAY EXIT OR OFF-RAMP IN
 ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
   2. THE OFFICIAL BUSINESS  ZERO-EMISSION  VEHICLE  STATION  DIRECTIONAL
 SIGN  PROGRAM MAY BE INTEGRATED WITH, BUT NOT LIMITED BY, TOURIST INFOR-
 MATION FACILITIES TO MAXIMIZE THE  INFORMATION  MADE  AVAILABLE  IN  THE
 SPECIFIC INTEREST OF THE TRAVELING PUBLIC.
   3.  THE  INSTALLATION  OF ZERO-EMISSION VEHICLE CHARGING AND REFUELING
 STATION SIGNAGE SHALL ONLY OCCUR DURING THE REGULAR  COURSE  OF  MAINTE-
 NANCE  FOR  EXISTING SIGNAGE. THE EXECUTIVE DIRECTOR SHALL SEEK TO EXPE-
 DITE FEDERAL APPROVAL OF THE  OFFICIAL  BUSINESS  ZERO-EMISSION  VEHICLE
 DIRECTIONAL SIGN PROGRAM IF SUCH APPROVAL IS NECESSARY.
   4.  FOR  PURPOSES OF THIS SECTION "ZERO-EMISSION VEHICLE" SHALL MEAN A
 MOTOR VEHICLE THAT IS PROPELLED BY  AN  ELECTRIC  MOTOR  AND  ASSOCIATED
 POWER  ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS
 DURING NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY  FROM  A  HYDROGEN
 FUEL  CELL OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN
 EXTERNAL SOURCE OF ELECTRICITY; OR  OTHERWISE  OPERATES  WITHOUT  DIRECT
 EMISSION OF ATMOSPHERIC POLLUTANTS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and apply to signage installed or  maintained  by  the
 department of transportation on or after such effective date.
 
                                 PART FFFF
 
   Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 4 of
 section 502 of the vehicle and traffic law, as amended by chapter 379 of
 the laws of 2022, is amended to read as follows:
 S. 3008--B                         222
 
   (i) Upon submission of an application  for  a  driver's  license,  the
 applicant  shall be required to take and pass a test, or submit evidence
 of passage of a test, with respect to the laws relating to traffic,  the
 laws  relating to driving while ability is impaired and while intoxicat-
 ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
 awareness, "Motorcycle Safety" awareness and "Pedestrian  and  Bicyclist
 Safety"  awareness  as  defined by the commissioner, "School Bus Safety"
 awareness, the law relating to exercising due care  to  avoid  colliding
 with  a  parked,  stopped  or  standing  authorized emergency vehicle or
 hazard vehicle pursuant to section eleven hundred forty-four-a  of  this
 chapter,  the  ability to read and comprehend traffic signs and symbols,
 THE RESPONSIBILITIES OF A DRIVER WHEN STOPPED BY A LAW ENFORCEMENT OFFI-
 CER and such other matters as the commissioner  may  prescribe,  and  to
 satisfactorily  complete  a course prescribed by the commissioner of not
 less than four hours and not more than five hours, consisting of  class-
 room  driver  training  and highway safety instruction or the equivalent
 thereof. Such test  shall  include  at  least  seven  written  questions
 concerning the effects of consumption of alcohol or drugs on the ability
 of  a  person  to  operate  a  motor vehicle and the legal and financial
 consequences resulting from violations of section eleven  hundred  nine-
 ty-two  of  this  chapter,  prohibiting the operation of a motor vehicle
 while under the influence of alcohol or drugs. Such test  shall  include
 one  or  more  written  questions  concerning the devastating effects of
 "Road Rage" on the ability of a person to operate a  motor  vehicle  and
 the  legal and financial consequences resulting from assaulting, threat-
 ening or interfering with the lawful conduct of another  person  legally
 using  the  roadway.  Such  test  shall  include  one  or more questions
 concerning the potential dangers to persons and equipment resulting from
 the unsafe operation of a motor vehicle in a work zone.   Such test  may
 include  one  or  more questions concerning motorcycle safety. Such test
 may include one or more questions concerning the law for exercising  due
 care  to  avoid  colliding  with  a  parked, stopped or standing vehicle
 pursuant to section eleven hundred forty-four-a of  this  chapter.  Such
 test  may  include  one  or more questions concerning school bus safety.
 SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING  THE  RESPONSI-
 BILITIES  OF  A  DRIVER  WHEN STOPPED BY A LAW ENFORCEMENT OFFICER. Such
 test may include one or more questions concerning pedestrian  and  bicy-
 clist  safety.  Such test shall be administered by the commissioner. The
 commissioner shall cause the applicant to take a vision test and a  test
 for  color  blindness.  Upon passage of the vision test, the application
 may be accepted and the application fee shall be payable.
   § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 379 of the laws of 2022, is amended
 to read as follows:
   (b) Upon successful completion of the requirements set forth in  para-
 graph  (a)  of  this subdivision which shall include an alcohol and drug
 education component as described in paragraph (c) of this subdivision, a
 "Road Rage" awareness component as described in paragraph (c-1) of  this
 subdivision,  a  "Work  Zone Safety" awareness component as described in
 paragraph (c-2) of this subdivision,  a  "Motorcycle  Safety"  awareness
 component as described in paragraph (c-3) of this subdivision, a "School
 Bus  Safety" awareness component as described in paragraph (c-4) of this
 subdivision, [and] a "Pedestrian and Bicyclist Safety" awareness  compo-
 nent  as described in paragraph (c-5) of this subdivision, AND A TRAFFIC
 STOP INSTRUCTION COMPONENT AS  DESCRIBED  IN  PARAGRAPH  (C-6)  OF  THIS
 SUBDIVISION,  the  commissioner shall cause the applicant to take a road
 S. 3008--B                         223
 
