Bill Text: NY S01508 | 2019-2020 | 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 2019-2020 state fiscal year; clarifies the dormitory authority's authorization to finance certain health care facilities (Part A); authorizes the dormitory authority to provide services to the office of parks, recreation and historic preservation and the department of environmental conservation (Part B); authorizes the Atlantic Avenue Healthcare Property Holding Corporation to sell, exchange, lease, transfer and convey certain real property (Part C); relates to the infrastructure investment act (Part D); makes certain waste tire management and recycling fees permanent (Part E); defines beverage containers (Part F); establishes authority in the commissioner of the department of environmental conservation to solicit funds or gifts and enter into public-private partnerships, subject to approval of the director of the budget (Part G); prohibits plastic carryout bags (Part H); prohibits the use of condemnation of lands for the use of corporations to install infrastructure associated with the production of oil and natural gas in the North Atlantic Planning Area and prohibits vessels from using New York waters if associated with the production of oil and natural gas in the North Atlantic Planning Area (Part I); removes requirements for notice of freshwater wetlands maps and tidal wetlands boundary maps to be mailed by certified mail (Part J); relates to the disclosure of cleansing products and labeling of consumer products; requires manufacturer disclosure of the ingredients in personal care products and creates a new article regulating personal care products; and makes related provisions (Part K); requires the licensing of any person engaged in the business of servicing certain student loans owed by one or more borrowers residing in the state (Part L); relates to the submission of reports relating to demonstrations and tests of motor vehicles equipped with autonomous vehicle technology and extends the effectiveness thereof; and authorizes the commissioner of motor vehicles to approve demonstrations and tests consisting of the operation of motor vehicles equipped with autonomous vehicle technology (Part M); extends the provisions of chapter 713 of the laws of 1988 relating to the ignition interlock device program (Part N); extends the expiration of certain provisions relating to taxes and the mandatory surcharge and victim assistance fee to 2021 (Part O); enacts regulations regarding the operation of locally authorized scooters and locally authorized motorcycles (Part P); streamlines the process by which service of process is served against a corporate or other entity with the secretary of state (Part Q); extends the expiration date that permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service to March 31, 2020 (Part R); relates to fiber optic utilities (Part S); enacts provisions regarding limousine enforcement and safety (Part T); authorizes utility and cable television assessments to provide funds to the department of health from cable television assessment revenues and to the departments of agriculture and markets, environmental conservation, office of parks, recreation and historic preservation, and state from utility assessment revenues (Part U); requires state agencies and authorities to enter into contracts only with service providers that adhere to net neutrality principles (Part V); relates to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, as well as the department of environmental conservation's climate change program and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); establishes the climate leadership act which establishes as state policy that, as soon as practicable, the state must sequester or offset a greater quantity of atmospheric greenhouse gases than are emitted within the state (Part X); extends the power of the urban development corporation to make loans (Part Y); extends provisions relating to the empire state economic development law (Part Z); extends the provisions of article 15-A of the executive law relating to minority and women-owned business enterprises; provides for punishment for fraud related to minority and women-owned business enterprises (Part AA); establishes a congestion tolling program and relates to the confidentiality of certain public records (Part BB); authorizes photo speed violation monitoring systems in the city of New York; makes technical corrections to the effectiveness of provisions of law relating to photo speed violation monitoring systems in school speed zones in the city of New York; and relates to the effectiveness of provisions relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school zones by means of photo devices (Part CC); establishes the "Gateway Development Commission Act" enabling such commission to facilitate a passenger rail project between Penn Station, Newark, New Jersey and Penn Station, New York, New York (Part DD); allows the assignment, transfer, sharing or consolidating of powers, functions or activities of the metropolitan transportation authority (Part EE); provides certain metropolitan transportation commuter district supplemental taxes, surcharges and fees to the metropolitan transportation authority without appropriation (Part FF); removes caps on automated enforcement cameras for bus lanes; authorizes automated cameras for stopping, standing, parking and turning limitations within the congestion toll zone and along designated bus corridors, and increases penalties and creates a graduated schedule of fines for repeat offenders (Part GG); extends the effective date of sections of law relating to the resolution of labor disputes (Part HH); classifies the assault of highway workers, airport workers, metropolitan transportation authority bus operators, and division of transportation inspectors as assault in the second degree (Part II); provides for the operation of cashless tolling programs (Part JJ); authorizes the New York power authority to provide energy-related projects, programs and services to any of its power customers and to take actions necessary to develop electric vehicle charging stations (Part KK); relates to the provision of renewable power and energy by the Power Authority of the State of New York (Part LL); establishes the parks retail stores fund and the golf fund as enterprise funds consisting of moneys received from retail sales and golf operations at state parks and historic sites (Part MM); allows the New York state olympic regional development authority to enter into contracts or agreements containing indemnity provisions in order to host olympic or other national or international games or events (Part NN); makes technical changes authorizing an airport mass transit project at LaGuardia airport (Part OO); relates to the elimination of the biennial filing fee and five-year statement fee (Part PP); relates to agreements for fiber optics (Part QQ); and relates to procurements by the New York city transit authority and metropolitan authority (Part RR).

