Bill Text: NY A03008 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2023-2024 state fiscal year; extends provisions of law relating to certain tax increment financing provisions; relates to contracts entered into by the metropolitan commuter transportation district; extends certain metropolitan transportation authority procurement provisions; relates to contracts for procurement for the New York city transit authority (Part C); relates to funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses (Part D); extends provisions related to the resolution of labor disputes (Part G); extends certain provisions relating to motor vehicles equipped with autonomous vehicle technology (Part J); changes retention percentage of certain motor vehicle related fees collected by county clerks (Part M); increases the metropolitan commuter transportation mobility tax rate for certain employers and individuals (Part Q); provides for the disposition of money from certain gaming activity (Part R); extends provisions of the New York state health insurance continuation assistance demonstration project (Part U); provides for the ability to exempt individuals with disabilities from certain in person meeting participation requirements (Part X); requires the dormitory authority to submit an annual report on the pilot program for the procurement of goods or services from, or for the construction, reconstruction, rehabilitation or improvement of facilities by small businesses and minority-owned and women-owned business enterprises, that shall include a description of such procurement; extends the effectiveness of certain provisions relating thereto (Part BB); establishes a matching grant program for certain small businesses receiving funding under the federal small business innovation research program or the small business technology transfer program (Part DD); provides for a Battery Park city authority bond cap increase (Part EE); increases amounts of the linked loans in the excelsior linked deposit program (Part FF); extends the authority of the New York state urban development corporation act to make loans (Part GG); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part JJ); extends the authority of the dormitory authority to enter into certain design and construction management agreements (Part LL); provides for an increase in fees collected from residents and non-residents registering snowmobiles (Part MM); relates to purchase contracts for New York State grown, harvested, or produced food and food products (Part OO); extends provisions of the youth deer hunting program (Part RR); relates to pesticide registration timetables and fees (Part SS); enacts the "Suffolk county water quality restoration act" (Part TT); provides a period of probable usefulness of 30 years for lead service line replacement programs as a capital asset (Part UU); authorizes utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues (Part VV); provides for expenditures of moneys by the New York state energy research and development authority (Part ZZ); provides that the commissioner of motor vehicles may issue or renew any certificate of registration issued to a franchisor, manufacturer, distributor, distributor branch or factory branch, or to any subsidiary, affiliate or controlled entity thereof, provided that such certificate shall be issued exclusively for the sale of buses where the purchaser is a public transportation provider (Part BBB); relates to requirements of the transportation authority regarding publishing information on its capital program dashboard website for projects related to accessibility or resiliency, and to requirements of the metropolitan transportation authority regarding publishing certain financial reports on its website (Part CCC); establishes the New York youth jobs connector program to connect unemployed and underemployed individuals between the ages of sixteen and twenty-four with targeted educational, occupational, and training services; and requiring reporting from the office of strategic workforce development (Part DDD); relates to the waterfront commission of New York harbor (Part EEE); recommissions a statewide disparity study regarding the participation of minority and women-owned business enterprises in state contracts (Part FFF); establishes a small business and entrepreneurs grant program (Part GGG); expands eligibility to the site preparation credit component of the brownfield redevelopment tax credit (Part HHH); directs the state inspector general to appoint an independent monitor for the Orange county industrial development agency (Part III).
Spectrum: Committee Bill
Status: (Introduced) 2023-05-02 - substituted by s4008c [A03008 Detail]
Download: New_York-2023-A03008-Introduced.html
Bill Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2023-2024 state fiscal year; extends provisions of law relating to certain tax increment financing provisions; relates to contracts entered into by the metropolitan commuter transportation district; extends certain metropolitan transportation authority procurement provisions; relates to contracts for procurement for the New York city transit authority (Part C); relates to funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses (Part D); extends provisions related to the resolution of labor disputes (Part G); extends certain provisions relating to motor vehicles equipped with autonomous vehicle technology (Part J); changes retention percentage of certain motor vehicle related fees collected by county clerks (Part M); increases the metropolitan commuter transportation mobility tax rate for certain employers and individuals (Part Q); provides for the disposition of money from certain gaming activity (Part R); extends provisions of the New York state health insurance continuation assistance demonstration project (Part U); provides for the ability to exempt individuals with disabilities from certain in person meeting participation requirements (Part X); requires the dormitory authority to submit an annual report on the pilot program for the procurement of goods or services from, or for the construction, reconstruction, rehabilitation or improvement of facilities by small businesses and minority-owned and women-owned business enterprises, that shall include a description of such procurement; extends the effectiveness of certain provisions relating thereto (Part BB); establishes a matching grant program for certain small businesses receiving funding under the federal small business innovation research program or the small business technology transfer program (Part DD); provides for a Battery Park city authority bond cap increase (Part EE); increases amounts of the linked loans in the excelsior linked deposit program (Part FF); extends the authority of the New York state urban development corporation act to make loans (Part GG); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part JJ); extends the authority of the dormitory authority to enter into certain design and construction management agreements (Part LL); provides for an increase in fees collected from residents and non-residents registering snowmobiles (Part MM); relates to purchase contracts for New York State grown, harvested, or produced food and food products (Part OO); extends provisions of the youth deer hunting program (Part RR); relates to pesticide registration timetables and fees (Part SS); enacts the "Suffolk county water quality restoration act" (Part TT); provides a period of probable usefulness of 30 years for lead service line replacement programs as a capital asset (Part UU); authorizes utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues (Part VV); provides for expenditures of moneys by the New York state energy research and development authority (Part ZZ); provides that the commissioner of motor vehicles may issue or renew any certificate of registration issued to a franchisor, manufacturer, distributor, distributor branch or factory branch, or to any subsidiary, affiliate or controlled entity thereof, provided that such certificate shall be issued exclusively for the sale of buses where the purchaser is a public transportation provider (Part BBB); relates to requirements of the transportation authority regarding publishing information on its capital program dashboard website for projects related to accessibility or resiliency, and to requirements of the metropolitan transportation authority regarding publishing certain financial reports on its website (Part CCC); establishes the New York youth jobs connector program to connect unemployed and underemployed individuals between the ages of sixteen and twenty-four with targeted educational, occupational, and training services; and requiring reporting from the office of strategic workforce development (Part DDD); relates to the waterfront commission of New York harbor (Part EEE); recommissions a statewide disparity study regarding the participation of minority and women-owned business enterprises in state contracts (Part FFF); establishes a small business and entrepreneurs grant program (Part GGG); expands eligibility to the site preparation credit component of the brownfield redevelopment tax credit (Part HHH); directs the state inspector general to appoint an independent monitor for the Orange county industrial development agency (Part III).
Spectrum: Committee Bill
Status: (Introduced) 2023-05-02 - substituted by s4008c [A03008 Detail]
Download: New_York-2023-A03008-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 4008 A. 3008 SENATE - ASSEMBLY February 1, 2023 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the vehicle and traffic law, in relation to owner liability for failure of operator to comply with bus operation-related local law or regulation traffic restrictions and to the adjudication of certain parking infractions; to amend part II of chapter 59 of the laws of 2010, amending the vehicle and traffic law and the public officers law relating to establishing a bus rapid transit demon- stration program to restrict the use of bus lanes by means of bus lane photo devices, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the vehicle and traffic law, in relation to establishing a Triborough bridge and tunnel authority photo speed violation monitor- ing system demonstration program; and providing for the repeal of such provisions upon expiration thereof (Part B); to amend part PP of chap- ter 54 of the laws of 2016, amending the public authorities law relat- ing to the New York transit authority and the metropolitan transporta- tion authority, in relation to making permanent certain tax increment financing provisions; to amend the public authorities law, in relation to contracts entered into by the metropolitan commuter transportation district; 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 extending certain metropolitan transporta- tion authority procurement provisions; to amend the public authori- ties law, in relation to making conforming changes; and to repeal subdivisions 1, 2, 3, 4 and 6 of section 1209 of the public authori- ties law, relating to contracts for public work and purchasing contracts (Part C); to amend the public authorities law and the state finance law, in relation to alignment of transit fare costs; to amend the state finance law, in relation to establishing the Metropolitan transportation authority schoolfare assistance fund; and to amend EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12573-01-3S. 4008 2 A. 3008 part UUU of chapter 58 of the laws of 2020 amending the state finance law relating to providing funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses, in relation to the effectiveness thereof (Part D); to amend the insurance law, in relation to extending owner controlled insurance programs in certain instances (Part E); to amend the vehicle and traf- fic law, in relation to increasing the penalties for purposefully obstructed license plates (Part F); to amend chapter 929 of the laws of 1986 amending the tax law and other laws relating to the metropol- itan transportation authority, in relation to extending certain provisions thereof applicable to the resolution of labor disputes (Part G); to amend the penal law and the vehicle and traffic law, in relation to assaults upon certain employees of a transit agency or authority, highway workers, motor vehicle inspectors, motor carrier investigators, and certain classes of public employees (Part H); to amend the penal law, in relation to transit crimes and prohibition orders relating to such crimes (Part I); to amend part FF of chapter 55 of the laws of 2017 relating to motor vehicles equipped with auton- omous vehicle technology, in relation to the effectiveness thereof (Part J); to amend the vehicle and traffic law, in relation to estab- lishing speed limits in cities with populations in excess of one million people (Part K); to amend the vehicle and traffic law, in relation to certain convictions which shall preclude relicensing of drivers (Part L); to amend the vehicle and traffic law, in relation to county clerk retention of fees (Part M); to amend the vehicle and traffic law, in relation to the increasing fees for violations, to notices of violations and dismissal of violations, and to appeals of final determinations of a hearing examiner (Part N); to amend the transportation law, in relation to allowing for the immediate suspen- sion, seizure, and impoundment of certain passenger carrying vehicles regulated by the department of transportation (Part O); to amend the vehicle and traffic law, in relation to requiring the driver of a vehicle involved in an accident involving no personal injury or death, to move the vehicle to a safe location in the vicinity of the incident (Part P); to amend the tax law, in relation to the metropolitan commu- ter transportation mobility tax rate; and providing for the repeal of certain provisions upon the expiration thereof (Part Q); to amend the racing, pari-mutuel wagering and breeding law, the state finance law and the public authorities law, in relation to the disposition of money from certain gaming activity; and providing for the repeal of such provisions upon expiration thereof (Part R); to amend the banking law, in relation to authorizing the department of financial services to promulgate regulations relating to the payment of debit and credit transactions and imposition of related fees by banking organizations (Part S); to amend the real property law, in relation to condominium declarations; and to repeal certain provisions of such law relating thereto (Part T); to amend chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness thereof (Part U); to amend the gener- al business law, the not-for-profit corporation law and the public health law, in relation to creating a natural organic reduction proc- ess (Part V); to amend the insurance law, in relation to inspections of automobiles; and providing for the repeal of such provisions upon expiration thereof (Part W); to amend the public officers law, in relation to providing virtual meeting flexibility for public bodiesS. 4008 3 A. 3008 serving individuals with disabilities (Part X); to amend the general business law, in relation to reducing barriers to occupational licens- ing for cosmetologists (Part Y); to amend the New York state medical care facilities finance agency act, in relation to the ability to issue certain bonds and notes (Part Z); to amend the public authori- ties law, in relation to authorizing the dormitory authority to provide its services to recipients of grants and loans from the down- town revitalization program and NY forward program (Part AA); to amend chapter 97 of the laws of 2019 amending the public authorities law relating to the award of contracts to small businesses, minority-owned business enterprises and women-owned business enterprises, in relation to extending the effectiveness thereof (Part BB); to amend the econom- ic development law, the education law, the real property tax law, the tax law, the labor law and the administrative code of the city of New York, in relation to creating the EPIC program (Part CC); to amend the urban development corporation act, in relation to the small business innovation research and small business technology transfer grant programs (Part DD); to amend the public authorities law, in relation to the Battery Park city authority (Part EE); to amend the state finance law, in relation to the excelsior linked deposit program (Part FF); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act relating to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part GG); to amend the executive law, in relation to reciprocal minority and women-owned business enterprise certification; to amend the state finance law, in relation to discretionary purchases to certified minority and women-owned business enterprises; to amend the New York city charter, in relation to procurements of goods, services and construction; and to repeal certain provisions of the executive law relating thereto (Part HH); to amend the New York city public works investment act, in relation to authorizing the use of certain alternative project delivery methods (Part II); to amend the New York state urban development corporation act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part JJ); to amend the insurance law, in relation to exempting certain public construction projects from certain restrictions (Part KK); to amend part BB of chapter 58 of the laws of 2012, amending the public authorities law, relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to the effectiveness thereof (Part LL); to amend the vehicle and traffic law and the parks, recreation and historic preservation law, in relation to fees for the registra- tion of snowmobiles and fees collected for the snowmobile trail and maintenance fund (Part MM); to amend the navigation law, in relation to equipment to be carried on vessels (Part NN); to amend the general municipal law, in relation to purchase contracts for New York State grown, harvested, or produced food and food products (Part OO); to amend the environmental conservation law, in relation to enacting the "waste reduction and recycling infrastructure act"; and to amend the state finance law, in relation to creating the waste reduction, reuse, and recycling fund (Part PP); to amend the environmental conservation law, in relation to environmental restoration projects; and to repeal certain provisions of law relating thereto (Part QQ); to amend the environmental conservation law and chapter 55 of the laws of 2021 amending the environmental conservation law relating to establishing aS. 4008 4 A. 3008 deer hunting pilot program, in relation to making the youth deer hunt- ing program permanent (Part RR); to amend the environmental conserva- tion law, in relation to pesticide registration timetables and fees and to amend chapter 67 of the laws of 1992, amending the environ- mental conservation law relating to pesticide product registration timetables and fees, in relation to the effectiveness thereof (Part SS); to amend the county law, in relation to enacting the "Suffolk County water quality restoration act", authorizing the county of Suffolk to establish a water quality restoration fund, and authorizing the county of Suffolk to form a county-wide sewer and wastewater management district; and to amend the local finance law, in relation to the period of probable usefulness of septic systems funded by programs established by the county of Suffolk (Part TT); to amend the local finance law, in relation to providing a period of probable usefulness for lead service line replacement programs as a capital asset (Part UU); to authorize utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues (Part VV); to amend the energy law and the execu- tive law, in relation to zero on-site greenhouse gas emissions build- ing codes for new construction, phasing out heating and hot water equipment in existing buildings, and establishing building energy grades (Part WW); to amend the public authorities law and the public service law, in relation to advancing renewable energy development; establishing the renewable energy access and community help program; and providing funding to help prepare workers for employment in the renewable energy field (Part XX); to amend part LL of chapter 58 of the laws of 2019 amending the public authorities law relating to the provision of renewable power and energy by the Power Authority of the State of New York, in relation to extending the effectiveness thereof (Part YY); in relation to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the depart- ment of environmental conservation from an assessment on gas and elec- tric corporations (Part ZZ); and to amend the environmental conserva- tion law, the public authorities law and the state finance law, in relation to the creation of the New York cap and invest program and climate action fund (Part AAA) 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 transportation, economic development 3 and environmental conservation budget for the 2023-2024 state fiscal 4 year. Each component is wholly contained within a Part identified as 5 Parts A through AAA. The effective date for each particular provision 6 contained within such Part is set forth in the last section of such 7 Part. Any provision in any section contained within a Part, including 8 the effective date of the Part, which makes a reference to a section "of 9 this act", when used in connection with that particular component, shall 10 be deemed to mean and refer to the corresponding section of the Part inS. 4008 5 A. 3008 1 which it is found. Section three of this act sets forth the general 2 effective date of this act. 3 PART A 4 Section 1. The vehicle and traffic law is amended by adding a new 5 section 1111-c-1 to read as follows: 6 § 1111-c-1. Owner liability for failure of operator to comply with bus 7 operation-related traffic regulations. (a) Notwithstanding any other 8 provision of law, in accordance with the provisions of this section, the 9 city of New York is hereby authorized and empowered to establish a 10 demonstration program imposing monetary liability on the owner of a 11 vehicle for failure of an operator thereof to comply with bus opera- 12 tion-related traffic regulations, as defined in subdivision (f) of this 13 section. The department of transportation of the city of New York and/or 14 an applicable mass transit agency, shall operate photo devices that may 15 be stationary or mobile and shall be activated at locations determined 16 by such department of transportation and/or on buses selected by the 17 applicable mass transit agency. 18 (b) Any image or images captured by photo devices shall be inadmissi- 19 ble in any disciplinary proceeding convened by the applicable mass tran- 20 sit agency or any subsidiary thereof and any proceeding initiated by the 21 department involving licensure privileges of bus operators. Any mobile 22 bus photo device mounted on a bus shall be directed outwardly from such 23 bus to capture images of vehicles operated in violation of bus opera- 24 tion-related traffic regulations, and images produced by such device 25 shall not be used for any other purpose in the absence of a court order 26 requiring such images to be produced. 27 (c) The city of New York shall adopt and enforce measures to protect 28 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 29 tity and identifying information may be captured by a photo device 30 pursuant to this section. Such measures shall include: 31 1. utilization of necessary technologies to ensure, to the extent 32 practicable, that images produced by such photo devices shall not 33 include images that identify the driver, the passengers, or the contents 34 of a vehicle, provided, however, that no notice of liability issued 35 pursuant to this section shall be dismissed solely because an image 36 allows for the identification of the driver, the passengers or other 37 contents of a vehicle; 38 2. a prohibition on the use or dissemination of vehicles' license 39 plate information and other information and images captured by photo 40 devices except: 41 (i) as required to establish liability under this section or collect 42 payment of penalties; 43 (ii) as required by court order; 44 (iii) as required pursuant to a search warrant issued in accordance 45 with the criminal procedure law or a subpoena; or 46 (iv) as otherwise required by law. 47 3. the installation of signage that is clearly visible to drivers at 48 regular intervals along and adjacent to bus lanes stating that mobile 49 and stationary photo devices are used to enforce restrictions relating 50 to bus operation traffic restrictions including stopping, standing, 51 parking and turning movements, in conformance with standards established 52 in the MUTCD; and 53 4. oversight procedures to ensure compliance with the privacy 54 protection measures under this subdivision.S. 4008 6 A. 3008 1 (d) Warning notices of violation shall be issued during the first 2 sixty days that photo devices pursuant to this section are active and in 3 operation. 4 (e) The owner of a vehicle shall be liable for a penalty imposed 5 pursuant to this section if such vehicle was used or operated with the 6 permission of the owner, express or implied, in violation of any bus 7 operation-related traffic regulations and such violation is evidenced by 8 information obtained from a photo device; provided however that no owner 9 of a vehicle shall be liable for a penalty imposed pursuant to this 10 section where the operator of such vehicle has been convicted of the 11 underlying violation of such bus operation-related traffic regulation. 12 (f) For purposes of this section the following terms shall have the 13 following meanings: 14 1. "owner" shall have the meaning provided in article two-B of this 15 chapter. 16 2. "photo device" shall mean a mobile or stationary device that is 17 capable of operating independently of an enforcement officer and produc- 18 es one or more images of each vehicle at the time it is in violation of 19 a bus operation-related traffic regulation. 20 3. "bus operation-related traffic regulations" shall mean the follow- 21 ing restrictions set forth in chapter four of title thirty-four of the 22 rules of the city of New York: 4-08(c)(3), violation of posted no 23 standing rules prohibited-bus stop; 4-08(e)(9), general no stopping 24 zones-bicycle lanes; 4-08(f)(1), general no standing zones-double park- 25 ing; and 4-08(f)(4), general no standing zones-bus lanes. 26 4. "lessor" means any person, corporation, firm, partnership, agency, 27 association or organization engaged in the business of renting or leas- 28 ing vehicles to any lessee or bailee under a rental agreement, lease or 29 otherwise, wherein the said lessee or bailee has the exclusive use of 30 said vehicle for any period of time. 31 5. "lessee" means any person, corporation, firm, partnership, agency, 32 association or organization that rents, bails, leases or contracts for 33 the use of one or more vehicles and has the exclusive use thereof for 34 any period of time. 35 6. "manual on uniform traffic control devices" or "MUTCD" means the 36 manual and specifications for a uniform system of traffic control 37 devices maintained by the commissioner of transportation pursuant to 38 section sixteen hundred eighty of this chapter. 39 (g) A certificate, sworn to or affirmed by a technician employed by 40 the city of New York in which the charged violation occurred, or a 41 facsimile thereof, based upon inspection of photographs, microphoto- 42 graphs, videotape or other recorded images produced by a photo device, 43 shall be prima facie evidence of the facts contained therein. Any 44 photographs, microphotographs, videotape or other recorded images 45 evidencing such a violation shall be available for inspection in any 46 proceeding to adjudicate the liability for such violation pursuant to 47 this section. 48 (h) An owner liable for a violation under this section shall be liable 49 for monetary penalties in accordance with a schedule of fines and penal- 50 ties promulgated by the parking violations bureau of the city of New 51 York; provided, however, that the monetary penalty for violating a bus 52 operation-related traffic regulation pursuant to this section shall not 53 exceed fifty dollars for a first offense, one hundred dollars for a 54 second offense within a twelve-month period, one hundred fifty dollars 55 for a third offense within a twelve-month period, two hundred dollars 56 for a fourth offense within a twelve-month period, and two hundred fiftyS. 4008 7 A. 3008 1 dollars for each subsequent offense within a twelve-month period; and 2 provided, further, that an owner shall be liable for an additional 3 penalty not to exceed twenty-five dollars for each violation for the 4 failure to respond to a notice of liability within the prescribed time 5 period. 6 (i) An imposition of liability pursuant to this section shall not be 7 deemed a conviction of an operator and shall not be made part of the 8 operating record of the person upon whom such liability is imposed, nor 9 shall it be used for insurance purposes in the provision of motor vehi- 10 cle insurance coverage. 11 (j) 1. A notice of liability pursuant to this section shall be sent by 12 first class mail to each person alleged to be liable as an owner for a 13 violation under this section. Personal delivery to the owner shall not 14 be required. A manual or automatic record of mailing prepared in the 15 ordinary course of business shall be prima facie evidence of the facts 16 contained in such record of mailing. 17 2. A notice of liability pursuant to this section shall contain the 18 name and address of the person alleged to be liable as an owner for a 19 violation, the registration number of the vehicle involved in such 20 violation, the location where such violation took place including the 21 street address or cross streets, one or more images identifying the 22 violation, the date and time of such violation, the identification 23 number of the photo device which recorded the violation or other docu- 24 ment locator number, and whether the device was stationary or mobile. If 25 the photo device was mobile, an identity of the vehicle containing such 26 photo device shall be included in the notice. 27 3. A notice of liability pursuant to this section shall contain infor- 28 mation advising the person charged of the manner and the time in which 29 he or she may contest the liability alleged in the notice. Such notice 30 of liability shall also contain a warning to advise the persons charged 31 that failure to contest in the manner and time provided shall be deemed 32 an admission of liability and that a default judgment may be entered 33 thereon. 34 4. A notice of liability pursuant to this section shall be prepared 35 and mailed by the agency or agencies designated by the city of New York, 36 or any other entity authorized by such city to prepare and mail such 37 notification of violation. 38 (k) Adjudication of the liability imposed upon owners by this section 39 shall be conducted by the New York city parking violations bureau. 40 (l) If an owner of a vehicle receives a notice of liability pursuant 41 to this section for any time period during which such vehicle was 42 reported to the police department as having been stolen, it shall be a 43 valid defense to an allegation of liability that the vehicle had been 44 reported to the police as stolen prior to the time the violation 45 occurred and had not been recovered by such time. For purposes of 46 asserting the defense under this subdivision, it shall be sufficient 47 that a certified copy of the police report on the stolen vehicle be sent 48 by first class mail to the parking violations bureau of the city of New 49 York. 50 (m) 1. An owner who is a lessor of a vehicle to which a notice of 51 liability was issued pursuant to this section shall not be liable for 52 the violation of a bus operation-related traffic regulation, provided 53 that: 54 (i) prior to such violation, the lessor has filed with the parking 55 violations bureau of the city of New York in accordance with the 56 provisions of section two hundred thirty-nine of this chapter; andS. 4008 8 A. 3008 1 (ii) within thirty-seven days after receiving notice from the parking 2 violations bureau of the city of New York of the date and time of a 3 liability, together with the other information contained in the original 4 notice of liability, the lessor submits to such bureau the correct name 5 and address of the lessee of the vehicle identified in the notice of 6 liability at the time of such violation, together with such other addi- 7 tional information contained in the rental, lease or other contract 8 document, as may be reasonably required by such bureau pursuant to regu- 9 lations that may be promulgated for such purpose. Failure to timely 10 submit such information shall render the lessor liable for the penalty 11 prescribed in this section. 12 2. Where the lessor complies with the provisions of subparagraph (i) 13 of paragraph one of this subdivision, the lessee of such vehicle on the 14 date of such violation shall be deemed to be the owner of such vehicle 15 for purposes of this section, shall be subject to liability for such 16 violation pursuant to this section and shall be sent a notice of liabil- 17 ity pursuant to subdivision (j) of this section. 18 (n) If the owner liable for a violation under this section was not the 19 operator of the vehicle at the time of such violation, such owner may 20 maintain an action for indemnification against the operator of the vehi- 21 cle at the time of such violation. 22 (o) Nothing in this section shall be construed to limit the liability 23 of an operator of a vehicle for any violation of a bus operation-related 24 traffic regulation. 25 (p) The city of New York and the applicable mass transit agency shall 26 submit a report on the results of the use of photo devices pursuant to 27 this section to the governor, the temporary president of the senate, and 28 the speaker of the assembly by April first, within twelve months of 29 operation of such photo devices and every two years thereafter. Such 30 report shall include, but not be limited to: 31 1. a description of the locations and/or buses where photo devices 32 were used under this section; 33 2. the total number of violations under this section recorded on a 34 monthly and annual basis; 35 3. the total number of notices of liability issued under this section; 36 4. the number of fines and total amount of fines paid after the first 37 notice of liability under this section; 38 5. the number of violations under this section adjudicated and results 39 of such adjudications including breakdowns of dispositions made; 40 6. the total amount of revenue realized by the city of New York and 41 any participating mass transit agency under this section; 42 7. the quality of the adjudication process under this section and its 43 results; 44 8. the total number of cameras by type of camera used under this 45 section; 46 9. the total cost to the city of New York and the total cost to any 47 participating mass transit agency under this section; and 48 10. a detailed report on the bus speeds, reliability, and ridership 49 before and after implementation of the demonstration program for each 50 bus route, including current statistics. 51 (q) Any revenue from fines and penalties collected pursuant to this 52 section from mobile bus photo devices shall be remitted by the city of 53 New York to the applicable mass transit agency on a quarterly basis to 54 be deposited in the general transportation account of the New York city 55 transportation assistance fund established pursuant to section twelve 56 hundred seventy-i of the public authorities law.S. 4008 9 A. 3008 1 § 2. The opening paragraph of section 14 of part II of chapter 59 of 2 the laws of 2010, amending the vehicle and traffic law and the public 3 officers law relating to establishing a bus rapid transit demonstration 4 program to restrict the use of bus lanes by means of bus lane photo 5 devices, as amended by section 2 of part D of chapter 39 of the laws of 6 2019, is amended to read as follows: 7 This act shall take effect on the ninetieth day after it shall have 8 become a law [and shall expire 15 years after such effective date when9upon such date the provisions of this act shall be deemed repealed]; and 10 provided that any rules and regulations related to this act shall be 11 promulgated on or before such effective date, provided that: 12 § 3. Subdivision 1 of section 235 of the vehicle and traffic law, as 13 separately added by chapters 421, 460, and 773 of the laws of 2021, and 14 paragraph (h) as relettered by chapter 258 of the laws of 2022, is 15 amended to read as follows: 16 1. Notwithstanding any inconsistent provision of any general, special 17 or local law or administrative code to the contrary, in any city which 18 heretofore or hereafter is authorized to establish an administrative 19 tribunal: (a) to hear and determine complaints of traffic infractions 20 constituting parking, standing or stopping violations, or (b) to adjudi- 21 cate the liability of owners for violations of subdivision (d) of 22 section eleven hundred eleven of this chapter imposed pursuant to a 23 local law or ordinance imposing monetary liability on the owner of a 24 vehicle for failure of an operator thereof to comply with traffic-con- 25 trol indications through the installation and operation of traffic-con- 26 trol signal photo violation-monitoring systems, in accordance with arti- 27 cle twenty-four of this chapter, or (c) to adjudicate the liability of 28 owners for violations of subdivision (b), (c), (d), (f) or (g) of 29 section eleven hundred eighty of this chapter imposed pursuant to a 30 demonstration program imposing monetary liability on the owner of a 31 vehicle for failure of an operator thereof to comply with such posted 32 maximum speed limits through the installation and operation of photo 33 speed violation monitoring systems, in accordance with article thirty of 34 this chapter, or (d) to adjudicate the liability of owners for 35 violations of bus lane restrictions as defined by article twenty-four of 36 this chapter imposed pursuant to a bus rapid transit program imposing 37 monetary liability on the owner of a vehicle for failure of an operator 38 thereof to comply with such bus lane restrictions through the installa- 39 tion and operation of bus lane photo devices, in accordance with article 40 twenty-four of this chapter, or (e) to adjudicate the liability of 41 owners for violations of toll collection regulations imposed by certain 42 public authorities pursuant to the law authorizing such public authori- 43 ties to impose monetary liability on the owner of a vehicle for failure 44 of an operator thereof to comply with toll collection regulations of 45 such public authorities through the installation and operation of 46 photo-monitoring systems, in accordance with the provisions of section 47 two thousand nine hundred eighty-five of the public authorities law and 48 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 49 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 50 the liability of owners for violations of section eleven hundred seven- 51 ty-four of this chapter when meeting a school bus marked and equipped as 52 provided in subdivisions twenty and twenty-one-c of section three 53 hundred seventy-five of this chapter imposed pursuant to a local law or 54 ordinance imposing monetary liability on the owner of a vehicle for 55 failure of an operator thereof to comply with school bus red visual 56 signals through the installation and operation of school bus photoS. 4008 10 A. 3008 1 violation monitoring systems, in accordance with article twenty-nine of 2 this chapter, or (g) to adjudicate the liability of owners for 3 violations of section three hundred eighty-five of this chapter and the 4 rules of the department of transportation of the city of New York in 5 relation to gross vehicle weight and/or axle weight violations imposed 6 pursuant to a weigh in motion demonstration program imposing monetary 7 liability on the owner of a vehicle for failure of an operator thereof 8 to comply with such gross vehicle weight and/or axle weight restrictions 9 through the installation and operation of weigh in motion violation 10 monitoring systems, in accordance with article ten of this chapter, or 11 (h) to adjudicate the liability of owners for violations of subdivision 12 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 13 imposed pursuant to a demonstration program imposing monetary liability 14 on the owner of a vehicle for failure of an operator thereof to comply 15 with such posted maximum speed limits within a highway construction or 16 maintenance work area through the installation and operation of photo 17 speed violation monitoring systems, in accordance with article thirty of 18 this chapter, such tribunal and the rules and regulations pertaining 19 thereto shall be constituted in substantial conformance with the follow- 20 ing sections, or (i) to adjudicate the liability of owners for any other 21 violation of a bus operation-related traffic restriction regulation, in 22 accordance with article twenty-four of this chapter. 23 § 4. This act shall take effect immediately; provided that section one 24 of this act shall expire and be deemed repealed five years after it 25 shall have become a law. 26 PART B 27 Section 1. The vehicle and traffic law is amended by adding a new 28 section 1180-f to read as follows: 29 § 1180-f. Owner liability for failure of operator to comply with 30 certain posted maximum speed limits. (a) 1. Notwithstanding any other 31 provision of law, in accordance with the provisions of this subdivision, 32 the Triborough bridge and tunnel authority is hereby authorized to 33 establish a demonstration program pursuant to which the city of New York 34 shall impose monetary liability on the owner of a vehicle for failure of 35 an operator thereof to comply with posted maximum speed limits in TBTA 36 bridge and tunnel zones as provided in subdivision (b), (d), (f) or (g) 37 of section eleven hundred eighty of this article. The Triborough bridge 38 and tunnel authority may install photo speed violation monitoring 39 systems as appropriate, provided, however, in selecting where to install 40 and operate a photo speed violation monitoring system, the Triborough 41 bridge and tunnel authority shall consider criteria including, but not 42 limited to, the speed data, crash history, and the roadway geometry 43 applicable to such bridges and tunnels. The Triborough bridge and tunnel 44 authority shall prioritize the placement of photo speed violation moni- 45 toring systems in bridges and tunnels based upon speed data or the crash 46 history of a bridge and tunnel. A photo speed violation monitoring 47 system shall not be installed or operated on a controlled-access highway 48 exit ramp or within three hundred feet along a highway that continues 49 from the end of a controlled-access highway exit ramp. 50 2. No photo speed violation monitoring system shall be used in a 51 bridge or tunnel unless (i) on the day it is to be used it has success- 52 fully passed a self-test of its functions; and (ii) it has undergone an 53 annual calibration check performed pursuant to paragraph four of this 54 subdivision. The Triborough bridge and tunnel authority shall installS. 4008 11 A. 3008 1 signs bearing the words "photo enforced" below speed limit signs giving 2 written notice to approaching motor vehicle operators that a photo speed 3 violation monitoring system is in use, in conformance with standards 4 established in the MUTCD. 5 3. Operators of photo speed violation monitoring systems shall have 6 completed training in the procedures for setting up, testing, and oper- 7 ating such systems. Each such operator shall complete and sign a daily 8 set-up log for each such system that he or she operates that (i) states 9 the date and time when, and the location where, the system was set up 10 that day, and (ii) states that such operator successfully performed, and 11 the system passed, the self-tests of such system before producing a 12 recorded image that day. The city of New York shall retain each such 13 daily log until the later of the date on which the photo speed violation 14 monitoring system to which it applies has been permanently removed from 15 use or the final resolution of all cases involving notices of liability 16 issued based on photographs, microphotographs, video or other recorded 17 images produced by such system. 18 4. Each photo speed violation monitoring system shall undergo an annu- 19 al calibration check performed by an independent calibration laboratory 20 which shall issue a signed certificate of calibration. The city of New 21 York shall keep each such annual certificate of calibration on file 22 until the final resolution of all cases involving a notice of liability 23 issued during such year which were based on photographs, microphoto- 24 graphs, videotape or other recorded images produced by such photo speed 25 violation monitoring system. 26 5. (i) Such demonstration program shall utilize necessary technologies 27 to ensure, to the extent practicable, that photographs, microphoto- 28 graphs, videotape or other recorded images produced by such photo speed 29 violation monitoring systems shall not include images that identify the 30 driver, the passengers, or the contents of the vehicle. Provided, howev- 31 er, that no notice of liability issued pursuant to this section shall be 32 dismissed solely because such a photograph, microphotograph, videotape 33 or other recorded image allows for the identification of the driver, the 34 passengers, or the contents of vehicles where the city of New York shows 35 that it made reasonable efforts to comply with the provisions of this 36 paragraph in such case. 37 (ii) Photographs, microphotographs, videotape or any other recorded 38 image from a photo speed violation monitoring system shall be for the 39 exclusive use of the city of New York for the purpose of the adjudi- 40 cation of liability imposed pursuant to this section and of the owner 41 receiving a notice of liability pursuant to this section, and shall be 42 destroyed by the city of New York upon the final resolution of the 43 notice of liability to which such photographs, microphotographs, vide- 44 otape or other recorded images relate, or one year following the date of 45 issuance of such notice of liability, whichever is later. Notwithstand- 46 ing the provisions of any other law, rule or regulation to the contrary, 47 photographs, microphotographs, videotape or any other recorded image 48 from a photo speed violation monitoring system shall not be open to the 49 public, nor subject to civil or criminal process or discovery, nor used 50 by any court or administrative or adjudicatory body in any action or 51 proceeding therein except that which is necessary for the adjudication 52 of a notice of liability issued pursuant to this section, and no public 53 entity or employee, officer or agent thereof shall disclose such infor- 54 mation, except that such photographs, microphotographs, videotape or any 55 other recorded images from such systems:S. 4008 12 A. 3008 1 (A) shall be available for inspection and copying and use by the motor 2 vehicle owner and operator for so long as such photographs, microphoto- 3 graphs, videotape or other recorded images are required to be maintained 4 or are maintained by such public entity, employee, officer or agent; and 5 (B) (1) shall be furnished when described in a search warrant issued 6 by a court authorized to issue such a search warrant pursuant to article 7 six hundred ninety of the criminal procedure law or a federal court 8 authorized to issue such a search warrant under federal law, where such 9 search warrant states that there is reasonable cause to believe such 10 information constitutes evidence of, or tends to demonstrate that, a 11 misdemeanor or felony offense was committed in this state or another 12 state, or that a particular person participated in the commission of a 13 misdemeanor or felony offense in this state or another state, provided, 14 however, that if such offense was against the laws of another state, the 15 court shall only issue a warrant if the conduct comprising such offense 16 would, if occurring in this state, constitute a misdemeanor or felony 17 against the laws of this state; and 18 (2) shall be furnished in response to a subpoena duces tecum signed by 19 a judge of competent jurisdiction and issued pursuant to article six 20 hundred ten of the criminal procedure law or a judge or magistrate of a 21 federal court authorized to issue such a subpoena duces tecum under 22 federal law, where the judge finds and the subpoena states that there is 23 reasonable cause to believe such information is relevant and material to 24 the prosecution, or the defense, or the investigation by an authorized 25 law enforcement official, of the alleged commission of a misdemeanor or 26 felony in this state or another state, provided, however, that if such 27 offense was against the laws of another state, such judge or magistrate 28 shall only issue such subpoena if the conduct comprising such offense 29 would, if occurring in this state, constitute a misdemeanor or felony in 30 this state; and 31 (3) may, if lawfully obtained pursuant to this clause and clause (A) 32 of this subparagraph and otherwise admissible, be used in such criminal 33 action or proceeding. 34 (b) If the Triborough bridge and tunnel authority establishes a demon- 35 stration program pursuant to subdivision (a) of this section, the owner 36 of a vehicle shall be liable for a penalty imposed pursuant to this 37 section if such vehicle was used or operated with the permission of the 38 owner, express or implied, within a TBTA bridge and tunnel zone in 39 violation of subdivision (b), (g) or paragraph one of subdivision (d) of 40 section eleven hundred eighty of this article, such vehicle was travel- 41 ing at a speed of more than ten miles per hour above the posted speed 42 limit in effect within such TBTA bridge and tunnel zone, and such 43 violation is evidenced by information obtained from a photo speed 44 violation monitoring system; provided however that no owner of a vehicle 45 shall be liable for a penalty imposed pursuant to this section where the 46 operator of such vehicle has been convicted of the underlying violation 47 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this article. 49 (c) For purposes of this section, the following terms shall have the 50 following meanings: 51 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 52 the manual and specifications for a uniform system of traffic control 53 devices maintained by the commissioner of transportation pursuant to 54 section sixteen hundred eighty of this chapter; 55 2. "owner" shall have the meaning provided in article two-B of this 56 chapter.S. 4008 13 A. 3008 1 3. "photo speed violation monitoring system" shall mean a vehicle 2 sensor installed to work in conjunction with a speed measuring device 3 which automatically produces two or more photographs, two or more micro- 4 photographs, a videotape or other recorded images of each vehicle at the 5 time it is used or operated in a school speed zone in violation of 6 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 7 of this article in accordance with the provisions of this section; and 8 4. "TBTA bridge and tunnel zones" shall mean those bridges and tunnels 9 maintained and operated by the Triborough bridge and tunnel authority, 10 and any approach, entrance, or exit thereto. 11 (d) A certificate, sworn to or affirmed by a technician employed by 12 the Triborough bridge and tunnel authority, or a facsimile thereof, 13 based upon inspection of photographs, microphotographs, videotape or 14 other recorded images produced by a photo speed violation monitoring 15 system, shall be prima facie evidence of the facts contained therein. 16 Any photographs, microphotographs, videotape or other recorded images 17 evidencing such a violation shall include at least two date and time 18 stamped images of the rear of the motor vehicle that include the same 19 stationary object near the motor vehicle and shall be available for 20 inspection reasonably in advance of and at any proceeding to adjudicate 21 the liability for such violation pursuant to this section. 22 (e) An owner liable for a violation of subdivision (b), (d), (f) or 23 (g) of section eleven hundred eighty of this article pursuant to a 24 demonstration program established pursuant to this section shall be 25 liable for monetary penalties not to exceed fifty dollars for a first 26 violation, seventy-five dollars for a second violation both of which 27 were committed within a period of eighteen months, and one hundred 28 dollars for a third or subsequent violation all of which were committed 29 within a period of eighteen months; provided, however, that an addi- 30 tional penalty not in excess of twenty-five dollars for each violation 31 may be imposed for the failure to respond to a notice of liability with- 32 in the prescribed time period. 33 (f) An imposition of liability under the demonstration program estab- 34 lished pursuant to this section shall not be deemed a conviction as an 35 operator and shall not be made part of the operating record of the 36 person upon whom such liability is imposed nor shall it be used for 37 insurance purposes in the provision of motor vehicle insurance coverage. 38 (g) 1. A notice of liability shall be sent by first class mail to each 39 person alleged to be liable as an owner for a violation of subdivision 40 (b), (d), (f) or (g) of section eleven hundred eighty of this article 41 pursuant to this section, within fourteen business days if such owner is 42 a resident of this state and within forty-five business days if such 43 owner is a non-resident. Personal delivery on the owner shall not be 44 required. A manual or automatic record of mailing prepared in the ordi- 45 nary course of business shall be prima facie evidence of the facts 46 contained therein. 47 2. A notice of liability shall contain the name and address of the 48 person alleged to be liable as an owner for a violation of subdivision 49 (b), (d), (f) or (g) of section eleven hundred eighty of this article 50 pursuant to this section, the registration number of the vehicle 51 involved in such violation, the location where such violation took 52 place, the date and time of such violation, the identification number of 53 the camera which recorded the violation or other document locator 54 number, at least two date and time stamped images of the rear of the 55 motor vehicle that include the same stationary object near the motor 56 vehicle, and the certificate charging the liability.S. 4008 14 A. 3008 1 3. The notice of liability shall contain information advising the 2 person charged of the manner and the time in which he or she may contest 3 the liability alleged in the notice. Such notice of liability shall also 4 contain a prominent warning to advise the person charged that failure to 5 contest in the manner and time provided shall be deemed an admission of 6 liability and that a default judgment may be entered thereon. 7 4. The notice of liability shall be prepared and mailed by the Tribor- 8 ough bridge and tunnel authority, or by any other entity authorized by 9 the Triborough bridge and tunnel authority to prepare and mail such 10 notice of liability. 11 (h) Adjudication of the liability imposed upon owners of this section 12 shall be by a traffic violations bureau established pursuant to section 13 three hundred seventy of the general municipal law where the violation 14 occurred or, if there be none, by the court having jurisdiction over 15 traffic infractions where the violation occurred, except that if a city 16 has established an administrative tribunal to hear and determine 17 complaints of traffic infractions constituting parking, standing or 18 stopping violations such city may, by local law, authorize such adjudi- 19 cation by such tribunal. 20 (i) If an owner receives a notice of liability pursuant to this 21 section for any time period during which the vehicle or the number plate 22 or plates of such vehicle was reported to the police department as 23 having been stolen, it shall be a valid defense to an allegation of 24 liability for a violation of subdivision (b), (d), (f) or (g) of section 25 eleven hundred eighty of this article pursuant to this section that the 26 vehicle or the number plate or plates of such vehicle had been reported 27 to the police as stolen prior to the time the violation occurred and had 28 not been recovered by such time. For purposes of asserting the defense 29 provided by this subdivision, it shall be sufficient that a certified 30 copy of the police report on the stolen vehicle or number plate or 31 plates of such vehicle be sent by first class mail to the traffic 32 violations bureau, court having jurisdiction or parking violations 33 bureau. 34 (j) 1. Where the adjudication of liability imposed upon owners pursu- 35 ant to this section is by a traffic violations bureau or a court having 36 jurisdiction, an owner who is a lessor of a vehicle to which a notice of 37 liability was issued pursuant to subdivision (g) of this section shall 38 not be liable for the violation of subdivision (b), (d), (f) or (g) of 39 section eleven hundred eighty of this article pursuant to this section, 40 provided that he or she sends to the traffic violations bureau or court 41 having jurisdiction a copy of the rental, lease or other such contract 42 document covering such vehicle on the date of the violation, with the 43 name and address of the lessee clearly legible, within thirty-seven days 44 after receiving notice from the bureau or court of the date and time of 45 such violation, together with the other information contained in the 46 original notice of liability. Failure to send such information within 47 such thirty-seven day time period shall render the owner liable for the 48 penalty prescribed by this section. Where the lessor complies with the 49 provisions of this paragraph, the lessee of such vehicle on the date of 50 such violation shall be deemed to be the owner of such vehicle for 51 purposes of this section, shall be subject to liability for the 52 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 53 eighty of this article pursuant to this section and shall be sent a 54 notice of liability pursuant to subdivision (g) of this section. 55 2. (i) In a city which, by local law, has authorized the adjudication 56 of liability imposed upon owners by this section by a parking violationsS. 4008 15 A. 3008 1 bureau, an owner who is a lessor of a vehicle to which a notice of 2 liability was issued pursuant to subdivision (g) of this section shall 3 not be liable for the violation of subdivision (b), (d), (f) or (g) of 4 section eleven hundred eighty of this article, provided that: 5 (A) prior to the violation, the lessor has filed with the bureau in 6 accordance with the provisions of section two hundred thirty-nine of 7 this chapter; and 8 (B) within thirty-seven days after receiving notice from the bureau of 9 the date and time of a liability, together with the other information 10 contained in the original notice of liability, the lessor submits to the 11 bureau the correct name and address of the lessee of the vehicle identi- 12 fied in the notice of liability at the time of such violation, together 13 with such other additional information contained in the rental, lease or 14 other contract document, as may be reasonably required by the bureau 15 pursuant to regulations that may be promulgated for such purpose. 16 (ii) Failure to comply with clause (B) of subparagraph (i) of this 17 paragraph shall render the owner liable for the penalty prescribed in 18 this section. 19 (iii) Where the lessor complies with the provisions of this paragraph, 20 the lessee of such vehicle on the date of such violation shall be deemed 21 to be the owner of such vehicle for purposes of this section, shall be 22 subject to liability for such violation pursuant to this section and 23 shall be sent a notice of liability pursuant to subdivision (g) of this 24 section. 25 (k) 1. If the owner liable for a violation of subdivision (b), (d), 26 (f) or (g) of section eleven hundred eighty of this article pursuant to 27 this section was not the operator of the vehicle at the time of the 28 violation, the owner may maintain an action for indemnification against 29 the operator. 30 2. Notwithstanding any other provision of this section, no owner of a 31 vehicle shall be subject to a monetary fine imposed pursuant to this 32 section if the operator of such vehicle was operating such vehicle with- 33 out the consent of the owner at the time such operator operated such 34 vehicle in violation of subdivision (b), (d), (f) or (g) of section 35 eleven hundred eighty of this article. For purposes of this subdivision 36 there shall be a presumption that the operator of such vehicle was oper- 37 ating such vehicle with the consent of the owner at the time such opera- 38 tor operated such vehicle in violation of subdivision (b), (d), (f) or 39 (g) of section eleven hundred eighty of this article. 40 (l) Nothing in this section shall be construed to limit the liability 41 of an operator of a vehicle for any violation of subdivision (b), (d), 42 (f) or (g) of section eleven hundred eighty of this article. 43 (m) If the Triborough bridge and tunnel authority adopts a demon- 44 stration program pursuant to subdivision (a) of this section, the 45 Triborough bridge and tunnel authority shall conduct a study and submit 46 a report on or before May first, two thousand twenty-six and a report on 47 or before May first, two thousand twenty-eight on the results of the use 48 of photo devices to the governor, the temporary president of the senate 49 and the speaker of the assembly. The Triborough bridge and tunnel 50 authority shall also make such reports available on their public-facing 51 websites, provided that they may provide aggregate data from paragraph 52 one of this subdivision if the Triborough bridge and tunnel authority 53 finds that publishing specific location data would jeopardize public 54 safety. Such report shall include: 55 1. the locations where and dates when photo speed violation monitoring 56 systems were used;S. 4008 16 A. 3008 1 2. the aggregate number, type and severity of crashes, fatalities, 2 injuries and property damage reported within TBTA bridge and tunnel 3 zones, to the extent the information is maintained by the Triborough 4 bridge and tunnel authority; 5 3. the aggregate number, type and severity of crashes, fatalities, 6 injuries and property damage reported within TBTA bridge and tunnel 7 zones where photo speed violation monitoring systems were used, to the 8 extent the information is maintained by the Triborough bridge and tunnel 9 authority; 10 4. the number of violations recorded within TBTA bridge and tunnel 11 zones, in the aggregate on a daily, weekly and monthly basis to the 12 extent the information is maintained by the Triborough bridge and tunnel 13 authority; 14 5. the number of violations recorded within each TBTA bridge and 15 tunnel zone where a photo speed violation monitoring system is used, in 16 the aggregate on a daily, weekly and monthly basis; 17 6. to the extent the information is maintained by the Triborough 18 bridge and tunnel authority, the number of violations recorded within 19 all TBTA bridge and tunnel zones that were: 20 (i) more than ten but not more than twenty miles per hour over the 21 posted speed limit; 22 (ii) more than twenty but not more than thirty miles per hour over the 23 posted speed limit; 24 (iii) more than thirty but not more than forty miles per hour over the 25 posted speed limit; and 26 (iv) more than forty miles per hour over the posted speed limit; 27 7. the number of violations recorded within each highway construction 28 or maintenance work area where a photo speed violation monitoring system 29 is used that were: 30 (i) more than ten but not more than twenty miles per hour over the 31 posted speed limit; 32 (ii) more than twenty but not more than thirty miles per hour over the 33 posted speed limit; 34 (iii) more than thirty but not more than forty miles per hour over the 35 posted speed limit; and 36 (iv) more than forty miles per hour over the posted speed limit; 37 8. the total number of notices of liability issued for violations 38 recorded by such systems; 39 9. the number of fines and total amount of fines paid after the first 40 notice of liability issued for violations recorded by such systems, to 41 the extent the information is maintained by the Triborough bridge and 42 tunnel authority; 43 10. the number of violations adjudicated and the results of such adju- 44 dications including breakdowns of dispositions made for violations 45 recorded by such systems, to the extent the information is maintained by 46 the Triborough bridge and tunnel authority; 47 11. the total amount of revenue realized by the Triborough bridge and 48 tunnel authority in connection with the program; 49 12. the expenses incurred by the Triborough bridge and tunnel authori- 50 ty and the city of New York in connection with the program; 51 13. an itemized list of expenditures made by the Triborough bridge and 52 tunnel authority on work zone safety projects undertaken in accordance 53 with this section; and 54 14. the quality of the adjudication process and its results, to the 55 extent the information is maintained by the Triborough bridge and tunnel 56 authority.S. 4008 17 A. 3008 1 (n) It shall be a defense to any prosecution for a violation of subdi- 2 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 3 article pursuant to this section that such photo speed violation moni- 4 toring system was malfunctioning at the time of the alleged violation. 5 § 2. Section 1803 of the vehicle and traffic law is amended by adding 6 a new subdivision 13 to read as follows: 7 13. Except as otherwise provided in paragraph e of subdivision one of 8 this section, where the Triborough bridge and tunnel authority has 9 established a demonstration program imposing monetary liability on the 10 owner of a vehicle for failure of an operator thereof to comply with 11 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 12 this chapter in accordance with section eleven hundred eighty-f of this 13 chapter, any fine or penalty collected by a court, judge, magistrate or 14 other officer for an imposition of liability which occurs pursuant to 15 such program shall be paid to the state comptroller within the first ten 16 days of the month following collection. Every such payment shall be 17 accompanied by a statement in such form and detail as the comptroller 18 shall provide. The comptroller shall pay such fine or penalty imposed 19 for such liability to the Triborough bridge and tunnel authority. 20 § 3. For the purpose of informing and educating owners of motor vehi- 21 cles in this state, an agency or authority authorized to issue notices 22 of liability pursuant to the provisions of this act shall, during the 23 first thirty-day period in which the photo speed violation monitoring 24 systems are in operation pursuant to the provisions of this act, issue a 25 written warning in lieu of a notice of liability to all owners of motor 26 vehicles who would be held liable for failure of operators thereof to 27 comply with subdivision (b), (d), (f) or (g) of section eleven hundred 28 eighty of the vehicle and traffic law in accordance with section eleven 29 hundred eighty-e of the vehicle and traffic law. 30 § 4. This act shall take effect one year after it shall have become a 31 law; provided, however, that sections one and two of this act shall 32 expire and be deemed repealed 5 years after such effective date when 33 upon such date the provisions of such sections shall be deemed repealed. 34 Effective immediately, the addition, amendment and/or repeal of any rule 35 or regulation necessary for the implementation of this act on its effec- 36 tive date are authorized to be made and completed on or before such 37 effective date. 38 PART C 39 Section 1. Section 3 of part PP of chapter 54 of the laws of 2016, 40 amending the public authorities law relating to the New York transit 41 authority and the metropolitan transportation authority, as amended by 42 section 1 of part J of chapter 58 of the laws of 2022, is amended to 43 read as follows: 44 § 3. This act shall take effect immediately[; provided that the amend-45ments to subdivision 1 of section 119-r of the general municipal law46made by section two of this act shall expire and be deemed repealed47April 1, 2023, and provided further that such repeal shall not affect48the validity or duration of any contract entered into before that date49pursuant to paragraph f of such subdivision]. 50 § 2. Subdivisions 1, 2, 3, 4 and 6 of section 1209 of the public 51 authorities law are REPEALED and subdivisions 5, 7, 8, 9, 10, 11, 12, 52 13, 14 and 15 are renumbered subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 53 10.S. 4008 18 A. 3008 1 § 3. Subdivision 1 of section 1265-a of the public authorities law, 2 as amended by section 1-a of subpart C of part ZZZ of chapter 59 of the 3 laws of 2019, is amended to read as follows: 4 1. The provisions of this section shall [only] apply to procurements 5 by the authority [commenced during the period from April first, nineteen6hundred eighty-seven until December thirty-first, nineteen hundred nine-7ty-one, and during the period from December sixteenth, nineteen hundred8ninety-three until June thirtieth, two thousand twenty-three; provided,9however, that the provisions of this section shall not apply to (i) the10award of any contract of the authority if the bid documents for such11contract so provide and such bid documents are issued within sixty days12of the effective date of this section or within sixty days of December13sixteenth, nineteen hundred ninety-three, or (ii) for a period of one14hundred eighty days after the effective date of this section or for a15period of one hundred eighty days after December sixteenth, nineteen16hundred ninety-three, the award of any contract for which an invitation17to bid, solicitation, request for proposal, or any similar document has18been issued by the authority prior to the effective date of this section19or during the period from January first, nineteen hundred ninety-two20until December sixteenth, nineteen hundred ninety-three], including 21 those made on behalf of its subsidiaries and affiliates. 22 § 4. Section 15 of part OO of chapter 54 of the laws of 2016, amending 23 the public authorities law relating to procurements by the New York City 24 transit authority and the metropolitan transportation authority, 25 as amended by section 1 of part YY of chapter 55 of the laws of 2021, is 26 amended to read as follows: 27 § 15. This act shall take effect immediately[, and shall expire and be28deemed repealed April 1, 2024]; provided, however, sections three, nine, 29 and twelve of this chapter shall expire and be deemed repealed April 1, 30 2024. 31 § 5. Subdivision 1 of section 1207-a of the public authorities law, 32 as added by chapter 655 of the laws of 1962, is amended to read as 33 follows: 34 1. Notwithstanding the provisions of sections twelve hundred through 35 twelve hundred twenty-one, inclusive, of this title or of any other 36 provisions of law to the contrary, but subject to the provisions of 37 section twelve hundred seven-j of this title, the authority shall have 38 power to purchase no more than seven hundred twenty-four cars for the 39 rapid transit lines under the jurisdiction of the authority and to 40 finance the purchase price thereof by the issuance of bonds and notes of 41 the authority in accordance with the provisions of section twelve 42 hundred seven-b of this title. Any purchase contract for the purchase of 43 such cars shall be made by the authority [only upon public letting44founded on sealed bids] in accordance with the requirements of [subdivi-45sion two of] section twelve hundred nine of this title. 46 § 6. This act shall take effect immediately. 47 PART D 48 Section 1. Section 1205 of the public authorities law is amended by 49 adding a new subdivision 9 to read as follows: 50 9. (a) Notwithstanding any provision of law, regulation, or agreement 51 to the contrary in effect as of the effective date of this subdivision, 52 beginning on July first, two thousand twenty-three, the city of New York 53 shall fund one hundred percent of the net paratransit operating expenses 54 of the metropolitan transportation authority, provided that suchS. 4008 19 A. 3008 1 contribution shall not exceed the maximum paratransit funding contrib- 2 ution for the applicable year. 3 (i) Net paratransit operating expenses shall consist of the total 4 operating expenses of the paratransit program minus the six percent of 5 the urban tax dedicated to paratransit services as of the date of this 6 act and minus any money collected as passenger fares from paratransit 7 operations. 8 (ii) The maximum paratransit funding contribution shall be six hundred 9 two million dollars for two thousand twenty-four and shall increase by 10 ten percent each year through two thousand twenty-eight. During the 11 five-year period beginning two thousand twenty-nine and during each 12 subsequent five-year period, the maximum paratransit funding contrib- 13 ution for the first year shall be one hundred ten percent of the actual 14 amount of the paratransit funding contribution for the immediately 15 preceding year, and shall increase by ten percent each year for the 16 subsequent four years. 