 test in a representative vehicle of a type prescribed by the commission-
 er which shall be appropriate to the type of license for which  applica-
 tion  is  made,  except  that  the  commissioner may waive the road test
 requirements  for certain classes of applicants. Provided, however, that
 the term "representative vehicle"  shall  not  include  a  three-wheeled
 motor vehicle that has two wheels situated in the front and one wheel in
 the  rear,  has  a steering mechanism and seating which does not require
 the operator to straddle or sit astride, is equipped with  safety  belts
 for all occupants and is manufactured to comply with federal motor vehi-
 cle  safety  standards for motorcycles including, but not limited to, 49
 C.F.R. part 571. The commissioner shall have the power  to  establish  a
 program  to  allow  persons  other  than  employees of the department to
 conduct road tests  in  representative  vehicles  when  such  tests  are
 required  for  applicants  to obtain a class A, B or C license. If [she]
 THE COMMISSIONER chooses to do so, [she]  THEY  shall  set  forth  [her]
 THEIR  reasons  in  writing  and conduct a public hearing on the matter.
 [She] THE COMMISSIONER shall only establish such a program after holding
 the public hearing.
   § 3. Subdivision 4 of section 502 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (c-6) to read as follows:
   (C-6)  TRAFFIC  STOP INSTRUCTION COMPONENT. (I) THE COMMISSIONER SHALL
 PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF  THIS
 SUBDIVISION,  A  MANDATORY  COMPONENT  IN  TRAFFIC STOP INSTRUCTION AS A
 PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE  A  MOTOR  VEHICLE.  THE
 PURPOSE  OF  THIS COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES ON THEIR
 RESPONSIBILITIES WHEN STOPPED BY A LAW ENFORCEMENT OFFICER.
   (II) THE COMMISSIONER SHALL ESTABLISH A  CURRICULUM  FOR  THE  TRAFFIC
 STOP  INSTRUCTION  COMPONENT  WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
 INSTRUCTION DESCRIBING APPROPRIATE ACTIONS TO BE TAKEN BY DRIVERS DURING
 TRAFFIC STOPS AND APPROPRIATE INTERACTIONS WITH LAW ENFORCEMENT OFFICERS
 WHO INITIATE TRAFFIC STOPS. THE CURRICULUM SHALL ALSO EXPLAIN A DRIVER'S
 RESPONSIBILITIES WHEN STOPPED BY A LAW  ENFORCEMENT  OFFICER,  INCLUDING
 MOVING  THE VEHICLE ONTO THE SHOULDER OF THE HIGHWAY OR, WHERE THE HIGH-
 WAY HAS NO SHOULDER, AN AREA ADJACENT TO THE HIGHWAY WHERE  THE  VEHICLE
 CAN SAFELY BE STOPPED DURING A TRAFFIC STOP; TURNING OFF THE MOTOR VEHI-
 CLE'S  ENGINE AND RADIO; AVOIDING SUDDEN MOVEMENTS AND KEEPING THE DRIV-
 ER'S HANDS IN PLAIN VIEW OF THE OFFICER. THE COMMISSIONER IS  AUTHORIZED
 TO  COLLABORATE  WITH THE DIVISION OF STATE POLICE AND NON-PROFIT ORGAN-
 IZATIONS FOCUSING ON DEFENDING OR  PROMOTING  CIVIL  LIBERTIES  AND  ANY
 OTHER  AGENCIES OR ORGANIZATIONS THEY DEEM NECESSARY IN ESTABLISHING THE
 CURRICULUM.
   § 4. Paragraph 1 of subsection (a) of section 2336  of  the  insurance
 law,  as  amended  by  section  3  of  chapter 4 of the laws of 2021, is
 amended to read as follows:
   (1) Any schedule of rates or rating plan for motor  vehicle  liability
 and  collision  insurance  submitted to the superintendent shall provide
 for an actuarially appropriate reduction  in  premium  charges  for  any
 insured  for  a  three year period after successfully completing a motor
 vehicle accident prevention course, known as the national  safety  coun-
 cil's  defensive  driving  course,  or  any  driver  improvement  course
 approved by the department of motor vehicles as being equivalent to  the
 national  safety  council's  defensive  driving  course,  provided that,
 except as provided in article twelve-C of the vehicle and  traffic  law,
 there shall be no reduction in premiums for a self-instruction defensive
 driving  course  or  a course that does not provide for actual classroom
 instruction for a minimum number of hours as determined by  the  depart-
 S. 3008--B                         224
 
