Bill Text: NY A09008 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2022-2023 state fiscal year; relates to providing for mass transportation payments, in relation to the amount of payments in the Capital District Transportation District; adds Montgomery County to such District (Part E); relates to the electronic submission and public posting of bids for New York state thruway authority construction, reconstruction and improvement contracts (Part F); increases the statutory threshold for mandatory use of design-build by the metropolitan transportation authority (Part H); relates to procurements conducted by the metropolitan transportation authority and the New York city transit authority (Part I); relates to the New York transit authority and the metropolitan transportation authority, in relation to extending authorization for tax increment financing for the metropolitan transportation authority (Part J); relates to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof (Part O); relates to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; relates to the costs of the department of motor vehicles, in relation to the effectiveness thereof (Part P); establishes an identification card program; waives non-driver identification application fees for incarcerated individuals (Part Q); requires all state agencies to update all applicable forms and data systems to include a gender "x" option (Part R); authorizes the disclosure of records for the public service loan forgiveness program (Part S); relates to the pilot program for entertainment industry employees and the pilot program for displaced workers; relates to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness thereof (Part T); relates to brownfield opportunity areas (Part U); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with the Winter World University Games; provides for the repeal of such provisions upon expiration thereof (Part X); relates to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part Y); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part Z); amends the infrastructure investment act, in relation to requiring project labor agreements when undertaking certain authorized projects, and in relation to the effectiveness thereof; authorizes, for certain public works undertaken pursuant to project labor agreements, use of the alternative delivery method known as design-build contracts, in relation to the definition of authorized entity, and in relation to the effectiveness thereof (Part AA); relates to the excelsior linked deposit program (Part BB); creates the small business seed funding grant program (Part CC); relates to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part DD); relates to the cannabis social equity fund (Part II); repeals certain provisions of law relating to fiber optic cable (Part JJ); t removes a program cap and allows funding of the solid waste mitigation program's inactive landfill initiative (Part KK); relates to eligibility for participation in the brownfield cleanup program, assignment of the brownfield redevelopment tax credits and brownfield opportunity areas; relates to brownfield redevelopment tax credits, remediated brownfield credit for real property taxes for qualified sites and environmental remediation insurance credits, in relation to the effectiveness thereof (Part LL); extends the waste tire management fee; conforms the applicable administrative provisions to article 28 of the tax law (Part MM); authorizes the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2022 "restore mother nature" for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2022, in relation to creating the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 (Part NN); relates to the implementation of the environmental bond act of 2022 "restore mother nature", in relation to renaming such act the "clean water, clean air, and green jobs environmental bond act of 2022" (Part OO); increases the transfer amount from the real estate transfer tax to the environmental protection fund (Part PP); relates to freshwater wetlands; (Part QQ); relates to the water pollution control revolving fund (Part UU); relates to the vessel surcharge (Part WW); relates to river regulating district payment of taxes on lands owned by the state (Part XX); relates to the powers, functions and duties of the state council of parks, recreation and historic preservation and the regional park, recreation and historic preservation commissions (Part YY); authorizes the 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 department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part AAA); 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; provides for the repeal of such provisions upon the expiration thereof (Part BBB); authorizes the power authority of the state of New York to enter into agreements with state instrumentalities and municipal entities for the use of excess capacity in its broadband technologies and infrastructure (Part FFF); establishes the commercial driver's license (CDL) class A young adult training program (Part GGG); expands the Restore New York's Communities Initiative (Part HHH); requires assessments to defray operating expenses on persons regulated by the department of financial services that engage in virtual currency business activity (Part III); requires the department of taxation and finance contract with an economic impact firm for the purposes of conducting an independent, comprehensive, analysis of each tax credit, tax deduction, and tax incentive (Part JJJ); enhances the state's flood mitigation and coastal resiliency activities (Part KKK); requires the metropolitan transportation authority to publish certain data relating to capital programs on the authority's website (Part LLL); enacts the "working to implement reliable and equitable deployment of broadband act (WIRED broadband act)" (Part MMM); relates to the reporting of economic development benefits and establishing a searchable state subsidy and aggregate economic development benefits database (Part NNN).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-04-08 - substituted by s8008c [A09008 Detail]
Download: New_York-2021-A09008-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 8008--C A. 9008--C SENATE - ASSEMBLY January 19, 2022 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C); intentionally omitted (Part D); to amend part I of chapter 413 of the laws of 1999, relating to providing for mass transportation payments, in relation to the amount of payments in the Capital District Transportation District and adding Montgomery County to such District (Part E); to amend the public authorities law, in relation to the electronic submission and public posting of bids for New York state thruway authority construction, reconstruction and improvement contracts (Part F); intentionally omit- ted (Part G); to amend the public authorities law, in relation to increasing the statutory threshold for mandatory use of design-build by the metropolitan transportation authority (Part H); to amend the public authorities law, in relation to procurements conducted by the metropolitan transportation authority and the New York city transit authority (Part I); to amend part PP of chapter 54 of the laws of 2016 amending the general municipal law relating to the New York transit authority and the metropolitan transportation authority, in relation to extending authorization for tax increment financing for the metropolitan transportation authority (Part J); intentionally omitted (Part K); intentionally omitted (Part L); intentionally omit- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12673-05-2S. 8008--C 2 A. 9008--C ted (Part M); intentionally omitted (Part N); to amend chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traf- fic law relating to establishing the accident prevention course inter- net technology pilot program, in relation to the effectiveness thereof (Part O); to amend part U1 of chapter 62 of the laws of 2003, amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effective- ness thereof; and to amend part B of chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to the effectiveness thereof (Part P); to amend the correction law, in relation to establishing an identifi- cation card program; and to amend the vehicle and traffic law, in relation to waiving non-driver identification application fees for incarcerated individuals (Part Q); to amend the civil rights law, in relation to requiring all state agencies to update all applicable forms and data systems to include a gender "x" option (Part R); to amend the public officers law, in relation to authorizing the disclo- sure of records for the public service loan forgiveness program (Part S); to amend the insurance law, in relation to the pilot program for entertainment industry employees and the pilot program for displaced workers, and 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 T); to amend the general municipal law, in relation to brownfield opportunity areas (Part U); intentionally omitted (Part V); intentionally omitted (Part W); in relation to authorizing certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with the Winter World University Games; and providing for the repeal of such provisions upon expiration thereof (Part X); 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 Y); to amend the urban development corpo- ration act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part Z); to amend the infrastructure investment act, in relation to requiring project labor agreements when undertaking certain authorized projects, and in relation to the effec- tiveness thereof; and to amend chapter 749 of the laws of 2019 author- izing, for certain public works undertaken pursuant to project labor agreements, use of the alternative delivery method known as design- build contracts, in relation to the definition of authorized entity, and in relation to the effectiveness thereof (Part AA); to amend the state finance law, in relation to the excelsior linked deposit program (Part BB); to amend the New York state urban development corporation act, in relation to creating the small business seed funding grant program (Part CC); to amend chapter 584 of the laws of 2011, amend- ing the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part DD); intentionally omitted (Part EE); intentionally omitted (Part FF); intentionally omitted (Part GG); intentionally omitted (Part HH); to amend the state finance law and the public authorities law, in relation to the cannabis social equity fund (Part II); to repeal certain provisions of the highway law andS. 8008--C 3 A. 9008--C transportation corporations law, relating to fiber optic cable (Part JJ); to amend the environmental conservation law, in relation to removing a program cap and allowing funding of the solid waste miti- gation program's inactive landfill initiative (Part KK); to amend the environmental conservation law and the tax law, in relation to eligi- bility for participation in the brownfield cleanup program, assignment of the brownfield redevelopment tax credits and brownfield opportunity areas; and to amend part H of chapter 1 of the laws of 2003, amending the tax law relating to brownfield redevelopment tax credits, remedi- ated brownfield credit for real property taxes for qualified sites and environmental remediation insurance credits, in relation to the effec- tiveness thereof (Part LL); to amend the environmental conservation law, in relation to extending the waste tire management fee and conforming the applicable administrative provisions to article 28 of the tax law (Part MM); to amend part TT of chapter 59 of the laws of 2021 authorizing the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2022 "restore mother nature" for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2022, in relation to creating the Clean Water, Clean Air, and Green Jobs Envi- ronmental Bond Act of 2022 (Part NN); to amend the environmental conservation law, the state finance law, and part UU of chapter 59 of the laws of 2021 amending the environmental conservation law and the state finance law relating to the implementation of the environmental bond act of 2022 "restore mother nature", in relation to renaming such act the "clean water, clean air, and green jobs environmental bond act of 2022" (Part OO); to amend the tax law, in relation to increasing the transfer amount from the real estate transfer tax to the environ- mental protection fund (Part PP); to amend the environmental conserva- tion law, in relation to freshwater wetlands; and to repeal certain provisions of such law relating thereto (Part QQ); intentionally omit- ted (Part RR); intentionally omitted (Part SS); intentionally omitted (Part TT); to amend the environmental conservation law, in relation to the water pollution control revolving fund (Part UU); intentionally omitted (Part VV); to amend the vehicle and traffic law and the state finance law, in relation to the vessel surcharge; and to repeal certain provisions of the state finance law relating thereto (Part WW); to amend the environmental conservation law and the real property tax law, in relation to river regulating district payment of taxes on lands owned by the state (Part XX); to amend the parks, recreation and historic preservation law, in relation to the powers, functions and duties of the state council of parks, recreation and historic preser- vation and the regional park, recreation and historic preservation commissions; and to repeal certain provisions of such law relating thereto (Part YY); intentionally omitted (Part ZZ); to authorize the 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 and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part AAA); 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 agricultureS. 8008--C 4 A. 9008--C and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues; and providing for the repeal of such provisions upon the expiration thereof (Part BBB); intentionally omit- ted (Part CCC); intentionally omitted (Part DDD); intentionally omit- ted (Part EEE); to amend the public authorities law, in relation to authorizing the power authority of the state of New York to enter into agreements with state instrumentalities and municipal entities for the use of excess capacity in its broadband technologies and infrastruc- ture (Part FFF); to amend the vehicle and traffic law, in relation to establishing the commercial driver's license (CDL) class A young adult training program; and to repeal subdivision 36 of section 14 of the transportation law relating thereto (Part GGG); to amend the urban development corporation act, in relation to expanding the Restore New York's Communities Initiative (Part HHH); to amend the financial services law, in relation to requiring assessments to defray operating expenses on persons regulated by the department of financial services that engage in virtual currency business activity (Part III); to amend the tax law, in relation to requiring the department of taxation and finance contract with an economic impact firm for the purposes of conducting an independent, comprehensive, analysis of each tax credit, tax deduction, and tax incentive (Part JJJ); to amend the environ- mental conservation law, in relation to enhancing the state's flood mitigation and coastal resiliency activities (Part KKK); to amend the public authorities law, in relation to requiring the metropolitan transportation authority to publish certain data relating to capital programs on the authority's website (Part LLL); to amend the New York state urban development corporation act, the general municipal law and the labor law, in relation to enacting the "working to implement reli- able and equitable deployment of broadband act (WIRED broadband act)" (Part MMM); and to amend chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, the economic development law, and the public authorities law, in relation to the reporting of economic development benefits and establishing a searcha- ble state subsidy and aggregate economic development benefits database (Part NNN) 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 2022-2023 state fiscal 4 year. Each component is wholly contained within a Part identified as 5 Parts A through NNN. 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 in 11 which it is found. Section three of this act sets forth the general 12 effective date of this act. 13 PART AS. 8008--C 5 A. 9008--C 1 Intentionally Omitted 2 PART B 3 Intentionally Omitted 4 PART C 5 Intentionally Omitted 6 PART D 7 Intentionally Omitted 8 PART E 9 Section 1. Section 1 of part I of chapter 413 of the laws of 1999, 10 relating to providing for mass transportation payments, as amended by 11 section 1 of part D of chapter 58 of the laws of 2015, is amended to 12 read as follows: 13 Section 1. Notwithstanding any other law, rule or regulation to the 14 contrary, payment of mass transportation operating assistance pursuant 15 to section 18-b of the transportation law shall be subject to the 16 provisions contained herein and the amounts made available therefor by 17 appropriation. 18 In establishing service and usage formulas for distribution of mass 19 transportation operating assistance, the commissioner of transportation 20 may combine and/or take into consideration those formulas used to 21 distribute mass transportation operating assistance payments authorized 22 by separate appropriations in order to facilitate program administration 23 and to ensure an orderly distribution of such funds. 24 To improve the predictability in the level of funding for those 25 systems receiving operating assistance payments under service and usage 26 formulas, the commissioner of transportation is authorized with the 27 approval of the director of the budget, to provide service payments 28 based on service and usage statistics of the preceding year. 29 In the case of a service payment made, pursuant to section 18-b of the 30 transportation law, to a regional transportation authority on account of 31 mass transportation services provided to more than one county (consider- 32 ing the city of New York to be one county), the respective shares of the 33 matching payments required to be made by a county to any such authority 34 shall be as follows: 35 Percentage 36 of Matching 37 Local Jurisdiction Payment 38 -------------------------------------------- 39 In the Metropolitan Commuter 40 Transportation District: 41 New York City ................ 6.40 42 Dutchess ..................... 1.30 43 Nassau ....................... 39.60S. 8008--C 6 A. 9008--C 1 Orange ....................... 0.50 2 Putnam ....................... 1.30 3 Rockland ..................... 0.10 4 Suffolk ...................... 25.70 5 Westchester .................. 25.10 6 In the Capital District Trans- 7 portation District: 8 Albany ....................... [56.10] 55.27 9 Rensselaer ................... [23.30] 22.96 10 Saratoga ..................... [4.10] 4.04 11 Schenectady .................. [16.50] 16.26 12 Montgomery ................... 1.47 13 In the Central New York Re- 14 gional Transportation Dis- 15 trict: 16 Cayuga ....................... 5.11 17 Onondaga ..................... 75.83 18 Oswego ....................... 2.85 19 Oneida ....................... 16.21 20 In the Rochester-Genesee Re- 21 gional Transportation Dis- 22 trict: 23 Genesee ...................... 1.36 24 Livingston ................... .90 25 Monroe ....................... 90.14 26 Wayne ........................ .98 27 Wyoming ...................... .51 28 Seneca ....................... .64 29 Orleans ...................... .77 30 Ontario ...................... 4.69 31 In the Niagara Frontier Trans- 32 portation District: Erie ......................... 89.20 33 Niagara ...................... 10.80 34 Notwithstanding any other inconsistent provisions of section 18-b of 35 the transportation law or any other law, any moneys provided to a public 36 benefit corporation constituting a transportation authority or to other 37 public transportation systems in payment of state operating assistance 38 or such lesser amount as the authority or public transportation system 39 shall make application for, shall be paid by the commissioner of trans- 40 portation to such authority or public transportation system in lieu, and 41 in full satisfaction, of any amounts which the authority would otherwise 42 be entitled to receive under section 18-b of the transportation law. 43 Notwithstanding the reporting date provision of section 17-a of the 44 transportation law, the reports of each regional transportation authori- 45 ty and other major public transportation systems receiving mass trans- 46 portation operating assistance shall be submitted on or before July 15 47 of each year in the format prescribed by the commissioner of transporta- 48 tion. Copies of such reports shall also be filed with the chairpersons 49 of the senate finance committee and the assembly ways and means commit- 50 tee and the director of the budget. The commissioner of transportation 51 may withhold future state operating assistance payments to public trans- 52 portation systems or private operators that do not provide such reports. 53 Payments may be made in quarterly installments as provided in subdivi- 54 sion 2 of section 18-b of the transportation law or in such other manner 55 and at such other times as the commissioner of transportation, with theS. 8008--C 7 A. 9008--C 1 approval of the director of the budget, may provide; and where payment 2 is not made in the manner provided by such subdivision 2, the matching 3 payments required of any city, county, Indian tribe or intercity bus 4 company shall be made within 30 days of the payment of state operating 5 assistance pursuant to this section or on such other basis as may be 6 agreed upon by the commissioner of transportation, the director of the 7 budget, and the chief executive officer of such city, county, Indian 8 tribe or intercity bus company. 9 The commissioner of transportation shall be required to annually eval- 10 uate the operating and financial performance of each major public trans- 11 portation system. Where the commissioner's evaluation process has iden- 12 tified a problem related to system performance, the commissioner may 13 request the system to develop plans to address the performance deficien- 14 cies. The commissioner of transportation may withhold future state oper- 15 ating assistance payments to public transportation systems or private 16 operators that do not provide such operating, financial, or other infor- 17 mation as may be required by the commissioner to conduct the evaluation 18 process. 19 Payments shall be made contingent upon compliance with regulations 20 deemed necessary and appropriate, as prescribed by the commissioner of 21 transportation and approved by the director of the budget, which shall 22 promote the economy, efficiency, utility, effectiveness, and coordinated 23 service delivery of public transportation systems. The chief executive 24 officer of each public transportation system receiving a payment shall 25 certify to the commissioner of transportation, in addition to informa- 26 tion required by section 18-b of the transportation law, such other 27 information as the commissioner of transportation shall determine is 28 necessary to determine compliance and carry out the purposes herein. 29 Counties, municipalities or Indian tribes that propose to allocate 30 service payments to operators on a basis other than the amount earned by 31 the service payment formula shall be required to describe the proposed 32 method of distributing governmental operating aid and submit it one 33 month prior to the start of the operator's fiscal year to the commis- 34 sioner of transportation in writing for review and approval prior to the 35 distribution of state aid. The commissioner of transportation shall only 36 approve alternate distribution methods which are consistent with the 37 transportation needs of the people to be served and ensure that the 38 system of private operators does not exceed established maximum service 39 payment limits. Copies of such approvals shall be submitted to the 40 chairpersons of the senate finance and assembly ways and means commit- 41 tees. 42 Notwithstanding the provisions of subdivision 4 of section 18-b of the 43 transportation law, the commissioner of transportation is authorized to 44 continue to use prior quarter statistics to determine current quarter 45 payment amounts, as initiated in the April to June quarter of 1981. In 46 the event that actual revenue passengers and actual total number of 47 vehicle, nautical or car miles are not available for the preceding quar- 48 ter, estimated statistics may be used as the basis of payment upon 49 approval by the commissioner of transportation. In such event, the 50 succeeding payment shall be adjusted to reflect the difference between 51 the actual and estimated total number of revenue passengers and vehicle, 52 nautical or car miles used as the basis of the estimated payment. The 53 chief executive officer may apply for less aid than the system is eligi- 54 ble to receive. Each quarterly payment shall be attributable to operat- 55 ing expenses incurred during the quarter in which it is received, unless 56 otherwise specified by such commissioner. In the event that a publicS. 8008--C 8 A. 9008--C 1 transportation system ceases to participate in the program, operating 2 assistance due for the final quarter that service is provided shall be 3 based upon the actual total number of revenue passengers and the actual 4 total number of vehicle, nautical or car miles carried during that quar- 5 ter. 6 Payments shall be contingent on compliance with audit requirements 7 determined by the commissioner of transportation. 8 In the event that an audit of a public transportation system or 9 private operator receiving funds discloses the existence of an overpay- 10 ment of state operating assistance, regardless of whether such an over- 11 payment results from an audit of revenue passengers and the actual 12 number of revenue vehicle miles statistics, or an audit of private oper- 13 ators in cases where more than a reasonable return based on equity or 14 operating revenues and expenses has resulted, the commissioner of trans- 15 portation, in addition to recovering the amount of state operating 16 assistance overpaid, shall also recover interest, as defined by the 17 department of taxation and finance, on the amount of the overpayment. 18 Notwithstanding any other law, rule or regulation to the contrary, 19 whenever the commissioner of transportation is notified by the comp- 20 troller that the amount of revenues available for payment from an 21 account is less than the total amount of money for which the public mass 22 transportation systems are eligible pursuant to the provisions of 23 section 88-a of the state finance law and any appropriations enacted for 24 these purposes, the commissioner of transportation shall establish a 25 maximum payment limit which is proportionally lower than the amounts set 26 forth in appropriations. 27 Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a 28 of the state finance law and any other general or special law, payments 29 may be made in quarterly installments or in such other manner and at 30 such other times as the commissioner of transportation, with the 31 approval of the director of the budget may prescribe. 32 § 2. This act shall take effect immediately and shall be deemed to 33 have been in full force and effect on and after April 1, 2022. 34 PART F 35 Section 1. Subdivision 1 of section 359 of the public authorities law, 36 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is 37 amended to read as follows: 38 1. On assuming jurisdiction of a thruway section or connection or any 39 part thereof, or of a highway connection, the authority shall proceed 40 with the construction, reconstruction or improvement thereof. All such 41 work shall be done pursuant to a contract or contracts which shall be 42 let to the lowest responsible bidder, by sealed proposals publicly 43 opened, after public advertisement and upon such terms and conditions as 44 the authority shall require; provided, however, that the authority may 45 reject any and all proposals and may advertise for new proposals, as 46 herein provided, if in its opinion, the best interests of the authority 47 will thereby be promoted; provided further, however, that at the request 48 of the authority, all or any portion of such work, together with any 49 engineering required by the authority in connection therewith, shall be 50 performed by the commissioner and his subordinates in the department of 51 transportation as agents for, and at the expense of, the authority. A 52 sealed proposal may be accepted through an electronic platform estab- 53 lished or used by the authority, provided that any sealed proposalS. 8008--C 9 A. 9008--C 1 received electronically shall be made public at the same time as any 2 competing paper proposal, and provided further that the authority shall, 3 at minimum, provide the same opportunity and time for submitting sealed 4 proposals physically as for sealed proposals submitted electronically, 5 and shall provide the opportunity for bidders to submit sealed proposals 6 physically any time that it provides the opportunity to submit sealed 7 electronic proposals. In addition, the authority shall establish a proc- 8 ess for accommodating force majeure events that prevent the submission 9 of a sealed electronic proposal, including but not limited to internet 10 and power outage events, and for automatically confirming receipt of any 11 sealed electronic proposal received. All bidders shall be notified of 12 the time and place of any such adjournment or rejection. 13 § 2. This act shall take effect immediately. 14 PART G 15 Intentionally Omitted 16 PART H 17 Section 1. Subdivision 1 of section 1264 of the public authorities 18 law, as amended by section 2 of subpart B of part ZZZ of chapter 59 of 19 the laws of 2019, is amended to read as follows: 20 1. The purposes of the authority shall be the continuance, further 21 development and improvement of commuter transportation and other 22 services related thereto within the metropolitan commuter transportation 23 district, including but not limited to such transportation by railroad, 24 omnibus, marine and air, in accordance with the provisions of this 25 title. It shall be the further purpose of the authority, consistent with 26 its status as the ex officio board of both the New York city transit 27 authority and the triborough bridge and tunnel authority, to develop and 28 implement a unified mass transportation policy for such district in an 29 efficient and cost-effective manner that includes the use of design- 30 build contracting on all projects over [twenty-five] two hundred million 31 dollars in cost for new construction and all projects over four hundred 32 million dollars in cost for projects that are predominantly rehabili- 33 tation or replacement of existing assets except where a waiver is grant- 34 ed by the New York state budget director pursuant to a request in writ- 35 ing from the metropolitan transportation authority. For purposes of 36 granting a waiver pursuant to this section, such review shall consider 37 whether the design build contracting method is appropriate for the 38 project that such waiver is sought for, and the amount of savings and 39 efficiencies that could be achieved using such method. The determination 40 for such waiver shall be made in writing within forty-five days from 41 request or shall be deemed granted. 42 § 2. This act shall take effect immediately. 43 PART I 44 Section 1. Paragraph (b) of subdivision 7 of section 1209 of the 45 public authorities law, as amended by section 3 of subpart C of part ZZZ 46 of chapter 59 of the laws of 2019, is amended to read as follows: 47 (b) Section twenty-eight hundred seventy-nine of this chapter shall 48 apply to the authority's acquisition of goods or services of any kind, 49 in the actual or estimated amount of fifteen thousand dollars or more,S. 8008--C 10 A. 9008--C 1 provided that (i) a contract for services in the actual or estimated 2 amount of one million dollars or less shall not require approval by the 3 board of the authority regardless of the length of the period over which 4 the services are rendered, and provided further that a contract for 5 services in the actual or estimated amount in excess of one million 6 dollars shall require approval by the board of the authority regardless 7 of the length of the period over which the services are rendered unless 8 such a contract is awarded to the lowest responsible bidder after 9 obtaining sealed bids and (ii) the board of the authority may by resol- 10 ution adopt guidelines that authorize the award of contracts to small 11 business concerns, to service disabled veteran owned businesses certi- 12 fied pursuant to article seventeen-B of the executive law, or minority 13 or women-owned business enterprises certified pursuant to article 14 fifteen-A of the executive law, or purchases of goods or technology that 15 are recycled or remanufactured, in an amount not to exceed one million 16 five hundred thousand dollars without a formal competitive process and 17 without further board approval. The board of the authority shall adopt 18 guidelines which shall be made publicly available for the awarding of 19 such contract without a formal competitive process. 20 § 2. Paragraph (e) of subdivision 9 of section 1209 of the public 21 authorities law, as added by chapter 929 of the laws of 1986, is amended 22 to read as follows: 23 (e) the item is available through an existing contract between a 24 vendor and (i) another public authority provided that such other author- 25 ity utilized a process of competitive bidding or a process of compet- 26 itive requests for proposals to award such contract, (ii) the United 27 States general services administration provided that such administration 28 utilized a process of competitive bidding or a process of competitive 29 requests for proposals to award such contract, (iii) Nassau county or 30 [(ii)] (iv) the state of New York or the city of New York, provided that 31 in any case when the authority under this paragraph determines that 32 obtaining such item thereby would be in the public interest and sets 33 forth the reasons for such determination. Such rationale shall include, 34 but need not be limited to, a determination of need, a consideration of 35 the procurement method by which the contract was awarded, an analysis of 36 alternative procurement sources including an explanation why a compet- 37 itive procurement or the use of a centralized contract let by the 38 commissioner of the office of general services is not in the best inter- 39 est of the authority, and the reasonableness of cost. The authority 40 shall accept sole responsibility for any payment due the vendor as a 41 result of the authority's order; or 42 § 3. Subdivision 10 of section 1209 of the public authorities law, as 43 added by chapter 929 of the laws of 1986, is amended to read as follows: 44 10. Upon the adoption of a resolution by the authority stating, for 45 reasons of efficiency, economy, compatibility or maintenance reliabil- 46 ity, that there is a need for standardization, the authority may estab- 47 lish procedures whereby particular supplies, materials or equipment are 48 identified on a qualified products list. Such procedures shall provide 49 for products or vendors to be added to or deleted from such list and 50 shall include provisions for public advertisement of the manner in which 51 such lists are compiled. The authority shall review such list no less 52 than [twice] once a year for the purpose of making modifications there- 53 to. Contracts for particular supplies, materials or equipment identi- 54 fied on a qualified products list may be awarded by the authority to the 55 lowest responsible bidder after obtaining sealed bids in accordance with 56 this section or without competitive sealed bids in instances when theS. 8008--C 11 A. 9008--C 1 item is available from only a single source, except that the authority 2 may dispense with advertising provided that it mails copies of the invi- 3 tation to bid to all vendors of the particular item on the qualified 4 products list. 5 § 4. Paragraph (b) of subdivision 2 of section 1265-a of the public 6 authorities law, as amended by section 3-a of subpart C of part ZZZ of 7 chapter 59 of the laws of 2019, is amended to read as follows: 8 (b) Section twenty-eight hundred seventy-nine of this chapter shall 9 apply to the authority's acquisition of goods or services of any kind, 10 in the actual or estimated amount of fifteen thousand dollars or more, 11 provided (i) that a contract for services in the actual or estimated 12 amount of one million dollars or less shall not require approval by the 13 board of the authority regardless of the length of the period over which 14 the services are rendered, and provided further that a contract for 15 services in the actual or estimated amount in excess of one million 16 dollars shall require approval by the board of the authority regardless 17 of the length of the period over which the services are rendered unless 18 such a contract is awarded to the lowest responsible bidder after 19 obtaining sealed bids, and (ii) the board of the authority may by resol- 20 ution adopt guidelines that authorize the award of contracts to small 21 business concerns, to service disabled veteran owned businesses certi- 22 fied pursuant to article seventeen-B of the executive law, or minority 23 or women-owned business enterprises certified pursuant to article 24 fifteen-A of the executive law, or purchases of goods or technology that 25 are recycled or remanufactured, in an amount not to exceed one million 26 five hundred thousand dollars without a formal competitive process and 27 without further board approval. The board of the authority shall adopt 28 guidelines which shall be made publicly available for the awarding of 29 such contract without a formal competitive process. 