17 (b) Notwithstanding any provision of law, regulation, or agreement to 18 the contrary in effect as of the effective date of this subdivision, 19 beginning on July first, two thousand twenty-three, the city of New York 20 shall fund one hundred percent of the metropolitan transportation 21 authority's net fare revenue differential resulting from reduced student 22 fare programs for students in grades kindergarten through twelve for 23 travel within the city. Net fare revenue differential shall consist 24 of the total operating expenses of the schoolfare program minus any 25 contribution from the state of New York. The city shall also fund one 26 hundred percent of the metropolitan transportation authority's total 27 administrative expenses for such programs. 28 (c) Notwithstanding any provision of law, regulation, or agreement to 29 the contrary in effect as of the effective date of this subdivision, 30 beginning on July first, two thousand twenty-three, the city of New York 31 shall fund annually, in the manner provided by paragraph (f) of this 32 subdivision, an amount equal to forty-seven percent of the funds appro- 33 priated by the state for the purpose of funding the foregone revenues of 34 the metropolitan transportation authority resulting from employers 35 exempted from payment of the metropolitan commuter transportation mobil- 36 ity tax of section eight hundred one of the tax law, by section eight 37 hundred of the tax law. 38 (d) The city of New York shall pay to the metropolitan transportation 39 authority the funding amounts specified in paragraph (a) of this subdi- 40 vision on a monthly basis in the amounts calculated by the metropolitan 41 transportation authority. There shall be an annual reconciliation proc- 42 ess to adjust for any overpayment or underpayment. The city shall 43 provide certification of such payments to the state comptroller and the 44 New York state director of the budget no later than seven days after 45 making each payment. The city certification shall specify the date upon 46 which such payment was made, and the amounts paid pursuant to paragraph 47 (a) of this subdivision. 48 (e) The city of New York shall pay to the metropolitan transportation 49 authority the funding amounts specified in paragraph (b) of this 50 subdivision on a monthly basis in the amounts calculated by the 51 metropolitan transportation authority. There shall be an annual recon- 52 ciliation process to adjust for any overpayment or underpayment. The 53 city shall provide certification of such payments to the state comp- 54 troller and the New York state director of the budget no later than 55 seven days after making each payment. The city certification shall spec-S. 4008 20 A. 3008 1 ify the date upon which such payment was made, and the amounts paid 2 pursuant to paragraph (b) of this subdivision. 3 (f) The city of New York shall pay to the metropolitan transportation 4 authority the funding amounts specified in paragraph (c) of this subdi- 5 vision on a monthly basis in the amounts calculated by the metropolitan 6 transportation authority. There shall be an annual reconciliation proc- 7 ess to adjust for any overpayment or underpayment. The city shall 8 provide certification of such payments to the state comptroller and the 9 New York state director of the budget no later than seven days after 10 making each payment. The city certification shall specify the date upon 11 which such payment was made, and the amounts paid pursuant to paragraph 12 (c) of this subdivision. 13 § 2. Section 92-jj of the state finance law, as added by section 8 of 14 part UUU of chapter 58 of the laws of 2020, is amended to read as 15 follows: 16 § 92-jj. Metropolitan transportation authority paratransit assistance 17 fund. 1. There is hereby established in the custody of the comptroller a 18 special fund to be known as the metropolitan transportation authority 19 paratransit assistance fund. 20 2. Such fund shall consist of any monies directed thereto pursuant to 21 the provisions of [section seven of the part of the chapter of the laws22of two thousand twenty which added] subdivision four of this section. 23 3. All monies deposited into the fund pursuant to [the part of the24chapter of the laws of two thousand twenty which added] subdivision four 25 of this section shall be paid to the metropolitan transportation author- 26 ity by the comptroller, without appropriation, for use in the same 27 manner as the payments required by [section six of such part] paragraph 28 (d) of subdivision nine of section twelve hundred five of the public 29 authorities law, as soon as practicable but not more than five days from 30 the date the comptroller determines that the full amount of the unpaid 31 balance of any payment required by [section seven of such part] subdivi- 32 sion four of this section has been deposited into the fund. 33 4. (a) Notwithstanding any provision of law to the contrary, in the 34 event the city of New York fails to certify to the state comptroller and 35 the New York state director of the budget that the city has paid in full 36 any payment for net paratransit operating expenses of the metropolitan 37 transportation authority as required by paragraph (d) of subdivision 38 nine of section twelve hundred five of the public authorities law, the 39 New York state director of the budget shall direct the state comptroller 40 to transfer, collect, or deposit funds in accordance with paragraph (b) 41 of this subdivision in an amount equal to the unpaid balance of any such 42 payment required by paragraph (d) of subdivision nine of section twelve 43 hundred five of the public authorities law, and any such deposits shall 44 be counted against the city's funding obligation for net paratransit 45 operating expenses of the metropolitan transportation authority pursuant 46 to paragraph (a) of subdivision nine of section twelve hundred five of 47 the public authorities law. Such direction shall be pursuant to a writ- 48 ten plan or plans filed with the state comptroller, the chairperson of 49 the senate finance committee and the chairperson of the assembly ways 50 and means committee. 51 (b) Notwithstanding any provision of law to the contrary and as set 52 forth in a plan or plans submitted by the New York state director of the 53 budget pursuant to paragraph (a) of this subdivision, the state comp- 54 troller is hereby directed and authorized to: (i) transfer funds author- 55 ized by any undisbursed general fund aid to localities appropriations or 56 state special revenue fund aid to localities appropriations, excludingS. 4008 21 A. 3008 1 debt service, fiduciary, and federal fund appropriations, to the city to 2 the metropolitan transportation authority paratransit assistance fund 3 established by this section in accordance with such plan; and/or (ii) 4 collect and deposit into the metropolitan transportation authority para- 5 transit assistance fund established by this section funds from any other 6 revenue source of the city, including the sales and use tax, in accord- 7 ance with such plan. The state comptroller is hereby authorized and 8 directed to make such transfers, collections and deposits as soon as 9 practicable but not more than three days following the transmittal of 10 such plan to the comptroller in accordance with paragraph (a) of this 11 subdivision. 12 (c) Notwithstanding any provision of law to the contrary, the state's 13 obligation and/or liability to fund any program included in general fund 14 aid to localities appropriations or state special revenue fund aid to 15 localities appropriations from which funds are transferred pursuant to 16 paragraph (b) of this subdivision shall be reduced in an amount equal to 17 such transfer or transfers. 18 § 3. The state finance law is amended by adding a new section 92-kk to 19 read as follows: 20 § 92-kk. Metropolitan transportation authority schoolfare assistance 21 fund. 1. There is hereby established in the custody of the comptroller a 22 special fund to be known as the metropolitan transportation authority 23 schoolfare assistance fund. 24 2. Such fund shall consist of any monies directed thereto pursuant to 25 the provisions of subdivision four of this section. 26 3. All monies deposited into the fund pursuant to subdivision four 27 of this section shall be paid to the metropolitan transportation author- 28 ity by the comptroller, without appropriation, for use in the same 29 manner as the payments required by paragraph (e) of subdivision nine of 30 section twelve hundred five of the public authorities law, as soon 31 as practicable but not more than five days from the date the comp- 32 troller determines that the full amount of the unpaid balance of any 33 payment required by subdivision four of this section has been deposited 34 into the fund. 35 4. (a) Notwithstanding any provision of law to the contrary, in the 36 event the city of New York fails to certify to the state comptroller and 37 the New York state director of the budget that the city has paid in full 38 any payment for student fare expenses of the metropolitan transporta- 39 tion authority as required by paragraph (e) of subdivision nine of 40 section twelve hundred five of the public authorities law, the New York 41 state director of the budget shall direct the state comptroller to 42 transfer, collect, or deposit funds in accordance with paragraph (b) of 43 this subdivision in an amount equal to the unpaid balance of any such 44 payment required by paragraph (e) of subdivision nine of section twelve 45 hundred five of the public authorities law, and any such deposits shall 46 be counted against the city's funding obligation for student fare 47 expenses of the metropolitan transportation authority pursuant to para- 48 graph (b) of subdivision nine of section twelve hundred five of the 49 public authorities law. Such direction shall be pursuant to a written 50 plan or plans filed with the state comptroller, the chairperson of the 51 senate finance committee and the chairperson of the assembly ways and 52 means committee. 53 (b) Notwithstanding any provision of law to the contrary and as set 54 forth in a plan or plans submitted by the New York state director of the 55 budget pursuant to paragraph (a) of this subdivision, the state comp- 56 troller is hereby directed and authorized to: (i) transfer funds author-S. 4008 22 A. 3008 1 ized by any undisbursed general fund aid to localities appropriations or 2 state special revenue fund aid to localities appropriations, excluding 3 debt service, fiduciary, and federal fund appropriations, to the city to 4 the metropolitan transportation authority schoolfare assistance fund 5 established by this section in accordance with such plan; and/or (ii) 6 collect and deposit into the metropolitan transportation authority 7 schoolfare assistance fund established by this section funds from any 8 other revenue source of the city, including the sales and use tax, in 9 accordance with such plan. The state comptroller is hereby authorized 10 and directed to make such transfers, collections and deposits as 11 soon as practicable but not more than three days following the trans- 12 mittal of such plan to the comptroller in accordance with paragraph 13 (a) of this subdivision. 14 (c) Notwithstanding any provision of law to the contrary, the state's 15 obligation and/or liability to fund any program included in general fund 16 aid to localities appropriations or state special revenue fund aid to 17 localities appropriations from which funds are transferred pursuant to 18 paragraph (b) of this subdivision shall be reduced in an amount equal to 19 such transfer or transfers. 20 § 4. The state finance law is amended by adding a new section 92-ll to 21 read as follows: 22 § 92-ll. Metropolitan transportation authority assistance fund. 1. 23 There is hereby established in the custody of the comptroller a special 24 fund to be known as the metropolitan transportation authority assistance 25 fund. 26 2. Such fund shall consist of any monies directed thereto pursuant to 27 the provisions of subdivision four of this section. 28 3. All monies deposited into the fund pursuant to subdivision four of 29 this section shall be paid to the metropolitan transportation authority 30 by the comptroller, without appropriation, for use in the same manner as 31 the payments required by paragraph (f) of subdivision nine of section 32 twelve hundred five of the public authorities law, as soon as practica- 33 ble but not more than five days from the date the comptroller determines 34 that the full amount of the unpaid balance of any payment required by 35 subdivision four of this section has been deposited into the fund. 36 4. (a) Notwithstanding any provision of law to the contrary, in the 37 event the city of New York fails to certify to the state comptroller and 38 the New York state director of the budget that the city has paid in full 39 any payment to the metropolitan transportation authority as required by 40 paragraph (f) of subdivision nine of section twelve hundred five of the 41 public authorities law, the New York state director of the budget shall 42 direct the state comptroller to transfer, collect, or deposit funds in 43 accordance with paragraph (b) of this subdivision in an amount equal to 44 the unpaid balance of any such payment required by paragraph (f) of 45 subdivision nine of section twelve hundred five of the public authori- 46 ties law, and any such deposits shall be counted against the city's 47 funding obligation to the metropolitan transportation authority pursuant 48 to paragraph (c) of subdivision nine of section twelve hundred five of 49 the public authorities law. Such direction shall be pursuant to a writ- 50 ten plan or plans filed with the state comptroller, the chairperson of 51 the senate finance committee and the chairperson of the assembly ways 52 and means committee. 53 (b) Notwithstanding any provision of law to the contrary and as set 54 forth in a plan or plans submitted by the New York state director of the 55 budget pursuant to paragraph (a) of this subdivision, the state comp- 56 troller is hereby directed and authorized to: (i) transfer funds author-S. 4008 23 A. 3008 1 ized by any undisbursed general fund aid to localities appropriations or 2 state special revenue fund aid to localities appropriations, excluding 3 debt service, fiduciary, and federal fund appropriations, to the city to 4 the metropolitan transportation authority assistance fund established by 5 this section in accordance with such plan; and/or (ii) collect and 6 deposit into the metropolitan transportation authority assistance fund 7 established by this section funds from any other revenue source of the 8 city, including the sales and use tax, in accordance with such plan. The 9 state comptroller is hereby authorized and directed to make such trans- 10 fers, collections and deposits as soon as practicable but not more than 11 three days following the transmittal of such plan to the comptroller in 12 accordance with paragraph (a) of this subdivision. 13 (c) Notwithstanding any provision of law to the contrary, the state's 14 obligation and/or liability to fund any program included in general fund 15 aid to localities appropriations or state special revenue fund aid to 16 localities appropriations from which funds are transferred pursuant to 17 paragraph (b) of this subdivision shall be reduced in an amount equal to 18 such transfer or transfers. 19 § 5. Section 9 of part UUU of chapter 58 of the laws of 2020, amending 20 the state finance law relating to providing funding for the Metropolitan 21 Transportation Authority 2020-2024 capital program and paratransit oper- 22 ating expenses, is amended to read as follows: 23 § 9. This act shall take effect immediately; provided that sections 24 five through seven of this act shall expire and be deemed repealed June 25 30, [2024] 2023; and provided further that such repeal shall not affect 26 or otherwise reduce amounts owed to the metropolitan transportation 27 authority paratransit assistance fund to meet the city's share of the 28 net paratransit operating expenses of the MTA for services provided 29 prior to June 30, [2024] 2023. 30 § 6. This act shall take effect July 1, 2023. 31 PART E 32 Section 1. Subparagraph (B) of paragraph 2 of subsection (a) of 33 section 2504 of the insurance law is amended to read as follows: 34 (B) the city of New York, a public corporation or public authority, in 35 connection with the construction of electrical generating and trans- 36 mission facilities or construction, reconstruction, extensions [and] or 37 additions of light rail or heavy rail rapid transit [and], commuter 38 railroads, bus facilities, bridges, tunnels, and facilities related to 39 or ancillary to any of the foregoing. For the purposes of this section, 40 "bus" is defined in section one hundred four of the vehicle and traffic 41 law; "facilities related to or ancillary to" light rail or heavy rail 42 rapid transit, commuter railroads, bus facilities, bridges, and tunnels 43 shall mean any capital construction funded by the metropolitan transpor- 44 tation authority's capital program, as defined by section twelve hundred 45 sixty-nine-b of the public authorities law. 46 § 2. This act shall take effect immediately. 47 PART F 48 Section 1. Subdivision 5-a of section 401 of the vehicle and traffic 49 law is amended by adding a new paragraph d to read as follows: 50 d. It shall be unlawful for any person to register, reregister, renew, 51 replace or transfer the registration, change the name, address or other 52 information of the registered owner, or change the registration classi-S. 4008 24 A. 3008 1 fication of any vehicle whose vehicle identification number is associ- 2 ated with a vehicle whose registration has been suspended, or is subject 3 to a pending request from a tolling authority to suspend the registra- 4 tion, under paragraph d of subdivision three of section five hundred ten 5 of this chapter and 15 NYCRR 127.14. The commissioner or the commission- 6 er's agent shall impose a vehicle identification number block and deny 7 the registration, reregistration, renewal, replacement or transfer of 8 the registration for such vehicle and vehicle identification number 9 until the tolling authority advises, in such form and manner as the 10 commissioner shall prescribe, that notices of violation have been 11 responded to and any unpaid tolls, fees or other charges associated with 12 the vehicle and the vehicle identification number have been paid to the 13 tolling authority. Where an application is denied pursuant to this para- 14 graph, the commissioner may, in the commissioner's discretion, deny a 15 registration, reregistration, renewal, replacement or transfer of the 16 registration for any other motor vehicle registered in the name of the 17 applicant where the commissioner has determined that such registrant's 18 intent has been to evade the purposes of this paragraph and where the 19 commissioner has reasonable grounds to believe that such registration, 20 reregistration, renewal, replacement or transfer of registration will 21 have the effect of defeating the purposes of this paragraph. Such vehi- 22 cle identification number block and denial shall only remain in effect 23 until the tolling authority advises, in such form and manner as the 24 commissioner shall prescribe, that notices of violation have been 25 responded to and any unpaid tolls, fees or other charges associated with 26 the vehicle and the vehicle identification number have been paid to the 27 tolling authority. 28 § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and 29 traffic law, as amended by chapter 451 of the laws of 2021, is amended 30 and a new paragraph (c) is added to read as follows: 31 (b) (i) Number plates shall be kept clean and in a condition so as to 32 be easily readable and shall not be covered by glass or any plastic 33 material. 34 (ii) Number plates shall not be knowingly covered or coated with any 35 artificial or synthetic material or substance that conceals or obscures 36 such number plates or that distorts a recorded or photographic image of 37 such number plates. 38 (iii) The view of such number plates shall not be obstructed by any 39 part of the vehicle or by anything carried thereon[, except for a40receiver-transmitter issued by a publicly owned tolling facility in41connection with electronic toll collection when such receiver-transmit-42ter is affixed to the exterior of a vehicle in accordance with mounting43instructions provided by the tolling facility]. 44 (c) Notwithstanding any other provision of this subdivision, it shall 45 be unlawful for any person to operate, drive or park a motor vehicle on 46 a toll highway, bridge and/or tunnel facility or enter or remain in the 47 tolled central business district described in section seventeen hundred 48 four of this chapter, under the jurisdiction of the tolling authority, 49 if such number plate is covered by glass or any plastic material, or 50 covered or coated with any artificial or synthetic material or substance 51 that conceals or obscures such number plates or that distorts a recorded 52 or photographic image of such number plates. The view of such number 53 plates shall not be obstructed by any part of the vehicle or by anything 54 carried thereon, except for a receiver-transmitter issued by a publicly 55 owned tolling authority in connection with electronic toll collection 56 when such receiver-transmitter is affixed to the exterior of a vehicleS. 4008 25 A. 3008 1 in accordance with mounting instructions provided by the tolling author- 2 ity. For purposes of this paragraph, "tolling authority" shall mean 3 every public authority which operates a toll highway, bridge and/or 4 tunnel or a central business district tolling program, as well as the 5 port authority of New York and New Jersey, a bi-state agency created by 6 compact set forth in chapter one hundred fifty-four of the laws of nine- 7 teen hundred twenty-one, as amended. 8 § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as 9 amended by chapter 451 of the laws of 2021, is amended to read as 10 follows: 11 8. A violation of this section shall be punishable by a fine of not 12 less than twenty-five nor more than two hundred dollars, except that: 13 (a) a violation of subparagraph (ii) or subparagraph (iii) of paragraph 14 (b) of subdivision one of this section shall be punishable by a fine of 15 not less than fifty nor more than three hundred dollars; and (b) a 16 violation of paragraph (c) of subdivision one of this section shall be 17 punishable by a fine of not less than one hundred nor more than five 18 hundred dollars. A police officer as defined in section one hundred 19 thirty-two of this chapter acting pursuant to this section shall be 20 authorized to seize and confiscate any covering affixed over the number 21 plates which obscures the ability to easily read such number plates, 22 except that in the event of such seizure and confiscation a violation of 23 paragraph (b) or (c) of subdivision one of this section shall be punish- 24 able by a fine of not less than two hundred fifty dollars and the owner 25 of the vehicle to whom such number plates were issued shall have one 26 week from the date such violation is issued to remove, if not done by a 27 police officer pursuant to this section, any artificial or synthetic 28 material or substance that conceals or obscures such number plates or to 29 purchase new number plates. 30 § 4. Section 510 of the vehicle and traffic law is amended by adding a 31 new subdivision 4-h to read as follows: 32 4-h. Suspension of registration for failure to comply with removing 33 any artificial or synthetic material or substance that conceals or 34 obscures number plates or the purchase of new number plates. Upon the 35 receipt of a notification from a court or an administrative tribunal 36 that an owner of a motor vehicle failed to comply with subdivision eight 37 of section four hundred two of this chapter, the commissioner or his or 38 her agent shall suspend the registration of the vehicle involved in the 39 violation and such suspension shall remain in effect until such time as 40 the commissioner is advised that the owner of such vehicle has satisfied 41 the requirements of such subdivision. 42 § 5. This act shall take effect one year after it shall have become a 43 law. Effective immediately, the addition, amendment and/or repeal of any 44 rule or regulation necessary for the implementation of this act on its 45 effective date are authorized to be made on or before such date. 46 PART G 47 Section 1. Section 45 of chapter 929 of the laws of 1986 amending the 48 tax law and other laws relating to the metropolitan transportation 49 authority, as amended by chapter 120 of the laws of 2021, is amended to 50 read as follows: 51 § 45. This act shall take effect immediately; except that: (a) para- 52 graph (d) of subdivision 3 of section 1263 of the public authorities 53 law, as added by section twenty-six of this act, shall be deemed to have 54 been in full force and effect on and after August 5, 1986; (b) sectionsS. 4008 26 A. 3008 1 thirty-three and thirty-four of this act shall not apply to a certified 2 or recognized public employee organization which represents any public 3 employees described in subdivision 16 of section 1204 of the public 4 authorities law and such sections shall expire on July 1, [2023] 2025 5 and nothing contained within these sections shall be construed to divest 6 the public employment relations board or any court of competent juris- 7 diction of the full power or authority to enforce any order made by the 8 board or such court prior to the effective date of this act; (c) the 9 provisions of section thirty-five of this act shall expire on March 31, 10 1987; and (d) provided, however, the commissioner of taxation and 11 finance shall have the power to enforce the provisions of sections two 12 through nine of this act beyond December 31, 1990 to enable such commis- 13 sioner to collect any liabilities incurred prior to January 1, 1991. 14 § 2. This act shall take effect immediately. 15 PART H 16 Section 1. Subdivision 11 of section 120.05 of the penal law, as 17 amended by chapter 233 of the laws of 2022, is amended to read as 18 follows: 19 11. With intent to cause physical injury to a train operator, ticket 20 inspector, conductor, signalperson, bus operator, station agent, station 21 cleaner, terminal cleaner, station customer assistant, traffic checker; 22 person whose official duties include the sale or collection of tickets, 23 passes, vouchers, or other revenue payment media for use on a train or 24 bus or the collection or handling of revenues therefrom; a person whose 25 official duties include the maintenance, repair, inspection, trouble- 26 shooting, testing or cleaning of buses, a transit signal system, 27 elevated or underground subway tracks, transit station structure, 28 including fare equipment, escalators, elevators and other equipment 29 necessary to passenger service, commuter rail tracks or stations, train 30 yard, revenue train in passenger service, or a train or bus station or 31 terminal; or a supervisor of such personnel, employed by any transit or 32 commuter rail agency, authority or company, public or private, whose 33 operation is authorized by New York state or any of its political subdi- 34 visions, a city marshal, a school crossing guard appointed pursuant to 35 section two hundred eight-a of the general municipal law, a traffic 36 enforcement officer, traffic enforcement agent, motor vehicle license 37 examiner, motor vehicle representative, highway worker as defined in 38 section one hundred eighteen-a of the vehicle and traffic law, motor 39 carrier investigator as defined in section one hundred twenty-four of 40 the vehicle and traffic law, motor vehicle inspector as defined in 41 section one hundred twenty-four-a of the vehicle and traffic law, prose- 42 cutor as defined in subdivision thirty-one of section 1.20 of the crimi- 43 nal procedure law, sanitation enforcement agent, New York city sanita- 44 tion worker, public health sanitarian, New York city public health 45 sanitarian, registered nurse, licensed practical nurse, emergency 46 medical service paramedic, or emergency medical service technician, he 47 or she causes physical injury to such train operator, ticket inspector, 48 conductor, signalperson, bus operator, station agent, station cleaner, 49 terminal cleaner, station customer assistant, traffic checker; person 50 whose official duties include the sale or collection of tickets, passes, 51 vouchers or other revenue payment media for use on a train or bus or the 52 collection or handling of revenues therefrom; a person whose official 53 duties include the maintenance, repair, inspection, troubleshooting, 54 testing or cleaning of buses, a transit signal system, elevated orS. 4008 27 A. 3008 1 underground subway tracks, transit station structure, including fare 2 equipment, escalators, elevators and other equipment necessary to 3 passenger service, commuter rail tracks or stations, train yard, revenue 4 train in passenger service, or a train or bus station or terminal; or a 5 supervisor of such personnel, city marshal, school crossing guard 6 appointed pursuant to section two hundred eight-a of the general munici- 7 pal law, traffic enforcement officer, traffic enforcement agent, motor 8 vehicle license examiner, motor vehicle representative, highway worker 9 as defined in section one hundred eighteen-a of the vehicle and traffic 10 law, motor carrier investigator as defined in section one hundred twen- 11 ty-four of the vehicle and traffic law, motor vehicle inspector as 12 defined in section one hundred twenty-four-a of the vehicle and traffic 13 law, prosecutor as defined in subdivision thirty-one of section 1.20 of 14 the criminal procedure law, registered nurse, licensed practical nurse, 15 public health sanitarian, New York city public health sanitarian, sani- 16 tation enforcement agent, New York city sanitation worker, emergency 17 medical service paramedic, or emergency medical service technician, 18 while such employee is performing an assigned duty on, or directly 19 related to, the operation of a train or bus, cleaning of a train or bus 20 station or terminal, assisting customers, checking traffic, the sale or 21 collection of tickets, passes, vouchers, or other revenue media for use 22 on a train or bus, or maintenance or cleaning of a train, a bus, or bus 23 station or terminal, signal system, elevated or underground subway 24 tracks, transit station structure, including fare equipment, escalators, 25 elevators and other equipment necessary to passenger service, commuter 26 rail tracks or stations, train yard or revenue train in passenger 27 service, or such city marshal, school crossing guard, traffic enforce- 28 ment officer, traffic enforcement agent, motor vehicle license examiner, 29 motor vehicle representative, highway worker as defined in section one 30 hundred eighteen-a of the vehicle and traffic law, motor carrier inves- 31 tigator as defined in section one hundred twenty-four of the vehicle and 32 traffic law, motor vehicle inspector as defined in section one hundred 33 twenty-four-a of the vehicle and traffic law, prosecutor as defined in 34 subdivision thirty-one of section 1.20 of the criminal procedure law, 35 registered nurse, licensed practical nurse, public health sanitarian, 36 New York city public health sanitarian, sanitation enforcement agent, 37 New York city sanitation worker, emergency medical service paramedic, or 38 emergency medical service technician is performing an assigned duty; or 39 § 2. The vehicle and traffic law is amended by adding three new 40 sections 118-a, 124 and 124-a to read as follows: 41 § 118-a. Highway worker. Any person employed by or on behalf of the 42 state, a county, city, town, village, a public authority, local authori- 43 ty, public utility company, or an agent or contractor of any such enti- 44 ty, or a flagperson as defined in section one hundred fifteen-b of this 45 article, who has been assigned to perform work on a highway, public 46 highway, roadway, access highway, or qualifying highway, or within the 47 state highway right of way, as defined in section fifty-two of the high- 48 way law. Such work may include, but shall not be limited to: 49 construction, reconstruction, maintenance, improvement, flagging, utili- 50 ty installation, or the operation of equipment. 51 § 124. Motor carrier investigator. Any person employed by the depart- 52 ment of transportation who has been assigned to perform investigations 53 of any motor carriers regulated by the commissioner of transportation. 54 § 124-a. Motor vehicle inspector. Any person employed by the depart- 55 ment of transportation who has been assigned to perform inspections of 56 any motor vehicles regulated by the commissioner of transportation.S. 4008 28 A. 3008 1 § 3. This act shall take effect on the ninetieth day after it shall 2 have become a law. 3 PART I 4 Section 1. Paragraph (k-2) of subdivision 2 of section 65.10 of the 5 penal law, as added by section 1 of part VV of chapter 56 of the laws of 6 2020, is amended to read as follows: 7 (k-2) (i) Refrain, upon sentencing for a crime involving unlawful 8 sexual conduct or assault committed against either a metropolitan trans- 9 portation authority system passenger[,] or customer, or an employee [or10a crime involving assault against a metropolitan transportation authori-11ty employee,] of the metropolitan transportation authority system or any 12 contractor then performing work for any entity of the system, if the 13 offense was committed in or [on] adjacent to any facility or conveyance 14 of the [metropolitan transportation authority or a subsidiary thereof or15the New York city transit authority or a subsidiary thereof] authority's 16 transportation system, from using or entering any of [such] the authori- 17 ty's subways, trains, buses, or other conveyances or facilities as spec- 18 ified by the court for a period of up to three years, or a specified 19 period of such probation or conditional discharge, whichever is less. 20 For purposes of this section, a crime involving assault shall mean an 21 offense described in article one hundred twenty of this chapter which 22 has as an element the causing of physical injury or serious physical 23 injury to another as well as the attempt thereof. If the sentence 24 imposed by the court includes a period of incarceration followed by a 25 period of probation or conditional discharge, then the court may impose 26 conditions under this paragraph to be operative only during the period 27 of probation or conditional discharge. Orders under this paragraph may 28 extend to any part of the metropolitan transportation authority system 29 in the court's discretion, including parts of the system outside the 30 county where the sentencing judge sits. 31 (ii) The court may, in its discretion, suspend, modify or cancel a 32 condition imposed under this paragraph in the interest of justice at any 33 time. If the person depends on the authority's subways, trains, buses, 34 or other conveyances or facilities for trips of necessity, including, 35 but not limited to, travel to or from medical or legal appointments, 36 school or training classes or places of employment, obtaining food, 37 clothing or necessary household items, or rendering care to family 38 members, the court may modify such condition to allow for a trip or 39 trips as in its discretion are necessary. 40 (iii) A person at liberty and subject to a condition under this para- 41 graph who applies, within thirty days after the date such condition 42 becomes effective, for a refund of any prepaid fare amounts rendered 43 unusable in whole or in part by such condition including, but not limit- 44 ed to, a monthly pass, shall be issued a refund of the amounts so 45 prepaid. 46 (iv) Any order issued pursuant to this section, whether imposing a ban 47 or modifying one, shall be served on the metropolitan transportation 48 authority as directed by the court. 49 § 2. This act shall take effect immediately. 50 PART J 51 Section 1. Section 3 of part FF of chapter 55 of the laws of 2017, 52 relating to motor vehicles equipped with autonomous vehicle technology,S. 4008 29 A. 3008 1 as amended by section 1 of part GG of chapter 58 of the laws of 2021, is 2 amended to read as follows: 3 § 3. This act shall take effect April 1, 2017; provided, however, that 4 section one of this act shall expire and be deemed repealed April 1, 5 [2023] 2024. 6 § 2. This act shall take effect immediately. 7 PART K 8 Section 1. Paragraphs 26 and 27 of subdivision (a) of section 1642 of 9 the vehicle and traffic law, paragraph 26 as added and paragraph 27 as 10 amended by chapter 248 of the laws of 2014, are amended to read as 11 follows: 12 26. (a) With respect to highways (which term for the purposes of this 13 paragraph shall include private roads open to public motor vehicle traf- 14 fic) in such city, other than state highways maintained by the state on 15 which the department of transportation shall have established higher or 16 lower speed limits than the statutory fifty-five miles per hour speed 17 limit as provided in section sixteen hundred twenty of this title, or on 18 which the department of transportation shall have designated that such 19 city shall not establish any maximum speed limit as provided in section 20 sixteen hundred twenty-four of this title, subject to the limitations 21 imposed by section sixteen hundred eighty-four of this title, establish- 22 ment of maximum speed limits at which vehicles may proceed within such 23 city or within designated areas of such city higher or lower than the 24 fifty-five miles per hour maximum statutory limit. No such speed limit 25 applicable throughout such city or within designated areas of such city 26 shall be established at less than [twenty-five] twenty miles per hour, 27 except that school speed limits may be established at no less than 28 [fifteen] ten miles per hour [pursuant to] notwithstanding the 29 provisions of section sixteen hundred forty-three of this article. 30 (b) A city shall not lower or raise a speed limit by more than five 31 miles per hour pursuant to this paragraph unless such city provides 32 written notice and an opportunity to comment to the community board or 33 community boards established pursuant to section twenty-eight hundred of 34 the New York city charter with jurisdiction over the area in which the 35 lower or higher speed limit shall apply. Such notice may be provided by 36 electronic mail and shall be provided sixty days prior to the establish- 37 ment of such lower or higher speed limit. 38 27. (a) Establishment of maximum speed limits below [twenty-five] 39 twenty miles per hour at which motor vehicles may proceed on or along 40 designated highways within such city for the explicit purpose of imple- 41 menting traffic calming measures as such term is defined herein; 42 provided, however, that no speed limit shall be set below [fifteen] ten 43 miles per hour nor shall such speed limit be established where the traf- 44 fic calming measure to be implemented consists solely of a traffic 45 control sign. Establishment of such a speed limit shall, where applica- 46 ble, be in compliance with the provisions of sections sixteen hundred 47 twenty-four and sixteen hundred eighty-four of this [chapter] title. 48 Nothing contained herein shall be deemed to alter or affect the estab- 49 lishment of school speed limits pursuant to the provisions of section 50 sixteen hundred forty-three of this article, provided that the school 51 speed limit set forth in paragraph twenty-six of this subdivision shall 52 apply in any city to which this section is applicable. For the purposes 53 of this paragraph, "traffic calming measures" shall mean any physical 54 engineering measure or measures that reduce the negative effects ofS. 4008 30 A. 3008 1 motor vehicle use, alter driver behavior and improve conditions for 2 non-motorized street users such as pedestrians and bicyclists. 3 (b) Any city establishing maximum speed limits below [twenty-five] 4 twenty miles per hour pursuant to clause (i) of this subparagraph shall 5 submit a report to the governor, the temporary president of the senate 6 and the speaker of the assembly on or before March first, two thousand 7 fifteen and biannually thereafter on the results of using traffic calm- 8 ing measures and speed limits lower than [twenty-five] twenty miles per 9 hour as authorized by this paragraph. This report shall also be made 10 available to the public by such city on its website. Such report shall 11 include, but not be limited to the following: 12 (i) a description of the designated highways where traffic calming 13 measures and a lower speed limit were established [and]; 14 (ii) a description of the specific traffic calming measures used and 15 the maximum speed limit established; and 16 (iii) a comparison of the aggregate type, number, and severity of 17 accidents reported on streets on which street calming measures and lower 18 speed limits were implemented in the year preceding the implementation 19 of such measures and policies and the year following the implementation 20 of such measures and policies, to the extent this information is main- 21 tained by any agency of the state or the city. 22 § 2. This act shall take effect immediately. 23 PART L 24 Section 1. Subparagraph 3 of paragraph (c) of subdivision 2 of 25 section 1193 of the vehicle and traffic law, as amended by chapter 732 26 of the laws of 2006, is amended to read as follows: 27 (3) In no event shall a new license be issued where a person has been 28 twice convicted of a violation of [subdivision] any combination of, 29 subdivision two, two-a, three, four or four-a of section eleven hundred 30 ninety-two of this article [or of driving while intoxicated or of driv-31ing while ability is impaired by the use of a drug or of driving while32ability is impaired by the combined influence of drugs or of alcohol and33any drug or drugs], or of sections 120.03, 120.04, 120.04-a, 125.12, 34 125.13, or 125.14 of the penal law, where physical injury, as defined in 35 section 10.00 of the penal law, has resulted from such offense in each 36 instance. 37 § 2. This act shall take effect immediately. 38 PART M 39 Section 1. Subdivisions 3 and 3-a of section 205 of the vehicle and 40 traffic law, subdivision 3 as amended by section 3 of part G of chapter 41 59 of the laws of 2008, and subdivision 3-a as added by section 1 of 42 part F of chapter 58 of the laws of 2012, are amended to read as 43 follows: 44 3. Each such county clerk shall retain from fees collected for any 45 motor vehicle related service described in subdivision one of this 46 section processed by such county clerk an amount based on a percentage 47 of gross receipts collected. For purposes of this section, the term 48 "gross receipts" shall include all fines, fees and penalties collected 49 pursuant to this chapter by a county clerk acting as agent of the 50 commissioner, but shall not include any state or local sales or compen- 51 sating use taxes imposed under or pursuant to the authority of articles 52 twenty-eight and twenty-nine of the tax law and collected by such clerkS. 4008 31 A. 3008 1 on behalf of the commissioner of taxation and finance. The retention 2 percentage shall be [12.7] 10.75 percent [and shall take effect April3first, nineteen hundred ninety-nine; provided, however, the retention4percentage shall be thirty percent of the thirty dollar fee established5in paragraph (e) of subdivision two of section four hundred ninety-one6and paragraph f-one of subdivision two of section five hundred three of7this chapter]. 8 3-a. In addition to the fees retained pursuant to subdivision three of 9 this section, each county clerk acting as the agent of the commissioner 10 pursuant to subdivision one of this section shall retain [four percent] 11 a percentage of "enhanced internet and electronic partner revenue" 12 collected by the commissioner. For the purposes of this subdivision, 13 "enhanced internet and electronic partner revenue" shall mean the amount 14 of gross receipts attributable to all transactions conducted on the 15 internet by residents of such county and by designated partners of the 16 department on behalf of such residents for the current calendar year 17 [that exceeds the amount of such revenue collected by the commissioner18during calendar year two thousand eleven]. The commissioner shall certi- 19 fy the amounts to be retained by each county clerk pursuant to this 20 subdivision. [Provided, however, that if the aggregate amount of fees21retained by county clerks pursuant to this subdivision in calendar years22two thousand twelve and two thousand thirteen combined exceeds eighty-23eight million five hundred thousand dollars, then the percentage of fees24to be retained thereafter shall be reduced to a percentage that, if25applied to the fees collected during calendar years two thousand twelve26and two thousand thirteen combined, would have resulted in an aggregate27retention of eighty-eight million five hundred thousand dollars or 2.528percent of enhanced internet and electronic partner revenue, whichever29is higher. If the aggregate amount of fees retained by county clerks30pursuant to this subdivision in calendar years two thousand twelve and31two thousand thirteen combined is less than eighty-eight million five32hundred thousand dollars, then the percentage of fees to be retained33thereafter shall be increased to a percentage that, if applied to the34fees collected during calendar years two thousand twelve and two thou-35sand thirteen combined, would have resulted in an aggregate retention of36eighty-eight million five hundred thousand dollars, or six percent of37enhanced internet and electronic partner revenue, whichever is less. On38and after April first, two thousand sixteen, the percent of enhanced39internet and electronic partner revenue to be retained by county clerks40shall be the average of the annual percentages that were in effect41between April first, two thousand twelve and March thirty-first, two42thousand sixteen.] The retention percentage shall be 10.75 percent. 43 § 2. This act shall take effect January 1, 2024. 44 PART N 45 Section 1. Subdivision 2 of section 237 of the vehicle and traffic 46 law, as amended by chapter 458 of the laws of 2010, is amended to read 47 as follows: 48 2. To provide for penalties other than imprisonment for (a) parking 49 violations in accordance with a schedule of monetary fines and penal- 50 ties, provided however, that monetary penalties shall not exceed fifty 51 dollars for each parking violation other than (i) in a city with a popu- 52 lation of one million or more, violations committed in spaces where 53 stopping or standing is prohibited for which monetary penalties shall 54 not exceed one hundred dollars and, (ii) handicapped parking violationsS. 4008 32 A. 3008 1 for which monetary penalties shall not exceed one hundred fifty dollars; 2 and (b) abandoned vehicle violations, except in a city with a population 3 of one million or more, provided however, that monetary penalties shall 4 not be less than two hundred fifty dollars nor more than one thousand 5 dollars for each abandoned vehicle violation; and (c) a city with a 6 population of one million or more may impose a monetary penalty of up to 7 [two] four hundred [fifty] dollars for a first offense and up to five 8 hundred twenty-five dollars for subsequent offenses within a six month 9 period for tractor-trailer combinations, tractors, truck trailers and 10 semi-trailers parked overnight on streets in residential neighborhoods; 11 § 2. Subdivision 2 of section 238 of the vehicle and traffic law, as 12 amended by chapter 224 of the laws of 1995, is amended to read as 13 follows: 14 2. A notice of violation shall be served personally upon the operator 15 of a motor vehicle who is present at the time of service, and his name, 16 together with the plate designation and the plate type as shown by the 17 registration plates of said vehicle and the expiration date, provided 18 that the vehicle identification number may be inserted in such notice in 19 place of or in addition to the plate designation and plate type; the 20 make or model, and, provided that a body type is indicated on the regis- 21 tration sticker of said vehicle, the body type of said vehicle; a 22 description of the charged violation, including but not limited to a 23 reference to the applicable traffic rule or provision of this chapter; 24 information as to the days and hours the applicable rule or provision of 25 this chapter is in effect, unless always in effect pursuant to rule or 26 this chapter and where appropriate the word ALL when the days and/or 27 hours in effect are everyday and/or twenty-four hours a day; the meter 28 number for a meter violation, where appropriate; and the date, time and 29 particular place of occurrence of the charged violation, shall be 30 inserted therein. A mere listing of a meter number in cases of charged 31 meter violations shall not be deemed to constitute a sufficient 32 description of a particular place of occurrence for purposes of this 33 subdivision. The notice of violation shall be served upon the owner of 34 the motor vehicle if the operator is not present, by affixing such 35 notice to said vehicle in a conspicuous place. Whenever such notice is 36 so affixed, in lieu of inserting the name of the person charged with the 37 violation in the space provided for the identification of said person, 38 the words "owner of the vehicle bearing license" may be inserted to be 39 followed by the plate designation and plate type as shown by the regis- 40 tration plates of said vehicle together with the expiration date, 41 provided that the vehicle identification number may be inserted in such 42 notice in place of or in addition to the plate designation and plate 43 type; the make or model, and, provided that a body type is indicated on 44 the registration sticker of said vehicle, the body type of said vehicle; 45 a description of the charged violation, including but not limited to a 46 reference to the applicable traffic rule or provision of this chapter; 47 information as to the days and hours the applicable rule or provision of 48 this chapter is in effect unless always in effect pursuant to rule or 49 this chapter and where appropriate the word ALL when the days and/or 50 hours in effect are every day and/or twenty-four hours a day; the meter 51 number for a meter violation where appropriate; and the date, time and 52 particular place of occurrence of the charged violation. Service of the 53 notice of violation, or a duplicate thereof by affixation as herein 54 provided shall have the same force and effect and shall be subject to 55 the same penalties for disregard thereof as though the same wasS. 4008 33 A. 3008 1 personally served with the name of the person charged with the violation 2 inserted therein. 3 § 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle 4 and traffic law, as added by chapter 224 of the laws of 1995, is amended 5 to read as follows: 6 (a) Notwithstanding any inconsistent provision of subdivision two of 7 this section, where the plate type or the expiration date are not shown 8 on either the registration plates or sticker of a vehicle or where the 9 registration sticker is covered, faded, defaced or mutilated so that it 10 is unreadable, or cannot be located on such vehicle, the plate type or 11 the expiration date may be omitted from the notice of violation; 12 provided, however, [such] that the condition of such plates or sticker 13 must be so described and inserted on the notice of violation. 14 § 4. Subparagraph (ii) of paragraph (c) of subdivision 2-a of section 15 238 of the vehicle and traffic law, as added by chapter 409 of the laws 16 of 2001, is amended to read as follows: 17 (ii) Notice shall be served on the owner by mail to the last known 18 registered address within six years of the dismissal or within two years 19 of the time that the enforcing authority discovers, or could with 20 reasonable diligence have discovered, that the dismissal was procured 21 due to the knowing fraud, false testimony, misrepresentation, or other 22 misconduct, or the knowing alteration of a notice of parking violation, 23 by the person so charged or his or her agent, employee, or represen- 24 tative. Such notice shall fix a time when and place where a hearing 25 shall be held before a hearing examiner to determine whether or not 26 dismissal of a charged parking violation shall be set aside. Such notice 27 shall set forth the basis for setting aside the dismissal and advise the 28 owner that failure to appear at the date and time indicated in such 29 notice shall be deemed an admission of liability and shall result in the 30 setting aside of the dismissal and entry of a determination on the 31 charged parking violation. Such notice shall also contain a warning 32 that civil penalties may be imposed for the violation pursuant to this 33 paragraph and that a default judgment may be entered thereon. 34 § 5. Section 242 of the vehicle and traffic law is amended by adding a 35 new subdivision 3-a to read as follows: 36 3-a. Notwithstanding any provision of this section to the contrary, an 37 appeal shall be conducted only when an appellant has either: 38 (a) posted a bond in the amount of the determination appealed from; or 39 (b) paid to the parking violations bureau the following penalties and 40 surcharges, as applicable: 41 (i) any penalty imposed pursuant to a notice of liability issued 42 pursuant to a program authorized by section three hundred eighty-five-a, 43 eleven hundred eleven-a, eleven hundred eleven-c, or eleven hundred 44 eighty-b of this chapter, other than any additional penalty imposed for 45 failure to respond to a notice of liability within the prescribed time 46 period; and 47 (ii) any surcharge levied pursuant to a notice of violation issued in 48 accordance with sections eighteen hundred nine-a and eighteen hundred 49 nine-b of this chapter. 50 § 6. Subdivision 6 of section 242 of the vehicle and traffic law, as 51 added by chapter 515 of the laws of 2004, is amended to read as follows: 52 6. When charges have been overturned by [a court or] any [other] 53 administrative body or officer, the party in whose favor the appeal is 54 decided shall be entitled to have returned an amount equal to any fine 55 or penalty imposed and collected from the parking violations bureau 56 within thirty days of the entry of the judgement; provided, however,S. 4008 34 A. 3008 1 that such [court,] administrative body or officer shall have the author- 2 ity to lessen from such amount any debt owed by such party and shall 3 apply this amount to any outstanding fines and penalties owed by the 4 same individual. If payment is not made within thirty days, a penalty 5 shall accrue at the same rate as that imposed for failure to make timely 6 payment of a fine and shall be paid by the parking violations bureau. 7 § 7. This act shall take effect immediately, provided that section 8 four of this act shall apply with respect to any determination made on 9 or after the first day of the first month succeeding the sixtieth day 10 after this act shall have become a law. 11 PART O 12 Section 1. Paragraph b of subdivision 9 of section 140 of the trans- 13 portation law, as amended by chapter 9 of the laws of 2020, is amended 14 to read as follows: 15 b. (i) Whenever [an altered motor vehicle commonly referred to as a16"stretch limousine"] a passenger carrying motor vehicle subject to the 17 jurisdiction of the commissioner in accordance with this section and 18 section eighty of this chapter has failed an inspection and been placed 19 out-of-service, the commissioner may direct a police officer or his or 20 her agent to immediately secure possession of the number plates of such 21 vehicle and return the same to the commissioner of motor vehicles. The 22 commissioner shall notify the commissioner of motor vehicles to that 23 effect, and the commissioner of motor vehicles shall thereupon suspend 24 the registration of such vehicle until such time as the commissioner 25 gives notice that the out-of-service defect has been satisfactorily 26 adjusted. Provided, however, that the commissioner shall give notice and 27 an opportunity to be heard within not more than thirty days of the 28 suspension. Failure of the holder or of any person possessing such 29 plates to deliver to the commissioner or his or her agent who requests 30 the same pursuant to this paragraph shall be a misdemeanor. The commis- 31 sioner of motor vehicles shall have the authority to deny a registration 32 or renewal application to any other person for the same vehicle where it 33 has been determined that such registrant's intent has been to evade the 34 purposes of this paragraph and where the commissioner of motor vehicles 35 has reasonable grounds to believe that such registration or renewal will 36 have the effect of defeating the purposes of this paragraph. The proce- 37 dure on any such suspension shall be the same as in the case of a 38 suspension under the vehicle and traffic law. Operation of such motor 39 vehicle while under suspension as provided in this subdivision shall 40 constitute a class A misdemeanor. 41 (ii) (a) Upon the seizure of number plates pursuant to subparagraph 42 (i) of this paragraph, if the out-of-service defect is of a type where 43 pursuant to the commissioner's regulations no inspection certificate 44 will be issued until the defect is repaired and a re-inspection is 45 conducted, or is related to its horn, and the commissioner determines 46 that allowing the [altered] motor vehicle to leave the inspection area 47 would be contrary to public safety, the commissioner may: (A) remove or 48 arrange for the removal of, or may direct any police officer to remove 49 or arrange for the removal of, the [altered] motor vehicle to a non- 50 public garage or other place of safety where it shall remain impounded, 51 subject to the provisions of this section; or (B) immobilize or arrange 52 for the immobilization of the [altered] motor vehicle on premises owned 53 or under the control of the owner of such [altered] motor vehicle, 54 subject to the provisions of this section. The [altered] motor vehicleS. 4008 35 A. 3008 1 shall be entered into the New York statewide police information network 2 as an impounded or immobilized vehicle and the commissioner shall 3 promptly notify the owner that the [altered] motor vehicle has been 4 impounded or immobilized and the reason or reasons for such impoundment 5 or immobilization, and give such owner an opportunity to be heard within 6 not more than thirty days of the suspension imposed pursuant to subpara- 7 graph (i) of this paragraph. 8 (b) A motor vehicle so impounded or immobilized shall be in the custo- 9 dy of the commissioner and shall not be released unless the commissioner 10 is satisfied that repairs have been scheduled or been made to satisfac- 11 torily adjust such vehicle's out-of-service defect or defects and such 12 vehicle has been re-inspected. 13 (c) The commissioner shall provide written notice to the owner or 14 operator of the service repair shop or impoundment lot informing them 15 that such impounded vehicle shall not be released without the written 16 approval of the commissioner. Release of such impounded vehicle without 17 approval by the commissioner shall be punishable by a fine of up to ten 18 thousand dollars[;]. 19 § 2. This act shall take effect immediately. 20 PART P 21 Section 1. Section 600 of the vehicle and traffic law is amended by 22 adding a new subdivision 4 to read as follows: 23 4. Removal of a vehicle. Operation of a motor vehicle in a manner 24 consistent with subdivision (e) of section twelve hundred of this chap- 25 ter shall not be deemed a violation of this section. 26 § 2. Section 1200 of the vehicle and traffic law is amended by adding 27 a new subdivision (e) to read as follows: 28 (e) When a vehicle is involved in an incident involving no personal 29 injury or death, and the operator of such vehicle knows or has cause to 30 know that such incident resulted in damage to the real or personal prop- 31 erty of another, the operator of such vehicle, and the operator of any 32 other vehicle involved, shall immediately move or cause to be removed 33 such vehicle or vehicles from the travel lane to a location off the 34 highway that remains in the immediate vicinity of the incident, provided 35 that the vehicle is operable, that the operator may lawfully move the 36 vehicle in accordance with all laws including those prohibiting impaired 37 driving, and that the movement of such vehicle can be done safely. Vehi- 38 cle operation in accordance with the provisions of this subdivision 39 shall not be construed to imply that no injury has occurred, nor shall 40 the driver be considered liable or at fault regarding the cause of the 41 incident solely by moving or causing the removal of the vehicle. Moving 42 a vehicle consistent with this subdivision shall not relieve an investi- 43 gating police officer from the obligation to file a report that is 44 otherwise required. Nothing in this subdivision shall be construed to 45 authorize otherwise unqualified persons to clear or remove hazardous 46 materials from the highway or to move vehicles which are transporting 47 hazardous materials in a manner inconsistent with applicable law. 48 § 3. This act shall take effect immediately. 49 PART Q 50 Section 1. Paragraph 1 of subsection (a) of section 801 of the tax 51 law, as amended by section 1 of part N of chapter 59 of the laws of 52 2012, is amended to read as follows:S. 4008 36 A. 3008 1 (1) For employers who engage in business within the MCTD, the tax is 2 imposed at a rate of (A) eleven hundredths (.11) percent of the payroll 3 expense for employers with payroll expense no greater than three hundred 4 seventy-five thousand dollars in any calendar quarter, (B) twenty-three 5 hundredths (.23) percent of the payroll expense for employers with 6 payroll expense greater than three hundred seventy-five thousand dollars 7 and no greater than four hundred thirty-seven thousand five hundred 8 dollars in any calendar quarter, and (C) [thirty-four] fifty hundredths 9 [(.34)] (.50) percent of the payroll expense for employers with payroll 10 expense in excess of four hundred thirty-seven thousand five hundred 11 dollars in any calendar quarter. If the employer is a professional 12 employer organization, as defined in section nine hundred sixteen of the 13 labor law, the employer's tax shall be calculated by determining the 14 payroll expense attributable to each client who has entered into a 15 professional employer agreement with such organization and the payroll 16 expense attributable to such organization itself, multiplying each of 17 those payroll expense amounts by the applicable rate set forth in this 18 paragraph and adding those products together. 19 § 2. Paragraph 2 of subsection (a) of section 801 of the tax law, as 20 amended by section 1 of part N of chapter 59 of the laws of 2012, is 21 amended to read as follows: 22 (2) For individuals, the tax is imposed at a rate of [thirty-four] 23 forty-two hundredths [(.34)] (.42) percent of the net earnings from 24 self-employment of individuals that are attributable to the MCTD if such 25 earnings attributable to the MCTD exceed fifty thousand dollars for the 26 tax year. 27 § 3. Paragraph 2 of subsection (a) of section 801 of the tax law, as 28 amended by section two of this act, is amended to read as follows: 29 (2) For individuals, the tax is imposed at a rate of [forty-two] fifty 30 hundredths [(.42)] (.50) percent of the net earnings from self-employ- 31 ment of individuals that are attributable to the MCTD if such earnings 32 attributable to the MCTD exceed fifty thousand dollars for the tax year. 33 § 4. This act shall take effect immediately; provided, however, that: 34 (a) (i) section one of this act shall apply to tax quarters beginning 35 on or after July 1, 2023; 36 (ii) section two of this act shall apply to taxable years beginning on 37 or after January 1, 2023 and before January 1, 2024; and 38 (iii) section three of this act shall apply to taxable years beginning 39 on or after January 1, 2024; and 40 (b) section two of this act shall expire and be deemed repealed Janu- 41 ary 1, 2024, when upon such date the provisions of section three shall 42 take effect. 43 PART R 44 Section 1. Subdivision 1 of section 1352 of the racing, pari-mutuel 45 wagering and breeding law, as added by chapter 174 of the laws of 2013, 46 is amended to read as follows: 47 1. (a) The commission shall pay into an account, to be known as the 48 commercial gaming revenue fund as established pursuant to section nine- 49 ty-seven-nnnn of the state finance law, under the joint custody of the 50 comptroller and the commissioner of taxation and finance, all taxes and 51 fees imposed by this article paid by a gaming facility licensed under 52 title two of this article; any interest and penalties imposed by the 53 commission relating to those taxes; the appropriate percentage of the 54 value of expired gaming related obligations; all penalties levied andS. 4008 37 A. 3008 1 collected by the commission; and the appropriate funds, cash or prizes 2 forfeited from gambling activity. 3 (b) For any gaming facility licensed under title two-A of this arti- 4 cle, the commission shall pay, without appropriation, into the metropol- 5 itan transportation authority finance fund established under section one 6 thousand two hundred seventy-h of the public authorities law the follow- 7 ing: 8 (i) for any gaming facility not located within the city of New York, 9 eighty percent of the taxes and licensing fees imposed by this article, 10 and any interest and penalties imposed by the commission relating to 11 those taxes. 12 (ii) for any gaming facility located within the city of New York, one 13 hundred percent of the taxes and licensing fees imposed by this article, 14 and any interest and penalties imposed by the commission relating to 15 those taxes. 16 (iii) (1) notwithstanding subparagraph (i) of this paragraph, if a 17 gaming facility licensed under title two-A of this article was previous- 18 ly authorized to operate video lottery gaming pursuant to section one 19 thousand six hundred seventeen-a of the tax law, an amount equal to the 20 amount determined in clause two of this subparagraph shall be deposited 21 into the state lottery fund. Any remaining funds shall be transferred in 22 accordance with this subdivision. 23 (2) The amount to be deducted shall be equal to the greater of (A) the 24 revenue received from the facility for education aid deposits into the 25 state lottery fund for the twelve months immediately preceding the date 26 on which such facility began operations as a commercial casino pursuant 27 to title two-A of this article, or (B) the revenue received from the 28 facility for education aid deposits into the state lottery fund for 29 state fiscal year two thousand twenty-two. 30 (c) For any gaming facility licensed under title two-A of this arti- 31 cle, the commission shall pay into the commercial gaming revenue fund 32 established under section ninety-seven-nnnn of the state finance law the 33 following: 34 (i) for any gaming facility not located within the city of New York, 35 ten percent of the taxes and licensing fees imposed by this article, and 36 any interest and penalties imposed by the commission relating to those 37 taxes. Such funds shall be allocated in accordance with the provisions 38 of paragraph b of subdivision three of section ninety-seven-nnnn of the 39 state finance law. 40 (ii) for any gaming facility not located within the city of New York, 41 ten percent of the taxes and licensing fees imposed by this article, and 42 any interest and penalties imposed by the commission relating to those 43 taxes among counties within the region, as defined by section one thou- 44 sand three hundred ten of this article, hosting said facility for the 45 purpose of real property tax relief and for education assistance. Such 46 distribution shall be made among the counties on a per capita basis, 47 subtracting the population of host municipality and county. Such funds 48 shall be allocated in accordance with the provisions of paragraph c of 49 subdivision three of section ninety-seven-nnnn of the state finance law. 50 § 2. Subdivision 2 of section 97-nnnn of the state finance law, as 51 added by chapter 174 of the laws of 2013, is amended to read as follows: 52 2. Such account shall consist of all revenues [from all taxes and fees53imposed by article thirteen of the racing, pari-mutuel wagering and54breeding law; any interest and penalties imposed by the New York state] 55 received from the gaming commission [relating to those taxes; the56percentage of the value of expired gaming related obligations; and allS. 4008 38 A. 3008 1penalties levied and collected by the commission. Additionally, the2state gaming commission shall pay into the account any appropriate3funds, cash or prizes forfeited from gambling activity] pursuant to 4 paragraphs (a) and (c) of subdivision one of section thirteen hundred 5 fifty-two of the racing, pari-mutuel wagering and breeding law. 6 § 3. Subdivision 2 of section 1270-h of the public authorities law, as 7 amended by section 13 of part UU of chapter 59 of the laws of 2018, is 8 amended to read as follows: 9 2. The comptroller shall deposit into the metropolitan transportation 10 authority finance fund (a) monthly, pursuant to appropriation, the 11 moneys deposited in the mobility tax trust account of the metropolitan 12 transportation authority financial assistance fund pursuant to any 13 provision of law directing or permitting the deposit of moneys in such 14 fund, [and] (b) without appropriation, the revenue including taxes, 15 interest and penalties collected in accordance with article twenty-three 16 of the tax law, and (c) without appropriation, the revenue including 17 taxes and licensing fees collected in accordance with the relevant 18 provisions of paragraph (b) of subdivision one of section thirteen 19 hundred fifty-two of the racing, pari-mutuel wagering and breeding law. 20 § 4. This act shall take effect immediately and shall expire and be 21 deemed repealed 10 years after such date. 22 PART S 23 Section 1. Section 9-y of the banking law, as added by chapter 398 of 24 the laws of 2021, is amended to read as follows: 25 § 9-y. [Banking institutions to pay checks drawn therein in order of26presentation] Order of payment of checks and other debits, insufficient 27 funds charges and return deposit item charges. 1. Order of paying 28 checks. (a) Notwithstanding any law, rule or regulation to the contrary, 29 every banking [institution] organization that provides checking services 30 to consumer [checking] accounts shall either pay checks in the order 31 wherein they are received or pay checks from smallest to largest dollar 32 amount for each business day's transactions. 33 [2.] (b) If a check is dishonored for insufficient funds and thereaft- 34 er smaller checks which could be paid are received, the smaller checks 35 shall be honored within amounts on deposit in the subject account. 36 [3.] (c) The banking [institution] organization shall disclose to 37 consumers in writing the order in which checks are drawn. The written 38 disclosure shall be provided to the consumer at the time the account is 39 opened and prior to any change in such policy. 40 (d) The superintendent shall promulgate rules and regulations neces- 41 sary for the implementation of this section. 42 [4.] 2. Regulation of other consumer account transactions and associ- 43 ated fees. (a) The superintendent shall have the power to prescribe by 44 regulation: 45 i. the manner in which banking organizations process debit and credit 46 transactions, other than those specified in subdivision one of this 47 section, for consumer accounts maintained at such organization; 48 ii. the charges that may be imposed in connection with a check drawn 49 or other written order upon, or electronic transfer sought to be effec- 50 tuated against, insufficient funds or uncollected balances in a consumer 51 account, whether or not the banking organization pays such check, writ- 52 ten order, or electronic transfer; 53 iii. the charges that may be imposed in connection with a check or 54 other written order received by a banking organization for deposit orS. 4008 39 A. 3008 1 collection drawn against a consumer account and subsequently dishonored 2 and returned for any reason by the drawee; 3 iv. disclosures provided to consumers regarding the processing of 4 transactions in a consumer account and the associated fees; and 5 v. alerts, notices, and other disclosures relating to the imposition 6 or possible imposition of a charge as provided in subparagraphs ii and 7 iii of this paragraph. 8 (b) In prescribing regulations regarding the manner in which banking 9 organizations process debit or credit transactions, or the charges that 10 may be imposed pursuant to subparagraphs ii or iii of paragraph (a) of 11 this subdivision, the superintendent shall consider, at a minimum, the 12 following factors: 13 i. the cost incurred by the banking organization, in providing any 14 services associated with such charges; 15 ii. the competitive position of the banking organization; and 16 iii. the maintenance of a safe and sound banking organization that 17 protects the public interest. 18 3. Definition. As used in this section, "consumer [checking] accounts" 19 means accounts at banking organizations established by natural persons 20 primarily for personal, family or household purposes. 