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-02-19 - PRINT NUMBER 1508A [S01508 Detail]

Download: New_York-2019-S01508-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 1508--A                                            A. 2008--A
                SENATE - ASSEMBLY
                                    January 18, 2019
                                       ___________
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend the public authorities law, in relation to clarifying
          the dormitory authority's authorization to finance certain health care
          facilities (Part A); to amend the public authorities law, in  relation
          to  authorizing  the  dormitory  authority  to provide services to the
          office of parks, recreation and historic preservation and the  depart-
          ment  of  environmental  conservation  (Part  B);  to amend the public
          authorities law, in relation to the transfer and conveyance of certain
          real property (Part C); to amend chapter  60  of  the  laws  of  2015,
          constituting the infrastructure investment act, in relation to project
          delivery  and  making such provisions permanent (Part D); to amend the
          environmental conservation law, in relation to waste  tire  management
          and  recycling  fees (Part E); to amend the environmental conservation
          law, in relation to the definition  of  beverage  containers;  and  to
          amend  section 12 of part F of chapter 58 of the laws of 2013 amending
          the environmental conservation law and the state finance law  relating
          to the "Cleaner, Greener NY Act of 2013", in relation to extending the
          effectiveness  thereof  (Part F); to amend the environmental conserva-
          tion law, in relation to establishing authority to  solicit  funds  or
          gifts  and  enter  into public-private partnerships (Part G); to amend
          the environmental conservation law, in relation to prohibiting plastic
          carryout bags (Part H); to amend the environmental  conservation  law,
          the  transportation  corporations  law  and  the  navigation  law,  in
          relation to infrastructure and vessels associated with the  production
          of  oil  or natural gas in federal waters (Part I); to amend the envi-
          ronmental conservation law, in relation to  freshwater  wetlands  maps
          and  tidal wetlands boundary maps (Part J); to amend the environmental
          conservation law and the public health law, in relation to the disclo-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-03-9

        S. 1508--A                          2                         A. 2008--A
          sure of cleansing products, labeling of consumer products, and requir-
          ing manufacturer  disclosure  of  the  ingredients  in  personal  care
          products  (Part  K);  to amend the banking law, in relation to student
          loan servicers (Part L); to amend part FF of chapter 55 of the laws of
          2017 relating to motor vehicles equipped with autonomous vehicle tech-
          nology,  in  relation  to the submission of reports and in relation to
          extending the effectiveness thereof; to authorize the commissioner  of
          motor  vehicles  to approve demonstrations and tests consisting of the
          operation of motor vehicles equipped with autonomous vehicle technolo-
          gy; and to repeal section 1226 of the vehicle and traffic law relating
          thereto (Part M); to amend chapter 713 of the laws of  1988,  amending
          the  vehicle and traffic law relating to the ignition interlock device
          program, in relation to extending the provisions thereof (Part N);  to
          amend  chapter 166 of the laws of 1991, amending the tax law and other
          laws relating to taxes, in relation to  extending  the  expiration  of
          certain  provisions of such chapter and to amend the vehicle and traf-
          fic law, in relation to extending  the  expiration  of  the  mandatory
          surcharge  and  victim  assistance  fee (Part O); to amend vehicle and
          traffic law, in relation to locally authorized  scooters  and  locally
          authorized  motorcycles  (Part  P);  to amend the business corporation
          law, the cooperative corporations law, the executive law, the  general
          associations  law,  the  general  business  law, the limited liability
          company law, the not-for-profit corporation law, the partnership  law,
          the  private  housing  finance law, the arts and cultural affairs law,
          the real property law and the tax law, in relation to streamlining the
          process by which service of process is served against a  corporate  or
          other  entity  with  the  secretary  of  state;  and to repeal certain
          provisions of the real property law  relating  thereto  (Part  Q);  to
          amend  chapter  21  of  the  laws  of 2003, amending the executive law