 ment  of  motor  vehicles.  Such  reduction  in premium charges shall be
 subsequently modified to the extent appropriate, based upon analysis  of
 loss experience statistics and other relevant factors. All such accident
 prevention  courses  shall be monitored by the department of motor vehi-
 cles and shall include components of instruction in "Road  Rage"  aware-
 ness  [and]  in  "Work  Zone  Safety" awareness, AND IN TRAFFIC STOPS as
 defined by the commissioner of motor vehicles. The  provisions  of  this
 section  shall  not apply to attendance at a program pursuant to article
 twenty-one of the vehicle and traffic law as a  result  of  any  traffic
 infraction.
   §  5.  Paragraph  1 of subsection (a) of section 2336 of the insurance
 law, as amended by section 4 of chapter  4  of  the  laws  of  2021,  is
 amended to read as follows:
   (1)  Any  schedule of rates or rating plan for motor vehicle liability
 and collision insurance submitted to the  superintendent  shall  provide
 for  an  actuarially  appropriate  reduction  in premium charges for any
 insured for a three year period after successfully  completing  a  motor
 vehicle  accident  prevention course, known as the national safety coun-
 cil's  defensive  driving  course,  or  any  driver  improvement  course
 approved  by the department of motor vehicles as being equivalent to the
 national safety council's defensive driving  course,  provided  that  in
 either event there shall be no reduction in premiums for a self-instruc-
 tion  defensive  driving  course  or  a course that does not provide for
 actual classroom instruction for a minimum number of hours as determined
 by the department of motor vehicles. Such reduction in  premium  charges
 shall  be  subsequently  modified  to the extent appropriate, based upon
 analysis of loss experience statistics and other relevant  factors.  All
 such accident prevention courses shall be monitored by the department of
 motor  vehicles  and  shall  include  components of instruction in "Road
 Rage" awareness [and], in "Work Zone Safety" awareness  AND  IN  TRAFFIC
 STOPS  as  defined by the commissioner of motor vehicles. The provisions
 of this section shall not apply to attendance at a program  pursuant  to
 article  twenty-one  of  the  vehicle and traffic law as a result of any
 traffic infraction.
   § 6. This act shall take effect one year after it shall have become  a
 law;  provided  that the amendments to subsection (a) of section 2336 of
 the insurance law made by section four of this act shall be  subject  to
 the expiration and reversion of such subsection pursuant to section 5 of
 chapter  751  of  the  laws of 2005, 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 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 GGGG
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "just energy transition act".
   § 2. Legislative findings and statement of  purpose.  The  legislature
 hereby finds, determines and declares:
   (a)  New  York  state,  especially New York city, is reliant on fossil
 fuels for energy production, making the transition to renewable  sources
 for  the  downstate electricity system key to achieving the requirements
 of section 4 of the New York  state  climate  leadership  and  community
 protection  act, including that seventy percent of the state's electric-
 S. 3008--B                         225

 ity be from renewable energy sources by  the  year  2030  and  that  one
 hundred percent of the state's electricity be from zero-emission sources
 by the year 2040.
   (b)  New  York  state  is committed to the responsible replacement and
 redevelopment of its fossil fueled generation facilities that  currently
 ensure resource adequacy in the state, especially in locations where the
 health  benefits  to historically disadvantaged communities can be maxi-
 mized, and where the cost effective phasing-out of such  facilities  can
 be done while helping to ensure a just transition for the existing work-
 force.
   (c)  A  public policy purpose would be served and the interests of the
 people of the state would be advanced by directing the  New  York  state
 energy  research  and  development  authority,  in consultation with the
 department of public service and the department of environmental conser-
 vation, to continue the development of the study commenced in  2022,  as
 referenced  in  the climate action council scoping plan of strategies to
 facilitate the replacement and redevelopment of New  York's  oldest  and
 most-polluting  fossil  fueled  generation facilities and their sites by
 2030, while ensuring resource adequacy, with renewable energy systems as
 defined in paragraph (b) of subdivision 1 of section 66-p of the  public
 service  law,  energy  storage systems, and electricity transmission and
 distribution systems and equipment.
   (d) It is the intent of  the  legislature  in  enacting  this  act  to
 empower  the  New  York state energy research and development authority,
 department of public service, and department of environmental  conserva-
 tion,  to  develop  a  study  as described in the climate action council
 scoping plan and paragraph (c) of section  three  of  this  act  in  the
 manner  authorized  and  directed herein, and for those entities and the
 public service commission, and any other agencies or authorities of  the
 state  as  may  be required, to commence any proceedings or other initi-
 atives necessary to carry out the strategies described therein.
   § 3. The New York state energy research and development  authority  is
 authorized and directed to:
   (a)  develop  a  study of competitive options to facilitate the phase-
 out, replacement and redevelopment of New York state's oldest and  most-
 polluting  fossil  fueled  generation  facilities and their sites by the
 year  2030,  with  renewable  generation  options  that  include   those
 described in the scoping plan issued by the climate action council under
 section  75-0103 of the environmental conservation law, renewable energy
 systems as defined in paragraph (b) of subdivision 1 of section 66-p  of
 the  public  service law, energy storage systems, and electricity trans-
 mission and distribution systems and equipment, while ensuring  resource
 adequacy  and other reliability services are maintained, and to do so in
 consultation with the department of public service,  the  department  of
 environmental conservation, Long Island power authority, and other rele-
 vant  state  agencies and authorities with subject matter expertise, the
 federally designated electric bulk system operator, the New  York  State
 Reliability Council, and the owners of such facilities. The study should
 prioritize  the  replacement  and  redevelopment  of  such fossil fueled
 generation facilities with  facilities  that  will  directly  assist  in
 achieving  the  energy,  environmental  justice and emissions reductions
 requirements of section 66-p of the public service law. The study  shall
 address the phase-out of at least four gigawatts of fossil fueled gener-
 ation  statewide  capacity in total and prioritize those facilities that
 only operate when electricity usage is highest. The study shall  include
 recommendations of standards and requirements that:
 S. 3008--B                         226
 