30 § 5. Paragraph (e) of subdivision 4 of section 1265-a of the public 31 authorities law, as added by chapter 929 of the laws of 1986, is amended 32 to read as follows: 33 (e) the item is available through an existing contract between a 34 vendor and (i) another public authority provided that such other author- 35 ity utilized a process of competitive bidding or a process of compet- 36 itive requests for proposals to award such contracts [or], (ii) Nassau 37 county, [or] (iii) the state of New York [or], (iv) the city of New York 38 or (v) the United States general services administration provided that 39 such administration utilized a process of competitive bidding or a proc- 40 ess of competitive requests for proposals to award such contract, 41 provided that in any case when under this paragraph the authority deter- 42 mines that obtaining such item thereby would be in the public interest 43 and sets forth the reasons for such determination. Such rationale shall 44 include, but need not be limited to, a determination of need, a consid- 45 eration of the procurement method by which the contract was awarded, an 46 analysis of alternative procurement sources including an explanation why 47 a competitive procurement or the use of a centralized contract let by 48 the commissioner of the office of general services is not in the best 49 interest of the authority, and the reasonableness of cost. The authority 50 shall accept sole responsibility for any payment due the vendor as a 51 result of the authority's order; or 52 § 6. Subdivision 5 of section 1265-a of the public authorities law, as 53 added by chapter 929 of the laws of 1986, is amended to read as follows: 54 5. Upon the adoption of a resolution by the authority stating, for 55 reasons of efficiency, economy, compatibility or maintenance reliabil- 56 ity, that there is a need for standardization, the authority may estab-S. 8008--C 12 A. 9008--C 1 lish procedures whereby particular supplies, materials or equipment are 2 identified on a qualified products list. Such procedures shall provide 3 for products or vendors to be added to or deleted from such list and 4 shall include provisions for public advertisement of the manner in which 5 such lists are compiled. The authority shall review such list no less 6 than [twice] once a year for the purpose of making such modifications. 7 Contracts for particular supplies, materials or equipment identified on 8 a qualified products list may be awarded by the authority to the lowest 9 responsible bidder after obtaining sealed bids in accordance with this 10 section or without competitive sealed bids in instances when the item is 11 available from only a single source, except that the authority may 12 dispense with advertising provided that it mails copies of the invita- 13 tion to bid to all vendors of the particular item on the qualified 14 products list. 15 § 7. This act shall take effect immediately; provided, however, that 16 the amendments to paragraph (b) of subdivision 7 of section 1209 of the 17 public authorities law made by section one of this act shall not affect 18 the expiration of such subdivision and shall be deemed to expire there- 19 with; and provided further, however, that the amendments to paragraph 20 (b) of subdivision 2 of section 1265-a of the public authorities law 21 made by section four of this act shall not affect the expiration of such 22 paragraph and shall be deemed to expire therewith. 23 PART J 24 Section 1. Section 3 of part PP of chapter 54 of the laws of 2016, 25 amending the general municipal law relating to the New York transit 26 authority and the metropolitan transportation authority, as amended by 27 section 1 of part K of chapter 58 of the laws of 2020, is amended to 28 read as follows: 29 § 3. This act shall take effect immediately; provided that the amend- 30 ments to subdivision 1 of section 119-r of the general municipal law 31 made by section two of this act shall expire and be deemed repealed 32 April 1, [2022] 2023, and provided further that such repeal shall not 33 affect the validity or duration of any contract entered into before that 34 date pursuant to paragraph f of such subdivision. 35 § 2. This act shall take effect immediately. 36 PART K 37 Intentionally Omitted 38 PART L 39 Intentionally Omitted 40 PART M 41 Intentionally Omitted 42 PART N 43 Intentionally OmittedS. 8008--C 13 A. 9008--C 1 PART O 2 Section 1. Section 5 of chapter 751 of the laws of 2005, amending the 3 insurance law and the vehicle and traffic law relating to establishing 4 the accident prevention course internet technology pilot program, as 5 amended by section 4 of part ZZ of chapter 58 of the laws of 2020, is 6 amended to read as follows: 7 § 5. This act shall take effect on the one hundred eightieth day after 8 it shall have become a law and shall expire and be deemed repealed April 9 1, [2022] 2024; provided that any rules and regulations necessary to 10 implement the provisions of this act on its effective date are author- 11 ized and directed to be completed on or before such date. 12 § 2. This act shall take effect immediately. 13 PART P 14 Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003, 15 amending the vehicle and traffic law and other laws relating to increas- 16 ing certain motor vehicle transaction fees, as amended by section 1 of 17 part YY of chapter 58 of the laws of 2020, is amended to read as 18 follows: 19 § 13. This act shall take effect immediately; provided however that 20 sections one through seven of this act, the amendments to subdivision 2 21 of section 205 of the tax law made by section eight of this act, and 22 section nine of this act shall expire and be deemed repealed on April 1, 23 [2022] 2024; provided further, however, that the provisions of section 24 eleven of this act shall take effect April 1, 2004 and shall expire and 25 be deemed repealed on April 1, [2022] 2024. 26 § 2. Section 2 of part B of chapter 84 of the laws of 2002, amending 27 the state finance law relating to the costs of the department of motor 28 vehicles, as amended by section 2 of part YY of chapter 58 of the laws 29 of 2020, is amended to read as follows: 30 § 2. This act shall take effect April 1, 2002; provided, however, if 31 this act shall become a law after such date it shall take effect imme- 32 diately and shall be deemed to have been in full force and effect on and 33 after April 1, 2002; provided further, however, that this act shall 34 expire and be deemed repealed on April 1, [2022] 2024. 35 § 3. This act shall take effect immediately. 36 PART Q 37 Section 1. The correction law is amended by adding a new section 11 to 38 read as follows: 39 § 11. Identification card program. 1. For purposes of this section, 40 "identification card" shall have the same meaning as defined in section 41 four hundred ninety of the vehicle and traffic law. 42 2. The commissioner, in consultation with the commissioner of motor 43 vehicles, shall develop a program that would allow incarcerated individ- 44 uals without an identification card, or incarcerated individuals who 45 have not been issued a driver's license or learner's permit by the 46 commissioner of motor vehicles, or incarcerated individuals whose driv- 47 er's license or learner's permit is expired, suspended, revoked or 48 surrendered, or incarcerated individuals whose identification card is 49 expired, to obtain an identification card prior to the incarcerated 50 individual's release from an institution or correctional facility under 51 the jurisdiction of the department or upon the individual's release fromS. 8008--C 14 A. 9008--C 1 an institution or correctional facility under the jurisdiction of the 2 department at the option of the incarcerated individual. 3 3. The sentence and commitment or certificate of conviction of an 4 incarcerated individual shall be deemed sufficient to grant authori- 5 zation to the department of corrections and community supervision to 6 assist an incarcerated individual in an institution or correctional 7 facility under the jurisdiction of such department to apply for and 8 obtain an identification card from the department of motor vehicles. 9 4. (a) Prior to an incarcerated individual's release from an institu- 10 tion or correctional facility under the jurisdiction of the department, 11 the department shall notify the incarcerated individual, verbally and in 12 writing, of such identification card program. The department shall also 13 document that they offered to assist the incarcerated individual in 14 obtaining an identification card and if such incarcerated individual 15 declined. The department shall make diligent efforts to ensure that an 16 incarcerated individual is provided with an identification card, if 17 requested, prior to or upon the release of such individual from an 18 institution or correctional facility under the jurisdiction of the 19 department. 20 (b) If an identification card is obtained with the assistance of the 21 department for an incarcerated individual prior to such individual's 22 release from the department's custody, the identification card shall be 23 kept in the incarcerated individual's records until such individual is 24 released from an institution or correctional facility under the juris- 25 diction of the department; upon such individual's release, the identifi- 26 cation card shall be provided to the individual. 27 5. The department shall collect data on the number of incarcerated 28 individuals participating in the identification card program and issue a 29 report on such data to the governor, the temporary president of the 30 senate and the speaker of the assembly annually until December thirty- 31 first, two thousand twenty-six. 32 § 2. Subdivision 3 of section 491 of the vehicle and traffic law, as 33 added by section 1 of part H of chapter 58 of the laws of 2017, is 34 amended to read as follows: 35 3. Waiver of fee. The commissioner may waive the payment of fees 36 required by subdivision two of this section if the applicant is (a) an 37 incarcerated individual in an institution or correctional facility under 38 the jurisdiction of a state department or agency, or (b) a victim of a 39 crime and the identification card applied for is a replacement for one 40 that was lost or destroyed as a result of the crime. 41 § 3. This act shall take effect immediately. 42 PART R 43 Section 1. The civil rights law is amended by adding a new section 44 79-q to read as follows: 45 § 79-q. Collection of gender or sex designation information by state 46 agencies. 1. All New York state agencies that collect demographic infor- 47 mation about a person's gender or sex shall make available to the person 48 at the point of data collection an option to mark their gender or sex as 49 "x". 50 2. Where applicable federal law requires a state agency to collect sex 51 or gender data as either "m" or "f", the state agency shall create a 52 separate field for state purposes so that a person has the option to 53 mark their gender or sex as "x" to be collected by the state.S. 8008--C 15 A. 9008--C 1 3. All state agencies shall update any applicable physical and online 2 forms or data systems by January first, two thousand twenty-three, 3 except the department of labor, the office of children and family 4 services, the office of temporary and disability assistance and the 5 division of criminal justice services, which shall update any applicable 6 forms or data systems by January first, two thousand twenty-four. 7 4. A state agency that cannot comply with the requirements of this 8 section shall, at least sixty days before the applicable deadline, post 9 publicly on its website a written progress report that describes with 10 specificity the steps the agency has taken to comply with this section, 11 the impediments that prevented compliance, the efforts undertaken by the 12 agency to come into compliance, and an estimated time frame for compli- 13 ance. The written report shall be updated every six months from the date 14 of the original posting. 15 5. By January first, two thousand twenty-five, the governor shall post 16 on a publicly available website and submit to the temporary president of 17 the senate and the speaker of the assembly a written report listing 18 every agency that has not yet complied with this section. Such report 19 shall include the latest progress reports for each non-compliant agency. 20 Such annual report shall be updated every year by January first; 21 provided that once all agencies have complied with the requirements of 22 this section, the governor shall post on a publicly available website 23 and submit to the temporary president of the senate and the speaker of 24 the assembly a certification of compliance with this section, and no 25 further annual report shall be required. 26 § 2. Subdivision 3 of section 62 of the civil rights law, as added by 27 chapter 158 of the laws of 2021, is amended to read as follows: 28 3. Except as provided in subdivisions one and two of this section, the 29 court shall not require any other pre-hearing notice. [The court shall30not condition the entry of an order on notice to any other party or to31any city, state or federal agency except by written order detailing the32court's reasoning for requiring such notice and showing cause why such33notice should be served.] Under no circumstances shall the court require 34 notice to United States immigration and customs enforcement, United 35 States customs and border protection, United States citizenship and 36 immigration services, or any successor agencies, or any agencies having 37 similar duties. 38 § 3. This act shall take effect immediately. 39 PART S 40 Section 1. Paragraph (o) of subdivision 1 of section 96 of the public 41 officers law, as added by chapter 319 of the laws of 2014, is amended to 42 read as follows: 43 (o) to officers or employees of a public retirement system of the city 44 of New York if the information sought to be disclosed is necessary for 45 the receiving public retirement system to process benefits under the 46 retirement and social security law, the administrative code of the city 47 of New York, or the education law or any other applicable provision of 48 law. A written request or consent from the data subject pursuant to 49 paragraph (a) of this subdivision shall not be required for the disclo- 50 sure of records pursuant to this paragraph; or 51 (p) to officers or employees of the United States department of educa- 52 tion for such department to process credit for qualifying employment and 53 loan forgiveness under the public service loan forgiveness program. A 54 written request or consent from the data subject pursuant to paragraphS. 8008--C 16 A. 9008--C 1 (a) of this subdivision shall not be required for the disclosure of 2 records pursuant to this paragraph. 3 § 2. This act shall take effect immediately. 4 PART T 5 Section 1. Subparagraphs (C) and (D) of paragraph 4 of subsection (a) 6 of section 1122 of the insurance law, as added by chapter 495 of the 7 laws of 2004, are amended to read as follows: 8 (C) resides in a household having a [net] gross monthly household 9 income at or below [two hundred eight] four hundred percent of the non- 10 farm federal poverty level (as defined and updated by the federal 11 department of health and human services) [or the gross equivalent of12such net income]; [and] 13 (D) is not eligible for employer provided coverage; and 14 (E) maintains the same level of insurance coverage as when they were 15 employed. 16 § 2. Paragraphs 3 and 4 of subsection (b) of section 1122 of the 17 insurance law, as added by chapter 495 of the laws of 2004, are amended 18 to read as follows: 19 (3) The superintendent shall review the applications and advise the 20 applicants as to their eligibility to participate in the pilot program. 21 Within amounts available for such purpose, the superintendent shall 22 provide continuation assistance. Such assistance shall be issued, to the 23 extent of funds available therefor, which is equivalent to [fifty] 24 seventy-five percent of the premium for the period covered by such 25 assistance. Continuation assistance shall not be provided for more than 26 twelve months within a five-year period. 27 (4) In approving applications from eligible individuals, the super- 28 intendent shall: 29 (A) make a determination as to the extent of available funds for the 30 pilot program so as to assure, to the extent possible, that the funding 31 will be available to provide continuation assistance to the applicant in 32 an amount equal to [fifty] seventy-five percent of the premium for a 33 period of twelve months within five years; if the superintendent deter- 34 mines that such funding may not be available due to the level of enroll- 35 ment in the pilot program at the time of the eligible individual's 36 application, the superintendent shall deny such application; and 37 (B) require eligible individuals who are awarded continuation assist- 38 ance to sign an acknowledgement that recipients who later become eligi- 39 ble for health insurance coverage through another employer are no longer 40 eligible to receive assistance under this section and that the state may 41 seek to recover assistance provided after the date of such eligibility. 42 § 3. Paragraphs 3 and 4 of subsection (c) of section 1122 of the 43 insurance law, as added by chapter 495 of the laws of 2004, are amended 44 to read as follows: 45 (3) The superintendent shall review the applications and advise the 46 applicants as to their eligibility to participate in the pilot program. 47 Within amounts available for such purpose, the superintendent shall 48 provide continuation assistance. Such assistance shall be issued, to the 49 extent of funds available therefor, which is equivalent to [fifty] 50 seventy-five percent of the premium for the period covered by such 51 assistance. Continuation assistance shall not be provided for more than 52 twelve months within a five-year period. 53 (4) In approving applications from eligible individuals, the super- 54 intendent shall:S. 8008--C 17 A. 9008--C 1 (A) make a determination as to the extent of available funds for the 2 pilot program so as to assure, to the extent possible, that the funding 3 will be available to provide continuation assistance to the applicant in 4 an amount equal to [fifty] seventy-five percent of the premium for a 5 period of twelve months within five years; if the superintendent deter- 6 mines that such funding may not be available due to the level of enroll- 7 ment in the pilot program at the time of the eligible individual's 8 application, the superintendent shall deny such application; and 9 (B) require eligible individuals who were awarded continuation assist- 10 ance to sign an acknowledgement that recipients who later become eligi- 11 ble for health insurance coverage through another employer are no longer 12 eligible to receive assistance under this section and that the state may 13 seek to recover assistance provided after the date of such eligibility. 14 § 4. Section 4 of chapter 495 of the laws of 2004, amending the insur- 15 ance law and the public health law relating to the New York state health 16 insurance continuation assistance demonstration project, as amended by 17 section 1 of part KK of chapter 57 of the laws of 2021, is amended to 18 read as follows: 19 § 4. This act shall take effect on the sixtieth day after it shall 20 have become a law; provided, however, that this act shall remain in 21 effect until July 1, [2022] 2023 when upon such date the provisions of 22 this act shall expire and be deemed repealed; provided, further, that a 23 displaced worker shall be eligible for continuation assistance retroac- 24 tive to July 1, 2004. 25 § 5. This act shall take effect immediately; provided, however, that 26 the amendments to section 1122 of the insurance law made by sections 27 one, two and three of this act shall not affect the repeal of such 28 section and shall be deemed repealed therewith. 29 PART U 30 Section 1. Subparagraph 7 of paragraph b of subdivision 2 of section 31 970-r of the general municipal law, as amended by section 1 of part U of 32 chapter 58 of the laws of 2018, is amended to read as follows: 33 (7) preliminary descriptions of possible remediation strategies, reuse 34 opportunities, necessary infrastructure improvements and other public or 35 private measures needed to stimulate investment, promote revitalization, 36 [and] support job growth, reduce greenhouse gas emissions, increase 37 climate resilience, enhance community health and environmental condi- 38 tions, and achieve environmental justice. 39 § 2. Subparagraph 11 of paragraph d of subdivision 3 of section 970-r 40 of the general municipal law, as amended by section 1 of part U of chap- 41 ter 58 of the laws of 2018, is amended to read as follows: 42 (11) descriptions of possible remediation strategies, reuse opportu- 43 nities, brownfield redevelopment, necessary infrastructure improvements 44 and other public or private measures needed to stimulate investment, 45 promote revitalization, [and] support job growth, reduce greenhouse gas 46 emissions, increase climate resilience, enhance community health and 47 environmental conditions, and achieve environmental justice; 48 § 3. Paragraph a of subdivision 3-a of section 970-r of the general 49 municipal law, as added by section 1 of part U of chapter 58 of the laws 50 of 2018, is amended to read as follows: 51 a. Within amounts appropriated therefor, the secretary is authorized 52 to provide, on a competitive basis, financial assistance to munici- 53 palities, to community based organizations, to community boards, or to 54 community based organizations acting in cooperation with a municipality,S. 8008--C 18 A. 9008--C 1 to conduct predevelopment activities within a designated brownfield 2 opportunity area to advance the goals and priorities of the brownfield 3 opportunity area program set forth in the nomination of such area. Such 4 financial assistance shall not exceed ninety percent of the costs of 5 such activities. Activities eligible to receive such assistance shall 6 include: development and implementation of marketing strategies; devel- 7 opment of plans and specifications; real estate services; building 8 condition studies; infrastructure analyses; zoning and regulatory 9 updates; environmental, housing and economic studies, analyses and 10 reports; renewable energy feasibility studies, legal and financial 11 services; and public outreach. 12 § 4. Paragraphs d, f, and g of subdivision 6 of section 970-r of the 13 general municipal law, as amended by section 1 of part U of chapter 58 14 of the laws of 2018, are amended to read as follows: 15 d. Applications for such assistance shall be submitted to the [commis-16sioner] secretary in a format, and containing such information, as 17 prescribed by the [commissioner] secretary in consultation with the 18 [secretary of state] commissioner. 19 f. The [commissioner] secretary, upon the receipt of an application 20 for such assistance from a community based organization not in cooper- 21 ation with the local government having jurisdiction over the proposed 22 brownfield opportunity area, shall request the municipal government to 23 review and state the municipal government's support or lack of support. 24 The municipal government's statement shall be considered a part of the 25 application. 26 g. Prior to making an award for assistance, the [commissioner] secre- 27 tary shall notify the temporary president of the senate and the speaker 28 of the assembly. 29 § 5. Subdivision 8 of section 970-r of the general municipal law, as 30 amended by section 1 of part U of chapter 58 of the laws of 2018, is 31 amended to read as follows: 32 8. [Applications] Community participation requirements. a. All appli- 33 cations for state assistance for pre-nomination or nomination study 34 [assistance] or applications for designation of a brownfield opportunity 35 area shall demonstrate that the following community participation activ- 36 ities have been or will be performed by the applicant: 37 (1) identification of the interested public and preparation of a 38 contact list; 39 (2) identification of major issues of public concern; 40 (3) [public access to (i) the draft and final application for pre-no-41mination assistance and brownfield opportunity area designation, and42(ii) any supporting documents in a manner convenient to the public;43(4)] public notice and newspaper notice of (i) the intent of the muni- 44 cipality and/or community based organization to undertake a pre-nomina- 45 tion [process] or nomination study or [prepare] apply for designation of 46 a brownfield opportunity area [plan], and (ii) the availability of such 47 application and any supporting documents in a manner convenient to the 48 public. 49 b. Application for [nomination] designation of a brownfield opportu- 50 nity area shall provide the following minimum community participation 51 activities: 52 (1) a comment period of at least thirty days on a draft [application] 53 nomination; 54 (2) a public meeting on [a brownfield opportunity area draft] an 55 application[.];S. 8008--C 19 A. 9008--C 1 (3) public access to such application, nomination, and any supporting 2 documents in the manner convenient to the public. 3 § 6. This act shall take effect immediately. 4 PART V 5 Intentionally Omitted 6 PART W 7 Intentionally Omitted 8 PART X 9 Section 1. Notwithstanding any other provision of law to the contrary, 10 any person who is licensed or certified as a physician, physician's 11 assistant, massage therapist, physical therapist, chiropractor, dentist, 12 optometrist, nurse, nurse practitioner, emergency medical technician, 13 podiatrist or athletic trainer by a foreign government may provide 14 professional services within this state without first being licensed 15 pursuant to the provisions of title 8 of the education law or certified 16 pursuant to the provisions in the public health law, as may be applica- 17 ble, to the team athletes, coaches, staff and delegations originating 18 from such foreign government, in connection with the Winter World 19 University Games, Lake Placid 2023. Such services shall be limited to 20 athletes and personnel in relation to the Winter World University Games, 21 Lake Placid 2023, between the dates of January 5, 2023 and January 25, 22 2023. 23 § 2. Any person who is licensed or certified to practice as a physi- 24 cian, physician's assistant, massage therapist, physical therapist, 25 chiropractor, dentist, optometrist, nurse, nurse practitioner, emergency 26 medical technician, podiatrist or athletic trainer in another state or 27 territory, who is in good standing in such state or territory, and who 28 has been appointed by the Adirondack North Country Sports Council to 29 provide professional services at an event in this state sanctioned by 30 the Adirondack North Country Sports Council, may provide such profes- 31 sional services to team athletes, coaches, staff and delegations from 32 such state or territory registered to train at a location in this state 33 or registered to compete in an event conducted under the sanction of the 34 Adirondack North Country Sports Council in this state without first 35 being licensed pursuant to the provisions of title 8 of the education 36 law or certified pursuant to the provisions of the public health law, as 37 may be applicable. Such services shall be limited to team athletes, 38 coaches, staff and delegations in relation to the Winter World Universi- 39 ty Games, Lake Placid 2023, between the dates of January 5, 2023 and 40 January 25, 2023. 41 § 3. This act shall take effect January 5, 2023 and shall expire and 42 be deemed repealed January 25, 2023. 43 PART Y 44 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 45 New York state urban development corporation act, relating to the powers 46 of the New York state urban development corporation to make loans, asS. 8008--C 20 A. 9008--C 1 amended by section 1 of part J of chapter 58 of the laws of 2021, is 2 amended to read as follows: 3 § 2. This act shall take effect immediately provided, however, that 4 section one of this act shall expire on July 1, [2022] 2023, at which 5 time the provisions of subdivision 26 of section 5 of the New York state 6 urban development corporation act shall be deemed repealed; provided, 7 however, that neither the expiration nor the repeal of such subdivision 8 as provided for herein shall be deemed to affect or impair in any manner 9 any loan made pursuant to the authority of such subdivision prior to 10 such expiration and repeal. 11 § 2. This act shall take effect immediately and shall be deemed to 12 have been in full force and effect on and after July 1, 2021. 13 PART Z 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 K of chapter 58 of the 17 laws of 2021, 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, [2022] 2023. 21 § 2. This act shall take effect immediately and shall be deemed to 22 have been in full force and effect on and after July 1, 2021. 23 PART AA 24 Section 1. Subdivision (a) of section 2 of part F of chapter 60 of the 25 laws of 2015, constituting the infrastructure investment act, as amended 26 by section 1 of part DD of chapter 58 the laws of 2020, is amended and a 27 new subdivision (g) is added to read as follows: 28 (a) (i) "authorized state entity" shall mean the New York state thru- 29 way authority, the department of transportation, the office of parks, 30 recreation and historic preservation, the department of environmental 31 conservation, the New York state bridge authority, the office of general 32 services, the dormitory authority, the urban development corporation, 33 the state university construction fund, the New York state Olympic 34 regional development authority and the battery park city authority. 35 (ii) Notwithstanding the provisions of subdivision 26 of section 1678 36 of the public authorities law, section 8 of the public buildings law, 37 sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as 38 amended, section 103 of the general municipal law, and the provisions of 39 any other law to the contrary, the term "authorized state entity" shall 40 also refer to only those agencies or authorities identified below solely 41 in connection with the following authorized projects, provided that such 42 an authorized state entity may utilize the alternative delivery method 43 referred to as design-build contracts solely in connection with the 44 following authorized projects should the total cost of each such project 45 not be less than five million dollars($5,000,000): 46 Authorized Projects Authorized State Entity 47 1. Frontier Town Urban Development Corporation 48 2. Life Sciences Laboratory Dormitory Authority & Urban 49 Development CorporationS. 8008--C 21 A. 9008--C 1 3. Whiteface Transformative Projects New York State Olympic Regional 2 Development Authority 3 4. Gore Transformative Projects New York State Olympic Regional 4 Development Authority 5 5. Belleayre Transformative Projects New York State Olympic Regional 6 Development Authority 7 6. Mt. Van Hoevenberg Transformative New York State Olympic Regional 8 Projects Development Authority 9 7. Olympic Training Center New York State Olympic Regional 10 Development Authority 11 8. Olympic Arena and Convention New York State Olympic Regional 12 Center Complex Development Authority 13 9. State Fair Revitalization Office of General 14 Projects Services 15 10. State Police Forensic Office of General 16 Laboratory Services 17 Notwithstanding any provision of law to the contrary, all rights or 18 benefits, including terms and conditions of employment, and protection 19 of civil service and collective bargaining status of all existing 20 employees of authorized state entities shall be preserved and protected. 21 Nothing in this section shall result in the: (1) displacement of any 22 currently employed worker or loss of position (including partial 23 displacement such as a reduction in the hours of non-overtime work, 24 wages, or employment benefits) or result in the impairment of existing 25 collective bargaining agreements; (2) transfer of existing duties and 26 functions related to maintenance and operations currently performed by 27 existing employees of authorized state entities to a contracting entity; 28 or (3) transfer of future duties and functions ordinarily performed by 29 employees of authorized state entities to the contracting entity. Noth- 30 ing contained herein shall be construed to affect (A) the existing 31 rights of employees pursuant to an existing collective bargaining agree- 32 ment, and (B) the existing representational relationships among employee 33 organizations or the bargaining relationships between the employer and 34 an employee organization. 35 If otherwise applicable, authorized projects undertaken by the author- 36 ized state entities listed above solely in connection with the 37 provisions of this act shall be subject to section 135 of the state 38 finance law, section 101 of the general municipal law, and section 222 39 of the labor law; provided, however, that an authorized state entity may 40 fulfill its obligations under section 135 of the state finance law or 41 section 101 of the general municipal law by requiring the contractor to 42 prepare separate specifications in accordance with section 135 of the 43 state finance law or section 101 of the general municipal law, as the 44 case may be. Provided further, that authorized projects with a total 45 construction cost of not less than twenty-five million dollars 46 ($25,000,000) undertaken by the authorized state entities listed above 47 solely in connection with the provisions of this act shall only be 48 undertaken pursuant to a project labor agreement in accordance with 49 section 222 of the labor law. If a project labor agreement is not 50 performed on the authorized project, the authorized state entity shall 51 not utilize a design-build contract for such project. Prior to utilizing 52 the alternative delivery method referred to as design-build contracts 53 for the authorized projects listed in this subparagraph with a totalS. 8008--C 22 A. 9008--C 1 construction cost of less than twenty-five million dollars 2 ($25,000,000), the authorized state entities listed above shall conduct 3 a feasibility study in accordance with section 222 of the labor law. 4 (g) "project labor agreement" shall have the meaning set forth in 5 subdivision 1 of section 222 of the labor law. A project labor agreement 6 shall require participation in apprentice training programs. 