21 § 2. This act shall take effect immediately. 22 PART T 23 Section 1. Subdivision 7 of section 339-n of the real property law is 24 REPEALED. 25 § 2. Subdivisions 8 and 9 of section 339-n of the real property law 26 are renumbered subdivisions 7 and 8. 27 § 3. Subdivision 2 of section 339-s of the real property law, as added 28 by chapter 346 of the laws of 1997, is amended to read as follows: 29 2. [Each such declaration, and any amendment or amendments thereof30shall be filed with the department of state] (a) The board of managers 31 for each condominium subject to this article, shall file with the secre- 32 tary of state a certificate of designation, in writing, signed, desig- 33 nating the secretary of state as agent of the board of managers upon 34 whom process against it may be served, providing the post office address 35 within or without this state to which the secretary of state shall mail 36 a copy of process against it served upon the secretary of state by 37 personal delivery, and may include an email address to which the secre- 38 tary of state shall email a notice of the fact that process against the 39 board of managers has been served electronically upon the secretary of 40 state; provided, however, that a designation filed with the secretary of 41 state pursuant to section four hundred two of the business corporation 42 law or section four hundred two of the not-for-profit corporation law 43 shall also serve as such designation. A certificate of designation shall 44 be accompanied by a fee of sixty dollars. 45 (b) Any board of managers may, from time to time, change the post 46 office address to which the secretary of state is directed to mail 47 copies of process against the board of managers served on the secretary 48 of state by personal delivery, and/or specify, change or delete the 49 email address to which the secretary of state shall email a notice of 50 the fact that process against the board of managers has been served 51 electronically upon the secretary of state, by filing a signed certif- 52 icate of amendment of the certificate of designation with the department 53 of state. Such certificate shall be accompanied by a fee of sixty 54 dollars.S. 4008 40 A. 3008 1 (c) Service of process on the secretary of state as agent of a board 2 of managers shall be made in the manner provided by subparagraph (i) or 3 (ii) of this paragraph: 4 (i) Personally delivering to and leaving with the secretary of state 5 by personally delivering to and leaving with the secretary of state or 6 his or her deputy, or with any person authorized by the secretary of 7 state to receive such service, at the office of the department of state 8 in the city of Albany, duplicate copies of such process together with 9 the statutory fee, which fee shall be a taxable disbursement. Service of 10 process on such board of managers shall be complete when the secretary 11 of state is so served. The secretary of state shall promptly send one of 12 such copies by certified mail, return receipt requested, to such board 13 of managers, at the post office address on file in the department of 14 state specified for such purpose. 15 (ii) Electronically submitting a copy of the process to the department 16 of state together with the statutory fee, which fee shall be a taxable 17 disbursement, through an electronic system operated by the department of 18 state, provided the board of managers has an email address on file in 19 the department of state to which the secretary of state shall email a 20 notice of the fact that process against the board of managers has been 21 served electronically upon the secretary of state. Service of process on 22 such board of managers shall be complete when the secretary of state has 23 reviewed and accepted service of such process. The secretary of state 24 shall promptly send notice of the fact that process has been served 25 electronically on the secretary of state to such board of managers at 26 the email address on file in the department of state, specified for such 27 purpose and shall make a copy of the process available to such board of 28 managers. 29 (d) As used in this article, "process" shall mean judicial process and 30 all orders, demands, notices or other papers required or permitted by 31 law to be personally served on a board of managers, for the purpose of 32 acquiring jurisdiction of such board of managers in any action or 33 proceeding, civil or criminal, whether judicial, administrative, arbi- 34 trative or otherwise, in this state or in the federal courts sitting in 35 or for this state. 36 (e) Nothing in this subdivision shall affect the right to serve proc- 37 ess in any other manner permitted by law. 38 (f) The department of state shall keep a record of each process served 39 under this subdivision, including the date of service. It shall, upon 40 request, made within ten years of such service, issue a certificate 41 under its seal certifying as to the receipt of process by an authorized 42 person, the date and place of such service and the receipt of the statu- 43 tory fee. Process served on the secretary of state under this section 44 shall be destroyed by him or her after a period of ten years from such 45 service. 46 (g) A designation of the secretary of state as agent of a board of 47 managers upon whom process against the board of managers may be served, 48 the post office address to which the secretary of state shall mail a 49 copy of any process served upon him or her by personal delivery, and the 50 email address, if any, to which the secretary of state shall email a 51 notice of the fact that process against the board of managers has been 52 electronically served upon the secretary of state, included in a decla- 53 ration, or amendment thereof, and filed with the department of state 54 under this subdivision, shall continue until a certificate of desig- 55 nation is filed with the secretary of state under this subdivision.S. 4008 41 A. 3008 1 § 4. This act shall take effect on the ninetieth day after it shall 2 have become a law. 3 PART U 4 Section 1. Section 4 of chapter 495 of the laws of 2004, amending the 5 insurance law and the public health law relating to the New York state 6 health insurance continuation assistance demonstration project, as 7 amended by section 4 of part T of chapter 58 of the laws of 2022, is 8 amended to read as follows: 9 § 4. This act shall take effect on the sixtieth day after it shall 10 have become a law; provided, however, that this act shall remain in 11 effect until July 1, [2023] 2024 when upon such date the provisions of 12 this act shall expire and be deemed repealed; provided, further, that a 13 displaced worker shall be eligible for continuation assistance retroac- 14 tive to July 1, 2004. 15 § 2. This act shall take effect immediately. 16 PART V 17 Section 1. The general business law is amended by adding a new article 18 42 to read as follows: 19 ARTICLE 42 20 NATURAL ORGANIC REDUCTION FACILITIES 21 Section 1100. Definitions. 22 1101. Authorized entities. 23 1102. Powers of the department of state. 24 1103. Rules and regulations. 25 1104. Natural organic reduction facility operation. 26 1105. Fees. 27 1106. Revocation and suspension of authorization to operate; 28 fines. 29 1107. Hearing on charges; decision. 30 1108. Judicial review. 31 1109. Criminal penalties. 32 1110. Official acts used as evidence. 33 1111. Separability clause. 34 § 1100. Definitions. As used in this article: 35 1. "Authorizing agent" means the person in control of whether the 36 human remains are naturally organically reduced pursuant to section 37 forty-two hundred one of the public health law. 38 2. "Cemetery corporation" has the same meaning as paragraph (a) of 39 section fifteen hundred two of the not-for-profit corporation law. 40 3. "Funeral firm" has the same meaning as subdivision (j) of section 41 thirty-four hundred of the public health law. 42 4. "Registered resident" has the same meaning as subdivision (k) of 43 section thirty-four hundred of the public health law. 44 5. "Natural organic reduction" means the contained, accelerated 45 conversion of human remains to soil. 46 6. "Natural organic reduction authorization" means a form signed by 47 the authorizing agent and containing such information as required by the 48 department of state. 49 7. "Natural organic reduction facility" means a structure, room, or 50 other space in a building or real property where natural organic 51 reduction of a human body occurs.S. 4008 42 A. 3008 1 8. "Natural organic reduction permit" means the burial and removal 2 permit required pursuant to section forty-one hundred forty-five of the 3 public health law that is annotated for disposition of the remains of a 4 deceased human being by natural organic reduction. 5 9. "Person" means an individual, corporation, company, partnership, 6 funeral firm or not-for-profit corporation. 7 § 1101. Authorized entities. 1. No person other than a cemetery corpo- 8 ration, operating pursuant to the approval of the cemetery board under 9 article fifteen of the not-for-profit corporation law, shall engage in 10 the operation of a natural organic reduction facility or hold themselves 11 out as able to do so unless they are authorized in accordance with this 12 article. Any person other than a cemetery corporation intending to oper- 13 ate a natural organic reduction facility shall submit an application to 14 the department of state, in a form and manner authorized by the depart- 15 ment of state. Such application shall include: 16 (a) The name and address of the applicant: if any individual, the name 17 under which the individual intends to conduct business; if a partner- 18 ship, the name and business address of each member thereof, and the name 19 under which business is to be conducted; if a corporation, the name of 20 the corporation and the name and business address of each stockholder of 21 the corporation holding stock interests of more than ten percent; 22 (b) A certified survey of the site and location within the county it 23 will be situated; 24 (c) A business plan for the operation of the natural organic reduction 25 facility to include, but not be limited to, number of expected natural 26 organic reductions per year, number of natural organic reduction units, 27 manufacture, capital costs, financing, anticipated number of employees, 28 types of services provided, pricing thereof; 29 (d) A description of the impact of the proposed natural organic 30 reduction facility on other natural organic reduction facilities, if 31 any, within the county or impact on the surrounding community; 32 (e) Plans, designs, and costs of any structures to be erected or 33 retrofitted for the natural organic reduction facility use; and 34 (f) A description of any approval or permits required by state or 35 local law. No natural organic reduction facility shall be approved until 36 such other approvals or permits have been obtained. 37 2. Within thirty-five days following receipt of the information 38 required by subdivision one of this section, the department of state may 39 request any additional information or documentation and technical 40 assistance deemed necessary to review such information. Such information 41 shall not be deemed complete until the requested additional information 42 has been received. If no such request is made, the submission shall be 43 deemed complete on the thirty-fifth day after its receipt by the depart- 44 ment of state. 45 3. The department of state shall approve or deny the proposed natural 46 organic reduction facility within ninety days of the completed 47 submission. 48 4. The department of state shall provide written notice of its deter- 49 mination to the person. If a negative determination is made, such notice 50 shall state the reasons therefor. Notice shall be made by registered or 51 certified mail addressed to the person at the address listed in the 52 application. 53 5. Any person who has had their application denied by the department 54 of state may appeal such determination pursuant to section eleven 55 hundred seven of this article.S. 4008 43 A. 3008 1 § 1102. Powers of the department of state. The department of state 2 shall periodically inspect all natural organic reduction facilities 3 operated in accordance with this article. In addition to the powers and 4 duties elsewhere prescribed in this article the department of state 5 shall have power to: 6 1. Appoint an adequate number of assistants, inspectors and other 7 employees as may be necessary to carry out the provisions of this arti- 8 cle, to prescribe their duties, and to fix their compensation within the 9 amount appropriated therefor; 10 2. Investigate natural organic reduction facilities under this arti- 11 cle; 12 3. Conduct physical inspections of all grounds and buildings of any 13 natural organic reduction facility; 14 4. Conduct a financial audit of all business records, authorizations, 15 documents, funds, accounts and contracts of any natural organic 16 reduction facility; 17 5. Issue subpoenas for persons or records deemed appropriate to an 18 investigation or any other action taken pursuant to this article; 19 6. Provide information and records to the department of health 20 concerning any funeral firm that has violated the provisions of this 21 article or rules and regulations implemented in this article, as may be 22 required by the department of health to carry out its responsibilities 23 under the public health law or any rules or regulations implemented 24 thereunder; and 25 7. Require information and records from the department of health 26 concerning any funeral firm operating or intending to operate a natural 27 organic reduction facility. 28 § 1103. Rules and regulations. The department of state shall have the 29 power to adopt such rules and regulations not inconsistent with the 30 provisions of this article, in consultation with the departments of 31 health and environmental conservation, as may be necessary with respect 32 to applications to operate, the investigation of natural organic 33 reduction facilities, the form and content of natural organic reduction 34 authorizations, the operation of natural organic reduction facilities, 35 the safety standards for naturally organically reduced remains, consumer 36 protections and disclosures, and the other matters incidental or appro- 37 priate for the proper administration and enforcement of the provisions 38 of this article, and to amend or repeal any such rules or regulations. 39 § 1104. Natural organic reduction facility operation. Natural organic 40 reduction facility operators shall have the following duties and obli- 41 gations: 42 1. (a) A natural organic reduction facility shall be maintained in a 43 clean, orderly, and sanitary manner, with adequate ventilation and shall 44 have a temporary storage area available to store the remains of deceased 45 human beings pending disposition by natural organic reduction, the inte- 46 rior of which shall not be accessible to the general public. 47 (b) Entrances and windows of the facility shall be maintained at all 48 times to secure privacy, including, but not limited to: (i) doors shall 49 be tightly closed and rigid; (ii) windows shall be covered; and (iii) 50 entrances shall be locked and secured when not actively attended by 51 authorized facility personnel. 52 2. (a) The natural organic reduction process shall be conducted in 53 privacy. No person except authorized persons shall be admitted into the 54 reduction area, holding facility, or the temporary storage facility 55 while the remains of deceased human beings are being naturally organ- 56 ically reduced. Authorized persons, on admittance, shall comply with allS. 4008 44 A. 3008 1 rules of the natural organic reduction facility and not infringe upon 2 the privacy of the remains of deceased human beings. 3 (b) The following are authorized persons: (i) employees and officers 4 of the natural organic reduction facility; (ii) licensed, registered 5 funeral directors, registered residents, and enrolled students of mortu- 6 ary science; (iii) officers and trustees of cemetery corporations; (iv) 7 authorized employees or their authorized agents of cemetery corpo- 8 rations; (v) public officers acting in the discharge of their duties; 9 (vi) authorized instructors of funeral directing or natural organic 10 reduction; (vii) licensed physicians or nurses; and (viii) members of 11 the immediate family of the deceased and their authorized agents and 12 designated representatives. 13 (c) Every natural organic reduction facility shall use its best 14 efforts to commence natural organic reduction within twenty-four hours 15 of accepting delivery of such remains. Good cause, such as the need to 16 confirm the identity of the deceased human being, must be demonstrated 17 if natural organic reduction of remains commences more than forty-eight 18 hours after delivery is accepted. 19 3. (a) No natural organic reduction facility shall naturally organ- 20 ically reduce the remains of any deceased human being without the accom- 21 panying natural organic reduction permit, required pursuant to section 22 forty-one hundred forty-five of the public health law which permit shall 23 constitute presumptive evidence of the identity of said remains. In 24 addition, all natural organic reduction facilities situated outside the 25 city of New York, must comply with paragraph (b) of subdivision two of 26 section forty-one hundred forty-five of the public health law pertaining 27 to the receipt of the deceased human being. From the time of such deliv- 28 ery to the natural organic reduction facility, until the time the 29 natural organic reduction facility distributes the remains as directed, 30 the facility shall be responsible for the remains of the deceased human 31 being. Further, a natural organic reduction authorization form shall 32 accompany the permit required in section forty-one hundred forty-five of 33 the public health law. This form, provided or approved by the facility, 34 shall be signed by the authorized agent attesting to the permission for 35 the natural organic reduction of the deceased, and disclosing to the 36 natural organic reduction facility that such body does not contain a 37 battery, battery pack, power cell, radioactive implant, or radiological 38 device, if any, and that these materials were removed prior to the 39 natural organic reduction process. 40 (b) Upon good cause being shown rebutting the presumption of the iden- 41 tity of such remains, the natural organic reduction shall not commence 42 until reasonable confirmation of the identity of the deceased human 43 being is made. This proof may be in the form of, but not limited to, a 44 signed affidavit from a licensed physician, a member of the family of 45 the deceased human being, the authorizing agent or a court order from 46 the state supreme court within the county of the natural organic 47 reduction facility. Such proof shall be provided by the authorizing 48 agent. 49 (c) The facility shall have a written plan to assure that the iden- 50 tification established by the natural organic reduction permit accompa- 51 nies the remains of the deceased human being through the natural organic 52 reduction process and until the identity of the deceased is accurately 53 and legibly inscribed on the container in which the remains are placed. 54 4. (a) The remains of a deceased human being shall be delivered to 55 the natural organic reduction facility in a container or in external 56 wrappings sufficient to contain the remains and also designed to fullyS. 4008 45 A. 3008 1 decompose in the natural reduction process. Such container or external 2 wrappings holding the remains of the deceased human being shall not be 3 opened after delivery to the natural organic reduction facility unless 4 there exists good cause to confirm the identity of the deceased, or to 5 assure that no material is enclosed which might cause injury to employ- 6 ees or damage to natural organic reduction facility property, or upon 7 reasonable demand by members of the immediate family or the authorizing 8 agent. 9 (b) In such instances in which the container or wrappings are opened 10 after delivery to the natural organic reduction facility, such action 11 shall only be conducted by the licensed funeral director or registered 12 resident delivering the remains of the deceased human being and a record 13 shall be made, which shall include the reason for such action, the 14 signature of the person authorizing the opening thereof, and the names 15 of the person opening the container or wrappings and the witness there- 16 to, which shall be retained in the permanent file of the natural organic 17 reduction facility. 18 The opening of the container or wrapping shall be conducted in the 19 presence of the witness and shall comply with all rules and regulations 20 intended to protect the health and safety of natural organic reduction 21 facility personnel. 22 5. In those instances in which the remains of deceased human beings 23 are to be delivered to a natural organic reduction facility in a casket 24 or other container that is not to be naturally organically reduced with 25 the deceased, timely disclosure thereof must be made by the person 26 making the funeral arrangements to the natural organic reduction facili- 27 ty that prior to natural organic reduction the remains of the deceased 28 human being shall be transferred to a container or external wrappings 29 sufficient to contain the remains and also designed to fully decompose 30 in the natural reduction process. Such signed acknowledgement of the 31 authorizing person, that the timely disclosure has been made, shall be 32 retained by the natural organic reduction facility in its permanent 33 records. 34 6. (a) The remains of a deceased human being shall not be removed from 35 the casket, container, or external wrappings in which it is delivered to 36 the natural organic reduction facility unless explicit, signed authori- 37 zation is provided by the person making funeral arrangements or by a 38 public officer discharging a statutory duty, which signed authorization 39 shall be retained by the natural organic reduction facility in its 40 permanent records. 41 (b) When the remains of a deceased human being are to be transferred 42 to a container, the transfer shall be conducted in privacy with dignity 43 and respect and by a licensed funeral director or registered resident. 44 The transferring operation shall comply with all rules and regulations 45 intended to protect the health and safety of facility personnel. 46 7. The natural organic reduction of remains of more than one deceased 47 human being in a reduction container at any one time is unlawful, except 48 upon the explicit, signed authorization provided by the persons making 49 funeral arrangements and the signed approval of the natural organic 50 reduction facility, which shall be retained by the natural organic 51 reduction facility in its permanent records. 52 8. (a) Upon the completion of the natural organic reduction of the 53 remains of a deceased human being, the interior of the natural organic 54 reduction container shall be thoroughly swept or otherwise cleaned so as 55 to render the natural organic reduction container reasonably free of all 56 matter. The contents thereof shall be placed into an individual contain-S. 4008 46 A. 3008 1 er and not commingled with other remains. The natural organic reduction 2 permit shall be attached to the individual container preparatory to 3 final processing. A magnet and sieve, or other appropriate method of 4 separation, may be used to divide the remains from unrecognizable, inci- 5 dental or foreign material. 6 (b) The incidental and foreign material of the natural organic 7 reduction process shall be disposed of in a safe manner in compliance 8 with all sanitary rules and regulations as by-products. 9 (c) The remains shall be pulverized until no single fragment is recog- 10 nizable as skeletal tissue. 11 (d) The pulverized remains shall be transferred to a container or to 12 multiple containers, if so requested in writing by the authorizing 13 agent. Such container or containers shall have inside dimensions of 14 suitable size to contain the remains of the person who was naturally 15 organically reduced. 16 (e) The prescribed container or containers shall be accurately and 17 legibly labeled with the identification of the human being whose remains 18 are contained therein, in a manner acceptable to the department of 19 state. 20 9. The authorizing agent shall be responsible for the final disposi- 21 tion of the remains. Remains resulting from the natural organic 22 reduction process are not recoverable once scattered or interred. 23 Remains shall be disposed of by scattering or spreading them in a desig- 24 nated scattering garden or area in a cemetery, or by prior authorization 25 by the cemetery corporation, by interment in a grave, crypt, or niche. 26 Upon completion of the natural organic reduction process, the natural 27 organic reduction facility shall notify the authorizing agent and funer- 28 al firm making such arrangements that the natural organic reduction 29 process has been completed and that the remains are prepared to be 30 disposed of in accordance with this paragraph. Upon receipt of the 31 remains, the individual receiving them may transport them in any manner 32 in the state without a permit, and may dispose of them in accordance 33 with this section. After disposition, the natural organic reduction 34 facility shall be discharged from any legal obligation or liability to 35 deliver the remains to the authorizing agent or any other person enumer- 36 ated under paragraph (a) of subdivision 2 of section forty-two hundred 37 one of the public health law concerning the remains. If, after a period 38 of one hundred twenty days from the date of the natural organic 39 reduction, the authorizing agent has not arranged for the final disposi- 40 tion of the remains or claimed the remains, the natural organic 41 reduction facility may dispose of the remains in any manner permitted by 42 this section. The natural organic reduction facility, however, shall 43 keep a permanent record identifying the site of final disposition. The 44 authorizing agent shall be responsible for reimbursing the natural 45 organic reduction facility for all reasonable expenses incurred in 46 disposing of the remains. Except with the express written permission of 47 the authorizing agent, no person shall place remains of more than one 48 person in the same temporary container or urn. 49 10. Any employee of a natural organic reduction facility whose func- 50 tion is to conduct the daily operations of the natural organic reduction 51 process shall be certified by an organization approved by the department 52 of state. Proof of such certification shall be posted in the natural 53 organic reduction facility and available for inspection at any time. Any 54 new employees of a natural organic reduction facility required to be 55 certified under this section and retained prior to the effective date of 56 this paragraph shall be certified within one year of such effectiveS. 4008 47 A. 3008 1 date. Renewal of such certification shall be completed every five years 2 from the date of certification. 3 § 1105. Fees. Fees payable to the department of state under this arti- 4 cle are to defray the costs of examination and administration under this 5 article. Each natural organic reduction facility, not later than March 6 thirtieth in each calendar year, shall pay the sum of three dollars for 7 each natural organic reduction performed in the preceding calendar year. 8 § 1106. Revocation and suspension of authorization to operate; fines. 9 1. The authorization to operate a natural organic reduction facility 10 may be suspended or revoked, and a fine not exceeding ten thousand 11 dollars per each instance may be imposed, by the department of state for 12 the following reasons: 13 (a) Fraud or bribery in the operation of the natural organic reduction 14 facility; 15 (b) The making of any false statement as to a material matter in any 16 registration, statement or certificate required by or pursuant to this 17 article; 18 (c) Incompetency in the operation of the natural organic reduction 19 facility; 20 (d) Failure to properly identify and track remains throughout the 21 natural organic reduction process; 22 (e) Violation of any provision of this article or any rule or regu- 23 lation adopted hereunder; and 24 (f) Conviction of a crime involving fraud, theft, perjury, bribery, 25 mishandling of human remains, or violations of article forty-two of the 26 public health law. 27 2. Whenever the authorization to operate a natural organic reduction 28 facility is revoked such authorization shall not be reinstated or reis- 29 sued until after the expiration of a period of five years from the date 30 of such revocation. 31 § 1107. Hearing on charges; decision. 1. No authorization to operate a 32 natural organic reduction facility shall be suspended or revoked nor 33 shall any fine or reprimand imposed, nor any certification of a natural 34 organic reduction operator be suspended or revoked, until after a hear- 35 ing held before an officer or employee of the department of state desig- 36 nated for such purpose, upon notice to the natural organic reduction 37 facility of at least ten days. The notice shall be served either 38 personally or by certified mail at the address of the natural organic 39 reduction facility or natural organic reduction facility operator and 40 shall state the date and place of hearing and set forth the charges 41 against the natural organic reduction facility or operator. The natural 42 organic reduction facility or operator shall have the opportunity to be 43 heard in their defense either in person or by counsel and may produce 44 witnesses to testify on their behalf. A stenographic record of the hear- 45 ing shall be taken and preserved. Within ten days after a hearing the 46 natural organic reduction facility shall receive a stenographic record 47 of the hearing upon payment of fifty percent of the cost of preparation 48 of such record. The hearing may be adjourned upon a showing of good 49 cause at least five days before the hearing, in writing, to a hearing 50 officer. The person conducting the hearing shall make a written report 51 of their findings and the recommendation to the department of state. The 52 department of state shall review such findings and the recommendation 53 and, after due deliberation, shall issue an order accepting, modifying, 54 or rejecting such recommendation and dismissing the charges or suspend- 55 ing or revoking the authorization to operate a natural organic reduction 56 facility or imposing a fine, or both, upon the natural organic reductionS. 4008 48 A. 3008 1 facility or suspend or revoke the certification of the natural organic 2 reduction operator. 3 2. Any person who has had their application to operate a natural 4 organic reduction facility rejected shall be entitled to a hearing 5 before an officer or employee of the department of state designated for 6 such purpose, upon notice to such person of at least ten days. Notice 7 shall be served either personally or by certified mail to the address 8 contained in the application and shall state the time and place of hear- 9 ing and set forth the ground or grounds constituting rejection of such 10 application. The applicant shall have the opportunity to be heard in 11 their defense either in person or by counsel and may produce witnesses 12 and testify on their own behalf. A stenographic record of the hearing 13 shall be taken and preserved. Within ten days after a hearing the 14 natural organic reduction facility shall receive a stenographic record 15 of the hearing upon payment of fifty percent of the cost of preparation 16 of such record. The hearing may be adjourned upon a showing of good 17 cause at least five days before the hearing, in writing, to a hearing 18 officer. The person conducting the hearing shall make a written report 19 of their findings and a recommendation to the department of state for 20 decision. The department of state shall review such findings and recom- 21 mendation and, after due deliberation, shall issue an order accepting, 22 modifying or rejecting such recommendation and either grant an authori- 23 zation or reject the application. 24 3. For the purposes of this article, the secretary of state or any 25 officer or employee of the department of state designated by the secre- 26 tary of state may administer oaths, take testimony, subpoena witnesses 27 and compel the production of books, papers, records and documents deemed 28 pertinent to the subject of investigation. 29 4. Strict rules of evidence do not apply to hearings held pursuant to 30 this article. 31 § 1108. Judicial review. The action of the department of state in 32 suspending or revoking an authorization to operate a natural organic 33 reduction facility, or imposing a fine or reprimand on a natural organic 34 reduction facility or suspending or revoking the certification of a 35 natural organic reduction operator may be reviewed by a proceeding 36 brought under and pursuant to article seventy-eight of the civil prac- 37 tice law and rules. 38 § 1109. Criminal penalties. 1. Any person shall for the first offense 39 of paragraph (a), (b), (c), or (d) of this subdivision, be guilty of a 40 misdemeanor and, upon conviction thereof, shall be punished by a fine of 41 not more than one thousand dollars or by imprisonment for a term of not 42 more than one year, or by both such fine and imprisonment. The following 43 offenses shall constitute a first offense: 44 (a) any person not authorized pursuant to this article or article 45 fifteen of the not-for-profit corporation law who engages in the busi- 46 ness of operating a natural organic reduction facility or holds them- 47 selves out to the public as being able to do so; 48 (b) any person who shall violate any of the provisions of this arti- 49 cle; 50 (c) any person who, having their approval to engage in the business of 51 operating a natural organic reduction facility suspended or revoked, 52 continues to do so; or 53 (d) any person who directly or indirectly employs, permits or author- 54 izes an unapproved person to operate a natural organic reduction facili- 55 ty.S. 4008 49 A. 3008 1 2. If the conviction is for an offense committed after the first 2 conviction of such person under this article, such person shall be guil- 3 ty of a class E felony. Each violation of this article shall be deemed a 4 separate offense. 5 § 1110. Official acts used as evidence. The official acts of the 6 department of state shall be prima facie evidence of the facts therein 7 and shall be entitled to be received in evidence in all actions at law 8 or other legal proceedings in any court or before any board, body or 9 officer. 10 § 1111. Separability clause. If any part or provision of this article 11 or the application thereof to any person or circumstance be adjudged 12 invalid by any court of competent jurisdiction, such judgment shall be 13 confined in its operation to the part, provision or application directly 14 involved in the controversy in which such judgment shall have been 15 rendered and shall not affect or impair the validity of the remainder of 16 this article or the application thereof to other persons or circum- 17 stances and the legislature hereby declares that it would have enacted 18 this article or the remainder thereof had the invalidity of such 19 provision or application thereof been apparent. 20 § 2. Section 1503 of the not-for-profit corporation law is amended by 21 adding a new paragraph (c) as follows: 22 (c) This article shall not apply to natural organic reduction facili- 23 ties operated by a person pursuant to article forty-two of the general 24 business law. 25 § 3. Subparagraph 4 of paragraph (c) of section 1504 of the not-for- 26 profit corporation law, as added by chapter 557 of the laws of 1985, is 27 amended to read as follows: 28 (4) To impose a civil penalty upon a cemetery corporation not exceed- 29 ing [one] ten thousand dollars, after conducting an adjudicatory hearing 30 pursuant to the provisions of the state administrative procedure act, 31 for a violation of or a failure to comply with any provisions contained 32 in this article or any regulation, directive or order of the board, and 33 without the need to maintain a civil action pursuant to [subdivision] 34 subparagraph five of this paragraph. 35 § 4. Paragraph (c) of section 1504 of the not-for-profit corporation 36 law is amended by adding a new subparagraph 6 to read as follows: 37 (6) To suspend or revoke the approval for a cemetery corporation to 38 operate a natural organic reduction facility, or suspend or revoke the 39 certification of a natural organic reduction facility operator, after 40 conducting an adjudicatory hearing pursuant to the provisions of the 41 state administrative procedure act, for a violation of or a failure to 42 comply with any provisions contained in this article or any regulation, 43 directive or order of the board, and without the need to maintain a 44 civil action pursuant to subparagraph five of this paragraph. 45 § 5. Paragraph (b) of section 1518 of the not-for-profit corporation 46 law, as added by chapter 817 of the laws of 2022, is amended by adding a 47 new subparagraph 3 to read as follows: 48 (3) Every natural organic reduction facility shall use its best 49 efforts to commence natural organic reduction within twenty-four hours 50 of accepting delivery of such remains. Good cause, such as the need to 51 confirm the identity of the deceased human being, must be demonstrated 52 if natural organic reduction of remains commences more than forty-eight 53 hours after delivery is accepted. 54 § 6. Subdivision (i) of section 1518 of the not-for-profit corporation 55 law, as added by chapter 817 of the laws of 2022, is amended to read as 56 follows:S. 4008 50 A. 3008 1 (i) Disposition of remains. The authorizing agent shall be responsible 2 for the final disposition of the remains. Disposition of remains result- 3 ing from the natural organic reduction process are not recoverable once 4 scattered or interred. Remains shall be disposed of by scattering them 5 in a designated scattering garden or area in a cemetery, or by prior 6 authorization by the cemetery corporation, by placing them in a grave, 7 crypt, or niche[, or retrieval of the remains pursuant to prior authori-8zation by the authorizing agent or a person specifically designated by9the authorizing agent]. Upon completion of the natural organic reduction 10 process, the cemetery corporation shall notify the authorizing agent and 11 funeral firm making such arrangements that the natural organic reduction 12 process has been completed and that the remains are prepared to be 13 disposed of in accordance with this paragraph. Upon receipt of the 14 remains, the individual receiving them may transport them in any manner 15 in the state without a permit, and may dispose of them in accordance 16 with this section. After disposition, the cemetery corporation shall 17 be discharged from any legal obligation or liability to deliver the 18 remains to the authorizing agent or any other person enumerated under 19 paragraph (a) of subdivision two of section forty-two hundred one of the 20 public health law concerning the remains. If, after a period of one 21 hundred twenty days from the date of the natural organic reduction, the 22 authorizing agent has not instructed the cemetery corporation to arrange 23 for the final disposition of the remains or claimed the remains, the 24 cemetery corporation may dispose of the remains in any manner permitted 25 by this section. The cemetery corporation, however, shall keep a perma- 26 nent record identifying the site of final disposition. The authorizing 27 agent shall be responsible for reimbursing the cemetery corporation for 28 all reasonable expenses incurred in disposing of the remains. Upon 29 disposing of the remains, the cemetery corporation shall be discharged 30 from any legal obligation or liability to deliver the remains to the 31 authorizing agent or any other person enumerated under paragraph (a) of 32 subdivision two of section forty-two hundred one of the public health 33 law concerning the remains. Except with the express written permission 34 of the authorizing agent, no person shall place remains of more than one 35 person in the same temporary container or urn. 36 § 7. Subdivisions (d) and (e) of section 3400 of the public health law 37 are amended and two new subdivisions (m) and (n) are added to read as 38 follows: 39 (d) "Funeral directing" means the care and disposal of the body of a 40 deceased person and/or the preserving, disinfecting and preparing by 41 embalming or otherwise, the body of a deceased person for funeral 42 services, transportation, burial, natural organic reduction, or crema- 43 tion; and/or funeral directing or embalming as presently known whether 44 under these titles or designations or otherwise. 45 (e) "Undertaking" means the care, disposal, transportation, burial, 46 natural organic reduction, or cremation by any means other than embalm- 47 ing of the body of a deceased person. 48 (m) "Natural organic reduction" has the same meaning as subdivision 49 five of section eleven hundred of the general business law. 50 (n) "Natural organic reduction facility" has the same meaning as 51 subdivision seven of section eleven hundred of the general business law. 52 § 8. Section 3421 of the public health law is amended by adding a new 53 subdivision 5 to read as follows: 54 5. No licensed funeral director shall have the authority to practice 55 natural organic reduction without authorization from the department of 56 state pursuant to article forty-two of the general business law.S. 4008 51 A. 3008 1 § 9. Paragraph (a) of subdivision 1 of section 3443 of the public 2 health law is amended to read as follows: 3 (a) shown or displayed upon or in any funeral establishment or natural 4 organic reduction facility operated by a funeral firm; or 5 § 10. Paragraphs (a), (c), (d), (e), (f), (o) and (p) of subdivision 1 6 of section 3450 of the public health law, as amended by chapter 534 of 7 the laws of 1983, paragraph (o) as amended and paragraph (p) as added by 8 chapter 529 of the laws of 1993 are amended and two new paragraphs (q) 9 and (r) are added to read as follows: 10 (a) has violated any of the provisions of this article, the sanitary 11 code, the rules and regulations of the commissioner or of any statute, 12 code, rule or regulation relating to the practice of funeral directing, 13 embalming, or vital statistics, including article forty-two of the 14 general business law; 15 (c) has practiced fraud, deceit or misrepresentation in securing or 16 procuring a license or admission to practice funeral directing, under- 17 taking, or embalming, or an authorization to operate a natural organic 18 reduction facility; 19 (d) is incompetent to engage in the business or practice of funeral 20 directing, undertaking, or embalming, including the operation of a 21 natural organic reduction facility, except that this provision shall not 22 apply to an officer, director or stockholder of, or other person inter- 23 ested in, a corporation owning a funeral firm unless he shall be the 24 licensed and registered manager thereof; 25 (e) has practiced fraud, deceit, or misrepresentation in his business 26 or practice or in the business of such funeral firm, including in the 27 operation of a natural organic reduction facility; 28 (f) has committed acts of misconduct in the conduct of the business or 29 practice of funeral directing, undertaking, or embalming or in the busi- 30 ness of such funeral firm, including in the operation of a natural 31 organic reduction facility; 32 (o) has impersonated another licensee or another funeral firm of a 33 like or different name; [or] 34 (p) has failed to comply with requirements set forth in section four 35 hundred fifty-three of the general business law, relating to moneys paid 36 in connection with agreements for funeral merchandise in advance of need 37 to be kept on deposit pending use or repayment except, that revocation 38 and suspension shall apply only in the case where a funeral director or 39 funeral firm has committed repeated violations of these provisions or 40 has committed a violation of the provisions of section four hundred 41 fifty-three of the general business law relating to failure to deposit 42 or hold moneys on deposit; failure to return such moneys and interest 43 thereon upon demand or upon the termination, cessation of operation or 44 discontinuance of any funeral firm, or a successor in interest; or fail- 45 ure to comply with the requirements of paragraph (b) of subdivision five 46 of section four hundred fifty-three of the general business law regard- 47 ing compliance by transferors who receive such moneys[.]; or 48 (q) has failed, in the operation of a natural organic reduction facil- 49 ity, to properly identify and track remains throughout the natural 50 organic reduction process; or 51 (r) has failed to comply with requirements set forth in section eleven 52 hundred six of the general business law. 53 § 11. Subdivision 1 of section 4202 of the public health law, as added 54 by chapter 903 of the laws of 1981, is amended to read as follows: 55 1. Every body delivered to a cemetery for cremation or natural organic 56 reduction or to a natural organic reduction facility shall be accompa-S. 4008 52 A. 3008 1 nied by a statement from a physician, coroner, or medical examiner 2 certifying that such body does not contain a battery [or], power cell, 3 radiological implant or radiological device and is not infected with 4 ebola, tuberculosis or transmissible spongiform encephalopathies. The 5 person in charge of a cemetery or natural organic reduction facility may 6 refuse to cremate or naturally organically reduce a body unless accompa- 7 nied by such statement. 8 § 12. This act shall take effect on the one hundred eightieth day 9 after it shall have become a law; provided, however, that the amendments 10 to section 1503 of the not-for-profit corporation law made by section 11 two of this act and section 1518 of the not-for-profit corporation law 12 made by sections five and six of this act shall take effect on the same 13 date and in the same manner as chapter 817 of the laws of 2022, takes 14 effect. 15 PART W 16 Section 1. The section heading and subsections (d), (g) and (m) of 17 section 3411 of the insurance law are amended to read as follows: 18 Automobile physical damage insurance covering private passenger auto- 19 mobiles; standard provisions; [required] inspections; duties of insurers 20 and insureds. 21 (d) A newly issued policy shall not provide coverage for automobile 22 physical damage perils prior to an inspection of the automobile by the 23 insurer, unless the insurer has waived the right to such inspection 24 pursuant to a statement of operation filed with the superintendent. In 25 its statement of operation, an insurer may waive the right to inspect 26 some or all automobiles. Every statement of operation shall take effect 27 upon its filing with the superintendent and may cover some or all auto- 28 mobiles. 29 (g) If an automobile subject to the provisions of this section is 30 acquired by the insured as a replacement for or an addition to an auto- 31 mobile insured for physical damage coverage, and the insured requests 32 physical damage coverage for the replacement or additional automobile, 33 such coverage for physical damage shall not be effective before such 34 inspection is made, unless the insurer has waived the right to such an 35 inspection pursuant to a statement of operation filed with the super- 36 intendent. If, at the time of the request for such coverage, the automo- 37 bile is unavailable for inspection because of conditions of purchase or 38 other circumstances and is thereafter made available for inspection, the 39 insurer shall promptly inspect the automobile, and physical damage 40 coverage shall not become effective before the inspection has been made. 41 (m) (1) The superintendent, in regulations implementing the provisions 42 of this section, shall also require that insurers take appropriate 43 action to ensure that there is wide public dissemination of the 44 provisions of this section relating to the rights and obligations of 45 insureds and insurers. 46 (2) The inspections provided for in this section may be dispensed with 47 or deferred by an insurer under circumstances specified in their state- 48 ment of operation filed with the superintendent or in regulations of the 49 superintendent. Such circumstances may include but are not limited to, 50 the insuring of a new automobile, the insuring of an automobile whose 51 inspection would constitute a serious hardship to the insurer, the 52 insured or an applicant for insurance, and the insuring of an automobile 53 for a limited specified period of time.S. 4008 53 A. 3008 1 (3) Inspections made pursuant to this section shall be made at 2 locations and times reasonably convenient to the insured. The results of 3 any inspection may be considered in determining the value of the automo- 4 bile. 5 § 2. This act shall take effect on the one hundred eightieth day after 6 it shall have become a law and shall expire and be deemed repealed Octo- 7 ber 1, 2027. Effective immediately, the addition, amendment and/or 8 repeal of any rule or regulation necessary for the implementation of 9 this act on its effective date are authorized to be made and completed 10 on or before such effective date. 11 PART X 12 Section 1. Subdivision 3 of section 103-a of the public officers law, 13 as added by section 2 of part WW of chapter 56 of the laws of 2022, is 14 amended to read as follows: 15 3. The in person participation requirements of paragraph (c) of subdi- 16 vision two of this section shall not apply to (a) public bodies organ- 17 ized for the express purpose of performing a governmental function 18 related to issues specific to individuals with disabilities, or (b) 19 during a state disaster emergency declared by the governor pursuant to 20 section twenty-eight of the executive law if the public body determines 21 that the circumstances necessitating the emergency declaration would 22 affect or impair the ability of the public body to hold an in person 23 meeting, or (c) during a local state of emergency proclaimed by the 24 chief executive of a county, city, village or town pursuant to section 25 twenty-four of the executive law, if the public body determines that the 26 circumstances necessitating the emergency declaration would affect or 27 impair the ability of the public body to hold an in person meeting, 28 provided that for meetings conducted pursuant to paragraph (a), (b), or 29 (c) of this subdivision, the public shall have the ability to view or 30 listen to such proceeding and that such meetings are recorded and later 31 transcribed. 32 § 2. This act shall take effect immediately; provided, however, that 33 the amendments to subdivision 3 of section 103-a of the public officers 34 law made by section one of this act shall not affect the repeal of such 35 section and shall be deemed repealed therewith. 36 PART Y 37 Section 1. Subdivision 11 of section 400 of the general business law, 38 as added by chapter 80 of the laws of 2015, is amended to read as 39 follows: 40 11. "Trainee" means a person pursuing in good faith a course of study 41 in the practice of nail specialty or cosmetology under the tutelage, 42 supervision and direction of a licensed [nail] practitioner of the same 43 license type, as herein defined. Such trainee shall be employed by a 44 licensed appearance enhancement business. 45 § 2. Paragraph f of subdivision 1 of section 406 of the general busi- 46 ness law is REPEALED. 47 § 3. Paragraph b of subdivision 2 of section 406 of the general busi- 48 ness law, as amended by chapter 341 of the laws of 1998, is amended to 49 read as follows: 50 b. Each such application shall also be accompanied by satisfactory 51 evidence of having taken and passed the appropriate examination or exam- 52 inations offered by the secretary pursuant to this article for theS. 4008 54 A. 3008 1 license sought and either: (i) evidence of the successful completion of 2 an approved course of study in nail specialty, waxing, natural hair 3 styling, esthetics or cosmetology in a school duly licensed pursuant to 4 the education law; (ii) in the case of a nail specialty trainee, satis- 5 factory evidence to the secretary that such trainee has either been 6 actively engaged in a traineeship for a period of one year and has 7 completed a course of study set forth by the secretary or has been 8 actively engaged in a traineeship for a period of two years; or (iii) in 9 the case of a cosmetology trainee, satisfactory evidence to the secre- 10 tary that such trainee has been actively engaged in a traineeship for a 11 period of two years. 12 § 4. Subdivisions 2 and 3 of section 408-a of the general business 13 law, as added by chapter 80 of the laws of 2015, are amended to read as 14 follows: 15 2. A certificate of registration as a trainee shall be for a period of 16 [one year] four years, renewable for [a second year] an additional peri- 17 od of four years, and may be renewed for additional terms within the 18 discretion of the secretary. 19 3. Each certificate of registration issued as provided in this section 20 shall be posted in a conspicuous place in the appearance enhancement 21 business in which the trainee is actually engaged [in the practice of22nail specialty] as a trainee. 23 § 5. Subdivision 1 of section 437 of the general business law, as 24 amended by chapter 243 of the laws of 1999, is amended to read as 25 follows: 26 1. Each applicant for a certificate of registration as an apprentice 27 shall make an application which shall include the physician's certif- 28 icate required by paragraph (c) [and the certificate of completion29required by paragraph (e-1) of subdivision one] of section four hundred 30 thirty-four, two recent photographs, and which certificate shall contain 31 such other information required by such section and in such form as the 32 secretary of state may prescribe. 33 § 6. This act shall take effect on the one hundred eightieth day after 34 it shall have become a law. Effective immediately, the addition, amend- 35 ment and/or repeal of any rule or regulation by the secretary of state 36 necessary for the implementation of this act on its effective date are 37 authorized to be made and completed on or before such effective date. 38 PART Z 39 Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of 40 chapter 392 of the laws of 1973, constituting the New York state medical 41 care facilities finance agency act, as amended by chapter 166 of the 42 laws of 2021, is amended to read as follows: 43 (b) The agency shall not issue hospital and nursing home project bonds 44 and hospital and nursing home project notes in an aggregate principal 45 amount exceeding [seventeen] eighteen billion [four] two hundred million 46 dollars, excluding hospital and nursing home project bonds and hospital 47 and nursing home project notes issued to refund outstanding hospital and 48 nursing home projects bonds and hospital and nursing home project notes; 49 provided, however, that upon any such refunding or repayment the total 50 aggregate principal amount of outstanding bonds, notes or other obli- 51 gations may be greater than [seventeen] eighteen billion [four] two 52 hundred million dollars only if the present value of the aggregate debt 53 service of the refunding or repayment bonds, notes or other obligations 54 to be issued shall not exceed the present value of the aggregate debtS. 4008 55 A. 3008 1 service of the bonds, notes or other obligations so to be refunded or 2 repaid. For purposes hereof, the present values of the aggregate debt 3 service of the refunding or repayment bonds, notes or other obligations 4 and of the aggregate debt service of the bonds, notes or other obli- 5 gations so refunded or repaid, shall be calculated by utilizing the 6 effective interest rate of the refunding or repayment bonds, notes or 7 other obligations, which shall be that rate arrived at by doubling the 8 semi-annual interest rate (compounded semi-annually) necessary to 9 discount the debt service payments on the refunding or repayment bonds, 10 notes or other obligations from the payment dates thereof to the date of 11 issue of the refunding or repayment bonds, notes or other obligations 12 and to the price bid including estimated accrued interest or proceeds 13 received by the agency including estimated accrued interest from the 14 sale thereof. The agency shall not issue hospital and nursing home 15 project bonds at any time secured by the hospital and nursing home capi- 16 tal reserve fund if upon issuance, the amount in the hospital and nurs- 17 ing home capital reserve fund will be less than the hospital and nursing 18 home capital reserve fund requirement, unless the agency, at the time of 19 issuance of such bonds, shall deposit in such reserve fund from the 20 proceeds of the bonds so to be issued, or otherwise, an amount which 21 together with the amount then in such reserve fund, will be not less 22 than the hospital and nursing home capital reserve fund requirement. 23 § 2. This act shall take effect immediately. 24 PART AA 25 Section 1. Paragraph (b) of subdivision 2 of section 1676 of the 26 public authorities law is amended by adding a new undesignated paragraph 27 to read as follows: 28 Any municipal corporation, subdivision, department or agency thereof, 29 fire district, special district, local agency, industrial development 30 agency, or local development corporation, receiving loans or grants 31 awarded pursuant to: (i) the downtown revitalization program designed 32 and executed by the department of state and the division of housing and 33 community renewal for transformative housing, economic development, 34 transportation, and community projects, for the planning, design, 35 construction, reconstruction, improvement, renovation, development, 36 expansion, furnishing, and equipping of such transformative housing, 37 economic development, transportation and community projects for which 38 the recipient received such loans or grants; and (ii) the NY Forward 39 grant program designed and executed by the department of state related 40 to economic development, transportation and community projects, for the 41 planning, design, construction, reconstruction, improvement, renovation, 42 development, expansion, furnishing, and equipping of such economic 43 development, transportation and community projects for which the recipi- 44 ent was awarded such grant. 45 § 2. Subdivision 1 of section 1680 of the public authorities law is 46 amended by adding a new undesignated paragraph to read as follows: 47 Any municipal corporation, subdivision, department or agency thereof, 48 fire district, special district, local agency, industrial development 49 agency, or local development corporation, receiving loans or grants 50 awarded pursuant to: (i) the downtown revitalization program designed 51 and executed by the department of state and the division of housing and 52 community renewal for transformative housing, economic development, 53 transportation, and community projects, for the planning, design, 54 construction, reconstruction, improvement, renovation, development,S. 4008 56 A. 3008 1 expansion, furnishing, and equipping of such transformative housing, 2 economic development, transportation and community projects for which 3 the recipient received such loans or grants; and (ii) the NY Forward 4 grant program designed and executed by the department of state related 5 to economic development, transportation and community projects, for the 6 planning, design, construction, reconstruction, improvement, renovation, 7 development, expansion, furnishing, and equipping of such economic 8 development, transportation and community projects for which the recipi- 9 ent was awarded such grant. 10 § 3. This act shall take effect immediately. 11 PART BB 12 Section 1. Section 2 of chapter 97 of the laws of 2019 amending the 13 public authorities law, is amended to read as follows: 14 § 2. This act shall take effect immediately and shall expire July 1, 15 [2023] 2027 when upon such date the provisions of this act shall be 16 deemed repealed. 17 § 2. This act shall take effect immediately. 18 PART CC 19 Section 1. The article heading of article 21 of the economic develop- 20 ment law, as added by section 1 of part A of chapter 68 of the laws of 21 2013, is amended to read as follows: 22 [START-UP NY] EPIC PROGRAM 23 § 2. Section 430 of the economic development law, as added by section 24 1 of part A of chapter 68 of the laws of 2013, is amended to read as 25 follows: 26 § 430. Short title. This article shall be known and may be cited as 27 the "[SUNY Tax-free Areas to Revitalize and Transform UPstate New York] 28 Extended Prosperity and Innovation Campus program," or the "[START-UP29NY] EPIC program". 30 § 3. Subdivisions 5, 6, 7, 10, 12, 13 and 15 of section 431 of the 31 economic development law, as added by section 1 of part A of chapter 68 32 of the laws of 2013, paragraph (c) of subdivision 6 as amended by 33 section 3 of part S of chapter 59 of the laws of 2014 and subdivision 15 34 as added by section 1 of part B of chapter 60 of the laws of 2015, are 35 amended to read as follows: 36 5. "Net new job" means a job created in [a tax-free NY area] an EPIC 37 zone that satisfies all of the following criteria: 38 (a) is new to the state; 39 (b) has not been transferred from employment with another business 40 located in this state, through an acquisition, merger, consolidation or 41 other reorganization of businesses or the acquisition of assets of 42 another business, or except as provided in paragraph (d) of subdivision 43 six of this section has not been transferred from employment with a 44 related person in this state; 45 (c) is not filled by an individual employed within the state within 46 the immediately preceding sixty months by a related person; 47 (d) is either a full-time wage-paying job or equivalent to a full-time 48 wage-paying job requiring at least thirty-five hours per week; and 49 (e) is filled for more than six months. 50 6. "New business" means a business that satisfies all of the following 51 tests:S. 4008 57 A. 3008 1 (a) the business must not be operating or located within the state at 2 the time it submits its application to participate in the [START-UP NY] 3 EPIC program; 4 (b) the business must not be moving existing jobs into the [tax-free5NY area] EPIC zone from another area in the state; 6 (c) the business is not substantially similar in operation and in 7 ownership to a business entity (or entities) taxable, or previously 8 taxable within the last five taxable years, under section one hundred 9 eighty-three or one hundred eighty-four, former section one hundred 10 eighty-five or former section one hundred eighty-six of the tax law, 11 article nine-A, thirty-two or thirty-three of the tax law, article twen- 12 ty-three of the tax law or which would have been subject to tax under 13 such article twenty-three (as such article was in effect on January 14 first, nineteen hundred eighty), or the income (or losses) of which is 15 (or was) includable under article twenty-two of the tax law; and 16 (d) the business must not have caused individuals to transfer from 17 existing employment with a related person located in the state to simi- 18 lar employment with the business, unless such business has received 19 approval for such transfers from the commissioner after demonstrating 20 that the related person has not eliminated those existing positions. 21 7. "[Tax-free NY area] Extended prosperity and innovation campus zone" 22 or "EPIC zone" means the land or vacant space of a university or college 23 that meets the eligibility criteria specified in section four hundred 24 thirty-two of this article and that has been approved as [a tax-free NY25area] an EPIC zone pursuant to the provisions in section four hundred 26 thirty-five of this article. It also means a strategic state asset that 27 has been approved by the [START-UP NY] EPIC approval board pursuant to 28 the provisions of subdivision four of section four hundred thirty-five 29 of this article. 30 10. "[START-UP NY] EPIC approval board" or "board" means a board 31 consisting of three members, one each appointed by the governor, the 32 speaker of the assembly and the temporary president of the senate. Each 33 member of the [START-UP NY] EPIC approval board must have significant 34 expertise and experience in academic based economic development and may 35 not have a personal interest in any project that comes before the board. 36 12. "Eligible land" means land eligible pursuant to section four 37 hundred thirty-two of this article for approval as [a tax-free NY area] 38 an EPIC zone. 39 13. "Sponsoring campus, university or college" means a university or 40 college that has received approval to sponsor [a tax-free NY area] an 41 EPIC zone pursuant to section four hundred thirty-five of this article. 42 15. "[START-UP NY] EPIC airport facility" means vacant land or space 43 owned by the state of New York on the premises of Stewart Airport or 44 Republic Airport. 45 § 4. Subparagraph (iii) of paragraph (a), paragraph (b) and subpara- 46 graph (ii) of paragraph (c) of subdivision 1, subparagraph (iii) of 47 paragraph (a), paragraph (b) and the opening paragraph of paragraph (c) 48 of subdivision 2 and subdivision 3 of section 432 of the economic devel- 49 opment law, as added by section 1 of part A of chapter 68 of the laws of 50 2013, are amended to read as follows: 51 (iii) for a state university campus or community college, a total of 52 two hundred thousand square feet of vacant land or vacant building space 53 that, except as provided under paragraph (b) of this subdivision, is 54 located within one mile of a campus of the state university campus or 55 community college; [provided that this subparagraph shall not apply to aS. 4008 58 A. 3008 1state university campus or community college located in Nassau county,2Suffolk county or Westchester county;] and 3 (b) A state university campus or community college which qualifies 4 under subparagraph (iii) of paragraph (a) of this subdivision may apply 5 to the commissioner for a determination that identified vacant land or 6 identified vacant space in a building that is located more than one mile 7 from its campus, [and is not located in Nassau county, Suffolk county,8Westchester county or New York city,] is eligible land for purposes of 9 this program. The commissioner shall give consideration to factors 10 including rural, suburban and urban geographic considerations and may 11 qualify the identified land or space in a building as eligible land if 12 the commissioner, in consultation with the chancellor or his or her 13 designee, determines that the state university campus or community 14 college has shown that the use of the land or space will be consistent 15 with the requirements of this program and the plan submitted by the 16 state university campus or community college pursuant to section four 17 hundred thirty-five of this article. In addition, two hundred thousand 18 square feet of vacant land or vacant building space affiliated with or 19 in partnership with Maritime College shall be eligible under this para- 20 graph. The aggregate amount of qualified land or space under this para- 21 graph and subparagraph (iii) of paragraph (a) of this subdivision may 22 not exceed two hundred thousand square feet for a state university 23 campus or community college. 24 (ii) a community college[, except that for a community college whose25main campus is in New York city, paragraphs (a) and (b) of this subdivi-26sion shall not apply to property of such community college in Nassau27county, Suffolk county, Westchester county or New York city]. 28 (iii) any vacant land or vacant space in a building [which is not] 29 located in [Nassau county, Suffolk county, Westchester county or] New 30 York [city] state; and 31 (b) Subject to the limitations in paragraph (c) of this subdivision, 32 three million square feet is the maximum aggregate amount of [tax-free33NY areas] EPIC zones of private universities and colleges that may be 34 utilized for this program, which shall be designated in a manner that 35 ensures regional balance and balance among eligible rural, urban and 36 suburban areas in the state. The commissioner shall maintain an account- 37 ing of the vacant land and space of private universities and colleges 38 that have been approved as [tax-free NY areas] EPIC zones and shall stop 39 accepting applications for approval of [tax-free NY areas] EPIC zones 40 when that maximum amount has been reached. 41 Of the maximum aggregate amount in paragraph (b) of this subdivision, 42 an initial amount of seventy-five thousand square feet shall be desig- 43 nated as [tax-free NY areas] EPIC zones in each of the following: 44 Nassau county, Suffolk county, Westchester county and the boroughs of 45 Brooklyn, Bronx, Manhattan, Queens and Staten Island. The board may 46 approve the designation of up to an additional seventy-five thousand 47 square feet for any county or borough that reaches the initial seventy- 48 five thousand square foot limit, provided that such additional seventy- 49 five thousand square feet shall not count against the square footage 50 limitations in paragraph (b) of this subdivision. Vacant land and vacant 51 space in a building on the campus of the following shall be eligible for 52 designation under this paragraph: 53 3. Prohibition. A state university campus, community college or city 54 university campus is prohibited from relocating or eliminating any 55 academic programs, any administrative programs, offices, housing facili- 56 ties, dining facilities, athletic facilities, or any other facility,S. 4008 59 A. 3008 1 space or program that actively serves students, faculty or staff in 2 order to create vacant land or space to be utilized for the program 3 authorized by this article. In addition, nothing in this article shall 4 be deemed to waive or impair any rights or benefits of employees of the 5 state university of New York, a community college or the city university 6 of New York that otherwise would be available to them pursuant to the 7 terms of agreements between the certified representatives of such 8 employees and their employers pursuant to article fourteen of the civil 9 service law. No services or work currently performed by public employees 10 of the state university of New York, a community college, or the city 11 university of New York or future work that is similar in scope and 12 nature to the work being currently performed by public employees shall 13 be contracted out or privatized by the state university of New York, a 14 community college or the city university of New York or by an affiliated 15 entity or associated entity of the state university of New York, a 16 community college or the city university of New York. For the purpose of 17 this section, an affiliated entity or associated entity shall not 18 include a business that is participating in the [START-UP NY] EPIC 19 program. 20 § 5. Section 433 of the economic development law, as added by section 21 1 of part A of chapter 68 of the laws of 2013 and subdivision 1 as 22 amended by section 3 of part UUU of chapter 59 of the laws of 2017, is 23 amended to read as follows: 24 § 433. Eligibility criteria for businesses. 1. In order to participate 25 in the [START-UP NY] EPIC program, a business must satisfy all of the 26 following criteria. 27 (a) The mission and activities of the business must align with or 28 further the academic mission of the campus, college or university spon- 29 soring the [tax-free NY area] EPIC zone in which it seeks to locate, and 30 the business's participation in the [START-UP NY] EPIC program must have 31 positive community and economic benefits. 32 (b) The business must demonstrate that it will, in its first year of 33 operation, create net new jobs. After its first year of operation, the 34 business must maintain net new jobs. In addition, the average number of 35 employees of the business and its related persons in the state during 36 the year must equal or exceed the sum of: (i) the average number of 37 employees of the business and its related persons in the state during 38 the year immediately preceding the year in which the business submits 39 its application to locate in a [tax-free NY area] EPIC zone; and (ii) 40 net new jobs of the business in the [tax-free NY area] EPIC zone during 41 the year. The average number of employees of the business and its 42 related persons in the state shall be determined by adding together the 43 total number of employees of the business and its related persons in the 44 state on March thirty-first, June thirtieth, September thirtieth and 45 December thirty-first and dividing the total by the number of such dates 46 occurring within such year. 47 (c) Except as provided in paragraphs (f) and (g) of this subdivision, 48 at the time it submits its application for the [START-UP NY] EPIC zone 49 program, the business must be a new business to the state. 50 (d) The business may be organized as a corporation, a partnership, 51 limited liability company or a sole proprietorship. 