          relating to permitting the  secretary  of  state  to  provide  special
          handling  for  all documents filed or issued by the division of corpo-
          rations and to permit additional levels of such expedited service,  in
          relation to extending the effectiveness thereof (Part R); to amend the
          highway  law  and  the transportation corporations law, in relation to
          fiber optic utilities (Part S); to amend the transportation  law,  the
          vehicle and traffic law and the penal law, in relation to motor carri-
          er  safety  (Part T); authorizing utility and cable television assess-
          ments to provide funds to the department of health  from  cable  tele-
          vision  assessment  revenues and to the departments of agriculture and
          markets, environmental conservation, office of parks,  recreation  and
          historic preservation, and state from utility assessment revenues; and
          providing  for  the  repeal of such provisions upon expiration thereof
          (Part U); to amend the state finance law and  the  public  authorities
          law,  in relation to requiring state agencies and authorities to enter
          contracts only with service providers that adhere  to  net  neutrality
          principles  (Part  V); to authorize the New York state energy research
          and development authority to finance a portion of its research, devel-
          opment and demonstration, policy and planning, and Fuel  NY  programs,
          as  well  as  the  department  of environmental conservation's climate
          change program and the department of agriculture and markets' Fuel  NY
          program, from an assessment on gas and electric corporations (Part W);
          to  amend  the energy law, the public service law, the public authori-
          ties law and the environmental conservation law, in relation to estab-
          lishing the "climate leadership act" (Part X); to amend chapter 393 of
          the laws of 1994, amending the New York state urban development corpo-
          ration act, relating to the powers of the New York state urban  devel-

        S. 1508--A                          3                         A. 2008--A
          opment  corporation  to  make  loans, in relation to the effectiveness
          thereof (Part Y); to amend the New York state urban development corpo-
          ration act, in relation to extending certain  provisions  relating  to
          the  empire  state  economic  development  fund (Part Z); to amend the
          executive law, the public buildings law, the state  finance  law,  the
          public  authorities  law,  and the penal law, in relation to the reau-
          thorization  of  the  minority  and  women-owned  business  enterprise
          program  and  to  amend  chapter 261 of the laws of 1988, amending the
          state finance law and other  laws  relating  to  the  New  York  state
          infrastructure  trust  fund, in relation to the effectiveness thereof;
          and providing for the repeal of  certain  provisions  upon  expiration
          thereof (Part AA); to amend the vehicle and traffic law and the public
          authorities  law,  in  relation  to  establishing a congestion tolling
          program in the city of New York; and to amend the public officers law,
          in relation to confidentiality of certain public records (Part BB); to
          amend the  vehicle  and  traffic  law,  in  relation  to  photo  speed
          violation  monitoring systems in school speed zones in the city of New
          York; to amend chapter 43 of the laws of 2014,  amending  the  vehicle
          and traffic law, the public officers law and the general municipal law
          relating  to  photo speed violation monitoring systems in school speed
          zones in the city of New York, in relation to the effectiveness there-
          of; and to amend chapter 189 of the laws of 2013, amending the vehicle
          and traffic law and the public officers law relating  to  establishing
          in  a  city  with  a population of one million or more a demonstration
          program implementing speed  violation  monitoring  systems  in  school
          speed  zones  by means of photo devices, in relation to the effective-
          ness thereof (Part CC); establishing the "Gateway Development  Commis-
          sion  Act"; and to amend the transportation law, in relation to creat-
          ing the gateway development commission (Part DD); to amend the  public
          authorities  law,  in  relation  to allowing the assignment, transfer,
          sharing or consolidating of powers, functions  or  activities  of  the
          metropolitan  transportation authority (Part EE); to amend the vehicle
          and traffic law, the public authorities law, the tax law and the state
          finance law, in relation to providing certain metropolitan transporta-