7 § 2. Section 3 of part F of chapter 60 of the laws of 2015, constitut- 8 ing the infrastructure investment act, as amended by section 1 of part 9 DD of chapter 58 of the laws of 2020, is amended to read as follows: 10 § 3. Notwithstanding the provisions of section 38 of the highway law, 11 section 136-a of the state finance law, sections 359, 1678, 1680 and 12 1680-a of the public authorities law, sections 376, 407-a, 6281 and 7210 13 of the education law, sections 8 and 9 of the public buildings law, 14 section 103 of the general municipal law, and the provisions of any 15 other law to the contrary, and in conformity with the requirements of 16 this act, an authorized state entity may utilize the alternative deliv- 17 ery method referred to as design-build contracts, in consultation with 18 relevant local labor organizations and construction industry, unless 19 otherwise provided below, for capital projects located in the state 20 related to physical infrastructure, including, but not limited to, high- 21 ways, bridges, buildings and appurtenant structures, dams, flood control 22 projects, canals, and parks, including, but not limited to, to repair 23 damage caused by natural disaster, to correct health and safety defects, 24 to comply with federal and state laws, standards, and regulations, to 25 extend the useful life of or replace highways, bridges, buildings and 26 appurtenant structures, dams, flood control projects, canals, and parks 27 or to improve or add to highways, bridges, buildings and appurtenant 28 structures, dams, flood control projects, canals, and parks; provided 29 that for the contracts executed by the department of transportation, the 30 office of parks, recreation and historic preservation, or the department 31 of environmental conservation, the total cost of each such project shall 32 not be less than ten million dollars ($10,000,000). Provided further 33 that authorized state entities may only utilize the alternative delivery 34 method referred to as design-build contracts on projects with a total 35 construction cost of not less than twenty-five million dollars 36 ($25,000,000) if undertaken pursuant to a project labor agreement in 37 accordance with section 222 of the labor law. If a project labor agree- 38 ment is not performed on the project, the authorized state entity shall 39 not utilize a design-build contract for such project. The use of a 40 project labor agreement on a federal aid project shall not be required 41 where the federal government prohibits or disapproves of the use of a 42 project labor agreement on such a federal aided project. Prior to 43 utilizing the alternative delivery method referred to as design-build 44 contracts for projects with a total construction cost of less than twen- 45 ty-five million dollars ($25,000,000), authorized state entities shall 46 conduct a feasibility study in accordance with section 222 of the labor 47 law. 48 § 3. Section 17 of part F of chapter 60 of the laws of 2015, consti- 49 tuting the infrastructure investment act, as amended by section 7 of 50 part DD of chapter 58 of the laws of 2020, is amended to read as 51 follows: 52 § 17. This act shall take effect immediately and shall expire and be 53 deemed repealed December 31, [2022] 2027, provided that, projects with 54 requests for qualifications issued prior to such repeal shall be permit- 55 ted to continue under this act notwithstanding such repeal and provided 56 further that projects with requests for qualifications issued orS. 8008--C 23 A. 9008--C 1 projects for which expenditures have been made for scoping, design or 2 environmental studies prior to adoption of the amendments pursuant to a 3 chapter of the laws of 2022 shall not be affected by such amendments if 4 such projects are committed pursuant to the pending issuance or expendi- 5 tures made. 6 § 4. Subdivision (a) of section 2 and section 14 of chapter 749 of the 7 laws of 2019, relating to authorizing, for certain public works under- 8 taken pursuant to project labor agreements, use of the alternative 9 delivery method known as design-build contracts, are amended to read as 10 follows: 11 (a) "Authorized entity" shall mean the New York city department of 12 design and construction, the New York city department of citywide admin- 13 istrative services, the New York city department of environmental 14 protection, the New York city department of transportation, the New York 15 city department of parks and recreation, the New York city health and 16 hospitals corporation, the New York city school construction authority 17 and the New York city housing authority. 18 § 14. This act shall take effect immediately and shall expire and be 19 deemed repealed [three] eight years after such date, provided that, 20 public works with requests for qualifications issued prior to such 21 repeal shall be permitted to continue under this act notwithstanding 22 such repeal. 23 § 5. This act shall take effect immediately; provided, however, that 24 the amendments to part F of chapter 60 of the laws of 2015 made by 25 sections one, two and three of this act, and the amendments to chapter 26 749 of the laws of 2019 made by section four of this act shall not 27 affect the repeal of such part and such chapter and shall be deemed 28 repealed therewith. 29 PART BB 30 Section 1. Subparagraph 6 of paragraph (g) of subdivision 11 of 31 section 213 of the state finance law, as added by section 1 of part HH 32 of chapter 59 of the laws of 2013, is amended and a new paragraph (h) is 33 added to read as follows: 34 (6) small scale systems integration and packaging[.]; or 35 (h) a community development financial institution. 36 § 2. Paragraph (e) of subdivision 12 of section 213 of the state 37 finance law, as added by chapter 705 of the laws of 1993, is amended and 38 a new paragraph (f) is added to read as follows: 39 (e) for certified minority-and women-owned businesses, projects to 40 provide financing necessary to carry out a procurement contract with an 41 agency or authority or other entity of the state or federal govern- 42 ment[.]; or 43 (f) projects in which community development financial institutions 44 make loans. 45 § 3. Section 213 of the state finance law is amended by adding a new 46 subdivision 25 to read as follows: 47 25. "Community development financial institution" means an organiza- 48 tion as defined in 12 U.S.C. 4702(5)(a). 49 § 4. This act shall take effect immediately. 50 PART CCS. 8008--C 24 A. 9008--C 1 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 2 the New York state urban development corporation act, is amended by 3 adding a new section 16-gg to read as follows: 4 § 16-gg. Small business seed funding grant program. 1. Definitions. 5 As used in this section, the following terms shall have the following 6 meanings: 7 (a) "Small business" shall mean a business which is resident in this 8 state, independently owned and operated, not dominant in its field, and 9 employs one hundred or less persons, was started on September 1, 2018 or 10 later and has been operational for a minimum of six months prior to 11 application. 12 (b) "Micro-business" shall mean a business which is a resident in this 13 state, independently owned and operated, not dominant in its field, and 14 employs ten or less persons. 15 (c) "The program" shall mean the small business seed funding grant 16 program established pursuant to subdivision two of this section. 17 (d) "Applicant" shall mean a micro-business, small business, or for- 18 profit independent arts and cultural organization, including independent 19 arts contractors submitting an application for a grant award to the 20 program. 21 (e) "For-profit independent arts and cultural organization" shall mean 22 a small or medium sized private for-profit, independently operated live- 23 performance venue, promoter, production company, or performance related 24 business, including independent arts contractors, located in New York 25 state negatively impacted by COVID-19 health and safety protocols, and 26 having one hundred or less full-time employees, excluding seasonal 27 employees. 28 2. Small business seed funding grant program established. The small 29 business seed funding grant program is hereby created to provide assist- 30 ance to early-stage small businesses to succeed in a recovering New York 31 state economy. 32 3. Authorization. The corporation is hereby authorized, using avail- 33 able funds, to issue grants and provide technical assistance and 34 outreach to micro-businesses, small businesses, for-profit arts and 35 cultural organizations including independent arts contractors and tech- 36 nical assistance partners for the purpose of aiding the recovery of the 37 New York state economy, and may promulgate guidelines to effectuate the 38 purposes herein. 39 4. Selection criteria and application process. (a) In order to be 40 eligible for a grant or additional form of support under the program, an 41 eligible small business shall: 42 (i) be incorporated in New York state or licensed or registered to do 43 business in New York state and must be resident in the state of New 44 York; 45 (ii) be a currently viable micro-business, small business, for-profit 46 arts and cultural organization including independent arts contractors 47 that started business on September 1, 2018 or later and has been opera- 48 tional for at least six months before an application is submitted; 49 (iii) have between five thousand and one million dollars in gross 50 receipts or be able to demonstrate five thousand dollars in business 51 expenses; 52 (iv) be in substantial compliance with applicable federal, state and 53 local laws, regulations, codes and requirements; and 54 (v) not owe any federal, state or local taxes, or have an approved 55 repayment, deferral plan, or agreement with appropriate federal, state, 56 and local taxing authorities.S. 8008--C 25 A. 9008--C 1 (b) (i) Grants awarded from this program shall be available to eligi- 2 ble micro-businesses, small businesses, and for-profit arts and cultural 3 organizations including independent arts contractors that do not qualify 4 for business assistance grant programs under the federal American Rescue 5 Plan Act of 2021 or any other available federal COVID-19 economic recov- 6 ery or business assistance grant programs, including loans forgiven 7 under the federal Paycheck Protection Program, or are unable to obtain 8 sufficient business assistance from such federal programs, with priority 9 given to socially and economically disadvantaged business owners includ- 10 ing, but not limited to, minority and women-owned business enterprises, 11 service-disabled veteran-owned businesses, and veteran-owned businesses, 12 or businesses located in communities that were economically distressed 13 prior to March 1, 2020, as determined by the most recent census data. 14 (ii) Grants awarded from this program shall be available to eligible 15 micro-businesses, small businesses and for-profit arts and cultural 16 organizations including independent arts contractors that did not quali- 17 fy for business assistance under the COVID-19 pandemic small business 18 recovery grant program as provided for in section sixteen-ff of this 19 act. 20 5. Eligible costs. (a) Eligible costs considered for micro-businesses 21 and small businesses under this program must have been incurred between 22 September 1, 2018 and January 1, 2022. 23 (b) (i) The following costs incurred by a micro-business, small busi- 24 ness, and for-profit arts and cultural organization including independ- 25 ent arts contractors shall be considered eligible under the program at a 26 minimum: payroll costs; costs of rent or mortgage as provided for in 27 subparagraph (ii) of this paragraph; costs of repayment of local proper- 28 ty or school taxes associated with such small business's location as 29 provided for in subparagraph (iii) of this paragraph; insurance costs; 30 utility costs; costs of personal protection equipment (PPE) necessary to 31 protect worker and consumer health and safety; heating, ventilation, and 32 air conditioning (HVAC) costs, or other machinery or equipment costs, or 33 supplies and materials necessary for compliance with COVID-19 health and 34 safety protocols, and other documented COVID-19 costs as approved by the 35 corporation. 36 (ii) Mortgage payments or commercial rent shall be considered eligible 37 costs. 38 (iii) Payment of local property taxes and school taxes shall be 39 considered eligible costs. 40 (c) Grants awarded under the program shall not be used to re-pay or 41 pay down any portion of a loan obtained through a federal coronavirus 42 relief package for business assistance or any New York state business 43 assistance programs. 44 6. Application and approval process. (a) An eligible micro-business, 45 small business, or for-profit arts and cultural organization including 46 independent arts contractors shall submit a complete application in a 47 form and manner prescribed by the corporation. 48 (b) The corporation shall establish the procedures and time period for 49 micro-businesses, small businesses, or for-profit arts and cultural 50 organizations including independent arts contractors to submit applica- 51 tions to the program. As part of the application each micro-business, 52 small business, or for-profit arts and cultural organization including 53 independent arts contractors shall provide sufficient documentation in a 54 manner prescribed by the corporation to demonstrate hardship, and 55 prevent fraud, waste, and abuse.S. 8008--C 26 A. 9008--C 1 7. Technical assistance and outreach. The corporation may offer or 2 make available to all applicants, regardless of approval status, direct 3 or indirect access to financial and business planning, legal consulta- 4 tion, language assistance services, mentoring services for post-pandemic 5 planning, reopening planning assistance and other assistance and support 6 as determined by the corporation. Assistance, support, outreach and 7 other services may be provided by or through partner organizations, 8 including but not limited to chambers of commerce, local business devel- 9 opment corporations, trade associations and other community organiza- 10 tions that have expertise and background in providing technical assist- 11 ance, at the discretion of the corporation. 12 8. Reporting. The corporation, on a quarterly basis beginning Septem- 13 ber 30, 2022, and ending when all program funds are expended, shall 14 submit a separate and distinct report to the governor, the temporary 15 president of the senate, and the speaker of the assembly setting forth 16 the activities undertaken by the program. Such quarterly report shall 17 include, but need not be limited to: the number of applicants and their 18 county locations; the number of applicants approved by the program and 19 their county location; the total amount of grants awarded, and the 20 average amount of such grants awarded; and such other information as the 21 corporation determines necessary and appropriate. Such report shall 22 be included on the corporation's website and any other publicly accessi- 23 ble state database that list economic development programs, as deter- 24 mined by the commissioner. Such reporting may be incorporated as part of 25 any reporting required under section sixteen-ff of this act. 26 § 2. This act shall take effect immediately. 27 PART DD 28 Section 1. Section 2 of chapter 584 of the laws of 2011, amending the 29 public authorities law relating to the powers and duties of the dormito- 30 ry authority of the state of New York relative to the establishment of 31 subsidiaries for certain purposes, as amended by section 1 of part CC of 32 chapter 58 of the laws of 2020, is amended to read as follows: 33 § 2. This act shall take effect immediately and shall expire and be 34 deemed repealed on July 1, [2022] 2024; provided however, that the expi- 35 ration of this act shall not impair or otherwise affect any of the 36 powers, duties, responsibilities, functions, rights or liabilities of 37 any subsidiary duly created pursuant to subdivision twenty-five of 38 section 1678 of the public authorities law prior to such expiration. 39 § 2. This act shall take effect immediately. 40 PART EE 41 Intentionally Omitted 42 PART FF 43 Intentionally Omitted 44 PART GG 45 Intentionally OmittedS. 8008--C 27 A. 9008--C 1 PART HH 2 Intentionally Omitted 3 PART II 4 Section 1. Section 99-ii of the state finance law is amended by adding 5 a new subdivision 2-a to read as follows: 6 2-a. Revenues deposited into this fund pursuant to section fifteen of 7 the cannabis law shall first be used to reimburse the state general fund 8 for any funds transferred to this fund from the state general fund for 9 the purposes of supporting expenditures authorized under paragraph (d) 10 of subdivision three of this section. 11 § 2. Paragraphs (d), (e), (f), and (g) of subdivision 3 of section 12 99-ii of the state finance law are relettered paragraphs (e), (f), (g), 13 and (h), and a new paragraph (d) is added to read as follows: 14 (d) subject to available appropriations and providing that no more 15 than fifty million dollars in funding, shall be made available, whether 16 directly or indirectly for investment in a private debt or equity fund 17 formed pursuant to subdivision thirty-two of section one thousand six 18 hundred seventy-eight of the public authorities law or to cover capital 19 costs associated with establishing conditional adult-use cannabis 20 retail dispensaries for operation by social equity licensees duly 21 licensed pursuant to article two of the cannabis law. Such capital costs 22 shall include all costs, including closely related ancillary costs, 23 related to the leasing, planning, design, construction, reconstruction, 24 rehabilitation, improvement, furnishing, and equipping of such adult-use 25 cannabis retail dispensaries, to the extent such work has been undertak- 26 en or costs for such work incurred by: (i) the office of cannabis 27 management and the cannabis control board, (ii) the dormitory authority 28 of the state of New York, or any subsidiary thereof, under agreement 29 with the office of cannabis management and the cannabis control board, 30 or with the private debt or equity fund formed pursuant to subdivision 31 thirty-two of section one thousand six hundred seventy-eight of the 32 public authorities law, or (iii) the private debt or equity fund formed 33 pursuant to subdivision thirty-two of section one thousand six hundred 34 seventy-eight of the public authorities law. Any repayment of the 35 state's investment by the fund, as authorized in this paragraph shall be 36 deposited in the New York state cannabis revenue fund. 37 § 3. Section 1678 of the public authorities law is amended by adding 38 three new subdivisions 30, 31 and 32 to read as follows: 39 30. To enter into one or more agreements with the office of cannabis 40 management, the cannabis control board, or the private debt or equity 41 fund, selected pursuant to subdivision thirty-two of this section, in 42 which the state or any state agency, public authority, public benefit 43 corporation, or division thereof has invested and is formed for the 44 limited purpose of funding the capital costs associated with establish- 45 ing conditional adult-use cannabis retail dispensaries for operation by 46 social equity licensees duly licensed pursuant to article two of the 47 cannabis law, for the following purposes: 48 (a) (i) To acquire by lease or sublease such real property or any 49 interest therein as may be necessary or convenient for the construction, 50 reconstruction, rehabilitation, improvement, or provision of conditional 51 adult-use cannabis retail dispensaries for operation by social equity 52 licensees, as agent, and (ii) to acquire by purchase or other agreement,S. 8008--C 28 A. 9008--C 1 personal property or interest therein as may be necessary for the acqui- 2 sition, construction, reconstruction, rehabilitation, improvement or 3 provision of such dispensaries, whether as principal or agent; 4 (b) To prepare or cause to be prepared, whether as principal or agent, 5 plans, specifications, designs, and estimates of costs for the design, 6 construction, reconstruction, rehabilitation, improvement, furnishing or 7 equipping of conditional adult-use cannabis retail dispensaries for 8 operation by social equity licensees; 9 (c) To design, construct, reconstruct, rehabilitate, or to cause the 10 design, construction, rehabilitation or improvement of, whether as prin- 11 cipal or agent, conditional adult-use cannabis retail dispensaries for 12 operation by social equity licensees and to enter into contracts to 13 cause such facilities to be designed, constructed, reconstructed, reha- 14 bilitated, improved, furnished, or equipped; 15 (d) To enter, as lessor or as agent for the lessor, into leases, 16 subleases, or other agreements with the social equity licensees operat- 17 ing for the conditional adult-use cannabis retail dispensaries; provided 18 that (i) the authority shall only enter in lease agreements as agent of 19 the private debt or equity fund selected pursuant to subdivision thir- 20 ty-two of this section, (ii) any general terms of such lease agreement, 21 and any material deviations or changes therefrom, are approved by the 22 office of cannabis management; and 23 (e) To enter, as lender or as agent to the lender, into a non-recourse 24 loan or other agreements with the social equity licensees operating the 25 conditional adult-use cannabis retail dispensaries, provided that any 26 general terms of such non-recourse loan agreements, and any material 27 deviations or changes therefrom, are approved by the office of cannabis 28 management and that the terms of the non-recourse loan agreement do not 29 include a penalty for early termination but will allow for the inclusion 30 of a make-whole provision and shall not, at the time the loan is estab- 31 lished, exceed the prime lending rate plus one-half the interest rate 32 specified under subdivision one of section fourteen-a of the banking 33 law, nor include terms or conditions that would allow for an equity 34 position in the social equity licensee's conditional adult-use cannabis 35 retail dispensary business or that would entitle a share in, or claim 36 to, any revenue or profit generated by such business. 37 31. (a) To form one or more subsidiaries for the purpose of limiting 38 the potential liability of the authority when exercising the powers and 39 duties conferred upon the authority by subdivision thirty of this 40 section in connection with certain work performed on behalf of the 41 office of cannabis management, the cannabis control board, or the 42 private debt or equity fund in which the state or any state agency, 43 public authority, public benefit corporation, or division thereof has 44 invested and has been selected pursuant to subdivision thirty-two of 45 this section. Such subsidiary created pursuant to this subdivision may 46 exercise and perform one or more of the purposes, powers, duties, func- 47 tions, rights and responsibilities of the authority other than the issu- 48 ance of indebtedness, in connection with real and personal property with 49 respect to which the authority holds title or a leasehold interest, in 50 its own name or as agent for the titleholder or leaseholder including, 51 but not limited to: (i) entering into leases, subleases, or other 52 arrangements with regard to such property and acting in a manner 53 consistent with the rights, obligations or responsibilities of the 54 owner, landlord or tenant of such property pursuant to such lease or 55 sublease agreements; (ii) servicing non-recourse loan payments; (iii)S. 8008--C 29 A. 9008--C 1 furnishing property management services; and (iv) providing general 2 operational and administrative support services. 3 (b) Such subsidiary authorized by paragraph (a) of this subdivision 4 shall be established in the form of a public benefit corporation by 5 executing and filing with the secretary of state a certificate of incor- 6 poration which shall identify the authority as the entity organizing 7 such subsidiary and set forth the name of such subsidiary public benefit 8 corporation, its duration, the location of its principal office and its 9 corporate purposes as provided in this subdivision and which certificate 10 may be amended from time to time by the filing of amendments thereto 11 with the secretary of state. Such subsidiary shall be organized as a 12 public benefit corporation, shall be a body politic and corporate, and 13 shall have all the privileges, immunities, tax exemptions and other 14 exemptions of the authority. The members of such subsidiary shall be the 15 same as the members of the authority and the provisions of subdivision 16 two of section sixteen hundred ninety-one of this title shall in all 17 respects apply to such members when acting in such capacity. 18 (c) Nothing in this subdivision shall be construed to impose any 19 liabilities, obligations, or responsibilities of such subsidiary upon 20 the authority and the authority shall have no liability or responsibil- 21 ity therefor unless the authority expressly agrees to assume the same. 22 (d) Such subsidiary created pursuant to this subdivision shall be 23 subject to any other provision of this chapter pertaining to subsid- 24 iaries of public authorities. 25 32. (a) (i) To select a private debt or equity fund formed for the 26 sole purpose of funding the capital costs, including closely related 27 ancillary and administrative costs, associated with establishing condi- 28 tional adult-use cannabis retail dispensaries for operation by social 29 equity licensees deemed to be eligible by the office of cannabis manage- 30 ment for financing through such fund or related costs, provided that any 31 partnership agreement between the fund and the authority, shall be 32 subject to the written approval or resolution of the cannabis control 33 board, the board of the dormitory authority, and the director of the 34 division of the budget, and the selection of such general partner shall 35 be made in consultation with the office of cannabis management. 36 (ii) The organizational structure and investment policy of the 37 selected fund and the provisions of the partnership agreement shall 38 satisfy the following parameters and requirements: 39 (1) The fund shall have a public policy committee composed of the 40 chair of the cannabis control board, executive director of the office of 41 cannabis management, and the president of the authority, or their repre- 42 sentatives, who shall guide the decisions of the selected fund to 43 achieve the public policy goals of the state, which includes providing 44 advice and direction to the fund where matters implicate public policy 45 and confirming the fund's adherence to its public purpose, which 46 includes compliance with stated objectives or mission of the cannabis 47 law and the marihuana regulation and taxation act, generally and more 48 specifically, to provide social equity conditional adult-use cannabis 49 retail dispensary licensees with the opportunity of acquiring commer- 50 cially viable retail operations; 51 (2) Such committee shall: 52 (A) review and approve of the fund's investment policy statement and 53 any changes thereto; 54 (B) review and approve any changes to the use and distribution of 55 investment funds;S. 8008--C 30 A. 9008--C 1 (C) review and approve the fund's strategic plan, particularly those 2 pertaining to the investor class, the establishment, management, and 3 liquidation of investments by the fund; 4 (D) monitor the fund's risk profile, investment activity, and perform- 5 ance; 6 (E) approve the maximum amount of promised return on investment, 7 management fees, and compensation of the general partner; 8 (F) review and approve any changes or amendments to the fund's organ- 9 izational structure, partnership agreements, and the fund manager or 10 servicer's agreement to ensure that they are consistent with the fund's 11 public purpose; 12 (G) take reasonable steps, at the direction of the office of cannabis 13 management, to provide geographic equity and representation in estab- 14 lishing such conditional adult-use cannabis retail dispensaries for 15 operation by social equity licensees, to the extent practicable, in 16 support of the public purpose of the fund and further, at the direction 17 of the office of cannabis management that the site selection for such 18 dispensaries comports with the requirements of the cannabis law and the 19 marihuana regulation and taxation act, and its rules and regulations 20 governing the location of conditional adult-use cannabis dispensaries; 21 and 22 (H) confirm that any real property leases and loan agreements issued 23 by or on behalf of the fund shall be provided to social equity licen- 24 sees, duly licensed pursuant to article two of the cannabis law; 25 (3) The general partner and the fund shall to the extent allowable by 26 section one of article five of the state constitution, authorize the 27 comptroller of the state, or the comptroller's legally authorized repre- 28 sentatives, to access, examine, or audit the accounts and books of the 29 fund including its receipts, disbursements, contracts, investments, and 30 any other items directly relating to its financial standing and cooper- 31 ate with any such financial examination or financial audit on an annual 32 basis. The general partner shall agree to cause the key officers to be 33 available to discuss the fund and the partnership and its activities at 34 the time of the audit; 35 (4) The general partner shall agree to cause the key officers to be 36 available to discuss the fund and the partnership and its activities at 37 the request of the public policy committee; 38 (5) Any real property subleased out by the fund to a social equity 39 licensee shall be at the same rate on which the fund has leased such 40 property; 41 (6) The fund shall not be authorized to borrow any money or to incur 42 any indebtedness, including guarantees, except when approved by the 43 public policy committee; 44 (7) The fund shall not be voluntarily terminated early without the 45 prior consent of the public policy committee; 46 (8) The fund shall have a conflict-of-interest policy approved by the 47 public policy committee; 48 (9) Any loan agreement the fund enters into with social equity licen- 49 sees shall be a non-recourse loan and shall allow prepayment of the debt 50 without any penalty imposed by the fund but will allow for the inclusion 51 of a make-whole provision and shall not, at the time that the non-rec- 52 ourse loan is established, exceed the prime lending rate plus one-half 53 the maximum interest rate specified under subdivision one of section 54 fourteen-a of the banking law;S. 8008--C 31 A. 9008--C 1 (10) The fund shall not accept more than two hundred million dollars 2 in total investment over the course of its life and the state's contrib- 3 ution to the fund shall not exceed fifty million dollars; and 4 (11) The fund shall not take any equity positions in, issue equity 5 loans to, or enter into revenue or profit sharing agreements with any 6 social equity adult-use cannabis retail dispensary business or include 7 any terms and conditions in an agreement with such business to that 8 effect; the fund shall also not include any excessive penalties within 9 the loan agreements; and 10 (12) Any other requirement as the dormitory authority may deem appro- 11 priate, in consultation with the office of cannabis management, or the 12 cannabis control board. 13 (b) (i) After the funding of the private debt or equity fund as 14 provided pursuant to this subdivision, the authority shall prepare an 15 annual report beginning on December thirtieth, two thousand twenty-two 16 and annually thereafter, which report shall include, but not be limited 17 to: 18 (1) the number of conditional adult-use cannabis retail dispensaries 19 assisted by the authority pursuant to this subdivision; 20 (2) the geographic distribution of sites designated by the office of 21 cannabis management and prepared by the authority for conditional 22 adult-use cannabis retail dispensaries for operation by licensed social 23 equity businesses; and 24 (3) any other such data and information, including information about 25 subsidiary or subsidiaries created pursuant to subdivision thirty-one of 26 this section. 27 (4) Additionally, for the first report, the authority shall report on 28 the procurement and selection of the general partner. 29 (ii) Such report shall be published on the authority's website and 30 presented to the governor, the temporary president of the senate and the 31 speaker of the assembly, no later than December thirtieth, two thousand 32 twenty-two and annually thereafter; and 33 (iii) The authority shall further submit a copy of the partnership 34 agreement between the fund and the authority, to the governor, the 35 temporary president of the senate, and the speaker of the assembly no 36 later than fifteen days after such agreement has been fully executed. 37 § 4. Paragraph (b) of subdivision 2 of section 1676 of the public 38 authorities law is amended by adding three new undesignated paragraphs 39 to read as follows: 40 the office of cannabis management. 41 the cannabis control board. 42 the private debt or equity fund in which the state or any state agen- 43 cy, public authority or public benefit corporation, or division thereof, 44 has invested and is selected pursuant to subdivision thirty-two of 45 section one thousand six hundred seventy-eight of this title to the 46 extent authorized in subdivision thirty of such section. 47 § 5. Subdivision 1 of section 1680 of the public authorities law is 48 amended by adding three new undesignated paragraphs to read as follows: 49 the office of cannabis management. 50 the cannabis control board. 51 the private debt or equity fund in which the state or any agency, 52 authority or division thereof has invested and is selected pursuant to 53 subdivision thirty-two of section one thousand six hundred seventy-eight 54 of this title to the extent authorized in subdivision thirty of such 55 section. 56 § 6. This act shall take effect immediately.S. 8008--C 32 A. 9008--C 1 PART JJ 2 Section 1. Subdivision 24-e of section 10 of the highway law is 3 REPEALED. 4 § 2. Section 7 of the transportation corporations law is REPEALED. 5 § 3. This act shall take effect on the thirtieth day after it shall 6 have become a law; except that any and all annual fees for fiber optic 7 facilities previously installed, or pending applications for proposed 8 new fiber facilities shall continue to be due and owing in full, for the 9 remaining duration of such previously installed facility's annual 10 permit, or pending new application. 11 PART KK 12 Section 1. Subdivision 2 of section 27-1207 of the environmental 13 conservation law, as amended by section 7 of part AA of chapter 58 of 14 the laws of 2018, is amended to read as follows: 15 2. The solid waste mitigation program shall receive no more than 16 [twenty-five] fifty million dollars from the clean water infrastructure 17 act of 2017 and be made available to the department and the department 18 of health, as applicable, for the following purposes: 19 a. enumeration and assessment of solid waste sites; 20 b. investigation and environmental characterization of solid waste 21 sites, including environmental sampling; 22 c. mitigation and remediation of solid waste sites; 23 d. monitoring of solid waste sites; and 24 e. administration and enforcement of the requirements of section 25 27-1203 of this title. 26 § 2. This act shall take effect immediately. 27 PART LL 28 Section 1. Subdivision 29 of section 27-1405 of the environmental 29 conservation law, as added by section 2 of part BB of chapter 56 of the 30 laws of 2015, is amended and two new subdivisions 32 and 33 are added to 31 read as follows: 32 29. "Affordable housing project" shall mean (a) a project as shall be 33 defined in regulation by the department, after consultation with the 34 division of housing and community renewal, which shall at a minimum, 35 establish the percentage of units in the project that must be below a 36 defined percentage of the area median income; or (b) a project situated 37 on a brownfield site that demonstrates the project is the subject of a 38 determination by a federal, state or local government housing agency 39 that all or a portion of the project or site will qualify for benefits, 40 including but not limited to real property taxation exemptions, is or 41 will be eligible under an affordable housing program which requires that 42 a percentage of residential rental or home ownership dwelling units be 43 dedicated to tenants or homeowners at a defined maximum percentage or 44 percentages of area median income based on the occupants' households 45 annual gross income. Such federal, state or local affordable housing 46 program shall confer a benefit to the project. For the purposes of this 47 subdivision, the term "benefit" shall be broadly construed, and shall 48 include, but not be limited to, tax benefits, including real estate tax 49 benefits, tax credits, bond financing, subsidy financing, and zoning 50 variances or waivers. Further, the department may by regulation, after 51 consulting with the division of housing and community renewal, excludeS. 8008--C 33 A. 9008--C 1 specific benefits from qualifying pursuant to this subdivision. To 2 demonstrate eligibility under this subdivision, the project must present 3 a certification of compliance or other evidence of eligibility by a 4 federal, state, or local government affordable housing agency that such 5 project is an affordable housing project. For purposes of this subdivi- 6 sion, "area median income" shall mean the area median income for the 7 primary metropolitan statistical area or for the county if located 8 outside a metropolitan statistical area, as determined by the United 9 States department of housing and urban development or its successor for 10 a family of four, as adjusted for family size. 11 32. "Disadvantaged community" shall mean a community that is identi- 12 fied pursuant to section 75-0111 of this chapter. 