   (i)  significantly  reduce  the state's electricity system reliance on
 fossil fuels, taking into account the requirements  and  timing  of  the
 state's emission reduction programs;
   (ii) establish a competitive program to promote private sector invest-
 ment  in  eligible  technologies  that the public service commission has
 determined, after notice and provision for the opportunity  to  comment,
 ensure  resource  adequacy,  while achieving the requirements of section
 66-p of the public service law;
   (iii) provide significant environmental, health and other benefits  to
 disadvantaged  communities  as  such  communities  will be defined under
 section 75-0111 of the environmental conservation law; and
   (iv) have  significant  potential  for  job  creation  and  retention,
 economic  development,  and just transition opportunities benefiting New
 Yorkers and the state's workforce, as  described  in  the  scoping  plan
 issued  by the climate action council under section 75-0103 of the envi-
 ronmental conservation law; and
   (v) ensure the availability of assistance under  the  electric  gener-
 ation  facility  cessation  mitigation  fund established in section 1 of
 part BB of chapter 58 of the laws of 2016 to any local government entity
 impacted by the replacement and redevelopment of  fossil  fueled  gener-
 ation facilities under this section;
   (b) provide  public  notice  of  the  study, and ensure the results of
 the  study are made easily accessible to members of disadvantaged commu-
 nities, as defined in section 75-0101 of the environmental  conservation
 law,  and  provide an opportunity for public comment on the study of not
 less than 60 days and conduct at least  two    public  hearings  on  the
 study, of which at least one shall be held in disadvantaged communities,
 as defined in section 75-0101 of the environmental conservation law with
 such public hearings offering  video participation and accessibility;
   (c)  address  public  comments  and  update the study, as appropriate,
 especially to ensure resource  adequacy  and  reliability  services  are
 maintained; and
   (d)  deliver  the  study  to  the governor, temporary president of the
 senate and speaker of the assembly within 180 days of the effective date
 of this section.
   § 4. The department of public service, the department of environmental
 conservation, and Long Island power authority shall commence proceedings
 and stakeholder processes to establish programs  and  other  initiatives
 necessary to carry out the strategies, programs, standards, and require-
 ments  described  in  the study referred to in section three of this act
 within 60 days of delivery of the study to the governor, temporary pres-
 ident of the senate and speaker of the assembly.
   § 5. The public service commission shall:
   (a) commence a proceeding to implement the strategies, programs, stan-
 dards, and requirements described in the study referred  to  in  section
 three  of this act within 90 days of delivery of the study to the gover-
 nor, temporary president of the senate and speaker of the assembly; and
   (b)  issue  an  order  regarding  implementation  of  the  strategies,
 programs, standards, and requirements described in the study referred to
 in  section  three  of  this act no later than July 30, 2026. Such order
 shall at a minimum:
   (i) direct the New York state energy research and development authori-
 ty to implement a competitive award process to facilitate  the  replace-
 ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
 generation facilities statewide while maintaining reliability consistent
 with the recommendations of the study pursuant to section three of  this
 S. 3008--B                         227
 
 act,  and  that as part of such competitive award process, consideration
 shall be given to security of offtake with  respect  to  generation  and
 transmission; and
   (ii)  direct  that  with  respect  to  the  competitive  award process
 required, the only eligible electricity  generation  from  hydroelectric
 facilities  shall  be electricity that is generated from non-state-owned
 low impact run-of-river facilities located in the state that  provide  a
 year-round electricity capacity resource.
   (c)(i)  Any  projects  pursuant to this section, or the study provided
 herein, shall be  deemed  public  work  and  shall  be  subject  to  and
 performed  in  accordance  with  articles 8 and 9 of the labor law. Each
 contract for such project shall contain a provision  that  such  project
 shall  only  be  undertaken  pursuant  to a project labor agreement. For
 purposes of this section, "project labor agreement" shall  mean  a  pre-
 hire  collective  bargaining agreement between the New York state energy
 research and development authority, a  third  party  on  behalf  of  the
 authority, or a recipient of support under this section, and a bona fide
 building  and  construction  trade  labor  organization establishing the
 labor organization as the collective bargaining representative  for  all
 persons  who  will  perform  work  on  a  public work project, and which
 provides that only contractors and subcontractors who sign a pre-negoti-
 ated agreement with the labor organization can perform project work. All
 contractors and  subcontractors  associated  with  this  work  shall  be
 required  to  utilize apprenticeship agreements as defined by article 23
 of the labor law.
   (ii) The New York state energy research and development authority,  or
 public service commission, where appropriate, shall include requirements
 in  any  procurement  or  development  of  a renewable energy generating
 project, as defined in this subdivision, that the components  and  parts
 shall  be  produced  or  made in whole or substantial part in the United
 States, its territories  or  possessions.  The  New  York  state  energy
 research and development authority's president and chief executive offi-
 cer,  or  their  designee  may  waive  the  procurement  and development
 requirements set forth in this paragraph  if  such  official  determines
 that: the requirements would not be in the public interest; the require-
 ments  would result in unreasonable costs; obtaining such infrastructure
 components and parts in the United States would increase the cost  of  a
 renewable  energy  generating project by an unreasonable amount; or such
 components or parts cannot be produced, made, or assembled in the United
 States in sufficient and reasonably available quantities or of satisfac-
 tory quality. Such determination shall be made on  an  annual  basis  no
 later than December thirty-first, after providing notice and an opportu-
 nity  for  public comment, and such determination shall be made publicly
 available, in writing, on the New York state energy research and  devel-
 opment  authority's  website with a detailed explanation of the findings
 leading to such determination. If the New York state energy research and
 development authority's president and chief executive officer, or  their
 designee,  has issued determinations for three consecutive years finding
 that no such waiver is warranted pursuant to this  paragraph,  then  the
 New York state energy research and development authority shall no longer
 be  required  to provide the annual determination required by this para-
 graph.
   (d)(i) The commissioner of labor, in consultation with labor organiza-
 tions, shall develop a  comprehensive  plan  to  transition,  train,  or
 retrain  employees  that are impacted by projects undertaken pursuant to
 this act, or the study provided in section three of this act. This  plan
 S. 3008--B                         228
 