52 (e) Except as provided in paragraphs (f) and (g) of this subdivision, 53 the business must not be engaged in a line of business that is currently 54 or was previously conducted by the business or a related person in the 55 last five years in New York state.S. 4008 60 A. 3008 1 (f) If a business does not satisfy the eligibility standard set forth 2 in paragraph (c) or (e) of this subdivision, because at one point in 3 time it operated in New York state but moved its operations out of New 4 York state on or before June first, two thousand thirteen, the commis- 5 sioner shall grant that business permission to apply to participate in 6 the [START-UP NY] EPIC zone program if the commissioner determines that 7 the business has demonstrated that it will substantially restore the 8 jobs in New York state that it previously had moved out of state. 9 (g) If a business seeks to expand its current operations in New York 10 state into [a tax-free NY area] an EPIC zone but the business does not 11 qualify as a new business because it does not satisfy the criteria in 12 paragraph (c) of subdivision six of section four hundred thirty-one of 13 this article or the business does not satisfy the eligibility standard 14 set forth in paragraph (e) of this subdivision, the commissioner shall 15 grant the business permission to apply to participate in the [START-UP16NY] EPIC program if the commissioner determines that the business has 17 demonstrated that it will create net new jobs in the [tax-free NY area] 18 EPIC zone and that it or any related person has not eliminated any jobs 19 in the state in connection with this expansion. 20 2. The following types of businesses are prohibited from participating 21 in the [START-UP NY] EPIC program. 22 (a) retail and wholesale businesses; 23 (b) restaurants; 24 (c) real estate brokers; 25 (d) law firms; 26 (e) medical or dental practices; 27 (f) real estate management companies; 28 (g) hospitality; 29 (h) finance and financial services; 30 (i) businesses providing personal services; 31 (j) businesses providing business administrative or support services, 32 unless such business has received permission from the commissioner to 33 apply to participate in the [START-UP NY] EPIC program upon demon- 34 stration that the business would create no fewer than one hundred net 35 new jobs in the [tax-free NY area] EPIC zone; 36 (k) accounting firms; 37 (l) businesses providing utilities; and 38 (m) businesses engaged in the generation or distribution of electric- 39 ity, the distribution of natural gas, or the production of steam associ- 40 ated with the generation of electricity. 41 [2-a. Additional eligibility requirements in Nassau county, Suffolk42county, Westchester county and New York city. In order to be eligible to43participate in the START-UP NY program in Nassau county, Suffolk county,44Westchester county or New York city, a business must be:45(a) in the formative stage of development; or46(b) engaged in the design, development, and introduction of new47biotechnology, information technology, remanufacturing, advanced materi-48als, processing, engineering or electronic technology products and/or49innovative manufacturing processes, and meet such other requirements for50a high-tech business as the commissioner shall develop.] 51 3. A business must be in compliance with all worker protection and 52 environmental laws and regulations. In addition, a business may not owe 53 past due federal or state taxes or local property taxes. 54 4. Any business that has successfully completed residency in a New 55 York state incubator pursuant to section sixteen-v of section one of 56 chapter one hundred seventy-four of the laws of nineteen hundred sixty-S. 4008 61 A. 3008 1 eight constituting the urban development corporation act, subject to 2 approval of the commissioner, may apply to participate in the [START-UP3NY] EPIC program provided that such business locates in [a tax-free NY4area] an EPIC zone, notwithstanding the fact that the business may not 5 constitute a new business. 6 § 6. Section 434 of the economic development law, as added by section 7 1 of part A of chapter 68 of the laws of 2013, is amended to read as 8 follows: 9 § 434. Tax benefits. 1. A business that is accepted into the [START-UP10NY] EPIC program and locates in [a tax-free NY area] an EPIC zone or the 11 owner of a business that is accepted into the [START-UP NY] EPIC program 12 and locates in [a tax-free NY area] an EPIC zone is eligible for the tax 13 benefits specified in section thirty-nine of the tax law. Subject to the 14 limitations of subdivision two of this section, employees of such busi- 15 ness satisfying the eligibility requirements specified in section thir- 16 ty-nine of the tax law shall be eligible for the personal income tax 17 benefits described in such section in a manner to be determined by the 18 department of taxation and finance. 19 2. The aggregate number of net new jobs approved for personal income 20 tax benefits under this article shall not exceed ten thousand jobs per 21 year during the period in which applications are accepted pursuant to 22 section four hundred thirty-six of this article. The commissioner shall 23 allocate to each business accepted to locate in [a tax-free NY area] an 24 EPIC zone a maximum number of net new jobs that shall be eligible for 25 the personal income tax benefits described in subdivision (e) of section 26 thirty-nine of the tax law based on the schedule of job creation 27 included in the application of such business. At such time as the total 28 number of net new jobs under such approved applications reaches the 29 applicable allowable total of aggregate net new jobs for tax benefits 30 for the year in which the application is accepted, the commissioner 31 shall stop granting eligibility for personal income tax benefits for net 32 new jobs until the next year. Any business not granted such personal 33 income tax benefits for net new jobs for such reason shall be granted 34 such benefits in the next year prior to the consideration of new appli- 35 cants. In addition, if the total number of net new jobs approved for tax 36 benefits in any given year is less than the maximum allowed under this 37 subdivision, the difference shall be carried over to the next year. A 38 business may amend its schedule of job creation in the same manner that 39 it applied for participation in the [START-UP NY] EPIC program, and any 40 increase in eligibility for personal income tax benefits on behalf of 41 additional net new jobs shall be subject to the limitations of this 42 subdivision. If the business accepted to locate in [a tax-free NY area] 43 an EPIC zone creates more net new jobs than for which it is allocated 44 personal income tax benefits, the personal income tax benefits it is 45 allocated shall be provided to those individuals employed in those net 46 new jobs based on the employees' dates of hiring. 47 § 7. Section 435 of the economic development law, as added by section 48 1 of part A of chapter 68 of the laws of 2013 and subdivision 4 as 49 amended by section 2 of part B of chapter 60 of the laws of 2015, is 50 amended to read as follows: 51 § 435. Approval of [tax-free NY areas] EPIC zones. 1. The president 52 or chief executive officer of any state university campus, community 53 college or city university campus seeking to sponsor [a tax-free NY54area] an EPIC zone and have some of its eligible land specified under 55 subdivision one of section four hundred thirty-two of this article be 56 designated as [a tax-free NY area must] an EPIC zone shall submit a planS. 4008 62 A. 3008 1 to the commissioner that specifies the land or space the campus or 2 college wants to include, describes the type of business or businesses 3 that may locate on that land or in that space, explains how those types 4 of businesses align with or further the academic mission of the campus 5 or college and how participation by those types of businesses in the 6 [START-UP NY] EPIC program would have positive community and economic 7 benefits, and describes the process the campus or college will follow to 8 select participating businesses. At least thirty days prior to submit- 9 ting such plan, the campus or college must provide the municipality or 10 municipalities in which the proposed [tax-free NY area] EPIC zone is 11 located, local economic development entities, the applicable campus or 12 college faculty senate, union representatives and the campus student 13 government with a copy of the plan. In addition, if the plan of the 14 campus or college includes land or space located outside of the campus 15 boundaries, the campus or college must consult with the municipality or 16 municipalities in which such land or space is located prior to including 17 such space or land in its proposed [tax-free NY area] EPIC zone and 18 shall give preference to underutilized properties. Before approving or 19 rejecting the plan submitted by a state university campus, community 20 college or city university campus, the commissioner shall consult with 21 the chancellor of the applicable university system or his or her desig- 22 nee. 23 2. The president or chief executive officer of any private college or 24 university or of any state university campus, community college or city 25 university campus seeking to sponsor [a tax-free NY area] an EPIC zone 26 and have some of its eligible land specified under subdivision two of 27 section four hundred thirty-two of this article be designated as [a28tax-free NY area must] an EPIC zone shall submit a plan to the commis- 29 sioner that specifies the land or space the college or university wants 30 to include, describes the type of business or businesses that may locate 31 on that land or in that space, explains how those types of businesses 32 align with or further the academic mission of the college or university 33 and how participation by those types of businesses in the [START-UP NY] 34 EPIC program would have positive community and economic benefits, and 35 describes the process the campus or college will follow to select 36 participating businesses. In addition, if the plan of the campus or 37 college includes land or space located outside of the campus boundaries, 38 the campus or college must consult with the municipality or munici- 39 palities in which such land or space is located prior to including such 40 space or land in its proposed [tax-free NY area] EPIC zone and shall 41 notify local economic development entities. The commissioner shall 42 forward the plan submitted under this subdivision to the [START-UP NY] 43 EPIC approval board. In evaluating such plans, the board shall examine 44 the merits of each proposal, including but not limited to, compliance 45 with the provisions of this article, reasonableness of the economic and 46 fiscal assumptions contained in the application and in any supporting 47 documentation and potential of the proposed project to create new jobs, 48 and, except for proposals for designation of eligible land under para- 49 graph (c) of subdivision two of section four hundred thirty-two of this 50 article, shall prioritize for acceptance and inclusion into the [START-51UP NY] EPIC program plans for [tax-free NY areas] EPIC zones in counties 52 that contain a city with a population of one hundred thousand or more 53 without a university center as defined in subdivision seven of section 54 three hundred fifty of the education law on the effective date of this 55 article. No preference shall be given based on the time of submission of 56 the plan, provided that any submission deadlines established by theS. 4008 63 A. 3008 1 board are met. In addition, the board shall give preference to private 2 colleges or universities that include underutilized properties within 3 their proposed [tax-free NY areas] EPIC zones. The board by a majority 4 vote shall approve or reject each plan forwarded to it by the commis- 5 sioner. 6 3. A campus, university or college may amend its approved plan, 7 provided that the campus, university or college may not violate the 8 terms of any lease with a business located in the approved [tax-free NY9area] EPIC zone. In addition, if a business located in [a tax-free NY10area] an EPIC zone does not have a lease with a campus, university or 11 college, and such business is terminated from the [START-UP NY] EPIC 12 program pursuant to paragraph (b) of subdivision four of section four 13 hundred thirty-six of this article, and subsequently does not relocate 14 outside of the [tax-free NY area] EPIC zone, a campus, university or 15 college may amend its approved plan to allocate an amount of vacant land 16 or space equal to the amount of space occupied by the business that is 17 terminated. The amendment must be approved pursuant to the procedures 18 and requirements set forth in subdivision one or two of this section, 19 whichever is applicable. 20 4. The [START-UP NY] EPIC approval board, by majority vote, shall 21 designate correctional facilities described in subdivision fourteen of 22 section four hundred thirty-one of this article, [START-UP NY] EPIC 23 airport facilities described in subdivision fifteen of section four 24 hundred thirty-one of this article and up to twenty strategic state 25 assets as [tax-free NY areas] EPIC zones. Each shall be affiliated with 26 a state university campus, city university campus, community college, or 27 private college or university and such designation shall require the 28 support of the affiliated campus, college or university. Each strategic 29 state asset and [START-UP NY] EPIC airport facility, other than a 30 correctional facility, may not exceed a maximum of two hundred thousand 31 square feet of vacant land or vacant building space designated as [a32tax-free NY area] an EPIC zone. Designation of strategic state assets, 33 correctional facilities described in subdivision fourteen of section 34 four hundred thirty-one of this article, and [START-UP NY] EPIC airport 35 facilities described in subdivision fifteen of section four hundred 36 thirty-one of this article as [tax-free NY areas] EPIC zones shall not 37 count against any square footage limitations in section four hundred 38 thirty-two of this article. 39 5. The commissioner shall promulgate regulations to effectuate the 40 purposes of this section, including, but not limited to, establishing 41 the process for the plan submissions and approvals of [tax-free NY42areas] EPIC zones and the eligibility criteria that will be applied in 43 evaluating those plans. 44 § 8. Section 436 of the economic development law, as added by section 45 1 of part A of chapter 68 of the laws of 2013 and subdivision 1 as 46 amended by section 1 of part KKK of chapter 58 of the laws of 2020, is 47 amended to read as follows: 48 § 436. Businesses locating in [tax-free NY areas] EPIC zones. 1. A 49 campus, university or college that has sponsored [a tax-free NY area] an 50 EPIC zone (including any strategic state asset affiliated with the 51 campus, university or college) shall solicit and accept applications 52 from businesses to locate in such area that are consistent with the plan 53 of such campus, university or college or strategic state asset that has 54 been approved pursuant to section four hundred thirty-five of this arti- 55 cle. Any business that wants to locate in [a tax-free NY area must] an 56 EPIC zone shall submit an application to the campus, university orS. 4008 64 A. 3008 1 college which is sponsoring the [tax-free NY area] EPIC zone by December 2 thirty-first, two thousand [twenty-five] thirty. Prior to such date, the 3 commissioner shall prepare an evaluation on the effectiveness of the 4 [START-UP NY] EPIC program and deliver it to the governor and the legis- 5 lature to determine continued eligibility for application submissions. 6 2. (a) The sponsoring campus, university or college shall provide the 7 application and all supporting documentation of any business it decides 8 to accept into its [tax-free NY area] EPIC zone to the commissioner for 9 review. Such application shall be in a form prescribed by the commis- 10 sioner and shall contain all information the commissioner determines is 11 necessary to properly evaluate the business's application, including, 12 but not limited to, the name, address, and employer identification 13 number of the business; a description of the land or space the business 14 will use, the terms of the lease agreement, if applicable, between the 15 sponsoring campus, university or college and the business, and whether 16 or not the land or space being used by the business is being transferred 17 or sublet to the business from some other business. The application must 18 include a certification by the business that it meets the eligibility 19 criteria specified in section four hundred thirty-three of this article 20 and will align with or further the academic mission of the sponsoring 21 campus, college or university, and that the business's participation in 22 the [START-UP NY] EPIC program will have positive community and economic 23 benefits. The application must also describe whether or not the busi- 24 ness competes with other businesses in the same community but outside 25 the [tax-free NY area] EPIC zone. In addition, the application must 26 include a description of how the business plans to recruit employees 27 from the local workforce. 28 (b) The commissioner shall review such application and documentation 29 within sixty days and may reject such application upon a determination 30 that the business does not meet the eligibility criteria in section four 31 hundred thirty-three of this article, has submitted an incomplete appli- 32 cation, has failed to comply with subdivision three of this section, or 33 has failed to demonstrate that the business's participation in the 34 [START-UP NY] EPIC program will have positive community and economic 35 benefits, which shall be evaluated based on factors including but not 36 limited to whether or not the business competes with other businesses in 37 the same community but outside the [tax-free NY area] EPIC zone as 38 prohibited by section four hundred forty of this article. If the commis- 39 sioner rejects such application, it shall provide notice of such 40 rejection to the sponsoring campus, university or college and business. 41 If the commissioner does not reject such application within sixty days, 42 such business is accepted to locate in such [tax-free NY area] EPIC 43 zone, and the application of such business shall constitute a contract 44 between such business and the sponsoring campus, university or college. 45 The sponsoring campus, university or college must provide accepted busi- 46 nesses with documentation of their acceptances in such form as 47 prescribed by the commissioner of taxation and finance which will be 48 used to demonstrate such business's eligibility for the tax benefits 49 specified in section thirty-nine of the tax law. 50 (c) If a state university campus proposes to enter into a lease with a 51 business for eligible land in [a tax-free NY area] an EPIC zone with a 52 term greater than forty years, including any options to renew, or for 53 eligible land in [a tax-free NY area] an EPIC zone of one million or 54 more square feet, the state university campus, at the same time as the 55 application is provided to the commissioner, also must submit the lease 56 for review to the [START-UP NY] EPIC approval board. If the board doesS. 4008 65 A. 3008 1 not disapprove of the lease terms within thirty days, the lease is 2 deemed approved. If the board disapproves the lease terms, the state 3 university campus must submit modified lease terms to the commissioner 4 for review. The commissioner's sixty day review period is suspended 5 while the board is reviewing the lease and during the time it takes for 6 the state university campus to modify the lease terms. 7 (d) Except as otherwise provided in this article, proprietary informa- 8 tion or supporting documentation submitted by a business to a sponsoring 9 campus, university or college shall only be utilized for the purpose of 10 evaluating such business's application or compliance with the provisions 11 of this article and shall not be otherwise disclosed. Any person who 12 willfully discloses such information to a third party for any other 13 purpose whatsoever shall be guilty of a misdemeanor. 14 3. The business submitting the application, as part of the applica- 15 tion, must: 16 (a) agree to allow the department of taxation and finance to share its 17 tax information with the department and the sponsoring campus, universi- 18 ty or college; 19 (b) agree to allow the department of labor to share its tax and 20 employer information with the department and the sponsoring campus, 21 university or college; 22 (c) allow the department and its agents and the sponsoring campus, 23 university or college access to any and all books and records the 24 department or sponsoring campus, university or college may require to 25 monitor compliance; 26 (d) include performance benchmarks, including the number of net new 27 jobs that must be created, the schedule for creating those jobs, and 28 details on job titles and expected salaries. The application must speci- 29 fy the consequences for failure to meet such benchmarks, as determined 30 by the business and the sponsoring campus, university or college: (i) 31 suspension of such business's participation in the [START-UP NY] EPIC 32 program for one or more tax years as specified in such application; (ii) 33 termination of such business's participation in the [START-UP NY] EPIC 34 program; and/or (iii) proportional recovery of tax benefits awarded 35 under the [START-UP NY] EPIC program as specified in section thirty-nine 36 of the tax law; 37 (e) provide the following information to the department and sponsoring 38 campus, university or college upon request: 39 (i) the prior three years of federal and state income or franchise tax 40 returns, unemployment insurance quarterly returns, real property tax 41 bills and audited financial statements; 42 (ii) the employer identification or social security numbers for all 43 related persons to the business, including those of any members of a 44 limited liability company or partners in a partnership; 45 (f) provide a clear and detailed presentation of all related persons 46 to the business to assure the department that jobs are not being shifted 47 within the state; and 48 (g) certify, under penalty of perjury, that it is in substantial 49 compliance with all environmental, worker protection, and local, state, 50 and federal tax laws, and that it satisfies all the eligibility require- 51 ments to participate in the [START-UP NY] EPIC program. 52 4. (a) At the conclusion of the lease term of a lease by the sponsor- 53 ing campus, university or college to a business of land or space in [a54tax-free NY area] an EPIC zone owned by the sponsoring campus, universi- 55 ty or college, the leased land or space and any improvements thereonS. 4008 66 A. 3008 1 shall revert to the sponsoring campus, university or college, unless the 2 lease is renewed. 3 (b) If, at any time, the sponsoring campus, university or college or 4 the commissioner determines that a business no longer satisfies any of 5 the eligibility criteria specified in section four hundred thirty-three 6 of this article, the sponsoring campus, university or college shall 7 recommend to the commissioner that the commissioner terminate or the 8 commissioner on his or her own initiative shall immediately terminate 9 such business's participation in the [START-UP NY] EPIC zone program. 10 Such business shall be notified of such termination by a method which 11 allows for verification of receipt of such termination notice. A copy of 12 such termination notice shall be sent to the commissioner of taxation 13 and finance. Upon such termination, such business shall not be eligible 14 for the tax benefits specified in section thirty-nine of the tax law for 15 that or any future taxable year, calendar quarter or sales tax quarter, 16 although employees of such business may continue to claim the tax bene- 17 fit for their wages during the remainder of that taxable year. Further, 18 such lease or contract between the sponsoring campus, university or 19 college and such business shall be rescinded, effective on the thirtieth 20 day after the commissioner mailed such termination notice to such busi- 21 ness and the land or space and any improvements thereon shall revert to 22 the sponsoring campus, university or college. 23 5. The commissioner shall promulgate regulations to effectuate the 24 purposes of this section, including, but not limited to, establishing 25 the process for the evaluation and possible rejection of applications, 26 the eligibility criteria that will be applied in evaluating those appli- 27 cations, and the process for terminations from the [START-UP NY] EPIC 28 program and administrative appeals of such terminations. 29 § 9. The economic development law is amended by adding a new section 30 436-a to read as follows: 31 § 436-a. Commissioner authority to act in lieu of EPIC approval board. 32 With respect to its duties under this article, if the EPIC approval 33 board's membership is not complete, the department shall notify the 34 legislature of the need for appointments to such board and the legisla- 35 ture shall have thirty calendar days to make such appointments. If after 36 thirty calendar days such appointments have not been made, and the board 37 is not fully constituted nor able to undertake its duties under this 38 article, any and all items requiring board approval can be decided upon 39 by the commissioner and such decisions shall be binding as if having 40 been rendered by the EPIC approval board. 41 § 10. Section 437 of the economic development law, as added by section 42 1 of part A of chapter 68 of the laws of 2013, is amended to read as 43 follows: 44 § 437. MWBE and prevailing wage requirements. 1. For prevailing wage 45 and minority and women-owned business enterprises requirements applica- 46 ble to [tax-free NY areas] EPIC zones on state university campuses, city 47 university campuses and community colleges, see section three hundred 48 sixty-one of the education law. 49 2. Any contract to which a business on a strategic state asset in [a50tax-free NY area] an EPIC zone is a party, and any contract entered into 51 by a third party acting in place of, on behalf of and for the benefit of 52 the business pursuant to any lease, permit or other agreement between 53 such third party and the business, for the construction, reconstruction, 54 demolition, excavation, rehabilitation, repair, renovation, alteration, 55 or improvement, of a project, shall be subject to all of the provisions 56 of article eight of the labor law, including the enforcement of prevail-S. 4008 67 A. 3008 1 ing wage requirements by the fiscal officer as defined in paragraph e of 2 subdivision five of section two hundred twenty of the labor law to the 3 same extent as a contract of the state, and shall be deemed a public 4 work for purposes of such article. 5 3. Any individual, public corporation or authority, private corpo- 6 ration, limited liability company or partnership or other entity enter- 7 ing into a contract, subcontract, lease, grant, bond, covenant or other 8 agreement for a project undertaken on a strategic state asset in [a9tax-free NY area] an EPIC zone shall be deemed a state agency as that 10 term is defined in article fifteen-A of the executive law and such 11 contracts shall be deemed state contracts within the meaning of that 12 term as set forth in such article. 13 4. A business on a strategic state asset in [a tax-free NY area] an 14 EPIC zone may require a contractor awarded a contract, subcontract, 15 lease, grant, bond, covenant or other agreement for a project to enter 16 into a project labor agreement pursuant to section two hundred twenty- 17 two of the labor law during and for the work involved with such project 18 when such requirement is part of the business's request for proposals 19 for the project and when the business determines that the record 20 supporting the decision to enter into such an agreement establishes that 21 the interests underlying the competitive bidding laws are best met by 22 requiring a project labor agreement including: obtaining the best work 23 at the lowest possible price; preventing favoritism, fraud and 24 corruption; the impact of delay; the possibility of cost savings; and 25 any local history of labor unrest. 26 5. For the purposes of this section "project" shall mean capital 27 improvement work on a strategic state asset to be subject to any lease, 28 transfer or conveyance, other than conveyance of title. Such capital 29 improvement work shall include the design, construction, reconstruction, 30 demolition, excavation, rehabilitation, repair, renovation, alteration 31 or improvement of a strategic state asset. 32 § 11. Section 439 of the economic development law, as added by section 33 1 of part A of chapter 68 of the laws of 2013, is amended to read as 34 follows: 35 § 439. Conflict of interest guidelines. 1. Each campus, university or 36 college participating in the [START-UP NY] EPIC program shall adopt a 37 conflict of interest policy. Such conflict of interest policy shall 38 provide, as it relates to the [START-UP NY] EPIC program: (a) as a 39 general principle, that service as an official of the campus, university 40 or college shall not be used as a means for private benefit or inurement 41 for the official, a relative thereof, or any entity in which the offi- 42 cial, or relative thereof, has a business interest; (b) no official who 43 is a vendor or employee of a vendor of goods or services to the campus, 44 university or college, or who has a business interest in such vendor, or 45 whose relative has a business interest in such vendor, shall vote on, or 46 participate in the administration by the campus, university or college, 47 as the case may be, of any transaction with such vendor; and (c) upon 48 becoming aware of an actual or potential conflict of interest, an offi- 49 cial shall advise the president or chief executive officer of the 50 campus, university or college, as the case may be, of his or her or a 51 relative's business interest in any such existing or proposed vendor 52 with the campus, university or college. Each campus, university or 53 college shall maintain a written record of all disclosures of actual or 54 potential conflicts of interest made pursuant to paragraph (c) of this 55 subdivision, and shall report such disclosures, on a calendar year 56 basis, by January thirty-first of each year, to the auditor for suchS. 4008 68 A. 3008 1 campus, university or college. The auditor shall forward such reports to 2 the commissioner, who shall make public such reports. 3 2. For purposes of such conflict of interest policies: (a) an official 4 of a campus, university or college has a "business interest" in an enti- 5 ty if the individual: (i) owns or controls ten percent or more of the 6 stock of the entity (or one percent in the case of an entity the stock 7 of which is regularly traded on an established securities exchange); or 8 (ii) serves as an officer, director or partner of the entity; (b) a 9 "relative" of an official of a campus, university or college shall mean 10 any person living in the same household as the individual and any person 11 who is a direct descendant of that individual's grandparents or the 12 spouse of such descendant; and (c) an "official" of a campus, university 13 or college shall mean an employee at the level of dean and above as well 14 as any other employee with decision-making authority over the [START-UP15NY] EPIC program. 16 § 12. Section 440 of the economic development law, as added by section 17 1 of part A of chapter 68 of the laws of 2013, is amended to read as 18 follows: 19 § 440. Prohibition of anti-competitive behavior. A sponsoring campus, 20 university or college shall not accept any application to locate in [a21tax-free NY area] an EPIC zone under subdivision one of section four 22 hundred thirty-six of this article from a business that would compete 23 with other businesses in the same community but outside the [tax-free NY24area] EPIC zone, and the commissioner shall reject any application under 25 subdivision two of section four hundred thirty-six of this article upon 26 determining that the business would compete with other businesses in the 27 same community but outside the [tax-free NY area] EPIC zone. The 28 commissioner shall issue and promulgate such rules and regulations as 29 are necessary to implement this section. 30 § 13. Section 215-d of the education law, as added by section 1 of 31 part Z of chapter 56 of the laws of 2014, is amended to read as follows: 32 § 215-d. State university of New York report on economic development 33 activities. The chancellor of the state university of New York shall 34 report to the governor and to the legislature, on or before January 35 first, two thousand fifteen, on economic development activities under- 36 taken by the state university of New York. Such report shall include, 37 but not be limited to, expenditures of capital funds for economic devel- 38 opment activities received from the empire state development corpo- 39 ration, SUNY 2020 challenge grant projects, capital expenditures from 40 other sources, and activities for the purpose of securing [START-UP NY] 41 EPIC approval. 42 § 14. Paragraphs a, s and z of subdivision 2 of section 355 of the 43 education law, paragraph a as amended by section 18, paragraph s as 44 amended by section 19 and paragraph z as added by section 20, of part A 45 of chapter 68 of the laws of 2013, are amended to read as follows: 46 a. To take, hold and administer on behalf of the state university or 47 any institution therein, real and personal property or any interest 48 therein and the income thereof either absolutely or in trust for any 49 educational or other purpose within the jurisdiction and corporate 50 purposes of the state university. The trustees may acquire property for 51 such purposes by purchase, appropriation or lease and by the acceptance 52 of gifts, grants, bequests and devises, and, within appropriations made 53 therefor, may equip and furnish buildings and otherwise improve property 54 owned, used or occupied by the state university or any institution ther- 55 ein. The trustees may acquire property by the acceptance of conditional 56 gifts, grants, devises or bequests, the provisions of section eleven ofS. 4008 69 A. 3008 1 the state finance law notwithstanding. Where real property is to be 2 acquired by purchase or appropriation, such acquisition shall be in 3 accordance with the provisions of section three hundred seven of this 4 chapter except that the powers and duties in said section mentioned to 5 be performed by the commissioner shall be performed by the state univer- 6 sity trustees. The provisions of section three of the public lands law 7 notwithstanding, the trustees may provide for the lease of state-owned 8 real property under the jurisdiction of the state university that is 9 part of [a tax-free NY area] an EPIC zone approved pursuant to article 10 twenty-one of the economic development law, in such manner and upon such 11 terms as the trustees shall determine, provided such lease is consistent 12 with the approved plan for such [tax-free NY area] EPIC zone. 13 s. To lease or make available to the state university construction 14 fund, the dormitory authority or other public benefit corporation, the 15 New York state teachers' retirement system, the New York state employ- 16 ees' retirement system, or a business that intends to locate in [a tax-17free NY area] an EPIC zone approved pursuant to article twenty-one of 18 the economic development law, a portion of the grounds or real property 19 occupied by a state-operated institution or statutory or contract 20 college for the construction, acquisition, reconstruction, rehabili- 21 tation or improvement of academic buildings, dormitories or other facil- 22 ities thereon pursuant to article eight-A of this chapter and for the 23 purpose of facilitating such construction, acquisition, reconstruction, 24 rehabilitation or improvement, to enter into leases and agreements for 25 the use of any such academic building, dormitory or other facility in 26 accordance with the provisions of section three hundred seventy-eight of 27 this [chapter] title; provided, however, that nothing herein contained 28 shall affect the provisions of any lease or agreement heretofore 29 executed by the state university with the dormitory authority. The state 30 university trustees may also enter into agreements with the state 31 university construction fund, the dormitory authority or other public 32 benefit corporation, the New York state teachers' retirement system, the 33 New York state employees' retirement system or any business that intends 34 to locate in [a tax-free NY area] an EPIC zone approved pursuant to 35 article twenty-one of the economic development law, to furnish heat from 36 a central heating plant to any academic building, dormitory or other 37 facility erected by them or with moneys supplied by them. Any such 38 academic building, dormitory or other facility shall not be subject to 39 taxation for any purpose. 40 z. In connection with business/university partnerships in support of 41 the corporate purposes of the state university, to participate in joint 42 and cooperative arrangements with businesses that have located in [a43tax-free NY area] an EPIC zone approved pursuant to article twenty-one 44 of the economic development law provided such arrangements are consist- 45 ent with the approved plan for such [tax-free NY area] EPIC zone. 46 § 15. The section heading and the opening paragraph of subdivision 1 47 of section 361 of the education law, as added by section 21 of part A of 48 chapter 68 of the laws of 2013, is amended to read as follows: 49 [START-UP NY] EPIC program leases. Any lease or contract between a 50 state university campus, city university campus or community college as 51 defined in section four hundred thirty-one of the economic development 52 law and a business for the use of vacant land or vacant space owned or 53 leased by such state university campus, community college or city 54 university campus in [a tax-free NY area] an EPIC zone approved pursuant 55 to article twenty-one of the economic development law shall provide:S. 4008 70 A. 3008 1 § 16. Subdivision 2 of section 420-a of the real property tax law, as 2 amended by section 17 of part A of chapter 68 of the laws of 2013, is 3 amended to read as follows: 4 2. If any portion of such real property is not so used exclusively to 5 carry out thereupon one or more of such purposes but is leased or other- 6 wise used for other purposes, such portion shall be subject to taxation 7 and the remaining portion only shall be exempt; provided, however, that 8 such real property shall be fully exempt from taxation although it or a 9 portion thereof is used (a) for purposes which are exempt pursuant to 10 this section or sections four hundred twenty-b, four hundred twenty-two, 11 four hundred twenty-four, four hundred twenty-six, four hundred twenty- 12 eight, four hundred thirty or four hundred fifty of this chapter by 13 another corporation which owns real property exempt from taxation pursu- 14 ant to such sections or whose real property if it owned any would be 15 exempt from taxation pursuant to such sections, (b) for purposes which 16 are exempt pursuant to section four hundred six or section four hundred 17 eight of this chapter by a corporation which owns real property exempt 18 from taxation pursuant to such section or if it owned any would be 19 exempt from taxation pursuant to such section, (c) for purposes which 20 are exempt pursuant to section four hundred sixteen of this chapter by 21 an organization which owns real property exempt from taxation pursuant 22 to such section or whose real property if it owned any would be exempt 23 from taxation pursuant to such section, (d) for purposes relating to 24 civil defense pursuant to the New York state defense emergency act, 25 including but not limited to activities in preparation for anticipated 26 attack, during attack, or following attack or false warning thereof, or 27 in connection with drill or test ordered or directed by civil defense 28 authorities, or (e) for purposes of [a tax-free NY area] an EPIC zone 29 that has been approved pursuant to article twenty-one of the economic 30 development law, subject to the conditions that the real property must 31 have been owned by the corporation or association organized exclusively 32 for educational purposes and exempt pursuant to this section on June 33 first, two thousand thirteen, and that the exemption shall apply only to 34 the portion of such real property that is used for purposes of the 35 [START-UP NY] EPIC program; and provided further that such real property 36 shall be exempt from taxation only so long as it or a portion thereof, 37 as the case may be, is devoted to such exempt purposes and so long as 38 any moneys paid for such use do not exceed the amount of the carrying, 39 maintenance and depreciation charges of the property or portion thereof, 40 as the case may be. 41 § 17. Section 39 of the tax law, as added by section 2 of part A of 42 chapter 68 of the laws of 2013, subdivision (c-1) as added by section 1 43 and paragraph 6 of subdivision (k) as amended by section 2-a of part T, 44 and paragraph 4 of subdivision (k) as amended by section 53 of part A of 45 chapter 59 of the laws of 2014, is amended to read as follows: 46 § 39. Tax benefits for businesses located in [tax-free NY areas] EPIC 47 zones and employees of such businesses. (a) (1) Any business or owner of 48 a business in the case of a business taxed as a sole proprietorship, 49 partnership or New York S corporation, that is located in [a tax-free NY50area] an EPIC zone approved pursuant to article twenty-one of the 51 economic development law is eligible for the tax benefits described in 52 this section. Unless otherwise specified, such business or owner of such 53 business shall be eligible for these tax benefits for a period of ten 54 consecutive taxable years, commencing with the taxable year during which 55 it locates in the [tax-free NY area] EPIC zone.S. 4008 71 A. 3008 1 (2) In order to be eligible for these tax benefits during any taxable 2 year, calendar quarter or sales tax quarter, such business must be 3 approved to participate in the [START-UP NY] EPIC program, must operate 4 at the approved location in the [tax-free NY area] EPIC zone, and must 5 satisfy the eligibility criteria specified in paragraph (b) of subdivi- 6 sion one of section four hundred thirty-three of the economic develop- 7 ment law. 8 (b) [Tax-free NY area] EPIC zone elimination credit. Such business or 9 the owner of such business shall be eligible for the [tax-free NY area] 10 EPIC zone tax elimination credit described in section forty of this 11 article. 12 (c-1) Excise tax on telecommunication services. Such business or owner 13 of a business shall be eligible for a credit of the excise tax on tele- 14 communication services imposed by section one hundred eighty-six-e of 15 this chapter that is passed through to such business, pursuant to the 16 provisions referenced in subdivision (k) of this section. 17 (d) Metropolitan commuter transportation district mobility tax. If the 18 [tax-free NY area] EPIC zone at which such business is located is within 19 the metropolitan commuter transportation district (MCTD), and such busi- 20 ness is an employer engaged in business within the MCTD, the payroll 21 expense of such business at such location within the [tax-free NY area] 22 EPIC zone shall be exempt from the metropolitan commuter transportation 23 district mobility tax imposed under article twenty-three of this chapter 24 for forty consecutive calendar quarters, commencing with the calendar 25 quarter during which the employer locates in the [tax-free NY area] EPIC 26 zone within the MCTD. If the [tax-free NY area] EPIC zone at which such 27 business is located is within the MCTD and the owner of such business is 28 an individual who has net earnings from self-employment at such 29 location, such net earnings shall be exempt from the metropolitan commu- 30 ter transportation district mobility tax imposed under article twenty- 31 three of this chapter for ten consecutive taxable years commencing with 32 the taxable year during which the business locates in the [tax-free NY33area] EPIC zone. 34 (e) To the extent specified, the wages of an individual who is an 35 employee of such business located within [a tax-free NY area] EPIC zone 36 received from such business for employment in such [tax-free NY area] an 37 EPIC zone shall be eligible for the benefits as provided in article 38 twenty-two of this chapter, the New York city personal income tax as 39 provided in article thirty of this chapter, the Yonkers city income tax 40 as provided in article thirty-A of this chapter, and the Yonkers earn- 41 ings tax on non-residents during the ten taxable year period for such 42 business specified in subdivision (a) of this section, provided the 43 requirements of this subdivision are satisfied. 44 (i) The individual when employed by such business must be engaged in 45 work performed exclusively at the location within the [tax-free NY area] 46 EPIC zone during the taxable year. 47 (ii) The individual when employed by such business must be engaged in 48 work at the location of such business within the [tax-free NY area] EPIC 49 zone for at least one-half of the taxable year. 50 (iii) Such business must be in compliance with the requirements set 51 forth in subdivision (a) of this section. 52 (iv) The individual must be employed by such business in a net new job 53 created by such business in the [tax-free NY area] EPIC zone. 54 (f) Sales and use tax. Such business shall be eligible for a credit or 55 refund for sales and use taxes imposed on the retail sale of tangible 56 personal property or services under subdivisions (a), (b), and (c) ofS. 4008 72 A. 3008 1 section eleven hundred five and section eleven hundred ten of this chap- 2 ter and similar taxes imposed pursuant to the authority of article twen- 3 ty-nine of this chapter. The credit or refund shall be allowed for one 4 hundred twenty consecutive months beginning with the month during which 5 such business locates in the [tax-free NY area] EPIC zone. 6 (g) Real estate transfer taxes. Any lease of property to such business 7 shall be exempt from any state or local real estate transfer tax or real 8 property transfer tax. 9 (h) (A) Notwithstanding any provision of this chapter to the contrary, 10 the commissioner, to the extent practicable, may disclose publicly the 11 names and addresses of the businesses receiving any of the tax benefits 12 specified in this section. In addition, the commissioner may disclose 13 publicly the amounts of such benefits allowed to each such business, and 14 whether or not a business created or maintained net new jobs during the 15 taxable year. With regard to the income tax exemption specified in 16 subdivision (e) of this section, the commissioner may publicly disclose 17 the aggregate amounts of such tax exemption allowed to employees. In 18 addition, the commissioner may publicly disclose the number of net new 19 jobs such business reports on its tax return or report or any other 20 information necessary for the commissioner of economic development or 21 the campus, college or university sponsoring the [tax-free NY area] EPIC 22 zone approved pursuant to article twenty-one of the economic development 23 law to monitor and enforce compliance with the law, rules and regu- 24 lations governing the [START-UP NY] EPIC program. 25 (B) Notwithstanding any provision of this chapter to the contrary, the 26 commissioner, in determining whether a business or any of its owners is 27 entitled to the tax benefits described in this section, may utilize and 28 if necessary, disclose to the commissioner of economic development, 29 information derived from the tax returns of such business or related 30 persons of such business and wage reporting information relating to any 31 employees of such business or its related persons. 32 (i) Such business shall not be allowed to claim any other tax credit 33 allowed under this chapter with respect to its activities or employees 34 in such [tax-free NY area] EPIC zone. 35 (j) If the application of a business for participation in the [START-36UP NY] EPIC program specifies that failure to meet the performance 37 benchmarks specified in such application shall result in proportional 38 recovery of tax benefits awarded under the [START-UP NY] EPIC program, 39 the business shall be required to reduce the total amount of tax bene- 40 fits described in this section that the business or its owners claimed 41 or received during the taxable year by the percentage reduction in net 42 new jobs promised by the performance benchmarks, and if the tax benefits 43 are reduced to an amount less than zero, those negative amounts shall be 44 added back as tax. The amount required to be added back shall be 45 reported on such business's corporate franchise tax report if such busi- 46 ness is taxed as a corporation or on the corporate franchise tax reports 47 or personal income tax returns of the owners of such business if such 48 business is taxed as a sole proprietorship, partnership or New York S 49 corporation. 50 (k) Cross-references. For application of the tax benefits provided for 51 in this section, see the following provisions of this chapter: 52 (1) Section 40. 53 (4) Article 9-A: section 210-B, subdivision 41 and subdivision 44. 54 (5) Article 22: section 606, subsection (i), paragraph (1), subpara- 55 graph (B), clause (xxxvi). 56 (6) Article 22: section 606, subsection (ww) and subsection (yy).S. 4008 73 A. 3008 1 (7) Article 22: section 612, subsection (c), paragraph (40). 2 (8) Article 23: section 803. 3 (9) Article 28: section 1119, subdivision (d). 4 (10) Article 31: section 1405, subdivision (b), paragraph 11. 5 § 18. The section heading and the opening paragraph of section 39-a of 6 the tax law, as added by section 3 of part A of chapter 68 of the laws 7 of 2013, is amended to read as follows: 8 Penalties for fraud in the [START-UP NY] EPIC program. If the commis- 9 sioner of economic development on his or her own initiative or on the 10 recommendation of a sponsoring campus, university or college finally 11 determines that any such business participating in the [START-UP NY]EPIC 12 program authorized under article twenty-one of the economic development 13 law has acted fraudulently in connection with its participation in such 14 program, such business: 15 § 19. Section 40 of the tax law, as added by section 4 of part A of 16 chapter 68 of the laws of 2013, paragraph 1 of subdivision (c) as 17 amended by section 34, clause (ii) of subparagraph (B) of paragraph 2 of 18 subdivision (d) as amended by section 35, subparagraph (C) of paragraph 19 2 of subdivision (d) as amended by section 36, subparagraph (B) of para- 20 graph 3 of subdivision (d) as amended by section 37 and paragraph 1 of 21 subdivision (e) as amended by section 38 of part T of chapter 59 of the 22 laws of 2015, is amended to read as follows: 23 § 40. The [tax-free NY area] EPIC zone tax elimination credit. (a) 24 Allowance of credit. A taxpayer that is a business or owner of a busi- 25 ness in the case of a business taxed as a sole proprietorship, partner- 26 ship or New York S corporation, that is located in [a tax-free NY area] 27 an EPIC zone approved pursuant to article twenty-one of the economic 28 development law and is subject to tax under article nine-A, or twenty- 29 two of this chapter, shall be allowed a credit against such tax, pursu- 30 ant to the provisions referenced in subdivision (e) of this section, to 31 be computed as hereinafter provided. 32 (b) Amount of credit. The amount of the credit shall be the product 33 of: (1) the [tax-free area] EPIC zone allocation factor; and (2) the 34 tax factor. 35 (c) [Tax-free area] EPIC zone allocation factor. The [tax-free area] 36 EPIC zone allocation factor shall be the percentage representing the 37 business's economic presence in the [tax-free NY area] EPIC zone in 38 which the business was approved to locate pursuant to article twenty-one 39 of the economic development law. This percentage shall be computed by: 40 (1) ascertaining the percentage that the average value of the busi- 41 ness's real and tangible personal property, whether owned or rented to 42 it, in the [tax-free NY area] EPIC zone in which the business was 43 located during the period covered by the taxpayer's report or return 44 bears to the average value of the business's real and tangible personal 45 property, whether owned or rented to it, within the state during such 46 period; provided that the term "value of the business's real and tangi- 47 ble personal property" shall have the same meaning as such term has in 48 paragraph (a) of subdivision two of section two hundred nine-B of this 49 chapter; and 50 (2) ascertaining the percentage that the total wages, salaries and 51 other personal service compensation, similarly computed, during such 52 period of employees, except general executive officers, employed at the 53 business's location in the [tax-free NY area] EPIC zone, bears to the 54 total wages, salaries and other personal service compensation, similarly 55 computed, during such period, of all the business's employees within the 56 state, except general executive officers; andS. 4008 74 A. 3008 1 (3) adding together the percentages so determined and dividing the 2 result by two. 3 For purposes of article twenty-two of this chapter, references in this 4 subdivision to property, wages, salaries and other personal service 5 compensation shall be deemed to be references to such items connected 6 with the conduct of a business. 7 (d) Tax factor. (1) General. The tax factor shall be, in the case of 8 article nine-A of this chapter, the largest of the amounts of tax deter- 9 mined for the taxable year under paragraphs (a) through (d) of subdivi- 10 sion one of section two hundred ten of such article after the deduction 11 of any other credits allowable under such article. The tax factor shall 12 be, in the case of article twenty-two of this chapter, the tax deter- 13 mined for the taxable year under subsections (a) through (d) of section 14 six hundred one of such article after the deduction of any other credits 15 allowable under such article. 16 (2) Sole proprietors, partners and S corporation shareholders. (A) 17 Where the taxpayer is a sole proprietor of a business located in [a18tax-free NY area] an EPIC zone, the taxpayer's tax factor shall be that 19 portion of the amount determined in paragraph one of this subdivision 20 that is attributable to the income of the business at its location in 21 the [tax-free NY area] EPIC zone. Such attribution shall be made in 22 accordance with the ratio of the taxpayer's income from such business 23 allocated within the state, entering into New York adjusted gross 24 income, to the taxpayer's New York adjusted gross income, or in accord- 25 ance with such other methods as the commissioner may prescribe as 26 providing an apportionment that reasonably reflects the portion of the 27 taxpayer's tax attributable to the income of such business. In no event 28 may the ratio so determined exceed 1.0. The income from such business 29 allocated within the state shall be determined as if the sole proprietor 30 was a non-resident. 31 (B)(i) Where the taxpayer is a member of a partnership that is a busi- 32 ness located in [a tax-free NY area] an EPIC zone, the taxpayer's tax 33 factor shall be that portion of the amount determined in paragraph one 34 of this subdivision that is attributable to the income of the partner- 35 ship. Such attribution shall be made in accordance with the ratio of the 36 partner's income from the partnership allocated within the state to the 37 partner's entire income, or in accordance with such other methods as the 38 commissioner may prescribe as providing an apportionment that reasonably 39 reflects the portion of the partner's tax attributable to the income of 40 the partnership. In no event may the ratio so determined exceed 1.0. The 41 income from the partnership allocated within the state shall be deter- 42 mined as if any of the partners was a non-resident. 43 (ii) For purposes of article nine-A of this chapter, the term "part- 44 ner's income from the partnership" means partnership items of income, 45 gain, loss and deduction, and New York modifications thereto, entering 46 into business income and the term "partner's entire income" means busi- 47 ness income, allocated within the state. For purposes of article twen- 48 ty-two of this chapter, the term "partner's income from the partnership" 49 means partnership items of income, gain, loss and deduction, and New 50 York modifications thereto, entering into New York adjusted gross 51 income, and the term "partner's entire income" means New York adjusted 52 gross income. 53 (C) (i) Where the taxpayer is a shareholder of a New York S corpo- 54 ration that is a business located in [a tax-free NY area] an EPIC zone, 55 the shareholder's tax factor shall be that portion of the amount deter- 56 mined in paragraph one of this subdivision that is attributable to theS. 4008 75 A. 3008 1 income of the S corporation. Such attribution shall be made in accord- 2 ance with the ratio of the shareholder's income from the S corporation 3 allocated within the state, entering into New York adjusted gross 4 income, to the shareholder's New York adjusted gross income, or in 5 accordance with such other methods as the commissioner may prescribe as 6 providing an apportionment that reasonably reflects the portion of the 7 shareholder's tax attributable to the income of such business. The 8 income of the S corporation allocated within the state shall be deter- 9 mined by multiplying the income of the S corporation by a business allo- 10 cation factor that shall be determined in clause (ii) of this subpara- 11 graph. In no event may the ratio so determined exceed 1.0. 12 (ii) The business allocation factor for purposes of this subparagraph 13 shall be computed by adding together the property factor specified in 14 subclause (I) of this clause, the wage factor specified in subclause 15 (II) of this clause and the apportionment factor determined under 16 section two hundred ten-A of this chapter and dividing by three. 17 (I) The property factor shall be determined by ascertaining the 18 percentage that the average value of the business's real and tangible 19 personal property, whether owned or rented to it, within the state 20 during the period covered by the taxpayer's report or return bears to 21 the average value of the business's real and tangible personal property, 22 whether owned or rented to it, within and without the state during such 23 period; provided that the term "value of the business's real and tangi- 24 ble personal property" shall have the same meaning as such term has in 25 paragraph (a) of subdivision two of section two hundred nine-B of this 26 chapter. 27 (II) The wage factor shall be determined by ascertaining the percent- 28 age that the total wages, salaries and other personal service compen- 29 sation, similarly computed, during such period of employees, except 30 general executive officers, employed at the business's location or 31 locations within the state, bears to the total wages, salaries and other 32 personal service compensation, similarly computed, during such period, 33 of all the business's employees within and without the state, except 34 general executive officers. 35 (3) Combined returns or reports. (A) Where the taxpayer is a business 36 located in [a tax-free NY area] an EPIC zone and is required or permit- 37 ted to make a return or report on a combined basis under article nine-A 38 of this chapter, the taxpayer's tax factor shall be the amount deter- 39 mined in paragraph one of this subdivision that is attributable to the 40 income of such business. Such attribution shall be made in accordance 41 with the ratio of the business's income allocated within the state to 42 the combined group's income, or in accordance with such other methods as 43 the commissioner may prescribe as providing an apportionment that 44 reasonably reflects the portion of the combined group's tax attributable 45 to the income of such business. In no event may the ratio so determined 46 exceed 1.0. 47 (B) The term "income of the business located in [a tax-free NY area] 48 an EPIC zone" means business income calculated as if the taxpayer was 49 filing separately and the term "combined group's income" means business 50 income as shown on the combined report, allocated within the state. 51 (4) If a business is generating or receiving income from a line of 52 business or intangible property that was previously conducted, created 53 or developed by the business or a related person, as that term is 54 defined in section four hundred thirty-one of the economic development 55 law, the tax factor specified in this subdivision shall be adjusted to 56 disregard such income.S. 4008 76 A. 3008 1 (e) Cross-references. For application of the credit provided for in 2 this section, see the following provisions of this chapter: 3 (1) Article 9-A: section 210-B, subdivision 41. 4 (2) Article 22: section 606, subsection (i), paragraph (1), subpara- 5 graph (B), clause (xxxvi). 6 (3) Article 22: section 606, subsection (ww). 7 § 20. Clauses (xxxvi) and (xxxviii) of subparagraph (B) of paragraph 1 8 of subsection (i) and subsections (ww) and (yy) of section 606 of the 9 tax law, clauses (xxxvi) and (xxxviii) of subparagraph (B) of paragraph 10 1 of subsection (i) as amended by section 68 of part A of chapter 59 of 11 the laws of 2014, subsection (ww) as added by section 9 of part A of 12 chapter 68 of the laws of 2013, and subsection (yy) as amended by 13 section 9 of part I of chapter 59 of the laws of 2015, are amended to 14 read as follows: 15 (xxxvi) [Tax-free NY area] EPIC zone Amount of 16 tax elimination credit credit under 17 subdivision forty-one 18 of section two hundred ten-B 19 (xxxviii) [Tax-free NY area] EPIC Amount 20 zone of credit under 21 excise tax on subdivision 22 telecommunications services forty-four of section 23 credit under subsection (yy) two hundred ten-B 24 (ww) [Tax-free NY area] EPIC zone tax elimination credit. (1) Allowance 25 of credit. A taxpayer shall be allowed a credit, to be computed as 26 provided under section forty of this chapter, against the tax imposed by 27 this article. 28 (2) Application of credit. If the amount of the credit allowed under 29 this subsection for any taxable year exceeds the taxpayer's tax for such 30 year, the excess will be treated as an overpayment to be credited or 31 refunded in accordance with the provisions of section six hundred eight- 32 y-six of this article, provided, however, that no interest will be paid 33 thereon. 34 (yy) The [tax-free NY area] EPIC zone excise tax on telecommunication 35 services credit. A taxpayer that is a business or owner of a business 36 that is located in [a tax-free NY area] an EPIC zone approved pursuant 37 to article twenty-one of the economic development law shall be allowed a 38 credit equal to the excise tax on telecommunication services imposed by 39 section one hundred eighty-six-e of this chapter and passed through to 40 such business during the taxable year to the extent not otherwise 41 deducted in computing New York adjusted gross income. This credit may be 42 claimed only where any tax imposed by such section one hundred eighty- 43 six-e has been separately stated on a bill from the provider of telecom- 44 munication services and paid by such taxpayer with respect to such 45 services rendered within [a tax-free NY area] an EPIC zone during the 46 taxable year. If the amount of the credit allowed under this subsection 47 for any taxable year exceeds the taxpayer's tax for such year, the 48 excess will be treated as an overpayment to be credited or refunded in 49 accordance with the provisions of section six hundred eighty-six of this 50 article, provided, however, that no interest will be paid thereon. 51 § 21. Paragraph 39-a of subsection (b) and paragraph 40 of subsection 52 (c) of section 612 of the tax law, paragraph 39-a of subsection (b) asS. 4008 77 A. 3008 1 added by section 5-a of part T of chapter 59 of the laws of 2014 and 2 paragraph 40 of subsection (c) as added by section 10 of part A of chap- 3 ter 68 of the laws of 2013, are amended to read as follows: 4 (39-a) The amount of any federal deduction for the excise tax on tele- 5 communication services to the extent such taxes are used as the basis of 6 the calculation of [tax-free NY area] EPIC zone excise tax on telecommu- 7 nication services credit allowed under subsection (yy) of section six 8 hundred six of this article. 9 (40) Any wages received by an individual as an employee of a business 10 located within [a tax-free NY area] an EPIC zone during the first five 11 years of such business's ten year taxable period specified in subdivi- 12 sion (a) of section thirty-nine of this chapter, to the extent included 13 in federal adjusted gross income and allowed under section thirty-nine 14 of this chapter. During the second five years of such business's ten 15 year taxable period, the first two hundred thousand dollars of such 16 wages in the case of a taxpayer filing as a single individual, the first 17 two hundred fifty thousand dollars of such wages in the case of a 18 taxpayer filing as a head of household, and three hundred thousand 19 dollars of such wages in the case of a taxpayer filing a joint return, 20 to the extent included in federal adjusted gross income and allowed 21 under section thirty-nine of this chapter. 22 § 22. Subparagraph 20-a of paragraph (b) of subdivision 9 of section 23 208 of the tax law, as amended by section 4 of part A of chapter 59 of 24 the laws of 2014, is amended to read as follows: 25 (20-a) The amount of any federal deduction for the excise tax on tele- 26 communication services to the extent such taxes are used as the basis of 27 the calculation of the [tax-free NY area] EPIC zone excise tax on tele- 28 communication services credit allowed under subdivision forty-four of 29 section two hundred ten-B of this article. 30 § 23. Subdivision (b) of section 803 of the tax law, as added by 31 section 11 of part A of chapter 68 of the laws of 2013, is amended to 32 read as follows: 33 (b) If [a tax-free NY area] an EPIC zone approved pursuant to the 34 provisions of article twenty-one of the economic development law is 35 located within the MCTD, the payroll expense in such [tax-free NY area] 36 EPIC zone of any employer that is located in such area and accepted into 37 the [START-UP NY] EPIC program shall be exempt from the tax imposed 38 under this article. In addition, the net earnings from self-employment 39 of an individual from a business in such [tax-free NY area] EPIC zone 40 that is accepted into the [START-UP NY] EPIC program shall be exempt 41 from the tax imposed under this article. 42 § 24. Subdivisions 41 and 44 of section 210-B of the tax law, subdivi- 43 sion 41 as amended by section 40, and subdivision 44 as amended by 44 section 41 of part T of chapter 59 of the laws of 2015, are amended to 45 read as follows: 46 41. The [tax-free NY area] EPIC zone tax elimination credit. A taxpay- 47 er shall be allowed a credit to be computed as provided in section forty 48 of this chapter, against the tax imposed by this article. Unless the 49 taxpayer has [a tax-free NY area] an EPIC zone allocation factor of one 50 hundred percent, the credit allowed under this subdivision for any taxa- 51 ble year shall not reduce the tax due for such year to less than the 52 amount prescribed in paragraph (d) of subdivision one of section two 53 hundred ten of this article. However, if the amount of the credit allow- 54 able under this subdivision for any taxable year reduces the tax to such 55 amount or if the taxpayer otherwise pays tax based on the fixed dollar 56 minimum amount, any amount of credit not deductible in such taxable yearS. 4008 78 A. 3008 1 shall be treated as an overpayment of tax to be credited or refunded in 2 accordance with the provisions of section one thousand eighty-six of 3 this chapter. Provided, however, the provisions of subsection (c) of 4 section one thousand eighty-eight of this chapter notwithstanding, no 5 interest shall be paid thereon. 6 44. The [tax-free NY area] EPIC zone excise tax on telecommunication 7 services credit. A taxpayer that is a business or owner of a business 8 that is located in [a tax-free NY area] an EPIC zone approved pursuant 9 to article twenty-one of the economic development law shall be allowed a 10 credit equal to the excise tax on telecommunication services imposed by 11 section one hundred eighty-six-e of this chapter and passed through to 12 such business during the taxable year to the extent not otherwise 13 deducted in computing entire net income under this article. However, 14 except as otherwise provided for in this subdivision, if the amount of 15 the credit allowable under this subdivision for any taxable year reduces 16 the tax to the amount prescribed in paragraph (d) of subdivision one of 17 section two hundred ten of this chapter or if the taxpayer otherwise 18 pays tax based on the fixed dollar minimum amount, any amount of credit 19 not deductible in such taxable year shall be treated as an overpayment 20 of tax to be credited or refunded in accordance with the provisions of 21 section one thousand eighty-six of this chapter. This credit may be 22 claimed only where any tax imposed by such section one hundred eighty- 23 six-e has been separately stated on a bill from the provider of telecom- 24 munication services and paid by such business with respect to such 25 services rendered within [a tax-free NY area] an EPIC zone during the 26 taxable year. Unless the taxpayer has [a tax-free NY area] an EPIC zone 27 allocation factor of one hundred percent, the credit allowed under this 28 subdivision for any taxable year shall not reduce the tax due for such 29 year to less than the amount prescribed in paragraph (d) of subdivision 30 one of section two hundred ten of this chapter. Provided, however, the 31 provisions of subsection (c) of section one thousand eighty-eight of 32 this chapter notwithstanding, no interest shall be paid thereon. 33 § 25. Paragraphs 1 and 2 of subdivision (d) of section 1119 of the tax 34 law, as amended by section 12 of part A of chapter 68 of the laws of 35 2013, are amended to read as follows: 36 (1) Subject to the conditions and limitations provided for in this 37 section, a refund or credit will be allowed for taxes imposed on the 38 retail sale of tangible personal property described in subdivision (a) 39 of section eleven hundred five of this article, and on every sale of 40 services described in subdivisions (b) and (c) of such section, and 41 consideration given or contracted to be given for, or for the use of, 42 such tangible personal property or services, where such tangible 43 personal property or services are sold to a qualified empire zone enter- 44 prise or to a qualified entity that is also a tenant in or part of a New 45 York state innovation hot spot as provided in section thirty-eight of 46 this chapter or to a business located in [a tax-free NY area] an EPIC 47 zone approved pursuant to article twenty-one of the economic development 48 law, provided that (A) such tangible personal property or tangible 49 personal property upon which such a service has been performed or such 50 service (other than a service described in subdivision (b) of section 51 eleven hundred five of this article) is directly and predominantly, or 52 such a service described in clause (A) or (D) of paragraph one of such 53 subdivision (b) of section eleven hundred five of this article is 54 directly and exclusively, used or consumed by (i) such qualified empire 55 zone enterprise in an area designated as an empire zone pursuant to 56 article eighteen-B of the general municipal law with respect to whichS. 4008 79 A. 3008 1 such enterprise is certified pursuant to such article eighteen-B, or 2 (ii) such qualified entity at its location in or as part of a New York 3 state innovation hot spot, or (iii) such business at its location in 4 such [tax-free NY area] EPIC zone, or (B) such a service described in 5 clause (B) or (C) of paragraph one of subdivision (b) of section eleven 6 hundred five of this article is delivered and billed to (i) such enter- 7 prise at an address in such empire zone or (ii) such qualified entity at 8 its location in or as part of the New York state innovation hot spot, or 9 (iii) such business at its location in such [tax-free NY area] EPIC 10 zone, or (C) the enterprise's place of primary use of the service 11 described in paragraph two of such subdivision (b) of section eleven 12 hundred five is at an address in such empire zone or at its location in 13 or as part of a New York state innovation hot spot, or at its location 14 in such [tax-free NY area] EPIC zone; provided, further, that, in order 15 for a motor vehicle, as defined in subdivision (c) of section eleven 16 hundred seventeen of this article, or tangible personal property related 17 to such a motor vehicle to be found to be used predominantly in such a 18 zone, at least fifty percent of such motor vehicle's use shall be exclu- 19 sively within such zone or at least fifty percent of such motor vehi- 20 cle's use shall be in activities originating or terminating in such 21 zone, or both; and either or both such usages shall be computed either 22 on the basis of mileage or hours of use, at the discretion of such 23 enterprise. For purposes of this subdivision, tangible personal property 24 related to such a motor vehicle shall include a battery, diesel motor 25 fuel, an engine, engine components, motor fuel, a muffler, tires and 26 similar tangible personal property used in or on such a motor vehicle. 