13 33. "Renewable energy facility site" shall mean real property: (a) 14 that is used for a renewable energy system, as defined in section 15 sixty-six-p of the public service law; or (b) any co-located system 16 storing energy generated from such a renewable energy system prior to 17 delivering it to the bulk transmission, sub-transmission, or distrib- 18 ution system. 19 § 2. The opening paragraph of subdivision 1-a of section 27-1407 of 20 the environmental conservation law, as added by section 3 of part BB of 21 chapter 56 of the laws of 2015, is amended to read as follows: 22 If the person is also seeking a determination that the site is eligi- 23 ble for the tangible property credit component of the brownfield rede- 24 velopment tax credit pursuant to paragraph three of subdivision (a) of 25 section twenty-one of the tax law for a site located in a city having a 26 population of one million or more, such person shall submit information 27 sufficient to demonstrate that: (a) at least half of the site area is 28 located in an environmental zone as defined in section twenty-one of the 29 tax law; (b) the property is upside down or underutilized; [or] (c) the 30 project is an affordable housing project; (d) the project is within a 31 disadvantaged community, within a designated brownfield opportunity 32 area, and meets the conformance determinations pursuant to subdivision 33 ten of section nine hundred seventy-r of the general municipal law; or 34 (e) the project is being developed as a renewable energy facility site. 35 An applicant may request an eligibility determination for tangible prop- 36 erty credits at any time from application until the site receives a 37 certificate of completion pursuant to section 27-1419 of this title 38 except for sites seeking eligibility under the underutilized category. 39 § 3. Section 27-1409 of the environmental conservation law is amended 40 by adding a new subdivision 13 to read as follows: 41 13. After acceptance by the department, an executed brownfield cleanup 42 agreement shall be submitted and returned to the department with payment 43 of a nonrefundable program fee in the amount of fifty thousand dollars, 44 which shall be deposited to the credit of the oversight and assistance 45 account of the hazardous waste remedial fund pursuant to section nine- 46 ty-seven-b of the state finance law. The department shall waive such fee 47 upon a demonstration of financial hardship by the applicant. To demon- 48 strate financial hardship the applicant must show but for the program 49 fee, remediation of the brownfield site would not be economically 50 viable. When evaluating financial hardship, the department will consider 51 whether the applicant has waived their rights to tax credits, whether 52 the location of the proposed brownfield site is in a disadvantaged 53 community or the proposed brownfield site is being developed as an 54 affordable housing project, the assets and income of the applicant, and 55 any other factors deemed relevant. The department shall establish regu- 56 lations governing the demonstration of financial hardship. Program feesS. 8008--C 34 A. 9008--C 1 shall not qualify for any of the tax credits available for brownfield 2 sites under sections twenty-one, twenty-two, and twenty-three of the tax 3 law. 4 § 4. Paragraph 2 of subdivision (a) of section 21 of the tax law, as 5 amended by section 1 of part H of chapter 577 of the laws of 2004, is 6 amended to read as follows: 7 (2) Site preparation credit component. The site preparation credit 8 component shall be equal to the applicable percentage of the site prepa- 9 ration costs paid or incurred by the taxpayer with respect to a quali- 10 fied site. The credit component amount so determined with respect to a 11 site's qualification for a certificate of completion shall be allowed 12 for the taxable year in which the effective date of the certificate of 13 completion occurs. The credit component amount determined other than 14 with respect to such qualification shall be allowed for the taxable year 15 in which the improvement to which the applicable costs apply is placed 16 in service for up to five taxable years after the issuance of such 17 certificate of completion; provided, however, that for any qualified 18 site to which a certificate of completion is issued on or after July 19 first, two thousand fifteen but on or before June twenty-fourth, two 20 thousand twenty-one, the site preparation credit component for such 21 costs shall be allowed for up to seven taxable years after the issuance 22 of such certificate of completion. 23 § 5. Paragraph 4 of subdivision (a) of section 21 of the tax law, as 24 amended by section 1 of part H of chapter 577 of the laws of 2004, is 25 amended to read as follows: 26 (4) On-site groundwater remediation credit component. The on-site 27 groundwater remediation credit component shall be equal to the applica- 28 ble percentage of the on-site groundwater remediation costs paid or 29 incurred by the taxpayer with respect to a qualified site (to the extent 30 that such groundwater remediation costs are not included in the determi- 31 nation of the site preparation credit or the cost or other basis 32 included in the determination of the tangible property credit). The 33 credit component so determined for costs incurred and paid with respect 34 to and prior to the issuance of a certificate of completion shall be 35 allowed for the taxable year in which the effective date of the issuance 36 of a certificate of completion occurs. The credit component amount 37 determined in taxable years after the effective date of the issuance of 38 a certificate of completion shall be allowed in the taxable year such 39 qualified costs are incurred and paid for up to five taxable years after 40 the issuance of such certificate of completion; provided, however, that 41 with respect to any qualified site for which a certificate of completion 42 has been issued on or after July first, two thousand fifteen but on or 43 before June twenty-fourth, two thousand twenty-one, the credit component 44 amount determined in taxable years after the effective date of the issu- 45 ance of a certificate of completion shall be allowed in the taxable year 46 such qualified costs are incurred and paid for up to seven taxable years 47 after the issuance of such certificate of completion. 48 § 6. Subparagraph (B) of paragraph 5 of subdivision (a) of section 21 49 of the tax law, as amended by section 21 of part BB of chapter 56 of the 50 laws of 2015, is amended to read as follows: 51 (B) With respect to such qualified site for which the department of 52 environmental conservation has issued a notice to the taxpayer on or 53 after July first, two thousand fifteen [or the date of publication in54the state register of proposed regulations defining "underutilized" as55provided in subdivision thirty of section 27-1405 of the environmental56conservation law, whichever shall be later], that its request forS. 8008--C 35 A. 9008--C 1 participation has been accepted under subdivision six of section 27-1407 2 of the environmental conservation law, the applicable percentage for the 3 tangible property credit component of the brownfield redevelopment tax 4 credit pursuant to paragraph three of [subdivision (a) of] this 5 [section] subdivision shall be the sum of ten percent and the following 6 additional percentages, provided that if the sum is greater than twen- 7 ty-four percent, the total percentage of the tangible property credit 8 component shall be twenty-four percent and is otherwise subject to the 9 limitations set forth in paragraphs three and three-a of [subdivision10(a) of] this [section] subdivision: 11 (i) five percent for a site which: 12 (1) is located within an environmental zone; or 13 (2) is in a disadvantaged community as that term is defined in section 14 27-1405 of the environmental conservation law for which the department 15 of environmental conservation has issued a notice to the taxpayer on or 16 after January first, two thousand twenty-three that its request for 17 participation has been accepted under subdivision six of section 27-1407 18 of the environmental conservation law; 19 (ii) five percent for a site located within a designated brownfield 20 opportunity area and is developed in conformance with the goals and 21 priorities established for that applicable brownfield opportunity area 22 and meets the conformance determinations pursuant to subdivision ten of 23 section nine hundred seventy-r of the general municipal law; 24 (iii) five percent for a site developed as affordable housing, as 25 defined in section 27-1405 of the environmental conservation law; 26 (iv) five percent for a site to be used primarily for manufacturing 27 activities as such term is defined in subparagraph (B) of paragraph 28 three-a of this subdivision; [and] 29 (v) five percent for sites remediated to Track 1 as that term is 30 defined in subdivision four of section 27-1415 of the environmental 31 conservation law; and 32 (vi) for a qualified site for which the department of environmental 33 conservation has issued a notice to the taxpayer on or after January 34 first, two thousand twenty-three that its request for participation has 35 been accepted under subdivision six of section 27-1407 of the environ- 36 mental conservation law, five percent for sites developed as renewable 37 energy facility sites as defined in section 27-1405 of the environmental 38 conservation law. 39 § 7. Paragraph 2 of subdivision (b) of section 21 of the tax law, as 40 amended by section 23 of part BB of chapter 56 of the laws of 2015, is 41 amended to read as follows: 42 (2) Site preparation costs. The term "site preparation costs" shall 43 mean all amounts properly chargeable to a capital account, which are 44 paid or incurred which are necessary to implement a site's investi- 45 gation, remediation, or qualification for a certificate of completion, 46 and shall include costs of: excavation; demolition; activities undertak- 47 en under the oversight of the department of labor or in accordance with 48 standards established by the department of health to remediate and 49 dispose of regulated materials including asbestos, lead or polychlori- 50 nated biphenyls; environmental consulting; engineering; legal costs; 51 transportation, disposal, treatment or containment of contaminated soil; 52 remediation measures taken to address contaminated soil vapor; cover 53 systems consistent with applicable regulations; physical support of 54 excavation; dewatering and other work to facilitate or enable remedi- 55 ation activities; sheeting, shoring, and other engineering controls 56 required to prevent off-site migration of contamination from the quali-S. 8008--C 36 A. 9008--C 1 fied site or migrating onto the qualified site; and the costs of fenc- 2 ing, temporary electric wiring, scaffolding, and security facilities 3 until such time as the certificate of completion has been issued. Site 4 preparation shall include all costs paid or incurred within sixty months 5 after the last day of the tax year in which the certificate of 6 completion is issued that are necessary for compliance with the certif- 7 icate of completion or subsequent modifications thereof, or the remedial 8 program defined in such certificate of completion including but not 9 limited to institutional controls, engineering controls, an approved 10 site management plan, and an environmental easement with respect to the 11 qualified site; provided, however, with respect to any qualified site 12 for which the department of environmental conservation has issued a 13 notice to the taxpayer on or after July first, two thousand fifteen but 14 on or before June twenty-fourth, two thousand twenty-one that its 15 request for participation has been accepted under subdivision six of 16 section 27-1407 of the environmental conservation law, site preparation 17 shall include all costs paid or incurred within eighty-four months after 18 the last day of the tax year in which the certificate of completion is 19 issued that are necessary for compliance with the certificate of 20 completion or subsequent modifications thereof, or the remedial program 21 defined in such certificate of completion including but not limited to 22 institutional controls, engineering controls, an approved site manage- 23 ment plan, and an environmental easement with respect to the qualified 24 site. Site preparation cost shall not include the costs of foundation 25 systems that exceed the cover system requirements in the regulations 26 applicable to the qualified site. 27 § 8. Paragraph 4 of subdivision (b) of section 21 of the tax law, as 28 amended by section 23 of part BB of chapter 56 of the laws of 2015, is 29 amended to read as follows: 30 (4) On-site groundwater remediation costs. The term "on-site groundwa- 31 ter remediation costs" shall mean all amounts properly chargeable to a 32 capital account, which are paid or incurred which are necessary to 33 implement a site's groundwater investigation, remediation, or qualifica- 34 tion for a certificate of completion not already covered under site 35 preparation costs, and shall include costs of: environmental consulting; 36 engineering; legal costs; transportation, disposal, treatment or 37 containment of contaminated groundwater; sheeting, shoring, and other 38 engineering controls required to prevent off-site migration of groundwa- 39 ter contamination from the qualified site or migrating onto the quali- 40 fied site; and the costs of fencing, temporary electric wiring and secu- 41 rity facilities until such time as the certificate of completion is 42 issued. On-site groundwater remediation costs shall include all costs 43 paid or incurred within sixty months after the last day of the tax year 44 in which the certificate of completion is issued that are necessary for 45 compliance with the certificate of completion or subsequent modifica- 46 tions thereof, or the groundwater remedial program defined in such 47 certificate of completion including but not limited to institutional 48 controls, engineering controls, an approved site management plan specif- 49 ic to on-site groundwater remediation, and an environmental easement 50 with respect to the qualified site. Provided, however, with respect to 51 any qualified site for which a certificate of completion has been issued 52 on or after July first, two thousand fifteen but on or before June twen- 53 ty-fourth, two thousand twenty-one, on-site groundwater remediation 54 costs shall include all such costs paid or incurred within eighty-four 55 months after the last day of the tax year in which the certificate of 56 completion is issued.S. 8008--C 37 A. 9008--C 1 § 9. Subparagraph (i) of paragraph 3 of subdivision (a) of section 21 2 of the tax law, as amended by section 1 of part AA of chapter 58 of the 3 laws of 2021, is amended to read as follows: 4 (i) The tangible property credit component shall be equal to the 5 applicable percentage of the cost or other basis for federal income tax 6 purposes of tangible personal property and other tangible property, 7 including buildings and structural components of buildings, which 8 constitute qualified tangible property and may include any related party 9 service fee paid; provided that in determining the cost or other basis 10 of such property, the taxpayer shall exclude the acquisition cost of any 11 item of property with respect to which a credit under this section was 12 allowable to another taxpayer; and provided further that for the 13 purposes of this section, starting with taxable year two thousand twen- 14 ty-two, on sites that comply with the track one remediation standards 15 promulgated pursuant to subdivision four of section 27-1415 of the envi- 16 ronmental conservation law, stadiums, baseball parks, basketball courts 17 and other athletic facilities shall be considered buildings, and that 18 components of stadiums, baseball parks, basketball courts, and other 19 athletic facilities constructed on such sites, including sports field 20 turf, site lighting, sidewalks, access and entry ways, and other 21 improvements added to land, shall be considered structural components of 22 buildings under the internal revenue code, and shall be included in the 23 definition of tangible property for the purposes of this section. A 24 related party service fee shall be allowed only in the calculation of 25 the tangible property credit component and shall not be allowed in the 26 calculation of the site preparation credit component or the on-site 27 groundwater remediation credit component. The portion of the tangible 28 property credit component which is attributable to related party service 29 fees shall be allowed only as follows: (A) in the taxable year in which 30 the qualified tangible property described in subparagraph (iii) of this 31 paragraph is placed in service, for that portion of the related party 32 service fees which have been earned and actually paid to the related 33 party on or before the last day of such taxable year; and (B) with 34 respect to any other taxable year for which the tangible property credit 35 component may be claimed under this subparagraph and in which the amount 36 of any additional related party service fees are actually paid by the 37 taxpayer to the related party, the tangible property credit component 38 for such amount shall be allowed in such taxable year. The credit compo- 39 nent amount so determined shall be allowed for the taxable year in which 40 such qualified tangible property is first placed in service on a quali- 41 fied site with respect to which a certificate of completion has been 42 issued to the taxpayer, or for the taxable year in which the certificate 43 of completion is issued if the qualified tangible property is placed in 44 service prior to the issuance of the certificate of completion. This 45 credit component shall only be allowed for up to one hundred twenty 46 months after the date of the issuance of such certificate of completion, 47 provided, however, that for qualified sites to which a certificate of 48 completion is issued on or after March twentieth, two thousand ten, but 49 prior to January first, two thousand twelve, the commissioner may extend 50 the credit component for up to one hundred forty-four months after the 51 date of such issuance, if the commissioner, in consultation with the 52 commissioner of environmental conservation, determines that the require- 53 ments for the credit would have been met if not for the restrictions 54 related to the state disaster emergency declared pursuant to executive 55 order 202 of 2020 or any extension thereof or subsequent executive order 56 issued in response to the novel coronavirus (COVID-19) pandemic;S. 8008--C 38 A. 9008--C 1 provided, however, with respect to any qualified site for which the 2 department of environmental conservation has issued a certificate of 3 completion to the taxpayer on or after March twentieth, two thousand ten 4 and before December thirty-first, two thousand fifteen, this credit 5 component shall be allowed for up to one hundred eighty months after the 6 date of the issuance of such certificate of completion. 7 § 10. Section 31 of part H of chapter 1 of the laws of 2003, amending 8 the tax law relating to brownfield redevelopment tax credits, remediated 9 brownfield credit for real property taxes for qualified sites and envi- 10 ronmental remediation insurance credits, as amended by section 32 of 11 part BB of chapter 56 of the laws of 2015, is amended to read as 12 follows: 13 § 31. The tax credits allowed under section 22 or 23 of the tax law 14 and the corresponding provisions in articles 9, 9-A, 22 and 33 of the 15 tax law, as added by the provisions of sections one through twenty-nine 16 of this act, shall not be applicable to any site accepted into the 17 brownfield cleanup program on and after July 1, 2015 [or the date of18publication in the state register of proposed regulations defining19"underutilized" as provided in subdivision 30 of section 27-1405 of the20environmental conservation law, whichever shall be later]. The tax cred- 21 its allowed under section 21 of the tax law and the corresponding 22 provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the 23 provisions of sections one through twenty-nine of this act, shall not be 24 applicable to any site accepted into the brownfield cleanup program 25 after December 31, [2022] 2032, provided, however that any sites 26 accepted on or before December 31, [2022] 2032 must have received the 27 certificate of completion required to qualify for any of such credits on 28 or before [March] December 31, [2026] 2036. 29 § 11. This act shall take effect immediately. 30 PART MM 31 Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of 32 section 27-1905 of the environmental conservation law, as amended by 33 section 1 of part E of chapter 58 of the laws of 2019, are amended to 34 read as follows: 35 1. Until December thirty-first, two thousand [twenty-two] twenty-five, 36 accept from a customer, waste tires of approximately the same size and 37 in a quantity equal to the number of new tires purchased or installed by 38 the customer; and 39 Until December thirty-first, two thousand [twenty-two] twenty-five, 40 post written notice in a prominent location, which must be at least 41 eight and one-half inches by fourteen inches in size and contain the 42 following language: 43 § 2. Subdivisions 1, 2, 3 and paragraph (a) of subdivision 6 of 44 section 27-1913 of the environmental conservation law, as amended by 45 section 2 of part E of chapter 58 of the laws of 2019, are amended to 46 read as follows: 47 1. Until December thirty-first, two thousand [twenty-two] twenty-five, 48 a waste tire management and recycling fee of two dollars and fifty cents 49 shall be charged on each new tire sold. The fee shall be paid by the 50 purchaser to the tire service at the time the new tire or new motor 51 vehicle is purchased. 52 The waste tire management and recycling fee does not apply to: 53 (a) recapped or resold tires; 54 (b) mail-order sales; orS. 8008--C 39 A. 9008--C 1 (c) the sale of new motor vehicle tires to a person solely for the 2 purpose of resale provided the subsequent retail sale in this state is 3 subject to such fee. 4 2. Until December thirty-first, two thousand [twenty-two] twenty-five, 5 the tire service shall collect the waste tire management and recycling 6 fee from the purchaser at the time of the sale and shall remit such fee 7 to the department of taxation and finance with the quarterly report 8 filed pursuant to subdivision three of this section. 9 (a) The fee imposed shall be stated as an invoice item separate and 10 distinct from the selling price of the tire. 11 (b) The tire service shall be entitled to retain an allowance of twen- 12 ty-five cents per tire from fees collected. 13 3. [Until March thirty-first, two thousand twenty-three, each] Each 14 tire service maintaining a place of business in this state shall make a 15 return to the department of taxation and finance on a quarterly basis, 16 with the return for December, January, and February being due on or 17 before the immediately following March thirty-first; the return for 18 March, April, and May being due on or before the immediately following 19 June thirtieth; the return for June, July, and August being due on or 20 before the immediately following September thirtieth; and the return for 21 September, October, and November being due on or before the immediately 22 following December thirty-first. 23 (a) Each return shall include: 24 (i) the name of the tire service; 25 (ii) the address of the tire service's principal place of business and 26 the address of the principal place of business (if that is a different 27 address) from which the tire service engages in the business of making 28 retail sales of tires; 29 (iii) the name and signature of the person preparing the return; 30 (iv) the total number of new tires sold at retail for the preceding 31 quarter and the total number of new tires placed on motor vehicles prior 32 to original retail sale; 33 (v) the amount of waste tire management and recycling fees due; and 34 (vi) such other reasonable information as the department of taxation 35 and finance may require. 36 (b) Copies of each report shall be retained by the tire service for 37 three years. 38 If a tire service ceases business, it shall file a final return and 39 remit all fees due under this title with the department of taxation and 40 finance not more than one month after discontinuing that business. 41 (a) Until December thirty-first, two thousand [twenty-two] 42 twenty-five, any additional waste tire management and recycling costs of 43 the tire service in excess of the amount authorized to be retained 44 pursuant to paragraph (b) of subdivision two of this section may be 45 included in the published selling price of the new tire, or charged as a 46 separate per-tire charge on each new tire sold. When such costs are 47 charged as a separate per-tire charge: (i) such charge shall be stated 48 as an invoice item separate and distinct from the selling price of the 49 tire; (ii) the invoice shall state that the charge is imposed at the 50 sole discretion of the tire service; and (iii) the amount of such charge 51 shall reflect the actual cost to the tire service for the management and 52 recycling of waste tires accepted by the tire service pursuant to 53 section 27-1905 of this title, provided however, that in no event shall 54 such charge exceed two dollars and fifty cents on each new tire sold.S. 8008--C 40 A. 9008--C 1 § 3. Subdivision 3 of section 27-1913 of the environmental conserva- 2 tion law, as amended by section two of this act, is amended to read as 3 follows: 4 3. Each tire service maintaining a place of business in this state 5 shall make a return to the department of taxation and finance [on a6quarterly basis, with the return for December, January, and February7being due on or before the immediately following March thirty-first; the8return for March, April, and May being due on or before the immediately9following June thirtieth; the return for June, July, and August being10due on or before the immediately following September thirtieth; and the11return for September, October, and November being due on or before the12immediately following December thirty-first.13(a) Each return shall include:14(i) the name of the tire service;15(ii) the address of the tire service's principal place of business and16the address of the principal place of business (if that is a different17address) from which the tire service engages in the business of making18retail sales of tires;19(iii) the name and signature of the person preparing the return;20(iv) the total number of new tires sold at retail for the preceding21quarter and the total number of new tires placed on motor vehicles prior22to original retail sale;23(v) the amount of waste tire management and recycling fees due; and24(vi) such other reasonable information as the department of taxation25and finance may require.26(b) Copies of each report shall be retained by the tire service for27three years.28If a tire service ceases business, it shall file a final return and29remit all fees due under this title with the department of taxation and30finance not more than one month after discontinuing that business] on 31 such form and including such information as the commissioner of taxation 32 and finance may require. Such returns shall be due at the same time and 33 for the same periods as the sales tax return of such tire service, in 34 accordance with section eleven hundred thirty-six of the tax law, and 35 payment of all fees due for such periods shall be remitted with such 36 returns. 37 § 4. Subdivision 5 of section 27-1913 of the environmental conserva- 38 tion law, as added by section 2 of part E of chapter 686 of the laws of 39 2003, is amended to read as follows: 40 5. (a) The provisions of article [twenty-seven] twenty-eight of the 41 tax law, including the provisions relating to definitions, exemptions, 42 returns, personal liability for the tax, collection of tax from the 43 customer, payment of tax and the administration of the tax imposed, 44 shall apply to the provisions of this section in the same manner and 45 with the same force and effect as if the language of such article had 46 been incorporated in full into this section and had expressly referred 47 to the fee under this section, except to the extent that any provision 48 of such article is either inconsistent with a provision of this section 49 or is not relevant to this section. For purposes of this section, any 50 reference to a tax or the taxes imposed by article twenty-eight of the 51 tax law shall be deemed also to refer to the waste tire management and 52 recycling fee imposed under the authority of this section unless a 53 different meaning is clearly required. 54 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 55 sion, the exemptions provided in section eleven hundred sixteen of the 56 tax law shall not apply to this section except with respect to the enti-S. 8008--C 41 A. 9008--C 1 ties described in paragraphs one, two, three and six of subdivision (a) 2 of such section. 3 § 5. This act shall take effect immediately; provided that sections 4 three and four of this act shall take effect March 1, 2023; provided, 5 further, that the return for the quarterly period ending on the last day 6 of February, 2023 shall be due on March 31, 2023, and any fees required 7 to be collected and paid for such period must be remitted with such 8 return. 9 PART NN 10 Section 1. Section 1 of part TT of chapter 59 of the laws of 2021 11 authorizing the creation of state debt in the amount of three billion 12 dollars, in relation to creating the environmental bond act of 2022 13 "restore mother nature" for the purposes of environmental improvements 14 that preserve, enhance, and restore New York's natural resources and 15 reduce the impact of climate change; and providing for the submission to 16 the people of a proposition or question therefor to be voted upon at the 17 general election to be held in November, 2022, is amended to read as 18 follows: 19 Section 1. The [restore mother nature] clean water, clean air, and 20 green jobs environmental bond act of 2022 is enacted to read as follows: 21 CLEAN WATER, CLEAN AIR, AND GREEN JOBS ENVIRONMENTAL 22 BOND ACT OF 2022 23 ["RESTORE MOTHER NATURE"] 24 Section 1. Short title. 25 2. Creation of state debt. 26 3. Bonds of the state. 27 4. Use of moneys received. 28 § 1. Short title. This act shall be known and may be cited as the 29 "clean water, clean air, and green jobs environmental bond act of 2022 30 [restore mother nature]". 31 § 2. Creation of state debt. The creation of state debt in an amount 32 not exceeding in the aggregate [three] four billion two hundred million 33 dollars [($3,000,000,000)] ($4,200,000,000) is hereby authorized to 34 provide moneys for the single purpose of making environmental improve- 35 ments that preserve, enhance, and restore New York's natural resources 36 and reduce the impact of climate change by funding capital projects for: 37 restoration and flood risk reduction not less than one billion one 38 hundred million dollars [($1,000,000,000)] ($1,100,000,000); open space 39 land conservation and recreation up to [five] six hundred fifty million 40 dollars [($550,000,000)] ($650,000,000); climate change mitigation up to 41 [seven hundred] one billion five hundred million dollars 42 [($700,000,000)] ($1,500,000,000); and, water quality improvement and 43 resilient infrastructure not less than [five] six hundred fifty million 44 dollars [($550,000,000)] ($650,000,000). 45 § 3. Bonds of the state. The state comptroller is hereby authorized 46 and empowered to issue and sell bonds of the state up to the aggregate 47 amount of [three] four billion two hundred million dollars 48 [($3,000,000,000)] ($4,200,000,000) for the purposes of this act, 49 subject to the provisions of article 5 of the state finance law. The 50 aggregate principal amount of such bonds shall not exceed [three] four 51 billion two hundred million dollars [($3,000,000,000)] ($4,200,000,000) 52 excluding bonds issued to refund or otherwise repay bonds heretofore 53 issued for such purpose; provided, however, that upon any such refunding 54 or repayment, the total aggregate principal amount of outstanding bondsS. 8008--C 42 A. 9008--C 1 may be greater than [three] four billion two hundred million dollars 2 [($3,000,000,000)] ($4,200,000,000) only if the present value of the 3 aggregate debt service of the refunding or repayment bonds to be issued 4 shall not exceed the present value of the aggregate debt service of the 5 bonds to be refunded or repaid. The method for calculating present value 6 shall be determined by law. 7 § 4. Use of moneys received. The moneys received by the state from the 8 sale of bonds sold pursuant to this act shall be expended pursuant to 9 appropriations for capital projects related to design, planning, site 10 acquisition, demolition, construction, reconstruction, and rehabili- 11 tation projects specified in section two of this act. 12 § 2. Section 2 of part TT of chapter 59 of the laws of 2021 authoriz- 13 ing the creation of state debt in the amount of three billion dollars, 14 in relation to creating the environmental bond act of 2022 "restore 15 mother nature" for the purposes of environmental improvements that 16 preserve, enhance, and restore New York's natural resources and reduce 17 the impact of climate change; and providing for the submission to the 18 people of a proposition or question therefor to be voted upon at the 19 general election to be held in November, 2022, is amended to read as 20 follows: 21 § 2. This act shall take effect immediately, provided that the 22 provisions of section one of this act shall not take effect unless and 23 until this act shall have been submitted to the people at the general 24 election to be held in November 2022 and shall have been approved by a 25 majority of all votes cast for and against it at such general election. 26 Upon approval by the people, section one of this act shall take effect 27 immediately. The ballots to be furnished for the use of voters upon 28 submission of this act shall be in the form prescribed by the election 29 law and the proposition or question to be submitted shall be printed 30 thereon in the following form, namely "To address and combat the impact 31 of climate change and damage to the environment, the "Clean Water, Clean 32 Air, and Green Jobs Environmental Bond Act of 2022 ["Restore Mother33Nature]" authorizes the sale of state bonds up to [three] four billion 34 two hundred million dollars to fund environmental protection, natural 35 restoration, resiliency, and clean energy projects. Shall the Environ- 36 mental Bond Act of 2022 be approved?". 37 § 3. This act shall take effect immediately; provided that section one 38 of this act shall take effect on the same date and in the same manner as 39 section 1 of part TT of chapter 59 of the laws of 2021 authorizing the 40 creation of state debt in the amount of three billion dollars, in 41 relation to creating the environmental bond act of 2022 "restore mother 42 nature" for the purposes of environmental improvements that preserve, 43 enhance, and restore New York's natural resources and reduce the impact 44 of climate change; and providing for the submission to the people of a 45 proposition or question therefor to be voted upon at the general 46 election to be held in November, 2022, takes effect. 47 PART OO 48 Section 1. The article heading of article 58 of the environmental 49 conservation law, as added by section 1 of part UU of chapter 59 of the 50 laws of 2021, is amended to read as follows: 51 IMPLEMENTATION OF THE "CLEAN WATER, CLEAN AIR, AND GREEN 52 JOBS 53 ENVIRONMENTAL BOND ACT OF 2022 ["RESTORE MOTHER54NATURE]"S. 8008--C 43 A. 9008--C 1 § 2. Subdivisions 1, 4, 5 and 7 of section 58-0101 of the environ- 2 mental conservation law, as added by section 1 of part UU of chapter 59 3 of the laws of 2021, are amended to read as follows: 4 1. "Bonds" shall mean general obligation bonds issued pursuant to the 5 "clean water, clean air, and green jobs environmental bond act of 2022 6 ["restore mother nature]" in accordance with article VII of the New York 7 state constitution and article five of the state finance law. 8 4. "Disadvantaged communities" shall mean a community that is identi- 9 fied pursuant to section 75-0111 of this chapter. 