 shall  include a method of allowing displaced and transitioning workers,
 including affected labor organizations, to notify  the  commissioner  of
 the  loss  of  employment, their previous title, and previous wage rates
 including  whether  they  previously  received medical and/or retirement
 benefits. The plan shall require employers to notify the commissioner of
 workers laid off or discharged due to this act.
   (ii) The commissioner of labor shall  create  a  program  pursuant  to
 which,  where  applicable  and feasible, newly created job opportunities
 shall be offered to a pool of transitioning workers who have lost  their
 employment  or  will  be  losing  their  employment in the energy sector
 through projects undertaken pursuant to this act, or the study  provided
 in  section  three  of this act. Such program shall include a method for
 the commissioner of labor to communicate names and  contact  information
 for  displaced or transitioning workers to public entities that may have
 job opportunities for such workers every 90 days.
   (e) Notwithstanding any provision of law to the contrary,  all  rights
 or   benefits,   including  terms  and  conditions  of  employment,  and
 protection of civil service and  collective  bargaining  status  of  all
 existing public employees and the work jurisdiction, covered job titles,
 and  work assignments, set forth in the civil service law and collective
 bargaining  agreements  with  labor  organizations  representing  public
 employees  shall  be  preserved and   protected. Nothing in this section
 shall result in the:  (i) displacement of any currently employed  worker
 or  loss of position (including partial displacement as such a reduction
 in the hours of non-overtime work, wages,  or  employment  benefits)  or
 result  in  the impairment of existing collective bargaining agreements;
 (ii) transfer of existing duties and functions  related  to  maintenance
 and  operations  currently performed by existing employees of authorized
 entities to a contracting entity; or (iii) transfer of future duties and
 functions ordinarily performed by employees of authorized entities to  a
 contracting entity.
   §  6.  The  Long  Island  power authority shall establish a program or
 programs in its service territory consistent with the recommendation  of
 the  study  conducted  pursuant  to  section  three  of  this  act,  the
 provisions of section five of this act, and the objectives of this act.
   § 7. This act shall take effect immediately.
 
                                 PART HHHH
 
   Section 1. Short title.  This act shall be known and may be  cited  as
 the "accountability for development assistance act".
   §  2.  The  executive  law is amended by adding a new section 170-i to
 read as follows:
   § 170-I. ACCOUNTABILITY IN ECONOMIC DEVELOPMENT ASSISTANCE PROVIDED BY
 THE STATE.  1. DEFINITIONS.  AS USED IN THIS SECTION:
   (A) "BASE YEARS" MEANS THE FIRST TWO COMPLETE CALENDAR YEARS FOLLOWING
 THE EFFECTIVE DATE OF A RECIPIENT RECEIVING DEVELOPMENT ASSISTANCE.
   (B) "DATE OF ASSISTANCE" MEANS THE COMMENCEMENT DATE OF  THE  DEVELOP-
 MENT  ASSISTANCE  AGREEMENT, WHICH DATE TRIGGERS THE PERIOD DURING WHICH
 THE RECIPIENT IS OBLIGATED TO CREATE OR RETAIN JOBS AND  CONTINUE  OPER-
 ATIONS AT THE SPECIFIC PROJECT SITE.
   (C)  "DEVELOPMENT  ASSISTANCE"  OR  "ECONOMIC  DEVELOPMENT ASSISTANCE"
 MEANS ECONOMIC DEVELOPMENT BENEFITS AS SUCH TERM IS DEFINED  IN  SECTION
 FIFTY-EIGHT  OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, OR
 ANY PORTION THEREOF, PROVIDED HOWEVER, THAT FOR  THE  PURPOSES  OF  THIS
 SECTION  SUCH  TERM  SHALL  INCLUDE  ANY  ECONOMIC  DEVELOPMENT BENEFITS
 S. 3008--B                         229
 