27 (2) Subject to the conditions and limitations provided for in this 28 section, a refund or credit will be allowed for taxes imposed on the 29 retail sale of, and consideration given or contracted to be given for, 30 or for the use of, tangible personal property sold to a contractor, 31 subcontractor or repairman for use in (A) erecting a structure or build- 32 ing of a qualified empire zone enterprise or a business located in [a33tax-free NY area] an EPIC zone approved pursuant to article twenty-one 34 of the economic development law, (B) adding to, altering or improving 35 real property, property or land of such an enterprise or such business, 36 or (C) maintaining, servicing or repairing real property, property or 37 land of such an enterprise or of such business, as the terms real prop- 38 erty, property or land are defined in the real property tax law; 39 provided, however, no credit or refund will be allowed under this para- 40 graph unless such tangible personal property is to become an integral 41 component part of such structure, building, real property, property or 42 land located in an area designated as an empire zone pursuant to article 43 eighteen-B of the general municipal law in, and with respect to which 44 such enterprise is certified pursuant to such article eighteen-B, or in 45 an area approved as [a tax-free NY area] an EPIC zone pursuant to arti- 46 cle twenty-one of the economic development law where such business is 47 located. 48 § 26. Subsection (d) of section 1340 of the tax law, as added by 49 section 16 of part A of chapter 68 of the laws of 2013, is amended to 50 read as follows: 51 (d) Any wages received by an individual as an employee of a business 52 located in [a tax-free NY area] an EPIC zone within the city during the 53 first five years of such business's ten year taxable period specified in 54 subdivision (a) of section thirty-nine of this chapter and earned at 55 such location shall be exempt from the tax authorized to be imposed by 56 this article to the extent included in federal adjusted gross income andS. 4008 80 A. 3008 1 allowed under section thirty-nine of this chapter. During the second 2 five years of such business's ten year taxable period, the first two 3 hundred thousand dollars of such wages in the case of a taxpayer filing 4 as a single individual, the first two hundred fifty thousand dollars of 5 such wages in the case of a taxpayer filing as a head of household, and 6 three hundred thousand dollars of such wages in the case of a taxpayer 7 filing a joint return, to the extent included in federal adjusted gross 8 income and allowed under section thirty-nine of this chapter. 9 § 27. Paragraph 11 of subdivision (b) of section 1405 of the tax law, 10 as added by section 13 of part A of chapter 68 of the laws of 2013, is 11 amended to read as follows: 12 11. Conveyances of real property located in [tax-free NY areas] EPIC 13 zones approved pursuant to article twenty-one of the economic develop- 14 ment law to businesses located in such areas that are participating in 15 the [START-UP NY] EPIC program pursuant to such article twenty-one. 16 § 28. Paragraph (c) of subdivision 2 of section 770 of the labor law, 17 as added by section 1 of subpart R of part XX of chapter 55 of the laws 18 of 2020, is amended to read as follows: 19 (c) The term "tax credit" means any of the following tax credits 20 allowed under the tax law: recovery tax credit, [tax-free New York area] 21 EPIC zone tax elimination credit, minimum wage reimbursement credit, 22 empire state jobs retention program credit, economic transformation and 23 facility redevelopment program tax credit, excelsior jobs program cred- 24 it, employee training incentive program tax credit, empire state appren- 25 ticeship program tax credit, and employment incentive tax credit. 26 § 29. Paragraph 36 of subdivision (c) of section 11-1712 of the admin- 27 istrative code of the city of New York, as added by section 15 of part A 28 of chapter 68 of the laws of 2013, is amended to read as follows: 29 (36) Any wages received by an individual as an employee of a business 30 located within [a tax-free NY area] an EPIC zone during the first five 31 years of such business's ten year taxable period specified in subdivi- 32 sion (a) of section thirty-nine of the tax law to the extent included in 33 federal adjusted gross income and allowed under section thirty-nine of 34 the tax law. During the second five years of such business's ten year 35 taxable period, the first two hundred thousand dollars of such wages in 36 the case of a taxpayer filing as a single individual, the first two 37 hundred fifty thousand dollars of such wages in the case of a taxpayer 38 filing as a head of household, and three hundred thousand dollars of 39 such wages in the case of a taxpayer filing a joint return, to the 40 extent included in federal adjusted gross income and allowed under 41 section thirty-nine of the tax law. 42 § 30. This act shall take effect on the thirtieth day after it shall 43 have become a law; provided, however, that the amendments to paragraph a 44 of subdivision 2 of section 355 of the education law made by section 45 fourteen of this act shall not affect the expiration and reversion of 46 such paragraph and shall be deemed to expire therewith. 47 PART DD 48 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 49 the New York state urban development corporation act, is amended by 50 adding a new section 52-a to read as follows: 51 § 52-a. Small business innovation research and small business technol- 52 ogy transfer grant program. 1. The corporation, in consultation with the 53 division for small business, shall establish a matching grant program to 54 provide contingent matching fund commitments and funds to small busi-S. 4008 81 A. 3008 1 nesses who have been awarded phase one or phase two grants under the 2 federal small business innovation research program or the federal small 3 business technology transfer program. Such grants shall be awarded based 4 on a company's potential for commercialization and job growth. Companies 5 applying to the federal programs named herein shall have an opportunity 6 to apply to the corporation for a commitment letter that may be included 7 in their application to the small business innovation research program 8 or the small business technology transfer program, demonstrating contin- 9 gent state support, and therefore increasing their likelihood of receiv- 10 ing federal funding. State matching grants shall be provided to small 11 businesses that are selected for award through these federal programs. 12 As used in this section, "small business" shall have the same meaning as 13 provided for in section one hundred thirty-one of the economic develop- 14 ment law. 15 2. Such funds awarded pursuant to this section shall be used to expe- 16 dite commercialization, including but not necessarily limited to patents 17 and marketing studies in sales efforts. A small business may apply for 18 multiple matching fund grants, but shall only receive one award through 19 this program each calendar year. 20 3. The corporation, in consultation with the division for small busi- 21 ness, shall establish the form and manner in which applications for 22 grant awards shall be submitted and shall establish guidelines for the 23 grant program. The corporation shall review each application for compli- 24 ance with the eligibility criteria and other requirements set forth in 25 the program guidelines established by the corporation. The corporation 26 may approve or reject each application or may return an application for 27 modifications, if necessary. 28 4. The corporation, beginning on June first, two thousand twenty-four, 29 and annually thereafter, provided program funds remain, shall submit a 30 report to the governor, the temporary president of the senate, and the 31 speaker of the assembly. Such annual report shall include, but need not 32 be limited to: the number of applicants by stage; the number of appli- 33 cants approved to receive grants; the total amount of grants awarded and 34 the average amount of such grants awarded; and such other information as 35 the department of economic development determines necessary and appro- 36 priate. Such report shall be included on the department of economic 37 development's website and any other publicly accessible state databases 38 that list economic development programs, as determined by the corpo- 39 ration. 40 § 2. This act shall take effect immediately. 41 PART EE 42 Section 1. Paragraph (a) of subdivision 1 of section 1977-a of the 43 public authorities law, as amended by chapter 241 of the laws of 1995, 44 is amended to read as follows: 45 (a) For the purpose of financing project costs for the project for the 46 Battery Park project area other than the financing of loans, advances 47 and mortgage loans to housing companies organized to provide housing 48 within the Battery Park project area, the authority may issue bonds and 49 notes in an aggregate principal amount at any one time outstanding not 50 exceeding [three] five hundred million dollars, excluding bonds and 51 notes issued to refund outstanding bonds and notes. 52 § 2. Paragraph (f) of subdivision 1 of section 1977-a of the public 53 authorities law, as added by chapter 628 of the laws of 2019, is amended 54 to read as follows:S. 4008 82 A. 3008 1 (f) Additional authorizations. For the purpose of financing capital 2 costs in connection with a program of infrastructure construction, 3 improvements and other capital expenditures for the project area, the 4 authority may, in addition to the authorizations contained elsewhere in 5 this title, borrow money by issuing bonds and notes in an aggregate 6 principal amount not exceeding one billion five hundred million dollars, 7 plus a principal amount of bonds or notes issued (i) to fund any related 8 debt service reserve fund, (ii) to provide capitalized interest, and 9 (iii) to provide for fees and other charges and expenses including any 10 underwriters' discounts, related to the issuance of such bonds or notes, 11 all as determined by the authority, excluding bonds and notes issued to 12 refund outstanding bonds and notes issued pursuant to this section. 13 § 3. This act shall take effect immediately. 14 PART FF 15 Section 1. Section 217 of the state finance law, as amended by section 16 1 of part H of chapter 60 of the laws of 2011, is amended to read as 17 follows: 18 § 217. Linked loans. Linked loans shall be made by lenders pursuant to 19 the program only to eligible businesses in connection with eligible 20 projects. A linked loan shall be limited to a maximum amount of [two] 21 six million dollars. An eligible business may receive more than one 22 linked loan. During the life of the linked loan program, the total 23 amount of money that a business can borrow from the linked program is 24 [two] six million dollars. The credit decision for making a linked loan 25 shall be made solely by the lender. Notwithstanding the length of the 26 term of a linked loan, the linked deposit relating to the linked loan 27 shall be for a period of not more than four years. 28 § 2. The act shall take effect immediately. 29 PART GG 30 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 31 New York state urban development corporation act, relating to the powers 32 of the New York state urban development corporation to make loans, as 33 amended by section 1 of part Y of chapter 58 of the laws of 2022, is 34 amended to read as follows: 35 § 2. This act shall take effect immediately provided, however, that 36 section one of this act shall expire on July 1, [2023] 2028, at which 37 time the provisions of subdivision 26 of section 5 of the New York state 38 urban development corporation act shall be deemed repealed; provided, 39 however, that neither the expiration nor the repeal of such subdivision 40 as provided for herein shall be deemed to affect or impair in any manner 41 any loan made pursuant to the authority of such subdivision prior to 42 such expiration and repeal. 43 § 2. This act shall take effect immediately. 44 PART HH 45 Section 1. The opening paragraph of paragraph (a) and paragraph (b) 46 of subdivision 2-a of section 314 of the executive law, as amended by 47 chapter 96 of the laws of 2019, is amended to read as follows: 48 The director shall establish a procedure [enabling] requiring the 49 office to accept New York municipal corporation certification verifica- 50 tion for minority and women-owned business enterprise applicants in lieuS. 4008 83 A. 3008 1 of requiring the applicant to complete the state certification process. 2 [The] In order to implement such procedure, the office and all New York 3 municipal corporations that have a municipal minority and women-owned 4 business enterprise program shall enter into a memorandum of understand- 5 ing regarding such acceptance of certification verification and the 6 director shall promulgate rules and regulations to set forth criteria 7 for the acceptance of municipal corporation certification. [All eligible8municipal corporation certifications shall require business enterprises9seeking certification to meet the following standards:] Notwithstanding 10 the foregoing, an applicant certified pursuant to this section must meet 11 the definition of a minority-owned business enterprise or women-owned 12 business enterprise set forth in section three hundred ten of this arti- 13 cle. 14 (b) [The director shall work with all] All New York municipal corpo- 15 rations that have a municipal minority and women-owned business enter- 16 prise program [to] shall develop [standards] rules and regulations in 17 order to accept state certification [to meet the municipal corporation18minority and women-owned business enterprise certification standards]. 19 § 2. Clauses (i), (ii), (iii), (iv), (v), (vi) and (vii) of paragraph 20 (a) of subdivision 2-a of section 314 of the executive law are REPEALED. 21 § 3. Subdivision 6 of section 163 of the state finance law, as sepa- 22 rately amended by section 28 of part PP of chapter 56 and chapter 572 of 23 the laws of 2022, is amended to read as follows: 24 6. Discretionary buying thresholds. Pursuant to guidelines established 25 by the state procurement council: the commissioner may purchase services 26 and commodities for the office of general services or its customer agen- 27 cies serviced by the office of general services business services center 28 in an amount not exceeding eighty-five thousand dollars without a formal 29 competitive process; state agencies may purchase services and commod- 30 ities in an amount not exceeding fifty thousand dollars without a formal 31 competitive process; and state agencies may purchase commodities or 32 services from small business concerns [or those certified pursuant to33article fifteen-A of the executive law and article three of the veter-34ans' services law], or commodities or technology that are recycled or 35 remanufactured in an amount not exceeding five hundred thousand dollars 36 without a formal competitive process and state agencies may purchase 37 commodities or services from those certified pursuant to article 38 fifteen-A of the executive law and article three of the veterans' 39 services law in an amount not exceeding one million five hundred thou- 40 sand dollars without a formal competitive process and for commodities 41 that are food, including milk and milk products, or animal or plant 42 fiber products, grown, produced, harvested, or processed in New York 43 state or textile products manufactured from animal or plant fiber grown 44 or produced predominantly in New York state in an amount not to exceed 45 two hundred thousand dollars, without a formal competitive process. 46 § 4. Paragraph 1 of subdivision i of section 311 of the New York city 47 charter, as amended by chapter 569 of the laws of 2022, is amended to 48 read as follows: 49 1. agencies may make procurements of goods, services and construction 50 for amounts not exceeding one million five hundred thousand dollars from 51 businesses certified as minority or women-owned business enterprises 52 pursuant to section thirteen hundred four of the charter without a 53 formal competitive process. 54 § 5. This act shall take effect immediately; provided however that 55 sections one and two of this act shall take effect on the three hundred 56 sixty-fifth day after it shall have become a law; provided, further,S. 4008 84 A. 3008 1 that if section 28 of part PP of chapter 56 of the laws of 2022 shall 2 not have taken effect on or before such date then section three of this 3 act shall take effect on the same date and in the same manner as such 4 chapter of the laws of 2022 takes effect; provided, further, that the 5 amendments to subdivision 2-a of section 314 of the executive law made 6 by sections one and two of this act shall not affect the repeal of such 7 section and shall be deemed repealed therewith; provided, further, that 8 the amendments to section 163 of the state finance law made by section 9 three of this act shall not affect the repeal of such section and shall 10 be deemed repealed therewith. 11 PART II 12 Section 1. Subdivision (a) of section 2 of chapter 749 of the laws of 13 2019, constituting the New York city public works investment act, is 14 relettered (a-1) and a new subdivision (a) is added to read as follows: 15 (a) "Alternative project delivery contract" shall mean any project 16 delivery method authorized by this act, including construction manager 17 build, construction manager at risk, and design-build, pursuant to which 18 one or more contracts for the provision of design or construction 19 management and construction services are awarded pursuant to an open and 20 competitive method of procurement. 21 § 2. Paragraph 14 of subdivision (b) of section 2 of chapter 749 of 22 the laws of 2019, constituting the New York city public works investment 23 act, is amended to read as follows: 24 (14) A quantitative factor to be used in evaluation of bids or offers 25 for awarding of contracts for bidders or offerers that are certified as 26 minority- or women-owned business enterprises pursuant to article 15-A 27 of the executive law, and certified pursuant to local law as minority- 28 or women-owned business enterprises, or for bidders or offerers that are 29 joint ventures that include at least one such certified firm. Where an 30 agency identifies a quantitative factor pursuant to this paragraph, the 31 agency must specify that businesses certified as minority- or women- 32 owned business enterprises pursuant to article 15-A of the executive law 33 as well as those certified as minority- or women-owned business enter- 34 prises or pursuant to section 1304 of the New York city charter, or 35 joint ventures including at least one such certified firm, are eligible 36 to qualify for such factor. Nothing in this paragraph shall be construed 37 as a requirement that such businesses be concurrently certified as 38 minority- or women-owned business enterprises under both article 15-A of 39 the executive law and section 1304 of the New York city charter to qual- 40 ify for such quantitative factors. In addition, where the New York city 41 school construction authority acts as the authorized entity, businesses 42 certified as minority- or women-owned business enterprises pursuant to 43 section 1743 of the public authorities law shall be eligible to qualify 44 for such factor. 45 § 3. Section 2 of chapter 749 of the laws of 2019, constituting the 46 New York city public works investment act, is amended by adding two new 47 subdivisions (b-1) and (b-2) to read as follows: 48 (b-1) "Construction manager at risk" shall mean a project delivery 49 method whereby a construction manager: 50 (1) serves as part of a team in conjunction with the owner in the 51 design phase of the project; 52 (2) during the construction phase, acts as general contractor for 53 agreed upon compensation as set forth in the construction manager at 54 risk agreement; andS. 4008 85 A. 3008 1 (3) assumes the risk of construction costs exceeding an amount speci- 2 fied in the construction manager at risk agreement. 3 (b-2) "Construction manager build" shall mean a project delivery meth- 4 od whereby a construction manager: 5 (1) serves as part of a team in conjunction with the owner in the 6 design phase of the project; 7 (2) under the oversight of the owner, acts as the single source of 8 responsibility to bid, select and hold construction contracts on behalf 9 of the owner during the construction phase; and 10 (3) manages the construction project on behalf of the owner. 11 § 4. Sections 3, 4, 5 and 6 of chapter 749 of the laws of 2019, 12 constituting the New York city public works investment act, are amended 13 to read as follows: 14 § 3. Any contract for a public work undertaken pursuant to a project 15 labor agreement in accordance with section 222 of the labor law may be 16 [a design-build] an alternative project delivery contract in accordance 17 with this act. 18 § 4. Notwithstanding any general, special or local law, rule or regu- 19 lation to the contrary, including but not limited to section 7210 of the 20 education law, article 5-A of the general municipal law, article 8 of 21 the public housing law, sections 1734 and 1735 of the public authori- 22 ties law and section 8 of the New York city health and hospitals corpo- 23 ration act, and in conformity with the requirements of this act, for any 24 public work that has an estimated cost of not less than 10 million 25 dollars and is undertaken pursuant to a project labor agreement in 26 accordance with section 222 of the labor law, an authorized entity 27 charged with awarding a contract for public work may use [the] an alter- 28 native project delivery [method referred to as design-build contracts] 29 contract. Provided, however, that any authorized entity charged with 30 awarding a contract for public work in connection with property within 31 the jurisdiction of the New York city department of parks and recreation 32 or the New York city housing authority is authorized to use [the] an 33 alternative project delivery [method referred to as design-build34contracts] contract for any such public work that has an estimated cost 35 of not less than one million two hundred thousand dollars if such public 36 work is otherwise in conformity with the requirements of this act. 37 Provided further that any authorized entity may use [the] an alternative 38 project delivery [method referred to as design-build contracts] contract 39 for any public work that has an estimated cost of not less than one 40 million two hundred thousand dollars if such public work is otherwise in 41 conformity with the requirements of this act and primarily consists of: 42 pedestrian ramps and similar infrastructure to improve access to side- 43 walks in the city of New York for people with disabilities; renovation 44 and construction of cultural institutions located on publicly owned real 45 property and of public libraries in the city of New York; an energy 46 efficiency, clean energy generation, or energy storage project; or secu- 47 rity infrastructure, including bollards, planters and other physical 48 structures, designed to protect life and property from acts of terror or 49 mass violence. 50 (a) A contractor selected by such an authorized entity to enter into 51 [a design-build] an alternative project delivery contract [shall] may be 52 selected [through a two-step method,] as follows: 53 (1) Step one. Generation of a list of responding entities that have 54 demonstrated the general capability to perform the [design-build] alter- 55 native project delivery contract. Such list shall consist of a specified 56 number of responding entities, as determined by an authorized entity,S. 4008 86 A. 3008 1 and shall be generated based upon the authorized entity's review of 2 responses to a publicly advertised request for qualifications. The 3 authorized entity's request for qualifications shall include a general 4 description of the public work, the maximum number of responding enti- 5 ties to be included on the list, the selection criteria to be used and 6 the relative weight of each criteria in generating the list. Such 7 selection criteria shall include the qualifications and experience of 8 the [design and construction] entity or team of entities, organization, 9 demonstrated responsibility, ability of the entity or team of entities 10 or of a member or members of the entity or team of entities to comply 11 with applicable requirements, including the provisions of articles 145, 12 147 and 148 of the education law, past record of compliance with the 13 labor law, and such other qualifications the authorized entity deems 14 appropriate, which may include but are not limited to project under- 15 standing, financial capability and record of past performance. The 16 authorized entity shall evaluate and rate all responding entities to the 17 request for qualifications. Based upon such ratings, the authorized 18 entity shall list the responding entities that shall receive a request 19 for proposals in accordance with paragraph [two] 2 of this subdivision. 20 To the extent consistent with applicable federal law, the authorized 21 entity shall consider, when awarding any contract pursuant to this 22 section, the participation of (i) responding entities that are certified 23 as minority- or women-owned business enterprises pursuant to article 24 15-A of the executive law, or certified pursuant to local law as minori- 25 ty- or women-owned business enterprises, or, where the New York city 26 school construction authority acts as the authorized entity, certified 27 pursuant to section 1743 of the public authorities law; and (ii) small 28 business concerns identified pursuant to subdivision (b) of section 29 139-g of the state finance law. Notwithstanding any other provision of 30 this paragraph, if an authorized entity determines in writing that it is 31 in the best interest of the authorized entity to solicit proposals with- 32 out generating a list pursuant to the process set forth in this para- 33 graph, the authorized entity may instead release a public solicitation 34 pursuant to the procedure set forth in paragraph 2 of this subdivision. 35 In addition, nothing in this section shall be deemed to supersede any 36 pre-qualification guidelines or requirements otherwise authorized by law 37 for an authorized entity. 38 (2) Step two. [Selection] The second step shall be the selection of 39 the proposal which is the best value to the authorized entity, provided 40 that is a list has not been generated pursuant to paragraph 1 of this 41 subdivision, the authorized entity shall not be required to consider 42 cost or price criteria in selecting the proposal. The authorized entity 43 shall issue a request for proposals to the responding entities, which 44 shall be the listed entities pursuant to paragraph [one] 1 of this 45 subdivision if such a list has been generated pursuant to such 46 paragraph. If such a responding entity consists of a team of separate 47 entities, the entities that comprise such a team must remain unchanged 48 from the responding entity as listed pursuant to paragraph [one] 1 of 49 this subdivision, as applicable, unless otherwise approved by the 50 authorized entity. The request for proposals shall set forth the public 51 work's scope of work, and other requirements, as determined by the 52 authorized entity, which may include separate goals for work under the 53 contract to be performed by businesses certified as minority- or women- 54 owned business enterprises pursuant to article 15-A of the executive law 55 or section 1743 of the public authorities law, or certified pursuant to 56 local law as minority- or women-owned business enterprises. The requestS. 4008 87 A. 3008 1 for proposals shall also specify the criteria to be used to evaluate the 2 responses and the relative weight of each of such criteria. Such crite- 3 ria shall include [the proposal's cost,] the quality of the proposal's 4 solution, the qualifications and experience of the proposer, if a list 5 has been generated pursuant to paragraph 1 of this subdivision, the 6 proposal's cost, which may include factors that may be considered indi- 7 vidually or in the aggregate, such as the proposed cost of design phase 8 work, the proposed cost of construction phase work, or cost factors 9 relating to construction phase work, as applicable, and other factors 10 deemed pertinent by the authorized entity, which may include, but shall 11 not be limited to, the proposal's manner and schedule of project imple- 12 mentation, the proposer's ability to complete the work in a timely and 13 satisfactory manner, maintenance costs of the completed public work, 14 maintenance of traffic approach, and community impact. The authorized 15 entity may engage in negotiations or other discussions with all quali- 16 fied proposers that have expressed interest, provided that the author- 17 ized entity maintains a written record of the conduct of negotiations or 18 discussions and the basis for every determination to continue or suspend 19 negotiations, and further provided that if the authorized entity deter- 20 mines for a particular contract or for a particular type of contract 21 that it is in the authorized entity's best interest to negotiate or 22 enter into discussions with fewer proposers, it may make such a determi- 23 nation in writing. If the authorized entity enters into such negoti- 24 ations, the authorized entity shall allow all proposers to revise their 25 proposals upon conclusion of negotiations, and the authorized entity 26 shall evaluate the proposers' revised proposals using the criteria 27 included in the request for proposals. Any contract awarded pursuant to 28 this act shall be awarded to a responsive and responsible proposer, 29 which, in consideration of these and other specified criteria deemed 30 pertinent, offers the best value, as determined by the authorized 31 entity, omitting the consideration of cost or price criteria where 32 authorized by this subdivision. The request for proposals shall include 33 a statement that proposers shall designate in writing those portions of 34 the proposal that contain trade secrets or other proprietary information 35 that are to remain confidential[;], so that the material designated as 36 confidential shall be readily separable from the proposal. Nothing in 37 this subdivision shall be construed to prohibit the authorized entity 38 from negotiating final contract terms and conditions including cost. All 39 proposals submitted shall be scored according to the criteria listed in 40 the request for proposals and such final scores shall be published on 41 the authorized entity's website after registration of such contract or 42 the date upon which such contract may be implemented, if registration 43 requirements do not apply. 44 (b) An authorized entity awarding [a design-build] an alternative 45 project delivery contract to a contractor [offering the best value] in 46 accordance with this act may but shall not be required to use the 47 following types of contracts: 48 (1) A cost-plus not to exceed guaranteed maximum price form of 49 contract in which the authorized entity shall be entitled to monitor and 50 audit all costs. In establishing the schedule and process for determin- 51 ing a guaranteed maximum price, the contract between the authorized 52 entity and the contractor shall[: (i) Describe] include terms specify- 53 ing the price for the design phase of the work, the scope of the work 54 and any applicable cost factors relating to construction phase work that 55 were included in the contractor's proposal. A fair and reasonable guar- 56 anteed maximum price for the construction phase of the work, or portionsS. 4008 88 A. 3008 1 of the construction phase of the work, may be agreed to as one or more 2 amendments to such contract based on developments in the design of the 3 project that occur after such contract is executed. Each guaranteed 4 maximum price amendment shall: 5 (i) Describe the scope of the portion of the construction phase work 6 subject to the amendment, the cost of performing such work, and the 7 maximum costs of any contingencies related to such work, 8 (ii) Include a detailed line item cost breakdown, 9 (iii) Include a list of all drawings, specifications and other infor- 10 mation on which the guaranteed maximum price is based, 11 (iv) Include the dates of substantial and final completion on which 12 the guaranteed maximum price is based, as applicable, and 13 (v) Include a schedule of unit prices[; or]. 14 The authorized entity shall maintain a written record of each guaran- 15 teed maximum price amendment, which shall include a summary of the nego- 16 tiation process and a description of the relevant developments in the 17 design of the project, independent cost estimates prepared by or on 18 behalf of the authorized entity, as required pursuant to a policy estab- 19 lished by the authorized entity, the contractor's actual cost schedules 20 and unit prices, and any other factors that the authorized entity 21 considered. If the authorized entity and the contractor cannot agree 22 upon a guaranteed maximum price for one or more portions of construction 23 phase work, the authorized entity may direct the contractor to assign 24 all or a portion of the duties and rights under such alternative project 25 delivery contract to another responsive and responsible proposer pursu- 26 ant to paragraph 2 of subdivision (a) of this section that offered the 27 best value of the remaining proposers and that will agree to accept such 28 an assignment. This paragraph shall not be deemed to prohibit the use of 29 any contract terms or procedures pursuant to any other provision of law, 30 including but not limited to provisions included in this act; 31 (2) A lump sum contract in which the contractor agrees to accept a set 32 dollar amount for a contract which comprises a single bid without 33 providing a cost breakdown for all costs such as for equipment, labor, 34 materials, as well as such contractor's profit for completing all items 35 of work comprising the public work[.]; 36 (3) Incentive payments identified in the text of the contract for 37 performance objectives; or 38 (4) a combination of elements of the contract types listed herein. 39 § 5. [Any contract] All alternative project delivery contracts entered 40 into pursuant to this act shall include a clause requiring that any 41 professional services regulated by articles 145, 147 and 148 of the 42 education law shall be performed and stamped and sealed, where appropri- 43 ate, by a professional licensed in accordance with the appropriate arti- 44 cle. 45 § 6. Construction with respect to each contract entered into by an 46 authorized entity pursuant to this act shall be deemed a "public work" 47 to be performed in accordance with the provisions of article 8 of the 48 labor law, as well as subject to sections 200, 240, 241 and 242 of such 49 law and enforcement of prevailing wage requirements pursuant to applica- 50 ble law or, for projects or public works receiving federal aid, applica- 51 ble federal requirements for prevailing wage. Any contract entered into 52 pursuant to this act shall include a clause requiring the selected 53 [design builder] entity or team of entities to obligate every tier of 54 contractor working on the public work to comply with the project labor 55 agreement referenced in section three of this act, and shall includeS. 4008 89 A. 3008 1 project labor agreement compliance monitoring and enforcement provisions 2 consistent with the applicable project labor agreement. 3 § 5. Subdivisions (c) and (d) of section 9 of chapter 749 of the laws 4 of 2019, constituting the New York city public works investment act, are 5 amended to read as follows: 6 (c) Employees of authorized entities using [design-build] alternative 7 project delivery contracts serving in positions in newly created titles 8 shall be assigned to the appropriate bargaining unit. Nothing contained 9 in this act shall be construed to affect (1) the existing rights of 10 employees of such entities pursuant to an existing collective bargaining 11 agreement, (2) the existing representational relationships among employ- 12 ee organizations representing employees of such entities, or (3) the 13 bargaining relationships between such entities and such employee organ- 14 izations. 15 (d) Without limiting contractors' obligations under [design-build] 16 alternative project delivery contracts to issue their own initial 17 certifications of substantial completion and final completion, public 18 employees of authorized entities shall review and determine whether the 19 work performed by contractors is acceptable and has been performed in 20 accordance with the applicable [design-build] alternative project deliv- 21 ery contracts, and if such public employees so determine, such public 22 employees shall accept contractors' substantial or final completion of 23 the public works as applicable. Performance by authorized entities of 24 any review described in this subdivision shall not be construed to modi- 25 fy or limit contractors' obligations to perform the work in strict 26 accordance with the applicable [design-build] alternative project deliv- 27 ery contracts or the contractors' or any subcontractors' obligations or 28 liabilities under any law. 29 § 6. Sections 10, 13 and 14 of chapter 749 of the laws of 2019, 30 constituting the New York city public works investment act, section 14 31 as amended by section 4 of part AA of chapter 58 of the laws of 2022, 32 are amended to read as follows: 33 § 10. The submission of a proposal or responses or the execution of a 34 [design-build] alternative project delivery contract pursuant to this 35 act shall not be construed to be a violation of section 6512 of the 36 education law. 37 § 13. A report shall be submitted no later than June 30, 2020 and 38 annually thereafter, to the governor, the temporary president of the 39 senate and the speaker of the assembly by the city of New York on behalf 40 of its agencies, the New York city housing authority, the New York city 41 school construction authority, and the New York city health and hospi- 42 tals corporation containing information regarding each [design-build] 43 alternative project delivery contract procured pursuant to this act. 44 Such report shall include a description of each such [design-build] 45 alternative project delivery contract, information regarding the 46 procurement process for each such [design-build] alternative project 47 delivery contract including the list of responding entities that demon- 48 strated the general capability to perform the [design-build] alternative 49 project delivery contract pursuant to paragraph [(1)] 1 of subdivision 50 (a) of section four of this act, if applicable, the total cost of each 51 [design-build] alternative project delivery contract, an explanation of 52 the estimated savings resulting from the [design-build] alternative 53 project delivery method, and the participation rate of and total dollar 54 value of monies paid to minority- and women-owned business enterprises 55 under such [design-build] alternative project delivery contract.S. 4008 90 A. 3008 1 § 14. This act shall take effect immediately and shall expire and be 2 deemed repealed eight years after such date, provided that, public works 3 with requests for qualifications or requests for proposals issued prior 4 to such repeal shall be permitted to continue under this act notwith- 5 standing such repeal. 6 § 7. This act shall take effect immediately, provided that this act 7 shall not apply to any public work for which a request for proposals was 8 issued prior to the date on which this act takes effect; and provided 9 further, that the amendments to the New York city public works invest- 10 ment act made by sections one, two, three, four, five and six of this 11 act shall not affect the repeal of such chapter and shall be deemed 12 repealed therewith. 13 PART JJ 14 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 15 of the laws of 1968 constituting the New York state urban development 16 corporation act, as amended by section 1 of part Z of chapter 58 of the 17 laws of 2022, is amended to read as follows: 18 3. The provisions of this section shall expire, notwithstanding any 19 inconsistent provision of subdivision 4 of section 469 of chapter 309 of 20 the laws of 1996 or of any other law, on July 1, [2023] 2028. 21 § 2. This act shall take effect immediately. 22 PART KK 23 Section 1. Subparagraphs (A) and (B) of paragraph 2 of subdivision (a) 24 of section 2504 of the insurance law are amended, and a new subparagraph 25 (C) is added to read as follows: 26 (A) a public corporation or public authority created pursuant to 27 agreement or compact with another state, [or] 28 (B) [the city of New York,] a public corporation or public authority, 29 in connection with the construction of electrical generating and trans- 30 mission facilities or construction, extensions and additions of light 31 rail or heavy rail rapid transit and commuter railroads[.], or 32 (C) the city of New York, the city school district of the city of New 33 York, the New York city industrial development agency, the New York city 34 health and hospitals corporation, or the New York city housing authori- 35 ty. 36 § 2. This act shall take effect immediately. 37 PART LL 38 Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 39 amending the public authorities law, relating to authorizing the dormi- 40 tory authority to enter into certain design and construction management 41 agreements, as amended by section 1 of part II of chapter 58 of the laws 42 of 2021, is amended to read as follows: 43 § 2. This act shall take effect immediately and shall expire and be 44 deemed repealed April 1, [2023] 2028. 45 § 2. The dormitory authority of the state of New York shall provide a 46 report providing information regarding any project undertaken pursuant 47 to a design and construction management agreement, as authorized by part 48 BB of chapter 58 of the laws of 2012, between the dormitory authority of 49 the state of New York and the department of environmental conservation 50 and/or the office of parks, recreation and historic preservation to theS. 4008 91 A. 3008 1 governor, the temporary president of the senate and speaker of the 2 assembly. Such report shall include but not be limited to a description 3 of each such project, the project identification number of each such 4 project, if applicable, the projected date of completion, the status of 5 the project, the total cost or projected cost of each such project, and 6 the location, including the names of any county, town, village or city, 7 where each such project is located or proposed. In addition, such a 8 report shall be provided to the aforementioned parties by the first day 9 of March of each year that the authority to enter into such agreements 10 pursuant to part BB of chapter 58 of the laws of 2012 is in effect. 11 § 3. This act shall take effect immediately and shall be deemed to 12 have been in full force and effect on and after April 1, 2023. 13 PART MM 14 Section 1. Subdivision 4-a of section 2222 of the vehicle and traffic 15 law, as amended by chapter 609 of the laws of 2005, is amended to read 16 as follows: 17 4-a. Additional fee. In addition to the other fees provided for in 18 paragraphs (a), (b) and (c) of subdivision four of this section the 19 commissioner shall, upon application in such cases for the registration 20 of a snowmobile or the renewal thereof, collect the annual [ninety] one 21 hundred twenty-five dollar fee for residents and [ninety] one hundred 22 twenty-five dollar fee for nonresidents [and] or a [thirty-five] fifty- 23 five dollar fee for residents and [thirty-five] fifty-five dollar fee 24 for nonresidents who provide proof, at the time of registration, that 25 such individual is a member of an organized New York state snowmobile 26 club that is a member of the New York state snowmobile association or is 27 a member of an organized New York state snowmobile club that is a trail 28 maintenance entity and a member of the New York state snowmobile associ- 29 ation which are imposed by section 21.07 of the parks, recreation and 30 historic preservation law. In the event that an individual seeking snow- 31 mobile club membership is unable, for any reason, to secure such club 32 membership, he or she may contact the New York state snowmobile associ- 33 ation, who shall secure such membership for such person. This fee shall 34 also be collected from dealers at the time of original registration and 35 at the time of each renewal. The commissioner shall effectuate regu- 36 lations regarding what is required as proof of membership in an organ- 37 ized New York state snowmobile club that is a trail maintenance entity 38 and a member of the New York state snowmobile association for the 39 purposes of this subdivision. 40 § 2. Section 21.07 of the parks, recreation and historic preservation 41 law, as amended by chapter 609 of the laws of 2005, is amended to read 42 as follows: 43 § 21.07 Fee for snowmobile trail development and maintenance. 1. A fee 44 of [ninety] one hundred twenty-five dollars is hereby imposed upon the 45 resident, and [ninety] one hundred twenty-five dollars upon the nonresi- 46 dent, owner of a snowmobile for the snowmobile trail development and 47 maintenance fund to be paid to the commissioner of motor vehicles upon 48 the registration thereof in addition to the registration fee required by 49 the vehicle and traffic law, the payment of which fee hereby imposed 50 shall be a condition precedent to such individual resident, individual 51 nonresident or dealer registration. 52 2. Notwithstanding the fee as established in subdivision one of this 53 section, an individual resident or nonresident registering a snowmobile 54 who provides proof at the time of registration, that such individual isS. 4008 92 A. 3008 1 a member of an organized New York state snowmobile club that is a member 2 of the New York state snowmobile association or is a member of an organ- 3 ized New York state snowmobile club that is a trail maintenance entity 4 and a member of the New York state snowmobile association, shall pay 5 [thirty-five] fifty-five dollars for each snowmobile for the snowmobile 6 trail development and maintenance fund in addition to the registration 7 required by the vehicle and traffic law. In the event that an individual 8 seeking snowmobile club membership is unable, for any reason, to secure 9 such club membership, he or she may contact the New York state snowmo- 10 bile association, who shall secure such membership for such person. 11 § 3. Subdivision 3 of section 27.17 of the parks, recreation and 12 historic preservation law, as amended by section 2 of part G of chapter 13 82 of the laws of 2002, is amended to read as follows: 14 3. Every county or, where applicable, any city, town or village within 15 such county, shall be eligible for a grant for the development and main- 16 tenance of a system of snowmobile trails and a program with relation 17 thereto within its boundaries. Such grants shall be made by the commis- 18 sioner and may constitute up to one hundred percent of the cost of such 19 program including expenditures incurred for signs and markers of snowmo- 20 bile trails. Any county or, where applicable, any city, town or village 21 within such county, applying for such grant shall submit to the commis- 22 sioner [by September first of each year an estimate of such expenditures23for the current fiscal year, in such form and containing such] informa- 24 tion as the commissioner may require. No city, town or village may apply 25 for such grant where the county within which it is contained has submit- 26 ted an application for the same fiscal year. For the purpose of this 27 section, "fiscal year" shall mean the period from April first through 28 March thirty-first. The commissioner shall review all such applications 29 and shall determine the amount of state aid to be allocated to each 30 county or, where applicable, any city, town or village within such coun- 31 ty in accordance with the provisions of subdivision five of this 32 section. Of the amount the commissioner determines each county or, where 33 applicable, any city, town or village within such county is eligible to 34 receive, seventy percent shall be made available for distribution by 35 November first and thirty percent for distribution upon demonstration of 36 completion, submitted by June first, of the program. 37 § 4. This act shall take effect immediately. 38 PART NN 39 Section 1. Subdivision 2 of section 40 of the navigation law, as 40 amended by chapter 208 of the laws of 2002, is amended to read as 41 follows: 42 2. Whistle. Every [mechanically propelled] vessel and every rowboat, 43 canoe and kayak shall be provided with an efficient whistle. The word 44 "whistle" shall mean any sound producing mechanical appliance, except 45 sirens, capable of producing a blast of two seconds or more in duration 46 and of such strength as to be heard plainly for a distance of at least 47 one-half mile in still weather. A siren whistle may only be attached to 48 a vessel operated by a police department, fire department or public 49 utility company, and used only on emergency calls. On vessels less than 50 thirty-nine feet in length, a mouth whistle capable of producing a blast 51 of two seconds or more in duration, which can be heard for at least 52 one-half a mile, may be used. 53 § 2. Subdivision 6 of section 40 of the navigation law, as amended by 54 chapter 186 of the laws of 1962, is amended to read as follows:S. 4008 93 A. 3008 1 6. Fire extinguishers required. (a) Every mechanically propelled 2 vessel as classified and defined by subdivision one of section forty- 3 three of this article, except outboard motor boats less than twenty-six 4 feet in length, of open construction, shall carry United States coast 5 guard approved fire extinguishers in accordance with the following: 6 Class A motor boats shall carry one [B-1] 5-B fire extinguisher. 7 Class 1 motor boats shall carry one [B-1] 5-B fire extinguisher. 8 Class 2 motor boats shall carry two [B-1] 5-B fire extinguishers. 9 Class 3 motor boats shall carry three [B-1] 5-B fire extinguishers. 10 Class 4 motor boats shall carry fire extinguishers and other fire 11 fighting equipment as required by the federal navigation law and rules 12 and regulations made by the United States coast guard for uninspected 13 vessels. 14 (b) One class [B-2] 20-B fire extinguisher may be substituted for two 15 class [B-1] 5-B fire extinguishers. 16 (c) When the engine compartment of the motor boat is equipped with a 17 fixed fire extinguishing system of a United States coast guard approved 18 type, one less class [B-1] 5-B fire extinguisher is required. 19 (d) No fire extinguishers of the toxic vaporizing liquid type, includ- 20 ing those containing carbon tetrachloride and chlorobromomethane extin- 21 guishing agents shall be approved by the commissioner. 22 (e) Disposable fire extinguishers are considered expired twelve years 23 after their date of manufacture. Expired or previously used fire extin- 24 guishers do not meet the requirements of paragraph (a) of this subdivi- 25 sion. 26 § 3. Section 40 of the navigation law is amended by adding a new 27 subdivision 13 to read as follows: 28 13. The operator of a vessel under twenty-six feet in length equipped 29 with an engine cut-off switch shall use the engine cut-off switch when 30 the vessel is operating on plane or above displacement speed. The use of 31 an engine cut-off switch shall not be required when the operator is in a 32 fully enclosed cabin. 33 § 4. This act shall take effect on January 1, 2024. 34 PART OO 35 Section 1. Subdivision 9 of section 103 of the general municipal law, 36 as amended by chapter 90 of the laws of 2017, subparagraph (ii) of para- 37 graph (a) as amended by section 1 of part JJ of chapter 58 of the laws 38 of 2020, is amended to read as follows: 39 9. (a) Notwithstanding the foregoing provisions of this section to the 40 contrary, a board of education, on behalf of its school district, or a 41 board of cooperative educational services, may separately purchase eggs, 42 livestock, fish, dairy products (excluding milk), juice, grains, and 43 species of fresh fruit and vegetables directly from New York State 44 producers or growers, or associations of producers and growers[,45provided that:46(a) (i) such association of producers or growers is comprised of ten47or fewer owners of farms who also operate such farms and who have48combined to fill the order of a school district or board of cooperative49educational services as herein authorized, provided however, that a50school district or board of cooperative educational services may apply51to the commissioner of education for permission to purchase from an52association of more than ten owners of such farms when no other produc-53ers or growers have offered to sell to such school or board of cooper-54ative educational services; orS. 4008 94 A. 3008 1(ii) such association of producers or growers is comprised of owners2of farms who also operate such farms and have combined to fill the order3of a school district or board of cooperative educational services, and4where such order is for one hundred thousand dollars or less as herein5authorized, provided however, that a school district or board of cooper-6ative educational services may apply to the commissioner of education7for permission to purchase orders of more than one hundred thousand8dollars from an association of owners of such farms when no other9producers or growers have offered to sell to such school;10(b) the amount that may be expended by a school district in any fiscal11year for such purchases shall not exceed an amount equal to twenty cents12multiplied by the total number of days in the school year multiplied by13the total enrollment of such school district;14(b-1) the amount that may be expended by a board of cooperative educa-15tional services in any fiscal year for such purchases shall not exceed16an amount equal to twenty cents multiplied by the total number of days17in the school year multiplied by the number of students receiving18services by such board of cooperative educational services at facilities19operated by a board of cooperative educational services;20(c) all] . 21 (b) All such purchases shall be administered pursuant to regulations 22 promulgated by the commissioner of education. Such regulations shall: be 23 developed in consultation with the commissioner of agriculture and 24 markets to accommodate and promote the provisions of the farm-to-school 25 program established pursuant to subdivision five-b of section sixteen of 26 the agriculture and markets law and subdivision thirty-one of section 27 three hundred five of the education law as added by chapter two of the 28 laws of two thousand two; ensure that the prices paid by a district or 29 board of cooperative educational services for any items so purchased do 30 not exceed the prices of comparable local farm products that are avail- 31 able to districts through their usual purchases of such items; ensure 32 that all producers and growers who desire to sell to school districts or 33 boards of cooperative educational services can readily access informa- 34 tion in accordance with the farm-to-school law; include provisions for 35 situations when more than one producer or grower seeks to sell the same 36 product to a district or board of cooperative educational services to 37 ensure that all such producers or growers have an equitable opportunity 38 to do so in a manner similar to the usual purchasing practices of such 39 districts or boards of cooperative educational services; [develop guide-40lines for approval of purchases of items from associations of more than41ten growers and producers;] and, to the maximum extent practicable, 42 minimize additional paperwork, recordkeeping and other similar require- 43 ments on both growers and producers and school districts. 44 § 2. Subdivision 10 of section 103 of the general municipal law, as 45 added by chapter 848 of the laws of 1983, is amended to read as follows: 46 10. Notwithstanding the foregoing provisions of this section to the 47 contrary, a board of education may, on behalf of its school district, 48 separately purchase milk produced in New York State, directly from 49 licensed milk processors [employing less than forty people] pursuant to 50 the provisions of this subdivision. [The amount that may be expended by51a school district in any fiscal year pursuant to this section shall not52exceed an amount equal to twenty-five cents multiplied by the total53number of days in the school year multiplied by the total enrollment of54such school district.] All purchases made pursuant to this subdivision 55 shall be administered pursuant to regulations promulgated by the commis- 56 sioner of education. The regulations promulgated by the commissioner ofS. 4008 95 A. 3008 1 education shall ensure that the prices paid by a school district for 2 items purchased pursuant to this subdivision do not exceed the market 3 value of such items and that all licensed processors who desire to sell 4 to a school district pursuant to this subdivision have equal opportu- 5 nities to do so. 6 § 3. Section 103 of the general municipal law is amended by adding a 7 new subdivision 10-a to read as follows: 8 10-a. Notwithstanding the foregoing provisions of this section or any 9 other provision of the law to the contrary, any officer, board or agency 10 of a political subdivision or of any district therein, board of educa- 11 tion, on behalf of a school district, or board of cooperative educa- 12 tional services may purchase food, including milk and milk products and 13 food products, grown, produced, or harvested, in New York State in an 14 amount not exceeding two hundred fifty thousand dollars without a formal 15 competitive process. 16 § 4. Section 103 of the general municipal law is amended by adding a 17 new subdivision 10-b to read as follows: 18 10-b. Each board or agency of a political subdivision or any district 19 therein, board of education, on behalf of a school district, or board of 20 cooperative educational services shall report to the office of general 21 services and department of agriculture and markets on an annual basis 22 the total dollar value procured of food, including milk and milk 23 products and food products, grown, produced, or harvested in New York no 24 later than March thirty-first for the previous calendar year. 25 § 5. This act shall take effect immediately. 26 PART PP 27 Section 1. This act shall be known and may be cited as the "waste 28 reduction and recycling infrastructure act". 29 § 2. Legislative intent. The legislature hereby finds and declares 30 that the amount of waste generated in New York is a threat to the envi- 31 ronment. The legislature further finds and declares that it is in the 32 public interest of the state of New York for packaging and paper 33 products producers to take responsibility for the development and imple- 34 mentation of strategies to promote reduction, reuse, recovery, and recy- 35 cling of packaging and paper products through investments in the end-of- 36 product-life management of products. 37 § 3. Article 27 of the environmental conservation law is amended by 38 adding a new title 34 to read as follows: 39 TITLE 34 40 WASTE REDUCTION AND RECYCLING INFRASTRUCTURE ACT 41 Section 27-3401. Definitions. 42 27-3403. Needs assessment and establishment of a packaging and 43 paper products program. 44 27-3405. Advisory committee. 45 27-3407. Post-consumer recycled content, recovery, recycling, 46 and source reduction rates. 47 27-3409. Producer responsibility program plan. 48 27-3411. Reporting requirements and audits. 49 27-3413. Antitrust protections. 50 27-3415. Penalties. 51 27-3417. State preemption. 52 27-3419. Authority to promulgate rules and regulations. 53 27-3421. Severability. 54 § 27-3401. Definitions.S. 4008 96 A. 3008 1 When used in this title: 2 1. "Brand" means a name, symbol, word, or mark that identifies a prod- 3 uct, rather than its components, and attributes the product to the owner 4 of the brand. 5 2. "Compostability" means the capability to undergo aerobic biological 6 decomposition in a controlled composting system as demonstrated by meet- 7 ing ASTMD6400 or ASTMD6868, or any successor standards and will produce 8 a marketable product. 9 3. "Consumer" means any person located in the state, who owns or uses 10 packaging and paper products, including, but not limited to, a person 11 residing in a single or multi-family residential unit, a school, state 12 or local agency, business, or institution. 13 4. "Department" means the New York state department of environmental 14 conservation. 15 5. "Extended producer responsibility program" means a program financed 16 and implemented by producers, either individually, or collectively 17 through a producer responsibility organization, that provides for, but 18 is not limited to, the collection, transportation, reuse, recycling, 19 proper end-of-life management, or an appropriate combination thereof, of 20 unwanted packaging and paper products. 21 6. "Packaging and paper products" covered by this title include, but 22 are not limited to, the following: 23 (a) Packaging means any part of a package or container, regardless of 24 recyclability or compostability, including, but not limited to, such 25 material types as paper, plastic, glass, or metal, that is used: 26 (i) for the containment, protection, handling, delivery, serving, and 27 presentation of goods that are sold, offered for sale, or distributed to 28 consumers in the state, including through an internet transaction; 29 (ii) as secondary packaging intended for the consumer market; 30 (iii) as tertiary packaging used for transportation or distribution 31 directly to a consumer or retailer; or 32 (iv) ordinarily disposed of after for a single or short-term use. 33 (b) Paper products means: 34 (i) paper and other cellulosic fibers, whether or not they are used as 35 a medium for text or images, except bound books; 36 (ii) containers or packaging used to deliver printed matter directly 37 to the ultimate consumer or recipient; or 38 (iii) paper of any description, including but not limited to: flyers; 39 brochures; booklets; catalogs; telephone directories; paper fiber; card- 40 board; and paper used for writing or any other purpose. 41 (c) For the purpose of this title, the packaging and paper products 42 covered designation does not include the following: 43 (i) packaging or paper products that could become unsafe or unsanitary 44 to recycle by virtue of their anticipated use, as determined by the 45 department; 46 (ii) literary, text, and reference bound books; 47 (iii) newspapers, magazines, and periodicals; 48 (iv) beverage containers subject to title ten of this article; 49 (v) packaging that is used exclusively in industrial or manufacturing 50 processes; 51 (vi) medical devices and packaging, or paper used to contain and which 52 are included with products regulated as a drug, medical device or 53 dietary supplement by the U.S. Food and Drug Administration under the 54 Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., sec. 3.2(e) 55 of 21 U.S. Code of Federal Regulations or the Dietary Supplement Health 56 and Education Act;S. 4008 97 A. 3008 1 (vii) animal biologics, including vaccines, bacterins, antisera, diag- 2 nostic kits, and other products of biological origin, and other covered 3 materials regulated by the United States Department of Agriculture under 4 the Virus, Serum, Toxin Act, 21 U.S.C. 151-159; 5 (viii) packaging products used to contain, and paper products which 6 are included with, substances hazardous to the environment, regulated 7 pursuant to section 37-0103 of this chapter, or packaging products regu- 8 lated by the federal insecticide, fungicide, and rodenticide act, 7 9 U.S.C. sec. 136 et seq. or other applicable federal law, rule or regu- 10 lation; 11 (ix) architectural paint containers collected and managed pursuant to 12 title twenty of this article; 13 (x) a material, or a category of material, intended to be used for 14 long-term storage or protection of a durable product that can be 15 expected to be usable for that purpose for a period of at least five 16 years as defined by the department pursuant to regulations; and 17 (xi) reusable packaging still functioning for its intended purpose. 18 7. "Municipality" means any county, city, town, village, local public 19 authority or benefit corporation, or solid waste management district 20 within the state of New York. 21 8. "Post-consumer recycled content" means the content of a product 22 made from materials that have served their intended end use as consumer 23 items and that have been separated or diverted from the waste stream for 24 the purposes of collection and recycling as a secondary material feeds- 25 tock. Such materials may also include returns of material from the 26 distribution chain. Post-consumer recycled content does not include 27 waste material generated by a manufacturer during or after the 28 completion of a manufacturing process. 29 9. (a) "Producer" means an entity that shall be determined to be the 30 producer, for the purposes of this title, based on the following hierar- 31 chy: 32 (i) the person or company who uses the packaging or paper product 33 under such person's own name or brand and who sells or offers for sale a 34 product that uses the packaging or paper product in the state; or 35 (ii) the person who imports the packaging or paper product as the 36 owner or licensee of a trademark or brand under which the packaging or 37 paper products are sold or distributed in the state; or 38 (iii) the person or company that offers for sale, sells, or distrib- 39 utes a product that uses the packaging or paper product in the state. 40 (b) For purposes of this title, a producer shall not include those 41 that: 42 (i) in the most recent calendar year, have gross sales of less than 43 one million dollars in the state; 44 (ii) in the most recent calendar year, generate less than one ton of 45 packaging and paper products supplied to New York state consumers per 46 year; 47 (iii) operate as a single point of retail sale; 48 (iv) a person or company who produces, harvests, and packages a raw 49 agricultural commodity on the site where the agricultural commodity was 50 grown or raised; 51 (v) are a municipality, local government planning unit, state govern- 52 ment, or federal government; or 53 (vi) a registered 501(c)(3) charitable organization or 501(c)(4) 54 social welfare organization. 55 (c) If more than one person is a producer of a brand of packaging or 56 paper product, any such person may assume responsibility for obligationsS. 4008 98 A. 3008 1 of a producer of that brand under this title. If none of those persons 2 assume responsibility for the obligations of a producer under this 3 title, any and all such persons jointly and severally may be considered 4 the responsible producer of that brand for purposes of this title. 5 10. "Producer responsibility organization" means a not-for-profit 6 organization designated by a group of producers to act as an agent on 7 behalf of each participating producer to develop and implement a produc- 8 er responsibility program. To the extent applicable, a producer respon- 9 sibility organization shall have a governing board that represents the 10 diversity of producers and the covered materials and product types, and 11 such board shall include non-voting members representing a diversity of 12 material trade associations. 13 11. "Readily-recyclable" means a type of packaging or paper product 14 included in the minimum recyclables list established pursuant to section 15 27-3403 of this title. 16 12. "Recovery rate" means the amount of packaging or paper products 17 collected and recovered for reuse or recycling over a program year by 18 material type, divided by the amount of packaging or paper products sold 19 into the state, by material type, expressed as percentages. 20 13. "Recycling" means to separate, dismantle or process the materials, 21 components or commodities contained in discarded packaging and paper 22 products for the purpose of preparing the materials, components, or 23 commodities for use or reuse in new products or components. "Recycling" 24 does not include: (a) energy recovery or energy generation by any means, 25 including but not limited to, combustion, incineration, pyrolysis, gasi- 26 fication, solvolysis, waste to fuel or any chemical conversion process; 27 or (b) landfill disposal of discarded component materials. 28 14. "Recycling collection" means a recycling program that serves resi- 29 dential units, schools, federal, state or local agencies, businesses, or 30 institutions, where such schools, federal, state or local agencies, 31 businesses, or institutions were eligible to be served under a contract 32 with a municipality or by a municipality or by a private sector hauler 33 as of the effective date of this title, and such recycling program is 34 either operated by a municipality or pursuant to a contract with the 35 municipality, or by a private sector hauler, or other public agency or 36 identified through approved local solid waste management plans. 37 15. "Recycling rate" means the amount of discarded packaging and paper 38 products that is managed through recycling, as defined by this title, 39 and is computed by dividing the amount of discarded packaging and paper 40 products collected and recycled, by material type, by the total amount 41 of discarded packaging and paper products collected over a program year, 42 by material type, expressed as percentages. 43 16. "Reusable" means designed with the intent to be repeatedly 44 refilled or reused for the same or similar purpose for which it was 45 created for; compliant with any statutory or regulatory requirements for 46 toxic substances; and safe for washing and sanitizing according to 47 applicable state food safety laws. 48 17. "Source reduction" means any action which causes the elimination 49 of or a net reduction in the generation of solid waste and includes, but 50 is not limited to, reducing the use of nonrecyclable materials, replac- 51 ing disposable materials and products with reusable or refillable mate- 52 rials and products, reducing packaging, and increasing the efficiency of 53 the use of materials. Source reduction does not include replacing a 54 recyclable or compostable material with a nonrecyclable or noncomposta- 55 ble material or a material that is less likely to be recycled or 56 composted.S. 4008 99 A. 3008 1 18. "Unit" means each discrete component of a package or container. 2 § 27-3403. Needs assessment and establishment of a packaging and paper 3 products program. 4 1. The department shall, subject to available appropriations, prepare 5 or cause to be prepared one or more statewide needs assessments 6 designed to determine the necessary steps and investment needed to 7 achieve the requirements of this title. An initial needs assessment 8 shall be completed by the department, their contractors, or an independ- 9 ent third party, prior to the approval of any producer responsibility 10 program plan. 11 2. The needs assessment shall be updated every five years or as neces- 12 sary, to reevaluate the program and identify any relevant service needs 13 in the state that are not being met by the program. The department or 14 the third-party contractor shall consult with the producer responsibil- 15 ity organization and local jurisdictions when developing such updated 16 needs assessments. 17 3. By January first, two thousand twenty-four, each producer of pack- 18 aging and paper products as defined in section 27-3401 of this title 19 shall submit a registration form with the department or their contrac- 20 tors. The registration form, as developed by the department, shall 21 include the following information: 22 (a) the producer's name, electronic and physical address, and tele- 23 phone number; 24 (b) the name and title of an officer, director, or other individual 25 designated as the producer's contact for purposes of this title; 26 (c) a list identifying the producer's packaging and paper product 27 brands; 28 (d) estimated sales data; and 29 (e) other information as determined by the department. 