Bill Text: NY A03005 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2021-2022 state fiscal year; relates to various criminal justice and public safety programs (Part A); relates to the administration of certain grant funds to and by the office for the prevention of domestic violence (Part B); provides for compliance with executive order two hundred three (Part L); relates to the closure of correctional facilities (Part M); extends the authorization of the recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia (Part P); enacts the "New York Medical Supplies Act" (Part BB); relates to bonds, notes, and revenues (Part RR); relates to the procurement process and procurement contracts (Part SS); provides for compensation, benefits and other terms and conditions of employment of members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof (Part VV); authorizes an exemption for class one capital improvements to residential buildings and certain new construction in a special assessing unit that is not a city (Part WW); relates to funding of local government entities by the urban development corporation, and to the effectiveness of such provisions related to certain local governments (Part XX); extends the authorization of provisions regarding procurements by the New York city transit authority and metropolitan transportation authority (Part YY); establishes a deer hunting pilot program (Part ZZ); authorizes the grant of certain easements to Alle-Catt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest (Part AAA); makes technical amendments related to the office of renewable energy siting; establishes the farmland protection working group (Part BBB); relates to infrastructure projects relating to clean vehicle projects (Part CCC); relates to the clean energy resources development and incentives program (Part DDD).
Spectrum: Committee Bill
Status: (Passed) 2021-04-19 - signed chap.55 [A03005 Detail]
Download: New_York-2021-A03005-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 2505--C A. 3005--C SENATE - ASSEMBLY January 20, 2021 ___________ 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 -- 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 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 -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relat- ing to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness there- of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12570-05-1S. 2505--C 2 A. 3005--C laws relating to the incarceration fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law, relating to merging the department of correctional services and division of parole into the department of corrections and community supervision, in relation to the effectiveness thereof; to amend chap- ter 55 of the laws of 1992, amending the tax law and other laws relat- ing to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the manda- tory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expi- ration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001 amending the mili- tary law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing theS. 2505--C 3 A. 3005--C crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 55 of the laws of 2018, amending the criminal procedure law relating to the pre-criminal proceeding settlements in the City of New York, in relation to the effectiveness thereof (Part A); to amend the executive law, in relation to the administration of certain grant funds to and by the office for the prevention of domestic violence (Part B); intentionally omitted (Part C); intentionally omitted (Part D); intentionally omit- ted (Part E); intentionally omitted (Part F); Intentionally omitted (Part G); intentionally omitted (Part H); intentionally omitted (Part I); intentionally omitted (Part J); intentionally omitted (Part K); to amend the executive law, in relation to monitoring compliance with executive order two hundred three; and providing for the repeal of such provisions upon expiration thereof (Part L); in relation to the closure of correctional facilities; and providing for the repeal of such provisions upon the expiration thereof (Part M); intentionally omitted (Part N); intentionally omitted (Part O); to amend chapter 268 of the laws of 1996, amending the education law and the state finance law relating to providing a recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, in relation to the effectiveness of such chapter (Part P); intentionally omitted (Part Q); intentionally omitted (Part R); intentionally omit- ted (Part S); intentionally omitted (Part T); intentionally omitted (Part U); intentionally omitted (Part V); intentionally omitted (Part W); intentionally omitted (Part X); intentionally omitted (Part Y); intentionally omitted (Part Z); intentionally omitted (Part AA); to amend the state finance law and the public authorities law, in relation to enacting the "New York medical supplies act" (Part BB); intentionally omitted (Part CC); intentionally omitted (Part DD); intentionally omitted (Part EE); intentionally omitted (Part FF); intentionally omitted (Part GG); intentionally omitted (Part HH); intentionally omitted (Part II); intentionally omitted (Part JJ); to amend the state finance law, in relation to video lottery terminal aid (Part KK); intentionally omitted (Part LL); intentionally omitted (Part MM); intentionally omitted (Part NN); intentionally omitted (Part OO); intentionally omitted (Part PP); intentionally omitted (Part QQ); to amend chapter 83 of the laws of 1995 amending the state finance law and other laws relating to bonds, notes and revenues, in relation to the effectiveness of certain provisions thereof (Part RR); to amend chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to the effective- ness thereof (Part SS); intentionally omitted (Part TT); intentionally omitted (Part UU); to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; to amend the state finance law, in relation to the employee benefit fund for certain members of the agency police services unit; to implement an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; making an appropriation for the purpose of effectuating certain provisions ther- eof; and to repeal certain provisions of the civil service law relat- ing thereto (Part VV); to amend the real property tax law, in relation to authorizing an exemption for class one capital improvements to residential buildings and certain new construction in a specialS. 2505--C 4 A. 3005--C assessing unit that is not a city; and providing for the repeal of such provisions upon the expiration thereof (Part WW); to amend subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts, in relation to funding to local government entities from the urban devel- opment corporation, and in relation to the effectiveness thereof (Part XX); to amend part OO of chapter 54 of the laws of 2016, amending the public authorities law relating to procurements by the New York city transit authority and the metropolitan transportation authority, in relation to the effectiveness thereof (Part YY); to amend the envi- ronmental conservation law, in relation to establishing a deer hunting pilot program; and providing for the repeal of such provisions upon expiration thereof (Part ZZ); to authorize the grant of certain ease- ments to Alle-Catt Wind Energy LLC on a portion of real property with- in the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest in the county of Allegany; and providing for the repeal of such provisions upon the expiration thereof (Part AAA); to amend the environmental conservation law and the executive law, in relation to making technical amendments related to the office of renewable energy siting, and in relation to establishing the farmland protection working group (Part BBB); to amend the environmental conservation law, in relation to clean vehicle projects (Part CCC); and to amend the public authorities law, in relation to the clean energy resources development and incentives program; and providing for the repeal of such provisions upon expiration thereof (Part DDD) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state public protection and general govern- 3 ment budget for the 2021-2022 state fiscal year. Each component is whol- 4 ly contained within a Part identified as Parts A through DDD. The effec- 5 tive date for each particular provision contained within such Part is 6 set forth in the last section of such Part. Any provision in any section 7 contained within a Part, including the effective date of the Part, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Part in which it is found. Section three of 11 this act sets forth the general effective date of this act. 12 PART A 13 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 14 correction law relating to the psychological testing of candidates, as 15 amended by section 1 of part A of chapter 55 of the laws of 2020, is 16 amended to read as follows: 17 § 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law and shall remain in effect until September 1, 19 [2021] 2023. 20 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 21 tive law and the criminal procedure law relating to expanding the 22 geographic area of employment of certain police officers, as amended by 23 section 2 of part A of chapter 55 of the laws of 2020, is amended to 24 read as follows:S. 2505--C 5 A. 3005--C 1 § 3. This act shall take effect on the first day of November next 2 succeeding the date on which it shall have become a law, and shall 3 remain in effect until the first day of September, [2021] 2023, when it 4 shall expire and be deemed repealed. 5 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 6 correction law and the penal law relating to prisoner furloughs in 7 certain cases and the crime of absconding therefrom, as amended by 8 section 3 of part A of chapter 55 of the laws of 2020, is amended to 9 read as follows: 10 § 3. This act shall take effect 60 days after it shall have become a 11 law and shall remain in effect until September 1, [2021] 2023. 12 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 13 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 14 other chapters and laws relating to correctional facilities, as amended 15 by section 4 of part A of chapter 55 of the laws of 2020, is amended to 16 read as follows: 17 § 20. This act shall take effect immediately except that section thir- 18 teen of this act shall expire and be of no further force or effect on 19 and after September 1, [2021] 2023 and shall not apply to persons 20 committed to the custody of the department after such date, and provided 21 further that the commissioner of corrections and community supervision 22 shall report each January first and July first during such time as the 23 earned eligibility program is in effect, to the chairmen of the senate 24 crime victims, crime and correction committee, the senate codes commit- 25 tee, the assembly correction committee, and the assembly codes commit- 26 tee, the standards in effect for earned eligibility during the prior 27 six-month period, the number of inmates subject to the provisions of 28 earned eligibility, the number who actually received certificates of 29 earned eligibility during that period of time, the number of inmates 30 with certificates who are granted parole upon their first consideration 31 for parole, the number with certificates who are denied parole upon 32 their first consideration, and the number of individuals granted and 33 denied parole who did not have earned eligibility certificates. 34 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 35 amending the tax law and other laws relating to taxes, surcharges, fees 36 and funding, as amended by section 5 of part A of chapter 55 of the laws 37 of 2020, is amended to read as follows: 38 (q) the provisions of section two hundred eighty-four of this act 39 shall remain in effect until September 1, [2021] 2023 and be applicable 40 to all persons entering the program on or before August 31, [2021] 2023. 41 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 42 correction law and the penal law relating to inmate work release, 43 furlough and leave, as amended by section 6 of part A of chapter 55 of 44 the laws of 2020, is amended to read as follows: 45 § 10. This act shall take effect 30 days after it shall have become a 46 law and shall remain in effect until September 1, [2021] 2023, and 47 provided further that the commissioner of correctional services shall 48 report each January first, and July first, to the chairman of the senate 49 crime victims, crime and correction committee, the senate codes commit- 50 tee, the assembly correction committee, and the assembly codes commit- 51 tee, the number of eligible inmates in each facility under the custody 52 and control of the commissioner who have applied for participation in 53 any program offered under the provisions of work release, furlough, or 54 leave, and the number of such inmates who have been approved for partic- 55 ipation.S. 2505--C 6 A. 3005--C 1 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994, 2 relating to certain provisions which impact upon expenditure of certain 3 appropriations made by chapter 50 of the laws of 1994, enacting the 4 state operations budget, as amended by section 7 of part A of chapter 55 5 of the laws of 2020, is amended to read as follows: 6 (c) sections forty-one and forty-two of this act shall expire Septem- 7 ber 1, [2021] 2023; provided, that the provisions of section forty-two 8 of this act shall apply to inmates entering the work release program on 9 or after such effective date; and 10 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, 11 amending the correction law and other laws relating to the incarceration 12 fee, as amended by section 8 of part A of chapter 55 of the laws of 13 2020, is amended to read as follows: 14 h. Section fifty-two of this act shall be deemed to have been in full 15 force and effect on and after April 1, 1995; provided, however, that the 16 provisions of section 189 of the correction law, as amended by section 17 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 18 as amended by section fifty-six of this act, and section fifty-seven of 19 this act shall expire September 1, [2021] 2023, when upon such date the 20 amendments to the correction law and penal law made by sections fifty- 21 five and fifty-six of this act shall revert to and be read as if the 22 provisions of this act had not been enacted; provided, however, that 23 sections sixty-two, sixty-three and sixty-four of this act shall be 24 deemed to have been in full force and effect on and after March 1, 1995 25 and shall be deemed repealed April 1, 1996 and upon such date the 26 provisions of subsection (e) of section 9110 of the insurance law and 27 subdivision 2 of section 89-d of the state finance law shall revert to 28 and be read as set out in law on the date immediately preceding the 29 effective date of sections sixty-two and sixty-three of this act; 30 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 31 62 of the laws of 2011, amending the correction law and the executive 32 law relating to merging the department of correctional services and 33 division of parole into the department of corrections and community 34 supervision, as amended by section 9 of part A of chapter 55 of the laws 35 of 2020, is amended to read as follows: 36 (c) that the amendments to subdivision 9 of section 201 of the 37 correction law as added by section thirty-two of this act shall remain 38 in effect until September 1, [2021] 2023, when it shall expire and be 39 deemed repealed; 40 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 41 1992, amending the tax law and other laws relating to taxes, surcharges, 42 fees and funding, as amended by section 10 of part A of chapter 55 of 43 the laws of 2020, is amended to read as follows: 44 (aa) the provisions of sections three hundred eighty-two, three 45 hundred eighty-three and three hundred eighty-four of this act shall 46 expire on September 1, [2021] 2023; 47 § 11. Section 12 of chapter 907 of the laws of 1984, amending the 48 correction law, the New York city criminal court act and the executive 49 law relating to prison and jail housing and alternatives to detention 50 and incarceration programs, as amended by section 11 of part A of chap- 51 ter 55 of the laws of 2020, is amended to read as follows: 52 § 12. This act shall take effect immediately, except that the 53 provisions of sections one through ten of this act shall remain in full 54 force and effect until September 1, [2021] 2023 on which date those 55 provisions shall be deemed to be repealed.S. 2505--C 7 A. 3005--C 1 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 2 1991, amending the tax law and other laws relating to taxes, as amended 3 by section 12 of part A of chapter 55 of the laws of 2020, is amended to 4 read as follows: 5 (p) The amendments to section 1809 of the vehicle and traffic law made 6 by sections three hundred thirty-seven and three hundred thirty-eight of 7 this act shall not apply to any offense committed prior to such effec- 8 tive date; provided, further, that section three hundred forty-one