 PROVIDED BY A STATE OR LOCAL AUTHORITY AS  SUCH  TERMS  ARE  DEFINED  IN
 SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
   (D)  "FULL-TIME,  PERMANENT JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE
 WORKS FOR THE RECIPIENT AT A RATE OF  AT  LEAST  THIRTY-FIVE  HOURS  PER
 WEEK.
   (E)  "NEW  EMPLOYEE" MEANS A FULL-TIME, PERMANENT EMPLOYEE WHO REPRES-
 ENTS A NET INCREASE IN THE NUMBER OF THE  RECIPIENT'S  EMPLOYEES  STATE-
 WIDE. "NEW EMPLOYEE" MAY INCLUDE AN EMPLOYEE WHO PREVIOUSLY FILLED A NEW
 EMPLOYEE POSITION WITH THE RECIPIENT WHO WAS REHIRED OR CALLED BACK FROM
 A LAYOFF THAT OCCURS DURING OR FOLLOWING THE BASE YEARS.
   THE TERM "NEW EMPLOYEE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
   (1) AN EMPLOYEE OF THE RECIPIENT WHO PERFORMS A JOB THAT WAS PREVIOUS-
 LY  PERFORMED  BY ANOTHER EMPLOYEE IN THIS STATE, IF THAT JOB EXISTED IN
 THIS STATE FOR AT LEAST SIX MONTHS BEFORE HIRING THE EMPLOYEE.
   (2) A CHILD, GRANDCHILD, PARENT, OR SPOUSE, OTHER THAN A SPOUSE WHO IS
 LEGALLY SEPARATED FROM THE INDIVIDUAL,  OF  ANY  INDIVIDUAL  WHO  HAS  A
 DIRECT  OR  INDIRECT  OWNERSHIP INTEREST OF AT LEAST FIVE PERCENT IN THE
 PROFITS, CAPITAL, OR VALUE OF ANY MEMBER OF THE RECIPIENT.
   (F) "PART-TIME JOB" MEANS A JOB IN WHICH THE NEW  EMPLOYEE  WORKS  FOR
 THE RECIPIENT AT A RATE OF LESS THAN THIRTY-FIVE HOURS PER WEEK.
   (G)  "RECIPIENT"  MEANS  ANY ENTITY THAT RECEIVES ECONOMIC DEVELOPMENT
 ASSISTANCE.
   (H) "RETAINED EMPLOYEE" MEANS ANY EMPLOYEE DEFINED AS HAVING  A  FULL-
 TIME  OR  FULL-TIME  EQUIVALENT  JOB PRESERVED AT A SPECIFIC FACILITY OR
 SITE, THE CONTINUANCE OF WHICH IS THREATENED BY A  SPECIFIC  AND  DEMON-
 STRABLE THREAT, WHICH SHALL BE SPECIFIED IN THE APPLICATION FOR DEVELOP-
 MENT ASSISTANCE.
   (I)  "SPECIFIC  PROJECT  SITE" MEANS THAT DISTINCT OPERATIONAL UNIT TO
 WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
   (J) "GRANTING ENTITY" OR "GRANTING BODY" MEANS THE DEPARTMENT  OR  ANY
 OTHER STATE DEPARTMENT OR STATE AGENCY THAT PROVIDES DEVELOPMENT ASSIST-
 ANCE.
   (K) "TEMPORARY JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE IS HIRED FOR
 A SPECIFIC DURATION OF TIME OR SEASON.
   (L) "VALUE OF ASSISTANCE" MEANS THE FACE VALUE OF ANY FORM OF DEVELOP-
 MENT ASSISTANCE.
   2.  STANDARDIZED  APPLICATIONS  FOR STATE ECONOMIC DEVELOPMENT ASSIST-
 ANCE.  (A) ALL FINAL APPLICATIONS SUBMITTED TO  THE  DEPARTMENT  OR  ANY
 STATE  ENTITY  REQUESTING  DEVELOPMENT  ASSISTANCE  SHALL BE REQUIRED TO
 CONTAIN, AT A MINIMUM:
   (1) AN APPLICATION TRACKING NUMBER THAT IS SPECIFIC TO BOTH THE GRANT-
 ING ENTITY AND TO EACH APPLICATION.
   (2) THE OFFICE MAILING ADDRESS, OFFICE  TELEPHONE  NUMBER,  AND  CHIEF
 OFFICER OF THE GRANTING BODY.
   (3)  THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
 CHIEF OFFICER OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR  THE  SPECIFIC
 PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS REQUESTED.
   (4)  THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
 SITE ON THE DATE THAT THE APPLICATION IS SUBMITTED TO THE GRANTING ENTI-
 TY, INCLUDING THE NUMBER OF FULL-TIME, PERMANENT  JOBS,  THE  NUMBER  OF
 PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
   (5)  THE  TYPE OF ECONOMIC DEVELOPMENT ASSISTANCE AND VALUE OF ASSIST-
 ANCE BEING REQUESTED.
   (6) THE NUMBER OF JOBS TO BE CREATED AND RETAINED OR BOTH CREATED  AND
 RETAINED  BY  THE  APPLICANT  AS A RESULT OF THE DEVELOPMENT ASSISTANCE,
 S. 3008--B                         230
 
 INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER  OF  PART-
 TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
   (7)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
 NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
 PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
 HIRES AND THE ANTICIPATED AVERAGE WAGE BY OCCUPATION OR JOB  CLASSIFICA-
 TION  AND  TOTAL  PAYROLL  TO  BE CREATED AS A RESULT OF THE DEVELOPMENT
 ASSISTANCE.
   (8) A LIST OF ALL OTHER  FORMS  OF  DEVELOPMENT  ASSISTANCE  THAT  THE
 APPLICANT  IS  REQUESTING  FOR THE SPECIFIC PROJECT SITE AND THE NAME OF
 EACH GRANTING ENTITY FROM WHICH THAT  DEVELOPMENT  ASSISTANCE  IS  BEING
 REQUESTED.
   (9)  A NARRATIVE, IF NECESSARY, DESCRIBING WHY THE DEVELOPMENT ASSIST-
 ANCE IS NEEDED AND HOW THE APPLICANT'S USE OF THE DEVELOPMENT ASSISTANCE
 MAY REDUCE EMPLOYMENT AT ANY SITE IN NEW YORK.
   (10) A CERTIFICATION BY THE CHIEF OFFICER  OF  THE  APPLICANT  OR  THE
 CHIEF  OFFICER'S  AUTHORIZED  DESIGNEE THAT THE INFORMATION CONTAINED IN
 THE APPLICATION SUBMITTED TO  THE  GRANTING  BODY  CONTAINS  NO  KNOWING
 MISREPRESENTATION  OF MATERIAL FACTS UPON WHICH ELIGIBILITY FOR DEVELOP-
 MENT ASSISTANCE IS BASED.
   (B) EVERY GRANTING BODY EITHER SHALL COMPLETE, OR  SHALL  REQUIRE  THE
 APPLICANT  TO  COMPLETE,  AN  APPLICATION  FORM  THAT  MEETS THE MINIMUM
 REQUIREMENTS AS PRESCRIBED  IN  THIS  SECTION  EACH  TIME  AN  APPLICANT
 APPLIES FOR DEVELOPMENT ASSISTANCE COVERED BY THIS SECTION.
   (C)  THE  DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY ANY STANDARD-
 IZED APPLICATION FOR STATE DEVELOPMENT ASSISTANCE REQUIRED  UNDER  PARA-
 GRAPH  (A)  OF  THIS SUBDIVISION FOR ANY GRANTS THAT ARE NOT GIVEN AS AN
 INCENTIVE TO A RECIPIENT BUSINESS ORGANIZATION.
   (D) FOR EACH DEVELOPMENT ASSISTANCE  AGREEMENT,  THE  RECIPIENT  SHALL
 ANNUALLY  SUBMIT  TO  THE  GRANTING  ENTITY A PROGRESS REPORT THAT SHALL
 INCLUDE ALL UPDATE INFORMATION COMPLETION OF THE CONTRACTUAL OBLIGATIONS
 OF THE RECIPIENT AS PROVIDED IN THE DEVELOPMENT ASSISTANCE AGREEMENT.
   (E) IF A RECIPIENT OF DEVELOPMENT  ASSISTANCE  FAILS  TO  COMPLY  WITH
 PARAGRAPH  (D)  OF THIS SUBDIVISION, THE DEPARTMENT SHALL, WITHIN TWENTY
 WORKING DAYS AFTER THE REPORTING SUBMITTAL DEADLINES SET FORTH  IN  SUCH
 PARAGRAPH  (D),  SUSPEND  WITHIN  THIRTY-THREE  WORKING DAYS ANY CURRENT
 DEVELOPMENT ASSISTANCE TO SUCH RECIPIENT UNDER ITS CONTROL, AND SHALL BE
 PROHIBITED FROM COMPLETING ANY CURRENT OR PROVIDING ANY FUTURE  DEVELOP-
 MENT  ASSISTANCE  UNTIL  IT  RECEIVES PROOF THAT SUCH RECIPIENT HAS COME
 INTO COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (D) OF THIS  SUBDIVI-
 SION.
   (F) THE DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY THE INFORMATION
 REQUIRED  IN  THE  PROGRESS  REPORT REQUIRED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION CONSISTENT WITH THE DISCLOSURE PURPOSE OF  THIS  SUBDIVISION
 FOR  ANY  GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO A RECIPIENT BUSI-
 NESS ORGANIZATION.
   (G) THE GRANTING ENTITY,  OR  A  SUCCESSOR  AGENCY,  SHALL  HAVE  FULL
 AUTHORITY TO VERIFY INFORMATION CONTAINED IN THE RECIPIENT'S APPLICATION
 AND  PROGRESS  REPORT,  INCLUDING  THE AUTHORITY TO INSPECT THE SPECIFIC
 PROJECT SITE AND INSPECT THE RECORDS OF THE RECIPIENT THAT  ARE  SUBJECT
 TO THE DEVELOPMENT ASSISTANCE AGREEMENT.
   3.  RECAPTURE.    (A)  ALL  DEVELOPMENT  ASSISTANCE  AGREEMENTS  SHALL
 CONTAIN, AT A MINIMUM, THE FOLLOWING PROVISIONS:
   (1) THE RECIPIENT SHALL:
   (I) MAKE THE LEVEL OF CAPITAL INVESTMENT IN THE  ECONOMIC  DEVELOPMENT
 PROJECT SPECIFIED IN THE DEVELOPMENT ASSISTANCE AGREEMENT; AND
 S. 3008--B                         231
 