10 5. "Endangered or threatened species project" means a project to 11 restore, recover, or reintroduce an endangered, threatened, or species 12 of special concern pursuant to a recovery plan or restoration plan 13 prepared and adopted by the department, including but not limited to the 14 state's wildlife action plan. 15 [5. "Environmental justice community" means a minority or low-income16community that may bear a disproportionate share of the negative envi-17ronmental consequences resulting from industrial, municipal, and commer-18cial operations or the execution of federal, state, local, and tribal19programs and policies.] 20 7. "Green buildings project" means (i) installing, upgrading, or modi- 21 fying a renewable energy source at a state-owned building or for the 22 purpose of converting or connecting a state-owned building or a public 23 school building, or portion thereof, to a renewable energy source; (ii) 24 reducing energy use or improving energy efficiency or occupant health at 25 a state-owned building or a public school building; (iii) installing a 26 green roof at a state-owned building or a public school building; [and] 27 (iv) installation of renewable heating and cooling systems at a state- 28 owned building or a public school building; or (v) emission reduction 29 projects. 30 § 3. Section 58-0103 of the environmental conservation law, as added 31 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to 32 read as follows: 33 § 58-0103. Allocation of moneys. 34 The moneys received by the state from the sale of bonds pursuant to 35 the environmental bond act of 2022 shall be disbursed in the following 36 amounts pursuant to appropriations as specifically provided for in 37 titles three, five, seven, and nine of this article: 38 1. Not less than one billion one hundred million dollars 39 [($1,000,000,000)] ($1,100,000,000) for restoration and flood risk 40 reduction as set forth in title three of this article. 41 2. Up to [five] six hundred fifty million dollars [($550,000,000)] 42 ($650,000,000) for open space land conservation and recreation as set 43 forth in title five of this article. 44 3. Up to [seven] one billion five hundred million dollars 45 [($700,000,000)] ($1,500,000,000) for climate change mitigation as set 46 forth in title seven of this article. 47 4. Not less than [five] six hundred fifty million dollars 48 [($550,000,000)] ($650,000,000) for water quality improvement and resil- 49 ient infrastructure as set forth in title nine of this article. 50 § 4. Subdivision 1 of section 58-0105 of the environmental conserva- 51 tion law, as added by section 1 of part UU of chapter 59 of the laws of 52 2021, is amended to read as follows: 53 1. Administer funds generated pursuant to the "clean water, clean air, 54 and green jobs environmental bond act of 2022 ["restore mother nature]".S. 8008--C 44 A. 9008--C 1 § 5. Section 58-0301 of the environmental conservation law, as added 2 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to 3 read as follows: 4 § 58-0301. Allocation of moneys. 5 Of the moneys received by the state from the sale of bonds pursuant to 6 the environmental bond act of 2022, not less than one billion one 7 hundred million dollars [($1,000,000,000)] ($1,100,000,000) shall be 8 available for disbursements for restoration and flood risk reduction 9 projects developed pursuant to section 58-0303 of this title. Not more 10 than two hundred fifty million dollars ($250,000,000) of this amount 11 shall be available for projects pursuant to subdivision two of section 12 58-0303 of this title and not less than one hundred million dollars 13 ($100,000,000) each shall be available for coastal rehabilitation and 14 shoreline restoration projects and projects which address inland flood- 15 ing, pursuant to paragraph a of subdivision one of section 58-0303 of 16 this title. 17 § 6. Section 58-0501 of the environmental conservation law, as added 18 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to 19 read as follows: 20 § 58-0501. Allocation of moneys. 21 Of the moneys received by the state from the sale of bonds pursuant to 22 the environmental bond act of 2022 to be used for open space land 23 conservation and recreation projects, up to [five] six hundred fifty 24 million dollars [($550,000,000)] ($650,000,000) shall be available for 25 programs, plans, and projects developed pursuant to section 58-0503 of 26 this title, however, not more than seventy-five million dollars 27 ($75,000,000) shall be made available for the creation of a fish hatch- 28 ery, or the improvement, expansion, repair or maintenance of existing 29 fish hatcheries, not less than [two] three hundred million dollars 30 [($200,000,000)] ($300,000,000) shall be made available for open space 31 land conservation projects pursuant to paragraph a of subdivision one of 32 section 58-0503 of this title and not less than one hundred fifty 33 million dollars [($100,000,000)] ($150,000,000) shall be made available 34 for farmland protection pursuant to paragraph b of subdivision one of 35 section 58-0503 of this title. 36 § 7. Section 58-0701 and subdivision 1 of 58-0703 of the environmental 37 conservation law, as added by section 1 of part UU of chapter 59 of the 38 laws of 2021, are amended to read as follows: 39 § 58-0701. Allocation of moneys. 40 Of the moneys received by the state from the sale of bonds pursuant to 41 the environmental bond act of 2022, up to [seven] one billion five 42 hundred million dollars [($700,000,000)] ($1,500,000,000) shall be made 43 available for disbursements for climate change mitigation projects 44 developed pursuant to section 58-0703 of this title. Not less than 45 [three] four hundred [fifty] million dollars [($350,000,000)] 46 ($400,000,000) of this amount shall be available for green buildings 47 projects, not less than one hundred million dollars ($100,000,000) for 48 climate adaptation and mitigation projects pursuant to paragraph c of 49 subdivision one of section 58-0703 of this title, not less than two 50 hundred million dollars ($200,000,000) shall be available for disburse- 51 ment to reduce or eliminate water pollution or air pollution affecting 52 disadvantaged communities pursuant to paragraphs f and g of subdivision 53 one of section 58-0703 of this title, and not less than five hundred 54 million dollars ($500,000,000) for costs associated with the purchase of 55 or conversion to zero emission school buses and supporting infrastruc-S. 8008--C 45 A. 9008--C 1 ture as set forth in paragraph h of subdivision one of section 58-0703 2 of this title. 3 1. Eligible climate change mitigation projects include, but are not 4 limited to: 5 a. costs associated with green building projects, projects that 6 increase energy efficiency or the use or siting of renewable energy on 7 state-owned buildings or properties including buildings owned by the 8 state university of the state of New York, city university of the state 9 of New York, [and] community colleges, and public schools; 10 b. costs associated with projects that utilize natural and working 11 lands to sequester carbon and mitigate methane emissions from agricul- 12 tural sources, such as manure storage through cover and methane 13 reduction technologies; 14 c. costs associated with implementing climate adaptation and miti- 15 gation projects pursuant to section 54-1523 of this chapter; 16 d. costs associated with urban forestry projects such as forest and 17 habitat restoration, for purchase and planting of street trees and for 18 projects to expand the existing tree canopy and bolster community 19 health; 20 e. costs associated with projects that reduce urban heat island 21 effect, such as installation of green roofs, open space protection, 22 community gardens, cool pavement projects, projects that create or 23 upgrade community cooling centers, and the installation of reflective 24 roofs where installation of green roofs is not possible; 25 f. costs associated with projects to reduce or eliminate air pollution 26 from stationary or mobile sources of air pollution affecting [an envi-27ronmental justice community] disadvantaged communities; [and] 28 g. costs associated with projects which would reduce or eliminate 29 water pollution, whether from point or non-point discharges, affecting 30 [an environmental justice community] disadvantaged communities; and 31 h. costs associated with the purchase or conversion to zero emission 32 school buses, including costs associated with the supporting infrastruc- 33 ture. 34 § 8. Section 58-0901 of the environmental conservation law, as added 35 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to 36 read as follows: 37 § 58-0901. Allocation of moneys. 38 Of the moneys received by the state from the sale of bonds pursuant to 39 the environmental bond act of 2022 for disbursements for state assist- 40 ance for water quality improvement projects as defined by title one of 41 this article, not less than [five] six hundred fifty million dollars 42 [($550,000,000)] ($650,000,000) shall be available for water quality 43 improvement projects developed pursuant to section 58-0903 of this 44 title. Not less than two hundred million dollars ($200,000,000) of this 45 amount shall be available for wastewater infrastructure projects under- 46 taken pursuant to the New York state water infrastructure improvement 47 act of 2017 pursuant to paragraph e of subdivision one of section 48 58-0903 of this title, and not less than [one] two hundred fifty 49 million dollars [($100,000,000)] ($250,000,000) shall be available for 50 municipal stormwater projects pursuant to paragraph a of subdivision one 51 of section 58-0903 of this title. 52 § 9. Section 58-1101 and subdivision 1 of section 58-1103 of the envi- 53 ronmental conservation law, as added by section 1 of part UU of chapter 54 59 of the laws of 2021, are amended to read as follows: 55 § 58-1101. Benefits of funds.S. 8008--C 46 A. 9008--C 1 The department shall make every effort practicable to [ensure that2thirty-five] achieve a goal that forty percent of the funds pursuant to 3 this article benefit [environmental justice] disadvantaged communities; 4 however, disadvantaged communities shall receive no less than thirty- 5 five percent of the benefit of the funds pursuant to this article. 6 1. No later than sixty days following the end of each fiscal year, 7 each department, agency, public benefit corporation, and public authori- 8 ty receiving an allocation or allocations of appropriation financed from 9 the [restore mother nature] clean water, clean air, and green jobs envi- 10 ronmental bond act of 2022 shall submit to the commissioner in a manner 11 and form prescribed by the department, the following information as of 12 March thirty-first of such fiscal year, within each category listed in 13 this title: the total appropriation; total commitments; year-to-date 14 disbursements; remaining uncommitted balances; and a description of each 15 project. 16 § 9-a. Article 58 of the environmental conservation law is amended by 17 adding a new title 13 to read as follows: 18 TITLE 13 19 LABOR STANDARDS 20 Section 58-1301. Labor standards. 21 § 58-1301. Labor standards. 22 1. Projects funded pursuant to this article shall require compliance 23 with prevailing wage requirements pursuant to section two hundred twenty 24 of the labor law. 25 2. Any state entity or municipality receiving at least twenty-five 26 million dollars ($25,000,000) from funds allocated pursuant to this 27 article for a project costing greater than fifty million dollars 28 ($50,000,000) shall require use of apprenticeship agreements as defined 29 by article twenty-three of the labor law. 30 3. (a) Any state entity or municipality receiving at least twenty-five 31 million dollars ($25,000,000) from funds allocated pursuant to this 32 article for a project which involves the construction, reconstruction, 33 alteration, maintenance, moving, demolition, excavation, development or 34 other improvement of any building, structure or land, shall be subject 35 to section two hundred twenty-two of the labor law. 36 (b) Any privately owned project receiving funds allocated pursuant to 37 this title which utilizes a project labor agreement on such project 38 shall not be subject to article eight of the labor law. 39 4. If determined applicable, a municipality or state entity may 40 require that the private owner of a project, or a third party acting on 41 the owner's behalf, enter into a labor peace agreement with at least one 42 bona fide labor organization either: (a) where such bona fide labor 43 organization is actively representing non-construction employees; or (b) 44 upon notice by a bona fide labor organization that is attempting to 45 represent non-construction employees. For purposes of this section 46 "labor peace agreement" means an agreement between an entity and labor 47 organization that, at a minimum, protects the state's proprietary inter- 48 ests by prohibiting labor organizations and members from engaging in 49 picketing, work stoppages, boycotts, and any other economic interfer- 50 ence. 51 5.(a) Any municipality or state entity, or a third party acting on 52 behalf and for the benefit of the municipality or state entity, in each 53 contract for construction, reconstruction, alteration, repair, improve- 54 ment or maintenance of a project receiving funds under this article that 55 is a public work, shall ensure that such contract contains a provision 56 that the structural iron and structural steel used or supplied in theS. 8008--C 47 A. 9008--C 1 performance of the contract or any subcontract thereto and that is 2 permanently incorporated into the public work, shall be produced or made 3 in whole or substantial part in the United States, its territories or 4 possessions. In the case of a structural iron or structural steel prod- 5 uct, all manufacturing must take place in the United States, from the 6 initial melting stage through the application of coatings, except metal- 7 lurgical processes involving the refinement of steel additives. For the 8 purposes of this subdivision, "permanently incorporated" shall mean an 9 iron or steel product that is required to remain in place at the end of 10 the project contract, in a fixed location, affixed to the public work to 11 which it was incorporated. Iron and steel products that are capable of 12 being moved from one location to another are not permanently incorpo- 13 rated into a public work. 14 (b) The provisions of paragraph (a) of this subdivision shall not 15 apply if the head of the department, agency, or municipal entity 16 constructing the public work, in his or her sole discretion, determines 17 that the provisions would not be in the public interest, would result in 18 unreasonable costs, or that obtaining such steel or iron in the United 19 States would increase the cost of the contract by an unreasonable 20 amount, or such iron or steel, including without limitation structural 21 iron and structural steel, cannot be produced or made in the United 22 States in sufficient and reasonably available quantities and of satis- 23 factory quality. 24 § 10. Section 97-tttt of the state finance law, as added by section 2 25 of part UU of chapter 59 of the laws of 2021, is amended to read as 26 follows: 27 § 97-tttt. [Restore mother nature] Clean water, clean air, and green 28 jobs bond fund. 1. There is hereby established in the joint custody of 29 the state comptroller and the commissioner of taxation and finance a 30 special fund to be known as the "[restore mother nature] clean water, 31 clean air, and green jobs bond fund". 32 2. The state comptroller shall deposit into the [restore mother33nature] clean water, clean air, and green jobs bond fund all moneys 34 received by the state from the sale of bonds and/or notes for uses 35 eligible pursuant to section four of the clean water, clean air, and 36 green jobs environmental bond act of 2022 ["restore mother nature"]. 37 3. Moneys in the [restore mother nature] clean water, clean air, and 38 green jobs bond fund, following appropriation by the legislature and 39 allocation by the director of the budget, shall be available only for 40 reimbursement of expenditures made from appropriations from the capital 41 projects fund for the purpose of the [restore mother nature] clean 42 water, clean air, and green jobs bond fund, as set forth in the clean 43 water, clean air, and green jobs environmental bond act of 2022 44 ["restore mother nature"]. 45 4. No moneys received by the state from the sale of bonds and/or notes 46 sold pursuant to the clean water, clean air, and green jobs environ- 47 mental bond act of 2022 ["restore mother nature"] shall be expended for 48 any project until funds therefor have been allocated pursuant to the 49 provisions of this section and copies of the appropriate certificates of 50 approval filed with the chair of the senate finance committee, the chair 51 of the assembly ways and means committee and the state comptroller. 52 § 11. Subdivision 32 of section 61 of the state finance law, as added 53 by section 3 of part UU of chapter 59 of the laws of 2021, is amended to 54 read as follows: 55 32. Thirty years. For the payment of "[restore mother nature] clean 56 water, clean air, and green jobs" projects, as defined in articleS. 8008--C 48 A. 9008--C 1 fifty-eight of the environmental conservation law and undertaken pursu- 2 ant to a chapter of the laws of two thousand twenty-one, enacting and 3 constituting the clean water, clean air, and green jobs environmental 4 bond act of 2022 ["restore mother nature"]. Thirty years for flood 5 control infrastructure, other environmental infrastructure, wetland and 6 other habitat restoration, water quality projects, acquisition of land, 7 including acquisition of real property, and renewable energy projects. 8 Notwithstanding the foregoing, for the purposes of calculating annual 9 debt service, the state comptroller shall apply a weighted average peri- 10 od of probable life of [restore mother nature] clean water, clean air, 11 and green jobs projects, including any other works or purposes to be 12 financed with state debt. Weighted average period of probable life shall 13 be determined by computing the sum of the products derived from multi- 14 plying the dollar value of the portion of the debt contracted for each 15 work or purpose (or class of works or purposes) by the probable life of 16 such work or purpose (or class of works or purposes) and dividing the 17 resulting sum by the dollar value of the entire debt after taking into 18 consideration any original issue premium or discount. 19 § 12. Section 5 of part UU of chapter 59 of the laws of 2021 amending 20 the environmental conservation law and the state finance law relating to 21 the implementation of the environmental bond act of 2022 "restore mother 22 nature", is amended to read as follows: 23 § 5. This act shall take effect only in the event that section 1 of 24 part TT of the chapter of the laws of 2021 enacting the clean water, 25 clean air, and green jobs environmental bond act of 2022 ["restore moth-26er nature"] is submitted to the people at the general election to be 27 held in November 2022 and is approved by a majority of all votes cast 28 for and against it at such election. Upon such approval, this act shall 29 take effect immediately; provided that the commissioner of environmental 30 conservation shall notify the legislative bill drafting commission upon 31 the occurrence of the enactment of section 1 of part TT of the chapter 32 of the laws of 2021 enacting the clean water, clean air, and green jobs 33 environmental bond act of 2022 ["restore mother nature"], in order that 34 the commission may maintain an accurate and timely effective data base 35 of the official text of the laws of the state of New York in furtherance 36 of effectuating the provisions of section 44 of the legislative law and 37 section 70-b of the public officers law. Effective immediately, the 38 addition, amendment, and/or repeal of any rule or regulation necessary 39 for the implementation of the foregoing sections of this act are author- 40 ized [and directed] to be made and completed on or before such effective 41 date. 42 § 13. This act shall take effect immediately; provided, however that 43 sections one, two, three, four, five, six, seven, eight, nine, nine-a, 44 ten and eleven of this act shall take effect on the same date and in the 45 same manner as part UU of chapter 59 of the laws of 2021, takes effect. 46 PART PP 47 Section 1. Subdivision (a) of section 1421 of the tax law, as amended 48 by section 4 of part OOO of chapter 59 of the laws of 2019, is amended 49 to read as follows: 50 (a) From the taxes, interest and penalties attributable to the tax 51 imposed pursuant to section fourteen hundred two of this article, the 52 amount of one hundred ninety-nine million three hundred thousand dollars 53 shall be deposited by the comptroller in the environmental protection 54 fund established pursuant to section ninety-two-s of the state financeS. 8008--C 49 A. 9008--C 1 law for the fiscal year beginning April first, two thousand nine; the 2 amount of one hundred nineteen million one hundred thousand dollars 3 shall be deposited in such fund for the fiscal year beginning April 4 first, two thousand ten; the amount of two hundred fifty-seven million 5 three hundred fifty thousand dollars shall be deposited into such fund 6 for the fiscal year beginning April first, two thousand twenty-two; and 7 for each fiscal year thereafter. On or before June twelfth, nineteen 8 hundred ninety-five and on or before the twelfth day of each month ther- 9 eafter (excepting the first and second months of each fiscal year), the 10 comptroller shall deposit into such fund from the taxes, interest and 11 penalties collected pursuant to such section fourteen hundred two of 12 this article which have been deposited and remain to the comptroller's 13 credit in the banks, banking houses or trust companies referred to in 14 section one hundred seventy-one-a of this chapter at the close of busi- 15 ness on the last day of the preceding month, an amount equal to one- 16 tenth of the annual amount required to be deposited in such fund pursu- 17 ant to this section for the fiscal year in which such deposit is 18 required to be made. In the event such amount of taxes, interest and 19 penalties so remaining to the comptroller's credit is less than the 20 amount required to be deposited in such fund by the comptroller, an 21 amount equal to the shortfall shall be deposited in such fund by the 22 comptroller with subsequent deposits, as soon as the revenue is avail- 23 able. Beginning April first, nineteen hundred ninety-seven, the comp- 24 troller shall transfer monthly to the clean water/clean air fund estab- 25 lished pursuant to section ninety-seven-bbb of the state finance law, 26 all moneys remaining from such taxes, interest and penalties collected 27 that are not required for deposit in the environmental protection fund. 28 § 2. This act shall take effect immediately. 29 PART QQ 30 Section 1. Subdivisions 1, 2, 3 and 7 of section 24-0105 of the envi- 31 ronmental conservation law, as added by chapter 614 of the laws of 1975, 32 subdivision 7 as renumbered by chapter 654 of the laws of 1977, are 33 amended to read as follows: 34 1. The freshwater wetlands of the state of New York are invaluable 35 resources for flood protection, wildlife habitat, open space, climate 36 change mitigation through the accumulation and storage of large amounts 37 of carbon, and water resources. 38 2. Considerable acreage of freshwater wetlands in the state of New 39 York has been lost, despoiled or impaired by unregulated draining, 40 dredging, filling, excavating, building, pollution or other [acts] 41 activities inconsistent with the natural uses of such areas. [Other42freshwater] Freshwater wetlands are in jeopardy of being lost, despoiled 43 or impaired by such [unrelated acts] activities and because of the 44 recent curtailment of federal wetland protections. 45 3. Recurrent flooding aggravated or caused by the loss of freshwater 46 wetlands has serious effects upon natural ecosystems and communities. 47 The increasing severity and duration of storm-related flooding due to 48 climate change, which has caused billions of dollars of property damage 49 across the state, makes protection of all freshwater wetlands in the 50 state of vital importance. 51 7. Any loss of freshwater wetlands deprives the people of the state of 52 some or all of the many and multiple benefits to be derived from 53 wetlands, to wit:S. 8008--C 50 A. 9008--C 1 (a) flood and storm control by the hydrologic absorption and storage 2 capacity of freshwater wetlands; 3 (b) wildlife habitat by providing breeding, nesting and feeding 4 grounds and cover for many forms of wildlife, wildfowl and shorebirds, 5 including migratory wildfowl and rare, endangered or threatened species 6 [such as the bald eagle and osprey], fish, reptiles and amphibians, 7 insects and other invertebrates; 8 (c) protection of subsurface water resources and provision for valu- 9 able watersheds and recharging ground water supplies; 10 (d) recreation by providing areas for hunting, fishing, boating, 11 hiking, bird watching, photography, camping and other uses; 12 (e) pollution treatment by serving as biological and chemical oxida- 13 tion basins and carbon sinks; 14 (f) erosion control by serving as sedimentation areas and filtering 15 basins, absorbing silt and organic matter and protecting channels and 16 harbors; 17 (g) education and scientific research by providing readily accessible 18 outdoor bio-physical laboratories, living classrooms and vast training 19 and education resources; [and] 20 (h) open space and aesthetic appreciation by providing often the only 21 remaining open areas along crowded river fronts and coastal Great Lakes 22 regions; [and] 23 (i) sources of nutrients in freshwater food cycles and nursery grounds 24 and sanctuaries for freshwater fish[.]; 25 (j) preservation of plant species that are rare, endangered or threat- 26 ened, or exploitably vulnerable as defined in section 9-1503 of this 27 chapter; and 28 (k) preservation of communities of plants and animals that are deemed 29 by the commissioner to be rare in the state or in a region of the state. 30 § 2. The opening paragraph and paragraphs (c) and (d) of subdivision 31 1, and subdivisions 2, 3 and 8 of section 24-0107 of the environmental 32 conservation law, as amended by chapter 654 of the laws of 1977, are 33 amended and two new subdivisions 9 and 10 are added to read as follows: 34 "Freshwater wetlands" means lands and waters of the state [as shown on35the freshwater wetlands map], that are not tidal wetlands as defined in 36 subdivision one of section 25-0103 of this chapter, that have an area of 37 at least twelve and four-tenths acres or, if less than twelve and four- 38 tenths acres in size, are of unusual importance, and which contain any 39 or all of the following: 40 (c) lands and waters substantially enclosed by aquatic or semi-aquatic 41 vegetation as set forth in paragraph (a) of this subdivision or by dead 42 vegetation as set forth in paragraph (b) of this subdivision, the regu- 43 lation of which is necessary to protect and preserve the aquatic and 44 semi-aquatic vegetation; and 45 (d) the waters overlying the areas set forth in paragraphs (a) and (b) 46 of this subdivision and the lands underlying paragraph (c) of this 47 subdivision. 48 2. "Freshwater wetlands map" shall mean a map [promulgated] developed 49 by the department pursuant to section 24-0301 of this article on which 50 are indicated the boundaries of any freshwater wetlands. Freshwater 51 wetland maps depict the approximate location of wetlands and are not 52 necessarily determinative as to whether a permit is required pursuant to 53 section 24-0701 of this article. 54 3. "Boundaries of a freshwater wetland" shall mean the outer limit of 55 the vegetation specified in paragraphs (a) and (b) of subdivision one ofS. 8008--C 51 A. 9008--C 1 this section [24-0107] and of the lands and waters specified in para- 2 graph (c) of such subdivision. 3 8. "Pollution" shall mean the presence in the environment of [man-in-4duced] human-induced conditions, or contaminants in quantities or char- 5 acteristics which are or may be injurious to human, plant or wildlife, 6 or other animal life or to property. 7 9. "Unusual importance" shall mean a freshwater wetland, regardless of 8 size, that possesses one or more of the following characteristics as 9 determined by the department pursuant to regulations: 10 (a) it is located in a watershed that has experienced significant 11 flooding in the past, or is expected to experience significant flooding 12 in the future from severe storm events related to climate change; 13 (b) it is located within or adjacent to an urban area, as defined by 14 the United States census bureau; 15 (c) it contains a plant species occurring in fewer than thirty-five 16 sites statewide or having fewer than five thousand individuals state- 17 wide; 18 (d) it contains habitat for an essential behavior of an endangered or 19 threatened species or a species of special concern as defined under 20 section 11-0535 of this chapter or listed as a species of greatest 21 conservation need in New York's wildlife action plan; 22 (e) it is classified by the department as a Class I wetland; 23 (f) it was previously classified and mapped by the department as a 24 wetland of unusual local importance; 25 (g) it is a vernal pool that is known to be productive for amphibian 26 breeding; 27 (h) it is located in an area designated as a floodway on the most 28 current Digital Flood Insurance Rate Map (DFIRM) produced by the Federal 29 Emergency Management Agency; 30 (i) it was previously mapped by the department as a wetland on or 31 before December thirty-first, two thousand twenty-four; 32 (j) it has wetland functions and values that are of local or regional 33 significance; or 34 (k) it is determined by the commissioner to be of significant impor- 35 tance to protecting the state's water quality. 36 10. "Delineation" shall mean a precise representation of a regulated 37 freshwater wetland as defined in subdivision one of this section. 38 § 3. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the environ- 39 mental conservation law are REPEALED. 40 § 4. Subdivisions 6, 7 and 8 of section 24-0301 of the environmental 41 conservation law, subdivision 6 as amended by chapter 16 of the laws of 42 2010 and subdivision 7 as amended and subdivision 8 as added by chapter 43 654 of the laws of 1977, are amended and three new subdivisions 4, 5 and 44 6 are added to read as follows: 45 [6.] 1. Except as provided in subdivision [eight] three of this 46 section, the commissioner shall supervise the maintenance of [such boun-47dary] freshwater wetlands maps, which shall be available to the public 48 for inspection and examination at the regional office of the department 49 in which the wetlands are wholly or partly located [and in the office of50the clerk of each county in which each such wetland or a portion thereof51is located] on the department's website. Digital files of freshwater 52 wetland maps may also be made available, upon request, to the clerk of 53 each county, city, town, or village in which each such wetland or a 54 portion thereof is located. The commissioner may readjust the map 55 [thereafter to clarify the boundaries of the wetlands, to correct any56errors on the map, to effect any additions, deletions or technicalS. 8008--C 52 A. 9008--C 1changes on the map, and to reflect changes as have occurred as a result2of the granting of permits pursuant to section 24-0703 of this article,3or natural changes which may have occurred through erosion, accretion,4or otherwise. Notice of such readjustment shall be given in the same5manner as set forth in subdivision five of this section for the promul-6gation of final freshwater wetlands maps. In addition, at the time7notice is provided pursuant to subdivision five of this section, the8commissioner shall update any digital image of the map posted on the9department's website to reflect such readjustment] at any time to more 10 accurately depict the approximate location of wetlands, provided howev- 11 er, that a description of such changes shall be made available on the 12 department's website along with the date such changes were made. 13 [7.] 2. Except as provided in subdivision [eight] three of this 14 section, the commissioner may, upon [his] their own initiative, and 15 shall, upon a written request by a landowner whose land or a portion 16 thereof may be included within a wetland, or upon the written request of 17 another person or persons or an official body whose interests are shown 18 to be affected, cause to be delineated [more precisely] the boundary 19 line or lines of a freshwater wetland or a portion thereof. [Such more20precise delineation of a freshwater wetland boundary line or lines shall21be of appropriate scale and sufficient clarity to permit the ready iden-22tification of individual buildings and of other major man-made struc-23tures or facilities or significant geographical features with respect to24the boundary of any freshwater wetland.] The commissioner shall under- 25 take to delineate the boundary of a particular wetland or wetlands, or a 26 particular part of the boundary thereof only upon a showing by the 27 applicant therefor of good cause for such [more precise] delineation and 28 the establishment of such [more precise] line. Such delineation shall 29 be effective for a period of five years from the date of such deline- 30 ation. 31 [8.] 3. The supervision of the maintenance of any freshwater wetlands 32 map or portion thereof applicable to wetlands within the Adirondack 33 park, the readjustment and precise delineation of wetland boundary lines 34 and the other functions and duties ascribed to the commissioner by 35 subdivisions [six and seven] one and two of this section shall be 36 performed by the Adirondack park agency, which shall make such maps 37 available for public inspection and examination at its headquarters and 38 on the agency's website. 39 4. There is a rebuttable presumption that mapped and unmapped 40 areas meeting the definition of a freshwater wetland in this article 41 are regulated and subject to permit requirements. This presumption 42 may be rebutted by presenting information to the department that the 43 area does not meet the definition contained in this article. A wetland 44 delineation by the department, or a verification by the department of a 45 wetland delineation by another party, is required to identify the regu- 46 lated freshwater wetland boundary in a particular location. 47 5. By January 1, 2025, in addition to any ongoing aerial photography, 48 soil surveys or field verifications being conducted by the department, 49 the department shall accept information from federal government sources, 50 other state sources, local governments, colleges, universities, environ- 51 mental organizations or other private agencies, regarding the location 52 of freshwater wetlands. 53 6. By January 1, 2025, the department shall make educational materials 54 available on its website to inform landowners and local governments of 55 the process for determining how to identify freshwater wetlands.S. 8008--C 53 A. 9008--C 1 § 5. Subdivisions 1 and 4 of section 24-0501 of the environmental 2 conservation law, as amended by chapter 654 of the laws of 1977, are 3 amended to read as follows: 4 1. On or after September 1, 1975, each local government may adopt, 5 amend, and[, upon the filing of the appropriate freshwater wetlands6map,] implement a freshwater wetlands protection law or ordinance in 7 accordance with this article to be applicable to all freshwater wetlands 8 wholly or partially within its jurisdiction. No freshwater wetlands 9 protection law or ordinance adopted by a county pursuant to this section 10 shall be applicable within the boundaries of any city, town or village 11 which has adopted and is implementing a local freshwater wetlands 12 protection law or ordinance consistent with this article. 13 4. [If a city, town or village fails to adopt and implement a freshwa-14ter wetlands protection law or ordinance in accordance with this article15by the date the applicable freshwater wetlands map is filed by the16department or by September 1, 1977, whichever is later, it shall be17deemed to have transferred the function to the county in accordance with18section 24-0503. If the county fails within ninety days after the date19of filing of the applicable freshwater wetlands map or after September201, 1977, whichever is later, to adopt and implement a freshwater21wetlands protection law or ordinance in accordance with this article, it22shall be deemed to have transferred the function to the department.] 