of 9 this act shall take effect immediately and shall expire November 1, 1993 10 at which time it shall be deemed repealed; sections three hundred 11 forty-five and three hundred forty-six of this act shall take effect 12 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 13 six, three hundred fifty-seven and three hundred fifty-nine of this act 14 shall take effect immediately and shall expire June 30, 1995 and shall 15 revert to and be read as if this act had not been enacted; section three 16 hundred fifty-eight of this act shall take effect immediately and shall 17 expire June 30, 1998 and shall revert to and be read as if this act had 18 not been enacted; section three hundred sixty-four through three hundred 19 sixty-seven of this act shall apply to claims filed on or after such 20 effective date; sections three hundred sixty-nine, three hundred seven- 21 ty-two, three hundred seventy-three, three hundred seventy-four, three 22 hundred seventy-five and three hundred seventy-six of this act shall 23 remain in effect until September 1, [2021] 2023, at which time they 24 shall be deemed repealed; provided, however, that the mandatory 25 surcharge provided in section three hundred seventy-four of this act 26 shall apply to parking violations occurring on or after said effective 27 date; and provided further that the amendments made to section 235 of 28 the vehicle and traffic law by section three hundred seventy-two of this 29 act, the amendments made to section 1809 of the vehicle and traffic law 30 by sections three hundred thirty-seven and three hundred thirty-eight of 31 this act and the amendments made to section 215-a of the labor law by 32 section three hundred seventy-five of this act shall expire on September 33 1, [2021] 2023 and upon such date the provisions of such subdivisions 34 and sections shall revert to and be read as if the provisions of this 35 act had not been enacted; the amendments to subdivisions 2 and 3 of 36 section 400.05 of the penal law made by sections three hundred seventy- 37 seven and three hundred seventy-eight of this act shall expire on July 38 1, 1992 and upon such date the provisions of such subdivisions shall 39 revert and shall be read as if the provisions of this act had not been 40 enacted; the state board of law examiners shall take such action as is 41 necessary to assure that all applicants for examination for admission to 42 practice as an attorney and counsellor at law shall pay the increased 43 examination fee provided for by the amendment made to section 465 of the 44 judiciary law by section three hundred eighty of this act for any exam- 45 ination given on or after the effective date of this act notwithstanding 46 that an applicant for such examination may have prepaid a lesser fee for 47 such examination as required by the provisions of such section 465 as of 48 the date prior to the effective date of this act; the provisions of 49 section 306-a of the civil practice law and rules as added by section 50 three hundred eighty-one of this act shall apply to all actions pending 51 on or commenced on or after September 1, 1991, provided, however, that 52 for the purposes of this section service of such summons made prior to 53 such date shall be deemed to have been completed on September 1, 1991; 54 the provisions of section three hundred eighty-three of this act shall 55 apply to all money deposited in connection with a cash bail or a 56 partially secured bail bond on or after such effective date; and theS. 2505--C 8 A. 3005--C 1 provisions of sections three hundred eighty-four and three hundred 2 eighty-five of this act shall apply only to jury service commenced 3 during a judicial term beginning on or after the effective date of this 4 act; provided, however, that nothing contained herein shall be deemed to 5 affect the application, qualification, expiration or repeal of any 6 provision of law amended by any section of this act and such provisions 7 shall be applied or qualified or shall expire or be deemed repealed in 8 the same manner, to the same extent and on the same date as the case may 9 be as otherwise provided by law; 10 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as 11 amended by section 13 of part A of chapter 55 of the laws of 2020, is 12 amended to read as follows: 13 8. The provisions of this section shall only apply to offenses commit- 14 ted on or before September first, two thousand [twenty-one] 15 twenty-three. 16 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 17 cle and traffic law relating to the ignition interlock device program, 18 as amended by section 14 of part A of chapter 55 of the laws of 2020, is 19 amended to read as follows: 20 § 6. This act shall take effect on the first day of April next 21 succeeding the date on which it shall have become a law; provided, 22 however, that effective immediately, the addition, amendment or repeal 23 of any rule or regulation necessary for the implementation of the fore- 24 going sections of this act on their effective date is authorized and 25 directed to be made and completed on or before such effective date and 26 shall remain in full force and effect until the first day of September, 27 [2021] 2023 when upon such date the provisions of this act shall be 28 deemed repealed. 29 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 30 laws of 1997, amending the military law and other laws relating to vari- 31 ous provisions, as amended by section 15 of part A of chapter 55 of the 32 laws of 2020, is amended to read as follows: 33 a. sections forty-three through forty-five of this act shall expire 34 and be deemed repealed on September 1, [2021] 2023; 35 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending 36 the civil practice law and rules and the court of claims act relating to 37 prisoner litigation reform, as amended by section 16 of part A of chap- 38 ter 55 of the laws of 2020, is amended to read as follows: 39 § 4. This act shall take effect 120 days after it shall have become a 40 law and shall remain in full force and effect until September 1, [2021] 41 2023, when upon such date it shall expire. 42 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 43 constituting the family protection and domestic violence intervention 44 act of 1994, as amended by section 17 of part A of chapter 55 of the 45 laws of 2020, is amended to read as follows: 46 2. Subdivision 4 of section 140.10 of the criminal procedure law as 47 added by section thirty-two of this act shall take effect January 1, 48 1996 and shall expire and be deemed repealed on September 1, [2021] 49 2023. 50 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- 51 inal procedure law relating to the use of closed-circuit television and 52 other protective measures for certain child witnesses, as amended by 53 section 18 of part A of chapter 55 of the laws of 2020, is amended to 54 read as follows: 55 § 5. This act shall take effect immediately and shall apply to all 56 criminal actions and proceedings commenced prior to the effective dateS. 2505--C 9 A. 3005--C 1 of this act but still pending on such date as well as all criminal 2 actions and proceedings commenced on or after such effective date and 3 its provisions shall expire on September 1, [2021] 2023, when upon such 4 date the provisions of this act shall be deemed repealed. 5 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, 6 enacting the sentencing reform act of 1995, as amended by section 19 of 7 part A of chapter 55 of the laws of 2020, is amended to read as follows: 8 d. Sections one-a through twenty, twenty-four through twenty-eight, 9 thirty through thirty-nine, forty-two and forty-four of this act shall 10 be deemed repealed on September 1, [2021] 2023; 11 § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim- 12 inal procedure law relating to electronic court appearance in certain 13 counties, as amended by section 20 of part A of chapter 55 of the laws 14 of 2020, is amended to read as follows: 15 § 2. This act shall take effect immediately, except that the 16 provisions of this act shall be deemed to have been in full force and 17 effect since July 1, 1992 and the provisions of this act shall expire 18 September 1, [2021] 2023 when upon such date the provisions of this act 19 shall be deemed repealed. 20 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- 21 utive law relating to enacting the interstate compact for adult offender 22 supervision, as amended by section 21 of part A of chapter 55 of the 23 laws of 2020, is amended to read as follows: 24 § 3. This act shall take effect immediately, except that section one 25 of this act shall take effect on the first of January next succeeding 26 the date on which it shall have become a law, and shall remain in effect 27 until the first of September, [2021] 2023, upon which date this act 28 shall be deemed repealed and have no further force and effect; provided 29 that section one of this act shall only take effect with respect to any 30 compacting state which has enacted an interstate compact entitled 31 "Interstate compact for adult offender supervision" and having an iden- 32 tical effect to that added by section one of this act and provided 33 further that with respect to any such compacting state, upon the effec- 34 tive date of section one of this act, section 259-m of the executive law 35 is hereby deemed REPEALED and section 259-mm of the executive law, as 36 added by section one of this act, shall take effect; and provided 37 further that with respect to any state which has not enacted an inter- 38 state compact entitled "Interstate compact for adult offender super- 39 vision" and having an identical effect to that added by section one of 40 this act, section 259-m of the executive law shall take effect and the 41 provisions of section one of this act, with respect to any such state, 42 shall have no force or effect until such time as such state shall adopt 43 an interstate compact entitled "Interstate compact for adult offender 44 supervision" and having an identical effect to that added by section one 45 of this act in which case, with respect to such state, effective imme- 46 diately, section 259-m of the executive law is deemed repealed and 47 section 259-mm of the executive law, as added by section one of this 48 act, shall take effect. 49 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending 50 the correction law relating to limiting the closing of certain correc- 51 tional facilities, providing for the custody by the department of 52 correctional services of inmates serving definite sentences, providing 53 for custody of federal prisoners and requiring the closing of certain 54 correctional facilities, as amended by section 22 of part A of chapter 55 55 of the laws of 2020, is amended to read as follows:S. 2505--C 10 A. 3005--C 1 § 8. This act shall take effect immediately; provided, however that 2 sections five and six of this act shall expire and be deemed repealed 3 September 1, [2021] 2023. 4 § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending 5 the military law relating to military funds of the organized militia, as 6 amended by section 23 of part A of chapter 55 of the laws of 2020, is 7 amended to read as follows: 8 § 3. This act shall take effect immediately; provided however that the 9 amendments made to subdivision 1 of section 221 of the military law by 10 section two of this act shall expire and be deemed repealed September 1, 11 [2021] 2023. 12 § 24. Section 5 of chapter 554 of the laws of 1986, amending the 13 correction law and the penal law relating to providing for community 14 treatment facilities and establishing the crime of absconding from the 15 community treatment facility, as amended by section 24 of part A of 16 chapter 55 of the laws of 2020, is amended to read as follows: 17 § 5. This act shall take effect immediately and shall remain in full 18 force and effect until September 1, [2021] 2023, and provided further 19 that the commissioner of correctional services shall report each January 20 first and July first during such time as this legislation is in effect, 21 to the chairmen of the senate crime victims, crime and correction 22 committee, the senate codes committee, the assembly correction commit- 23 tee, and the assembly codes committee, the number of individuals who are 24 released to community treatment facilities during the previous six-month 25 period, including the total number for each date at each facility who 26 are not residing within the facility, but who are required to report to 27 the facility on a daily or less frequent basis. 28 § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending 29 the criminal procedure law relating to pre-criminal proceeding settle- 30 ments in the city of New York, as amended by section 25 of part A of 31 chapter 55 of the laws of 2020, is amended to read as follows: 32 § 2. This act shall take effect immediately and shall remain in full 33 force and effect until March 31, [2021] 2023, when it shall expire and 34 be deemed repealed. 35 § 26. This act shall take effect immediately, provided however that 36 section twenty-five of this act shall be deemed to have been in full 37 force and effect on and after March 31, 2021. 38 PART B 39 Section 1. Subdivisions 3, 4 and 5 of section 575 of the executive 40 law, subdivisions 3 and 5 as added by chapter 463 of the laws of 1992, 41 paragraph (e) of subdivision 3 as amended by chapter 368 of the laws of 42 1997, paragraph (l) of subdivision 3 as added by chapter 339 of the laws 43 of 2011, paragraph (m) of subdivision 3 as added, paragraph (n) of 44 subdivision 3 as relettered and paragraph (b) of subdivision 4 as 45 amended by chapter 204 of the laws of 2020 and subdivision 4 as amended 46 by section 1 of part A of chapter 491 of the laws of 2012, are amended 47 to read as follows: 48 3. Activities. In addition, the office shall develop and implement 49 policies and programs designed to assist victims of domestic violence 50 and their families, and to provide education and prevention, training 51 and technical assistance. Such domestic violence-related activities 52 shall include, but not be limited to: 53 (a) Serving as a clearinghouse for information and materials;S. 2505--C 11 A. 3005--C 1 (b) Developing and coordinating community outreach and public educa- 2 tion throughout the state; 3 (c) Developing and delivering training to professionals, including but 4 not limited to professionals in the fields of: 5 (i) domestic violence; 6 (ii) health and mental health; 7 (iii) social and human services; 8 (iv) public education; 9 (v) law enforcement and criminal justice; 10 (vi) alcohol and substance abuse[.]; 11 (d) Developing and promoting school-based prevention programs; 12 (e) Providing technical assistance to state and local government 13 bodies and other agencies and to private not-for-profit corporations, on 14 effective policies and responses to domestic violence, including devel- 15 opment of [a] model domestic violence policies, pursuant to subdivisions 16 seven, eight and nine of this section; 17 (f) Promoting and facilitating interagency cooperation among state 18 agencies and intergovernmental cooperation between different levels of 19 government in the state in the delivery and/or funding of services; 20 (g) Operating as an advocate for domestic violence services and 21 victims; 22 (h) Undertaking program and services needs assessments on its own 23 initiative or at the request of the governor, the legislature or service 24 providers; 25 (i) Examining the relationship between domestic violence and other 26 problems and making recommendations for effective policy response; 27 (j) Collecting data, conducting research, and holding public hearings; 28 (k) Making periodic reports to the governor and the legislature recom- 29 mending policy and program directions and reviewing the activities of 30 the office; 31 (l) Developing and promoting senior center based prevention programs; 32 (m) promoting best practices for abusive partner intervention; 33 (n) Administering grant funds appropriated and made available to 34 support compliance with article one hundred twenty-nine-b of the educa- 35 tion law; and undertaking such actions, duties, and responsibilities as 36 may be necessary to serve the purpose of article one hundred twenty- 37 nine-b of the education law; and 38 (o) Any other activities including the making of and promulgation of 39 rules and regulations deemed necessary to facilitate the prevention of 40 domestic violence within the scope and purview of this article which are 41 not otherwise inconsistent with any other provisions of law. 42 4. Advisory council. (a) An advisory council is hereby established to 43 make recommendations on domestic violence related issues and effective 44 strategies for the prevention of domestic violence, to assist in the 45 development of appropriate policies and priorities for effective inter- 46 vention, public education and advocacy, and to facilitate and assure 47 communication and coordination of efforts among state agencies and 48 between different levels of government, state, federal, and municipal, 49 for the prevention of domestic violence. 