   (II)  CREATE  OR RETAIN, OR BOTH, THE REQUISITE NUMBER OF JOBS, PAYING
 NOT LESS THAN SPECIFIED WAGES FOR THE CREATED AND RETAINED JOBS,  WITHIN
 AND  FOR  THE  DURATION  OF THE TIME PERIOD SPECIFIED IN THE DEVELOPMENT
 ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT.
   (2) IF THE RECIPIENT FAILS TO CREATE OR RETAIN THE REQUISITE NUMBER OF
 JOBS  WITHIN  AND  FOR  THE  TIME  PERIOD  SPECIFIED, IN THE DEVELOPMENT
 ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT, THE RECIP-
 IENT SHALL BE DEEMED TO NO LONGER QUALIFY FOR THE STATE ECONOMIC ASSIST-
 ANCE AND THE RECIPIENT SHALL:
   (I) BE REQUIRED TO PAY TO THE STATE THE FULL AMOUNT OF THE  STATE  TAX
 EXEMPTION THAT IT RECEIVED;
   (II)  WHERE  THE  RECIPIENT  RECEIVES A GRANT OR LOAN, BE REQUIRED  TO
 REPAY TO THE STATE A PRO RATA AMOUNT OF THE  GRANT  OR  LOAN,  AND  SUCH
 AMOUNT  SHALL  REFLECT  THE  PERCENTAGE    OF THE DEFICIENCY BETWEEN THE
 REQUISITE NUMBER OF JOBS TO BE CREATED OR RETAINED BY THE RECIPIENT  AND
 THE  ACTUAL  NUMBER OF SUCH JOBS IN EXISTENCE AS OF THE DATE THE DEPART-
 MENT DETERMINES THE RECIPIENT IS  IN  BREACH  OF  THE  JOB  CREATION  OR
 RETENTION  COVENANTS  CONTAINED IN THE DEVELOPMENT ASSISTANCE AGREEMENT,
 PROVIDED HOWEVER, IF THE RECIPIENT CEASES  OPERATIONS  AT  THE  RELEVANT
 PROJECT  SITE WITHIN FIVE YEARS OF THE DATE OF ASSISTANCE, THE RECIPIENT
 SHALL BE REQUIRED TO REPAY THE ENTIRE AMOUNT OF THE GRANT OR TO ACCELER-
 ATE REPAYMENT  OF THE LOAN BACK TO THE STATE; AND
   (III) WHERE THE RECIPIENT  RECEIVES  A  TAX  CREDIT,  THE  DEVELOPMENT
 ASSISTANCE  AGREEMENT  SHALL  PROVIDE  THAT  (A) IF THE NUMBER OF NEW OR
 RETAINED EMPLOYEES FALLS BELOW THE REQUISITE NUMBER  SET  FORTH  IN  THE
 DEVELOPMENT  ASSISTANCE  AGREEMENT, THE ALLOWANCE OF THE CREDIT SHALL BE
 AUTOMATICALLY SUSPENDED UNTIL THE NUMBER OF NEW AND  RETAINED  EMPLOYEES
 EQUALS  OR  EXCEEDS  THE  REQUISITE NUMBER IN THE DEVELOPMENT ASSISTANCE
 AGREEMENT; (B) IF THE RECIPIENT DISCONTINUES OPERATIONS AT THE  SPECIFIC
 PROJECT  SITE DURING THE FIRST FIVE YEARS OF THE TERM OF THE DEVELOPMENT
 ASSISTANCE AGREEMENT, THE RECIPIENT SHALL FORFEIT ALL CREDITS  TAKEN  BY
 THE  RECIPIENT  DURING  SUCH FIVE YEAR PERIOD; AND (C) IN THE EVENT OF A
 REVOCATION OR SUSPENSION OF THE CREDIT, THE GRANTING ENTITY SHALL INITI-
 ATE PROCEEDINGS AGAINST THE RECIPIENT  TO  RECOVER  WRONGFULLY  EXEMPTED
 STATE  INCOME TAXES AND THE RECIPIENT SHALL PROMPTLY REPAY TO THE GRANT-
 ING ENTITY ANY WRONGFULLY EXEMPTED STATE  INCOME  TAXES.  THE  FORFEITED
 AMOUNT  OF  CREDITS  SHALL  BE  DEEMED ASSESSED ON THE DATE THE GRANTING
 ENTITY INITIATES PROCEEDINGS AGAINST SUCH RECIPIENT  AND  THE  RECIPIENT
 SHALL  PROMPTLY  REPAY  TO  THE  GRANTING ENTITY ANY WRONGFULLY EXEMPTED
 STATE INCOME TAXES.
   (B) THE RELEVANT GRANTING ENTITY MAY ELECT TO WAIVE ENFORCEMENT OF ANY
 CONTRACTUAL PROVISION ARISING OUT OF THE DEVELOPMENT  ASSISTANCE  AGREE-
 MENT  REQUIRED  BY  THIS  SECTION  BASED ON A FINDING THAT THE WAIVER IS
 NECESSARY TO AVERT AN IMMINENT AND DEMONSTRABLE HARDSHIP TO THE  RECIPI-
 ENT THAT MAY RESULT IN SUCH RECIPIENT'S INSOLVENCY OR DISCHARGE OF WORK-
 ERS.  IF A WAIVER IS GRANTED, THE RECIPIENT SHALL AGREE TO A CONTRACTUAL
 MODIFICATION, INCLUDING RECAPTURE PROVISIONS, TO THE DEVELOPMENT ASSIST-
 ANCE AGREEMENT.
   4. UNIFIED ECONOMIC DEVELOPMENT REPORT.   FOR EACH STATE  FISCAL  YEAR
 ENDING  ON OR AFTER JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX, THE DEPART-
 MENT OF ECONOMIC DEVELOPMENT SHALL SUBMIT  AN  ANNUAL  UNIFIED  ECONOMIC
 DEVELOPMENT  REPORT  TO  THE  GOVERNOR, SENATE AND ASSEMBLY. THE UNIFIED
 ECONOMIC DEVELOPMENT REPORT SHALL BE DUE WITHIN THREE MONTHS  AFTER  THE
 END  OF  THE  FISCAL  YEAR,  AND  SHALL PRESENT ALL TYPES OF DEVELOPMENT
 ASSISTANCE GRANTED DURING THE PRIOR FISCAL YEAR, INCLUDING THE AGGREGATE
 AMOUNT OF UNCOLLECTED OR DIVERTED STATE TAX REVENUES RESULTING FROM EACH
 S. 3008--B                         232
 
 TYPE OF DEVELOPMENT ASSISTANCE PROVIDED BY EACH AGENCY PURSUANT TO  LAW,
 AS  REPORTED  TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO THIS
 SECTION.
   5.  DEVELOPMENT  ASSISTANCE  DISCLOSURE  TO THE DEPARTMENT OF ECONOMIC
 DEVELOPMENT.  (A) BEGINNING FEBRUARY FIRST,  TWO  THOUSAND  TWENTY-SEVEN
 AND  EACH YEAR THEREAFTER, ANY GRANTING ENTITY THAT PROVIDED DEVELOPMENT
 ASSISTANCE SHALL SUBMIT TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT COPIES
 OF ALL DEVELOPMENT ASSISTANCE AGREEMENTS THAT IT APPROVED IN  THE  PRIOR
 CALENDAR YEAR.
   (B) BY JUNE FIRST, TWO THOUSAND TWENTY-EIGHT AND BY JUNE FIRST OF EACH
 YEAR  THEREAFTER, ANY GRANTING ENTITY WITH AN ACTIVE DEVELOPMENT ASSIST-
 ANCE AGREEMENT SHALL SUBMIT TO THE DEPARTMENT  OF  ECONOMIC  DEVELOPMENT
 COPIES  OF  ALL  PROGRESS  REPORTS COMPILED PURSUANT TO PARAGRAPH (D) OF
 SUBDIVISION TWO OF THIS SECTION.
   (C) THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL COMPILE  AND  PUBLISH
 ALL PROGRESS REPORTS RECEIVED PURSUANT TO THIS SUBDIVISION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law and shall apply to contracts and agreements
 entered into on or after such effective date.    Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through HHHH of this act shall
 be as specifically set forth in the last section of such Parts.