§ 75-m. Variances and exemptions from automated teller machine
security measures. 1. Except in cities having a population of one
million or more, and in accordance with the guidelines set forth in this
article, the superintendent, pursuant to rules and regulations
promulgated by the superintendent, and upon written request of a banking
institution, may approve variances which provide substitute security
measures that are substantially as safe as the requirements of any of
the security measures contained in this article, or exemptions from such
measures, with respect to an automated teller machine facility or
facilities operated by such banking institution;

2. In no event, however, shall the superintendent vary or exempt any
such measures unless he or she shall have received the following items,
in form and substance satisfactory to him or her:

(a) a resolution or declaration of the governing body of the city,
village, or town in which such automated teller machine facility is
located consenting to any such variance or exemption; and

(b) written certification from the banking institution's security
officer, appointed in accordance with federal law, that, in his or her
professional judgment, either the variance will provide security
measures which are substantially as safe as those which are otherwise
required by this article or the exemption is warranted, as applicable;
and

(c) in the event the request for any such variance or exemption is
premised upon the impracticability or burdensome expense that would
result from compliance with the security provisions contained in this
article, and such impracticability or expense is attributable to the
manner in which the building in which such automated teller machine
facility is, or is to be, located, constructed, configured or otherwise
situated, written certification to such effect from an expert with
competence in the areas of renovation and/or design, as may be
appropriate; and

(d) such other evidence or information as the superintendent may, in
his or her sole discretion, deem appropriate or necessary.