50 (b) The advisory council shall consist of nine members and seventeen 51 ex-officio members. Each member shall be appointed to serve for a term 52 of three years and shall continue in office until a successor appointed 53 member is made. A member appointed to fill a vacancy shall be appointed 54 for the unexpired term of the member he or she is to succeed. All of the 55 members shall be individuals with expertise in the area of domestic 56 violence. Three members shall be appointed by the governor, two membersS. 2505--C 12 A. 3005--C 1 shall be appointed upon the recommendation of the temporary president of 2 the senate, two members shall be appointed upon the recommendation of 3 the speaker of the assembly, one member shall be appointed upon the 4 recommendation of the minority leader of the senate, and one member 5 shall be appointed upon the recommendation of the minority leader of the 6 assembly. The ex-officio members of the advisory board shall consist of 7 the director of the office, who shall chair the council, and the follow- 8 ing members or their designees: the commissioner of the office of tempo- 9 rary and disability assistance; the commissioner of the department of 10 health; the commissioner of the education department; the commissioner 11 of the office of mental health; the commissioner of the office of [alco-12holism and substance abuse] addiction services and supports; the commis- 13 sioner of the division of criminal justice services; the superintendent 14 of the division of state police; the director of the office of probation 15 and correctional alternatives; the commissioner of the office of chil- 16 dren and family services; the director of the office of victim services; 17 the chief administrative judge of the office of court administration; 18 the commissioner of the department of labor; the director of the state 19 office for the aging; the commissioner of the department of corrections 20 and community supervision; the commissioner of homes and community 21 renewal; the chief executive officer of the New York state coalition 22 against domestic violence; and the executive director of the New York 23 state coalition against sexual assault. 24 (c) The advisory council shall meet as often as deemed necessary by 25 the chair but in no event less than two times per year. 26 (d) The members of the advisory council shall receive no salary or 27 other compensation for their services but shall be entitled to 28 reimbursement for actual and necessary expenses incurred in the perform- 29 ance of their duties within amounts made available by appropriation 30 therefor subject to the approval of the director of the budget. The 31 ex-officio members of the advisory council shall receive no additional 32 compensation for their services on the advisory council above the salary 33 they receive from the respective departments or divisions that employ 34 them. 35 5. Executive director. (a) The governor shall appoint an executive 36 director of the office who shall serve at the pleasure of the governor. 37 (b) The executive director shall receive an annual salary fixed by the 38 governor within the amounts appropriated specifically therefor and shall 39 be entitled to reimbursement for reasonable expenses incurred in 40 connection with the performance of the director's duties. 41 (c) The director of the office, with the approval of the governor, may 42 accept as agent of the state any grant, including federal grants, or any 43 gift or donation for any of the purposes of this article. Any moneys so 44 received may be expended by the office to effectuate any purpose of this 45 article, subject to the applicable provisions of the state finance law. 46 (d) The executive director shall appoint staff and perform such other 47 functions to ensure the efficient operation of the office. 48 § 2. This act shall take effect immediately. 49 PART C 50 Intentionally Omitted 51 PART D 52 Intentionally OmittedS. 2505--C 13 A. 3005--C 1 PART E 2 Intentionally Omitted 3 PART F 4 Intentionally Omitted 5 PART G 6 Intentionally omitted 7 PART H 8 Intentionally Omitted 9 PART I 10 Intentionally Omitted 11 PART J 12 Intentionally Omitted 13 PART K 14 Intentionally Omitted 15 PART L 16 Section 1. Section 63 of the executive law is amended by adding a new 17 subdivision 17 to read as follows: 18 17. (a) Any local government entity which has a police agency operat- 19 ing with police officers as defined under section 1.20 of the criminal 20 procedure law that fails to transmit to the director of the division of 21 the budget the certification required by executive order number two 22 hundred three issued on June twelfth, two thousand twenty and titled 23 "New York State Police Reform and Reinvention Collaborative" on or 24 before April first, two thousand twenty-one shall, upon request of the 25 governor or the director of the division of the budget, be required to 26 install a monitor, to monitor and report monthly on the operations of 27 such police agency, including but not limited to the monitor's observa- 28 tions about interactions among the community and police agencies in such 29 local government's jurisdiction, until such time that the required 30 certification is submitted to the director of the division of the budg- 31 et. Such monitor shall be appointed by the attorney general, in consul- 32 tation with the governor, at the expense of the police agency or respon- 33 sible local government. Reports of the monitor shall be made public and 34 the monitor shall promptly provide copies to the governor, the attorney 35 general, the commissioner of the division of criminal justice services, 36 the speaker of the assembly and the temporary president of the senate. 37 The attorney general shall promptly post such reports on the department 38 of law website. The certification filed with the director of the divi- 39 sion of the budget must affirm that such local government has complied 40 with the process set forth in executive order number two hundred three 41 by adopting a local law or resolution that includes its plan to adoptS. 2505--C 14 A. 3005--C 1 and implement the recommendations resulting from its review and consul- 2 tation with the community to improve such police force deployments, 3 strategies, policies, procedures, and practices for the purposes of 4 addressing the particular needs of the communities served by such police 5 agency and promote community engagement to foster trust, fairness, and 6 legitimacy, and to address any racial bias and disproportionate policing 7 of communities of color. 8 (b) The appointment of a monitor, pursuant to paragraph (a) of this 9 subdivision, shall be imposed in addition to any withholding of up to 10 fifty percent of any appropriated state or federal funds by the director 11 of the division of the budget in accordance with the authority granted 12 in any appropriations bill enacted for such fiscal years in which such 13 withholding of funds occurs, as directed by executive order number two 14 hundred three. The director of the division of the budget shall discon- 15 tinue and reverse any withholds made pursuant to this provision upon 16 receipt of the certification required by Executive Order 203. 17 § 2. This act shall take effect immediately and shall expire and be 18 deemed repealed February 1, 2022. 19 PART M 20 Section 1. Notwithstanding the provisions of sections 79-a and 79-b 21 of the correction law, the governor is authorized to close correctional 22 facilities of the department of corrections and community supervision, 23 in the state fiscal year 2021-2022, as the governor determines to be 24 necessary for the cost-effective and efficient operation of the 25 correctional system, provided that the governor provides at least 90 26 days notice prior to any such closures to the temporary president of the 27 senate and the speaker of the assembly. Such notice shall include the 28 list of facilities the governor plans to close, the number of incarcer- 29 ated individuals in said facilities, and the number of staff working in 30 said facilities. The commissioner of corrections and community super- 31 vision shall also report in detail to the temporary president of the 32 senate and the speaker of the assembly on the results of staff relo- 33 cation efforts within 60 days after such closure. 34 § 2. This act shall take effect immediately and shall be deemed to 35 have been in full force and effect on and after April 1, 2021 and shall 36 expire and be deemed repealed March 31, 2022. 37 PART N 38 Intentionally Omitted 39 PART O 40 Intentionally Omitted 41 PART P 42 Section 1. Section 5 of chapter 268 of the laws of 1996, amending the 43 education law and the state finance law relating to providing a recruit- 44 ment incentive and retention program for certain active members of the 45 New York army national guard, New York air national guard, and New York 46 naval militia, as amended by section 1 of part E of chapter 57 of the 47 laws of 2016, is amended to read as follows:S. 2505--C 15 A. 3005--C 1 § 5. This act shall take effect January 1, 1997 and shall expire and 2 be deemed repealed September 1, [2021] 2026; provided that any person 3 who has begun to receive the benefits of this act prior to its expira- 4 tion and repeal shall be entitled to continue to receive the benefits of 5 this act after its expiration and repeal until completion of a baccalau- 6 reate degree or cessation of status as an active member, whichever 7 occurs first. 8 § 2. This act shall take effect immediately. 9 PART Q 10 Intentionally Omitted 11 PART R 12 Intentionally Omitted 13 PART S 14 Intentionally Omitted 15 PART T 16 Intentionally Omitted 17 PART U 18 Intentionally Omitted 19 PART V 20 Intentionally Omitted 21 PART W 22 Intentionally Omitted 23 PART X 24 Intentionally Omitted 25 PART Y 26 Intentionally Omitted 27 PART Z 28 Intentionally Omitted 29 PART AA 30 Intentionally Omitted 31 PART BBS. 2505--C 16 A. 3005--C 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York Medical Supplies Act". 3 § 2. The state finance law is amended by adding a new section 148 to 4 read as follows: 5 § 148. Certain contracts involving personal protective equipment and 6 medical supplies. 1. Notwithstanding any other provisions of law, all 7 contracts over fifty thousand dollars in value made and awarded by any 8 department or agency of the state for the purchase of personal protec- 9 tive equipment or medical supplies shall require that the personal 10 protective equipment or medical supply items be produced or made in 11 whole or substantial part in the United States. 12 2. For purposes of this section: 13 (a) "personal protective equipment" means all equipment worn to mini- 14 mize exposure to medical hazards, including gloves, masks, face shields, 15 eye protection, respirators, medical hair and shoe coverings, and 16 disposable gowns and aprons. 17 (b) "medical supplies" means materials necessary to respond to health 18 emergencies or pandemics, including and without limitation ventilators, 19 medical test kits, and vaccines. 20 (c) "United States" means the United States, its territories, or 21 possessions. 22 3. The provisions of this section shall not apply if the head of the 23 department or agency purchasing the personal protective equipment or 24 medical supplies, in his or her sole discretion, determines that such 25 provisions would not be in the public interest; that obtaining such 26 personal protective equipment or medical supplies in the United States 27 would increase the cost of the contract by an unreasonable amount; that 28 such personal protective equipment or medical supplies cannot be 29 produced or made in the United States in sufficient and reasonably 30 available quantities and of satisfactory quality or design to meet the 31 department's or agency's requirements; or that purchasing personal 32 protective equipment or medical supplies manufactured outside of the 33 United States is necessary to avoid a delay in the delivery of critical 34 services that could compromise the public welfare. 35 4. Nothing in this section is intended to contravene any existing 36 treaties, laws, trade agreements, or regulations of the United States or 37 subsequent trade agreements entered into between any foreign countries 38 and the state or the United States. 39 5. Subject to the provisions of this section, the department of 40 economic development, in consultation with the office of general 41 services and the division of the budget, shall be authorized to estab- 42 lish rules and regulations for the effective administration of this 43 section. 44 § 3. The public authorities law is amended by adding a new section 45 2878-c to read as follows: 46 § 2878-c. Certain contracts involving personal protective equipment 47 and medical supplies. 1. Notwithstanding any other provisions of law, 48 all contracts over fifty thousand dollars in value made and awarded by 49 any state authority for the purchase of personal protective equipment or 50 medical supplies shall require that the personal protective equipment or 51 medical supply items be produced or made in whole or substantial part in 52 the United States. 53 2. For purposes of this section: 54 (a) "personal protective equipment" means all equipment worn to mini- 55 mize exposure to medical hazards, including gloves, masks, face shields,S. 2505--C 17 A. 3005--C 1 eye protection, respirators, medical hair and shoe coverings, and 2 disposable gowns and aprons. 3 (b) "medical supplies" means materials necessary to respond to health 4 emergencies or pandemics, including and without limitation ventilators, 5 medical test kits, and vaccines. 6 (c) "United States" means the United States, its territories, or 7 possessions. 8 3. The provisions of this section shall not apply if the head of the 9 state authority purchasing the personal protective equipment or medical 10 supplies, in his or her sole discretion, determines that such provisions 11 would not be in the public interest; that obtaining such personal 12 protective equipment or medical supplies in the United States would 13 increase the cost of the contract by an unreasonable amount; that such 14 personal protective equipment or medical supplies cannot be produced or 15 made in the United States in sufficient and reasonably available quanti- 16 ties and of satisfactory quality or design to meet the state authority's 17 requirements; or that purchasing personal protective equipment or 18 medical supplies manufactured outside of the United States is necessary 19 to avoid a delay in the delivery of critical services that could compro- 20 mise the public welfare. 21 4. Nothing in this section is intended to contravene any existing 22 treaties, laws, trade agreements, or regulations of the United States or 23 subsequent trade agreements entered into between any foreign countries 24 and the state or the United States. 25 5. Subject to the provisions of this section, the department of 26 economic development, in consultation with the office of general 27 services and the division of the budget, shall be authorized to estab- 28 lish rules and regulations for the effective administration of this 29 section. 30 § 4. This act shall take effect April 1, 2021 and shall apply to any 31 state contracting opportunities advertised on or after such date and 32 shall exclude contracts for which an invitation for bid, request for 33 proposal, or similar solicitation has been issued prior to April 1, 34 2021. 35 PART CC 36 Intentionally Omitted 37 PART DD 38 Intentionally Omitted 39 PART EE 40 Intentionally Omitted 41 PART FF 42 Intentionally Omitted 43 PART GG 44 Intentionally Omitted 45 PART HHS. 2505--C 18 A. 3005--C 1 Intentionally Omitted 2 PART II 3 Intentionally Omitted 4 PART JJ 5 Intentionally Omitted 6 PART KK 7 Section 1. Paragraph b of subdivision 2 of section 54-l of the state 8 finance law, as amended by section 1 of part X of chapter 55 of the laws 9 of 2014, is amended to read as follows: 10 b. Within the amounts appropriated therefor, eligible municipalities 11 shall receive an amount equal to seventy percent of the state aid 12 payment received in the state fiscal year commencing April first, two 13 thousand eight from an appropriation for aid to municipalities with 14 video lottery gaming facilities, except as otherwise provided by subdi- 15 vision five of this section. 16 § 2. Subdivision 5 of section 54-l of the state finance law, as added 17 by section 5 of part S of chapter 39 of the laws of 2019, is amended to 18 read as follows: 19 5. The town and county in which the facility defined in paragraph five 20 of subdivision a of section sixteen hundred seventeen-a of the tax law 21 is located shall receive assistance payments made pursuant to this 22 section at the same dollar level realized by the village of Monticello, 23 Sullivan county, the town of Thompson, Sullivan county, and Sullivan 24 county in the state fiscal year commencing April first, two thousand 25 nineteen; provided however that the amount that was allocated to the 26 village of Monticello shall be distributed evenly between such town and 27 such county. [Each village in which the facility defined in paragraph28five of subdivision a of section sixteen hundred seventeen-a of the tax29law is located shall receive assistance payments made pursuant to this30section at the rate of fifty percent of the dollar level realized by the31village of Monticello.] Any payments made pursuant to this subdivision 32 shall not commence until the facility defined in paragraph five of 33 subdivision a of section sixteen hundred seventeen-a of the tax law has 34 realized revenue for a period of twelve consecutive months. 