          tion commuter district supplemental taxes, surcharges and fees to  the
          metropolitan transportation authority without appropriation (Part FF);
          to  amend the vehicle and traffic law, in relation to removing caps on
          automated enforcement cameras for  bus  lanes,  authorizing  automated
          enforcement  cameras for stopping, standing, parking and turning limi-
          tations within the congestion  toll  zone  and  along  designated  bus
          corridors,  and increasing penalties and creating a graduated schedule
          of fines for repeat offenders; and to amend part II of chapter  59  of
          the  laws of 2010, amending the vehicle and traffic law and the public
          officers law relating to  establishing  a  bus  rapid  transit  demon-
          stration program to restrict the use of bus lanes by means of bus lane
          photo  devices, in relation to the effectiveness thereof (Part GG); to
          amend chapter 929 of the laws of 1986 amending the tax law  and  other
          laws   relating  to  the  metropolitan  transportation  authority,  in
          relation to extending certain provisions  thereof  applicable  to  the
          resolution of labor disputes (Part HH); to amend the penal law and the
          vehicle  and  traffic  law,  in relation to classifying the assault of
          airport workers, metropolitan transportation authority  bus  operators
          and  division  of  transportation  inspectors as second degree assault
          (Part II); to amend the public authorities law,  in  relation  to  the
          operation  of cashless tolling programs (Part JJ); to amend the public
          authorities law, in relation to authorizing the New York power author-

        S. 1508--A                          4                         A. 2008--A
          ity to provide energy-related projects, programs and services  to  any
          of its power customers, and to take actions necessary to develop elec-
          tric vehicle charging stations (Part KK); to amend the public authori-
          ties  law,  in relation to the provision of renewable power and energy
          by the Power Authority of the State of New York (Part  LL);  to  amend
          the  state  finance  law, in relation to establishing the parks retail
          stores fund, and the golf fund, as  enterprise  funds  (Part  MM);  to
          amend the public authorities law, in relation to allowing the New York
          state  olympic  regional development authority to enter into contracts
          or agreements containing indemnity provisions in order to host olympic
          or other national or international games or events (Part NN); to amend
          the highway law, in relation  to  making  a  technical  correction  to
          authorization  of an airport mass transit project at LaGuardia airport
          (Part OO); and to amend the business corporation law and the  partner-
          ship  law,  in  relation to the elimination of the biennial filing fee
          and five-year statement fee; and to repeal certain provisions  of  the
          business  corporation law and the limited liability company law relat-
          ing thereto (Part  PP);  to  amend  the  public  authorities  law,  in
          relation  to  agreements  for fiber optics (Part QQ); and to amend the
          public authorities law, in relation to procurements by  the  New  York
          city  transit authority and metropolitan transportation authority; and
          to amend chapter 54 of the laws of 2016 amending the  public  authori-
          ties law relating to procurements by the New York city transit author-
          ity  and  metropolitan  transportation  authority,  in relation to the
          effectiveness thereof (Part RR)
          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  which are necessary to implement the state fiscal plan for the 2019-2020
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through RR. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such  Part.    Any  provision  in  any  section contained within a Part,
     7  including the effective date of the Part, which  makes  reference  to  a
     8  section  "of  this  act",  when  used in connection with that particular
     9  component, shall be deemed  to  mean  and  refer  to  the  corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
    12                                   PART A
    13    Section  1.  Paragraph  (b)  of subdivision 6 of section 1699-f of the
    14  public authorities law, as added by chapter 83 of the laws of  1995,  is
    15  amended to read as follows:
    16    (b)  The  financing of any project initiated on or after the effective
    17  date of this section, the entirety of which the agency would be  author-
    18  ized  to  undertake  by  the  provisions  of the medical care facilities
    19  finance agency act prior to such effective date, shall  be  governed  by
    20  such act.