30 4. Each producer registration form, shall be accompanied by an initial 31 producer registration fee as follows: 32 (a) five hundred dollars for producers with gross sales of less than 33 five million dollars in the state in the most recent calendar year; 34 (b) one thousand dollars for producers with gross sales of greater 35 than five million dollars but less than twenty million dollars in the 36 state in the most recent calendar year; 37 (c) ten thousand dollars for producers with gross sales of greater 38 than twenty million dollars and less than fifty million dollars in the 39 most recent calendar year; and 40 (d) twenty-five thousand dollars for producers with gross sales of 41 greater than fifty million dollars in the most recent calendar year. 42 5. Each producer implementing an individual extended producer respon- 43 sibility program or producer responsibility organization that files a 44 plan with the department shall submit a registration form and plan 45 implementation registration and administrative fee on behalf of all 46 producers participating in the program. If a producer is not participat- 47 ing in a producer responsibility organization program, they must file a 48 registration form and pay a plan implementation and administrative fee 49 independently. The department shall promulgate an individual producer 50 and producer responsibility plan implementation and administrative fee 51 schedule for costs associated with the implementation, administration, 52 and enforcement of this title. The department shall periodically evalu- 53 ate the amount of the plan implementation and administrative fees and 54 make a determination if the fees should be adjusted based on actual 55 department costs to administer the program.S. 4008 100 A. 3008 1 6. All fees collected pursuant to this title shall be deposited into 2 the waste reduction, reuse, and recycling fund established pursuant to 3 section ninety-two-kk of the state finance law. 4 7. By June first, two thousand twenty-four, an advisory committee 5 shall be established and begin performing its obligations pursuant to 6 section 27-3405 of this title. 7 8. (a) By January first, two thousand twenty-six, each producer imple- 8 menting an individual extended producer responsibility program or any 9 producer responsibility organization, shall submit a producer responsi- 10 bility program plan to the department for approval and begin program 11 implementation within six months of plan approval. 12 (b) Any person that becomes a producer after January first, two thou- 13 sand twenty-six, shall submit an individual extended producer responsi- 14 bility program plan within six months and begin program implementation 15 within six months of plan approval, or join a producer responsibility 16 organization. 17 9. Beginning January first, two thousand twenty-seven, no producer 18 shall sell, offer for sale, or distribute packaging or paper products 19 for use in New York unless the producer, or its designated producer 20 responsibility organization, has a producer responsibility program plan 21 approved by the department. Producers may satisfy participation obli- 22 gations individually or jointly with other producers through a producer 23 responsibility organization. 24 10. To address program performance, producers shall be required to 25 evaluate how they are meeting the minimum source reduction, minimum 26 post-consumer recycled content rate, minimum recovery rate, and minimum 27 recycling rate for packaging and paper material types as established in 28 this title. 29 11. (a) A producer implementing an individual extended producer 30 responsibility program or a producer responsibility organization shall 31 adopt a minimum recyclables list, which lists the minimum types of 32 recyclable paper products and packaging based on available collection 33 and processing infrastructure and recycling markets for covered materi- 34 als and products, as identified in the needs assessment and subsequent 35 reports. Such a list shall be approved by the department prior to its 36 adoption. The producer implementing an individual extended producer 37 responsibility program or producer responsibility organization shall 38 evaluate the list on an annual basis, and update it as necessary in 39 consultation with the advisory committee and as approved by the depart- 40 ment, in response to collection and processing improvements and changes 41 in recycling end markets. If there are multiple lists, the department 42 shall compile the lists and shall publish a compiled list to the public. 43 Such lists may vary by geographic region depending on regional markets 44 and regional collection and processing infrastructure as determined by 45 the department. 46 (b) All municipalities or private entities shall provide for the 47 collection and recovery of all identified materials and products 48 contained on the minimum recyclables list in a manner that allows for 49 the marketability of the collected recyclables, based on geographic 50 regions, as applicable, in order to be eligible for reimbursement; 51 provided, however, nothing shall penalize a municipality or private 52 recycling service for recovering and recycling materials that are gener- 53 ated in the municipality or geographic region that are not included on 54 the list of minimum types of recyclable covered materials or products so 55 long as it can be demonstrated that such materials have a market as 56 determined by the department in consultation with the producer imple-S. 4008 101 A. 3008 1 menting an individual extended producer responsibility program or 2 producer responsibility organization. Reimbursement shall cover 3 collection, recovery, and processing of all covered materials and 4 products so long as the program includes at least the minimum recycla- 5 bles list. 6 (c) The department may grant a waiver of the requirements in paragraph 7 (b) of this subdivision upon a written showing by the municipality or 8 private entity that compliance with such requirement is not practicable 9 for a specific identified product or material. The waiver granted by the 10 department shall not exceed twelve months. 11 12. No person may charge a consumer a direct point-of-sale or direct 12 point-of-collection fee to recoup the costs associated with meeting the 13 obligations under this title. 14 § 27-3405. Advisory committee. 15 1. The commissioner shall appoint members to the advisory committee, 16 which shall be comprised of an odd number of members, such members shall 17 include: 18 (a) an association representing municipalities and an additional 19 municipal representative from a city with a population of one million or 20 more residents; 21 (b) a municipal recycling program; 22 (c) two representatives from environmental organizations; 23 (d) an environmental justice community or organization; 24 (e) a statewide waste recycling and disposal association; 25 (f) a recyclables handling and recovery facility located within the 26 state of New York; 27 (g) a recycling collection provider; 28 (h) a manufacturer of packaging materials utilizing post-consumer 29 recycled content; 30 (i) a manufacturer of paper materials utilizing post-consumer recycled 31 content; 32 (j) a representative of an agriculture organization; 33 (k) a representative from the composting industry; 34 (l) a consumer advocate; and 35 (m) a public health specialist. 36 Nonvoting members shall include a representative from each of the 37 following: the retail sector; the grocery sector; and a producer of 38 packaging products, a producer of paper products, and a producer respon- 39 sibility organization established under this title. 40 2. The advisory committee shall select a chair from among the 41 members. The chair will be responsible for selecting secretarial support 42 for the advisory committee. 43 3. The advisory committee shall be consulted as needed, but at least 44 once, during the development of the producer responsibility program 45 plan, prior to any update to the producer responsibility program plan, 46 and prior to the submission of an annual report. 47 4. Each producer responsibility plan prepared by a producer implement- 48 ing an individual extended producer or producer responsibility organiza- 49 tion pursuant to this title shall be submitted to the advisory committee 50 for its review and comments on whether the plan meets the criteria and 51 objectives of this title. 52 5. The advisory committee shall review the submitted annual reports 53 and make such recommendations to the department and the producer respon- 54 sibility organization for improving the plan within sixty days of 55 submission.S. 4008 102 A. 3008 1 6. The decisions of the advisory committee shall be by a vote of the 2 majority of its membership. 3 7. Members of the advisory committee shall be reimbursed for any 4 necessary travel expenses, related to participating on the advisory 5 committee, by the producer implementing an individual extended producer 6 responsibility program or producer responsibility organization. Members 7 of the advisory committee shall receive no salary from a producer imple- 8 menting an individual extended producer responsibility program or 9 producer responsibility organization. The costs for secretarial support 10 to the advisory committee shall be paid for by the producer implementing 11 an individual extended producer responsibility program or producer 12 responsibility organization. 13 § 27-3407. Post-consumer recycled content, recovery, recycling, and 14 source reduction rates. 15 1. Within five years of the effective date of this title, a producer 16 of packaging products shall meet the following minimum post-consumer 17 recycled content rates, as applicable, for the material types stated 18 below: 19 (a) All glass packaging sold or offered for sale in the state by a 20 producer shall contain, on average, at least thirty-five percent post- 21 consumer recycled content. Every three years thereafter, the amount of 22 post-consumer recycled content shall increase by five percent, until 23 reaching fifty percent. 24 (b) All metal packaging sold or offered for sale in the state by a 25 producer shall contain, on average, at least fifty percent post-consumer 26 recycled content. Every three years thereafter, the amount of post-con- 27 sumer recycled content shall increase by ten percent, until reaching 28 ninety percent. 29 (c) All rigid plastic packaging sold or offered for sale in the state 30 by a producer shall contain, on average, at least twenty percent post- 31 consumer recycled content. Every three years thereafter, the amount of 32 post-consumer recycled content shall increase by ten percent, until 33 reaching fifty percent. 34 (d) All non-rigid plastic packaging sold or offered for sale in the 35 state by a producer shall contain, on average, at least ten percent 36 post-consumer recycled content. Every three years thereafter, the amount 37 of post-consumer recycled content shall increase by five percent, until 38 reaching forty percent. 39 (e) All corrugated cardboard packaging sold or offered for sale in the 40 state by a producer shall contain, on average, at least fifty percent 41 post-consumer recycled content. Every three years thereafter, the amount 42 of post-consumer recycled content shall increase by five percent, until 43 reaching seventy-five percent. 44 (f) All paper packaging, other than corrugated cardboard packaging, 45 sold or offered for sale in the state by a producer shall contain, on 46 average, at least thirty percent post-consumer recycled content. Every 47 three years thereafter, the amount of post-consumer recycled content 48 shall increase by ten percent, until reaching seventy percent. 49 2. Within five years of the effective date of this title, paper 50 products sold or offered for sale in the state by a producer shall 51 contain, on average, at least thirty percent post-consumer recycled 52 content. Every three years thereafter, the amount of post-consumer recy- 53 cled content shall increase by ten percent, until reaching seventy 54 percent.S. 4008 103 A. 3008 1 3. Any food-grade packaging or paper products are exempt from the 2 post-consumer recycled content requirements of this section for a period 3 of at least ten years from the effective date of this title. 4 4. A producer shall achieve compliance with the post-consumer recycled 5 content requirements of this section based on the average amount of 6 post-consumer recycled content, by weight, contained in its packaging 7 and paper products, by material type. A producer shall calculate the 8 average amount of post-consumer recycled content contained in its pack- 9 aging and paper products using data specific to packaging and products 10 sold or offered for sale in the state, or if such data is unavailable, a 11 producer may use national data. The calculation of averages shall be 12 based on a producer's entire product offering of packaging and paper 13 products, separated by material type. 14 5. A producer or producer responsibility program on behalf of its 15 producers, shall submit to the department at the time of annual report- 16 ing, a certification, in writing, that the packaging and paper products, 17 as applicable, sold or offered for sale in the state, comply with the 18 post-consumer recycled content requirements or have been granted a waiv- 19 er from the requirements of this section. 20 6. The department may require that a producer implementing an individ- 21 ual extended producer responsibility program or producer responsibility 22 organization, submit a third-party verification of a compliance certif- 23 ication made pursuant to this section. 24 7. Within five years of the effective date of this title, a producer 25 implementing an individual extended producer responsibility program or 26 producer responsibility organization shall meet a minimum recovery rate 27 of thirty-five percent, and a minimum recycling rate of twenty-five 28 percent. Every five years thereafter, the recovery rate shall increase 29 by ten percent until reaching eighty-five percent, and the recycling 30 rate shall increase by ten percent until reaching seventy-five percent. 31 8. Within ten years of the effective date of this title, a producer or 32 producer responsibility organization shall ensure that by weight or by 33 unit, packaging products meet a source reduction rate of fifteen 34 percent. Source reduction can be achieved by eliminating single-use 35 packaging, including secondary or tertiary packaging, transitioning from 36 single use to reusable or refillable packaging, or by reducing the 37 amount of source material used in a package, provided however the 38 producer may not change from a material or format that is readily-re- 39 cyclable to a material or format that is not readily-recyclable. The 40 calculation of source reduction may be based on a producer's entire 41 product offering of packaging and paper products, separated into product 42 sublines, or through an aggregate form of a producer responsibility 43 organization. 44 9. The department may review and adjust the minimum source reduction, 45 recycling, and recovery rates established in this title by regulation if 46 the department finds and determines the rates are infeasible. In making 47 a determination of infeasibility, the department shall consider, at a 48 minimum: 49 (a) the findings of the needs assessment; 50 (b) information gathered from the producer and producer responsibility 51 organization annual reports; and 52 (c) any other factors deemed appropriate by the department. 53 10. The department may review and adjust any of the post-consumer 54 recycled content rates established in this section by regulation. In 55 making an adjustment pursuant to this subdivision, the department shall 56 consider, at a minimum:S. 4008 104 A. 3008 1 (a) changes in market conditions, including supply and demand for 2 post-consumer recycled materials, both domestically and globally; 3 (b) the availability of recycled materials suitable to meet the mini- 4 mum post-consumer recycled content requirements: 5 (c) post-consumer recycled content requirements, including the avail- 6 ability of high-quality recycled materials, and food-grade recycled 7 materials; 8 (d) the capacity of recycling or processing infrastructure; 9 (e) utilization rates of the materials; 10 (f) the progress made by producers in meeting the post-consumer recy- 11 cled targets by material type; and 12 (g) any other factors deemed appropriate as determined by the depart- 13 ment, in regulation. 14 11. Any adjustment to the minimum rates, shall only be for such condi- 15 tions and for a duration as established by the department in regulation. 16 12. A producer or producer responsibility organization may submit a 17 request to the department for a waiver from the post-consumer recycled 18 content requirements established pursuant to this section. 19 (a) The department may grant a waiver only if a producer or producer 20 responsibility organization demonstrates, and the department finds, that 21 such producer or producers cannot meet the post-consumer recycled 22 content requirements of this section because: 23 (i) it is not technologically or economically feasible to achieve the 24 post-consumer recycled content requirements; 25 (ii) there is inadequate availability of recycled material or a 26 substantial disruption in the supply of recycled material; or 27 (iii) the producer cannot achieve the post consumer recycled content 28 requirements and remain in compliance with applicable rules and regu- 29 lations adopted by the United States Food and Drug Administration, or 30 any other state or federal law, rule, or regulation. 31 (b) The waiver request shall also include, at a minimum: 32 (i) proposed post-consumer recycled content rates the producer or 33 producer responsibility organization deems are achievable, with suffi- 34 cient justification for the determination of such rates; 35 (ii) supporting documentation from a federal or state agency or certi- 36 fied third party expert, as appropriate, demonstrating that the producer 37 or producers cannot comply with the post-consumer recycled content 38 requirements of this section for one of the reasons set forth in this 39 section; and 40 (iii) any other information required by the department as determined 41 in regulation. 42 13. The department shall post on its website, on an annual basis, any 43 determination to grant a waiver from the post-consumer recycled content 44 requirements. 45 § 27-3409. Producer responsibility program plan. 46 1. By January first, two thousand twenty-six, any producer implement- 47 ing an individual extended producer responsibility program or any 48 producer responsibility organization, shall submit to the department a 49 producer responsibility program plan, detailing its proposed collection 50 and recycling program for packaging and paper products. 51 2. The approved producer responsibility program plan shall be valid 52 for five years and shall be reviewed and updated every five years 53 following the implementation date of the original plan. The department 54 shall have the discretion to require the plan to be reviewed or revised 55 prior to the five-year period if the department has cause to believe the 56 minimum post-consumer recycled content rates, minimum recovery rates,S. 4008 105 A. 3008 1 minimum recycling rates, as established in this title, or other obli- 2 gations of the plan as set forth in this section are not being met or 3 followed by the producer or producer responsibility organization, or if 4 there has been a change in circumstances that warrants revision of the 5 plan. 6 3. The submitted plan shall, at a minimum, address the following: 7 (a) Contact information. Contact information, including the name, 8 electronic and physical address, and telephone number of the authorized 9 representative of the producer implementing an individual extended 10 producer responsibility program or producer responsibility organization. 11 (b) Participating producer or producers. Identify the producer or 12 producers participating in the submitted producer responsibility program 13 plan. 14 (c) Consultation. A description of how the producer implementing an 15 individual extended producer responsibility program or a producer 16 responsibility organization consulted with the advisory committee, 17 stakeholders, and the public in the development of the plan, and to what 18 extent the producers or the producer responsibility organization specif- 19 ically incorporated their input into the plan. Producers or producer 20 responsibility organizations shall also provide the advisory committee 21 sixty days to review and comment upon the draft plan prior to its 22 submission to the department. Producers implementing an individual 23 extended producer responsibility program or producer responsibility 24 organizations shall assess comments received and provide a summary and 25 analysis of the issues raised by the advisory committee, a statement of 26 the reasons why any significant changes were not incorporated into the 27 plan, and a description of the changes that were made to the plan as a 28 result of those comments. 29 (d) Types and brands of packaging and paper products. A list of the 30 types and brands of packaging and paper products for which the producer 31 or producer responsibility organization is responsible for. 32 (e) Funding mechanism. A description of the proposed funding mechanism 33 that is necessary to meet the requirements of this title and is suffi- 34 cient to cover the cost of plan development and revisions, program oper- 35 ation, municipal and private entity reimbursement, administration of the 36 producer responsibility organization, actual department costs to admin- 37 ister and enforce this title, eligible advisory committee expenses, and 38 maintaining a financial reserve sufficient to operate the program in a 39 fiscally prudent and responsible manner. The following objective fund- 40 ing and reimbursement details shall be provided in the producer respon- 41 sibility plan: 42 (i) Proposed program charges paid by producers shall be set on a 43 material-specific cost of the recycling program. Charges shall vary 44 based on, at a minimum: 45 (A) costs to provide collection or other forms of consumer recycling 46 service that is, at minimum, as convenient as the previous waste 47 collection schema in the particular jurisdiction for all consumers; 48 (B) costs to process a producer's collected packaging and paper 49 products for sale in secondary material markets; and 50 (C) the commodity value of packaging and paper products. 51 (ii) A producer responsibility organization shall also structure 52 program charges paid by producers to provide financial incentives that 53 reward waste and source reduction, reward recycling compatibility inno- 54 vations and practices, and reward producers of packaging and paper 55 products that can be easily recycled, reused or refilled, or composted. 56 The producer responsibility organization shall create a mechanism toS. 4008 106 A. 3008 1 allow producers to receive a credit for achieving source reduction 2 beyond what producers of similar covered material are achieving. The 3 revenue for that credit shall be paid for by charging producers not 4 achieving source reduction for similar products a fee as financial 5 penalty. The program charges shall also disincentivize designs or prac- 6 tices that increase the costs of recycling packaging and paper products. 7 The following shall be considered in setting the program charges: 8 (A) whether the percentage of post-consumer recycled content exceeds 9 minimum post-consumer recycled content rates and that the content does 10 not disrupt the potential for future recycling; 11 (B) whether the packaging or paper product exceeds the minimum source 12 reduction rate; 13 (C) whether the packaging or paper product is compostable; 14 (D) whether the packaging or paper product would typically be readi- 15 ly-recyclable except that the product has the effect of disrupting recy- 16 cling processes or the product includes labels, inks, or adhesives 17 containing heavy metals that would contaminate the recycling process; 18 (E) whether the packaging and paper product is nonfood contact packag- 19 ing that is specifically designed to be reusable or refillable and has a 20 high reuse or refill rate, as determined by the department in regu- 21 lations, and if so, such product shall be excluded from any fees; and 22 (F) other factors as determined by the department, including, but not 23 limited to, recommendations from the advisory committee which promote 24 favorable environmental outcomes such as lower life-cycle contributions 25 of packaging to paper products to greenhouse gas emissions. 26 (iii) In addition to the regular funding mechanism, the producer 27 responsibility organization may include a special assessment charge on 28 specific categories of packaging and paper products if the nature of the 29 packaging and paper product imposes unusual costs in recycling 30 collection or processing in municipal recycling facilities. 31 (f) Determination of reasonable costs. A producer implementing an 32 individual extended producer responsibility program or producer respon- 33 sibility organization is responsible for calculating and dispersing 34 funding to municipalities and private entities (such as solid waste 35 collection, transportation, sorting, and processing companies, and other 36 participating service providers) operating under the producer or produc- 37 er responsibility organization's program plan for reasonable costs 38 incurred by the municipality or private entity. A schedule of such 39 reasonable costs, determined in consultation with the advisory commit- 40 tee, shall be included in the program plan. 41 (i) To calculate reasonable costs, the producer implementing an indi- 42 vidual extended producer responsibility program or producer responsibil- 43 ity organization shall, at a minimum, take the following factors into 44 consideration: 45 (A) population density of the particular jurisdiction to be serviced; 46 (B) the amount received from the sale of source separated materials; 47 and 48 (C) transportation costs to processing facilities, processing costs 49 for each recyclable material, cost of managing non-recyclable material, 50 disposal of processing residuals, and marketing costs of material. 51 (ii) To facilitate the producer implementing an individual extended 52 producer responsibility program or producer responsibility organiza- 53 tion's determination of reasonable costs, participating municipalities 54 and private entities must submit documentation related to their specific 55 costs and the value of materials to the producer implementing an indi-S. 4008 107 A. 3008 1 vidual extended producer responsibility program or producer responsibil- 2 ity organization. 3 (iii) The municipality or private entity may not pass on to its resi- 4 dents or customers the costs for which it has been reimbursed by the 5 producer or producer responsibility organization. 6 (iv) Any funds directly collected pursuant to this title shall not be 7 used to carry out lobbying activities, bring a lawsuit against the 8 state, defend litigation involving claims of a producer or producer 9 responsibility organization's failure to comply with the requirements of 10 this chapter, or for payment of penalties for violations of this chap- 11 ter. 12 (g) Municipal and private entity reimbursement. A description of the 13 process for municipalities or private entities (such as solid waste 14 collection, transportation, sorting, and processing companies, and other 15 participating service providers) operating recycling programs under the 16 producer or producer responsibility organization's program plan, to 17 recoup reasonable costs from the producer implementing an individual 18 extended producer responsibility program or producer responsibility 19 organization. If a municipality does not provide collection for recycl- 20 ables or does not elect to participate in a producer or producer respon- 21 sibility organization program, and upon notice to the producer responsi- 22 bility organization and the department of lack of participation, the 23 producer or producer responsibility organization shall be responsible 24 for contracting with a private entity to ensure the convenience stand- 25 ards under this title are met. 26 (h) Outreach and education. A description of the producer's or produc- 27 er responsibility organization's public outreach and education program 28 for consumers and other stakeholders. 29 (i) The plan shall address how the outreach and education program 30 will: 31 (A) be designed to achieve the management goals of packaging and paper 32 products extended producer responsibility under this title, including 33 the prevention of contamination of recovered products that would reduce 34 the product's market value or limit the ability to use the material to 35 create new products; 36 (B) be coordinated across producer and producer responsibility organ- 37 ization programs to avoid confusion for consumers; and 38 (C) consult with municipalities and other stakeholders, coordinate 39 with and assist local municipal programs, municipal contracted programs, 40 solid waste collection companies, and other entities providing services, 41 and develop and provide outreach and education to the diverse popu- 42 lations in the state, including utilizing a variety of outreach and 43 education tools and ensuring materials are accessible to all persons and 44 are provided in multiple languages. 45 (ii) Participating producers shall label or mark packaging and paper 46 products in accordance with current labeling rules, laws, or regulations 47 with information to assist consumers in responsibly managing and recycl- 48 ing packaging and paper products, responsibly composting packaging and 49 paper products, and educating consumers about the percentage of post- 50 consumer recycled content. 51 (iii) Details on the following components of the outreach and educa- 52 tion program shall be provided in the plan, and available to consumers 53 and other stakeholders on the producer's or producer responsibility 54 organization's public education program website: 55 (A) proper end-of-life management of packaging and paper products; 56 (B) the location and availability of recycling collection;S. 4008 108 A. 3008 1 (C) how to prevent and minimize litter of packaging and paper 2 products; 3 (D) information on how consumers can reduce their consumption for 4 single-use packaging and paper products in favor of more reusable mate- 5 rials; 6 (E) recycling and composting instructions that are: consistent state- 7 wide, except as necessary to take into account differences among local 8 laws, processing capabilities, and relevant minimum recyclables lists; 9 easy to understand; and easily accessible; and 10 (F) a description of the process for answering stakeholder questions 11 and resolving any issues. 12 (iv) A producer implementing an individual extended producer responsi- 13 bility program or the producer responsibility organization shall regu- 14 larly evaluate the effectiveness of its outreach campaign in terms of 15 program awareness and participation. The plan shall include a 16 description of the evaluation approaches. 17 (v) A producer implementing an individual extended producer responsi- 18 bility program or producer responsibility organization shall undertake 19 outreach, education, and communications that assist in attaining or 20 exceeding the minimum source reduction rates, minimum post-consumer 21 recycled content, minimum recovery rates, and minimum recycling rates. 22 (i) Existing infrastructure. How the producer implementing an individ- 23 ual extended producer responsibility program or the producer responsi- 24 bility organization will work with existing waste haulers, recyclables 25 handling and recovery facilities, recyclers, municipalities, and any 26 other related entities that prepare recovered materials for end markets 27 to: 28 (i) operate or expand current collection programs that utilize exist- 29 ing service providers and infrastructure; 30 (ii) reduce contamination of recyclables collected and delivered to 31 processing facilities with annual reporting on contamination levels in 32 materials received by and processed by recyclables handling and recovery 33 facilities or similar establishments; 34 (iii) invest in new or upgraded infrastructure to improve the recycl- 35 ing of recovered packaging and paper products; and 36 (iv) invest in market development for packaging and paper products to 37 improve source reduction, refill rates, or recycling compatibility. 38 (j) Convenience. A description of how the producer implementing an 39 individual extended producer responsibility program or producer respon- 40 sibility organization intends to meet the convenience requirements set 41 forth as follows: 42 (i) A producer implementing an individual extended producer responsi- 43 bility program or producer responsibility organization shall provide for 44 a free, equitable and convenient system for consumers to recycle the 45 packaging and paper products identified under the producer or producer 46 responsibility organization's program plan, that is, at minimum: 47 (A) as convenient as waste collection; 48 (B) includes all entities participating in the recycling collection 49 schema in the particular jurisdiction; and 50 (C) consistent with relevant state and local laws or as deemed appro- 51 priate by the department. 52 (ii) A producer implementing an individual extended producer responsi- 53 bility program or producer responsibility organization may rely on a 54 range of means to collect various categories of packaging and paper 55 products including, but not limited to, curbside collection, facilityS. 4008 109 A. 3008 1 drop-off, and events, so long as packaging and paper products collection 2 options include recycling collection services if: 3 (A) The category of packaging and paper products is suitable for recy- 4 cling collection and can be effectively sorted by the facilities receiv- 5 ing the collected material; 6 (B) The packaging and paper products category is not handled through a 7 deposit and return scheme, other mandated product stewardship or 8 extended producer responsibility program, or buy back system that relies 9 on a collection system other than recycling collection; and 10 (C) The provider of the recycling collection service agrees to the 11 producer implementing an individual extended producer responsibility 12 program's or producer responsibility organization's reimbursement proc- 13 ess for reasonable costs. 14 (iii) Where recycling collection is not available and drop-off 15 collection facilities are utilized, consumers shall have free and equi- 16 table access to facilities that are within the jurisdiction and within 17 fifteen miles of at least ninety-five percent of the jurisdiction's 18 population unserved by recycling collection. 19 (k) Minimum source reduction, recycling, recovery and post-consumer 20 recycled content rates. A description of how the producer implementing 21 an individual extended producer responsibility program or producer 22 responsibility organization intends to meet or exceed the minimum source 23 reduction rate, minimum recycling rate, minimum recovery rate, and mini- 24 mum post-consumer recycled content rate for packaging or paper products, 25 by material type. 26 (l) End-of-life management processes. A description of the process for 27 end-of-life management, including recycling and disposal, for each 28 component material, using environmentally sound management practices. 29 (m) A description of how the producer responsibility organization 30 shall provide the right of first refusal to purchase recycled materials 31 from processors on behalf of producer members interested in obtaining 32 recycled feedstock in order to achieve post-consumer recycled content 33 objectives. 34 (n) Packaging and paper products reduction. A description of how a 35 producer responsibility organization will work with producers to reduce 36 packaging and paper products through product design, systems for reus- 37 able packaging informed by the needs assessment, and product and package 38 innovations and how the producer responsibility organization will work 39 with producers to help reduce a producer's total amount of non-reusable 40 packaging. 41 (o) Consumer concerns process. A process to address concerns and ques- 42 tions from consumers. 43 (p) Coordination. A process to coordinate with other producers and 44 producer responsibility organization programs, if applicable. 45 (q) Additional information. Any other information as specified by the 46 department. 47 4. (a) No later than ninety days after the submission of the producer 48 responsibility plan, the department shall determine whether to approve 49 the plan as submitted; approve the plan with conditions; or deny the 50 plan. 51 (b) The department shall consider the following in determining whether 52 to approve a plan: 53 (i) whether the plan adequately addresses all elements described in 54 this section; 55 (ii) whether the producer has undertaken satisfactory consultation 56 with the advisory committee and has provided an opportunity for advisoryS. 4008 110 A. 3008 1 committee input in the development of the plan prior to submission of 2 the plan; 3 (iii) whether the plan adequately provides for: 4 (A) the producer responsibility organization collecting and funding 5 the costs of collecting and processing packaging and paper products 6 covered by the plan and reimbursing a municipality or private entity; 7 (B) the funding mechanism to cover the entire cost of the producer 8 responsibility organization's program; 9 (C) convenient and free consumer access to collection facilities or 10 collection services; 11 (D) an evaluation system for the program charge structure, which shall 12 be evaluated on an annual basis by the producer responsibility organiza- 13 tion and advisory committee and resubmitted to the department annually; 14 and 15 (E) effective consumer outreach and education. 16 (iv) whether the plan satisfactorily provides for how the producer 17 implementing an individual extended producer responsibility program or 18 the producer responsibility organization will meet the minimum source 19 reduction rates, minimum post-consumer recycled content rates, recovery 20 rates, and recycling rates, which will create or enhance markets for 21 recycled materials; and 22 (v) whether the plan creates a convenient system for consumers to 23 recycle packaging and paper products that meet or exceed the convenience 24 criteria set forth in this title. 25 (c) The department may deny a plan or plan resubmission. (i) If a 26 plan or plan resubmission is denied, the department shall inform the 27 producer implementing an individual extended producer responsibility 28 program or producer responsibility organization in writing as to any 29 deficiencies in said plan or plan resubmission. A producer implementing 30 an individual extended producer responsibility program or producer 31 responsibility organization shall amend and resubmit any denied plans 32 for reconsideration within sixty days of notification of the denial of 33 said plan. The department shall approve or deny said plan within thirty 34 days of resubmission. 35 (ii) If a plan is denied a second time, the department will provide 36 the producer implementing an individual extended producer responsibility 37 program or producer responsibility organization with direction for meet- 38 ing any additional required elements of the plan it deems necessary. 39 (d) The department may rescind the approval of an approved plan at any 40 time for just cause. If a plan is rescinded, the department shall 41 inform the producer implementing an individual extended producer respon- 42 sibility program or producer responsibility organization in writing as 43 to any and all reasons why the plan was rescinded. A producer implement- 44 ing an individual extended producer responsibility program or producer 45 responsibility organization shall amend and resubmit any rescinded plans 46 for reconsideration within sixty days of notification of the rescission 47 of said plan. The department shall approve or reject said plan within 48 thirty days of resubmission. 49 5. The producer implementing an individual extended producer responsi- 50 bility program or producer responsibility organization shall notify the 51 department of any modification to the program. If the department deter- 52 mines that the producer responsibility plan has been substantially modi- 53 fied, the producer implementing an individual extended producer respon- 54 sibility program or producer responsibility organization, after 55 consultation with the advisory committee, shall submit a proposed plan 56 amendment describing the changes to the department within ninety days ofS. 4008 111 A. 3008 1 the determination. Within ninety days of receipt of a proposed amended 2 plan, the department shall determine whether the amended plan complies 3 with this title. The department shall send a letter notifying the 4 producer implementing an individual extended producer responsibility 5 program or producer responsibility organization of: (a) approval; or (b) 6 disapproval, including the reasons for rejecting the plan. The producer 7 implementing an individual extended producer responsibility program or 8 producer responsibility organization shall provide the department's 9 letter of disapproval to the advisory committee. The producer imple- 10 menting an individual extended producer responsibility program or 11 producer responsibility organization shall submit a revised plan within 12 sixty days after receipt of the letter of disapproval. 13 6. The producer implementing an individual extended producer responsi- 14 bility program or producer responsibility organization shall reimburse 15 the department annually at the time of annual reporting for the actual 16 costs to administer and enforce this title, which shall be deposited to 17 the credit of the waste reduction, reuse, and recycling fund established 18 pursuant to section ninety-two-kk of the state finance law. 19 § 27-3411. Reporting requirements and audits. 20 1. Fifteen months after the first plan of a producer implementing an 21 individual extended producer responsibility program or producer respon- 22 sibility organization is implemented, and annually thereafter, each 23 producer implementing an individual extended producer responsibility 24 program, or each producer responsibility organization, shall submit a 25 report to the department that details the prior calendar year's program. 26 The report shall be posted on the website of the producer implementing 27 an individual extended producer responsibility program or producer 28 responsibility organization and on the department's website. 29 2. Such annual report shall include: 30 (a) a detailed description of the methods used to collect, transport, 31 and process packaging and paper products including detailing collection 32 methods made available to consumers and an evaluation of the program's 33 collection convenience; 34 (b) a detailed description of the amount of packaging and paper 35 products sold, offered for sale, or distributed to consumers in the 36 state on an annual basis, including a percentage of packaging and paper 37 products sold, offered for sale, or distributed to consumers in the 38 state through internet transactions; 39 (c) the amount per ton or amount per unit, of packaging and paper 40 products collected for reuse or recycling in the state, by material 41 type; 42 (d) the amount per ton or amount per unit, by material type, of pack- 43 aging and paper products collected for reuse or recycling in the state 44 by the method of disposition; 45 (e) the total cost of implementing the program; 46 (f) financial statements detailing all deposits received and 47 reimbursements paid by the producers covered by the approved plan; 48 (g) a detailed accounting of how the program compensated munici- 49 palities, solid waste collection, transportation, sorting, and reproc- 50 essing companies, and other entities, for their recycling efforts and 51 other related services; 52 (h) a description of investments made in infrastructure and market 53 development in New York state as related to the needs identified, 54 including the amount spent expressed as a percentage of the program's 55 total annual expenditures;S. 4008 112 A. 3008 1 (i) a description of investments made and an evaluation of the effec- 2 tiveness of outreach and education efforts to determine whether changes 3 are necessary to improve those outreach and education efforts. If the 4 department determines improvements are necessary, the producer imple- 5 menting an individual extended producer responsibility program or 6 producer responsibility organization shall develop new and improved 7 outreach and education methods for approval by the department; 8 (j) samples of all educational materials provided to consumers or 9 other entities; 10 (k) a detailed list of efforts undertaken and an evaluation of the 11 methods used to disseminate such materials including recommendations, if 12 any, for how the educational component of the program can be improved; 13 (l) the achieved source reduction rates, post-consumer recycled 14 content rates, recovery rates, and recycling rates for packaging and 15 paper product material types, how the rates were derived, and a 16 discussion of how these rates may be improved. If, upon consultation 17 with the advisory committee, there is reason to adjust minimum rates, 18 the annual report shall include suggestions and justifications for the 19 department to consider revision of such rates in regulation; 20 (m) a detailed description of any efforts undertaken to reduce the 21 amount of packaging used; changes in material types used in packaging 22 that have helped to improve recyclability, post-consumer recycled 23 content rates, recovery rates, recycling rates for packaging, greenhouse 24 gas emissions, and the effect on program implementation costs from such 25 efforts; 26 (n) a discussion on the feasibility to increase consumer convenience 27 through curbside collection, facility drop-off, collection events or 28 other alternatives, and to expand the program, for example, to include 29 additional service to consumers without previous access to recycling 30 collection, and public spaces, as well as a discussion on how the 31 producer implementing an individual extended producer responsibility 32 program or producer responsibility organization plans for continuous 33 improvement; and 34 (o) any other information as specified by the department in regu- 35 lation. 36 3. Prior to the submission of the annual report, all data and informa- 37 tion that is material to the department's review of the program's 38 compliance with the requirements of this title shall be annually audited 39 and verified by an independent third-party auditor, approved by the 40 department. This includes, but is not limited to, a review and verifica- 41 tion of all financial documentation and all information related to the 42 source reduction rates, material recycling rates, recovery rates, and 43 the post-consumer recycled content rates. A copy of the independent 44 audit shall be included in the annual report. 45 4. The department shall not require public reporting of any confiden- 46 tial information that the department determines to be a trade secret, 47 confidential commercial information, or critical infrastructure informa- 48 tion, in accordance with article six of the public officers law and the 49 department's rules and regulations promulgated pursuant thereto. 50 § 27-3413. Antitrust protections. 51 A producer implementing an individual extended producer responsibility 52 program or producer responsibility organization that organizes the 53 collection, transportation, and processing of packaging and paper 54 products, in accordance with a producer responsibility program plan 55 approved under this title, shall not be liable for any claim of a 56 violation of antitrust, restraint of trade, or unfair trade practiceS. 4008 113 A. 3008 1 arising from conduct undertaken in accordance with the program pursuant 2 to this title; provided, however, this section shall not apply to any 3 agreement establishing or affecting the price of packaging or a paper 4 product, or the output or production of any agreement restricting the 5 geographic area or customers to which packaging or a paper product will 6 be sold. 7 § 27-3415. Penalties. 8 1. Except as otherwise provided in this section, any person or entity 9 that violates any provision of or fails to perform any duty imposed 10 pursuant to this title or any rule or regulation promulgated pursuant 11 thereto, or any final determination or order of the commissioner made 12 pursuant to this article or article seventy-one of this chapter shall be 13 liable for a civil penalty not to exceed five hundred dollars for each 14 violation and an additional penalty of not more than five hundred 15 dollars for each day during which such violation continues. 16 2. (a) Any producer or producer responsibility organization who 17 violates any provision of or fails to perform any duty imposed pursuant 18 to this title or any rule or regulation promulgated pursuant thereto, or 19 any final determination or order of the commissioner made pursuant to 20 this article or article seventy-one of this chapter shall be liable for 21 a civil penalty not to exceed ten thousand dollars for each violation 22 and an additional penalty of not more than three thousand dollars for 23 each day during which such violation continues. 24 (b) All producers participating in a producer responsibility organiza- 25 tion shall be jointly and severally liable for any penalties assessed 26 against the producer responsibility organization pursuant to this title 27 and article seventy-one of this chapter. 28 3. Civil penalties under this section shall be assessed by the depart- 29 ment after an opportunity to be heard pursuant to the provisions of 30 section 71-1709 of this chapter, or by the court in any action or 31 proceeding pursuant to section 71-2727 of this chapter, and in addition 32 thereto, such person or entity may by similar process be enjoined from 33 continuing such violation and any permit, registration, or other 34 approval issued by the department may be revoked or suspended or a pend- 35 ing renewal denied. 36 4. The department and the attorney general are hereby authorized to 37 enforce the provisions of this title and all monies collected shall be 38 deposited to the credit of the waste reduction, reuse, and recycling 39 fund as established pursuant to section ninety-two-kk of the state 40 finance law. 41 § 27-3417. State preemption. 42 Jurisdiction in all matters pertaining to costs and funding mechanisms 43 of producer responsibility organizations relating to the recovery of 44 packaging and paper products by this title, is vested exclusively in the 45 state, provided however that nothing in this section shall (i) relieve a 46 municipality from complying with the requirements under existing law or 47 prohibit a municipality from enforcing such existing law, (ii) preclude 48 a municipality or solid waste collection company from determining what 49 additional materials shall be required to be source separated for reuse 50 or recycling in a municipality, or (iii) preclude a municipality or 51 solid waste collection company from coordinating the collection of pack- 52 aging and paper products for recycling or reuse. 53 § 27-3419. Authority to promulgate rules and regulations. 54 The department shall have the authority to promulgate rules and regu- 55 lations necessary and appropriate for the administration of this title,S. 4008 114 A. 3008 1 including but not limited to plan implementation, registration and 2 administrative fee schedules, waivers, and adjustments of rates. 3 § 27-3421. Severability. 4 The provisions of this title shall be severable and if any phrase, 5 clause, sentence, or provision of this title or the applicability there- 6 of to any person or circumstance shall be held invalid, the remainder of 7 this title and the application thereof shall not be affected thereby. 8 § 4. The state finance law is amended by adding a new section 92-kk to 9 read as follows: 10 § 92-kk. Waste reduction, reuse, and recycling fund. 1. There is here- 11 by established in the joint custody of the state comptroller and the 12 commissioner of the department of taxation and finance, a special fund 13 to be known as the "waste reduction, reuse, and recycling fund". 14 2. The waste reduction, reuse, and recycling fund shall consist of all 15 revenue collected from initial producer registration fees and plan 16 implementation registration and administrative fees pursuant to title 17 thirty-four of article twenty-seven of the environmental conservation 18 law and any cost recoveries or other revenues collected pursuant to 19 title thirty-four of article twenty-seven of the environmental conserva- 20 tion law, and any other monies deposited into the fund pursuant to law. 21 3. Moneys of the fund, subject to appropriation, shall be used for 22 execution of the program pursuant to title thirty-four of article twen- 23 ty-seven of the environmental conservation law, and expended for the 24 purposes as set forth in title thirty-four of article twenty-seven of 25 the environmental conservation law and may be made available for grants 26 for planning and implementation related to waste reduction, reuse, and 27 recycling based on funding availability and needs determined by the 28 department of environmental conservation. 29 § 5. This act shall take effect January 1, 2024. 30 PART QQ 31 Section 1. Section 56-0501 of the environmental conservation law is 32 amended by adding a new subdivision 3 to read as follows: 33 3. Beginning in state fiscal year two thousand twenty-three--two thou- 34 sand twenty-four, environmental restoration projects may be funded with- 35 in available appropriations. 36 § 2. Subdivision 1 of section 56-0502 of the environmental conserva- 37 tion law is REPEALED. 38 § 3. Subdivisions 1-a and 5 of section 56-0502 of the environmental 39 conservation law, subdivision 1-a as added and subdivision 5 as amended 40 by section 2 of part D of chapter 577 of the laws of 2004, are amended 41 and a new subdivision 1 is added to read as follows: 42 1. "Contaminant" shall mean hazardous waste as defined in section 43 27-1301 of this chapter, petroleum as defined in section one hundred 44 seventy-two of the navigation law, and emerging contaminants as defined 45 in section eleven hundred twelve of the public health law. 46 1-a. "Contamination" or "contaminated" shall [have the same meaning as47provided in section 27-1405 of this chapter] mean the presence of a 48 contaminant in any environmental media, including soil, surface water, 49 groundwater, air, or indoor air. 50 5. "Municipality", for purposes of this title, shall have the same 51 meaning as provided in subdivision fifteen of section 56-0101 of this 52 article, except that such term shall not refer to a municipality that 53 [generated, transported, or disposed of, arranged for, or that caused54the generation, transportation, or disposal of contamination located atS. 4008 115 A. 3008 1real property proposed to be investigated or to be remediated under an2environmental restoration project. For purposes of this title, the term3municipality includes a municipality acting in partnership with a commu-4nity based organization], through deliberate action or inaction, inten- 5 tionally or recklessly caused or contributed to contamination, outside 6 of its performance of governmental functions, which threatens public 7 health or the environment, at real property to be investigated or reme- 8 diated under an environmental restoration project. 9 § 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ- 10 mental conservation law, as amended by section 38 of part BB of chapter 11 56 of the laws of 2015, is amended to read as follows: 12 (c) A provision that the municipality shall assist in identifying a 13 responsible party by searching local records, including property tax 14 rolls, or document reviews, and if, in accordance with the required 15 departmental approval of any settlement with a responsible party, any 16 responsible party payments become available to the municipality, before, 17 during or after the completion of an environmental restoration project, 18 which were not included when the state share was calculated pursuant to 19 this section, [the state assistance share shall be recalculated, and] 20 the value of such settlement shall be used by the municipality to fund 21 its municipal share, and the state assistance share shall not be recal- 22 culated, to the extent that the total of all such settlement amounts is 23 equal to or less than the municipal share. To the extent the total of 24 all such settlement amounts exceeds the municipal share, the munici- 25 pality shall pay such exceedance to the state, for deposit into the 26 environmental restoration project account of the hazardous waste remedi- 27 al fund established under section ninety-seven-b of the state finance 28 law[, the difference between the original state assistance payment and29the recalculated state share. Recalculation of the state share shall be30done each time a payment from a responsible party is received by the31municipality]; 32 § 5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505 33 of the environmental conservation law, as amended by section 5 of part D 34 of chapter 1 of the laws of 2003, are amended and two new paragraphs (f) 35 and (g) are added to read as follows: 36 (a) the benefit to the environment and public health realized by the 37 expeditious remediation of the property proposed to be subject to such 38 project; 39 (d) real property in a designated brownfield opportunity area pursuant 40 to section nine hundred seventy-r of the general municipal law or real 41 property in a disadvantaged community pursuant to subdivision five of 42 section 75-0101 of this chapter; [and] 43 (e) the opportunity for other funding sources to be available for the 44 investigation or remediation of such property, including, but not limit- 45 ed to, enforcement actions against responsible parties (other than the 46 municipality to which state assistance was provided under this title; or 47 a successor in title, lender, or lessee who was not otherwise a respon- 48 sible party prior to such municipality taking title to the property), 49 state assistance payments pursuant to title thirteen of article twenty- 50 seven of this chapter, and the existence of private parties willing to 51 remediate such property using private funding sources. Highest priority 52 shall be granted to projects for which other such funding sources are 53 not available[.], excluding state or federal funds for the investigation 54 or remediation project received or to be received by the municipality; 55 (f) for drinking water contamination sites as defined in section 56 27-1201 of this chapter, any requirements made by the commissioner ofS. 4008 116 A. 3008 1 health pursuant to section 27-1205 of this chapter, for a municipally 2 owned public water system to take action to reduce exposure to an emerg- 3 ing contaminant or contaminants; and 4 (g) any such other criteria deemed appropriate by the department. 5 § 6. Subdivision 2 of section 56-0505 of the environmental conserva- 6 tion law is REPEALED. 7 § 7. Subdivisions 3, 4, and 5 of section 56-0505 of the environmental 8 conservation law are renumbered subdivisions 2, 3, and 4 and subdivision 9 2, as amended by section 5 of part D of chapter 1 of the laws of 2003 10 and as renumbered by this section, is amended to read as follows: 11 2. The remediation objective of an environmental restoration remedi- 12 ation project shall meet the same standard for protection of public 13 health and the environment that applies to remedial actions undertaken 14 pursuant to [section] sections 27-1313 and 27-1205 of this chapter. 15 § 8. Subdivision 3 of section 56-0509 of the environmental conserva- 16 tion law, as amended by section 4 of part D of chapter 577 of the laws 17 of 2004, is amended to read as follows: 18 3. The state shall indemnify and save harmless any municipality[,] 19 that completes an environmental restoration remediation project in 20 compliance with the terms and conditions of a state assistance contract 21 or written agreement pursuant to subdivision three of section 56-0503 of 22 this title providing such assistance and any successor in title, lessee, 23 or lender [identified in paragraph (a) of subdivision one of this24section in the amount of any judgment or settlement, obtained against25such municipality, successor in title, lessee, or lender in any court26for any common law cause of action arising out of the presence of any27contamination in or on property at anytime before the effective date of28a contract entered into pursuant to this title] for judgments or settle- 29 ments obtained against such municipality, successor in title, lessee, or 30 lender in any court for any common law cause of action arising out of 31 municipal actions related to the implementation of the environmental 32 restoration remediation project. Such municipality, successor in title, 33 lessee, or lender shall be entitled to representation by the attorney 34 general, unless the attorney general determines, or a court of competent 35 jurisdiction determines, that such representation would constitute a 36 conflict of interest, in which case the attorney general shall certify 37 to the comptroller that such party is entitled to private counsel of its 38 choice, and reasonable attorneys' fees and expenses shall be reimbursed 39 by the state. Any settlement of such an action shall be subject to the 40 approval of the attorney general as to form and amount, and this subdi- 41 vision shall not apply to any settlement of any such action which has 42 not received such approval. 43 § 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter 44 413 of the laws of 1996, a memorandum of understanding shall not be 45 required to make available twenty million dollars ($20,000,000) from the 46 Clean Water/Clean Air Bond Act of 1996 for state assistance payments to 47 municipalities for environmental remediation in accordance with title 5 48 of article 56 of the environmental conservation law. 49 § 10. This act shall take effect immediately. 50 PART RR 51 Section 1. The section heading of section 11-0935 of the environmental 52 conservation law, as added by section 1 of part ZZ of chapter 55 of the 53 laws of 2021, is amended to read as follows: 54 Deer hunting [pilot] program.S. 4008 117 A. 3008 1 § 2. Section 2 of part ZZ of chapter 55 of the laws of 2021 amending 2 the environmental conservation law relating to establishing a deer hunt- 3 ing pilot program is amended to read as follows: 4 § 2. This act shall take effect June 1, 2021 [and shall expire and be5deemed repealed December 31, 2023]. 6 § 3. This act shall take effect immediately. 7 PART SS 8 Section 1. Section 33-0705 of the environmental conservation law, as 9 amended by section 1 of item NN of subpart B of part XXX of chapter 58 10 of the laws of 2020, is amended to read as follows: 11 § 33-0705. Fee for registration. 12 The applicant for registration shall pay a fee as follows: 13 a. [On or before July 1, 2023, six] Six hundred dollars for each 14 pesticide proposed to be registered, provided that the applicant has 15 submitted to the department proof in the form of a federal income tax 16 return for the previous year showing gross annual sales, for federal 17 income tax purposes, of three million five hundred thousand dollars or 18 less; and 19 b. [On or before July 1, 2023, for] For all others, six hundred twenty 20 dollars for each pesticide proposed to be registered[;21c. After July 1, 2023, fifty dollars for each pesticide proposed to be22registered]. 23 § 2. Section 9 of chapter 67 of the laws of 1992, amending the envi- 24 ronmental conservation law relating to pesticide product registration 25 timetables and fees, as amended by section 2 of item NN of subpart B of 26 part XXX of chapter 58 of the laws of 2020, is amended to read as 27 follows: 28 § 9. This act shall take effect April 1, 1992 provided, however, that 29 section three of this act shall take effect July 1, 1993 [and shall30expire and be deemed repealed on July 1, 2023]. 31 § 3. This act shall take effect July 1, 2023. 32 PART TT 33 Section 1. Short title. This act shall be known and may be cited as 34 the "Suffolk County water quality restoration act". 35 § 2. Legislative intent. The county of Suffolk ("county"), with a 36 population of one million five hundred thousand persons, has in excess 37 of three hundred eighty thousand existing onsite systems, comprised 38 mostly of cesspools and septic systems, with two hundred nine thousand 39 of these onsite systems in environmentally sensitive areas which could 40 benefit from nitrogen-reducing technologies. The United States Environ- 41 mental Protection Agency recognizes Long Island as having a sole source 42 aquifer system for its drinking water supply. Suffolk county has an 43 imminent need to preserve this valuable water resource by reducing the 44 amount of nitrogen discharged into the groundwater by onsite systems. 45 The full water cycle is impacted by increasing quantities of nutrients, 46 pathogens, pesticides, volatile organic contaminants and saltwater 47 intrusion, as well as a number of emerging threats such as prescription 48 drugs and sea level rise. 49 The Suffolk county subwatersheds wastewater plan ("SWP"), certified by 50 the department of environmental conservation as a Nine Elements 51 Watershed (9E) plan, has documented the devastating effects of highS. 4008 118 A. 3008 1 levels of nitrogen pollution, not only on the drinking water quality, 2 but also on coastal ecosystems, dissolved oxygen, water clarity, 3 eelgrass, wetlands, shellfish, coastal resilience and in triggering 4 harmful algal blooms. The SWP, is a long-term plan to address the need 5 for wastewater treatment infrastructure throughout the county comprehen- 6 sively over a period of fifty years. The SWP delineates the source and 7 concentration of nitrogen loading in one hundred ninety-one subwat- 8 ersheds throughout the county, and establishes nitrogen reduction goals 9 for each watershed. 10 For many areas of the county, installing or connecting sewers is not a 11 practical or cost-effective method of treating wastewater. For that 12 reason, the SWP prescribes a hybrid approach that relies on sewering 13 where feasible, and the replacement of cesspools and septic systems with 14 innovative/alternative onsite wastewater treatment systems. The consol- 15 idation of any or all of the twenty-seven county sewer districts, as 16 well as unsewered areas of the county, into a county-wide wastewater 17 management district would allow for the implementation of a much needed 18 integrated long-term wastewater solution for the county through compre- 19 hensive planning and management to improve water quality and support new 20 housing production. 21 The purpose of this act is to create a water quality restoration fund 22 to finance projects for the protection, preservation, and rehabilitation 23 of groundwater and surface waters as recommended by the SWP. This act 24 would allow the funding of projects that will mitigate wastewater pollu- 25 tants utilizing the best available technology consistent with the SWP 26 and address barriers to housing and economic development. 27 This act shall provide Suffolk county with the authority to create a 28 county-wide wastewater management district through the consolidation of 29 existing county special districts with currently unsewered areas of the 30 county and the authority to consolidate existing town districts and 31 village sewer systems. A county-wide wastewater management district will 32 provide an integrated and efficient approach to managing wastewater 33 services across the county; allow the county to enhance and expand its 34 incentive program to property owners to upgrade their wastewater treat- 35 ment systems without risk of adverse personal income tax consequences; 36 to manage, monitor and enforce nitrogen reduction programs throughout 37 the county; to complete additional sewer extension projects; improve the 38 economic wellbeing of communities; make progress on barriers to housing 39 development; and provide an opportunity to consolidate and streamline 40 the county's existing sewer district system and normalize the inequita- 41 ble rate structure that has long existed. 42 § 3. The county law is amended by adding a new section 256-b to read 43 as follows: 44 § 256-b. Suffolk county wastewater management district. 1. (a) 45 Notwithstanding the provisions of any general, special or local law to 46 the contrary, including this article, the county legislature of Suffolk 47 county is hereby authorized to establish by resolution a Suffolk county 48 wastewater management district, hereinafter referred to in this section 49 as the "district", which shall include all powers of a sewer district 50 and a wastewater disposal district as provided in section two hundred 51 fifty of this article and as set forth in this subdivision, pursuant to 52 the procedure contained in this section. 53 (b) In addition to the powers provided in section two hundred fifty of 54 this article, the district shall have the power, as determined by the 55 county legislature, to: (i) consolidate all of the original sewer 56 districts within the county as well as unsewered areas of the county,S. 4008 119 A. 3008 1 under the jurisdiction of the district; (ii) establish one or more zones 2 of assessment within the district based upon territorial boundaries, the 3 method of wastewater collection, treatment and disposal, existing or 4 proposed, or both, and make changes to such zones of assessments; (iii) 5 acquire interests in real property which may be completed by the trans- 6 fer of property of original sewer districts to the district, necessary 7 for the installation and maintenance of district facilities; (iv) prior- 8 itize district projects in accordance with the Suffolk county subwat- 9 ershed wastewater plan (SWP) adopted by the county legislature, and any 10 amendments thereto; (v) receive funds from the county or the water qual- 11 ity restoration fund, as established by subdivision eleven of this 12 section; (vi) assume and pay any remaining indebtedness of each original 13 sewer district; (vii) establish and provide for the collection of charg- 14 es, rates, taxes or assessments to provide for the costs of operation, 15 expenses, the sums sufficient to pay the annual installment of principal 16 of, and interest on, obligations for improvements of the district, main- 17 tenance and improvements of the district, including but not limited to: 18 (A) special assessment as defined in subdivision fifteen of section one 19 hundred two of the real property tax law; (B) special ad valorem levy as 20 defined in subdivision fourteen of section one hundred two of the real 21 property tax law; (C) sewer rent as provided under article fourteen-F of 22 the general municipal law; (viii) distribute grant proceeds within the 23 district in accordance with the goals established in the SWP; and (ix) 24 adopt, amend and repeal, from time to time, rules and regulations for 25 the operation of a county district. 26 2. Boundaries. The boundaries of the district upon formation shall 27 include the boundaries of all county special districts consolidated into 28 the district and all unsewered areas of the county. The ultimate purpose 29 of the district shall be to consolidate and extend the district bounda- 30 ries to coincide with the territorial boundaries of the county of 31 Suffolk. 32 3. County agency review and report. The county legislature shall 33 direct the county agency, appointed or established pursuant to section 34 two hundred fifty-one of this article, to review and report thereon to 35 the county legislature on the creation of the district and the merger 36 therewith of any or all existing county sewer districts in accordance 37 with this section and such other details as may be directed by the coun- 38 ty legislature consistent with this article. When the agency has caused 39 such report to be prepared, it shall transmit it to the county legisla- 40 ture. Upon receipt of the report, the county legislature shall call a 41 public hearing pursuant to subdivision five of this section to create a 42 Suffolk county wastewater management district in accordance with this 43 section. Such report shall be filed in the office of the clerk of the 44 legislature of Suffolk county. 45 4. Resolution. The county legislature of Suffolk county may adopt a 46 resolution calling a public hearing upon the proposed creation of the 47 district. 48 5. Notice. The clerk of the county legislature shall give notice of 49 the hearing described in subdivision four of this section in such news- 50 papers and within such time period as set forth in section two hundred 51 fifty-four of this article. Such notice shall specify the time, date 52 and location of such hearing and, in general terms, describe the 53 proposed establishment of the district and the proposed basis of the 54 future assessment of all costs of operation, maintenance and improve- 55 ments of the district.S. 4008 120 A. 3008 1 6. Hearing and resolution to establish. (a) The county legislature 2 shall meet at the time, date and location specified in such notice and 3 hear all persons interested in the subject matter thereof concerning the 4 same. If the county legislature determines that it is in the public 5 interest to establish the district as specified in such notice, it shall 6 further determine by resolution: (i) whether all property and property 7 owners within the proposed district are benefited thereby; and (ii) 8 whether all of the property and property owners benefited are included 9 within the limits of the proposed district, the county legislature may 10 adopt a resolution, subject to a mandatory referendum, establishing the 11 district. 12 (b) The permission of the state comptroller shall not be required to 13 establish a district created pursuant to this section. 