35 § 3. This act shall take effect immediately. 36 PART LL 37 Intentionally Omitted 38 PART MM 39 Intentionally Omitted 40 PART NN 41 Intentionally Omitted 42 PART OOS. 2505--C 19 A. 3005--C 1 Intentionally Omitted 2 PART PP 3 Intentionally Omitted 4 PART QQ 5 Intentionally Omitted 6 PART RR 7 Section 1. Subdivision 5 of section 362 of chapter 83 of the laws of 8 1995 amending the state finance law and other laws relating to bonds, 9 notes and revenues, as amended by section 1 of part F of chapter 57 of 10 the laws of 2016, is amended to read as follows: 11 5. Sections thirty-one through forty-two of this act shall take effect 12 on the thirtieth day after it shall have become a law and shall be 13 deemed to have been in full force and effect on and after April 1, 1995; 14 provided that section 163 of the state finance law, as added by section 15 thirty-three of this act shall remain in full force and effect until 16 June 30, [2021] 2026 at which time it shall expire and be deemed 17 repealed. Contracts executed prior to the expiration of such section 163 18 shall remain in full force and effect until the expiration of any such 19 contract notwithstanding the expiration of certain provisions of this 20 act. 21 § 2. This act shall take effect immediately. 22 PART SS 23 Section 1. Section 16 of chapter 1 of the laws of 2005, amending the 24 state finance law relating to restricting contacts in the procurement 25 process and the recording of contacts relating thereto, as amended by 26 section 2 of part F of chapter 57 of the laws of 2016, is amended to 27 read as follows: 28 § 16. This act shall take effect immediately; provided, however, that 29 sections one, six, eight, nine, ten, eleven and fifteen of this act 30 shall take effect January 1, 2006; and provided, however, the amendments 31 to paragraph f of subdivision 9 of section 163 of the state finance law 32 made by section fifteen of this act shall not affect the repeal of such 33 section and shall be deemed repealed therewith; provided, further, that 34 the amendments to article 1-A of the legislative law, made by this act, 35 shall not affect the repeal of such article pursuant to chapter 2 of the 36 laws of 1999, as amended, and shall be deemed repealed therewith; 37 provided, further, that sections thirteen and fourteen of this act shall 38 take effect January 1, 2006 and shall be deemed repealed July 31, [2021] 39 2026; provided, further, that effective immediately, the advisory coun- 40 cil on procurement lobbying created pursuant to section twelve of this 41 act shall be constituted no later than sixty days following the effec- 42 tive date of this act, provided that effective sixty days following the 43 effective date of this act, the advisory council on procurement lobbying 44 shall be authorized to establish model guidelines and to add, amend 45 and/or repeal any rules or regulations necessary for the implementation 46 of its duties under sections twelve and thirteen of this act, and the 47 advisory council authorized to make and complete such model guidelines 48 on or before the effective date of section thirteen of this act;S. 2505--C 20 A. 3005--C 1 provided, further, that procurement contracts for which bid solicita- 2 tions have been issued prior to the effective date of this act shall be 3 awarded pursuant to the provisions of law in effect at the time of issu- 4 ance. 5 § 2. This act shall take effect immediately. 6 PART TT 7 Intentionally Omitted 8 PART UU 9 Intentionally Omitted 10 PART VV 11 Section 1. Paragraph h of subdivision 1 of section 130 of the civil 12 service law is REPEALED and a new paragraph h is added to read as 13 follows: 14 h. Pursuant to the terms of an agreement entered into, or an interest 15 arbitration award issued, pursuant to article fourteen of the civil 16 service law between the state and an employee organization covering 17 members of the collective negotiating unit designated as the agency 18 police services unit, effective on the dates indicated, salary grades 19 for such unit members shall be as follows: 20 (1) Effective April first, two thousand fifteen: 21 Perf. Perf. Perf. Perf. Perf. Long 22 Ad- Ad- Ad- Ad- Ad- Max. 23 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 24 ing Step Step Step Step Step Job Perf. Long Long Long Long 25 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 26 1 28663 29671 30679 31687 32695 33703 34711 1008 36218 37724 40644 42151 27 2 29540 30602 31664 32726 33788 34850 35912 1062 37506 39101 42106 43703 28 3 30764 31872 32980 34088 35196 36304 37412 1108 39075 40737 43813 45477 29 4 31940 33110 34280 35450 36620 37790 38960 1170 40710 42461 45619 47366 30 5 33237 34465 35693 36921 38149 39377 40605 1228 42445 44285 47537 49377 31 6 34736 36027 37318 38609 39900 41191 42482 1291 44420 46358 49710 51649 32 7 36442 37787 39132 40477 41822 43167 44512 1345 46527 48541 51969 53984 33 8 38238 39635 41032 42429 43826 45223 46620 1397 48713 50806 54312 56408 34 9 40115 41572 43029 44486 45943 47400 48857 1457 51047 53237 56836 59023 35 10 42133 43666 45199 46732 48265 49798 51331 1533 53625 55919 59621 61916 36 11 44351 45946 47541 49136 50731 52326 53921 1595 56308 58695 62497 64886 37 12 46560 48225 49890 51555 53220 54885 56550 1665 59048 61546 65458 67956 38 13 49066 50804 52542 54280 56018 57756 59494 1738 62096 64698 68714 71316 39 14 51622 53445 55268 57091 58914 60737 62560 1823 65285 68011 72151 74879 40 15 54326 56222 58118 60014 61910 63806 65702 1896 68542 71381 75634 78473 41 16 57131 59111 61091 63071 65051 67031 69011 1980 71980 74949 79327 82293 42 17 60083 62169 64255 66341 68427 70513 72599 2086 75722 78845 83380 86504 43 18 63238 65428 67618 69808 71998 74188 76378 2190 79660 82943 87642 90927 44 19 66434 68722 71010 73298 75586 77874 80162 2288 83590 87018 91857 95285 45 20 69606 71996 74386 76776 79166 81556 83946 2390 87534 91123 96119 99707 46 21 73101 75594 78087 80580 83073 85566 88059 2493 91799 95540 100- 104- 47 687 426 48 22 76762 79403 82044 84685 87326 89967 92608 2641 96562 100- 105- 109-S. 2505--C 21 A. 3005--C 1 515 880 835 2 23 80663 83378 86093 88808 91523 94238 96953 2715 101- 105- 110- 114- 3 027 101 585 659 4 24 84774 87590 90406 93222 96038 98854 101- 2816 105- 110- 115- 119- 5 670 892 114 751 973 6 25 89244 92182 95120 98058 100- 103- 106- 2938 111- 115- 121- 125- 7 996 934 872 276 681 494 896 8 (2) Effective April first, two thousand sixteen: 9 Perf. Perf. Perf. Perf. Perf. Long 10 Ad- Ad- Ad- Ad- Ad- Max. 11 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 12 ing Step Step Step Step Step Job Perf. Long Long Long Long 13 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 14 1 29236 30264 31292 32320 33348 34376 35404 1028 36941 38477 41456 42993 15 2 30131 31214 32297 33380 34463 35546 36629 1083 38255 39882 42947 44576 16 3 31379 32509 33639 34769 35899 37029 38159 1130 39855 41551 44688 46385 17 4 32579 33772 34965 36158 37351 38544 39737 1193 41522 43308 46529 48311 18 5 33902 35155 36408 37661 38914 40167 41420 1253 43297 45174 48491 50367 19 6 35431 36748 38065 39382 40699 42016 43333 1317 45310 47287 50706 52683 20 7 37171 38543 39915 41287 42659 44031 45403 1372 47458 49513 53009 55064 21 8 39003 40428 41853 43278 44703 46128 47553 1425 49688 51823 55399 57537 22 9 40917 42403 43889 45375 46861 48347 49833 1486 52067 54301 57972 60202 23 10 42976 44540 46104 47668 49232 50796 52360 1564 54700 57040 60816 63157 24 11 45238 46865 48492 50119 51746 53373 55000 1627 57435 59869 63748 66184 25 12 47491 49189 50887 52585 54283 55981 57679 1698 60227 62775 66765 69313 26 13 50047 51820 53593 55366 57139 58912 60685 1773 63339 65993 70089 72743 27 14 52654 54514 56374 58234 60094 61954 63814 1860 66594 69374 73597 76379 28 15 55413 57347 59281 61215 63149 65083 67017 1934 69914 72810 77148 80043 29 16 58274 60294 62314 64334 66354 68374 70394 2020 73422 76451 80916 83942 30 17 61285 63413 65541 67669 69797 71925 74053 2128 77238 80424 85050 88236 31 18 64503 66737 68971 71205 73439 75673 77907 2234 81255 84603 89396 92747 32 19 67763 70097 72431 74765 77099 79433 81767 2334 85264 88760 93696 97192 33 20 70998 73436 75874 78312 80750 83188 85626 2438 89286 92947 98042 101- 34 702 35 21 74563 77106 79649 82192 84735 87278 89821 2543 93636 97452 102- 106- 36 702 515 37 22 78297 80991 83685 86379 89073 91767 94461 2694 98494 102- 107- 112- 38 526 998 033 39 23 82276 85045 87814 90583 93352 96121 98890 2769 103- 107- 112- 116- 40 045 201 795 950 41 24 86469 89341 92213 95085 97957 100- 103- 2872 108- 112- 118- 122- 42 829 701 007 314 064 370 43 25 91029 94026 97023 100- 103- 106- 109- 2997 113- 117- 123- 128- 44 020 017 014 011 503 996 925 415 45 (3) Effective April first, two thousand seventeen: 46 Perf. Perf. Perf. Perf. Perf. Long 47 Ad- Ad- Ad- Ad- Ad- Max. 48 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 49 ing Step Step Step Step Step Job Perf. Long Long Long Long 50 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 51 1 29821 30870 31919 32968 34017 35066 36115 1049 37683 39249 42288 43856 52 2 30734 31839 32944 34049 35154 36259 37364 1105 39023 40682 43808 45470S. 2505--C 22 A. 3005--C 1 3 32007 33160 34313 35466 36619 37772 38925 1153 40655 42385 45585 47316 2 4 33231 34448 35665 36882 38099 39316 40533 1217 42354 44175 47461 49278 3 5 34580 35858 37136 38414 39692 40970 42248 1278 44163 46077 49460 51374 4 6 36140 37483 38826 40169 41512 42855 44198 1343 46215 48231 51718 53735 5 7 37914 39314 40714 42114 43514 44914 46314 1400 48410 50506 54072 56168 6 8 39783 41237 42691 44145 45599 47053 48507 1454 50685 52862 56510 58691 7 9 41735 43251 44767 46283 47799 49315 50831 1516 53110 55388 59133 61407 8 10 43836 45431 47026 48621 50216 51811 53406 1595 55793 58180 62031 64419 9 11 46143 47803 49463 51123 52783 54443 56103 1660 58587 61069 65026 67511 10 12 48441 50173 51905 53637 55369 57101 58833 1732 61432 64031 68101 70700 11 13 51048 52857 54666 56475 58284 60093 61902 1809 64609 67316 71494 74201 12 14 53707 55604 57501 59398 61295 63192 65089 1897 67925 70760 75068 77905 13 15 56521 58494 60467 62440 64413 66386 68359 1973 71314 74268 78693 81646 14 16 59439 61500 63561 65622 67683 69744 71805 2061 74894 77983 82537 85624 15 17 62511 64682 66853 69024 71195 73366 75537 2171 78786 82035 86754 90004 16 18 65793 68072 70351 72630 74909 77188 79467 2279 82882 86297 91186 94604 17 19 69118 71499 73880 76261 78642 81023 83404 2381 86971 90537 95572 99138 18 20 72418 74905 77392 79879 82366 84853 87340 2487 91073 94807 100- 103- 19 004 738 20 21 76054 78648 81242 83836 86430 89024 91618 2594 95509 99402 104- 108- 21 757 646 22 22 79863 82611 85359 88107 90855 93603 96351 2748 100- 104- 110- 114- 23 465 577 159 274 24 23 83922 86746 89570 92394 95218 98042 100- 2824 105- 109- 115- 119- 25 866 104 343 049 287 26 24 88198 91128 94058 96988 99918 102- 105- 2930 110- 114- 120- 124- 27 848 778 170 563 428 820 28 25 92850 95907 98964 102- 105- 108- 111- 3057 115- 120- 126- 130- 29 021 078 135 192 774 357 404 984 30 (4) Effective April first, two thousand eighteen: 31 Perf. Perf. Perf. Perf. Perf. Long 32 Ad- Ad- Ad- Ad- Ad- Max. 33 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 34 ing Step Step Step Step Step Job Perf. Long Long Long Long 35 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 36 1 30417 31487 32557 33627 34697 35767 36837 1070 38436 40034 43133 44733 37 2 31349 32476 33603 34730 35857 36984 38111 1127 39803 41495 44684 46379 38 3 32647 33823 34999 36175 37351 38527 39703 1176 41468 43232 46496 48262 39 4 33896 35137 36378 37619 38860 40101 41342 1241 43199 45057 48409 50262 40 5 35272 36576 37880 39184 40488 41792 43096 1304 45049 47002 50452 52405 41 6 36863 38233 39603 40973 42343 43713 45083 1370 47140 49197 52753 54811 42 7 38672 40100 41528 42956 44384 45812 47240 1428 49378 51516 55153 57291 43 8 40579 42062 43545 45028 46511 47994 49477 1483 51699 53919 57640 59865 44 9 42570 44116 45662 47208 48754 50300 51846 1546 54171 56494 60314 62634 45 10 44713 46340 47967 49594 51221 52848 54475 1627 56910 59344 63273 65708 46 11 47066 48759 50452 52145 53838 55531 57224 1693 59758 62289 66325 68860 47 12 49410 51177 52944 54711 56478 58245 60012 1767 62663 65314 69465 72116 48 13 52069 53914 55759 57604 59449 61294 63139 1845 65900 68661 72923 75684 49 14 54781 56716 58651 60586 62521 64456 66391 1935 69284 72175 76570 79463 50 15 57651 59664 61677 63690 65703 67716 69729 2013 72743 75756 80270 83282 51 16 60628 62730 64832 66934 69036 71138 73240 2102 76391 79542 84187 87335 52 17 63761 65976 68191 70406 72621 74836 77051 2215 80365 83679 88492 91807 53 18 67109 69434 71759 74084 76409 78734 81059 2325 84542 88026 93012 96499 54 19 70500 72929 75358 77787 80216 82645 85074 2429 88712 92350 97485 101-S. 2505--C 23 A. 3005--C 1 123 2 20 73866 76403 78940 81477 84014 86551 89088 2537 92896 96704 102- 105- 3 005 814 4 21 77575 80221 82867 85513 88159 90805 93451 2646 97420 101- 106- 110- 5 391 853 820 6 22 81460 84263 87066 89869 92672 95475 98278 2803 102- 106- 112- 116- 7 474 669 362 559 8 23 85600 88481 91362 94243 97124 100- 102- 2881 107- 111- 117- 121- 9 005 886 209 533 353 675 10 24 89962 92951 95940 98929 101- 104- 107- 2989 112- 116- 122- 127- 11 918 907 896 376 857 839 319 12 25 94707 97825 100- 104- 107- 110- 113- 3118 118- 122- 128- 133- 13 943 061 179 297 415 089 763 931 603 14 § 2. Section 207-d of the state finance law, as added by chapter 114 of 15 the laws of 2006, paragraph (b) of subdivision 1 as amended by chapter 3 16 of the laws of 2007 and subdivision 2 as amended by chapter 15 of the 17 laws of 2012, is amended to read as follows: 18 § 207-d. Employee benefit fund; agency [law enforcement] police 19 services unit. 1. As used in this section, unless otherwise expressly 20 stated: 21 (a) "Director" shall mean the director of employee relations. 22 (b) "Employee" shall mean any person serving on a full-time annual 23 salaried basis in the service of the state of New York who is appointed 24 to and serving in a position in the collective negotiating unit desig- 25 nated as the agency [law enforcement] police services unit and is a 26 police officer pursuant to subdivision thirty-four of section 1.20 of the 27 criminal procedure law [or a forest ranger 1 or a forest ranger 2]. 28 2. Where and to the extent that an agreement between the state and an 29 employee organization entered into pursuant to article fourteen of the 30 civil service law or an interest arbitration award issued pursuant to 31 subdivision four of section two hundred nine of the civil service law 32 between the state and an employee organization so provides on behalf of 33 employees in the collective negotiating unit designated as the agency 34 police services unit established pursuant to article fourteen of the 35 civil service law, and upon audit and warrant of the comptroller, the 36 director shall provide for the payment of moneys to such employee organ- 37 ization for the establishment and maintenance of an employee benefit fund 38 established by the employee organization for the employees in the negoti- 39 ating unit covered by the controlling provision of such agreement or 40 award providing for such employee benefit fund, such amount to be deter- 41 mined consistent with said agreement or award on the basis of the number 42 of full-time annual salaried employees, as determined by the comptroller, 43 [on the payroll on March first, two thousand eleven for payments to be44made on April first, two thousand eleven, on the payroll on March first,45two thousand twelve for payments to be made on April first, two thousand46twelve, on the payroll on March first, two thousand thirteen for payments47to be made on April first, two thousand thirteen, and on the payroll on48March first, two thousand fourteen for payments to be made on April49first, two thousand fourteen] on the payroll on March first, two thousand 50 fifteen for payments to be made on April first, two thousand fifteen, on 51 the payroll on March first, two thousand sixteen for payments to be made 52 on April first, two thousand sixteen, on the payroll on March first, two 53 thousand seventeen for payments to be made on April first, two thousand 54 seventeen, and on the payroll on March first, two thousand eighteen for 55 payments to be made on April first, two thousand eighteen. The amount, 56 which will be determined pursuant to this section, for employees who areS. 2505--C 24 A. 3005--C 1 paid from special or administrative funds, other than the general fund or 2 the capital projects fund of the state, will be paid from the appropri- 3 ations as provided by law, in which case the comptroller will establish 4 procedures to ensure repayment from said special or administrative funds. 