    21    § 2. This act shall take effect immediately.
    22                                   PART B

        S. 1508--A                          5                         A. 2008--A
     1    Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
     2  public authorities law is amended by adding two new  undesignated  para-
     3  graphs to read as follows:
     4    The office of parks, recreation and historic preservation.
     5    The department of environmental conservation.
     6    § 2. This act shall take effect immediately.
     7                                   PART C
     8    Section  1.  Subdivision  25 of section 1678 of the public authorities
     9  law is amended by adding two new paragraphs  (e)  and  (f)  to  read  as
    10  follows:
    11    (e)  Notwithstanding  any  other  provision  of  law  to the contrary,
    12  including but not limited to title five-A of article nine of this  chap-
    13  ter,  the  Atlantic  Avenue  Healthcare  Property Holding Corporation is
    14  hereby authorized and empowered to sell, exchange, lease,  transfer  and
    15  convey  certain  real  property  located  at  483-503  Herkimer  Street,
    16  1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue,
    17  all in Brooklyn, New York as directed by the commissioner  of  New  York
    18  state  division  of  homes  and  community  renewal, upon such terms and
    19  conditions as such commissioner may fix and determine.
    20    Such sale, exchange, lease, transfer and conveyance shall be  consist-
    21  ent  with  and made pursuant to a plan to increase access and quality of
    22  health care services and preventative care and create affordable housing
    23  approved by the commissioner of New York state  division  of  homes  and
    24  community  renewal,  the  commissioner of health and the director of the
    25  division of the budget to transform the Central  Brooklyn  region.  Such
    26  plan  may  include, but shall not be limited to, initiatives intended to
    27  increase access to open spaces and healthy food, transform  health  care
    28  by  increasing  access and quality of health care services and preventa-
    29  tive care, create affordable housing, create jobs, improve youth  devel-
    30  opment, and prevent community violence.
    31    Notwithstanding the foregoing, no such sale, exchange, transfer, lease
    32  or conveyance shall be permitted pursuant to this section, unless in the
    33  opinion of bond counsel to the authority, such sale, exchange, transfer,
    34  lease  or  conveyance  does  not  impair  the  tax-exempt  status of any
    35  outstanding bonds or other obligations, if any, issued by the  authority
    36  to  finance  or refinance the subject property. For the purposes of such
    37  opinion, the valuation of such property being  sold,  exchanged,  trans-
    38  ferred,  leased  or  conveyed  may  reflect the terms and conditions set
    39  forth in the plan.
    40    (f) The description in paragraph (e) of this subdivision of the  lands
    41  to   be  transferred  and  conveyed  is  not  intended  to  be  a  legal
    42  description, but is  intended  only  to  identify  the  premises  to  be
    43  conveyed. As a condition of transfer and conveyance, the Atlantic Avenue
    44  Healthcare Property Holding Corporation shall receive an accurate survey
    45  and  description  of  the  lands generally described in paragraph (e) of
    46  this subdivision, which may be used in the conveyance thereof.
    47    § 2. This act shall take effect immediately; provided,  however,  that
    48  the  amendments to subdivision 25 of section 1678 of the public authori-
    49  ties law made by section one of this act shall  survive  the  expiration
    50  and  reversion  of  such subdivision as provided by section 2 of chapter
    51  584 of the laws of 2011, as amended.
    52                                   PART D

        S. 1508--A                          6                         A. 2008--A
     1    Section 1. Paragraph (i) and the opening paragraph of  paragraph  (ii)
     2  of  subdivision  (a) of section 2 of part F of chapter 60 of the laws of
     3  2015, constituting the infrastructure  investment  act,  as  amended  by
     4  section  1 of part RRR of chapter 59 of the laws of 2017, are amended to
     5  read as follows:
     6    (i)  "authorized  state  entity" shall mean the New York state thruway
     7  authority, the department of transportation, the office of parks, recre-
     8  ation and historic preservation, the department of environmental conser-
     9  vation, the dormitory authority, the urban development corporation,  the
    10  office of general services, the department of health, the New York state
    11  olympic  regional  development  authority,  state university of New York
    12  construction fund, and the New York state bridge authority.