14 7. Notice of adoption of resolution. Within ten days after the 15 adoption by the county legislature of the resolution to establish the 16 district described in subdivision six of this section, the county legis- 17 lature shall give notice thereof, at the expense of the county, by the 18 publication of a notice in such newspapers and within such time period 19 as set forth in section one hundred of this chapter. Such notice shall 20 set forth the date of adoption of the resolution and contain an abstract 21 of such resolution, describing, in general terms, the district, the 22 basis for the future assessment of all costs of operation, maintenance 23 and improvements, and that such resolution was adopted subject to a 24 mandatory referendum. 25 8. Assessments, levys and charges. After the establishment of the 26 district in accordance with this section, the county is hereby author- 27 ized by resolution approved by majority vote of the total membership of 28 the county legislature to assess, levy and collect upon each lot or 29 parcel of land subject to taxation within the district: (a) special 30 assessment as that term is defined in subdivision fifteen of section one 31 hundred two of the real property tax law; (b) special ad valorem levy as 32 that term is defined in subdivision fourteen of section one hundred two 33 of the real property tax law; and (c) sewer rents as provided by article 34 fourteen-F of the general municipal law. Such costs and expenses may 35 include, but shall not be limited to, the amount of money required to 36 pay the annual expenses of maintenance, operation, personnel services of 37 the district and the sums sufficient to pay the annual installment of 38 principal of, and interest on, obligations for improvements of the 39 district. Such sums so levied shall be collected by the local tax 40 collectors or receivers of taxes and assessments and shall be paid over 41 to the chief fiscal officer of the county, in the same manner and at the 42 same time as taxes levied for general county purposes. The chief fiscal 43 officer shall keep a separate account of such moneys and they shall be 44 used only for purposes set forth in this section, and in addition, all 45 monies collected from each zone of assessment established or amended in 46 accordance with this section shall be further segregated and shall not 47 be commingled with monies of other zones of assessment except upon 48 approval by resolution of the county legislature upon recommendation of 49 the district board of trustees established in accordance with the 50 Suffolk county water quality restoration act. 51 9. Other laws. All provisions of the real property tax law and the 52 Suffolk county tax act, as the same may be amended from time to time, 53 not inconsistent with the provisions of this article, relating to the 54 assessing, levy and collection and enforcement of special assessments, 55 ad valorem levies and sewer rents in the county shall apply and be ofS. 4008 121 A. 3008 1 equal force and applicability to special assessments, ad valorem levies 2 and sewer rents authorized pursuant to this section. 3 10. Towns and villages. This section shall not be construed as merging 4 the sewer districts of towns and villages within the county of Suffolk 5 into the district created by this section, however the merger of any 6 town or village district, or village sewerage system with the district 7 shall be in accordance with section two hundred seventy-seven of this 8 article and shall consolidate with the Suffolk county wastewater manage- 9 ment district and result in the extension of this district's boundaries. 10 11. Water quality restoration fund. (a) Notwithstanding any provision 11 of law to the contrary, monies shall be deposited in a special fund by 12 the county of Suffolk, to be designated as the water quality restoration 13 fund, to be created by said county therefor, separate and apart from any 14 other funds and accounts of the county. In no event shall monies depos- 15 ited in the fund be transferred to any other account. Deposits into the 16 fund may include revenues of Suffolk county from whatever source. The 17 fund shall be able to receive any state grants or funding and also be 18 authorized to accept gifts of funds. Interest accrued by monies deposit- 19 ed into the fund shall be credited to the fund. The procedural require- 20 ments of this subdivision shall only apply to projects that intend to 21 use monies from the water quality restoration fund and nothing contained 22 in this section shall be construed to prevent the financing in whole or 23 in part, pursuant to the local finance law, of any project authorized 24 pursuant to this section. Monies from the fund may be utilized to repay 25 any indebtedness or obligations incurred pursuant to the local finance 26 law consistent with effectuating the purposes of this section. Monies 27 in said fund may be appropriated from or expended in any fiscal year to 28 implement the powers set forth in this section and to repay any indebt- 29 edness or obligations incurred pursuant to the local finance law for the 30 purposes authorized pursuant to this section. 31 (b) (i) For purposes of this section: "water quality improvement 32 project" shall mean the planning, design, construction, acquisition, 33 enlargement, extension, or alteration of a wastewater treatment facili- 34 ty, including individual hookups, or an individual septic system, 35 including an alternative wastewater treatment facility or an individual 36 septic system with active treatment, to treat, neutralize, stabilize, 37 eliminate or partially eliminate sewage or reduce pollutants, including 38 permanent or pilot demonstration wastewater treatment projects, or 39 equipment or furnishings thereof. Such projects shall have as their 40 purpose the remediation of existing water quality to meet specific water 41 quality standards consistent with the SWP. Projects consistent with or 42 listed in the SWP that are part of a plan adopted by a local government 43 resulting in a net nitrogen reduction shall be eligible for consider- 44 ation by the district board of trustees, established in accordance with 45 subdivision six of this section. 46 (ii) Other than for the payment of indebtedness or obligations 47 incurred as set forth in paragraph (a) of this subdivision, and except 48 for the preparation of the SWP implementation plan, itself, no monies 49 may be expended until the SWP implementation plan has been prepared and 50 approved as provided for in this section. 51 (c) (i) Within the local law establishing the water quality restora- 52 tion fund, the county shall establish a district board of trustees of 53 seventeen members to prepare, review and approve the SWP implementation 54 plan for submission to the county executive and county legislature and 55 shall specify the powers and duties of the district board of trustees, 56 including the procedures for appointment of a chairperson. SuchS. 4008 122 A. 3008 1 approval shall be in addition to all other approvals required by law. 2 The board of trustees shall consist of: (A) a representative from the 3 department of environmental conservation; (B) a representative from the 4 East End supervisors and mayors association; (C) a representative of the 5 Suffolk town supervisors association; (D) a representative of the 6 Suffolk County Village Officials Association; (E) a town representative 7 from the State Central Pine Barrens Joint Planning and Policy Commission 8 to be designated by the commission; (F) a municipal representative from 9 the Peconic Estuary Partnership; (G) a municipal representative from the 10 State South Shore Estuary Reserve; (H) a municipal representative from 11 the Long Island Sound Estuary; (I) a representative of the Long Island 12 Federation of Labor; (J) a representative of Building and Construction 13 Trades Council of Nassau & Suffolk counties; (K) a representative from a 14 regional environmental organization; (L) the chair of the Suffolk county 15 planning commission; (M) the county executive or designee; (N) the 16 presiding officer of the county legislature or designee; (O) the minori- 17 ty leader of the county legislature or designee; (P) the county depart- 18 ment of public works commissioner or designee; and (Q) the county 19 department of health services commissioner or designee. 20 (ii) The powers and duties of the district board of trustees shall 21 oversee the annual audit pursuant to paragraph (e) of this subdivision, 22 making prudent recommendations for resource allocations for county-ap- 23 proved alternative wastewater treatment technologies not contemplated in 24 the Suffolk county subwatersheds wastewater plan and long-term progress 25 monitoring of the implementation of the Suffolk county subwatersheds 26 wastewater plan regarding achievements of nitrogen load reductions and 27 ecological endpoints. 28 (d) SWP implementation plan. The district board of trustees shall 29 prepare, review and approve and submit to the county executive the SWP 30 implementation plan within one year of the effective date of this 31 section, and in every five years thereafter in a like manner. The board 32 of trustees shall conduct a public hearing on said plan before its 33 adoption or subsequent amendment. Said plan shall list every water qual- 34 ity restoration project which the county plans to undertake pursuant to 35 the fund and shall state how such project would improve existing water 36 quality. Funds may only be expended pursuant to this section for 37 projects which have been included in said plan. Said plan shall be 38 consistent with state, federal, county, and local government land use 39 and wastewater management plans. After submission and approval by the 40 county executive, such plan shall be submitted to the county legisla- 41 ture. Upon review, the county legislature shall determine, by local 42 law, whether to approve the proposed plan, if the plan is denied, the 43 plan shall be remanded to the board of trustees for further study. Such 44 plan shall not become effective until approved by local law. Projects 45 may be added or removed from the currently effective SWP implementation 46 plan in a like manner. 47 (e) Annual audit. The county shall annually commission an independent 48 audit of the fund. The audit shall be conducted by an independent certi- 49 fied public accountant or an independent public accountant. Said audit 50 shall be performed by a certified public accountant or an independent 51 public accountant other than the one that performs the general audit of 52 the county's finances. Such audit shall be an examination of the fund 53 and shall determine whether the fund has been administered consistent 54 with the provisions of this section and all other applicable provisions 55 of state law. Said audit shall be initiated within sixty days of the 56 close of the fiscal year of the county and shall be completed within oneS. 4008 123 A. 3008 1 hundred twenty days of the close of the fiscal year. A copy of the 2 audit shall be submitted annually to the state comptroller and the coun- 3 ty comptroller. A copy of the audit shall be made available to the 4 public within thirty days of its completion. A notice of the completion 5 of the audit shall be published in the official newspaper of the county 6 and shall also be posted on the internet website for the county. The 7 cost of the audit may be a charge to the fund. 8 (f) Annual report. In addition to any other report required by this 9 section, the district board of trustees, through its chairperson, shall 10 deliver annually a report to the county legislature. Such report 11 shall be presented by May fifteenth of each year. The report shall 12 describe in detail the projects undertaken, the monies expended, and the 13 administrative activities of the water quality fund and district estab- 14 lished in accordance with this section, during the prior year. At the 15 conclusion of the report, the chairperson of the district board of trus- 16 tees shall be prepared to answer the questions of the county legislature 17 with respect to the projects undertaken, the monies expended, and the 18 administrative activities during the past year. 19 § 4. Paragraph a of section 11.00 of the local finance law is amended 20 by adding a new subdivision 109 to read as follows: 21 109. Septic systems. The acquisition, construction, or reconstruction 22 of or addition to septic systems funded by programs established by the 23 county of Suffolk, twenty-five years. 24 § 5. This act shall take effect immediately. 25 PART UU 26 Section 1. Paragraph (a) of section 11.00 of the local finance law is 27 amended by adding a new subdivision 109 to read as follows: 28 109. Lead service line replacement programs established by a munici- 29 pality, school district or district corporation, including, but not 30 limited to programs that inventory, design and replace publicly owned 31 and privately owned lead service lines within an established water 32 system, thirty years. As used in this subdivision, "lead service line" 33 means a service line made in whole or in part of lead, which connects a 34 water main to a building inlet. A lead service line may be owned by the 35 water system, a property owner, or both. A lead gooseneck, pigtail, or 36 connector shall be eligible for replacement regardless of the service 37 line material to which a lead gooseneck, pigtail, or connector is 38 attached. Gooseneck, pigtail, or connector means a short section of 39 piping, typically not exceeding two feet, which can be bent and used for 40 connections between rigid service piping. A galvanized iron or steel 41 service line is considered a lead service line if it ever was or is 42 currently downstream of any lead service line or service line of unknown 43 material. 44 § 2. This act shall take effect immediately. 45 PART VV 46 Section 1. Expenditures of moneys appropriated to the department of 47 agriculture and markets from the special revenue funds-other/state oper- 48 ations, miscellaneous special revenue fund-339, public service account 49 shall be subject to the provisions of this section. Notwithstanding any 50 other provision of law to the contrary, direct and indirect expenses 51 relating to the department of agriculture and markets' participation in 52 general ratemaking proceedings pursuant to section 65 of the publicS. 4008 124 A. 3008 1 service law or certification proceedings pursuant to article 7 or 10 of 2 the public service law, shall be deemed expenses of the department of 3 public service within the meaning of section 18-a of the public service 4 law. No later than August 15, annually, the commissioner of the depart- 5 ment of agriculture and markets shall submit an accounting of such 6 expenses, including, but not limited to, expenses in the prior state 7 fiscal year for personal and non-personal services and fringe benefits, 8 to the chair of the public service commission for the chair's review 9 pursuant to the provisions of section 18-a of the public service law. 10 § 2. Expenditures of moneys appropriated to the department of state 11 from the special revenue funds-other/state operations, miscellaneous 12 special revenue fund-339, public service account shall be subject to the 13 provisions of this section. Notwithstanding any other provision of law 14 to the contrary, direct and indirect expenses relating to the activities 15 of the department of state's utility intervention unit pursuant to 16 subdivision 4 of section 94-a of the executive law, including, but not 17 limited to participation in general ratemaking proceedings pursuant to 18 section 65 of the public service law or certification proceedings pursu- 19 ant to article 7 or 10 of the public service law, and expenses related 20 to the activities of the major renewable energy development program 21 established by section 94-c of the executive law, shall be deemed 22 expenses of the department of public service within the meaning of 23 section 18-a of the public service law. No later than August 15, annu- 24 ally, the secretary of state shall submit an accounting of such 25 expenses, including, but not limited to, expenses in the prior state 26 fiscal year for personal and non-personal services and fringe benefits, 27 to the chair of the public service commission for the chair's review 28 pursuant to the provisions of section 18-a of the public service law. 29 § 3. Expenditures of moneys appropriated to the office of parks, 30 recreation and historic preservation from the special revenue funds- 31 other/state operations, miscellaneous special revenue fund-339, public 32 service account shall be subject to the provisions of this section. 33 Notwithstanding any other provision of law to the contrary, direct and 34 indirect expenses relating to the office of parks, recreation and 35 historic preservation's participation in general ratemaking proceedings 36 pursuant to section 65 of the public service law or certification 37 proceedings pursuant to article 7 or 10 of the public service law, shall 38 be deemed expenses of the department of public service within the mean- 39 ing of section 18-a of the public service law. No later than August 15, 40 annually, the commissioner of the office of parks, recreation and 41 historic preservation shall submit an accounting of such expenses, 42 including, but not limited to, expenses in the prior state fiscal year 43 for personal and non-personal services and fringe benefits, to the chair 44 of the public service commission for the chair's review pursuant to the 45 provisions of section 18-a of the public service law. 46 § 4. Expenditures of moneys appropriated to the department of environ- 47 mental conservation from the special revenue funds-other/state oper- 48 ations, environmental conservation special revenue fund-301, utility 49 environmental regulation account shall be subject to the provisions of 50 this section. Notwithstanding any other provision of law to the contra- 51 ry, direct and indirect expenses relating to the department of environ- 52 mental conservation's participation in state energy policy proceedings, 53 or certification proceedings pursuant to article 7 or 10 of the public 54 service law, shall be deemed expenses of the department of public 55 service within the meaning of section 18-a of the public service law. No 56 later than August 15, annually, the commissioner of the department ofS. 4008 125 A. 3008 1 environmental conservation shall submit an accounting of such expenses, 2 including, but not limited to, expenses in the prior state fiscal year 3 for personal and non-personal services and fringe benefits, to the chair 4 of the public service commission for the chair's review pursuant to the 5 provisions of section 18-a of the public service law. 6 § 5. Notwithstanding any other law, rule or regulation to the contra- 7 ry, expenses of the department of health public service education 8 program incurred pursuant to appropriations from the cable television 9 account of the state miscellaneous special revenue funds shall be deemed 10 expenses of the department of public service. No later than August 15, 11 annually, the commissioner of the department of health shall submit an 12 accounting of expenses in the prior state fiscal year to the chair of 13 the public service commission for the chair's review pursuant to the 14 provisions of section 217 of the public service law. 15 § 6. Any expense deemed to be expenses of the department of public 16 service pursuant to sections one through four of this act shall not be 17 recovered through assessments imposed upon telephone corporations as 18 defined in subdivision 17 of section 2 of the public service law. 19 § 7. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on and after April 1, 2023. 21 PART WW 22 Section 1. Subdivision 2 of section 3-101 of the energy law, as 23 amended by chapter 374 of the laws of 2022, is amended to read as 24 follows: 25 2. to encourage conservation of energy and to promote the clean energy 26 and climate agenda, including but not limited to greenhouse gas 27 reduction, set forth within chapter one hundred six of the laws of two 28 thousand nineteen, also known as the New York state climate leadership 29 and community protection act, in the construction and operation of new 30 commercial, industrial, agricultural and residential buildings, and in 31 the rehabilitation of existing structures, through equipment and systems 32 including but not limited to heating, cooling, ventilation, lighting, 33 insulation and design techniques and the use of energy audits and life- 34 cycle costing analysis; 35 § 2. Subdivision 3 of section 11-103 of the energy law, as amended by 36 chapter 374 of the laws of 2022, is amended to read as follows: 37 3. Notwithstanding any other provision of law, the state fire 38 prevention and building code council in accordance with the mandate 39 under this article shall have exclusive authority among state agencies 40 to promulgate a construction code incorporating energy conservation 41 features and clean energy features applicable to the construction of any 42 building, including but not limited to greenhouse gas reduction. Any 43 other code, rule or regulation heretofore promulgated or enacted by any 44 other state agency, incorporating specific energy conservation and clean 45 energy requirements applicable to the construction of any building, 46 shall be superseded by the code promulgated pursuant to this section. 47 Notwithstanding the foregoing[,]: 48 (a) consistent with state energy policy as described in subdivisions 49 two and three of section 3-101 of this chapter, if any provision of the 50 code or any provision of the uniform code is, or may be, inconsistent 51 with or in conflict with any regulations promulgated pursuant to the New 52 York climate leadership and community protection act set forth within 53 chapter one hundred six of the laws of two thousand nineteen, product 54 performance standards adopted pursuant to article sixteen of this chap-S. 4008 126 A. 3008 1 ter, any regulation promulgated by the department of environmental 2 conservation pursuant to the environmental conservation law, or any 3 other law or regulation intended to further the state's clean energy and 4 climate agenda, and if such provision is designed to achieve a greater 5 amount of greenhouse gas or co-pollutant emissions reductions than the 6 inconsistent or conflicting provision of the code or uniform code, the 7 state fire prevention and building code council shall amend the code or 8 uniform code in a manner that would eliminate the inconsistency or 9 conflict, subject to any exemptions allowed by law and provided that 10 such amendment is consistent with the purposes and intent of this arti- 11 cle or article eighteen of the executive law, as applicable, with 12 accepted engineering practices, and with nationally recognized and 13 published standards that protect building occupant safety and reduce 14 fire risks; and 15 (b) nothing in this section shall be deemed to expand the powers of 16 the council to include matters that are exclusively within the statutory 17 jurisdiction of the public service commission, the department of envi- 18 ronmental conservation, the office of renewable energy siting or another 19 state entity. 20 § 3. Subdivision 6 of section 11-104 of the energy law, as added by 21 chapter 374 of the laws of 2022, is amended and two new subdivisions 7 22 and 8 are added to read as follows: 23 6. To the fullest extent feasible, the standards for construction of 24 buildings in the code shall be designed to help achieve the state's 25 clean energy and climate agenda, including but not limited to greenhouse 26 gas reduction, set forth within chapter one hundred six of the laws of 27 two thousand nineteen, also known as the New York state climate leader- 28 ship and community protection act, and as further identified by the New 29 York state climate action council established pursuant to section 30 75-0103 of the environmental conservation law. Consistent with the fore- 31 going: 32 (a) the code shall prohibit the installation of fossil-fuel equipment 33 and building systems, in any new one-family residential building of any 34 height or new multi-family residential building not more than three 35 stories in height on or after December thirty-first, two thousand twen- 36 ty-five, and the code shall prohibit the installation of fossil-fuel 37 equipment and building systems, in any new multi-family residential 38 building more than three stories in height or new commercial building on 39 or after December thirty-first, two thousand twenty-eight; and 40 (b) notwithstanding the provisions of paragraph (b) of subdivision one 41 of section 11-103 of this article and subject to such exemptions as may 42 be set forth in regulations promulgated pursuant to article sixteen of 43 this chapter, the code shall prohibit the installation of fossil-fuel 44 heating equipment and building systems at any time on or after January 45 first, two thousand thirty in any one-family residential building of any 46 height or multi-family residential building not more than three stories 47 in height existing on or after such date, and the code shall prohibit 48 the installation of fossil-fuel heating equipment and building systems 49 at any time on or after January first, two thousand thirty-five in any 50 multi-family residential building more than three stories in height or 51 commercial building existing on or after that date. 52 7. (a) The provisions set forth in paragraphs (a) and (b) of subdivi- 53 sion six of this section shall not be construed as prohibiting the 54 continued use and maintenance of fossil-fuel equipment and building 55 systems, including as related to cooking equipment, installed prior to 56 the effective date of the applicable prohibition. In addition, theS. 4008 127 A. 3008 1 provisions set forth in paragraphs (a) and (b) of subdivision six of 2 this section shall include such exemptions as the state fire prevention 3 and building code council deems appropriate for the purposes of allowing 4 the installation and use of fossil-fuel equipment and building systems 5 where such are installed and used: 6 (i) for generation of emergency back-up power; 7 (ii) in a manufactured home as defined in subdivision seven of section 8 six hundred one of the executive law; or 9 (iii) in a building or part of a building that is used as a manufac- 10 turing facility, commercial food establishment, laboratory, laundromat, 11 hospital, other medical facility, critical infrastructure such as backup 12 power for wastewater treatment facilities, or crematorium. 13 (b) Where the code includes an allowed exemption pursuant to subpara- 14 graph (i) or (iii) of paragraph (a) of this subdivision, such exemption 15 shall include provisions that, to the fullest extent feasible, limit the 16 use of fossil-fuel equipment and buildings systems to the system and 17 area of the building for which a prohibition on fossil-fuel equipment 18 and building systems is infeasible; require the area or service within a 19 new building where fossil-fuel equipment and building systems are 20 installed be electrification ready; and minimize emissions from the 21 fossil-fuel equipment and building systems that are allowed to be used, 22 provided that the provisions set forth in this paragraph do not adverse- 23 ly affect health, safety, security, or fire protection, and financial 24 considerations shall not be sufficient basis to determine physical or 25 technical infeasibility. 26 (c) Exemptions included in the code pursuant to this subdivision shall 27 be periodically reviewed by the state fire prevention and building code 28 council to assure that they continue to effectuate the purposes of 29 subdivision six of this section to the fullest extent feasible. The 30 state fire prevention and building code council may from time to time 31 amend such exemptions as necessary. 32 8. For the purposes of this section: 33 (a) "Fossil-fuel" means fuel used for combustion, in the form of any 34 of the following: natural gas derived from naturally occurring geologic 35 deposits of principally methane; petroleum; coal; or any form of solid, 36 liquid or gaseous fuel sourced from any of the foregoing materials. 37 (b) "Fossil-fuel equipment and building systems" shall mean (i) equip- 38 ment, as such term is defined in section 11-102 of this article, that 39 uses fossil-fuel; or (ii) systems embedded in a building that will be 40 used for or to support the supply, distribution, or delivery of fossil- 41 fuel for any purpose, other than for use by motor vehicles. 42 (c) "Fossil-fuel heating equipment and building systems" shall mean 43 (i) equipment, as such term is defined in section 11-102 of this arti- 44 cle, that uses fossil-fuel for space heating or hot water supply; or 45 (ii) systems embedded in a building that will be used for or to support 46 the supply, distribution, or delivery of fossil-fuel for space heating 47 or hot water supply. Fossil-fuel heating equipment and building systems 48 shall not include equipment and building systems related to cooking. 49 (d) "Electrification ready" means the new building or portion thereof 50 where fossil-fuel equipment and building systems are allowed to be used 51 which contains electrical systems and designs that provide sufficient 52 capacity for a future replacement of such fossil-fuel equipment and 53 building systems with electric-powered equipment, including but not 54 limited to sufficient space, drainage, electrical conductors or race- 55 ways, bus bar capacity, and overcurrent protective devices for such 56 electric-powered equipment.S. 4008 128 A. 3008 1 § 4. Section 16-109 of the energy law, as added by chapter 374 of the 2 laws of 2022, is amended to read as follows: 3 § 16-109. Conflicts with other laws. [Nothing in this] This article 4 [or in] and any regulation adopted pursuant to this article shall 5 [limit, impair, or supersede] be subject to the provisions of subdivi- 6 sion one of section three hundred eighty-three of the executive law [or] 7 and the provisions of subdivision three of section 11-103 of this chap- 8 ter. 9 § 5. Section 371 of the executive law, as added by chapter 707 of the 10 laws of 1981, is amended to read as follows: 11 § 371. Statement of legislative findings and purposes. 1. The legisla- 12 ture hereby finds and declares that: 13 a. The present level of loss of life, injury to persons, and damage to 14 property as a result of fire demonstrates that the people of the state 15 have yet to receive the basic level of protection to which they are 16 entitled in connection with the construction and maintenance of build- 17 ings; 18 b. There does not exist for all areas of the state a single, adequate, 19 enforceable code establishing minimum standards for fire protection and 20 construction, maintenance and use of materials in buildings. Instead, 21 there exists a multiplicity of codes and requirements for various types 22 of buildings administered at various levels of state and local govern- 23 ment. There are, in addition, extensive areas of the state in which no 24 code at all is in effect for the general benefit of the people of the 25 state; 26 c. The present system of enforcement of fire protection and building 27 construction codes is characterized by a lack of adequately trained 28 personnel, as well as inconsistent qualifications for personnel who 29 administer and enforce those codes; 30 d. Whether because of the absence of applicable codes, inadequate code 31 provisions or inadequate enforcement of codes, the threat to the public 32 health and safety posed by fire remains a real and present danger for 33 the people of the state; [and] 34 e. The fire protection and building construction code requirements 35 shall align with regulations promulgated pursuant to the New York 36 climate leadership and protection act set forth within chapter one 37 hundred six of the laws of two thousand nineteen so as to support the 38 reduction of greenhouse gas emissions as set forth in section eight of 39 such act; and 40 f. The multiplicity of fire protection and building construction code 41 requirements poses an additional problem for the people of the state 42 since it increases the cost of doing business in the state by perpetuat- 43 ing multiple requirements, jurisdictional overlaps and business uncer- 44 tainties, and, in some instances, by artificially inducing high 45 construction costs. 46 2. The legislature declares that it shall be the public policy of the 47 state of New York to: 48 a. Immediately provide for a minimum level of protection from the 49 hazards of fire in every part of the state; 50 b. Provide for the promulgation of a uniform code addressing building 51 construction and fire prevention in order to provide a basic minimum 52 level of protection to all people of the state from hazards of fire and 53 inadequate building construction. In providing for such a uniform code, 54 it is declared to be the policy of the state of New York to: 55 (1) reconcile the myriad existing and potentially conflicting regu- 56 lations which apply to different types of buildings and occupancies;S. 4008 129 A. 3008 1 (2) recognize that fire prevention and fire prevention codes are 2 closely related to the adequacy of building construction codes, that the 3 greatest portion of a building code's requirements are fire safety 4 oriented, and that fire prevention and building construction concerns 5 should be the subject of a single code; 6 (3) recognize that the decarbonization of new and existing buildings 7 is closely related to the state's clean energy and climate agenda as 8 described in the New York climate leadership and community protection 9 act set forth in chapter one hundred six of the laws of two thousand 10 nineteen, and that the uniform code shall enable the state's clean ener- 11 gy objectives to the maximum extent practicable; 12 (4) place public and private buildings on an equal plane with respect 13 to fire prevention and adequacy of building construction; 14 [(4)] (5) require new and existing buildings alike to keep pace with 15 advances in technology concerning fire prevention and building 16 construction, including, where appropriate, that provisions apply on a 17 retroactive basis; and 18 [(5)] (6) provide protection to both residential and non-residential 19 buildings; 20 c. Insure that the uniform code be in full force and effect in every 21 area of the state; 22 d. Encourage local governments to exercise their full powers to admin- 23 ister and enforce the uniform code; and 24 e. Provide for a uniform, statewide approach to the training and qual- 25 ification of personnel engaged in the administration and enforcement of 26 the uniform code. 27 § 6. Subdivision 2 of section 375 of the executive law, as amended by 28 chapter 309 of the laws of 1996, is amended to read as follows: 29 2. To study the operation of the uniform fire prevention and building 30 code, the state energy conservation construction code established by 31 article eleven of the energy law, local regulations and other laws 32 relating to the construction of buildings and the protection of build- 33 ings from fire to ascertain their effects upon the cost of building 34 construction and the effectiveness of their provisions for health, safe- 35 ty and security, particularly as such provisions relate to the 36 protection of life and property from the dangers of fire, and the effec- 37 tiveness of their provisions for the reduction of greenhouse gas emis- 38 sions and co-pollutants in furtherance of the state's clean energy and 39 climate agenda pursuant to the New York climate leadership and community 40 protection act set forth within chapter one hundred six of the laws of 41 two thousand nineteen. 42 § 7. Subdivision 19 of section 378 of the executive law, as renumbered 43 by chapter 47 of the laws of 2022, is renumbered subdivision 20 and a 44 new subdivision 19 is added to read as follows: 45 19. a. The uniform code shall prohibit the installation of fossil-fuel 46 equipment and building systems, in any new one-family residential build- 47 ing of any height or new multi-family residential building not more than 48 three stories in height on or after December thirty-first, two thousand 49 twenty-five, and the uniform code shall prohibit the installation of 50 fossil-fuel equipment and building systems, in any new multi-family 51 residential building more than three stories in height or new commercial 52 building on or after December thirty-first, two thousand twenty-eight. 53 b. Notwithstanding the provisions of section nineteen of chapter seven 54 hundred seven of the laws of nineteen hundred eighty-one and subject to 55 such exemptions as may be set forth in regulations promulgated pursuant 56 to article sixteen of the energy law, the uniform code shall prohibitS. 4008 130 A. 3008 1 the installation of fossil-fuel heating equipment and building systems 2 at any time on or after January first, two thousand thirty in any one- 3 family residential building of any height or multi-family residential 4 building not more than three stories in height existing on or after that 5 date, and the uniform code shall prohibit the installation of fossil- 6 fuel heating equipment and building systems at any time on or after 7 January first, two thousand thirty-five in any multi-family residential 8 building more than three stories in height or commercial building exist- 9 ing on or after that date. 10 c. The provisions set forth in paragraphs a and b of this subdivision 11 shall not be construed as prohibiting the continued use and maintenance 12 of fossil-fuel equipment and building systems, including as related to 13 cooking equipment, installed prior to the effective date of the applica- 14 ble prohibition. In addition, the provisions set forth in paragraphs a 15 and b of this subdivision shall include such exemptions as the state 16 fire prevention and building code council deems appropriate for the 17 purposes of allowing the installation and use of fossil-fuel equipment 18 and building systems where such systems are installed and used: 19 (i) for generation of emergency back-up power; 20 (ii) in a manufactured home as defined in subdivision seven of section 21 six hundred one of the executive law; or 22 (iii) in a building or part of a building that is used as a manufac- 23 turing facility, commercial food establishment, laboratory, laundromat, 24 hospital, other medical facility, critical infrastructure such as backup 25 power for wastewater treatment facilities, or crematorium. 26 d. Where the uniform code includes an allowed exemption pursuant to 27 subparagraph (i) or (iii) of paragraph c of this subdivision, such 28 exemption shall include provisions that, to the fullest extent feasible, 29 limit the use of fossil-fuel equipment and building systems to the 30 system and area of the building for which a prohibition on fossil-fuel 31 equipment and building systems is infeasible; require the area or 32 service within a new building where fossil-fuel equipment and building 33 systems are installed be electrification ready; and minimize emissions 34 from the fossil-fuel equipment and building systems that are allowed to 35 be used, provided that such provisions do not adversely affect health, 36 safety, security, or fire protection, and financial considerations shall 37 not be sufficient basis to determine physical or technical infeasibil- 38 ity. 39 e. Exemptions included in the uniform code pursuant to this subdivi- 40 sion shall be periodically reviewed by the code council to assure that 41 they continue to effectuate the purposes of paragraph e of subdivision 42 one and subparagraph three of paragraph b of subdivision two of section 43 three hundred seventy-one of this article to the fullest extent feasi- 44 ble. The code council may from time to time amend such exemptions as 45 necessary. 46 f. For the purposes of this subdivision: 47 (i) "Fossil-fuel" means fuel used for combustion, in the form of any 48 of the following: natural gas derived from naturally occurring geologic 49 deposits of principally methane; petroleum; coal; or any form of solid, 50 liquid or gaseous fuel sourced from any of the foregoing materials. 51 (ii) "Fossil-fuel equipment and building systems" shall mean (i) 52 equipment, as such term is defined in section 11-102 of the energy law, 53 that uses fossil-fuel; or (ii) systems embedded in a building that will 54 be used for or to support the supply, distribution, or delivery of 55 fossil-fuel for any purpose, other than for use by motor vehicles.S. 4008 131 A. 3008 1 (iii) "Fossil-fuel heating equipment and building systems" shall mean 2 (i) equipment, as such term is defined in section 11-102 of the energy 3 law, that uses fossil-fuel; or (ii) systems embedded in a building that 4 will be used for or to support the supply, distribution, or delivery of 5 fossil-fuel for space heating or hot water supply. Fossil-fuel heating 6 equipment and building systems shall not include equipment and building 7 systems related to cooking. 8 (iv) "Electrification ready" means the new building or portion thereof 9 where fossil-fuel equipment and building systems are allowed to be used 10 which contains electrical systems and designs that provide sufficient 11 capacity for a future replacement of such fossil-fuel equipment and 12 building systems with electric-powered equipment, including but not 13 limited to sufficient space, drainage, electrical conductors or race- 14 ways, bus bar capacity, and overcurrent protective devices for such 15 electric-powered equipment. 16 g. In cities with a population of one million or more, such cities' 17 local code provisions shall be at least as stringent as the provisions 18 set forth by this subdivision. 19 § 8. Subdivisions 1 and 2 of section 379 of the executive law, subdi- 20 vision 1 as amended by chapter 348 of the laws of 2017 and subdivision 2 21 as added by chapter 707 of the laws of 1981, are amended to read as 22 follows: 23 1. Except in the case of factory manufactured homes, intended for use 24 as one or two family dwelling units or multiple dwellings of not more 25 than two stories in height, the legislative body of any local government 26 may duly enact or adopt local laws or ordinances imposing higher or more 27 restrictive standards for construction within the jurisdiction of such 28 local government than are applicable generally to such local government 29 in the uniform code. Within thirty days of such enactment or adoption, 30 the chief executive officer, or if there be none, the chairman of the 31 legislative body of such local government, shall so notify the council, 32 and shall petition the council for a determination of whether such local 33 laws or ordinances are more stringent than the standards for 34 construction applicable generally to such local government in the 35 uniform code. Such local laws or ordinances shall take full force and 36 effect upon an affirmative [determination] finding and approval by the 37 council as provided [herein] in subdivision two of this section. 38 2. If the council finds that such standards are higher or more 39 restrictive and a. standards are reasonably necessary because of special 40 conditions prevailing within the local government and that such stand- 41 ards conform with accepted engineering and fire prevention practices and 42 the purposes of this article, or b. are reasonably necessary to further 43 the state's clean energy and climate agenda, including but not limited 44 to greenhouse gas emissions reduction and other objectives of the New 45 York climate leadership and protection act set forth within chapter one 46 hundred six of the laws of two thousand nineteen, and that such stand- 47 ards conform with accepted engineering and fire prevention practices and 48 the purposes of this article, the council shall [adopt] approve such 49 standards, in whole or part. The council shall have the power to limit 50 the term or duration of such standards, impose conditions in connection 51 with the adoption thereof, and to terminate such standards at such 52 times, and in such manner as the council may deem necessary, desirable 53 or proper. 54 § 9. Paragraphs h and i of subdivision 1 of section 381 of the execu- 55 tive law, as added by chapter 560 of the laws of 2010, are amended and a 56 new paragraph j is added to read as follows:S. 4008 132 A. 3008 1 h. minimum basic training and in-service training requirements for 2 personnel charged with administration and enforcement of the state ener- 3 gy conservation construction code; [and] 4 i. standards and procedures for measuring the rate of compliance with 5 the state energy conservation construction code, and provisions requir- 6 ing that such rate of compliance be measured on an annual basis[.]; and 7 j. authorizing the issuance of a permit for construction based on 8 existing provisions of the uniform code where a substantially complete 9 set of construction drawings have been submitted prior to the effective 10 date of any amendment to the uniform code. 11 § 10. Subdivision 1 of section 383 of the executive law is amended by 12 adding a new paragraph d to read as follows: 13 d. This article shall be subject to the provisions of subdivision 14 three of section 11-103 of the energy law. 15 § 11. The article heading of article 16 of the energy law, as amended 16 by chapter 374 of the laws of 2022, is amended to read as follows: 17 APPLIANCE AND EQUIPMENT 18 [EFFICIENCY] PERFORMANCE STANDARDS 19 § 12. Subdivision 18 of section 16-102 of the energy law, as amended 20 by chapter 374 of the laws of 2022, is amended to read as follows: 21 18. "[Efficiency] Performance standard" means a standard that defines 22 performance metrics and/or defines prescriptive design requirements 23 associated with the regulated category of product in order to: (a) 24 reduce energy consumption[,]; (b) reduce water consumption[, and]; (c) 25 reduce greenhouse gas emissions associated with energy consumption 26 [and/or]; or (d) increase demand flexibility. A performance standard may 27 be designed to promote one of the foregoing objectives, and multiple 28 performance standards for a regulated category of product may be used to 29 promote multiple objectives. 30 § 13. Subdivision 1 of section 16-104 of the energy law, as amended by 31 chapter 374 of the laws of 2022, is amended to read as follows: 32 1. The provisions of this article apply to the establishment of, test- 33 ing for compliance with, certification of compliance with, and enforce- 34 ment of [efficiency] performance standards for the following new 35 products which are sold, or offered for sale, leased or offered for 36 lease, rented or offered for rent or installed or offered to install in 37 New York state unless preempting federal appliance standards are in 38 effect: (a) automatic commercial ice cube machines; (b) ceiling fan 39 light kits; (c) commercial pre-rinse spray valves; (d) commercial refri- 40 gerators, freezers and refrigerator-freezers; (e) consumer audio and 41 video products; (f) illuminated exit signs; (g) incandescent reflector 42 lamps; (h) very large commercial packaged air-conditioning and heating 43 equipment; (i) metal halide lamp fixtures; (j) pedestrian traffic signal 44 modules; (k) power supplies; (l) torchiere lighting fixtures; (m) unit 45 heaters; (n) vehicular traffic signal modules; (o) portable light 46 fixtures; (p) bottle-type water dispensers; (q) commercial hot food 47 holding cabinets; (r) portable electric spas; (s) replacement dedicat- 48 ed-purpose pool pump motors; (t) air compressors; (u) air purifiers; (v) 49 commercial dishwashers; (w) commercial fryers; (x) commercial steam 50 cookers; (y) computers and computer monitors; (z) general service lamps; 51 (aa) federally exempt fluorescent lamps; (bb) portable air conditioners; 52 (cc) residential ventilating fans; (dd) telephones; (ee) faucets; (ff) 53 showerheads; (gg) urinals; (hh) water closets; (ii) sprinkler bodies; 54 (jj) uninterruptable power supplies; (kk) light emitting diode lamps; 55 (ll) electric vehicle supply equipment; (mm) commercial battery charger 56 systems; (nn) commercial ovens; (oo) commercial clothes dryers; (pp)S. 4008 133 A. 3008 1 commercial and industrial fans and blowers; (qq) imaging equipment; (rr) 2 landscape irrigation controllers; (ss) outdoor lighting; (tt) plug-in 3 luminous signs; (uu) small network equipment; (vv) tub spout diverters; 4 (ww) commercial hot food holding cabinets; (xx) gas fireplaces; (yy) 5 products for which efficiency or other performance standards shall have 6 been established pursuant to paragraph (b) or (c) of subdivision one of 7 section 16-106 of this article; and (zz) products that had been subject 8 to any federal efficiency standard referred to in section 16-105 of this 9 article that have been continued in this state pursuant to such section. 10 § 14. Subdivision 4 of section 16-104 of the energy law, as added by 11 chapter 374 of the laws of 2022, is amended to read as follows: 12 4. The adoption of [efficiency] performance standards for any water- 13 related appliances, equipment or fixtures shall be subject to approval 14 by the commissioner of environmental conservation. Any such standard 15 which would conflict with the provisions of section 15-0314 of the envi- 16 ronmental conservation law shall not take effect until and unless waived 17 by the commissioner of environmental conservation. 18 § 15. Subdivision 5 of section 16-104 of the energy law, as added by 19 chapter 374 of the laws of 2022, is amended to read as follows: 20 5. In adopting the flexible demand appliance performance standards, 21 the New York state energy research and development authority shall 22 consider the National Institute of Standards and Technology reliability 23 and cybersecurity protocols, relevant New York cybersecurity laws, regu- 24 lations, and advisories, or other cybersecurity protocols that are 25 equally or more protective, and shall adopt, at a minimum, the North 26 American Electric Reliability Corporation's Critical Infrastructure 27 Protection standards. 28 § 16. Section 16-106 of the energy law, as amended by chapter 374 of 29 the laws of 2022, is amended to read as follows: 30 § 16-106. Powers and duties of the president and the secretary. 1. The 31 president in consultation with the secretary shall have and be entitled 32 to exercise the following powers and duties: 33 (a) To adopt regulations establishing [efficiency] performance stand- 34 ards for the products listed in paragraphs (a) through (xx) of subdivi- 35 sion one of section 16-104 of this article, including but not limited 36 to, establishing [efficiency] performance standards for power supplies 37 in the active mode and no-load mode or other such products while in the 38 active mode and in the standby-passive-mode; 39 (b) To adopt regulations establishing [efficiency] performance stand- 40 ards for products not specifically listed in paragraphs (a) through (xx) 41 of subdivision one of section 16-104 of this article, provided that the 42 president determines that establishing such [efficiency] performance 43 standards would serve to promote energy reduction, water conservation, 44 greenhouse gas reduction, [and/or] or increased demand flexibility asso- 45 ciated with the regulated product categories in this state. To the maxi- 46 mum extent feasible the president shall coordinate any such adoption 47 with similar efforts by other states. Any regulation adopted pursuant to 48 this paragraph may include provisions establishing procedures for test- 49 ing the [efficiency] performance of the covered products and provisions 50 establishing procedures for manufacturers of such product to certify 51 that such products meet the [efficiency] performance standards, if the 52 president determines that such manufacturer's certifications should be 53 required; 54 (c) To review [efficiency] performance standards as adopted from time 55 to time by other states for products not listed in paragraphs (a) 56 through (xx) of subdivision one of section 16-104 of this article, andS. 4008 134 A. 3008 1 to adopt regulations establishing [efficiency] performance standards 2 similar to those adopted by any other state for such products, provided 3 that the president determines that establishing such [efficiency] 4 performance standards would serve to promote energy reduction, water 5 conservation, greenhouse gas reduction, [and/or] or increased demand 6 flexibility associated with the regulated product categories in this 7 state. Any regulation adopted pursuant to this paragraph may include 8 provisions establishing procedures for testing the [efficiency] perform- 9 ance of the covered products and provisions establishing procedures for 10 manufacturers of such product to certify that such products meet the 11 [efficiency] performance standards, if the president determines that 12 such manufacturer's certifications should be required; 13 (d) To adopt regulations to achieve the purposes of this article. Such 14 regulations shall ensure that compliance therewith will not result in a 15 net increase in co-pollutant emissions or otherwise disproportionately 16 burden disadvantaged communities as identified by the climate justice 17 working group established under section 75-0111 of the environmental 18 conservation law. In order to increase public participation and improve 19 the efficacy of any [efficiency] performance standards adopted pursuant 20 to [subdivision] paragraph (b) or (c) of this [section] subdivision, the 21 president shall, before publication of a notice of proposed rule making, 22 conduct public meetings to provide meaningful opportunities for public 23 comment from all segments of the population that would be impacted by 24 the standards or regulations, including persons living in disadvantaged 25 communities as identified by the climate justice working group estab- 26 lished under section 75-0111 of the environmental conservation law; 27 (e) To conduct investigations, test, and obtain data with respect to 28 research experiments and demonstrations, and to collect and disseminate 29 information regarding the purposes to be achieved pursuant to this arti- 30 cle; 31 (f) To accept grants or funds for purposes of administration and 32 enforcement of this article. Notwithstanding any other provision of law 33 to the contrary, the president is hereby authorized to accept grants or 34 funds, including funds directed through negotiated settlements or 35 consent orders pursuant to this article. All funds accepted by the pres- 36 ident for the purposes of this article shall be deposited in the [effi-37ciency] performance standards administration account established by the 38 New York state energy research and development authority and maintained 39 in a segregated account [in the custody of the commissioner of taxation40and finance], established in accordance with section one thousand eight 41 hundred fifty-nine of the public authorities law. All expenditures from 42 the [efficiency] performance standards administration account pursuant 43 to this article shall be made by the New York state energy research and 44 development authority to carry out studies, investigations, research, 45 expenses to provide for expert witness, consultant, enforcement, admin- 46 istrative and legal fees, including disbursements to the department of 47 state to support enforcement activities authorized by the secretary 48 pursuant to this section, and other related expenses pursuant to this 49 article. All deposits made to the [efficiency] performance standards 50 administration account made by the New York state energy research and 51 development authority, all funds maintained in the [efficiency] perform- 52 ance standards administration account, and disbursements therefrom, made 53 pursuant to this article shall be subject to an annual independent audit 54 as part of such authority's audited financial statements, and such 55 authority shall prepare an annual report summarizing [efficiency] 56 performance standards administration account balance and activities forS. 4008 135 A. 3008 1 each fiscal year ending March thirty-first. In addition to submitting 2 such report as provided in section one thousand eight hundred sixty-sev- 3 en of the public authorities law, the authority shall provide such 4 report to the secretary no later than ninety days after commencement of 5 such fiscal year; 6 (g) To consult with the appropriate federal agencies, including, but 7 not limited to, the federal department of energy and other potentially 8 affected parties in carrying out the provisions of this article; and 9 (h) To conduct investigations, in consultation with the secretary, to 10 determine if products covered by standards adopted pursuant to this 11 article comply with such standards; to conduct tests to determine if 12 products covered by standards adopted pursuant to this article comply 13 with such standards; to prepare written reports of the results of such 14 investigations and tests; to provide such reports to the secretary; in 15 consultation with the secretary, to negotiate settlement agreements with 16 any person that violates the provisions of subdivision two of section 17 16-104 of this article, or fails to perform any duty imposed by this 18 article, or violates or fails to comply with any rule, regulation, 19 determination, or order adopted, made, or issued by the president or the 20 secretary pursuant to this article, pursuant to which such person shall 21 agree to cease such violation and to pay such civil penalty as may be 22 specified in such agreement, the terms of which will be incorporated 23 into a consent order signed by such person, the president, and the 24 secretary; to consult with the secretary in connection with determi- 25 nations made by the secretary pursuant to paragraph (b) of subdivision 26 five of this section; and to cooperate with the secretary in enforcement 27 proceedings conducted by the secretary pursuant to this article. 28 1-a. Notwithstanding any other provision of this article, no [effi-29ciency] performance standard adopted pursuant to paragraph (a) of subdi- 30 vision one of this section shall become effective less than one hundred 31 eighty days after publication of the notice of adoption of such standard 32 in the state register; no [efficiency] performance standard adopted 33 pursuant to paragraph (b) or (c) of subdivision one of this section 34 shall become effective less than one year after publication of the 35 notice of adoption of such [efficiency] performance standard in the 36 state register; no amendment of any [efficiency] performance standard 37 adopted pursuant to this article or of any efficiency standard continued 38 in this state pursuant to section 16-105 of this article shall become 39 effective less than one hundred eighty days after publication of the 40 notice of adoption of such amendment in the state register; and no new 41 or amended [efficiency] performance standard adopted pursuant to this 42 article shall go into effect if federal government [efficiency] perform- 43 ance standards regarding such product preempt state standards unless 44 preemption has been waived pursuant to federal law. 45 2. (a) On or before January first, two thousand twenty-three, the 46 president, in consultation with the secretary, shall adopt regulations 47 in accordance with the provisions of this article establishing: 48 (i) performance standards for energy efficiency [standards] for new 49 products of the types referred to in paragraphs (a) through (f), para- 50 graphs (h) through (y), paragraphs (aa) through (jj) and paragraphs (mm) 51 through (xx) of subdivision one of section 16-104 of this article; 52 (ii) procedures for testing the efficiency of the new products of the 53 types referred to in paragraphs (a) through (f) and paragraphs (h) 54 through (xx) of subdivision one of section 16-104 of this article; 55 (iii) procedures for manufacturers to certify that new products of the 56 types referred to in paragraphs (a) through (f) and paragraphs (h)S. 4008 136 A. 3008 1 through (xx) of subdivision one of section 16-104 of this article meet 2 the performance standards for energy efficiency [standards] to be 3 adopted pursuant to this article, if the president determines that such 4 manufacturer's certifications should be required; and 5 (iv) such further matters as are necessary to insure the proper imple- 6 mentation and enforcement of the provisions of this article. 7 (b) With respect to the types of products referred to in paragraph 8 (g), (z) or (kk) of subdivision one of section 16-104 of this article 9 (incandescent reflector lamps, general service lamps, and light emitting 10 diode lamps), the president shall conduct a study by December thirty- 11 first, two thousand twenty-three to determine whether [an] a performance 12 standard for energy efficiency [standard] for such products should be 13 established, taking into account factors including the potential impact 14 on electricity usage, product availability and consumer and environ- 15 mental benefits. If the president determines based on this study that 16 such a standard would reduce energy use and would not be preempted by 17 the federal law, the president shall adopt regulations in accordance 18 with the provisions of this article establishing efficiency standards 19 for such products. 20 3. Subsequent to adopting regulations pursuant to subdivisions one and 21 two of this section, the president, in consultation with the secretary, 22 may amend such regulations, including increasing the stringency of the 23 [efficiency] performance standards. 24 4. By March fifteenth of two thousand twenty-one, the secretary and 25 the president shall produce a report to the governor, the speaker of the 26 assembly, the temporary president of the senate, the chair of the assem- 27 bly committee on energy and the chair of the senate committee on energy 28 and telecommunications on the status of regulations establishing 29 performance standards for energy efficiency [standards] pursuant to this 30 article, which shall indicate for each product enumerated in subdivision 31 one of section 16-104 of this article the status of the implementation 32 of [efficiency] performance standards. The report shall also set forth 33 the estimated potential annual reductions in energy use and potential 34 utility bill savings resulting from adopted performance standards for 35 energy efficiency [standards] for the years two thousand twenty-five and 36 two thousand thirty-five and the potential cumulative reductions in 37 energy use through the year two thousand thirty-five. Such report shall 38 be updated in the same manner by March fifteenth, two thousand twenty- 39 six and two thousand thirty and copies of such updates shall be posted 40 by March fifteenth, two thousand twenty-seven and March fifteenth, two 41 thousand thirty on the websites of the authority and the department of 42 state. Each such updated report shall also include the potential annual 43 and cumulative results achieved pursuant to the performance metrics 44 established for product performance standards promulgated pursuant to 45 subdivision eighteen of section 16-102 of this article and section 46 16-104 of this article. 47 5. (a) In addition to all other powers and authority given to the 48 secretary by this article, the secretary shall have and be entitled to 49 exercise the following powers and duties: 50 (i) To request the president to conduct investigations to determine if 51 products covered by [efficiency] performance standards adopted pursuant 52 to this article comply with such [efficiency] performance standards; to 53 consult with the president in connection with the president's perform- 54 ance of such investigations; to request the president to conduct tests 55 to determine if products covered by [efficiency] performance standards 56 adopted pursuant to this article comply with such [efficiency] perform-S. 4008 137 A. 3008 1 ance standards; and to request the president's cooperation in connection 2 with enforcement proceedings conducted by the secretary pursuant to this 3 article; 4 (ii) To order the immediate cessation of any distribution, sale or 5 offer for sale, lease or offer to lease, rent or offer to rent, import, 6 or offer to import, or installation or offer of installation of any 7 product listed in paragraphs (a) through (xx) of subdivision one of 8 section 16-104 of this article, or of any product for which [efficiency] 9 performance standards shall have been established pursuant to paragraph 10 (b) or (c) of subdivision one of this section, or any product that is 11 subject to a federal efficiency standard that shall have been continued 12 in this state pursuant to section 16-105 of this article, if the secre- 13 tary, in consultation with the president, determines that such product 14 does not meet the applicable [efficiency] performance standard or if 15 such product does not satisfy the testing procedures or manufacturer's 16 certification procedures adopted pursuant to the regulations authorized 17 by this article; 18 (iii) To accept grants or funds for purposes of administration and 19 enforcement of this article; 20 (iv) To impose, after notice and an opportunity to be heard, civil 21 penalties and/or injunctive relief for any violation of this article or 22 any regulation adopted pursuant to this article. Any penalties collected 23 by the secretary under this section shall be placed in the account 24 established under section ninety-seven-www of the state finance law, 25 relating to the consumer protection account; and 26 (v) To adopt such rules and regulations as the secretary may deem 27 necessary or appropriate for the purpose of carrying out the powers and 28 duties granted to the secretary by this article. 29 (b) The secretary may exercise the powers and authority granted to the 30 secretary by this subdivision, or by any other provision of this arti- 31 cle, through the consumer protection division established by the secre- 32 tary pursuant to section ninety-four-a of the executive law or through 33 such other divisions, officers, or employees of the department of state 34 as the secretary may designate from time to time. 35 § 17. Subdivision 2 of section 16-107 of the energy law, as added by 36 chapter 374 of the laws of 2022, is amended to read as follows: 37 2. Any person that sells or offers for sale, leases or offers for 38 lease, rents or offers for rent, or installs or offers to install, manu- 39 factures or tests in New York state any new product of a type listed in 40 paragraphs (a) through (xx) of subdivision one of section 16-104 of this 41 article, or any new product for which [efficiency] performance standards 42 shall have been established pursuant to paragraph (b) or (c) of subdivi- 43 sion one of section 16-106 of this article, or any product that is 44 subject to federal efficiency standards that shall have been continued 45 in this state pursuant to section 16-105 of this article, shall be 46 obliged, on the request of the secretary or his or her designee, or the 47 request of the president or his or her designee, to supply the secretary 48 and/or the president with such information and documentation as may be 49 required concerning such person's business, business practices, or busi- 50 ness methods, or proposed business practices or methods. The obligations 51 contained in this subdivision shall not apply to any person that sells 52 or offers for sale, leases or offers for lease, rents or offers for 53 rent, or installs or offers to install only products described in subdi- 54 vision three of section 16-104 of this article. The power to make infor- 55 mation and document requests is in addition to and not in limitation of 56 the power to issue subpoenas.S. 4008 138 A. 3008 1 § 18. Subdivision 1 of section 16-108 of the energy law, as amended by 2 chapter 374 of the laws of 2022, is amended to read as follows: 3 1. Any person who issues: 4 (a) a certification that a product listed in paragraphs (a) through 5 (xx) of subdivision one of section 16-104 of this article complies with 6 the [efficiency] performance standards for such product established by 7 or pursuant to this article; 8 (b) a certification that a product not listed in paragraphs (a) 9 through (xx) of subdivision one of section 16-104 of this article 10 complies with [efficiency] performance standards for such product estab- 11 lished pursuant to paragraph (b) or (c) of subdivision one of section 12 16-104 of this article; or 13 (c) a certification that a product that is subject to federal effi- 14 ciency standards that shall have been continued in this state pursuant 15 to section 16-105 of this article complies with such efficiency stand- 16 ards, knowing that such product does not comply with such efficiency 17 standards, shall be liable for a civil penalty of not more than ten 18 thousand dollars for each such product certified and an additional 19 penalty of not more than ten thousand dollars for each day during which 20 such violation continues. 21 § 19. Section 17-101 of the energy law is amended by adding twenty new 22 subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23 21, 22, 23 and 24 to read as follows: 24 5. "Authority" means the New York state energy research and develop- 25 ment authority. 26 6. "Benchmark" means to input and submit the total energy and water 27 consumed for a building for the previous calendar year and other 28 descriptive information for such building as required by the benchmark- 29 ing tool. Total energy and water consumption shall not include separate- 30 ly metered uses that are not integral to building operations, such as 31 broadcast antennas, as determined by the president. 32 7. "Benchmarking tool" means the United States environmental 33 protection agency's ENERGY STAR portfolio manager internet-based report- 34 ing interface or any similar tool as determined by the president to be 35 reasonably comparable, and any additional tools specified in regulations 36 adopted by the president. 37 8. "Benchmarking information" means information generated by the 38 benchmarking tool and descriptive information about the physical build- 39 ing and its ownership, management, and operational characteristics. 40 9. "Public benchmarking information" means information generated by 41 the benchmarking tool and descriptive information about the physical 42 building and its operational characteristics that is disclosed to the 43 public. The public benchmarking information shall include, but shall not 44 be limited to: 45 (a) descriptive information, including building address; primary use 46 type; and gross floor area as defined by the benchmarking tool glossary; 47 (b) output information, including site and source energy use intensi- 48 ty; weather normalized site and source energy use intensity; total annu- 49 al greenhouse gas emissions; water use per gross square foot; and the 50 Energy Star score, where available; 51 (c) compliance or noncompliance with this law; and 52 (d) a comparison of the annual summary statistics across calendar 53 years for all years since annual reporting and disclosure has been 54 required for the covered building. 55 10. "Benchmarking submission" means a subset of: 56 (a) information input into the benchmarking tool; andS. 4008 139 A. 3008 1 (b) benchmarking information generated by the benchmarking tool, as 2 determined by the president. 3 11. "Covered building" means (a) a state building, or (b) as it 4 appears in the records of the department of taxation and finance, which 5 information shall be shared by the department of taxation and finance 6 with the authority for purposes of implementation of this article: (i) 7 a building that exceeds twenty-five thousand gross square feet (four 8 thousand six hundred forty-five square meters), (ii) two or more build- 9 ings on the same tax lot that together exceed fifty-thousand gross 10 square feet (nine thousand two hundred ninety square meters), or (iii) 11 two or more buildings held in the condominium form of ownership that are 12 governed by the same board of managers and that together exceed fifty- 13 thousand gross square feet (nine thousand two hundred ninety square 14 meters). "Covered building" shall not include real property, not more 15 than three stories, consisting of a series of attached, detached or 16 semi-detached dwellings, for which ownership and the responsibility for 17 maintenance of the heating, ventilation, and air conditioning (HVAC) 18 systems and hot water heating systems is held by each individual dwell- 19 ing unit owner, and with no HVAC system or hot water heating system in 20 the series serving more than two dwelling units. 21 12. "Energy" means electricity, natural gas, steam, hot or chilled 22 water, fuel oil, kerosene, propane, or other fuel product for use in a 23 building, or on-site electricity generation, including renewable and 24 storage technologies for purposes of providing heating, cooling, light- 25 ing, water heating, or for powering or fueling other end-uses in the 26 building and related facilities. 27 13. "Energy grade" means a scale representing the ratio of the energy 28 performance of an existing building based on the benchmark inputs of a 29 building and calculated within the benchmarking tool, comparing the 30 building to a nationally representative dataset of similar buildings, 31 accounting for regional characteristics in weather and operating condi- 32 tions specific to the building. 33 14. "Energy use intensity" means the kBTUs (1,000 british thermal 34 units) used per square foot of gross floor area. 35 15. "Greenhouse gas" shall have the same meaning as defined in section 36 75-0101 of the environmental conservation law. 37 16. "Gross floor area" means the total number of enclosed square feet 38 measured between the exterior surfaces of the fixed walls within any 39 structure used or intended for supporting or sheltering any use or occu- 40 pancy. 