5 The director shall enter into an agreement with an employee organization 6 which sets forth the specific terms and conditions for the establishment 7 and administration of an employee benefit fund as a condition for the 8 transmittal of moneys pursuant to this section. 9 3. Such employee organization shall periodically as specified by the 10 director, supply a description of the benefits purchased or provided by 11 the employee benefit fund, the utilization experience of the benefit 12 fund, the amount disbursed for or the cost of such benefits and such 13 other information as may be requested by the director. 14 4. The employee organization shall report to the comptroller, in the 15 form and manner as he or she may direct, the amount it expended for the 16 purchase of or providing for such benefits for any period specified by 17 the comptroller. The comptroller is hereby authorized to audit the books 18 of the employee organization with respect to any moneys transmitted to it 19 pursuant to this section. 20 5. Neither the state nor any officer or employee of the state shall be 21 a party to any contract or agreement entered into by any employee organ- 22 ization providing for benefits purchased in whole or in part with moneys 23 transmitted to such employee organization pursuant to this section. No 24 benefit provided pursuant to such contracts or agreements shall be paya- 25 ble by the state and all such benefits shall be paid by the responsible 26 parties to such agreements or contracts pursuant to the terms and condi- 27 tions of such agreements or contracts. The employee organization shall be 28 a fiduciary with respect to the employee benefit fund established pursu- 29 ant to this section. 30 6. Nothing in this section shall be deemed to diminish, impair or 31 reduce any benefit otherwise payable to any employee established or 32 authorized by law, rule or regulation by reason of such employee's lack 33 of eligibility to participate in any benefit program established by an 34 employee organization pursuant to this section. 35 7. In the event it is determined that the moneys transmitted to an 36 employee organization pursuant to this section is income for which 37 payroll deductions are required for income tax withholdings from the 38 salary or wages of employees pursuant to law, the comptroller shall 39 determine the amount of such withholdings required and deduct the amount 40 so required to be withheld from the salary or wages of the employees 41 concerned. 42 8. The employee organization shall indemnify the state for any claims 43 whatsoever paid by it arising from the establishment, administration or 44 discontinuation of any employee benefit provided pursuant to this 45 section, together with reasonable costs of litigation arising therefrom. 46 9. Insofar as the provisions of this section are inconsistent with the 47 provisions of any other law, general or special, the provisions of this 48 section shall be controlling. 49 § 3. Compensation for members of the collective negotiating unit desig- 50 nated as agency police services unit pursuant to an agreement between the 51 state of New York and the employee organization representing such indi- 52 viduals or an interest arbitration award binding the state of New York 53 and the employee organization representing such individuals. 54 1. The provisions of this section shall apply to all full-time officers 55 and employees in the collective negotiating unit designated as the agencyS. 2505--C 25 A. 3005--C 1 police services unit established pursuant to article fourteen of the 2 civil service law. 3 2. Effective April 1, 2015, the basic annual salary of all members of 4 the agency police services unit who were in full-time annual salaried 5 employment status on March 31, 2015 shall be increased by two percent. 6 3. Effective April 1, 2016, the basic annual salary of all members of 7 the agency police services unit who were in full-time annual salaried 8 employment status on March 31, 2016 shall be increased by two percent. 9 4. Effective April 1, 2017, the basic annual salary of all members of 10 the agency police services unit who were in full-time annual salaried 11 employment status on March 31, 2017 shall be increased by two percent. 12 5. Effective April 1, 2018, the basic annual salary of all members of 13 the agency police services unit who were in full-time annual salaried 14 employment status on March 31, 2018 shall be increased by two percent. 15 6. Advancement within salary grade. Payments pursuant to the provisions 16 of subdivision 6 of section 131 of civil service law for members of the 17 agency police services unit shall be payable pursuant to the terms of an 18 agreement between the state and an employee organization representing 19 employees subject to the provisions of this section. 20 7. Effective April 1, 2015, pursuant to the terms of an agreement 21 covering members of the agency police services unit, for such unit 22 members who are on the institutional payroll, the ten-year, the fifteen- 23 year, the twenty-year, and the twenty-five-year longevity step payment 24 for such unit members to whom the provisions of this section apply shall 25 be that amount prescribed by paragraph h of subdivision 1 of section 130 26 of the civil service law, as added by section one of this act. 27 8. Notwithstanding any of the foregoing provisions of this section, if 28 the basic annual salary of such unit members to whom the provisions of 29 this section apply is identical with the hiring rate, performance advance 30 step one, two, three, four or five, the job rate, the ten-year longevity 31 step, the fifteen-year longevity step, the twenty-year longevity step or 32 the twenty-five-year longevity step of his or her position on the effec- 33 tive dates of the increases provided in this section, such basic annual 34 salary shall be increased to the hiring rate, performance advance step 35 one, two, three, four or five, the job rate, the ten-year longevity step, 36 the fifteen-year longevity step, the twenty-year longevity step or the 37 twenty-five-year longevity step, respectively, of such salary grade as 38 contained in the appropriate salary schedule in subparagraphs (1), (2), 39 (3), and (4) of paragraph h of subdivision 1 of section 130 of the civil 40 service law, as added by section one of this act, to take effect on the 41 dates provided in subparagraphs (1), (2), (3), and (4), respectively. 42 The increases in basic annual salary provided by this subdivision shall 43 be in lieu of any increase in basic annual salary provided for in subdi- 44 visions two, three, four and five of this section. 45 9. If an unencumbered position is one which if encumbered, would be 46 subject to the provisions of this section, the salary of such position 47 shall be increased by the salary increase amounts specified in this 48 section. If a position is created and is filled by the appointment of 49 such unit members to whom the provisions of this section apply, the sala- 50 ry otherwise provided for such position shall be increased in the same 51 manner as though such position had been in existence but unencumbered. 52 Notwithstanding the provisions of this section, the director of the budg- 53 et may reduce the salary of any such position, which is or becomes 54 vacant. 55 10. The increases in salary payable pursuant to this section shall 56 apply on a prorated basis to officers and employees, otherwise eligibleS. 2505--C 26 A. 3005--C 1 to receive an increase in salary pursuant to this section, who are paid 2 on an hourly or per diem basis, employees serving on a part-time or 3 seasonal basis and employees paid on any basis other than at an annual 4 salaried rate; except that the provisions of subdivision eleven, twelve, 5 or thirteen of this section shall not apply to employees serving on an 6 hourly, per diem, or seasonal basis, except as determined by the director 7 of the budget. 8 11. Notwithstanding any other provision of this section, the provisions 9 of this section shall not apply to officers or employees paid on a fee 10 schedule basis. 11 12. In order to provide for the officers and employees to whom this 12 section applies who are not allocated to salary grades, performance 13 advancements and payments in proportion to those provided to persons to 14 whom this section applies who are allocated to salary grades, the direc- 15 tor of the budget is authorized to add appropriate adjustments to the 16 compensation which such officers and employees are otherwise entitled to 17 receive. The director of the budget shall issue certificates which shall 18 contain schedules of positions and the salaries thereof for which adjust- 19 ments are made pursuant to the provisions of this subdivision, and a copy 20 of each such certificate shall be filed with the state comptroller, the 21 department of civil service, the chairman of the senate finance committee 22 and the chairman of the assembly ways and means committee. 23 13. Notwithstanding any of the foregoing provisions of this section, 24 any increase in compensation may be withheld in whole or in part from any 25 such unit members to whom the provisions of this section apply when, in 26 the opinion of the director of the division of the budget and the direc- 27 tor of employee relations, such increase is not warranted or is not 28 appropriate. 29 § 4. Additional compensation for certain members of the agency police 30 services collective negotiating unit. 1. In recognition of the general 31 requirement for full-time employees of the state in the agency police 32 services unit to assemble for briefing prior to the commencement of 33 duties, where and to the extent an agreement so provides, each such 34 employee except such an employee receiving additional compensation pursu- 35 ant to subdivision 5 of section 134 of the civil service law, shall 36 continue to receive additional compensation in recognition of pre-shift 37 briefing at one and one-half times the hourly rate of pay provided for by 38 subdivision 1 of section 134 of the civil service law and the rules and 39 regulations of the director of the budget. 40 2. Members of the agency police services collective negotiating unit 41 who are full-time annual salaried and are police officers pursuant to 42 subdivision 34 of section 1.20 of the criminal procedure law, who are 43 required, authorized and actually assemble for pre-shift briefing or line 44 up before the commencement of their regular tour of duty shall continue 45 to be paid for pre-shift briefing. However, employees of the department 46 of environmental conservation who do not physically line up shall be paid 47 the equivalent of pre-shift compensation for vehicle, equipment, office 48 maintenance, and the handling of phone calls and home visitations 49 received and instigated outside of the regular workday. This payment 50 supplants any payments made to such employees for equipment storage. 51 There shall be no payment of pre-shift briefing for any day in which any 52 employee who is a member of the agency police services unit, full-time 53 annual salaried and a police officer pursuant to subdivision 34 of 54 section 1.20 of the criminal procedure law is not physically reporting to 55 work. There shall be no change in the payment for pre-shift briefing for 56 all other members of the agency police services unit.S. 2505--C 27 A. 3005--C 1 3. Any such additional compensation pursuant to this section shall be 2 paid in addition to and shall not be a part of such employee's basic 3 annual salary and shall not be included as compensation for the purposes 4 of computation of overtime pay, provided, however, that such additional 5 compensation shall be included for retirement purposes. Notwithstanding 6 the foregoing provisions of this section or of any other law, such addi- 7 tional compensation as added by this section shall be in lieu of the 8 continuation of any other additional compensation for such unit members 9 in recognition of pre-shift briefing. 10 § 5. Clothing allowance. Effective April 1, 2015, pursuant to the terms 11 of an agreement covering members of the agency police services collective 12 negotiating unit who are full-time annual salaried and are classified as 13 investigators or detectives, in recognition of the general requirement 14 for such unit members to whom the provisions of this section apply to 15 wear professional attire, each such employee who is on the payroll on the 16 first day of November preceding the annual effective date shall continue 17 to receive a clothing allowance at a rate of four hundred dollars per 18 year effective December 1, 2011. 19 § 6. Location pay. 1. Pursuant to the terms of an agreement covering 20 members of the agency police services collective negotiating unit, and 21 notwithstanding any inconsistent provision of law, effective April 1, 22 2015, all members of this unit who are full-time annual salaried employ- 23 ees and whose principal place of employment, or, in the case of a field 24 employee, whose official station is determined in accordance with the 25 regulations of the state comptroller, is located in the city of New York, 26 or in the county of Rockland, Westchester, Nassau, or Suffolk shall 27 continue to receive location pay in the amount of one thousand five 28 hundred twenty dollars. 29 2. The location pay as set out in this section shall be in addition to 30 and shall not be a part of an employee's basic annual salary, and shall 31 not affect or impair any performance advance or other rights or benefits 32 to which an employee may be entitled by law, provided, however, that 33 location pay shall be included as compensation for the purposes of compu- 34 tation of overtime pay and for retirement purposes. This payment will be 35 equally divided over the twenty-six payroll periods in each fiscal year. 36 § 7. Supplemental location pay. 1. Pursuant to the terms of an agree- 37 ment covering members of the agency police services collective negotiat- 38 ing unit, and notwithstanding any inconsistent provision of law, all 39 members of this unit who are full-time annual salaried employees and 40 whose principal place of employment, or, in the case of a field employee, 41 whose official station is determined in accordance with the regulations 42 of the state comptroller, is located in the city of New York, or in the 43 county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or 44 Suffolk, shall continue to receive supplemental location pay, in the 45 following amounts: 46 Orange/Putnam/ NYC/Rockland/ Nassau/Suffolk 47 Dutchess Westchester 48 Effective April 1,2015 $1,266 $1,900 $2,217 49 2. The supplemental location pay as set out in this section shall be in 50 addition to and shall not be a part of an employee's basic annual salary, 51 and shall not affect or impair any performance advance or other rights or 52 benefits to which an employee may be entitled by law; provided, however, 53 that supplemental location pay shall be included as compensation for the 54 purposes of computation of overtime pay and for retirement purposes. This 55 payment will be equally divided over the twenty-six payroll periods in 56 each fiscal year.S. 2505--C 28 A. 3005--C 1 § 8. Expanded duty pay. Pursuant to the terms of an agreement or award 2 covering members of the agency police services collective negotiating 3 unit who are full-time annual salaried employees, in recognition of the 4 additional and continued duties and responsibilities performed by the 5 police officers in this unit as a result of the September 11th terrorist 6 attacks, and notwithstanding any provision of law, rule or regulation to 7 the contrary, members of this unit, effective April 1, 2015, shall 8 continue to receive expanded duty pay in the amount of three thousand 9 seventy-five dollars. Effective March 31, 2019, this amount shall be 10 increased to three thousand eight hundred and twenty-five dollars. 