23 Within thirty days after the adoption of a freshwater wetlands 24 protection law or ordinance pursuant to this article, the local govern- 25 ment shall notify the department thereof, under such terms and condi- 26 tions as the department may prescribe, together with its technical and 27 administrative capacity to administer the act. Failure of a local 28 government to give such notice shall constitute a transfer of function 29 pursuant to this subdivision and section 24-0503 of this article. 30 § 6. Section 24-0507 of the environmental conservation law, as amended 31 by section 42 of part D of chapter 60 of the laws of 2012, is amended to 32 read as follows: 33 § 24-0507. Reservation of local jurisdiction. 34 1. Except as provided in this article, jurisdiction over all areas 35 which would qualify as freshwater wetlands [except that they are not36designated as such on the freshwater wetlands map pursuant to section3724-0301 of this article because they are] less than twelve and four- 38 tenths acres in size and are not of unusual [local] importance is 39 reserved to the city, town or village in which they are wholly or 40 partially located, and the implementation of this article with respect 41 thereto is the responsibility of said city, town or village, in accord- 42 ance with section 24-0501 and title twenty-three of article seventy-one 43 of this chapter, except that a city, town or village in the exercise of 44 its powers under this section, shall not be subject to the provisions of 45 subdivision four of section 24-0501, subdivisions two and three of 46 section 24-0503, or section 24-0505 of this article. 47 2. The department shall consult with any city, town, or village that 48 exercises its powers under this section for the protection of freshwater 49 wetlands. 50 § 7. Subdivisions 1 and 4 of section 24-0701 of the environmental 51 conservation law, subdivision 1 as amended by chapter 654 of the laws of 52 1977 and subdivision 4 as amended by chapter 697 of the laws of 1979, 53 are amended to read as follows: 54 1. [After issuance of the official freshwater wetlands map of the55state, or of any selected section or region thereof, any] Any person 56 desiring to conduct activities on freshwater wetlands [as so designatedS. 8008--C 54 A. 9008--C 1thereon any of the regulated activities set forth in subdivision two of2this section], or the regulated areas adjacent to these wetlands set 3 forth in subdivision two of this section, must obtain a permit as 4 provided in this title. 5 4. [The] On lands in active agricultural use or silviculture use, the 6 activities of farmers and other landowners in grazing and watering live- 7 stock, making reasonable use of water resources, harvesting natural 8 products of the wetlands, selectively cutting timber, draining land or 9 wetlands for growing agricultural products and otherwise engaging in the 10 use of wetlands or other land for growing agricultural products shall be 11 excluded from regulated activities and shall not require a permit under 12 subdivision one [hereof] of this section, except that structures not 13 required for enhancement or maintenance of the agricultural productivity 14 of the land and any filling activities shall not be excluded hereunder, 15 and provided that the use of land [designated as a freshwater wetland16upon the freshwater wetlands map at the effective date thereof] that 17 meets the definition of a freshwater wetland in section 24-0107 of this 18 article for uses other than those referred to in this subdivision shall 19 be subject to the provisions of this article. All activities on lands 20 that meet the definition of a freshwater wetland shall be subject to the 21 provisions of this article once agricultural or silviculture activities 22 cease. 23 § 8. Subdivision 5 of section 24-0703 of the environmental conserva- 24 tion law, as amended by section 38 of part D of chapter 60 of the laws 25 of 2012, is amended to read as follows: 26 5. [Prior to the promulgation of the final freshwater wetlands map in27a particular area and the implementation of a freshwater wetlands28protection law or ordinance, no person shall conduct, or cause to be29conducted, any activity for which a permit is required under section3024-0701 of this title on any freshwater wetland unless he has obtained a31permit from the commissioner under this section.] Any person may inquire 32 of the department as to whether or not a given parcel of land [will be33designated] includes a freshwater wetland subject to regulation or a 34 regulated freshwater wetland adjacent area. The department shall give a 35 definite answer in writing within [thirty] ninety days of such request 36 as to [whether] the status of such parcel [will or will not be so desig-37nated] and whether a permit is required for the proposed activity, 38 provided that the person has a delineation verified by the department 39 and site-specific development plans. Provided that, in the event that 40 weather or ground conditions prevent the department from making a deter- 41 mination within [thirty] ninety days, it may extend such period until a 42 determination can be made. Such answer in the affirmative shall be 43 reviewable; such an answer in the negative shall be a complete defense 44 to the enforcement of this article as to such parcel of land for a peri- 45 od of five years from the date the department issues the negative 46 answer. [The commissioner may by regulation adopted after public hearing47exempt categories or classes of wetlands or individual wetlands which he48determines not to be critical to the furtherance of the policies and49purposes of this article.] 50 § 9. Subdivision 1 of section 24-0705 of the environmental conserva- 51 tion law, as amended by chapter 654 of the laws of 1977, is amended to 52 read as follows: 53 1. In granting, denying or limiting any permit, the local government 54 or the commissioner shall consider the effect of the proposed activity 55 with reference to the public health and welfare, climate change, fish- 56 ing, flood, hurricane and storm dangers, and protection or enhancementS. 8008--C 55 A. 9008--C 1 of the several functions of the freshwater wetlands and the benefits 2 derived therefrom which are set forth in section 24-0103 of this arti- 3 cle. The effects of the proposed activity shall be considered by the 4 department or a local government, as the case may be, irrespective of 5 political boundaries. 6 § 10. Subdivision 1 of section 24-0901 of the environmental conserva- 7 tion law, as added by chapter 614 of the laws of 1975, is amended to 8 read as follows: 9 1. [Upon completion of the freshwater wetlands map, the] The commis- 10 sioner shall confer with local government officials in each region [in11which the inventory has been conducted] to establish a program for the 12 protection of the freshwater wetlands of the state. 13 § 11. Subdivisions 1 and 5 of section 24-0903 of the environmental 14 conservation law, as added by chapter 614 of the laws of 1975, are 15 amended to read as follows: 16 1. [Upon completion of the freshwater wetlands map of the state, or of17any selected section or region thereof, the] The commissioner shall 18 [proceed to] classify freshwater wetlands [so designated thereon] 19 according to their most appropriate uses, in light of the values set 20 forth in section 24-0105 of this article and the present conditions of 21 such wetlands. The commissioner shall determine what uses of such 22 wetlands are most compatible with the foregoing and shall prepare mini- 23 mum land use regulations to permit only such compatible uses. The clas- 24 sifications may cover freshwater wetlands in more than one governmental 25 subdivision. Permits pursuant to section 24-0701 of this article are 26 required whether or not a classification has been promulgated. 27 5. Prior to the adoption of any land use regulations governing fresh- 28 water wetlands, the commissioner shall hold a public hearing thereon in 29 the area in which the affected freshwater wetlands are located, and give 30 fifteen days prior notice thereof by posting on the department's website 31 or by publication at least once in a newspaper having general circu- 32 lation in the area of the local government involved. The commissioner 33 shall promulgate the regulations [within thirty days of such hearing] 34 and post such order on the department's website or publish such order 35 [at least once] in a newspaper having general circulation in the area of 36 the local government affected and make such plan available for public 37 inspection and review[; such order shall not take effect until thirty38days after the filing thereof with the clerk of the county in which such39wetland is located]. 40 § 12. Section 24-1305 of the environmental conservation law, as added 41 by chapter 771 of the laws of 1976, is amended to read as follows: 42 § 24-1305. Applicability. 43 The provisions of this article shall not apply to any land use, 44 improvement or development for which final approval shall have been 45 obtained prior to the effective date of this article from the local 46 governmental authority or authorities having jurisdiction over such land 47 use. As used in this section, the term "final approval" shall mean[:48(a) in the case of the subdivision of land, conditional approval of a49final plat as the term is defined in section two hundred seventy-six of50the town law, and approval as used in section 7-728 of the village law51and section thirty-two of the general cities law;52(b) in the case of a site plan not involving the subdivision of land,53approval by the appropriate body or office of a city, village or town of54the site plan; and55(c) in those cases not covered by subdivision (a) or (b) above,] the 56 issuance of a building permit or other authorization for the commence-S. 8008--C 56 A. 9008--C 1 ment of the use, improvement or development for which such permit or 2 authorization was issued or in those local governments which do not 3 require such permits or authorizations, the actual commencement of the 4 use, improvement or development of the land. 5 § 13. Paragraph b of subdivision 1 of section 54-1523 of the environ- 6 mental conservation law, as added by section 5 of part U of chapter 58 7 of the laws of 2016, is amended to read as follows: 8 b. nature-based solutions such as wetland protections, including 9 mapping and restoration of freshwater wetlands, to address physical 10 climate risk due to sea level rise, and/or storm surges and/or flooding, 11 based on available data predicting the likelihood of future extreme 12 weather events, including hazard risk analysis data if applicable; 13 § 14. Subdivision 8 of section 70-0117 of the environmental conserva- 14 tion law, as added by section 1 of part AAA of chapter 59 of the laws of 15 2009, is amended to read as follows: 16 8. (a) All persons required to obtain a permit from the department 17 pursuant to section 24-0701 of this chapter shall submit to the depart- 18 ment an application fee in an amount not to exceed the following: 19 (i) [fifty] one hundred dollars per application for a [permit for a20minor project as defined in this article or] modification to any exist- 21 ing permit issued pursuant to section 24-0701 of this chapter; 22 (ii) [fifty] three hundred dollars per application for [a permit for a23residential project defined as associated with] one new single family 24 dwelling and customary appurtenances thereto; 25 (iii) [one] five hundred dollars per application for multiple new 26 single family dwellings, or a new multiple family dwelling and customary 27 appurtenances thereto; 28 (iv) [two] one thousand dollars per application for new commercial or 29 industrial structures or improvements; 30 (v) one hundred dollars per application for a permit for any other 31 project as defined in this article. 32 (b) All persons required to obtain a permit from the department pursu- 33 ant to section 25-0402 of this chapter shall submit to the department an 34 application fee in an amount not to exceed the following: 35 (i) [two] three hundred dollars per application for a permit for a 36 minor project as defined in this article or modification to any existing 37 permit issued pursuant to section 25-0402 of this chapter; 38 (ii) [nine hundred] two thousand dollars per application for subdivi- 39 sion of land or new commercial or industrial structures or improvements; 40 (iii) one thousand dollars per application for a permit for a project 41 as defined in this article. 42 (c) [All fees] Fees collected pursuant to [this] paragraph (a) of this 43 subdivision shall be deposited [into the environmental protection fund44pursuant to section ninety-two-s of the state finance law] to the credit 45 of the conservation fund. Fees collected pursuant to paragraph (b) of 46 this subdivision shall be deposited to the credit of the marine 47 resources account of the conservation fund. 48 (d) Application fees required pursuant to this subdivision will not be 49 required for any state department. 50 § 15. Subdivisions 1 and 2 of section 71-2303 of the environmental 51 conservation law, as amended by chapter 99 of the laws of 2010, are 52 amended to read as follows: 53 1. [Administrative] Civil sanctions. a. Any person who violates, diso- 54 beys or disregards any provision of article twenty-four, including title 55 five and section 24-0507 thereof or any rule or regulation, local law or 56 ordinance, permit or order issued pursuant thereto, shall be liable toS. 8008--C 57 A. 9008--C 1 the people of the state for a civil penalty of not to exceed eleven 2 thousand dollars for every such violation, to be assessed, after a hear- 3 ing or opportunity to be heard upon due notice and with the rights to 4 specification of the charges and representation by counsel at such hear- 5 ing, by the commissioner or local government or in an action initiated 6 by the attorney general pursuant to section 71-2305 of this title or on 7 the attorney general's own initiative. Each violation shall be a sepa- 8 rate and distinct violation and, in the case of a continuing violation, 9 each day's continuance thereof shall be deemed a separate and distinct 10 violation. Such penalty assessed by the commissioner or local government 11 may be recovered in an action brought by the attorney general at the 12 request and in the name of the commissioner or local government in any 13 court of competent jurisdiction. Such civil penalty may be released or 14 compromised by the commissioner or local government before the matter 15 has been referred to the attorney general; and where such matter has 16 been referred to the attorney general, any such penalty may be released 17 or compromised and any action commenced to recover the same may be 18 settled and discontinued by the attorney general with the consent of the 19 commissioner or local government. In addition, the commissioner or local 20 government shall have power, following a hearing held in conformance 21 with the procedures set forth in section 71-1709 of this article, to 22 direct the violator to cease [his violation of] violating the act and to 23 restore the affected freshwater wetland to its condition prior to the 24 violation, insofar as that is possible within a reasonable time and 25 under the supervision of the commissioner or local government. Any such 26 order of the commissioner or local government shall be enforceable in an 27 action brought by the attorney general at the request and in the name of 28 the commissioner or local government in any court of competent jurisdic- 29 tion. Any civil penalty or order issued by the commissioner or local 30 government pursuant to this subdivision shall be reviewable in a 31 proceeding pursuant to article seventy-eight of the civil practice law 32 and rules. 33 b. Upon determining that significant damage to the functions and bene- 34 fits of a freshwater wetland is occurring or is imminent as a result of 35 any violation of article twenty-four of this chapter, including but not 36 limited to (i) activity taking place requiring a permit under article 37 twenty-four of this chapter but for which no permit has been granted or 38 (ii) failure on the part of a permittee to adhere to permit conditions, 39 the commissioner or local government shall have power to direct the 40 violator to cease and desist from violating the act. In such cases the 41 violator shall be provided an opportunity to be heard within ten days of 42 receipt of the notice to cease and desist. 43 2. Criminal sanctions. Any person who violates any provision of arti- 44 cle twenty-four of this chapter, including any rule or regulation, local 45 law or ordinance, permit or order issued pursuant thereto, shall, in 46 addition, for the first offense, be guilty of a violation punishable by 47 a fine of not less than two thousand nor more than [four] five thousand 48 dollars; for a second and each subsequent offense he shall be guilty of 49 a misdemeanor punishable by a fine of not less than four thousand nor 50 more than [seven] ten thousand dollars or a term of imprisonment of not 51 less than fifteen days nor more than six months or both. [Instead of] In 52 addition to these punishments, any offender may be punishable by being 53 ordered by the court to restore the affected freshwater wetland or adja- 54 cent area to its condition prior to the offense, insofar as that is 55 possible. The court shall specify a reasonable time for the completion 56 of such restoration, which shall be effected under the supervision ofS. 8008--C 58 A. 9008--C 1 the commissioner or local government. Each offense shall be a separate 2 and distinct offense and, in the case of a continuing offense, each 3 day's continuance thereof shall be deemed a separate and distinct 4 offense. 5 § 16. Subdivision 1 of section 71-2305 of the environmental conserva- 6 tion law, as added by chapter 614 of the laws of 1975, is amended to 7 read as follows: 8 1. The attorney general, upon [his] their own initiative or upon 9 complaint of the commissioner or local government, shall prosecute 10 persons alleged to have violated [any such order of the commissioner or11local government pursuant to] article twenty-four of this chapter. 12 § 17. The opening paragraph of subdivision 1 of section 24-0107 of the 13 environmental conservation law, as amended by section two of this act, 14 is amended to read as follows: 15 "Freshwater wetlands" means lands and waters of the state, that are 16 not tidal wetlands as defined in subdivision one of section 25-0103 of 17 this chapter, that have an area of at least [twelve] seven and four- 18 tenths acres or, if less than [twelve] seven and four-tenths acres in 19 size, are of unusual importance, and which contain any or all of the 20 following: 21 § 18. Subdivision 1 of section 24-0507 of the environmental conserva- 22 tion law, as amended by section six of this act, is amended to read as 23 follows: 24 1. Except as provided in this article, jurisdiction over all areas 25 which would qualify as freshwater wetlands less than [twelve] seven and 26 four-tenths acres in size and are not of unusual importance is reserved 27 to the city, town or village in which they are wholly or partially 28 located, and the implementation of this article with respect thereto is 29 the responsibility of said city, town or village, in accordance with 30 section 24-0501 and title twenty-three of article seventy-one of this 31 chapter, except that a city, town or village in the exercise of its 32 powers under this section, shall not be subject to the provisions of 33 subdivision four of section 24-0501, subdivisions two and three of 34 section 24-0503, or section 24-0505 of this article. 35 § 19. This act shall take effect immediately, provided, however, that 36 section fourteen of this act shall take effect January 1, 2023, sections 37 two, three, four, five, six, seven, eight, nine, and ten of this act 38 shall take effect January 1, 2025, and sections seventeen and eighteen 39 of this act shall take effect January 1, 2028. Effective immediately, 40 the addition, amendment and/or repeal of any rule or regulation neces- 41 sary for the implementation of this act on its effective date are 42 authorized to be made and completed on or before such effective date. 43 PART RR 44 Intentionally Omitted 45 PART SS 46 Intentionally Omitted 47 PART TT 48 Intentionally OmittedS. 8008--C 59 A. 9008--C 1 PART UU 2 Section 1. Paragraph h of subdivision 1 of section 17-1909 of the 3 environmental conservation law, as added by chapter 565 of the laws of 4 1989, is amended to read as follows: 5 h. "Municipality" means any county, city, town, village, district 6 corporation, county or town improvement district, school district, Indi- 7 an reservation wholly within New York state, any public benefit corpo- 8 ration or public authority established pursuant to the laws of New York 9 or any agency of New York state which is empowered to construct and 10 operate an eligible project, or any two or more of the foregoing which 11 are acting jointly in connection with an eligible project. 12 § 2. This act shall take effect immediately. 13 PART VV 14 Intentionally Omitted 15 PART WW 16 Section 1. Subdivision 3 of section 2251 of the vehicle and traffic 17 law, as amended by section 5 of part G of chapter 59 of the laws of 18 2009, is amended to read as follows: 19 3. Fees. The triennial fee for registration of a vessel shall be: 20 twenty-two dollars and fifty cents [and a vessel surcharge of three21dollars and seventy-five cents,] if less than sixteen feet in length; 22 forty-five dollars [and a vessel surcharge of twelve dollars and fifty23cents,] if sixteen feet or over but less than twenty-six feet in length; 24 seventy-five dollars [and a vessel surcharge of eighteen dollars and25seventy-five cents,] if twenty-six feet or over. [All funds derived from26the collection of the vessel access surcharge pursuant to this subdivi-27sion are to be deposited in a subaccount of the "I love NY waterways"28vessel access account established pursuant to section ninety-seven-nn of29the state finance law. The vessel access surcharge shall not be consid-30ered a registration fee for purposes of section seventy-nine-b of the31navigation law.32Notwithstanding any inconsistent provision of this section, the differ-33ence collected between the fees set forth in this subdivision in effect34on and after September first, two thousand nine and the fees set forth35in this subdivision prior to such date shall be deposited to the credit36of the dedicated highway and bridge trust fund. Notwithstanding any37inconsistent provision of this section, the difference collected between38the vessel surcharge set forth in this subdivision in effect on and39after September first, two thousand nine and the vessel surcharge set40forth in this subdivision in effect prior to such date shall be deposit-41ed to the credit of the dedicated highway and bridge trust fund.] 42 § 2. Subdivision 2 of section 97-nn of the state finance law, as added 43 by chapter 524 of the laws of 2008, is amended to read as follows: 44 2. The "I love NY waterways" fund shall consist of [two accounts: (a)] 45 the "I love NY waterways" boating safety account[; and (b) the "I love46NY waterways" vessel access account. Moneys in each account shall be47kept separate and not commingled with any other moneys of the state]. 48 § 3. Subdivision 4 of section 97-nn of the state finance law, as 49 amended by chapter 524 of laws of 2008, is REPEALED.S. 8008--C 60 A. 9008--C 1 § 4. This act shall take effect immediately; provided, however, that 2 sections two and three of this act shall take effect April 1, 2024. 3 PART XX 4 Section 1. Section 15-2115 of the environmental conservation law is 5 amended to read as follows: 6 § 15-2115. Taxation of real estate. 7 Lands owned by the state and acquired pursuant to the provisions of 8 title 21 of this article, exclusive of the improvements erected thereon 9 by the regulating districts, shall be assessed and taxed in the same 10 manner as state lands subject to taxation pursuant to title 2 of article 11 5 of the Real Property Tax Law, provided, however, that the aggregate 12 assessed valuations of such lands in any town shall not be reduced below 13 the aggregate assessed valuations thereof with the improvements thereon 14 at the time of their acquisition by the regulating districts, and 15 provided further that in case of a general increase in assessments in 16 any town the assessed valuations of the lands and improvements at the 17 time of their acquisition by the regulating districts shall be deemed to 18 have been increased proportionately with the increase of other real 19 property in such tax district. [The taxes levied thereon shall be paid20by the river regulating district under whose authority the land was21acquired.] 22 § 2. Section 532 of the real property tax law is amended by adding a 23 new subdivision (l) to read as follows: 24 (l) lands owned by the state and acquired pursuant to the provisions 25 of title twenty-one of article fifteen of the environmental conservation 26 law exclusive of the improvements erected thereon erected by the regu- 27 lating districts. 28 § 3. This act shall take effect immediately. 29 PART YY 30 Section 1. Subdivision 6 of section 5.09 of the parks, recreation and 31 historic preservation law is REPEALED. 32 § 2. Section 7.11 of the parks, recreation and historic preservation 33 law, as amended by chapter 679 of the laws of 1981, is amended to read 34 as follows: 35 § 7.11 Powers and duties of commissions. Each regional park, recre- 36 ation and historic preservation commission shall: 37 1. [Review the application of policy and plans of the office to the38park region served by the commission and review and approve the budget39for such region prior to its submission to the commissioner.402. Adopt policies, rules and regulations applicable to its park region41subject to the general policies formulated by the commissioner and42reviewed by the council and in conformity with rules and regulations43adopted by the commissioner.443.] Act as a central advisory agency on all matters affecting parks, 45 outdoor recreation and historic preservation within the park region it 46 serves. 47 [4.] 2. Represent and convey to the commissioner and council citizen 48 viewpoints as to the programs and needs of the park region it serves. 49 [5.] 3. Maintain close liaison with officials of the office having 50 administrative jurisdiction over the park region which it serves, and 51 advise such officials on local policy, operational and budgetary 52 matters.S. 8008--C 61 A. 9008--C 1 § 3. Section 7.13 of the parks, recreation and historic preservation 2 law is REPEALED. 3 § 4. This act shall take effect immediately. 4 PART ZZ 5 Intentionally Omitted 6 PART AAA 7 Section 1. Expenditures of moneys by the New York state energy 8 research and development authority for services and expenses of the 9 energy research, development and demonstration program, including 10 grants, the energy policy and planning program, the zero emissions vehi- 11 cle and electric vehicle rebate program, and the Fuel NY program shall 12 be subject to the provisions of this section. Notwithstanding the 13 provisions of subdivision 4-a of section 18-a of the public service law, 14 all moneys committed or expended in an amount not to exceed $22,875,000 15 shall be reimbursed by assessment against gas corporations, as defined 16 in subdivision 11 of section 2 of the public service law and electric 17 corporations as defined in subdivision 13 of section 2 of the public 18 service law, where such gas corporations and electric corporations have 19 gross revenues from intrastate utility operations in excess of $500,000 20 in the preceding calendar year, and the total amount assessed shall be 21 allocated to each electric corporation and gas corporation in proportion 22 to its intrastate electricity and gas revenues in the calendar year 23 2020. Such amounts shall be excluded from the general assessment 24 provisions of subdivision 2 of section 18-a of the public service law. 25 The chair of the public service commission shall bill such gas and/or 26 electric corporations for such amounts on or before August 10, 2022 and 27 such amounts shall be paid to the New York state energy research and 28 development authority on or before September 10, 2022. Upon receipt, the 29 New York state energy research and development authority shall deposit 30 such funds in the energy research and development operating fund estab- 31 lished pursuant to section 1859 of the public authorities law. The New 32 York state energy research and development authority is authorized and 33 directed to: (1) transfer up to $4 million to the state general fund for 34 climate change related services and expenses of the department of envi- 35 ronmental conservation, $150,000 to the state general fund for services 36 and expenses of the department of agriculture and markets, and 37 $1,000,000 to the University of Rochester laboratory for laser energet- 38 ics from the funds received; and (2) commencing in 2016, provide to the 39 chair of the public service commission and the director of the budget 40 and the chairs and secretaries of the legislative fiscal committees, on 41 or before August first of each year, an itemized record, certified by 42 the president and chief executive officer of the authority, or his or 43 her designee, detailing any and all expenditures and commitments ascrib- 44 able to moneys received as a result of this assessment by the chair of 45 the department of public service pursuant to section 18-a of the public 46 service law. This itemized record shall include an itemized breakdown 47 of the programs being funded by this section and the amount committed to 48 each program. The authority shall not commit for any expenditure, any 49 moneys derived from the assessment provided for in this section, until 50 the chair of such authority shall have submitted, and the director of 51 the budget shall have approved, a comprehensive financial plan encom-S. 8008--C 62 A. 9008--C 1 passing all moneys available to and all anticipated commitments and 2 expenditures by such authority from any source for the operations of 3 such authority. Copies of the approved comprehensive financial plan 4 shall be immediately submitted by the chair to the chairs and secre- 5 taries of the legislative fiscal committees. Any such amount not commit- 6 ted by such authority to contracts or contracts to be awarded or other- 7 wise expended by the authority during the fiscal year shall be refunded 8 by such authority on a pro-rata basis to such gas and/or electric corpo- 9 rations, in a manner to be determined by the department of public 10 service, and any refund amounts must be explicitly lined out in the 11 itemized record described above. 12 § 2. This act shall take effect immediately and shall be deemed to 13 have been in full force and effect on and after April 1, 2022. 14 PART BBB 15 Section 1. Expenditures of moneys appropriated in a chapter of the 16 laws of 2022 to the department of agriculture and markets from the 17 special revenue funds-other/state operations, miscellaneous special 18 revenue fund-339, public service account shall be subject to the 19 provisions of this section. Notwithstanding any other provision of law 20 to the contrary, direct and indirect expenses relating to the department 21 of agriculture and markets' participation in general ratemaking 22 proceedings pursuant to section 65 of the public service law or certif- 23 ication proceedings pursuant to article 7 or 10 of the public service 24 law, shall be deemed expenses of the department of public service within 25 the meaning of section 18-a of the public service law. No later than 26 August 15, 2023, the commissioner of the department of agriculture and 27 markets shall submit an accounting of such expenses, including, but not 28 limited to, expenses in the 2022--2023 state fiscal year for personal 29 and non-personal services and fringe benefits, to the chair of the 30 public service commission for the chair's review pursuant to the 31 provisions of section 18-a of the public service law. 32 § 2. Expenditures of moneys appropriated in a chapter of the laws of 33 2022 to the department of state from the special revenue funds- 34 other/state operations, miscellaneous special revenue fund-339, public 35 service account shall be subject to the provisions of this section. 36 Notwithstanding any other provision of law to the contrary, direct and 37 indirect expenses relating to the activities of the department of 38 state's utility intervention unit pursuant to subdivision 4 of section 39 94-a of the executive law, including, but not limited to participation 40 in general ratemaking proceedings pursuant to section 65 of the public 41 service law or certification proceedings pursuant to article 7 or 10 of 42 the public service law, and expenses related to the activities of the 43 major renewable energy development program established by section 94-c 44 of the executive law, shall be deemed expenses of the department of 45 public service within the meaning of section 18-a of the public service 46 law. No later than August 15, 2023, the secretary of state shall submit 47 an accounting of such expenses, including, but not limited to, expenses 48 in the 2022--2023 state fiscal year for personal and non-personal 49 services and fringe benefits, to the chair of the public service commis- 50 sion for the chair's review pursuant to the provisions of section 18-a 51 of the public service law. 52 § 3. Expenditures of moneys appropriated in a chapter of the laws of 53 2022 to the office of parks, recreation and historic preservation from 54 the special revenue funds-other/state operations, miscellaneous specialS. 8008--C 63 A. 9008--C 1 revenue fund-339, public service account shall be subject to the 2 provisions of this section. Notwithstanding any other provision of law 3 to the contrary, direct and indirect expenses relating to the office of 4 parks, recreation and historic preservation's participation in general 5 ratemaking proceedings pursuant to section 65 of the public service law 6 or certification proceedings pursuant to article 7 or 10 of the public 7 service law, shall be deemed expenses of the department of public 8 service within the meaning of section 18-a of the public service law. No 9 later than August 15, 2023, the commissioner of the office of parks, 10 recreation and historic preservation shall submit an accounting of such 11 expenses, including, but not limited to, expenses in the 2022--2023 12 state fiscal year for personal and non-personal services and fringe 13 benefits, to the chair of the public service commission for the chair's 14 review pursuant to the provisions of section 18-a of the public service 15 law. 16 § 4. Expenditures of moneys appropriated in a chapter of the laws of 17 2022 to the department of environmental conservation from the special 18 revenue funds-other/state operations, environmental conservation special 19 revenue fund-301, utility environmental regulation account shall be 20 subject to the provisions of this section. Notwithstanding any other 21 provision of law to the contrary, direct and indirect expenses relating 22 to the department of environmental conservation's participation in state 23 energy policy proceedings, or certification proceedings pursuant to 24 article 7 or 10 of the public service law, shall be deemed expenses of 25 the department of public service within the meaning of section 18-a of 26 the public service law. No later than August 15, 2023, the commissioner 27 of the department of environmental conservation shall submit an account- 28 ing of such expenses, including, but not limited to, expenses in the 29 2022--2023 state fiscal year for personal and non-personal services and 30 fringe benefits, to the chair of the public service commission for the 31 chair's review pursuant to the provisions of section 18-a of the public 32 service law. 33 § 5. Notwithstanding any other law, rule or regulation to the contra- 34 ry, expenses of the department of health public service education 35 program incurred pursuant to appropriations from the cable television 36 account of the state miscellaneous special revenue funds shall be deemed 37 expenses of the department of public service. No later than August 15, 38 2023, the commissioner of the department of health shall submit an 39 accounting of expenses in the 2022--2023 state fiscal year to the chair 40 of the public service commission for the chair's review pursuant to the 41 provisions of section 217 of the public service law. 42 § 6. Any expense deemed to be expenses of the department of public 43 service pursuant to sections one through four of this act shall not be 44 recovered through assessments imposed upon telephone corporations as 45 defined in subdivision 17 of section 2 of the public service law. 46 § 7. This act shall take effect immediately and shall be deemed to 47 have been in full force and effect on and after April 1, 2022 and shall 48 expire and be deemed repealed April 1, 2023. 