41 17. "Owner" means: 42 (a) an individual or entity possessing title to a covered building 43 property, or the lessee, where such lessee is the sole tenant of the 44 covered property and is subject to a triple net lease; 45 (b) the board of managers in the case of a condominium; 46 (c) the board of directors in the case of a cooperative apartment 47 corporation; 48 (d) the entity in physical possession of the building or having bene- 49 ficial use and occupancy of the building in the case of a covered build- 50 ing with title possessed by a state entity solely for purposes of secur- 51 ing bonds, notes or other obligations issued by such state entity, in 52 which case, the state entity will not also be deemed the owner here- 53 under. For the purpose of this paragraph, a "state entity" shall mean 54 any state agency, state authority or subsidiary of a state authority; or 55 (e) an agent authorized to act on behalf of any of the above.S. 4008 140 A. 3008 1 18. "Portfolio manager" means the energy star portfolio manager, the 2 internet-based tool developed and maintained by the United States envi- 3 ronmental protection agency to track and assess the relative energy 4 performance of buildings nationwide, or its successor. 5 19. "President" means the president of the authority. 6 20. "Qualified benchmarker" means an individual or entity that 7 possesses a benchmarking certification or other credential or creden- 8 tials approved by the president or the president's designee. 9 21. "Qualifying financial distress" means: 10 (a) the covered building is the subject of a qualified tax lien sale 11 or public auction due to property tax arrears; 12 (b) the covered building is controlled by a court appointed receiver; 13 (c) a foreclosure action has commenced on the covered building during 14 the calendar year for which benchmarking is required; 15 (d) title to the covered building was transferred by deed in lieu of 16 foreclosure or by a referee's deed in foreclosure during the calendar 17 year for which benchmarking is required; 18 (e) the owner of a covered building has commenced a bankruptcy filing; 19 or 20 (f) other situations as authorized by the president or the president's 21 designee. 22 22. "Tenant" means a person or entity occupying or holding possession 23 of a building, part of a building or premises pursuant to a rental 24 agreement. 25 23. "Utility" means an entity that distributes and/or sells energy to 26 a covered building. 27 24. "State building" means a building that is more than ten thousand 28 gross square feet (nine hundred twenty-nine square meters), as it 29 appears in the records of the department of taxation and finance, which 30 information shall be shared by the department of taxation and finance 31 with the authority for purposes of implementation of this article, that 32 is owned by the state or for which the state regularly pays all of the 33 annual energy bills, provided that two or more buildings on the same tax 34 lot shall be deemed to be one building. 35 § 20. The energy law is amended by adding a new section 17-107 to read 36 as follows: 37 § 17-107. Benchmarking applicability and submission. 1. No later than 38 the first day of May, two thousand twenty-five, and no later than the 39 first day of May of every year thereafter, each owner shall ensure that 40 such owner's covered buildings shall be benchmarked for the previous 41 calendar year and the benchmarking submission shall be provided to the 42 authority as directed by the president. 43 2. The president or the president's designee may exempt from the 44 benchmarking requirement a municipality with a benchmarking requirement 45 in effect that meets or exceeds the benchmarking rules established by 46 the authority. 47 3. The president or the president's designee may temporarily exempt 48 from the benchmarking requirement the owner of a covered building that 49 submits documentation establishing, to the satisfaction of the president 50 or the president's designee, any of the following: 51 (a) the covered building has characteristics that make benchmarking 52 impracticable, including buildings that do not fit any of the building 53 types, definitions or use details listed in the portfolio manager; 54 (b) the covered building had average physical occupancy of less than 55 fifty percent throughout the calendar year for which benchmarking is 56 required;S. 4008 141 A. 3008 1 (c) the covered building is a new construction and the covered 2 building's certificate of occupancy or temporary certificate of occupan- 3 cy was issued during the calendar year for which benchmarking is 4 required; 5 (d) the covered building experienced qualifying financial distress 6 during the year for which benchmarking is required; or 7 (e) the covered building has been issued a full demolition permit for 8 the prior calendar year, provided that demolition work has commenced, 9 some energy-related systems have been compromised and legal occupancy is 10 no longer possible prior to the first day of May of the year in which 11 the benchmarking report is due. 12 4. The president or the president's designee may exempt from the 13 benchmarking requirement the owners of all covered buildings located 14 within an exempt municipality that comply with the municipality's bench- 15 marking requirement. 16 5. The president or the president's designee may exempt from the 17 benchmarking requirement related to water the owner of a covered build- 18 ing in jurisdictions where whole building water use data is not avail- 19 able in increments required by the benchmarking tool or as defined by 20 the president or the president's designee. 21 6. The president or the president's designee may grant an extension of 22 time if the owner of the covered building demonstrates, to the satisfac- 23 tion of the president or the president's designee, that despite good 24 faith efforts, the owner could not satisfy the requirements of this 25 article by the imposed deadlines. 26 7. The president or the president's designee may require that data be 27 validated by a qualified benchmarker or that benchmarking be performed 28 by a qualified benchmarker. 29 § 21. The energy law is amended by adding a new section 17-108 to read 30 as follows: 31 § 17-108. Benchmarking notification and posting. 1. Between September 32 first and December thirty-first of each year, the authority shall notify 33 owners of their obligation to benchmark pursuant to section 17-107 of 34 this article. 35 2. By December first of each year, the authority shall post the list 36 of the addresses of covered buildings on the authority's website. 37 § 22. The energy law is amended by adding a new section 17-109 to read 38 as follows: 39 § 17-109. Disclosure, analysis, and publication of benchmarking infor- 40 mation. 1. No later than the thirty-first day of December, two thousand 41 twenty-five and by the fifteenth day of September of each year thereaft- 42 er, the authority shall publish public benchmarking information regard- 43 ing all covered buildings for the previous calendar year, except that 44 public benchmarking information regarding a covered building for such 45 building's first year of required compliance shall not be published by 46 the authority, regardless of whether or not the authority received 47 benchmarking information for that building. 48 2. In addition to the publishing of public benchmarking information 49 required by subdivision one of this section, the authority shall annual- 50 ly publish: 51 (a) summary statistics and trend analyses regarding energy consumption 52 for covered buildings derived from aggregation of benchmarking informa- 53 tion; and 54 (b) information regarding how each covered building compares with 55 comparable covered buildings in New York state, and how each covered 56 building's performance has changed over time.S. 4008 142 A. 3008 1 3. No later than the thirty-first day of December, two thousand twen- 2 ty-five, and no later than the fifteenth day of September of each year 3 thereafter, each exempted municipality shall make available to the 4 authority, in a form as required by the authority, any benchmarking 5 information possessed by such municipality. 6 4. Any analysis or possession of information concerning covered build- 7 ings by the authority is subject to rules regarding personal, private or 8 sensitive information as defined by the New York state office of infor- 9 mation technology services and article six of the public officers law. 10 5. The authority may provide an owner or manager of a covered building 11 with benchmarking information related to such covered building that is 12 not public benchmarking information. 13 6. Nothing in this section should be construed to supersede sections 14 eighty-four through section ninety of the public officers law, except 15 with respect to the authority's publishing of public benchmarking infor- 16 mation as required in this section. 17 § 23. The energy law is amended by adding a new section 17-110 to read 18 as follows: 19 § 17-110. Maintenance of benchmarking records. 1. Owners shall main- 20 tain records sufficient to provide for the reporting of public bench- 21 marking information to the authority. Such records shall be preserved 22 for a period of at least three years. At the request of the president 23 such records shall be made available for inspection and audit. 24 2. At the time legal title of any covered building is transferred, the 25 buyer and seller shall arrange for the seller to provide to the buyer, 26 at or before closing, all information necessary for the buyer to report 27 benchmarking information for the entire year in a timely manner. 28 § 24. The energy law is amended by adding a new section 17-111 to read 29 as follows: 30 § 17-111. Powers and duties of the president. The president shall have 31 the authority to promulgate regulations establishing rules for the 32 administration and enforcement of the requirements of this article, such 33 as compliance, enforcement, and exemptions for benchmark reporting and 34 data verification requirements and for the following: 35 1. to establish through regulation the obligation to post and publicly 36 display energy grades; 37 2. to establish through regulation exemption criteria for qualifying 38 buildings to delay compliance with the benchmarking or energy grades 39 requirements for up to three years if the owner demonstrates, to the 40 satisfaction of the president or their designated representative, finan- 41 cial distress, change of ownership, vacancy, major renovation, pending 42 demolition, or other acceptable circumstances determined by the presi- 43 dent; 44 3. to negotiate settlements and to impose civil infraction penalties, 45 fines, and fees as sanctions for a violation of this section or a regu- 46 lation issued pursuant to this article. Failure to benchmark energy and 47 water use for the prior calendar year by deadlines set by the president 48 may result in a penalty of five hundred dollars. Continued failure to 49 benchmark may result in additional violations on a quarterly basis and 50 an additional penalty of five hundred dollars per violation. Failure to 51 annually post the energy grade for the building by deadlines set by the 52 president may result in a penalty of one thousand two hundred fifty 53 dollars. Penalties collected shall be deposited into a benchmarking 54 administration account; and 55 4. to accept grants or funds for purposes of administration and 56 enforcement of this article. Notwithstanding any other provision of lawS. 4008 143 A. 3008 1 to the contrary, the president is hereby authorized to accept grants or 2 funds, including funds directed through fines, compliance penalties, or 3 negotiated settlements pursuant to this article, and is authorized to 4 establish the benchmarking administration account to be administered by 5 the New York state energy research and development authority and main- 6 tained in a segregated account, established in accordance with section 7 eighteen hundred fifty-nine of the public authorities law. All funds 8 accepted by the president for the purposes of this article shall be 9 deposited in the benchmarking administration account established by the 10 New York state energy research and development authority and maintained 11 in a segregated account, established in accordance with section eighteen 12 hundred fifty-nine of the public authorities law. All expenditures from 13 the benchmarking administration account pursuant to this article shall 14 be made by the New York state energy research and development authority 15 to carry out studies, investigations, research, expenses to provide for 16 expert witness, consultant, enforcement, administrative and legal fees, 17 including disbursements to the department of taxation and finance to 18 support compliance activities authorized by the president pursuant to 19 this section, and other related expenses pursuant to this article. All 20 deposits made to the benchmarking administration account made by the New 21 York state energy research and development authority, all funds main- 22 tained in the benchmarking administration account, and disbursements 23 therefrom, made pursuant to this article shall be subject to an annual 24 independent audit as part of such authority's audited financial state- 25 ments, and such authority shall prepare an annual report summarizing 26 benchmarking administration account balance and activities for each 27 fiscal year ending March thirty-first and provide such report to the 28 secretary no later than ninety days after commencement of such fiscal 29 year. 30 § 25. The energy law is amended by adding a new section 17-112 to read 31 as follows: 32 § 17-112. Enforcement and administration. 1. It shall be unlawful for 33 any entity or person to fail to comply with the requirements of this 34 article or any rule or regulation promulgated by the authority of this 35 article or to misrepresent any material fact in a document required to 36 be prepared or disclosed pursuant to this article or any rule or regu- 37 lation promulgated by the authority of this article. 38 2. Except for minor alterations or alterations reasonably necessary to 39 protect building occupant safety and reduce fire risks or as approved by 40 the president or the president's designee, no county, city, town or 41 village shall issue a permit for the construction of or work related to 42 any commercial, residential, or mixed-use building if the building is 43 not already in compliance with the requirements of this article or any 44 rule or regulation promulgated by the authority pursuant to this arti- 45 cle. 46 3. Any person or entity who violates the provisions of this article, 47 not including sections 17-103 and 17-105 of this article, shall be 48 subject to a civil penalty. 49 4. The attorney general for the state of New York may commence a civil 50 action in a court of competent jurisdiction for damages, civil penal- 51 ties, cost recovery, reasonable attorney and expert witness fees, and 52 injunctive or other appropriate relief to enforce compliance with this 53 section or a regulation issued pursuant to this section. 54 § 26. This act shall take effect immediately; provided, however, that 55 the amendments to subdivision 4 of section 16-106 of the energy law made 56 by section sixteen of this act shall not affect the repeal of suchS. 4008 144 A. 3008 1 subdivision and shall be deemed to repeal therewith; and, provided, 2 however, that section twenty-one of this act shall take effect January 3 1, 2024. 4 PART XX 5 Section 1. Section 1005 of the public authorities law is amended by 6 adding a new subdivision 27-a to read as follows: 7 27-a. (a) As deemed feasible and advisable by the trustees, the 8 authority is authorized to plan, design, develop, finance, construct, 9 own, operate, maintain and improve, either alone or jointly with other 10 entities, including but not limited to local development corporations 11 formed under section fourteen hundred eleven of the not-for-profit 12 corporation law, renewable energy generating projects in the state, 13 including its territorial waters, and/or on property or in waters under 14 the jurisdiction or regulatory authority of the United States, or any 15 component thereof, and to acquire, lease or otherwise dispose of proper- 16 ty interests related to the development or disposition of renewable 17 energy generating projects, as the authority determines is necessary and 18 desirable to: (i) support the state's greenhouse gas emission reduction 19 goals provided for in the climate leadership and community protection 20 act; (ii) provide or maintain an adequate and reliable supply of elec- 21 tric power and energy in the state; (iii) assist local governments in 22 achieving local energy and environmental goals; and (iv) advance other 23 important state energy and social policies. The acquisition, lease or 24 other disposal of property interests related to the development or 25 disposition of renewable energy generating projects authorized by this 26 paragraph may be done through a competitive selection process, a non- 27 competitive selection process, or by negotiation, and the disposal of 28 such interests shall be exempt from the requirements of title five-A of 29 article nine of this chapter. Renewable energy generating projects 30 developed by or for the authority that meet eligibility criteria under 31 state programs administered by the public service commission and the New 32 York state energy research and development authority shall be entitled 33 to receive renewable energy certificates in accordance with such 34 programs. 35 (b) The authority shall periodically confer with the New York state 36 energy research and development authority, the office of renewable ener- 37 gy siting, and the department of public service, concerning the state's 38 progress on meeting the renewable energy targets established by the 39 climate leadership and community protection act to help inform its exer- 40 cise of the authority provided for in paragraph (a) of this subdivision. 41 In exercising the authority provided for in paragraph (a) of this subdi- 42 vision, the authority is encouraged to consider the use of public-pri- 43 vate partnerships to the extent the authority determines that such 44 collaborations will provide benefits to the state or mitigate financial 45 risks to the authority. 46 (c) Notwithstanding section twenty-eight hundred twenty-seven-a of 47 this chapter, the authority shall have the right, either alone or with 48 one or more other entities, to form subsidiary corporations, and form or 49 acquire interests in "special purpose entities" including, but not 50 limited to, business corporations, not-for-profit corporations, limited 51 liability companies, or other special purpose entities or ventures, and 52 transfer interests in subsidiaries and special purpose entities, for the 53 purpose of undertaking the actions authorized by paragraph (a) of this 54 subdivision and facilitating the development of transmission facilitiesS. 4008 145 A. 3008 1 as authorized by this title. The authority may by resolution direct any 2 of its trustees, officers, or employees to organize subsidiary corpo- 3 rations and special purpose entities pursuant to the business corpo- 4 ration law, not-for-profit corporation law, or limited liability company 5 law. Any such resolution shall prescribe the purposes for which any such 6 entity is to be formed. 7 (d) Notwithstanding any other law to the contrary, the authority may 8 transfer to and receive from any subsidiary or special purpose entity 9 any consideration, moneys, real or personal or mixed property, contrac- 10 tual and other rights, or any project, deemed appropriate to carry out 11 the purposes of this subdivision. Each subsidiary or special purpose 12 entity formed by the authority shall have all the privileges, immunities 13 and exemptions of the authority to the extent the same are not incon- 14 sistent with the statute or statutes pursuant to which such subsidiary 15 or special purpose entity was formed. 16 (e) The source of any financing and/or loans for any of the actions 17 authorized in this subdivision may include: (i) the proceeds of notes 18 issued pursuant to section one thousand nine-a of this title; (ii) the 19 proceeds of bonds issued pursuant to section one thousand ten of this 20 title; (iii) other funds made available by the authority for such 21 purposes; or (iv) any other funds made available to the authority from 22 non-authority sources. 23 (f) The authority is authorized to sell renewable power, energy, 24 ancillary services and/or renewable energy credits or attributes associ- 25 ated with any renewable energy generating project authorized by this 26 subdivision and developed after its effective date as follows: 27 (i) to the New York state energy research and development authority, 28 including for the purpose of supporting the greenhouse gas emission 29 reduction goals in the climate leadership and community protection act 30 as well as other state energy policies, through participation in 31 programs administered by the New York state energy research and develop- 32 ment authority or for such other purposes as the authority and the New 33 York state energy research and development authority may agree; 34 (ii) into markets operated by the federally designated electric bulk 35 system operator for New York state; 36 (iii) to any load serving entity in the state, including the Long 37 Island power authority (directly, or through its service provider, as 38 appropriate), including but not limited to the purpose of providing bill 39 credits to end-use electricity consumers in disadvantaged communities 40 for renewable energy produced by renewable energy systems as provided 41 for in subdivision twenty-seven-b of this section; 42 (iv) to manufacturers of green hydrogen and other new technologies 43 that are intended in whole or part to displace fossil fuel use in the 44 state for use at facilities located in the state; 45 (v) to any public entity or authority customer; 46 (vi) to community distributed generation providers, energy aggregators 47 and similar entities for the benefit of subscribers to community 48 distributed generation projects, including end-use electricity consumers 49 located in disadvantaged communities; and 50 (vii) to any CCA community. 51 (g) For purposes of this subdivision, the following terms shall have 52 the meanings indicated in this paragraph unless the context indicates 53 another meaning or intent: 54 (i) "Authority customer" means an entity located in the state to which 55 the authority sells or is under contract to sell power or energy under 56 the authority in this title or any other law.S. 4008 146 A. 3008 1 (ii) "CCA community" means one or more municipal corporations located 2 within the state that have provided for the purchase of power, energy, 3 or renewable energy credits or other attributes under a CCA program. 4 (iii) "CCA program" means a community choice aggregation program 5 approved by the public service commission. 6 (iv) "Disadvantaged communities" has the meaning ascribed to that term 7 by subdivision five of section 75-0101 of the environmental conservation 8 law. 9 (v) "Public entity" has the same meaning as in subparagraph five of 10 paragraph (b) of subdivision seventeen of this section. 11 (vi) "Renewable energy generating project" or "project" means: 12 (A) facilities that generate power and energy by means of a renewable 13 energy resource; 14 (B) facilities that store and discharge power and energy; and 15 (C) transmission and other infrastructure that supports or facilitates 16 the transmission and distribution of electricity from renewable energy 17 generating projects to delivery points within the state of New York. 18 (vii) "Renewable energy resource" means solar power, wind power, 19 hydroelectric, green hydrogen, and any other generation resource author- 20 ized by any renewable energy standard adopted by the state for the 21 purpose of implementing any state clean energy standard. 22 (h) The authority shall complete and submit a report, on or before 23 January thirty-first, two thousand twenty-five, and annually thereafter, 24 to the governor, the speaker of the assembly, and the temporary presi- 25 dent of the senate, and shall post such report on the authority's 26 website such that the report is accessible for public review. Such 27 report shall include, but not be limited to: 28 (i) a description of the renewable energy projects the authority has 29 planned, designed, developed, financed, or constructed and that it owns, 30 operates, maintains or improves, alone or jointly with other entities, 31 under the authority of this subdivision; 32 (ii) a description of the acquisition, lease or other disposition of 33 interests in renewable energy generating projects by the authority under 34 this subdivision; 35 (iii) a listing of all power, energy, ancillary services and related 36 credits and attributes sold or purchased by the authority from such 37 projects; 38 (iv) a listing of the entities to which the authority has supplied, 39 allocated or sold any power, energy, ancillary services or related cred- 40 its or attributes from such projects; and 41 (v) a listing and description of all subsidiaries and special purpose 42 entities that the authority formed, or in which the authority acquired 43 or transferred interests. 44 § 2. Section 1005 of the public authorities law is amended by adding a 45 new subdivision 27-b to read as follows: 46 27-b. (a) Definitions. For purposes of this subdivision, the follow- 47 ing terms shall have the following meanings: 48 (i) "bill credit" means a monthly monetary credit as determined by the 49 public service commission to the utility bill of an end-use electricity 50 consumer located in a disadvantaged community, including a low and 51 moderate income consumer, for renewable energy produced by renewable 52 energy systems developed, constructed, owned, or contracted for by the 53 power authority of the state of New York and injected into a distrib- 54 ution or transmission facility at one or more points in New York state, 55 together with any enhanced incentive payments for a community distrib- 56 uted generation project serving a disadvantaged community provided forS. 4008 147 A. 3008 1 in paragraph (b) of subdivision seven of section sixty-six-p of the 2 public service law, together with any other funding made available by 3 the authority for such purposes; 4 (ii) "disadvantaged community" means a community defined as a disad- 5 vantaged community in accordance with article seventy-five of the envi- 6 ronmental conservation law; 7 (iii) "jurisdictional load serving entity" has the same meaning as 8 defined in paragraph (a) of subdivision one of section sixty-six-p of 9 the public service law; 10 (iv) "renewable energy" means electrical energy produced by a renewa- 11 ble energy system; and 12 (v) "renewable energy systems" has the same meaning as defined in 13 paragraph (b) of subdivision one of section sixty-six-p of the public 14 service law. 15 (b) Notwithstanding any other law to the contrary, the authority is 16 authorized to establish a program, to be known as the "renewable energy 17 access and community help program" or "REACH", that will enable end-use 18 electricity consumers in disadvantaged communities, including such end- 19 use electricity customers who reside in buildings that have on-site 20 net-metered generation or who participate in a community choice aggre- 21 gation or community distributed generation project, unless they opt out 22 of REACH, to receive bill credits generated by the production of renewa- 23 ble energy by a renewable energy system developed, constructed, owned, 24 or contracted for by the authority. Such bill credits shall be in addi- 25 tion to any other renewable energy program or any other program or bene- 26 fit that end-use electricity consumers in disadvantaged communities 27 receive. For purposes of this subdivision, a renewable energy system 28 developed, constructed, owned, or contracted for by the authority shall 29 be: (i) sized up to and including five megawatts alternating current and 30 interconnected to the distribution system or transmission system in the 31 service territory of the electric utility that serves the end-use elec- 32 tricity consumers that receive bill credits; or (ii) sized above five 33 megawatts alternating current and interconnected to the transmission 34 system at one or more points anywhere within the state. 35 (c) For purposes of implementing REACH, the authority is authorized 36 to: 37 (i) develop, construct, own, and/or operate renewable energy systems 38 and related energy facilities, including energy storage facilities; 39 (ii) contract for the development, construction and/or operation of 40 renewable energy systems; 41 (iii) generate and store renewable energy, and inject energy, from 42 renewable energy systems into transmission or distribution systems at 43 one or more points in the state; 44 (iv) sell, purchase, and otherwise contract regarding renewable ener- 45 gy, renewable energy credits or attributes and other energy products and 46 services generated by renewable energy systems; and 47 (v) enter into contracts for purposes of implementing REACH, including 48 but not limited to agreements with developers, owners and operators of 49 renewable energy systems, and agreements with jurisdictional load serv- 50 ing entities and the Long Island power authority, or its service provid- 51 er, to provide for bill credits to end-use electricity consumers in 52 disadvantaged communities for renewable energy produced by renewable 53 energy systems, upon terms and conditions approved by the public service 54 commission pursuant to subdivisions seven and eight of section sixty- 55 six-p of the public service law.S. 4008 148 A. 3008 1 (d) The authority shall complete and submit a report, on or before 2 January thirty-first, two thousand twenty-five, and annually thereafter, 3 to the governor, the speaker of the assembly, the temporary president of 4 the senate, the minority leader of the assembly, and the minority leader 5 of the senate which shall include, but not be limited to: 6 (i) contracts entered into by the authority for the development, 7 construction and/or operation of renewable energy systems that are 8 intended in whole or in part to support REACH, and the planned location 9 of such projects; 10 (ii) renewable energy systems that are being planned and developed or 11 that have been developed by or for the authority that are intended in 12 whole or in part to support REACH, and the location of such projects; 13 (iii) an estimate of the aggregate amount of bill credits provided to 14 end-use electricity consumers in disadvantaged communities under REACH; 15 and 16 (iv) an estimate of: (A) the total amount of revenues generated from 17 the sale of renewable capacity, energy, renewable credits or attributes, 18 related ancillary services that are used to fund bill credits; and (B) 19 any other authority funds, as determined to be feasible and advisable by 20 the trustees, the authority has contributed for the purpose of funding 21 bill credits under REACH. 22 (e) The authority may request from any department, division, office, 23 commission or other agency of the state or state public authority, and 24 the same are authorized to provide, such assistance, services and data 25 as may be required by the authority in carrying out the purposes of this 26 subdivision. 27 § 3. Subdivision 1 of section 66-p of the public service law, as 28 added by chapter 106 of the laws of 2019, is amended to read as follows: 29 1. As used in this section: 30 (a) "jurisdictional load serving entity" means any entity subject to 31 the jurisdiction of the commission that secures energy to serve the 32 electrical energy requirements of end-use customers in New York 33 state[;]. 34 (b) "renewable energy systems" means systems that generate electricity 35 or thermal energy through use of the following technologies: solar ther- 36 mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal 37 electric, geothermal ground source heat, tidal energy, wave energy, 38 ocean thermal, and fuel cells which do not utilize a fossil fuel 39 resource in the process of generating electricity. 40 (c) "bill credit" shall have the same meaning as in subparagraph (i) 41 of paragraph (a) of subdivision twenty-seven-b of section one thousand 42 five of the public authorities law. 43 (d) "disadvantaged community" means a community defined as a disadvan- 44 taged community under article seventy-five of the environmental conser- 45 vation law. 46 (e) "renewable energy" means electrical energy produced by a renewable 47 energy system. 48 § 4. Section 66-p of the public service law is amended by adding a new 49 subdivision 8 to read as follows: 50 8. The commission shall, no later than eighteen months after the 51 effective date of this subdivision, commence necessary proceedings to 52 enable the power authority of the state of New York to provide bill 53 credits from renewable energy systems under the renewable energy access 54 and community help program, or "REACH", established pursuant to subdivi- 55 sion twenty-seven-b of section one thousand five of the public authori- 56 ties law, to end-use electricity consumers in disadvantaged communitiesS. 4008 149 A. 3008 1 for renewable energy produced by renewable energy systems developed, 2 constructed, owned, or contracted for by the power authority of the 3 state of New York. Such bill credits shall be in addition to any other 4 renewable energy program or any other program or benefit that end-use 5 electricity consumers in disadvantaged communities receive, and any 6 other incentives made available by the power authority of the state of 7 New York. For purposes of this subdivision, a renewable energy system 8 developed, constructed, owned, or contracted for by the authority shall 9 be: 10 (a) sized up to and including five megawatts alternating current and 11 interconnected to the distribution system or transmission system in the 12 service territory of the electric utility that serves the end-use 13 consumers that receive bill credits; or 14 (b) sized above five megawatts alternating current and interconnected 15 to the transmission system at one or more points anywhere in New York 16 state. The commission shall, after public notice and comment under the 17 state administrative procedure act, establish such programs implementing 18 REACH which: 19 (i) provide that jurisdictional load serving entities shall enter into 20 agreements with the power authority of the state of New York to carry 21 out REACH; 22 (ii) provide that jurisdictional load serving entities shall file 23 tariffs and other solutions determined by the commission to implement 24 REACH at a reasonable cost while ensuring safe and reliable electric 25 service; 26 (iii) provide that, unless they opt out, end-use electricity consumers 27 in disadvantaged communities, including such end-use electricity custom- 28 ers who have or who reside in buildings that have on-site net-metered 29 generation or who participate in a community choice aggregation or 30 community distributed generation project, shall receive bill credits for 31 renewable energy produced by a renewable energy system developed, 32 constructed, owned, or contracted for by the power authority of the 33 state of New York; 34 (iv) consider enhanced incentive payments in bill credits to end-use 35 electricity consumers in disadvantaged communities for renewable energy 36 systems including solar and community distributed generation projects as 37 provided for in paragraph (b) of subdivision seven of this section; 38 (v) to the extent practicable include energy storage in renewable 39 energy systems to deliver clean energy benefits to end-use electricity 40 consumers in disadvantaged communities as provided for in paragraphs (a) 41 and (b) of subdivision seven of this section; and 42 (vi) address recovery by jurisdictional load serving entities of their 43 prudently incurred costs of administering REACH in electric service 44 delivery rates of the utility in whose service territory end-use elec- 45 tricity consumers in a disadvantaged community participate in REACH. 46 § 5. Section 1005 of the public authorities law is amended by adding a 47 new subdivision 27-c to read as follows: 48 27-c. (a) Within two years of the effective date of this subdivision, 49 the authority shall publish a plan providing for the proposed phase out, 50 by December thirty-first, two thousand thirty-five, of the production of 51 electric energy from its small natural gas power plants should the 52 authority determine that such plants or the electricity production ther- 53 efrom are not needed for any of following purposes: (i) emergency power 54 service; or (ii) electric system reliability, including but not limited 55 to, operating facilities to maintain power system requirements for 56 facility thermal limits, voltage limits, frequency limits, fault currentS. 4008 150 A. 3008 1 duty limits, or dynamic stability limits, in accordance with the system 2 reliability standards of the North American electric reliability corpo- 3 ration, criteria of the northeast power coordinating council, rules of 4 the New York state reliability council, and as applicable, reliability 5 rules of the utility in whose service territory a small natural gas 6 power plant is located. Notwithstanding any other provision of this 7 paragraph, the authority may continue to produce electric energy at any 8 of the small natural gas power plants if existing or proposed replace- 9 ment generation resources would result in a net increase of emissions of 10 carbon dioxide within or outside New York state. 11 (b) In determining whether to cease electricity production from any 12 small natural gas power plant, the authority is authorized to confer 13 with the federally designated electric bulk system operator for the 14 state, the New York state energy research and development authority, the 15 department of public service, and the distribution utility in whose 16 service territory such small natural gas power plant operates, in addi- 17 tion to such other stakeholders as the authority determines to be appro- 18 priate. 19 (c) Nothing in this subdivision is intended to, nor shall be construed 20 to, prohibit the authority in its discretion from using, or permitting 21 the use of, including through lease, sale, or, other arrangement, any 22 small natural gas power plant or its site or associated infrastructure 23 in whole or in part for electric system purposes that does not involve 24 the combustion of fossil fuels, including, but not limited to providing 25 system voltage support, energy storage, interconnection of existing or 26 new renewable generation, or the use of the generator step up transfor- 27 mers and substations for transmission or distribution purposes. 28 (d) For purposes of this subdivision, the term "small natural gas 29 power plant" means each of the seven electric generating power plants 30 owned and operated by the authority located at six sites in Bronx, 31 Brooklyn, Queens and Staten Island and one site in Brentwood, Suffolk 32 county, which each use one or more simple cycle combustion turbine 33 units, totaling eleven units, fueled by natural gas and which typically 34 operate during periods of peak electric system demand. 35 § 6. Section 1020-f of the public authorities law, as added by chapter 36 517 of the laws of 1986, is amended by adding a new subdivision (jj) to 37 read as follows: 38 (jj) Notwithstanding any provision of law to the contrary, as deemed 39 feasible and advisable by the trustees, to enter into contracts with the 40 power authority of the state of New York for the provision of bill cred- 41 its generated by the production of renewable energy by a renewable ener- 42 gy system developed, constructed, owned, or contracted for by the power 43 authority of the state of New York under the renewable energy access and 44 community help program established pursuant to subdivision twenty-sev- 45 en-b of section one thousand five of this article and, unless such end- 46 use electricity consumers opt out, to provide such bill credits to end- 47 use electricity consumers in disadvantaged communities, including such 48 end-use electricity customers who have or who reside in buildings that 49 have on-site net-metered generation or who participate in a community 50 choice aggregation or community distributed generation project. 51 § 7. Section 1005 of the public authorities law is amended by adding a 52 new subdivision 27-d to read as follows: 53 27-d. The authority is authorized, as deemed feasible and advisable by 54 the trustees, to make available an amount up to twenty-five million 55 dollars annually to fund training programs to help prepare workers for 56 employment in the renewable energy field. The authority shall coordi-S. 4008 151 A. 3008 1 nate with the department of labor and the New York state energy and 2 research development authority on initiatives to help prepare workers 3 for employment in the renewable energy field and to maximize the impact 4 of authority resources made available pursuant to this subdivision. 5 § 8. Paragraph (a) and subparagraph 1 of paragraph (b) of subdivision 6 13-b of section 1005 of the public authorities law, added by section 4 7 of part CC of chapter 60 of the laws of 2011, are amended to read as 8 follows: 9 (a) Residential consumer electricity cost discount. Notwithstanding 10 any provision of this title or article six of the economic development 11 law to the contrary, the authority is authorized, as deemed feasible and 12 advisable by the trustees, to use revenues from the sale of hydroelec- 13 tric power, and such other funds of the authority as deemed feasible and 14 advisable by the trustees, to fund monthly payments to be made for the 15 benefit of such classes of electricity consumers as enjoyed the benefits 16 of authority hydroelectric power withdrawn pursuant to subdivision thir- 17 teen-a of this section, for the purpose of mitigating price impacts 18 associated with the reallocation of such power in the manner described 19 in this subdivision. Such monthly payments shall commence after such 20 hydroelectric power is withdrawn and shall cease August first, two thou- 21 sand twenty-three. The total annual amount of monthly payments for each 22 of the three twelve month periods following withdrawal of such [hyrdoe-23lectric] hydroelectric power shall be one hundred million dollars. The 24 total annual amount of monthly payments for each of the two subsequent 25 twelve month periods shall be seventy million dollars and fifty million 26 dollars, respectively. Thereafter, the total annual amount of monthly 27 payments for each twelve month period through the final period ending 28 August first, two thousand twenty-three shall be thirty million dollars. 29 The total amount of monthly payments shall be apportioned by the author- 30 ity among the utility corporations that, prior to the effective date of 31 this subdivision, purchased such hydroelectric power for the benefit of 32 their domestic and rural consumers according to the relative amounts of 33 such power purchased by such corporations. The monthly payments shall be 34 credited to the electricity bills of such corporations' domestic and 35 rural consumers in a manner to be determined by the public service 36 commission of the state of New York. The monthly credit provided by any 37 such corporation to any one consumer shall not exceed the total monthly 38 electric utility cost incurred by such consumer. 39 (1) Beginning with the second twelve month period after such hydro- 40 electric power is withdrawn, up to eight million dollars of the residen- 41 tial consumer electricity cost discount established by paragraph (a) of 42 this subdivision shall be dedicated for monthly payments to agricultural 43 producers who receive electric service at the residential rate, provided 44 that in the final twelve month period ending August first, two thousand 45 twenty-three, the amount dedicated for agricultural producers shall not 46 exceed twenty percent of the amount made available for the overall resi- 47 dential consumer electricity cost discount. The total amount of monthly 48 payments shall be apportioned by the authority among the utility corpo- 49 rations in the same manner as they are apportioned in paragraph (a) of 50 this subdivision. Monthly payments shall be credited to the electricity 51 bills of such corporations' agricultural consumers in a manner to be 52 determined by the public service commission of the state of New York. 53 The combined monthly credit, under this paragraph and paragraph (a) of 54 this subdivision, provided by any such corporation to any one consumer 55 shall not exceed the total monthly electric utility cost incurred by 56 such consumer.S. 4008 152 A. 3008 1 § 9. Subdivision 13-b of section 1005 of the public authorities law, 2 as added by section 4 of part CC of chapter 60 of the laws of 2011, 3 paragraph (a) and subparagraph 1 of paragraph (b) as amended by section 4 8 of this act, is amended to read as follows: 5 13-b. [Residential consumer discount programs. (a) Residential consum-6er electricity cost discount. Notwithstanding any provision of this7title or article six of the economic development law to the contrary,8the authority is authorized, as deemed feasible and advisable by the9trustees, to use revenues from the sale of hydroelectric power, and such10other funds of the authority as deemed feasible and advisable by the11trustees, to fund monthly payments to be made for the benefit of such12classes of electricity consumers as enjoyed the benefits of authority13hydroelectric power withdrawn pursuant to subdivision thirteen-a of this14section, for the purpose of mitigating price impacts associated with the15reallocation of such power in the manner described in this subdivision.16Such monthly payments shall commence after such hydroelectric power is17withdrawn and shall cease August first, two thousand twenty-three. The18total annual amount of monthly payments for each of the three twelve19month periods following withdrawal of such hydroelectric power shall be20one hundred million dollars. The total annual amount of monthly payments21for each of the two subsequent twelve month periods shall be seventy22million dollars and fifty million dollars, respectively. Thereafter, the23total annual amount of monthly payments for each twelve month period24through the final period ending August first, two thousand twenty-three25shall be thirty million dollars. The total amount of monthly payments26shall be apportioned by the authority among the utility corporations27that, prior to the effective date of this subdivision, purchased such28hydroelectric power for the benefit of their domestic and rural consum-29ers according to the relative amounts of such power purchased by such30corporations. The monthly payments shall be credited to the electricity31bills of such corporations' domestic and rural consumers in a manner to32be determined by the public service commission of the state of New York.33The monthly credit provided by any such corporation to any one consumer34shall not exceed the total monthly electric utility cost incurred by35such consumer.36(b)] Agricultural consumer electricity cost discount. (1) [Beginning37with the second twelve month period after such hydroelectric power is38withdrawn, up to eight million dollars of the residential consumer elec-39tricity cost discount established by paragraph (a) of this subdivision40shall be dedicated for monthly payments to agricultural producers who41receive electric service at the residential rate, provided that in the42final twelve month period ending August first, two thousand twenty-43three, the amount dedicated for agricultural producers shall not exceed44twenty percent of the amount made available for the overall residential45consumer electricity cost discount. The total amount of monthly payments46shall be apportioned by the authority among the utility corporations in47the same manner as they are apportioned in paragraph (a) of this subdi-48vision. Monthly payments shall be credited to the electricity bills of49such corporations' agricultural consumers in a manner to be determined50by the public service commission of the state of New York. The combined51monthly credit, under this paragraph and paragraph (a) of this subdivi-52sion, provided by any such corporation to any one consumer shall not53exceed the total monthly electric utility cost incurred by such consum-54er.] Notwithstanding any provision of this title or article six of the 55 economic development law to the contrary, the authority is authorized, 56 beginning in two thousand twenty-four, as deemed feasible and advisableS. 4008 153 A. 3008 1 by the trustees, to use revenues from the sale of hydroelectric power, 2 and such other funds of the authority as deemed feasible and advisable 3 by the trustees, to fund monthly payments to be made for the benefit of 4 agricultural producers who receive electric service at the residential 5 rate who enjoyed the benefits of authority hydroelectric power withdrawn 6 pursuant to subdivision thirteen-a of this section, and who were previ- 7 ously eligible to receive benefits under the agricultural consumer elec- 8 tricity cost discount created by section four of part CC of chapter 9 sixty of the laws of two thousand eleven, for the purpose of mitigating 10 price impacts associated with the reallocation of such power in the 11 manner described in this subdivision. Such monthly payments shall 12 commence September first, two thousand twenty-four. The total annual 13 amount of monthly payments shall not exceed five million dollars. 14 (2) The authority shall work cooperatively with the department of 15 public service to evaluate the agricultural consumer electricity cost 16 discount, which shall include an assessment of the benefits to recipi- 17 ents compared to the benefits the recipients received from the authori- 18 ty's hydroelectric power, withdrawn pursuant to subdivision thirteen-a 19 of this section, during the twelve month period ending December thirty- 20 first, two thousand ten, and compared to other agricultural consumers 21 that did not choose to receive the discount. 22 [(c)] (b) Energy efficiency program. (1) Beginning with the withdrawal 23 of such hydroelectric power, the authority or the New York state energy 24 research and development authority, shall conduct an energy efficiency 25 program for five years to provide energy efficiency improvements for the 26 purpose of reducing energy consumption for domestic and rural consumers. 27 Such energy efficiency program may be undertaken in cooperation with 28 other energy efficiency programs offered by utility corporations, state 29 agencies and authorities including but not limited to the New York state 30 energy research and development authority; provided however that energy 31 savings attributable to such other energy efficiency programs shall not 32 be included in determining the amount of energy saved pursuant to the 33 program established by this paragraph; 34 (2) The authority or the New York state energy research and develop- 35 ment authority shall annually post on their website a report evaluating 36 the energy efficiency program, including but not limited to, the number 37 of domestic and rural consumers who opted to participate in the program 38 and, if practicable, the estimated savings the domestic and rural 39 consumers received by participating in the energy efficiency program. 40 § 10. Subdivision 13-b of section 1005 of the public authorities law 41 is REPEALED. 42 § 11. Nothing in this act is intended to limit, impair, or affect the 43 legal authority of the Power Authority of the State of New York under 44 any other provision of law. 45 § 12. Severability. If any word, phrase, clause, sentence, paragraph, 46 section, or part of this act shall be adjudged by any court of competent 47 jurisdiction to be invalid, such judgment shall not affect, impair, or 48 invalidate the remainder thereof, but shall be confined in its operation 49 to the word, phrase, clause, sentence, paragraph, section, or part ther- 50 eof directly involved in the controversy in which such judgment shall 51 have been rendered. 52 § 13. This act shall take effect immediately; provided, however, that 53 section nine of this act shall take effect January 1, 2024; and provided 54 further, however, that section ten of this act shall take effect Decem- 55 ber 31, 2029.S. 4008 154 A. 3008 1 PART YY 2 Section 1. Section 4 of part LL of chapter 58 of the laws of 2019 3 amending the public authorities law relating to the provision of renewa- 4 ble power and energy by the Power Authority of the State of New York is 5 amended to read as follows: 6 § 4. This act shall take effect immediately; provided, however, that 7 the provisions of sections two and three of this act shall expire on 8 June 30, [2024] 2044 when upon such date the provisions of such sections 9 shall be deemed repealed, provided that such repeal shall not affect or 10 impair any act done, any right, permit or authorization accrued or 11 acquired, or any liability incurred, prior to the time such repeal takes 12 effect, and provided further that any project or contract that was 13 awarded by the power authority of the state of New York prior to such 14 repeal shall be permitted to continue under this act notwithstanding 15 such repeal. 16 § 2. This act shall take effect immediately. 17 PART ZZ 18 Section 1. Expenditures of moneys by the New York state energy 19 research and development authority for services and expenses of the 20 energy research, development and demonstration program, including 21 grants, the energy policy and planning program, and the Fuel NY program 22 shall be subject to the provisions of this section. Notwithstanding the 23 provisions of subdivision 4-a of section 18-a of the public service law, 24 all moneys committed or expended in an amount not to exceed $28,725,000 25 shall be reimbursed by assessment against gas corporations, as defined 26 in subdivision 11 of section 2 of the public service law and electric 27 corporations as defined in subdivision 13 of section 2 of the public 28 service law, where such gas corporations and electric corporations have 29 gross revenues from intrastate utility operations in excess of $500,000 30 in the preceding calendar year, and the total amount assessed shall be 31 allocated to each electric corporation and gas corporation in proportion 32 to its intrastate electricity and gas revenues in the calendar year 33 2021. Such amounts shall be excluded from the general assessment 34 provisions of subdivision 2 of section 18-a of the public service law. 35 The chair of the public service commission shall bill such gas and/or 36 electric corporations for such amounts on or before August 10, 2023 and 37 such amounts shall be paid to the New York state energy research and 38 development authority on or before September 10, 2023. Upon receipt, 39 the New York state energy research and development authority shall 40 deposit such funds in the energy research and development operating fund 41 established pursuant to section 1859 of the public authorities law. The 42 New York state energy research and development authority is authorized 43 and directed to: (1) transfer up to $4 million to the state general fund 44 for climate change related services and expenses of the department of 45 environmental conservation from the funds received; and (2) commencing 46 in 2016, provide to the chair of the public service commission and the 47 director of the budget and the chairs and secretaries of the legislative 48 fiscal committees, on or before August first of each year, an itemized 49 record, certified by the president and chief executive officer of the 50 authority, or his or her designee, detailing any and all expenditures 51 and commitments ascribable to moneys received as a result of this 52 assessment by the chair of the department of public service pursuant to 53 section 18-a of the public service law. This itemized record shallS. 4008 155 A. 3008 1 include an itemized breakdown of the programs being funded by this 2 section and the amount committed to each program. The authority shall 3 not commit for any expenditure, any moneys derived from the assessment 4 provided for in this section, until the chair of such authority shall 5 have submitted, and the director of the budget shall have approved, a 6 comprehensive financial plan encompassing all moneys available to and 7 all anticipated commitments and expenditures by such authority from any 8 source for the operations of such authority. Copies of the approved 9 comprehensive financial plan shall be immediately submitted by the chair 10 to the chairs and secretaries of the legislative fiscal committees. Any 11 such amount not committed by such authority to contracts or contracts to 12 be awarded or otherwise expended by the authority during the fiscal year 13 shall be refunded by such authority on a pro-rata basis to such gas 14 and/or electric corporations, in a manner to be determined by the 15 department of public service, and any refund amounts must be explicitly 16 lined out in the itemized record described above. 17 § 2. This act shall take effect immediately and shall be deemed to 18 have been in full force and effect on and after April 1, 2023. 19 PART AAA 20 Section 1. Legislative findings and declaration. 1. Pursuant to arti- 21 cle 75 of the environmental conservation law, as added by the Climate 22 Leadership and Community Protection Act, the department of environmental 23 conservation must promulgate regulations, by January 1, 2024, to ensure 24 achievement of the statewide greenhouse gas emission limits, as defined 25 and established therein. Among other requirements, the regulations 26 promulgated by such department pursuant to section 75-0109 of the envi- 27 ronmental conservation law must ensure that the aggregate emissions of 28 greenhouse gases from greenhouse gas emission sources will not exceed 29 the statewide greenhouse gas emissions limits established in section 30 75-0107 of the environmental conservation law; include legally enforcea- 31 ble emissions limits, performance standards, or measures or other 32 requirements to control emissions from greenhouse gas emission sources; 33 and reflect, in substantial part, the findings of the scoping plan 34 prepared by the Climate Action Council pursuant to section 75-0103 of 35 the environmental conservation law. 36 2. The scoping plan prepared by the Climate Action Council pursuant to 37 section 75-0103 of the environmental conservation law recommends that 38 the department of environmental conservation and the New York state 39 energy research and development authority adopt an economy-wide cap and 40 invest program to, among other purposes, ensure achievement of the 41 statewide greenhouse gas limits, as defined and established in article 42 75 of the environmental conservation law. 43 3. An economy-wide cap and invest program, established through regu- 44 lation by the department of environmental conservation and the New York 45 state energy research and development authority, would meet the require- 46 ments of section 75-0109 of the environmental conservation law. 47 4. While the establishment of an economy-wide cap and invest program 48 through regulation is the most cost-effective means of achieving the 49 statewide greenhouse gas emission limits, as defined and established in 50 article 75 of the environmental conservation law, the state must ensure 51 that energy costs are affordable for all members of the public. 52 5. To promote affordability, a portion of the proceeds of the auction 53 or sale of allowances under the economy-wide cap and invest program will 54 be designated to mitigate costs through the creation of a climate actionS. 4008 156 A. 3008 1 fund, that will assist in reducing the costs of the program for the 2 people of the state and for industrial small businesses within the 3 state, and which, in combination with other investments made possible by 4 the cap and invest program, help households and industrial small busi- 5 nesses reduce their energy costs by switching to clean energy. 6 6. In promulgating the regulations, pursuant to section 75-0109 of the 7 environmental conservation law, to establish an economy-wide cap and 8 invest program, the department of environmental conservation in consul- 9 tation with the New York state energy research and development authority 10 will prioritize affordability in the design of the program, including by 11 considering as part of the rulemaking process the aggregate cost of the 12 program when applying the carbon dioxide equivalent and statewide green- 13 house gas emission limit, as those terms are defined in section 75-0101 14 of the environmental conservation law, and, in addition the aggregate 15 cost of the program if the carbon dioxide equivalent and statewide 16 greenhouse gas limit as defined under internationally accepted best 17 practices or other metrics is applied. 18 7. To ensure the state maintains its role as a climate leader, the 19 economy-wide cap and invest program will be designed with the capacity 20 to link with other similar programs in other jurisdictions to lower 21 overall costs for the state to achieve the statewide greenhouse gas 22 emission limits, as defined and established in article 75 of the envi- 23 ronmental conservation law, and catalyze additional emissions reductions 24 and greater scale in the clean energy economy across multiple jurisdic- 25 tions. 26 8. The economy-wide cap and invest program to be established by the 27 department of environmental conservation and the New York state energy 28 research and development authority will be designed to create jobs and 29 preserve the competitiveness of the state's existing businesses, includ- 30 ing creating well-paying, family-sustaining jobs and by recognizing 31 energy intensive and trade exposed industries and designing program 32 elements, such as direct allocation of allowances to qualifying green- 33 house gas emission sources in such industries, to prevent leakage. 34 9. The economy-wide cap and invest program to be established by the 35 department of environmental conservation and the New York state energy 36 research and development authority will be designed to invest in and, as 37 appropriate, prioritize disadvantaged communities, including by ensuring 38 investments of the proceeds of allowances benefit disadvantaged communi- 39 ties, as required by section 75-0117 of the environmental conservation 40 law, and by designing other program elements to avoid disproportionate 41 burdens on disadvantaged communities. 42 10. To invest in a sustainable future, the proceeds of the auction or 43 sale of allowances under the economy-wide cap and invest program will 44 provide funding to support programmatic investments designed to achieve 45 the statewide greenhouse gas emission limit, as defined and established 46 in article 75 of the environmental conservation law, delivering benefits 47 across the state and enhancing livability, cutting transition costs for 48 consumers, and creating a better state. 49 § 2. Subdivision 1 of section 75-0101 of the environmental conserva- 50 tion law, as added by chapter 106 of the laws of 2019, is amended and 51 four new subdivisions 16, 17, 18 and 19 are added to read as follows: 52 1. "Allowance" means an authorization to emit[, during a specified53year, up to one ton of carbon dioxide equivalent] a fixed amount of 54 carbon dioxide equivalent, as created and issued by the department. 55 16. "Cap and invest program" shall mean the program, as established 56 through regulations adopted by the department and the authority,S. 4008 157 A. 3008 1 containing market-based declining annual aggregate emissions limits for 2 greenhouse gas sources or categories of greenhouse gas sources, by 3 setting an overall cap or maximum amount of emissions from all regulated 4 sources per compliance period; provided that a certain number of allow- 5 ances shall be created, issued and made available to persons, companies, 6 organizations or other entities for sale by auction or by direct allo- 7 cation; and provided further that the total number of allowances made 8 available in a compliance period shall not exceed the cap. 9 17. "Department" shall mean the department of environmental conserva- 10 tion. 11 18. "Authority" shall mean the New York state energy research and 12 development authority. 13 19. "Greenhouse gas emissions reduction account" shall mean a general 14 account to be established by the authority, into which the department 15 shall allocate allowances. 16 § 3. Subdivision 2 of section 75-0109 of the environmental conserva- 17 tion law is amended by adding two new paragraphs e and f to read as 18 follows: 19 e. Notwithstanding any other provision of law, utilize software 20 systems and/or electronic mechanisms to ensure adequate data collection 21 and assess greenhouse gas emission sources compliance with regulations. 22 f. At the discretion of the department, greenhouse gas emission sourc- 23 es may be required to submit compliance items electronically and main- 24 tain and utilize electronic signatures for verification purposes. 25 § 4. Subdivision 1 of section 75-0111 of the environmental conserva- 26 tion law is amended by adding a new paragraph d to read as follows: 27 d. Working group members shall receive no compensation for their 28 services but shall be reimbursed for actual and necessary expenses 29 incurred in the performance of their duties. 30 § 5. Paragraphs a and b of subdivision 2 of section 75-0111 of the 31 environmental conservation law, as added by chapter 106 of the laws of 32 2019, are amended to read as follows: 33 a. The [council] working group shall hold at least six regional public 34 hearings on the draft criteria and the draft list of disadvantaged 35 communities, including three meetings in the upstate region and three 36 meetings in the downstate region, and shall allow at least one hundred 37 twenty days for the submission of public comment. 38 b. The [council] working group shall also ensure that there are mean- 39 ingful opportunities for public comment for all segments of the popu- 40 lation that will be impacted by the criteria, including persons living 41 in areas that may be identified as disadvantaged communities under the 42 proposed criteria. 43 § 6. The environmental conservation law is amended by adding a new 44 section 75-0121 to read as follows: 45 § 75-0121. Allocation of allowances. 46 1. The department shall transfer all or a portion of allowances, as 47 created and issued by the department pursuant to the cap and invest 48 program, to the greenhouse gas emissions reduction account for auction 49 or sale thereof. 50 2. Energy-intensive and trade-exposed facilities, as determined by the 51 department, must receive an allocation of allowances for the covered 52 emissions under a cap and invest program at no cost in a manner deter- 53 mined by the department. The department shall adopt a regulation that 54 identifies criteria for both energy intensity and trade exposure for the 55 purpose of identifying energy-intensive and trade-exposed facilities andS. 4008 158 A. 3008 1 identifies the procedure for such facilities to receive no cost allow- 2 ances. 3 § 7. Section 1854 of the public authorities law is amended by adding 4 three new subdivisions 24, 25 and 26 to read as follows: 5 24. Climate risk-related and energy transition activities. To conduct, 6 foster, assist, evaluate, and support programs and services related to: 7 greenhouse gas emissions or co-pollutant reductions; research, analysis 8 and support of climate mitigation, adaptation, and resilience; other 9 measures as identified in the scoping plan developed pursuant to section 10 75-0103 of the environmental conservation law, including without limita- 11 tion those measures identified relative to a just transition or work- 12 force development; or measures identified in the state energy plan 13 developed pursuant to article six of the energy law. 14 25. To administer, implement, and support the greenhouse gas emissions 15 reduction account as defined in section 75-0101 of the environmental 16 conservation law, in such a manner that allowances allocated to such 17 account by the department of environmental conservation, pursuant to 18 regulations adopted pursuant to section 75-0109 of the environmental 19 conservation law and other existing authority, will be made available 20 for auction or sale pursuant to the cap and invest program, as defined 21 in section 75-0101 of the environmental conservation law. The proceeds 22 from the sale of allowances will be placed into a segregated authority 23 funding account, established pursuant to section eighteen hundred 24 fifty-nine of this title, and shall not be commingled with other author- 25 ity funds. Except as otherwise set forth in this title, the authority 26 may use such proceeds for activities developed in accordance with the 27 cap and invest program, as defined in section 75-0101 of the environ- 28 mental conservation law, including but not limited to administrative 29 costs, auction design and support costs, and program design, implementa- 30 tion, evaluation, and support costs associated with such cap and invest 31 program. 32 26. Within thirty days following receipt of proceeds collected from 33 the auction or sale of allowances allocated by the department of envi- 34 ronmental conservation to the authority, pursuant to regulations adopted 35 by the department of environmental conservation in relation to section 36 75-0109 of the environmental conservation law and other existing author- 37 ity, the authority shall make the following transfers from such segre- 38 gated authority funding account: 39 (a) Not less than thirty percent to the New York climate action fund 40 consumer climate action account established pursuant to section ninety- 41 nine-qq of the state finance law. 42 (b) Up to three percent to the New York climate action fund industrial 43 small business climate action account established pursuant to section 44 ninety-nine-qq of the state finance law. 45 (c) An amount to the state general fund to support costs of the 46 department of environmental conservation, and other state agencies and 47 authorities as appropriate, associated with such cap and invest program. 48 § 8. The state finance law is amended by adding a new section 99-qq to 49 read as follows: 50 § 99-qq. New York climate action fund. 1. There is hereby established 51 in the joint custody of the commissioner of taxation and finance and the 52 state comptroller a special fund to be known as the "New York climate 53 action fund". 54 2. The comptroller shall establish the following separate and 55 distinct accounts within the New York climate action fund: 56 (a) consumer climate action account; andS. 4008 159 A. 3008 1 (b) industrial small business climate action account. 2 3. (a) The New York climate action fund consumer climate action 3 account shall consist of moneys received by the state pursuant to para- 4 graph (a) of subdivision twenty-six of section eighteen hundred fifty- 5 four of the public authorities law, and all other moneys appropriated, 6 credited, or transferred thereto from any other fund or source pursuant 7 to law. Moneys of the account shall be expended for the purposes of 8 providing a payment to help reduce potential increased costs of various 9 goods and services that may result from the implementation of the cap 10 and invest program to consumers in the state. 11 (b) The New York climate action fund industrial small business climate 12 action account shall consist of moneys received by the state pursuant to 13 paragraph (b) of subdivision twenty-six of section eighteen hundred 14 fifty-four of the public authorities law, and all other moneys appropri- 15 ated, credited, or transferred thereto from any other fund or source 16 pursuant to law. Moneys of the account shall be expended for the 17 purposes of providing a payment to help reduce potential increased costs 18 of various goods and services that may result from the implementation of 19 the cap and invest program to industrial small businesses incorporated 20 in the state of New York. 21 4. Moneys in the New York climate action fund shall be kept separate 22 from and shall not be commingled with any other moneys in the custody of 23 the comptroller or the commissioner of taxation and finance. Provided, 24 however, that any moneys of the fund not required for immediate use may, 25 at the discretion of the comptroller, in consultation with the director 26 of the division of budget, be invested by the comptroller in obligations 27 of the United States or the state. The proceeds of any such investment 28 shall be retained by the fund as assets to be used for purposes of the 29 fund. 30 § 9. This act shall take effect immediately. 31 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 32 sion, section or part of this act shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder thereof, but shall be confined in 35 its operation to the clause, sentence, paragraph, subdivision, section 36 or part thereof directly involved in the controversy in which such judg- 37 ment shall have been rendered. It is hereby declared to be the intent of 38 the legislature that this act would have been enacted even if such 39 invalid provisions had not been included herein. 40 § 3. This act shall take effect immediately provided, however, that 41 the applicable effective date of Parts A through AAA of this act shall 42 be as specifically set forth in the last section of such Parts.