11 Expanded duty pay as set out in this section shall be in addition to and 12 shall not be a part of an employee's basic annual salary, and shall not 13 affect or impair any performance advance or other rights or benefits to 14 which an employee may be entitled by law; provided, however, that 15 expanded duty pay shall be included as compensation for the purposes of 16 computation of overtime pay and for retirement purposes. This payment 17 will be equally divided over the twenty-six payroll periods in each 18 fiscal year. 19 § 9. Marine/off-road enforcement pay. Pursuant to the terms of an 20 agreement covering members of the agency police services collective nego- 21 tiating unit who are full-time annual salaried employees, effective April 22 1, 2015, all members of this unit who are employed by the office of 23 parks, recreation and historic preservation or the department of environ- 24 mental conservation shall continue to receive one thousand five hundred 25 dollars per year in recognition of their expertise in marine and off-road 26 enforcement. Marine/off-road enforcement pay as set out in this section 27 shall be in addition to and shall not be a part of an employee's basic 28 annual salary, and shall not affect or impair any performance advance or 29 other rights or benefits to which an employee may be entitled by law; 30 provided, however, that marine/off-road enforcement pay shall be included 31 as compensation for the purposes of computation of overtime pay and for 32 retirement purposes. This payment will be equally divided over the twen- 33 ty-six payroll periods in each fiscal year. 34 § 10. Hazardous material pay. 1. Pursuant to the terms of an agreement 35 covering members of the agency police services collective negotiating 36 unit who are full-time annual salaried employees, effective April 1, 37 2015, all members who are employed by the department of environmental 38 conservation, except for those in the forest ranger title series, shall 39 continue to receive one thousand five hundred dollars per year in recog- 40 nition of their expertise and handling of hazardous materials. Hazardous 41 material pay as set out in this section shall be in addition to and shall 42 not be a part of an employee's basic annual salary, and shall not affect 43 or impair any performance advance or other rights or benefits to which an 44 employee may be entitled by law; provided, however, that hazardous mate- 45 rial pay shall be included as compensation for the purposes of computa- 46 tion of overtime pay and for retirement purposes. This payment will be 47 equally divided over the twenty-six payroll periods in each fiscal year. 48 2. Hazardous material/fire management/search and rescue pay. Pursuant 49 to the terms of an agreement covering members of the agency police 50 services collective negotiating unit who are full-time annual salaried 51 employees, effective April 1, 2015, all members who are employed by the 52 department of environmental conservation in the forest ranger title 53 series shall continue to receive one thousand five hundred dollars per 54 year in recognition of their expertise and handling of hazardous materi- 55 als. Hazardous material/fire management/search and rescue pay as set out 56 in this section shall be in addition to and shall not be a part of anS. 2505--C 29 A. 3005--C 1 employee's basic annual salary, and shall not affect or impair any 2 performance advance or other rights or benefits to which an employee may 3 be entitled by law; provided, however, that hazardous material/fire 4 management/search and rescue pay shall be included as compensation for 5 the purposes of computation of overtime pay and for retirement purposes. 6 This payment will be equally divided over the twenty-six payroll periods 7 in each fiscal year. 8 § 11. Inconvenience pay program. Pursuant to chapter 333 of the laws of 9 1969, as amended, and an agreement negotiated between the state and the 10 employee organization representing members of the agency police services 11 unit, effective April 1, 2015, members of the agency police services unit 12 shall continue to receive inconvenience pay in the amount of five hundred 13 ninety-seven dollars. Any such additional compensation pursuant to this 14 section shall be included as compensation for retirement purposes. 15 § 12. During the period April 1, 2015 through March 31, 2019 or as 16 otherwise agreed, there shall be a statewide joint labor-management 17 committee continued and administered pursuant to the terms of the agree- 18 ment negotiated between, or an interest arbitration award binding the 19 state and the employee organization representing employees in the collec- 20 tive negotiating unit designated as the agency police services unit 21 established pursuant to article 14 of the civil service law which shall, 22 with the amounts available therefore, study and make recommendations 23 concerning major issues of employee assistance, performance evaluation, 24 education and training, quality of work life, health benefits, and 25 provide for the implementation of the terms of agreements of such commit- 26 tees. 27 § 13. Notwithstanding any provision of law to the contrary, the appro- 28 priations contained in this act shall be available to the state for the 29 payment and publication of grievance and arbitration settlements and 30 awards pursuant to articles 7 and 8 of the collective negotiating agree- 31 ment between the state and the employee organization representing the 32 collective negotiating unit designated as the agency police services unit 33 established pursuant to article 14 of the civil service law. 34 § 14. Notwithstanding any provision of law, rule or regulation to the 35 contrary, and where and to the extent an agreement negotiated between the 36 state and the employee organization representing employees in the agency 37 police services collective negotiating unit established pursuant to arti- 38 cle 14 of the civil service law so provides, the salaries of newly hired 39 employees on or after September 1, 1992 into state service in positions 40 within said negotiating unit shall not be subject to the provisions of 41 subdivision 2-a of section 200 of the state finance law. 42 § 15. Date of entitlement to salary increase. Notwithstanding the 43 provisions of this act or of any other provision of law to the contrary, 44 the increase in salary or compensation provided by this act of any member 45 of the agency police services collective negotiating unit established 46 pursuant to article 14 of the civil service law who are full-time annual 47 salaried employees and are police officers pursuant to subdivision 34 of 48 section 1.20 of the criminal procedure law shall be added to the salary 49 of such member at the beginning of that payroll period, the first day of 50 which is nearest to the effective date of such increase as provided in 51 this act, or at the beginning of the earlier of two payroll periods, the 52 first days of which are nearest but equally near to the effective date of 53 such increase as provided in this act; provided, however, that, for the 54 purposes of determining the salary of such unit members upon reclassi- 55 fication, reallocation, appointment, promotion, transfer, demotion, rein- 56 statement, or other change of status, such salary increase shall beS. 2505--C 30 A. 3005--C 1 deemed to be effective on the date thereof as prescribed by this act, 2 with payment thereof pursuant to this section on a date prior thereto, 3 instead of on such effective date, and shall not operate to confer any 4 additional salary rights or benefits on such unit members. Payment of 5 such salary increase may be deferred pursuant to section sixteen of this 6 act. 7 § 16. Deferred payment of salary increases. Notwithstanding the 8 provisions of any other section of this act or of any other provision of 9 law to the contrary, pending payment pursuant to this act of the basic 10 annual salaries of incumbents of positions subject to this act, such 11 incumbents shall receive, as partial compensation for services rendered, 12 the rate of salary and other compensation otherwise payable in their 13 respective positions. An incumbent holding a position subject to this act 14 at any time during the period from April 1, 2015, until the time when 15 basic annual salaries and other compensation due are first paid pursuant 16 to this act for such services in excess of the salary and other compen- 17 sation actually received therefor, shall be entitled to a lump sum 18 payment for the difference between the salary and other compensation to 19 which such incumbent is entitled for such services and the salary and 20 other compensation actually received. Notwithstanding the provisions of 21 this section or of any other section of this act, the lump sum payments 22 resulting from the increases in salary and other compensation pursuant to 23 this act shall be aggregated in the form of a lump sum payment and made 24 to employees in two equal payments. However, effective the pay period 25 closest to March 31, 2019, the denominator for purposes of calculating 26 overtime shall be adjusted consistent with such interest arbitration 27 award and recalculation of the overtime earned subsequent to March 31, 28 2019 will be reconciled, adjusted and applied in the first retroactive 29 payment referenced herein. The first payment shall be paid as soon as 30 practicable after the passage of legislation implementing a Final Deci- 31 sion and Award covering the period April 1, 2015 to March 31, 2019 and 32 the second payment shall be paid on the first day of the payroll period 33 commencing after April 1, 2021. For the purpose of calculating retirement 34 benefits, the amounts paid under this act shall count as compensation 35 earned during the year or years for which it is calculated and not as 36 compensation earned wholly in the year in which it is paid. Notwith- 37 standing any law, rule or regulation to the contrary, no member of the 38 agency police services unit to whom the provisions of this act apply 39 shall be entitled to, or owed, any interest or other penalty for any 40 reason on any monies due to such member pursuant to the terms of this act 41 and the terms of the agreement or interest arbitration award covering 42 employees in the agency police services unit. 43 § 17. Use of appropriations. Notwithstanding any provision of the state 44 finance law or any other provision of law to the contrary, the state 45 comptroller is authorized to pay any amounts required during the fiscal 46 year commencing April 1, 2020, and/or April 1, 2021 by the provisions of 47 this act for any state department or agency from any appropriation or 48 other funds available to such state department or agency for personal 49 service or for other related employee benefits during such fiscal year. 50 To the extent that such appropriations are insufficient in any fund to 51 accomplish the purposes herein set forth, the director of the budget is 52 authorized to allocate to the various departments and agencies, from any 53 appropriations available in any fund, the amounts necessary to pay such 54 amounts. The aforementioned appropriations shall be available for payment 55 of any liabilities or obligations incurred prior to April 1, 2020, and/or 56 April 1, 2021 in addition to current liabilities.S. 2505--C 31 A. 3005--C 1 § 18. Notwithstanding any provision of the state finance law or any 2 other provision of law to the contrary, the sum of sixty-seven million, 3 five hundred thousand dollars ($67,500,000) is hereby appropriated in the 4 general fund/state purposes account (10050) in miscellaneous-all state 5 departments and agencies solely for apportionment/transfer by the direc- 6 tor of the budget for use by any state department or agency in any fund 7 for the period April 1, 2015 through March 31, 2022 to supplement appro- 8 priations for personal service, other than personal service and fringe 9 benefits, and to carry out the provisions of this act. No money shall be 10 available for expenditure from this appropriation until a certificate of 11 approval has been issued by the director of the budget and a copy of such 12 certificate or any amendment thereto has been filed with the state comp- 13 troller, the chair of the senate finance committee and the chair of the 14 assembly ways and means committee. The monies hereby appropriated are 15 available for payment of any liabilities or obligations incurred prior to 16 or during the period April 1, 2015 through March 31, 2022. For this 17 purpose, the monies appropriated shall remain in full force and effect 18 for the payment of liabilities incurred on or before March 31, 2022. 19 § 19. Notwithstanding any provision of the state finance law or any 20 other provision of law to the contrary, the several amounts as hereinaft- 21 er set forth, or so much thereof as may be necessary, are hereby appro- 22 priated from the fund so designated for use by any state department or 23 agency for the period April 1, 2015 through March 31, 2022 to supplement 24 appropriations from each respective fund available for other than 25 personal service and fringe benefits, and to carry out the provisions of 26 this act. The monies hereby appropriated are available for the payment of 27 any liabilities or obligations incurred prior to or during the period 28 commencing April 1, 2015 through March 31, 2022. No money shall be 29 available for expenditure from the monies appropriated until a certif- 30 icate of approval has been issued by the director of the budget and a 31 copy of such certificate or any amendment thereto has been filed with the 32 state comptroller, the chair of the senate finance committee and the 33 chair of the assembly ways and means committee. Notwithstanding the 34 provisions of any other section of this act, the salary increases, and 35 lump sum payments provided for in this act shall not be implemented until 36 the director of employee relations has delivered notice to the director 37 of the budget and the comptroller that a Final Decision and Award has 38 been issued and signed by the interest arbitration panel so that such 39 amounts may be paid. 40 ALL STATE DEPARTMENTS AND AGENCIES 41 SPECIAL PAY BILLS 42 General Fund / State Operations 43 State Purposes Account - 003 44 NONPERSONAL SERVICE 45 Joint committee on health benefits ................ 15,782 46 Contract administration ........................... 30,000 47 Education and Training ............................ 91,337 48 Education and Training - Management Directed ...... 55,746 49 Employee Assistance Program ....................... 13,810 50 Organizational Alcohol Program .................... 21,441 51 Legal Defense Fund ................................ 10,000 52 Quality of Work Life Initiatives .................. 67,420 53 Employee Benefit Fund ............................ 198,175S. 2505--C 32 A. 3005--C 1 § 20. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 1, 2015. 3 PART WW 4 Section 1. The section heading of section 421-f of the real property 5 tax law, as amended by chapter 590 of the laws of 1994, is amended to 6 read as follows: 7 Exemption of capital improvements to residential buildings and certain 8 new construction. 9 § 2. Section 421-f of the real property tax law is amended by adding a 10 new subdivision 1-a to read as follows: 11 1-a. Buildings classified as class one property in section eighteen 12 hundred two of this chapter reconstructed, altered, improved, or newly 13 constructed in a special assessing unit that is not a city shall be 14 exempt from taxation and special ad valorem levies to the extent 15 provided hereinafter in the same manner and to the same extent to coun- 16 ty, town, special district and school district taxes levied on the 17 assessment roll prepared by such special assessing unit. Additional 18 buildings and yard improvements shall be excluded from receiving this 19 exemption. An application shall not be required to receive the 20 exemption. 21 § 3. Subdivisions 2 and 3 of section 421-f of the real property tax 22 law, as amended by chapter 590 of the laws of 1994, subparagraph (ii) of 23 paragraph (a) of subdivision 2 and subdivision 3 as further amended by 24 subdivision (b) of section 1 of part W of chapter 56 of the laws of 25 2010, are amended to read as follows: 26 2. (a) Such buildings shall be exempt for a period of one year to the 27 extent of one hundred per centum of the increase in assessed value ther- 28 eof attributable to such reconstruction, alteration or improvement, and 29 new construction pursuant to subdivision one-a of this section, and for 30 an additional period of seven years subject to the following: 31 (i) The extent of such exemption shall be decreased by twelve and 32 one-half per centum of the "exemption base" each year during such addi- 33 tional period. The "exemption base" shall be the increase in assessed 34 value as determined in the initial year of the term of the exemption, 35 except as provided in subparagraph (ii) of this paragraph. 36 (ii) In any year in which a change in level of assessment of fifteen 37 percent or more is certified for a final assessment roll pursuant to the 38 rules of the commissioner, the exemption base shall be multiplied by a 39 fraction, the numerator of which shall be the total assessed value of 40 the parcel on such final assessment roll (after accounting for any phys- 41 ical or quantity changes to the parcel since the immediately preceding 42 assessment roll), and the denominator of which shall be the total 43 assessed value of the parcel on the immediately preceding final assess- 44 ment roll. The result shall be the new exemption base. The exemption 45 shall thereupon be recomputed to take into account the new exemption 46 base, notwithstanding the fact that the assessor receives certification 47 of the change in level of assessment after the completion, verification 48 and filing of the final assessment roll. In the event the assessor does 49 not have custody of the roll when such certification is received, the 50 assessor shall certify the recomputed exemption to the local officers 51 having custody and control of the roll, and such local officers are 52 hereby directed and authorized to enter the recomputed exemption certi- 53 fied by the assessor on the roll. The assessor shall give written notice 54 of such recomputed exemption to the property owner, who may, if he orS. 2505--C 33 A. 3005--C 1 she believes that the exemption was recomputed incorrectly, apply for a 2 correction in the manner provided by title three of article five of this 3 chapter for the correction of clerical errors. 