49 PART CCC 50 Intentionally Omitted 51 PART DDDS. 8008--C 64 A. 9008--C 1 Intentionally Omitted 2 PART EEE 3 Intentionally Omitted 4 PART FFF 5 Section 1. Section 1005 of the public authorities law is amended by 6 adding a new subdivision 29 to read as follows: 7 29. (a) Notwithstanding any other provision of law, the authority is 8 authorized, as deemed feasible and advisable by the trustees, to enter 9 into lease agreements with other state instrumentalities and municipal 10 entities for the use of excess capacity in the authority's fiber optic 11 communications infrastructure to provide affordable, high-speed broad- 12 band in unserved and underserved communities in the state. 13 (b) Any excess fiber optic communication infrastructure leased out by 14 the authority to a state instrumentality or municipal entity pursuant to 15 paragraph (a) of this subdivision shall be at a rate that is no greater 16 than necessary to cover the cost of maintenance of such fiber optic 17 communications infrastructure, provided that this paragraph shall not 18 limit the authority from recovering other costs it incurs to make such 19 excess capacity available in unserved and underserved communities in the 20 state. 21 (c) Lease agreements authorized pursuant to paragraph (a) of this 22 subdivision shall allow for further sublease agreements between state 23 instrumentalities and municipal entities and internet service providers 24 for the use of such fiber optic communications infrastructure for the 25 purpose of providing affordable, high-speed broadband in unserved and 26 underserved communities in the state. 27 (d) Lease agreements authorized pursuant to paragraph (a) of this 28 subdivision, and sublease agreements authorized pursuant to paragraph 29 (c) of this subdivision, shall be subject to review and comment by the 30 division of broadband access within the empire state development corpo- 31 ration in consultation with the public service commission. 32 (e) Nothing in this subdivision is intended to limit, impair, or 33 affect the legal authority of the authority that existed as of the 34 effective date of this subdivision. 35 § 2. This act shall take effect immediately and shall be deemed to 36 have been in full force and effect on and after April 1, 2022. 37 PART GGG 38 Section 1. Paragraph (d) of subdivision 5 of section 502 of the vehi- 39 cle and traffic law, as added by chapter 618 of the laws of 2021, is 40 amended to read as follows: 41 (d) (i) The commissioner shall not issue a class A commercial driver's 42 license to a person who is eighteen, nineteen or twenty years old 43 unless, in addition to meeting the requirements of this chapter with 44 respect to the issuance of commercial driver's licenses, such person 45 submits [acceptable], in a form prescribed by the commissioner, proof of 46 successful completion of the commercial driver's license (CDL) class A 47 young adult training program established [by the commissioner of trans-48portation pursuant to subdivision thirty-six of section fourteen of theS. 8008--C 65 A. 9008--C 1transportation law,] pursuant to subparagraph (ii) of this paragraph and 2 proof of completion of the minimum hours of supervised driving required 3 by such [subdivision] subparagraph. The commissioner shall place an 4 "intrastate only" restriction on any class A commercial driver's license 5 issued to a person who is eighteen, nineteen or twenty years old and 6 such restriction shall remain until such person turns twenty-one years 7 of age. 8 (ii) The commissioner, in consultation with the commissioner of trans- 9 portation, shall establish and implement a commercial driver's license 10 (CDL) class A young adult training program for young adult class A 11 commercial driver's license applicants. The commissioner shall provide 12 for the requirements and criteria of such training program which shall 13 include the entry-level driver training requirements prescribed by the 14 federal motor carrier safety administration under appendices A, C, D and 15 E of part 380 of title 49 of the code of federal regulations, as may be 16 amended from time to time, and include no less than three hundred hours 17 of behind-the-wheel training under the immediate supervision and control 18 of an experienced driver. For purposes of this paragraph, the following 19 terms shall have the following meanings: 20 (A) "Young adult" shall mean an individual who is eighteen, nineteen 21 or twenty years old. 22 (B) "Experienced driver" shall mean an individual who: 23 (1) is not less than twenty-one years of age; 24 (2) holds a valid class A commercial driver's license which is not 25 suspended, revoked or cancelled pursuant to the provisions of this chap- 26 ter or rules and regulations promulgated thereunder and has held such 27 commercial driver's license for at least two years; 28 (3) has not, for at least a one-year period: been the operator of a 29 motor vehicle involved in an accident reportable to the federal motor 30 carrier safety administration, or been the operator of a commercial 31 motor vehicle involved in an accident reportable to the commissioner, or 32 been convicted of a serious traffic violation, or been convicted of any 33 violation of title VII of this chapter for which the commissioner 34 assesses points, or been disqualified from operating a commercial motor 35 vehicle pursuant to this chapter or rules and regulations promulgated 36 thereunder; and 37 (4) has a minimum of one year of experience driving, in commerce, a 38 commercial motor vehicle which can only be operated with a class A 39 commercial driver's license. 40 (C) "Serious traffic violation" shall have the same meaning as such 41 term is defined in subdivision four of section five hundred ten-a of 42 this chapter. 43 § 2. Subdivision 36 of section 14 of the transportation law, as added 44 by chapter 618 of the laws of 2021, is REPEALED. 45 § 3. This act shall be deemed repealed if any federal agency deter- 46 mines in writing that this act would render New York state ineligible 47 for the receipt of federal funds or any court of competent jurisdiction 48 finally determines that this act would render New York state out of 49 compliance with federal law or regulation. 50 § 4. Severability. If any clause, sentence, subdivision, paragraph, 51 section or part of this act be adjudged by any court of competent juris- 52 diction to be invalid, such judgment shall not affect, impair or invali- 53 date the remainder thereof, but shall be confined in its operation to 54 the clause, sentence, subdivision, paragraph, section or part thereof 55 directly involved in the controversy in which such judgment shall have 56 been rendered.S. 8008--C 66 A. 9008--C 1 § 5. This act shall take effect on the same date and in the same 2 manner as chapter 618 of the laws of 2021 takes effect; provided that 3 the commissioner of motor vehicles shall notify the legislative bill 4 drafting commission upon the occurrence of the repeal of this act 5 provided for in section three of this act in order that the commission 6 may maintain an accurate and timely effective data base of the official 7 text of the laws of the state of New York in furtherance of effectuating 8 the provisions of section 44 of the legislative law and section 70-b of 9 the public officers law. 10 PART HHH 11 Section 1. Paragraph (a) of subdivision 1 of section 16-n of section 1 12 of chapter 174 of the laws of 1968 constituting the New York state urban 13 development corporation act, as added by section 2 of part C-2 of chap- 14 ter 109 of the laws of 2006, is amended and three new paragraphs (d), 15 (e) and (f) are added to read as follows: 16 (a) For the purposes of this section "deconstruction" shall mean the 17 careful disassembly of buildings of architectural or historic signif- 18 icance with the intent to rehabilitate, reconstruct the building or 19 salvage the material disassembled from the building[;]. 20 (d) For the purposes of this section "municipality" shall mean any 21 county, city, town or village within the state of New York, except a 22 city having a population of one million or more, unless such area is in 23 a distressed community as defined in paragraph (c) of subdivision six of 24 this section. 25 (e) For the purposes of this section "residential apartment unit" 26 shall mean a multiple dwelling consisting of one or more rooms contain- 27 ing at least one bathroom, which room or rooms are separated and set 28 apart from all other rooms within a multiple dwelling. 29 (f) For the purposes of this section "affordable housing units" shall 30 mean permanent housing that is affordable to low- and moderate-income 31 households, such that the new housing achieves income averaging at or 32 below fifty percent of the area median income, with residents' eligibil- 33 ity capped at a maximum of eighty percent of the area median income at 34 the start of their lease. 35 § 2. Subdivisions 3, 4 and 5 of section 16-n of section 1 of chapter 36 174 of the laws of 1968 constituting the New York state urban develop- 37 ment corporation act, as added by section 2 of part C-2 of chapter 109 38 of the laws of 2006, are amended to read as follows: 39 3. Property assessment list. To be eligible for the demolition and 40 deconstruction program or rehabilitation and reconstruction program 41 assistance, as established in subdivisions four and five of this 42 section, municipalities shall conduct an assessment of vacant, aban- 43 doned, surplus or condemned buildings in communities within their juris- 44 diction. Such real property may include [both] residential real proper- 45 ty, residential apartment units and commercial real properties. Such 46 properties shall be selected for the purpose of revitalizing urban 47 centers or rural areas, encouraging commercial investment [and], adding 48 value to the municipal housing stock, and increasing the amount of 49 affordable housing units available to low- and moderate-income house- 50 holds. The property assessment list shall be organized to indicate the 51 location, size, whether the building is residential or commercial and 52 whether the building will be demolished, deconstructed, rehabilitated or 53 reconstructed. Such properties shall be published in a local daily 54 newspaper for no less than three consecutive days. Additionally, theS. 8008--C 67 A. 9008--C 1 municipality shall conduct public hearings in the communities where the 2 buildings are identified. 3 4. Demolition and deconstruction program. Real property in need of 4 demolition or deconstruction on the property assessment list may receive 5 grants of up to [twenty] thirty thousand dollars per residential real 6 property. The corporation shall determine the cost of demolition and 7 deconstruction of commercial properties on a per-square foot basis and 8 establish maximum grant awards accordingly. The corporation shall also 9 consider geographic differences in the cost of demolition and decon- 10 struction in the establishment of maximum grant awards. 11 5. Rehabilitation and reconstruction program. (a) Real property in 12 need of rehabilitation or reconstruction on the property assessment list 13 may receive grants of up to one hundred fifty thousand dollars per resi- 14 dential real property. Exclusive of such grant of up to one hundred 15 fifty thousand dollars for residential real property, individual resi- 16 dential apartment units on the property assessment list may receive 17 grants of up to seventy thousand dollars per unit. Nothing contained in 18 this paragraph shall be construed to authorize grants for real property 19 and residential apartment units to be combined. 20 (b) Provided, further, that a project for the rehabilitation or recon- 21 struction of real property pursuant to this subdivision for the purpose 22 of creating affordable housing units shall be eligible to receive a 23 grant of up to one hundred fifty thousand dollars plus up to seventy 24 thousand dollars per residential apartment unit. 25 (c) The corporation shall determine the cost of rehabilitation and 26 reconstruction of commercial properties on a per-square foot basis and 27 establish maximum grant awards accordingly. The corporation shall also 28 consider geographic differences in the cost of rehabilitation and recon- 29 struction in the establishment of maximum grant awards. Provided, 30 however, to the extent possible, all such rehabilitation and recon- 31 struction program real property shall be architecturally consistent with 32 nearby and adjacent properties or in a manner consistent with a local 33 revitalization or urban development plan. Provided, further, such grant 34 may be used for site development needs including but not limited to 35 water, sewer and parking. 36 § 3. Paragraphs (b) and (d) of subdivision 6 of section 16-n of 37 section 1 of chapter 174 of the laws of 1968 constituting the New York 38 state urban development corporation act, as added by section 2 of part 39 C-2 of chapter 109 of the laws of 2006, are amended to read as follows: 40 (b) Priority in granting such assistance shall be given to properties 41 eligible under this section that have approved applications or are 42 receiving grants pursuant to other state or federal redevelopment, reme- 43 diation or planning programs including, but not limited to, to the 44 brownfield opportunity areas program adopted pursuant to section 970-r 45 of the general municipal law or [empire zone development plans pursuant46to article 18-B] an investment zone designated pursuant to paragraph (i) 47 of subdivision (a) or subdivision (d) of section 958 of the general 48 municipal law. 49 (d) A municipality that is granted an award or awards under this 50 section shall provide a matching contribution of no less than ten 51 percent of the aggregated award or awards amount. Such matching contrib- 52 ution may be in the form of a financial and/or in kind contribution. 53 Financial contributions may include grants from federal, state and local 54 entities. In kind contributions may include but shall not be limited to 55 the efforts of municipalities to conduct an inventory and assessment of 56 vacant, abandoned, surplus, condemned, and deteriorated properties andS. 8008--C 68 A. 9008--C 1 to manage and administer grants pursuant to subdivisions four and five 2 of this section. A municipality that is granted an award or awards under 3 this section shall make best efforts to ensure that minority-owned and 4 women-owned business enterprises certified pursuant to article fifteen-A 5 of the executive law are given the opportunity for maximum feasible 6 participation in any municipal contracting opportunities. 7 § 4. This act shall take effect immediately. 8 PART III 9 Section 1. Subsection (a) of section 206 of the financial services law 10 is amended to read as follows: 11 (a) For each fiscal year commencing on or after April first, two thou- 12 sand twelve, assessments to defray operating expenses, including all 13 direct and indirect costs, of the department, except expenses incurred 14 in the liquidation of banking organizations, shall be assessed by the 15 superintendent in accordance with this subsection. Persons regulated 16 under the insurance law shall be assessed by the superintendent for the 17 operating expenses of the department that are solely attributable to 18 regulating persons under the insurance law, which shall include any 19 expenses that were permissible to be assessed in fiscal year two thou- 20 sand nine-two thousand ten, with the assessments allocated pro rata upon 21 all domestic insurers and all licensed United States branches of alien 22 insurers domiciled in this state within the meaning of paragraph four of 23 subsection (b) of section seven thousand four hundred eight of the 24 insurance law, in proportion to the gross direct premiums and other 25 considerations, written or received by them in this state during the 26 calendar year ending December thirty-first immediately preceding the end 27 of the fiscal year for which the assessment is made (less return premi- 28 ums and considerations thereon) for policies or contracts of insurance 29 covering property or risks resident or located in this state the issu- 30 ance of which policies or contracts requires a license from the super- 31 intendent. Persons regulated under the banking law shall be assessed by 32 the superintendent for the operating expenses of the department that are 33 solely attributable to regulating persons under the banking law in such 34 proportions as the superintendent shall deem just and reasonable. 35 Persons regulated under this chapter that engage in "virtual currency 36 business activity," as that term is defined by the department, shall be 37 assessed by the superintendent for the operating expenses of the depart- 38 ment that are solely attributable to regulating such persons in such 39 proportions as the superintendent shall deem just and reasonable. Oper- 40 ating expenses of the department not covered by the assessments set 41 forth above shall be assessed by the superintendent in such proportions 42 as the superintendent shall deem just and reasonable upon all domestic 43 insurers and all licensed United States branches of alien insurers domi- 44 ciled in this state within the meaning of paragraph four of subsection 45 (b) of section seven thousand four hundred eight of the insurance law, 46 and upon any regulated person under the banking law, other than mortgage 47 loan originators, and upon persons regulated under this chapter that 48 engage in virtual currency business activity, except as otherwise 49 provided by sections one hundred fifty-one and two hundred twenty-eight 50 of the workers' compensation law and by section sixty of the volunteer 51 firefighters' benefit law. The provisions of this subsection shall not 52 be applicable to a bank holding company, as that term is defined in 53 article three-A of the banking law. Persons regulated under the banking 54 law will not be assessed for expenses that the superintendent deems toS. 8008--C 69 A. 9008--C 1 benefit solely persons regulated under the insurance law or under this 2 chapter that engage in virtual currency business activity, and persons 3 regulated under the insurance law will not be assessed for expenses that 4 the superintendent deems to benefit solely persons regulated under the 5 banking law or under this chapter that engage in virtual currency busi- 6 ness activity. Persons regulated under this chapter that engage in 7 virtual currency business activity will not be assessed for expenses 8 that the superintendent deems to benefit solely persons regulated under 9 the insurance law or under the banking law. 10 § 2. Section 206 of the financial services law is amended by adding a 11 new subsection (d-1) to read as follows: 12 (d-1) The expenses of every examination of the affairs of any person 13 regulated pursuant to this chapter that engages in virtual currency 14 business activity shall be borne and paid by the regulated person so 15 examined, but the superintendent, with the approval of the comptroller, 16 may in the superintendent's discretion for good cause shown remit such 17 charges. 18 § 3. This act shall take effect on the sixtieth day after it shall 19 have become a law. Effective immediately, the addition, amendment and/or 20 repeal of any rule or regulation necessary for the implementation of 21 this act on its effective date are authorized to be made on or before 22 such date. 23 PART JJJ 24 Section 1. The tax law is amended by adding a new section 180 to read 25 as follows: 26 § 180. Independent analysis. 1. The department shall contract with an 27 economic impact firm for the provision of an independent, comprehensive, 28 analysis of each tax credit, tax deduction, and tax incentive estab- 29 lished in this chapter or any other chapter of the law which relates to 30 increasing economic development including, but not necessarily limited 31 to, increasing employment, developing the state's workforce, and 32 increasing business activity. Such analysis shall include the relevant 33 programs run at the state agency level, including relevant programs 34 administered by executive agencies, authorities, commissions, and other 35 government run entities, and shall not include an analysis of individual 36 private entities or individual taxpayers. Such analysis shall include, 37 but need not be limited to, a complete and thorough evaluation of the 38 return on investment for each tax credit, tax deduction, and tax incen- 39 tive, the economic impact of each relevant program, including direct and 40 indirect benefits, including the creation of temporary project hires, 41 the fiscal impact of each relevant program, including revenues received 42 and forgone by municipalities and New York state, as applicable. For the 43 purposes of this section, "return on investment" shall mean: (a) total 44 job creation, including temporary project hires resulting from each 45 project supported by each relevant program, and retained jobs; (b) 46 whether the expenditures by the state on each tax credit, tax deduction 47 or tax incentive result in an increase or decrease in tax revenues for 48 New York state municipalities, and New York state; (c) other estimated 49 quantifiable economic benefits, including but not necessarily limited to 50 personal income; indirect, induced, long term, and temporary job 51 creation; and private investment for each tax credit, tax deduction and 52 tax incentive; (d) whether similar job creation or private investment 53 would have occurred without the existence of a state tax incentive; and 54 (e) other qualitative economic benefits that improve the economy, andS. 8008--C 70 A. 9008--C 1 provide opportunities for advancement for New York residents, including: 2 (i) global media exposure; (ii) increased tourism attraction and posi- 3 tioning of New York as a destination, providing quality of life amen- 4 ities to assist with community development, placemaking, positioning 5 communities for add-on private sector investment, making New York 6 competitive on the basis of cost and other attraction amenities; and 7 (iii) contributing to the positive perception of the state and its 8 regions to assist with business attraction and creating economic oppor- 9 tunity for New Yorkers. 10 2. Prior to the analysis pursuant to subdivision one of this section, 11 the economic impact firm that the department contracts with may solicit 12 input from leaders in the business community, organized labor and 13 economic development stakeholders, including, but not necessarily limit- 14 ed to representatives from nonprofits, academic institutions, and lead- 15 ing New York state community development experts. 16 3. Such analysis shall be completed and submitted to the department no 17 later than January first, two thousand twenty-four and shall be posted 18 publicly on the department's website within thirty days of submission to 19 the department. The analysis shall also be submitted to the governor, 20 the temporary president of the senate, the speaker of the assembly, and 21 the chair of the senate finance committee and the chair of the assembly 22 ways and means committee. 23 4. The economic impact firm providing the department's comprehensive 24 analysis shall adhere to the requirements in this subdivision. Notwith- 25 standing this subdivision, the department may contract with a firm upon 26 a written determination by the commissioner which shall detail that such 27 firm was awarded such contract on the basis that no firm meets the 28 requirements set forth in this subdivision. 29 (a) Such economic impact firm shall be prohibited from providing anal- 30 ysis services to the department if the analysis partner having primary 31 responsibility for the analysis, or the analysis partner responsible for 32 reviewing the analysis, has performed analysis services for the depart- 33 ment in the past three fiscal years. 34 (b) Such economic impact firm shall be prohibited from performing any 35 non-analysis services to the department contemporaneously with the anal- 36 ysis, including: (i) bookkeeping or other services related to the 37 accounting records or financial statements of such department; (ii) 38 financial information systems design and implementation; (iii) appraisal 39 or valuation services, fairness opinions, or contribution-in-kind 40 reports; (iv) actuarial services; (v) internal analysis outsourcing 41 services; (vi) management functions or human services; (vii) broker or 42 dealer, investment advisor, or investment banking services; and (viii) 43 legal services and expert services unrelated to the analysis. 44 (c) Such economic impact firm shall be prohibited from providing anal- 45 ysis services to the department if an employee assigned to the analysis 46 has performed analysis services for the department or has been employed 47 by the department in the past three fiscal years. 48 § 2. This act shall take effect immediately. 49 PART KKK 50 Section 1. Section 54-1523 of the environmental conservation law, as 51 added by section 5 of part U of chapter 58 of the laws of 2016, para- 52 graphs f and g of subdivision 1 as amended and paragraph h of subdivi- 53 sion 1 as added by chapter 106 of the laws of 2019, is amended to read 54 as follows:S. 8008--C 71 A. 9008--C 1 § 54-1523. Climate adaptation and mitigation projects. 2 1. The commissioner is authorized to provide on a competitive basis, 3 within amounts appropriated, state assistance payments to a municipality 4 toward the cost of any climate adaptation or mitigation projects. Such 5 projects shall include: 6 a. the construction of natural resiliency measures, conservation or 7 restoration of riparian areas and tidal marsh migration areas; 8 b. nature-based solutions such as wetland protections to address phys- 9 ical climate risk due to sea level rise, and/or storm surges and/or 10 flooding, based on available data predicting the likelihood of future 11 extreme weather events, including hazard risk analysis data if applica- 12 ble; 13 c. relocation or retrofit of facilities to address physical climate 14 risk due to sea level rise, and/or storm surges and/or flooding based on 15 available data predicting the likelihood of future extreme weather 16 events, including hazard risk analysis data if applicable; 17 d. flood risk reduction; 18 e. greenhouse gas emission reductions outside the power sector; 19 f. enabling communities to become certified under the climate smart 20 communities program, including by developing natural resources invento- 21 ries, right sizing of municipal fleets and developing climate adaptation 22 strategies; 23 g. climate change adaptation planning and supporting studies, includ- 24 ing but not limited to vulnerability assessment and risk analysis of 25 municipal drinking water, wastewater, and transportation infrastructure; 26 [and] 27 h. to establish and implement easily-replicated renewable energy 28 projects, including solar arrays, heat pumps and wind turbines in public 29 low-income housing in suburban, urban and rural areas; and 30 i. land acquisition, including but not limited to flood mitigation and 31 coastal riparian resiliency; provided, however, no monies shall be 32 expended for acquisition by eminent domain. 33 2. To the fullest extent practicable, it is the policy of the state to 34 promote an equitable regional distribution of climate adaptation and 35 mitigation projects, consistent with the purpose of this title, taking 36 into account regional differences in climate change risks, socioeconomic 37 conditions and ecological resources. 38 [3. No monies shall be expended for land acquisition.] 39 § 2. The environmental conservation law is amended by adding a new 40 section 54-1525 to read as follows: 41 § 54-1525. Restriction on alienation. 42 Real property acquired, developed, improved, restored or rehabilitated 43 by a municipality pursuant to paragraph (i) of subdivision one of 44 section 54-1523 of this title with funds made available pursuant to this 45 title shall not be sold or disposed of or used for other than public 46 purposes without the express authority of an act of the legislature, 47 which shall provide for the substitution of other lands of equal envi- 48 ronmental and fair market value and reasonably equivalent usefulness and 49 location to those to be discontinued, sold or disposed of, and such 50 other requirements as shall be approved by the commissioner. 51 § 3. Subdivision 6 of section 15-3303 of the environmental conserva- 52 tion law, as added by section 2 of part T of chapter 57 of the laws of 53 2017, is amended to read as follows: 54 6. Real property acquired, developed, improved, restored or rehabili- 55 tated by or through a municipality, county soil and water conservation 56 district or not-for-profit corporation with funds made available pursu-S. 8008--C 72 A. 9008--C 1 ant to this title shall not be sold, leased, exchanged, donated or 2 otherwise disposed of or used for other than the public purposes of this 3 title without the express authority of an act of the legislature, which 4 shall provide for the substitution of other lands of equal environmental 5 value and fair market value and reasonably equivalent usefulness and 6 location to those to be discontinued, sold or disposed of, and such 7 other requirements as shall be approved by the commissioner. 8 § 4. This act shall take effect immediately. 9 PART LLL 10 Section 1. Subdivision 2-a of section 1269-b of the public authorities 11 law is amended by adding three new paragraphs (c), (d) and (e) to read 12 as follows: 13 (c) The authority shall publish data pertaining to capital programs of 14 the authority and any amendments to such programs as required by this 15 section on the authority's website in a common, machine readable format, 16 as defined by executive order number ninety-five of two thousand thir- 17 teen, "Using Technology to Promote Transparency, Improve Government 18 Performance and Enhance Citizen Engagement" or any successor order. Such 19 data shall include, but not be limited to: 20 (i) all data required by paragraph (c) of subdivision one of this 21 section, including estimates of capital budget required by element for 22 an approved capital program and expected sources of such funding for the 23 entire capital program; and 24 (ii) all data required by subdivision two of this section, including 25 proposed annual commitments for individual capital elements required. 26 (d) At a minimum, individual capital project data for projects that 27 are committed for construction shall be included in a capital program 28 dashboard maintained by the authority on its website. Any summary views 29 provided on the website shall include the original budgets at the time 30 of project commitment when scope and budget are defined, project scopes, 31 and schedules, in addition to current or amended budgets, project 32 scopes, and schedules. Data pertaining to individual projects shall 33 include, but not be limited to: 34 (i) the capital project identification number delineated by agency, 35 category, element and project as used in the capital program; 36 (ii) the capital plan years; 37 (iii) the agency or authority undertaking the project; 38 (iv) a project description; 39 (v) the project location where appropriate; 40 (vi) the capital needs code of the project, such as state of good 41 repair, normal replacement, system improvement, system expansion or 42 other category; 43 (vii) budget information including the original budget at the time of 44 project commitment when scope and budget are defined, all amendments, 45 the current budget and planned annual allocations; and 46 (viii) a schedule for project delivery including original, amended and 47 current start and completion dates as projects develop at each phase. 48 The status of projects shall be provided and state the current phase 49 of the project, such as planning, design, construction or completion, 50 and shall state how far the project has progressed as measured in 51 percentage by expenditure. The dashboard shall measure progress based on 52 original budgets at the time of project commitment when scope and budget 53 are defined. At a minimum, all changes to planned budgets of greater 54 than ten percent, significant project scope or a three month or moreS. 8008--C 73 A. 9008--C 1 change in schedule shall be provided in narrative form and describe the 2 reason for each change or amendment. The dashboard shall include a glos- 3 sary or data dictionary which contains plain language descriptions of 4 the data and information provided on the dashboard. The dashboard shall 5 be updated, at a minimum, on a quarterly basis, and all data fields 6 available on the dashboard shall be made available for download on the 7 authority's website in a single tabular data file in a common, machine 8 readable format. Capital dashboard data shall also be made available on 9 the data.ny.gov website or such other successor website maintained by, 10 or on behalf of, the state, as deemed appropriate by the New York state 11 office of information technology services under executive order number 12 ninety-five of two thousand thirteen, or any successor agency or order. 13 (e) The data required to be published pursuant to this subdivision 14 shall be made in a single tabular data file in a common, machine read- 15 able format and shall be accessible on the authority's website and the 16 website data.ny.gov or such other successor website maintained by, or on 17 behalf of, the state, as deemed appropriate by the New York state office 18 of information technology services under executive order number ninety- 19 five of two thousand thirteen, or any successor agency or order. 20 § 2. This act shall take effect on the one hundred eightieth day after 21 it shall have become a law. 22 PART MMM 23 Section 1. Short title. This act shall be known and may be cited as 24 the "working to implement reliable and equitable deployment of broadband 25 act (WIRED broadband act)". 26 § 2. Section 1 of chapter 174 of the laws of 1968, constituting the 27 New York state urban development corporation act, is amended by adding a 28 new section 16-gg to read as follows: 29 § 16-gg. Division of Broadband Access. 1. Statement of Legislative 30 findings and purpose. The legislature hereby finds and declares that: 31 access to high-speed, reliable, and affordable broadband is essential 32 for education, economic growth, and full participation in civic life; 33 the persistence of the digital divide is a key barrier to improving the 34 general welfare; the digital divide disproportionately affects communi- 35 ties of color, lower-income areas, rural areas, and other vulnerable 36 populations, and the benefits of broadband access should be available to 37 all; a robust and competitive internet marketplace in New York supports 38 general economic development and benefits New Yorkers with improved 39 internet service and affordability; the state has a responsibility to 40 assist in ending the digital divide, supporting a more robust and 41 competitive internet marketplace, and carrying out other actions to 42 ensure universal access to high-speed, reliable, and affordable broad- 43 band. 44 2. Definitions. The following definitions shall apply throughout this 45 section unless the context clearly requires otherwise: 46 (a) "Advisory committee" or "committee" shall mean the broadband 47 development advisory committee created by this section. 48 (b) "Broadband", "broadband service", or "broadband internet" means a 49 mass-market retail service by wire or radio that provides the capability 50 to transmit data to and receive data from all or substantially all 51 internet endpoints, including any capabilities that are incidental to 52 and enable the operation of the communications service, but excluding 53 dial-up internet access service.S. 8008--C 74 A. 9008--C 1 (c) "Commissioner" shall mean the commissioner of economic develop- 2 ment. 3 (d) "Director" shall mean the director of the division of broadband 4 access. 5 (e) "Division" means the division of broadband access created by this 6 section. 7 (f) "Unserved location" means a broadband-serviceable location, as 8 determined by the division, that has no access to broadband service or 9 lacks access to reliable broadband service at 25 megabits per second for 10 downloads and 3 megabits per second upload speed. 11 (g) "Underserved location" means a broadband-serviceable location, as 12 determined by the division, that only has access to broadband service of 13 at least 25 megabits per second but less than 100 megabits per second 14 download speed and at least 3 megabits per second but less than 20 mega- 15 bits per second upload speed. 16 (h) Should the division determine that the definitions under para- 17 graphs (f) and (g) of this subdivision concerning download and upload 18 speeds be outdated as a result of advancements in broadband technolog- 19 ical capabilities or standards, such download and upload speeds estab- 20 lished under this section shall be superseded by guidelines, rules, or 21 regulations established by the division; provided that the download and 22 upload speeds included in the definitions shall not be reduced. 23 3. Division of broadband access; director; employees. There is hereby 24 created within the department of economic development a division of 25 broadband access. The head of such office shall hold the title of direc- 26 tor and be appointed by the commissioner, and shall hold office at the 27 pleasure of the commissioner. 28 4. Powers and duties of the division of broadband development. The 29 division shall have the power to: 30 (a) Coordinate the activities of all state agencies performing func- 31 tions affecting access to high-speed, reliable, and affordable broad- 32 band. 33 (b) Conduct research and analyses of matters affecting access to high- 34 speed, reliable, and affordable broadband. 35 (c) Advise and make recommendations to the commissioner on matters 36 affecting access to high-speed, reliable, and affordable broadband. 37 (d) Provide advisory assistance to municipalities, state and local 38 authorities, and other entities to expand access to high-speed, reli- 39 able, and affordable broadband. 40 (e) Establish and implement programs, including grant programs, to 41 expand access to high-speed, reliable, and affordable broadband, includ- 42 ing but not limited to: programs to improve broadband access at unserved 43 and underserved locations; programs to deploy broadband infrastructure 44 owned or managed by municipalities, state and local authorities, enti- 45 ties established pursuant to section 99-y of the general municipal law, 46 or not-for-profit entities; programs to deploy innovative broadband 47 technologies and means to improve broadband access; including in low-in- 48 come areas; programs to improve digital equity, digital inclusion, and 49 digital literacy. 50 (f) Take additional actions the division deems necessary to expand 51 access to high-speed, reliable, and affordable broadband. 52 5. Rules and regulations. The commissioner may adopt any necessary 53 rules, regulations, or guidelines to effectuate the purposes of the 54 division. Notwithstanding any conflicting provision of this article, 55 the commissioner may adopt any necessary rules, regulations, or guide- 56 lines for state participation in federal broadband programs consistentS. 8008--C 75 A. 9008--C 1 with the requirements set forth under the Infrastructure Investment and 2 Jobs Act, American Rescue Plan Act, Digital Equity Act, or any other 3 federal program determined as directly relevant to increasing access to 4 high-speed, reliable, and affordable broadband by the commissioner. 5 6. Broadband access advisory committee. (a) There is hereby created in 6 the division of broadband access a broadband development advisory 7 committee. The committee shall consist of 16 members, four of which are 8 to be appointed by the governor, one of which is to be appointed by the 9 speaker of the assembly, and one of which is to be appointed by the 10 temporary president of the senate. The commissioners, or designees ther- 11 eof, of the department of public service, department of labor, depart- 12 ment of transportation, office of general services, department of 13 economic development, department of homeland security and emergency 14 services, division of housing and community renewal, and education 15 department, the president of the New York power authority, and the 16 director of the division of the budget shall serve as ex-officio 17 members. The governor shall designate a chairperson from the members of 18 the advisory committee, to serve as such at the pleasure of the gover- 19 nor. In appointing the members of the advisory committee the governor 20 shall ensure that at least one member is an individual representing a 21 telecommunications union, at least one member is an individual with 22 substantial expertise in tribal affairs, and two of the members are 23 individuals who have substantial expertise in telecommunications policy, 24 broadband development, grant-making, or internet regulation, of which 25 one shall have expertise on service providers with over 100,000 26 subscribers in New York state and one shall have expertise on service 27 providers with less than 100,000 subscribers in New York state. 28 (b) All members of the advisory committee, other than the ex-officio 29 members, shall serve for terms of three years, such term shall commence 30 on the first day the committee is convened. Any vacancies occurring 31 otherwise than by expiration of term shall be filled in the same manner 32 as original appointments for the balance of the unexpired term. 33 (c) The advisory committee shall meet at least twice in each calendar 34 year. Special meetings may be called by its chairperson and shall be 35 called by the chairperson at the request of the director of the division 36 of broadband access. 37 (d) No member of the advisory committee shall be disqualified from 38 holding any other public office, nor forfeit any such office by reason 39 of appointment hereunder, notwithstanding the provisions of any general, 40 special or local law, ordinance or city charter, provided however that 41 members appointed by the governor, speaker of the assembly, or temporary 42 president of the senate shall be considered state officers and subject 43 to the provisions of paragraph (a) of subdivision 8 of section 73 of the 44 public officers law. 45 (e) The members of the advisory committee shall receive no compen- 46 sation for their services but shall be allowed their actual and neces- 47 sary expenses incurred in the performance of their duties hereunder. 48 (f) The committee shall: 49 (i) advise the director in carrying out the functions, powers and 50 duties of the division, as set forth in this article. 51 (ii) advise the director, the governor, and the legislature concerning 52 policy changes necessary to promote expansion and development of access 53 to high-speed, reliable, and affordable broadband. 54 (iii) advise the director, the governor, and the legislature concern- 55 ing existing policies of state agencies which may be counter-productiveS. 8008--C 76 A. 9008--C 1 or inimical to promote expansion and deployment of high-speed, reliable, 2 and affordable broadband. 3 (iv) advise the director, the governor, and the legislature concerning 4 the development of inter-governmental cooperation among agencies of the 5 federal, state, and local governments and cooperation between private 6 industry and government so as to promote expansion, deployment and 7 continued provision of high-speed, reliable, and affordable broadband. 8 (v) advise the director, the governor, and the legislature on issues 9 related to fostering consumer choice, increasing competition in the 10 broadband industry, and promoting open-access infrastructure. 11 (vi) advise the director, in consultation with the division of broad- 12 band access, on potential guidelines or regulations for implementation 13 of broadband-related programs. 14 (vii) advise the director, the governor, and the legislature on poli- 15 cies related to the deployment of wireless and cellular services, 16 including deployment of small cell networks for access to 5G services. 17 (viii) advise the director on policies to reduce regulatory obstacles 18 and streamline regulations to promote access to high-speed, reliable, 19 and affordable broadband. 20 (ix) advise the director on policies to maximize access to high-speed, 21 reliable, and affordable broadband in affordable housing projects. 22 (x) advise the director on policies relevant to ensuring that senior 23 citizens have access to high-speed, reliable, and affordable broadband. 24 (xi) make periodic recommendations as to updates to the broadband 25 report required by the Comprehensive Broadband Connectivity Act. 26 7. ConnectAll deployment program. The ConnectAll deployment program is 27 hereby established to provide grant funding to construct infrastructure 28 necessary to provide broadband services to unserved and underserved 29 locations in the state. Grants issued pursuant to this program shall 30 facilitate projects that, at a minimum, provide reliable internet 31 service with consistent speeds of at least 100 megabits per second for 32 download and at least 20 megabits per second for upload, unless this 33 requirement is waived for a specific project or location and a different 34 speed level is approved by the division, but under no circumstances less 35 than 25 megabits per second download and 3 megabits per second upload; 36 provided further that applicants for grant funding under this section 37 may include incorporated organizations, Native American tribes or tribal 38 organizations, local units of government, or a group of any of the above 39 entities; provided further that an applicant for grant funding under 40 this section shall demonstrate suitable fiscal, technical, operational, 41 and management capabilities as determined by the division; provided 42 further that an applicant for grant funding under this section shall 43 provide certifications as to compliance with relevant safety standards 44 as determined by the division, including the National Electrical Safety 45 Code; provided further that an applicant for grant funding under this 46 section shall provide certifications as to compliance with relevant 47 workplace protections as determined by the division including the Occu- 48 pational Safety and Health Act, the Fair Labor Standards Act, Title VII 49 of the Civil Rights Act of 1964, and New York State labor and employment 50 laws; provided further that an applicant for grant funding under this 51 section shall submit to the division a workforce plan in a format deter- 52 mined by the division which, to the extent practicable, shall include: 53 (a) information relating to whether the construction workforce will be 54 directly employed or subcontracted; (b) the anticipated size of the 55 workforce required to carry out the proposed work; (c) a description of 56 plans to maximize use of local or regional workforce; and (d) aS. 8008--C 77 A. 9008--C 1 description of the expected workforce safety standards and training to 2 ensure the project is completed at a high standard. The division shall 3 establish the procedures to solicit, receive and evaluate applications 4 for the program consistent with rules, regulations, or guidelines estab- 5 lished by the commissioner; provided that preference shall be given to 6 applications that: (a) are capable of delivering speeds of 1 gigabit per 7 second download and 1 gigabit per second upload to the end user; (b) 8 provide service to locations in unserved areas as determined by the 9 division; (c) commit not to impose caps on data usage on the service 10 provided to the end-user or to block, throttle, or prioritize internet 11 content in the general course of business; and (d) have and commit to 12 maintaining high standards of workplace safety practices, training, 13 certification or licensure for all relevant workers, and compliance with 14 state and federal workplace protections. 15 8. ConnectAll municipal assistance program. The ConnectAll municipal 16 assistance program is hereby established to provide grant funding to 17 municipalities, state and local authorities, and entities established 18 pursuant to section 99-y of the general municipal law to plan and 19 construct infrastructure necessary to provide broadband services, 20 support the adoption of broadband services, or other purposes for maxi- 21 mizing the effectiveness of municipal broadband programs as determined 22 by the division. For the purposes of broadband infrastructure, such 23 grants issued pursuant to this program shall facilitate projects that, 24 at a minimum, provide reliable internet service with consistent speeds 25 of at least 100 megabits per second for download and at least 20 mega- 26 bits per second for upload, unless this requirement is waived for a 27 specific project or location and a different speed level is approved by 28 the division, but under no circumstances less than 25 megabits per 29 second download and 3 megabits per second upload; provided further that 30 an applicant for grant funding under this section shall demonstrate 31 suitable fiscal, technical, operational, and management capabilities as 32 determined by the division; provided further that an applicant for grant 33 funding under this section shall provide certifications as to compliance 34 with relevant safety standards as determined by the division, including 35 the National Electrical Safety Code; provided further that an applicant 36 for grant funding under this section shall provide certifications as to 37 compliance with relevant workplace protections as determined by the 38 division including the Occupational Safety and Health Act, the Fair 39 Labor Standards Act, Title VII of the Civil Rights Act of 1964, and New 40 York state labor and employment laws; provided further that an applicant 41 for grant funding under this section shall submit to the division a 42 workforce plan in a format determined by the division which, to the 43 extent practicable, shall include: (a) information relating to whether 44 the construction workforce will be directly employed or subcontracted; 45 (b) the anticipated size of the workforce required to carry out the 46 proposed work; (c) a description of plans to maximize use of local or 47 regional workforce; and (d) a description of the expected workforce 48 safety standards and training to ensure the project is completed at a 49 high standard. The division shall establish the procedures to solicit, 50 receive and evaluate proposals for the program consistent with, rules, 51 regulations, or guidelines established by the commissioner; provided 52 that preference shall be given to applications that: (a) are capable of 53 delivering speeds of 1 gigabit per second download and 1 gigabit per 54 second upload to the end user; (b) provide service to locations in 55 unserved areas as determined by the division; (c) commit not to impose 56 caps on data usage on the service provided to the end-user or to block,S. 8008--C 78 A. 9008--C 1 throttle, or prioritize internet content in the general course of busi- 2 ness; and (d) have and commit to maintaining high standards of workplace 3 safety practices, training, certification or licensure for all relevant 4 workers, and compliance with state and federal workplace protections. 5 9. ConnectAll innovation grant program. The ConnectAll innovation 6 grant program is hereby established to develop, pilot, and deploy inno- 7 vative models and technologies for the delivery of broadband services. 8 Grants issued pursuant to this program shall: (a) benefit the develop- 9 ment of innovative and new broadband solutions and technologies; (b) 10 deploy innovative broadband technology to rural, low-income, or other 11 areas that would be unlikely to otherwise see such deployment; (c) 12 promote critical private sector investment in such technologies; (d) 13 provide seed funding for the development of such technologies and 14 products; or (e) foster collaboration between the academic research 15 community and the business sector for such purposes. The division shall 16 establish the procedures to solicit, receive and evaluate proposals for 17 the program consistent with rules, regulations, or guidelines estab- 18 lished by the commissioner. 19 10. ConnectAll digital equity grant program. The ConnectAll digital 20 equity grant program is hereby established to support individuals to 21 have the information technology capacity needed for full participation 22 in society and the economy, including the effective implementation of a 23 State Digital Equity Plan or any successor plan. Grants issued pursuant 24 to this program shall be awarded in a manner and form as determined by 25 the division consistent with all relevant federal laws, codes, rules, 26 and regulations associated with the federal Digital Equity Act as estab- 27 lished under the Infrastructure Investment and Jobs Act. The division 28 shall establish such State Digital Equity Plan and the procedures to 29 solicit, receive and evaluate proposals for the program consistent with 30 rules, regulations, or guidelines established by the commissioner. 31 11. Assistance of other agencies. To effectuate the purposes of this 32 article, the director may request from any department, division, board, 33 bureau, commission or other agency of the state or from any public 34 corporation or district, and the same are authorized to provide, such 35 assistance, services and data as will enable the office properly to 36 carry out its functions, powers and duties hereunder. 37 12. New NY Broadband Program; transfer. All the functions and powers 38 possessed by and all the obligations and duties of the state broadband 39 program office and the New NY Broadband Program are hereby transferred 40 and assigned to and assumed by the division. 41 13. Reporting. The division shall: (a) in a form and manner prescribed 42 in accordance with the Infrastructure Investment and Jobs Act or Ameri- 43 can Rescue Plan Act, make publicly available information relevant to 44 long term plans for the use of broadband expansion funds, the mechanisms 45 by which the division will award such funds, the entities that will 46 receive such funds from the division, progress reports on the use and 47 disbursement of such funds by the division, and a comprehensive final 48 report on the activities of the division; and 49 (b) every six months, beginning twelve months after the first 50 disbursement to a grant awardee under any program established under this 51 section, until such a time that all funds associated with all programs 52 established under this section have been fully expended, submit a report 53 to the governor, the temporary president of the senate, and the speaker 54 of the assembly setting forth the activities undertaken by the program. 55 Such reports shall include, but need not be limited to, the details of 56 the grants and recipients, locations of the projects, and such otherS. 8008--C 79 A. 9008--C 1 information as the division deems necessary and appropriate, to the 2 extent that the production such reporting is not duplicative of federal 3 reporting requirements associated with broadband expansion in New York 4 state under the Infrastructure Investment and Jobs Act or American 5 Rescue Plan Act. Such reports shall be included on the department's 6 website and any other publicly accessible state database that list 7 economic development programs as determined by the director. 8 § 3. The general municipal law is amended by adding a new section 99-y 9 to read as follows: 10 § 99-y. Internet access and communications. The governing body of any 11 county, city, town or village is hereby authorized and empowered to 12 establish, construct, and maintain broadband and related telecommuni- 13 cations infrastructure, or to contract for the construction and mainte- 14 nance of such services with a corporation or nonprofit organization, and 15 for the maintenance, care, and replacement of infrastructure in 16 connection therewith, if such governing body finds that such facilities 17 are necessary. For the purposes of this section, "nonprofit organiza- 18 tion" shall mean a corporation having tax exempt status under section 19 501 (c) (3) of the United States internal revenue code, or any organiza- 20 tion incorporated under the not-for-profit corporation law. 21 § 4. The labor law is amended by adding a new section 224-e to read as 22 follows: 23 § 224-e. Wage requirements for certain broadband projects. 1. For 24 purposes of this section, a "covered broadband project" means a broad- 25 band project funded by programs established pursuant to subdivisions 26 seven and eight of section sixteen-gg of the New York state urban devel- 27 opment corporation act. 28 2. Notwithstanding the provisions of section two hundred twenty-four-a 29 of this article, a covered broadband project shall be subject to 30 prevailing wage requirements in accordance with sections two hundred 31 twenty and two hundred twenty-b of this article, provided that a covered 32 broadband project may still otherwise be considered a covered project 33 pursuant to section two hundred twenty-four-a of this article if it 34 meets the definition therein. 35 3. For purposes of this section, the "fiscal officer" shall be deemed 36 to be the commissioner. The enforcement of any covered broadband project 37 under this section shall be subject to the requirements of sections two 38 hundred twenty, two hundred twenty-a, two hundred twenty-b, two hundred 39 twenty-three, two hundred twenty-four-b of this article, and section two 40 hundred twenty-seven of this chapter and within the jurisdiction of the 41 fiscal officer; provided, however, nothing contained in this section 42 shall be deemed to construe any covered broadband project as otherwise 43 being considered public work pursuant to this article. 44 4. The fiscal officer may issue rules and regulations governing the 45 provisions of this section. Violations of this section shall be grounds 46 for determinations and orders pursuant to section two hundred twenty-b 47 of this article. 48 5. Each owner and developer subject to the requirements of this 49 section shall comply with the objectives and goals of certified minority 50 and women-owned business enterprises pursuant to article fifteen-A of 51 the executive law and certified service-disabled veteran-owned busi- 52 nesses pursuant to article seventeen-B of the executive law. The depart- 53 ment in consultation with the directors of the division of minority and 54 women's business development and of the division of service-disabled 55 veterans' business development shall make training and resources avail- 56 able to assist minority and women-owned business enterprises andS. 8008--C 80 A. 9008--C 1 service-disabled veteran-owned business enterprises undertaking covered 2 broadband projects to achieve and maintain compliance with prevailing 3 wage requirements. The department shall make such training and 4 resources available online and shall afford minority and women-owned 5 business enterprises and service-disabled veteran-owned business enter- 6 prises an opportunity to submit comments on such training. 7 6. (a) The fiscal officer shall report to the governor, the temporary 8 president of the senate, and the speaker of the assembly by July first, 9 two thousand twenty-three and annually thereafter, on the participation 10 of minority and women-owned business enterprises undertaking covered 11 broadband projects subject to the provisions of this section as well as 12 the diversity practices of contractors and subcontractors employing 13 workers on such projects. 14 (b) Such reports shall include aggregated data on the utilization and 15 participation of minority and women-owned business enterprises, the 16 employment of minorities and women in construction-related jobs on such 17 projects, and the commitment of contractors and subcontractors on such 18 projects to adopting practices and policies that promote diversity with- 19 in the workforce. The reports shall also examine the compliance of 20 contractors and subcontractors with other equal employment opportunity 21 requirements and anti-discrimination laws, in addition to any other 22 employment practices deemed pertinent by the commissioner. 23 (c) The fiscal officer may require any owner or developer to disclose 24 information on the participation of minority and women-owned business 25 enterprises and the diversity practices of contractors and subcontrac- 26 tors involved in the performance of any covered broadband project. It 27 shall be the duty of the fiscal officer to consult and to share such 28 information in order to effectuate the requirements of this section. 29 § 5. This act shall take effect immediately. 30 PART NNN 31 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 32 the New York state urban development corporation act, is amended by 33 adding a new section 58 to read as follows: 34 § 58. Reporting. 1. Definitions. For the purposes of this section, the 35 following terms shall have the following meanings: 36 (a) "Economic development benefits" shall mean: 37 (i) available state funds including, but not limited to, state grants, 38 loans, loan guarantees, loan interest subsidies, and subsidies; and 39 (ii) tax credits, tax exemptions, reduced tax rates or other tax 40 incentives which are applied for and preapproved or certified by a state 41 agency. 42 (a-1) "Empire state economic development benefits" shall mean those 43 economic development benefits made available to the urban development 44 corporation or the department of economic development to award such 45 benefits to qualified recipients. 46 (a-2) "Additional state benefits for empire state development 47 projects" shall mean those benefits provided by other state agencies for 48 the same project receiving empire state economic development benefits. 49 (a-3) "Other state agency economic development benefits" shall mean 50 those economic development benefits made available to a state agency to 51 award such benefits to qualified recipients for economic development 52 projects, provided such information regarding such awards is required to 53 be submitted to the urban development corporation or the department of 54 economic development per subdivision 6 of this section.S. 8008--C 81 A. 9008--C 1 (a-4) "Aggregate economic development benefits" shall mean those bene- 2 fits provided for in paragraphs (a-1), (a-2) and (a-3) of this subdivi- 3 sion and displayed separately in the database created pursuant to subdi- 4 vision 2 of this section. 5 (b) "Qualified participant" shall mean an individual, business, limit- 6 ed liability corporation or any other entity that has applied for and 7 received benefits as defined in paragraphs (a-1) through (a-4) of this 8 subdivision. 9 (c) "State agency" shall mean any state department, board, bureau, 10 division, commission, committee, state authority, public corporation, 11 council, office or other state governmental entity performing a govern- 12 mental or proprietary function for the state, as well as entities 13 created by any of the preceding or that are governed by a board of 14 directors or similar body with a majority of members designated by one 15 or more state officials; 16 (d) "Full-time equivalent" shall mean a unit of measure which is equal 17 to one filled, full-time, annual-salaried position. 18 (e) "Project hires" shall mean a job in which an individual is hired 19 for a season or for a limited period of time. 20 (f) "Part-time job" shall mean a job in which an individual is 21 employed by a qualified participant for less than thirty-five hours a 22 week. 23 2. Notwithstanding any laws to the contrary, the corporation, in coop- 24 eration with the department of economic development, shall create a 25 searchable database, or modify an existing one, displaying empire state 26 economic development benefits that a qualified participant has been 27 awarded. Such database shall also display additional state agency bene- 28 fits that a qualified participant has been awarded in connection with an 29 empire state development project such qualified participant has 30 received. Such database shall also display other state agency economic 31 development benefits that a qualified participant has been awarded, to 32 the extent that such data has been made available to and is received by 33 the corporation in the form and manner prescribed by the corporation. 34 3. Data related to paragraphs (a-2) and (a-3) of subdivision 1 of this 35 section shall be analyzed for quality and accuracy by the agency or 36 authority providing such funding to qualified recipients and managing 37 the contracts related thereto. Upon submission of such other state agen- 38 cy economic development benefit data to the corporation for inclusion in 39 the database, all awarding agencies and authorities shall certify to the 40 corporation that each field of project data accurately summarizes 41 economic development project investments made by the other agency or 42 authority. Such searchable database shall include, at a minimum, the 43 following features and functionality to the extent practicable: 44 (a) the ability to search the database by each of the reported infor- 45 mation fields; 46 (b) the ability to be searchable, downloadable, and updated quarterly, 47 and posted on a New York state maintained website as well as referenced 48 on the empire state development website, with a direct link to the data- 49 base; 50 (c) for projects started on or after January 1, 2018, the following 51 information shall be included: 52 (i) a qualified participant's name and project, project location, the 53 project's complete address, including the postal code in a separate and 54 searchable field, and the economic region of the state; 55 (ii) the time span over which a qualified participant is to receive or 56 has received aggregate economic development benefits;S. 8008--C 82 A. 9008--C 1 (iii) the type of such aggregate economic development benefits 2 provided to a qualified participant, including the name of the program 3 or programs through which aggregate economic development benefits are 4 provided, and details as to whether such programs are grants or tax 5 credit programs as a separate and searchable field. Such data shall be 6 provided for other state agency benefits, to the extent practicable, and 7 such requirement shall be applied to contracts initiated six months 8 after the effective date of this section; 9 (iv) the total number of employees at all sites utilizing such aggre- 10 gate economic development benefits at the time of the agreement, includ- 11 ing the number of full-time equivalents, provided that any project hires 12 or part-time jobs converted to full-time equivalents shall be displayed 13 in separate fields and denoted as such, to the extent practicable, and 14 such requirements shall be applied to contracts initiated six months 15 after the effective date of this section; 16 (v) for any aggregate economic development benefit that provides for 17 job retention or job creation that a qualified participant is receiving, 18 the total job creation commitments, job retention commitments, job 19 creation actual number, and the job retention actual number, displayed 20 in terms of full-time equivalents and part-time jobs, shall each be 21 displayed as separate and searchable fields; 22 (vi) the amount of aggregate economic development benefits received by 23 a qualified participant to date; 24 (vii) for all projects associated with utilization goals related to 25 minority and women-owned businesses, per article 15-A of the executive 26 law, such goals and progress towards such goals shall be included to the 27 extent practicable, and such requirement shall be applied to contracts 28 initiated twelve months after the effective date of this section; 29 (viii) the total public-private investment made to the project, total 30 state funding received by a project, and project status; 31 (ix) details related to individual project compliance indicating 32 whether, during the current reporting quarter, the corporation or other 33 entity managing the award has reduced, cancelled, or recaptured aggre- 34 gate economic development benefits from a qualified participant, and, if 35 so, the total amount of the reduction, cancellation, or recapture. Sepa- 36 rately, a notation of penalties assessed shall be displayed in a sepa- 37 rate and searchable field, as well as the reasons therefor in another 38 separate and searchable field; 39 (x) the ability to digitally select defined individual fields corre- 40 sponding to any of the reported information from qualified participants 41 to create unique database views; 42 (xi) the ability to download the database in its entirety, or in part, 43 in a common machine readable format; 44 (xii) a definition or description of terms for fields in the database; 45 (xiii) a summary of each aggregate economic development benefit 46 awarded to qualified participants; 47 (xiv) a user-friendly guide to outline the features and functionality 48 of the database; and 49 (xv) a dedicated email account for the public to direct questions 50 related to the database. 51 4. Upon request the corporation shall provide, or direct to a source 52 providing, in an electronically accessible and downloadable form, any 53 contracts or award agreements for projects included in paragraphs (a-1), 54 (a-2), or (a-3) of subdivision 1 of this section, to the extent such 55 contracts or award agreements are available to the public pursuant to 56 article 6 of the public officers law. Provided however that onlyS. 8008--C 83 A. 9008--C 1 contract documents and award agreements related to projects defined in 2 paragraph (a-1) of subdivision 1 of this section shall be shared by the 3 corporation, and all contract documents and award agreements related to 4 projects defined in paragraphs (a-2) and (a-3) of subdivision 1 of this 5 section shall be shared, upon request, by the agency or authority hold- 6 ing and managing such contract; 7 5. The corporation may request any data from qualified participants 8 which is necessary and required in developing, updating, and maintaining 9 the searchable database. Such qualified participants shall provide any 10 such information requested by the corporation. 11 6. The corporation shall prescribe the form and manner in which a 12 state agency or authority awarding other state agency economic develop- 13 ment benefits shall submit information and data regarding other state 14 agency benefits as required for developing, updating, and maintaining 15 the database and publish guidelines as needed to facilitate receipt of 16 such data to comply with the provisions of this section, including the 17 submission provisions included in subdivision 3 of this section. The 18 corporation, to the extent practicable, shall note on the database where 19 a state agency or authority failed to submit the required data. 20 § 2. Section 100 of the economic development law is amended by adding 21 a new subdivision 18-j to read as follows: 22 18-j. to assist the urban development corporation to establish a 23 searchable database pursuant to section fifty-eight of section one of 24 chapter one hundred seventy-four of the laws of nineteen hundred sixty- 25 eight, constituting the New York state urban development corporation 26 act. 27 § 3. The public authorities law is amended by adding a new section 28 2807 to read as follows: 29 § 2807. Reporting for searchable state subsidy and aggregate economic 30 development benefits database. Notwithstanding any other provision of 31 law to the contrary, every state authority shall submit to the urban 32 development corporation, and update quarterly, in the form and manner 33 prescribed by the urban development corporation, any and all data and 34 information as necessary for developing, updating, and maintaining the 35 database established in section fifty-eight of section one of chapter 36 one hundred seventy-four of the laws of nineteen hundred sixty-eight, 37 constituting the New York state urban development corporation act, 38 regarding economic development benefits, as such term is defined in such 39 section, awarded by such state authority. A state authority may request 40 and shall receive any data from an individual, business, limited liabil- 41 ity corporation or any other entity that has applied for and received 42 approval for, or is the beneficiary of, any such economic development 43 benefits, as is necessary and required to comply with this section. 44 § 4. This act shall take effect immediately 45 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 46 sion, section or part of this act shall be adjudged by any court of 47 competent jurisdiction to be invalid, such judgment shall not affect, 48 impair, or invalidate the remainder thereof, but shall be confined in 49 its operation to the clause, sentence, paragraph, subdivision, section 50 or part thereof directly involved in the controversy in which such judg- 51 ment shall have been rendered. It is hereby declared to be the intent of 52 the legislature that this act would have been enacted even if such 53 invalid provisions had not been included herein. 54 § 3. This act shall take effect immediately provided, however, that 55 the applicable effective date of Parts A through NNN of this act shall 56 be as specifically set forth in the last section of such Parts.