4 (iii) [Such] Except in a special assessing unit that is not a city, 5 such exemption shall be limited to eighty thousand dollars in increased 6 market value, or such other sum less than eighty thousand dollars, but 7 not less than five thousand dollars as may be provided by the local law 8 or resolution, of the property attributable to such reconstruction, 9 alteration or improvement and any increase in market value greater than 10 such amount shall not be eligible for the exemption pursuant to this 11 section. In a special assessing unit that is not a city, the exemption 12 shall be limited to seven hundred fifty thousand dollars in increased 13 market value. For the purposes of this section, the market value of the 14 reconstruction, alteration or improvement, or new construction as 15 authorized by subdivision one-a of this section, shall be equal to the 16 increased assessed value attributable to such reconstruction, alteration 17 [or], improvement or new construction divided by the class [I] one ratio 18 in a special assessing unit or the most recently established state 19 equalization rate or special equalization rate in the remainder of the 20 state, except where the state equalization rate or special equalization 21 rate equals or exceeds ninety-five percent, in which case the increase 22 in assessed value attributable to such reconstruction, alteration [or], 23 improvement or new construction shall be deemed to equal the market 24 value of such reconstruction, alteration or improvement. 25 (b) [No] Except in a special assessing unit that is not a city, no 26 such exemption shall be granted for reconstruction, alterations or 27 improvements unless: 28 (i) such reconstruction, alteration or improvement was commenced 29 subsequent to the effective date of the local law or resolution adopted 30 pursuant to subdivision one of this section; and 31 (ii) the value of such reconstruction, alteration or improvement 32 exceeds three thousand dollars; and 33 (iii) the greater portion, as so determined by square footage, of the 34 building reconstructed, altered or improved is at least five years old. 35 (c) For purposes of this section the terms reconstruction, alteration 36 and improvement shall not include ordinary maintenance and repairs. 37 3. [Such] Except in a special assessing unit that is not a city, such 38 exemption shall be granted only upon application by the owner of such 39 building on a form prescribed by the commissioner. The application shall 40 be filed with the assessor of the city, town, village or county having 41 the power to assess property for taxation on or before the appropriate 42 taxable status date of such city, town, village or county. In a special 43 assessing unit that is not a city, the exemption shall be applied based 44 upon that completion of reconstruction, alteration, improvement or new 45 construction on or before the applicable taxable status date of the 46 special assessing unit; provided, however that the exemption for such 47 reconstruction, alteration, improvement or new construction that 48 occurred after the taxable status date of such special assessing unit 49 for the two thousand nineteen -- two thousand twenty assessment roll 50 and on or before the taxable status date of such special assessing unit 51 for the two thousand twenty -- two thousand twenty-one assessment roll 52 shall be applied beginning with the two thousand twenty-one -- two thou- 53 sand twenty-two assessment roll. 54 § 4. Subdivisions 5, 6 and 7 of section 421-f of the real property tax 55 law, as amended by chapter 590 of the laws of 1994, are amended to read 56 as follows:S. 2505--C 34 A. 3005--C 1 5. For the purposes of this section, except in a special assessing 2 unit that is not a city, a residential building shall mean any building 3 or structure designed and occupied exclusively for residential purposes 4 by not more than two families. 5 6. In the event that a building granted an exemption pursuant to this 6 section ceases to be used primarily for residential purposes [or], is no 7 longer classified as class one property in a special assessing unit that 8 is not a city, or title thereto is transferred to other than the heirs 9 or distributees of the owner in other than a special assessing unit that 10 is not a city, the exemption granted pursuant to this section shall 11 cease. 12 7. (a) [A] Except for a special assessing unit that is not a city, a 13 county, city, town or village may, by its local law, or school district, 14 by its resolution: 15 (i) reduce the per centum of exemption otherwise allowed pursuant to 16 this section; 17 (ii) limit eligibility for the exemption to those forms of recon- 18 struction, alterations or improvements as are prescribed in such local 19 law or resolution; 20 (iii) provide that the exemption shall be applicable only to those 21 improvements which would otherwise result in an increase in the assessed 22 valuation of the real property but which consist of an addition, remod- 23 eling or modernization to an existing residential structure to prevent 24 physical deterioration of the structure or to comply with applicable 25 building, sanitary, health and/or fire codes. 26 (b) No such local law or resolution shall reduce or repeal an 27 exemption granted pursuant to this section until the expiration of the 28 period for which such exemption was granted. 29 § 5. Effect of exemption. A special assessing unit that is not a city 30 shall not consider property exempt pursuant to subdivision 1-a of 31 section 421-f of the real property tax law when calculating tax rates or 32 when apportioning taxes among classes under article 18 of the real prop- 33 erty tax law. 34 § 6. Severability. If any clause, sentence, paragraph, section or part 35 of this act shall be adjudged by any court of competent jurisdiction to 36 be invalid and after exhaustion of all further judicial review, the 37 judgment shall not affect, impair or invalidate the remainder thereof, 38 but shall be confined in its operation to the clause, sentence, para- 39 graph, section or part of this act directly involved in the controversy 40 in which the judgment shall have been rendered. 41 § 7. This act shall take effect immediately; provided however, that 42 subdivision 1-a and the amendments made to the section heading and 43 subdivisions 2, 3, 5, 6 and 7 of section 421-f of the real property tax 44 law by sections one through four of this act shall apply only to the 45 2021-2022, 2022-2023, 2023-2024 and 2024-2025 assessment rolls of the 46 county of Nassau, and shall expire and be deemed repealed January 1, 47 2026. 48 PART XX 49 Section 1. Section 1 of subpart H of part C of chapter 20 of the laws 50 of 2015, appropriating money for certain municipal corporations and 51 school districts, as amended by section 1 of part AAA of chapter 59 of 52 the laws of 2018, is amended to read as follows: 53 Section 1. Contingent upon available funding, and not to exceed 54 [$69,000,000] $140,000,000 moneys from the urban development corporationS. 2505--C 35 A. 3005--C 1 shall be available for a local government entity, which for the purposes 2 of this section shall mean a county, city, town, village, school 3 district or special district, where (i) on or after June 25, 2015, an 4 electric generating facility located within such local government entity 5 has ceased operations, and (ii) the closing of such facility has caused 6 a reduction in the real property tax collections or payments in lieu of 7 taxes of at least twenty percent owed by such electric generating facil- 8 ity. Such moneys attributable to the cessation of operations, shall be 9 paid annually on a first come, first served basis by the urban develop- 10 ment corporation to such local government entity within a reasonable 11 time upon confirmation from the state office of real property tax 12 services or the local industrial development authority established 13 pursuant to titles eleven and fifteen of article eight of the public 14 authorities law, or the local industrial development agency established 15 pursuant to article eighteen-A of the general municipal law that such 16 cessation has resulted in a reduction in the real property tax 17 collections or payments in lieu of taxes, provided, however, that the 18 urban development corporation shall not provide assistance to such local 19 government entity for more than seven years, and shall award payments 20 reflecting the loss of revenues due to the cessation of operations as 21 follows: 22 Award Year Maximum Potential Award 23 1 no more than eighty percent of loss of revenues 24 2 no more than seventy percent of loss of revenues 25 3 no more than sixty percent of loss of revenues 26 4 no more than fifty percent of loss of revenues 27 5 no more than forty percent of loss of revenues 28 6 no more than thirty percent of loss of revenues 29 7 no more than twenty percent of loss of revenues 30 A local government entity shall be eligible for only one payment of 31 funds hereunder per year. A local government entity may seek assistance 32 under the electric generation facility cessation mitigation fund once a 33 generator has submitted its notice to the federally designated electric 34 bulk system operator (BSO) serving the state of New York of its intent 35 to retire the facility or of its intent to voluntarily remove the facil- 36 ity from service subject to any return-to-service provisions of any 37 tariff, and that the facility also is ineligible to participate in the 38 markets operated by the BSO. The date of submission of a local govern- 39 ment entity's application for assistance shall establish the order in 40 which assistance is paid to program applicants, except that in no event 41 shall assistance be paid to a local government entity until such time 42 that an electric generating facility has retired or become ineligible to 43 participate in the markets operated by the BSO. For purposes of this 44 section, any local government entity seeking assistance under the elec- 45 tric generation facility cessation mitigation fund must submit an attes- 46 tation to the department of public service that a facility is no longer 47 producing electricity and is no longer participating in markets operated 48 by the BSO. After receipt of such attestation, the department of public 49 service shall confirm such information with the BSO. In the case that 50 the BSO confirms to the department of public service that the facility 51 is no longer producing electricity and participating in markets operated 52 by such BSO, it shall be deemed that the electric generating facility 53 located within the local government entity has ceased operation. The 54 department of public service shall provide such confirmation to theS. 2505--C 36 A. 3005--C 1 urban development corporation upon receipt. The determination of the 2 amount of such annual payment shall be determined by the president of 3 the urban development corporation based on the amount of the differen- 4 tial between the annual real property taxes and payments in lieu of 5 taxes imposed upon the facility, exclusive of interest and penalties, 6 during the last year of operations and the current real property taxes 7 and payments in lieu of taxes imposed upon the facility, exclusive of 8 interest and penalties. The total amount awarded from this program shall 9 not exceed [$69,000,000] $140,000,000. 10 § 2. Section 4 of subpart H of part C of chapter 20 of the laws of 11 2015, appropriating money for certain municipal corporations and school 12 districts, is amended to read as follows: 13 § 4. This act shall take effect immediately and shall expire and be 14 deemed repealed by July 1, 2025; provided, however, a local government 15 which has not completed its seven years of assistance prior to such date 16 shall continue to receive funding until such seven year timeframe is 17 complete. 18 § 3. This act shall take effect immediately; provided, however, that 19 the amendments to section 1 of subpart H of part C of chapter 20 of the 20 laws of 2015 made by section one of this act shall not affect the repeal 21 of such subpart and shall be deemed repealed therewith. 22 PART YY 23 Section 1. Section 15 of part OO of chapter 54 of the laws of 2016, 24 amending the public authorities law relating to procurements by the New 25 York City transit authority and the metropolitan transportation authori- 26 ty, is amended to read as follows: 27 § 15. This act shall take effect immediately, and shall expire and be 28 deemed repealed April 1, [2021] 2024. 29 § 2. This act shall take effect immediately. 30 PART ZZ 31 Section 1. The environmental conservation law is amended by adding a 32 new section 11-0935 to read as follows: 33 § 11-0935. Deer hunting pilot program. 34 1. Notwithstanding subdivision one-a of section 11-0701 and the cross- 35 bow prohibition of subdivision one of section 11-0929, a hunting license 36 holder who is twelve or thirteen years of age may hunt deer with a 37 crossbow, rifle, shotgun, or muzzle-loading firearm as provided in this 38 title in an eligible area provided that: 39 (a) such minor is accompanied by their parent or legal guardian, or by 40 a person designated in writing by such parent or legal guardian on a 41 form prescribed by the department who is twenty-one years of age or 42 older; and 43 (b) such parent, guardian or person has had at least three year's 44 experience in hunting deer; and 45 (i) such parent, guardian or person holds a hunting license; and 46 (ii) such parent, guardian or person maintains physical control over 47 the minor at all times while hunting. For the purposes of this paragraph 48 "physical control" shall mean that the physical proximity of such minor 49 to the parent, guardian or person is such that the parent, guardian or 50 person is reasonably able to issue verbal directions and instructions, 51 maintain constant visual contact, and otherwise provide guidance and 52 supervision to the minor; andS. 2505--C 37 A. 3005--C 1 (iii) such parent, guardian or person and the minor remain at ground 2 level at all times while hunting; and 3 (c) such parent, guardian or person and the minor shall each display 4 either a minimum total of two hundred fifty square inches of solid 5 fluorescent orange or pink or patterned fluorescent orange or pink 6 consisting of no less than fifty percent fluorescent orange or pink 7 material worn above the waist and visible from all directions, or a hat 8 or cap with no less than fifty percent of the exterior consisting of 9 solid fluorescent orange or pink material and visible from all 10 directions. 11 2. For the purposes of this section "eligible area" shall include a 12 county that has passed a local law authorizing participation in the 13 pilot program and has notified the department of such participation, 14 provided, however, that the following counties: Westchester; Richmond; 15 Bronx; New York; Kings; Queens; Nassau; and Suffolk shall not be deemed 16 to be eligible. 17 3. The department shall prepare a report by February first of each 18 year including the following information at a minimum: number of 19 violations; hunting related incidents and revocations pursuant to 20 section 11-0719; the number of counties participating; the number of 21 minors participating; and the number of deer taken. 22 § 2. This act shall take effect June 1, 2021 and shall expire and be 23 deemed repealed December 31, 2023. 24 PART AAA 25 Section 1. Notwithstanding the contrary provisions of section 9-0501 26 of the environmental conservation law and the contrary provisions of the 27 public lands law, the department of environmental conservation is 28 authorized to grant easements for buried electric cables on real proper- 29 ty within the Farmersville State Forest, Lost Nation State Forest, and 30 Swift Hill State Forest, which meet the following conditions: 31 (a) The easements are for buried electric cables which are part of a 32 wind powered electric generation project located in the towns of Rush- 33 ford, Farmersville, Arcade, Centerville, Freedom, and Machias. 34 (b) The easements are for a portion of properties located within Farm- 35 ersville State Forest, Lost Nation State Forest, and Swift Hill State 36 Forest owned by the state and managed by the department of environmental 37 conservation. To avoid impacts to these three state forests associated 38 with the placement of buried electric cables serving the aforementioned 39 wind-powered electric generation project and consistent with the certif- 40 ication and approval of the project pursuant to article 10 of the public 41 service law, the electric cables in these three state forests shall be 42 installed underground, directional boring shall be used to install such 43 underground cables, and, for the duration of and in connection with the 44 easements granted, no trees shall be removed from these three state 45 forests before, during or after installation of such buried cables. The 46 buried cables shall be: 47 (1) located underground for approximately 500 feet between turbines 48 101 and 102 (which are sited on private land), and passing below a 49 section of Farmersville State Forest in Cattaraugus County; 50 (2) located underground for approximately 1,600 feet on the south side 51 of Hess Road along the Farmersville State Forest boundary in Cattaraugus 52 County, turning southwest to follow an existing track for approximately 53 420 feet, and continuing west along the northern parcel boundary forS. 2505--C 38 A. 3005--C 1 approximately 1,300 feet to the property line, to connect turbines 100 2 and 104 (both sited on private land); 3 (3) located underground for approximately 2,950 feet along the west 4 side of North Hill Road in Lost Nation State Forest in Allegany County 5 to connect turbines 73, 75, 76, and 77 (all sited on private land) to 6 the rest of the project; and 7 (4) located underground for approximately 1,150 feet on the east side 8 of Rushford Road, along the western edge of Swift Hill State Forest in 9 Allegany County to connect turbines 124 and 125 (both sited on private 10 land) to the rest of the project. 11 (c) The easements will be conveyed by the department of environmental 12 conservation and take effect only in the event the underground cables 13 proposed to be on such easement lands are certified and approved as part 14 of a wind powered electric generation facility pursuant to article 10 of 15 the public service law. 16 (d) The easements shall terminate when the associated wind powered 17 electric generation project ceases to operate for 18 months as set forth 18 in the easements and the easements shall then revert to the state to be 19 managed by the department of environmental conservation as state forest 20 land. 21 (e) The use of chemicals/herbicides for clearing said easements is 22 prohibited unless prior approval for the same is granted by the depart- 23 ment of environmental conservation, division of lands and forests. 24 § 2. (a) In entering into the easements described in section one of 25 this act, the department of environmental conservation is authorized to 26 grant such easements for fair market value plus twenty percent of the 27 value of the easements plus one hundred thousand dollars upon applica- 28 tion by Alle-Catt Wind Energy LLC. 29 (b) An amount, not less than fair market value plus twenty percent of 30 the value of the easements plus one hundred thousand dollars shall be 31 used to obtain for the state an interest in real property for open space 32 purposes in region 9 of the department of environmental conservation 33 from the regional priority conservation projects list in region 9 as 34 part of this state's open space conservation plan. The total payment for 35 such acquisition or acquisitions shall not be less than the value of the 36 easements to be conveyed by the state plus twenty percent of the value 37 of such easements plus one hundred thousand dollars. 38 (c) Any monies received by the department of environmental conserva- 39 tion from Alle-Catt Wind Energy LLC in consideration of these easements 40 shall be deposited into the state environmental protection fund, as 41 established in section 92-s of the state finance law, until such time as 42 they can be used towards the purchase of the real property as contem- 43 plated in subdivision (b) of this section. 44 (d) The description of the easements to be conveyed by this act is not 45 intended to be a legal description, but is intended to identify the 46 easements to be conveyed. As a condition of conveyance Alle-Catt Wind 47 Energy LLC shall submit to the commissioner of environmental conserva- 48 tion for his or her approval an accurate survey and description of lands 49 generally described in this section which may be used in the conveyance 50 thereof. 51 (e) The grant of the easements is conditioned on the issuance of 52 certificates of environmental compatibility and public need pursuant to 53 the provisions of article 10 of the public service law. 54 § 3. The commissioner of environmental conservation may prescribe 55 additional terms for such exchange of real property. Such contract shall 56 not become binding upon the state until approved by the state comp-S. 2505--C 39 A. 3005--C 1 troller. Title to the land to the people of the state of New York pursu- 2 ant to the provisions of such contract shall be approved by the attorney 3 general, and the deed to the state shall be approved by him or her as to 4 form and manner of execution and recordability before such deed shall be 5 accepted on behalf of the state. Notwithstanding the contrary provisions 6 of the public lands law, the conveyance of the state-owned easements 7 pursuant to such contract shall be without reservation or exception, 8 except as provided for in such contract. Upon certification by the 9 commissioner of environmental conservation to the commissioner of gener- 10 al services of a copy of the contract, and certification that Alle-Catt 11 Wind Energy LLC has complied with all terms and conditions of the 12 contract upon their part to be kept and performed, together with a 13 description of any of the easements to be exchanged, conveyed and/or 14 payments to be made, the commissioner of general services shall convey 15 the easements described in section one of this act in accordance with 16 the provisions of the contract. 17 § 4. This act shall take effect immediately, and shall expire and be 18 deemed repealed five years after such date; provided, however, should 19 the easements be granted within the five years, the term of the ease- 20 ments will establish the end date of the easements. At such time the 21 land will revert back to the state of New York for state forest 22 purposes. 23 PART BBB 24 Section 1. Paragraph (b) of subdivision 5 of section 8-0111 of the 25 environmental conservation law, as amended by chapter 388 of the laws of 26 2011, is amended to read as follows: 27 (b) Actions subject to the provisions requiring a certificate of envi- 28 ronmental compatibility and public need in articles seven, ten and the 29 former article eight of the public service law or requiring a siting 30 permit under section ninety-four-c of the executive law; or 31 § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7 32 of section 94-c of the executive law, as added by section 4 of part JJJ 33 of chapter 58 of the laws of 2020, is amended to read as follows: 34 (i) Notwithstanding any other provision of law, rule, or regulation to 35 the contrary and consistent with appropriations therefor, employees of 36 any state agency who are necessary to the functions of the office and 37 who may be substantially engaged in the performance of its functions 38 shall be transferred to the office in accordance with the provisions of 39 section [seventy-eight] seventy of the civil service law. Employees 40 transferred pursuant to this section shall be transferred without 41 further examination or qualification and shall retain their respective 42 civil service classifications. Nothing set forth in this subdivision 43 shall be construed to impede, infringe, or diminish the rights and bene- 44 fits that accrue to employees through collective bargaining agreements, 45 impact or change an employee's membership in a bargaining unit, or 46 otherwise diminish the integrity of the collective bargaining relation- 47 ship. 48 (d) In addition to the fees established pursuant to paragraph (a) of 49 this subdivision, the office, pursuant to regulations adopted pursuant 50 to this section, may assess a fee for the purpose of recovering [the] 51 costs the office incurs [related to reviewing and processing an applica-52tion submitted under this section]. 53 § 3. Section 94-c of the executive law is amended by adding a new 54 subdivision 8 to read as follows:S. 2505--C 40 A. 3005--C 1 8. Farmland protection working group. (a) There is hereby created in 2 the executive department a farmland protection working group consisting 3 of appropriate stakeholders, including but not limited to: 4 (i) the commissioner of the department of agriculture and markets; 5 (ii) the commissioner of the department of environmental conservation; 6 (iii) the executive director of the office; 7 (iv) the commissioner of the department of public service; 8 (v) the president of the New York state energy research and develop- 9 ment authority; 10 (vi) local government officials or representatives from municipal 11 organizations representing towns, villages, and counties; 12 (vii) representatives from at least two county agricultural and farm- 13 land protection boards. 14 (b) The working group shall, no later than one year after the effec- 15 tive date of this subdivision, recommend strategies to encourage and 16 facilitate input from municipalities in the siting process and to devel- 17 op recommendations that include approaches to recognize the value of 18 viable agricultural land and methods to minimize adverse impacts to any 19 such land resulting from the siting of major renewable energy facili- 20 ties. 21 (c) The working group, on call of the commissioner of the department 22 of agriculture and markets, shall meet at least three times each year 23 and at such other times as may be necessary. 24 § 4. This act shall take effect immediately and shall be deemed to 25 have been in full force and effect on and after April 3, 2020; provided, 26 however, that the amendments to section 94-c of the executive law, made 27 by sections two and three of this act, shall not affect the repeal of 28 such section and shall be deemed repealed therewith. 29 PART CCC 30 Section 1. Section 54-1521 of the environmental conservation law, as 31 added by section 5 of part U of chapter 58 of the laws of 2016, is 32 amended to read as follows: 33 § 54-1521. Clean vehicle projects. 34 1. As used in this section, the following terms shall have the follow- 35 ing meanings: 36 a. "eligible infrastructure project" shall mean any facility (not 37 including a building and its structural components) that is publicly 38 available and used primarily for the public charging and/or fueling of 39 eligible vehicles [which meet the eligible vehicle definition] as 40 defined in this section, including but not limited to fast chargers, 41 that has received required federal, state and local permits and authori- 42 zations, and complies with applicable zoning ordinances. 43 b. "eligible purchase" shall mean the purchase by a municipality to 44 own or lease for a period of not less than thirty-six months of an 45 eligible vehicle placed into service on or after April first, two thou- 46 sand sixteen at a dealer located within New York. 47 c. "eligible vehicle" means and includes a new motor vehicle that: 48 (i) has four wheels; 49 (ii) was manufactured for use primarily on public streets, roads and 50 highways; 51 (iii) the powertrain of which has not been modified from the original 52 manufacturer's specifications; 53 (iv) [is rated at not more than eight thousand five hundred pounds54gross vehicle weight;S. 2505--C 41 A. 3005--C 1(v)] has a maximum speed capability of at least fifty-five miles per 2 hour; and 3 [(vi)] (v) is propelled at least in part by an electric motor and 4 associated power electronics which provide acceleration torque to the 5 drive wheels sometime during normal vehicle operation, and that draws 6 electricity from a hydrogen fuel cell or from a battery that: 7 (A) has a capacity of not less than four kilowatt hours; and 8 (B) is capable of being recharged from an external source of electric- 9 ity. 10 2. a. Until April 1, [2023] 2025, the commissioner, in consultation 11 with the New York state energy research and development authority, is 12 authorized to issue rebates until the annual allocation is exhausted to 13 municipalities toward the cost of any eligible infrastructure projects 14 which support the development of clean vehicles. 15 b. The department, in consultation with the New York state energy 16 research and development authority, shall determine the amount of the 17 rebate for eligible infrastructure projects, provided that an applicant 18 for such eligible infrastructure project rebate may receive a maximum 19 rebate of two hundred fifty thousand dollars per facility, provided 20 however that infrastructure projects that will maximize access by multi- 21 ple public users who might otherwise not have access may receive a maxi- 22 mum of three hundred thousand dollars per facility. 23 3. a. Until April 1, [2023] 2025, the commissioner, in consultation 24 with the New York state energy research and development authority, is 25 authorized to issue rebates until the annual allocation is exhausted to 26 municipalities toward the cost of eligible purchases of clean vehicles. 27 b. The department, in consultation with the New York state energy 28 research and development authority, shall determine the amount of the 29 rebate taking into consideration the electric range of the vehicle, 30 provided that a rebate of an eligible purchase shall be not less than 31 [seven hundred fifty] two thousand five hundred dollars per vehicle and 32 not more than seven thousand five [thousand] hundred dollars per vehi- 33 cle. 34 4. The department, in consultation with the New York state energy 35 research and development authority, shall promulgate rules to implement 36 and administer this title including rules relating to the forms required 37 to claim a rebate, the required documentation for establishing eligibil- 38 ity for a rebate, procedures and guidelines for claiming a rebate, and 39 the collection of economic impact data from applicants and any other 40 requirements the department and New York state energy research and 41 development authority deem necessary. The department shall determine and 42 publish on its website on an ongoing basis the amount of available fund- 43 ing for rebates remaining in each fiscal year. 44 5. No later than April first, two thousand eighteen and annually ther- 45 eafter, the department shall issue a report to the temporary president 46 of the senate and the speaker of the assembly detailing the status of 47 its program to encourage the deployment of clean vehicles. Such report 48 shall include: 49 a. the amount of funding dedicated by the department for the program 50 in the preceding year; 51 b. the [amount] number of eligible purchases and eligible infrastruc- 52 ture projects for which a rebate was awarded; 53 c. the amount and geographic distribution of rebates; and 54 d. any other information the department deems necessary. 55 § 2. This act shall take effect April 1, 2021.S. 2505--C 42 A. 3005--C 1 PART DDD 2 Section 1. Subdivision 5 of section 1902 of the public authorities 3 law, as added by section 6 of part JJJ of chapter 58 of the laws of 4 2020, is amended to read as follows: 5 5. Notwithstanding title five-A of article nine of this chapter or 6 section two thousand eight hundred twenty-seven-a of this chapter, 7 establish a build-ready program, including eligibility and other crite- 8 ria, pursuant to which the authority would, through a competitive and 9 transparent bidding process, and using single purpose project holding 10 companies established by or on behalf of the authority and having no 11 separate and independent operational control, acquire, sell and transfer 12 rights and other interests in build-ready sites and development rights 13 to developers for the purpose of facilitating the development of renewa- 14 ble energy facilities on such build-ready sites, which single purpose 15 project holding companies shall be subject to the laws of this chapter 16 until conveyed to third parties. Such transactions may include the 17 transfer of rights, interests and obligations existing under agreements 18 providing for host community benefits negotiated by the authority pursu- 19 ant to programs established pursuant to subdivision six of this section 20 on such terms and conditions as the authority deems appropriate; 21 § 2. This act shall take effect immediately and shall expire and be 22 deemed repealed three years after such date; provided however, that the 23 amendments to section 1902 of the public authorities law made by section 24 one of this act shall not affect the repeal of such section and shall be 25 deemed repealed therewith. 26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 27 sion, section or part of this act shall be adjudged by any court of 28 competent jurisdiction to be invalid, such judgment shall not affect, 29 impair, or invalidate the remainder thereof, but shall be confined in 30 its operation to the clause, sentence, paragraph, subdivision, section 31 or part thereof directly involved in the controversy in which such judg- 32 ment shall have been rendered. It is hereby declared to be the intent of 33 the legislature that this act would have been enacted even if such 34 invalid provisions had not been included herein. 35 § 3. This act shall take effect immediately provided, however, that 36 the applicable effective date of Parts A through DDD of this act shall 37 be as specifically set forth in the last section of such Parts.