    13    Notwithstanding the provisions of subdivision 26 of  section  1678  of
    14  the  public  authorities  law,  section  8  of the public buildings law,
    15  sections 8 and 9 of section 1 of chapter 359 of  the  laws  of  1968  as
    16  amended, section 103 of the general municipal law, and the provisions of
    17  any  other law to the contrary, the term "authorized state entity" shall
    18  also refer to only those agencies or authorities identified below solely
    19  in connection with the following authorized projects, provided that such
    20  an authorized state entity may utilize the alternative  delivery  method
    21  referred  to  as  design-build  contracts  solely in connection with the
    22  following authorized projects should the total cost of each such project
    23  not be less  than  [five]  one  million  two  hundred  thousand  dollars
    24  [($5,000,000)] ($1,200,000):
    25    §  2. Subdivision (e) of section 2 of part F of chapter 60 of the laws
    26  of 2015, constituting the infrastructure investment act, is  amended  to
    27  read as follows:
    28    (e) "design-build [contract]" shall mean a [contract] project delivery
    29  method  for  the  design  and  construction  of a capital project with a
    30  single entity, which may be a team comprised of separate entities.
    31    § 3. Section 2 of part F of chapter 60 of the laws of 2015, constitut-
    32  ing the infrastructure investment act is amended  by  adding  three  new
    33  subdivisions (g), (h) and (i) to read as follows:
    34    (g)  "alternative  project  delivery  contract" shall mean any project
    35  delivery method, including  but  not  limited  to  construction  manager
    36  build, construction manager at risk, and design-build, pursuant to which
    37  one  or  more  contracts  for  the  provision  of design or construction
    38  services are awarded pursuant to  an  open  and  competitive  method  of
    39  procurement.
    40    (h) "construction manager at risk" shall mean a project delivery meth-
    41  od  whereby  a  construction  manager  (i)  serves  as part of a team in
    42  conjunction with the owner in the design  phase  of  the  project;  (ii)
    43  during  the  construction  phase,  acts as general contractor for agreed
    44  upon compensation as set forth  in  the  construction  manager  at  risk
    45  agreement; and (iii) assumes the risk of construction costs exceeding an
    46  amount specified in the construction manager at risk agreement.
    47    (i)  "construction manager build" shall mean a project delivery method
    48  whereby a construction manager: (i) serves as part of a team in conjunc-
    49  tion with the owner in the design phase of the project; (ii)  under  the
    50  oversight  of  the  owner acts as the single source of responsibility to
    51  bid, select and hold construction  contracts  on  behalf  of  the  owner
    52  during  the  construction  phase;  and  (iii)  manages  the construction
    53  project on behalf of the owner.
    54    § 4. Section 3 of part F of chapter 60 of the laws of 2015, constitut-
    55  ing the infrastructure investment act, as amended by section 3  of  part
    56  RRR of chapter 59 of the laws of 2017, is amended to read as follows:

        S. 1508--A                          7                         A. 2008--A
     1    §  3. Notwithstanding the provisions of section 38 of the highway law,
     2  section 136-a of the state finance law, [section]  sections  359,  1678,
     3  1680,  1680-a  and  2879-a  of  the  public  authorities  law, [section]
     4  sections 376, 407-a, 6281 and 7210 of the education law, sections 8  and
     5  9  of the public buildings law, section 11 of chapter 795 of the laws of
     6  1967, sections 8 and 9 of section 1 of chapter 359 of the laws  of  1968
     7  as  amended, section 11 of section 1 of chapter 174 of the laws of 1968,
     8  as amended, section 29 of chapter 337 of the laws of 1972, section 21 of
     9  chapter 464 of the laws of 1972, section 103 of  the  general  municipal
    10  law,  and  the  provisions  of  any  other  law  to the contrary, and in
    11  conformity with the requirements of this act, an authorized state entity
    12  may utilize [the] alternative project delivery [method  referred  to  as
    13  design-build]  contracts,  in  consultation  with  relevant  local labor
    14  organizations and construction industry, for capital projects located in
    15  the state and related to [the state's] physical infrastructure,  includ-
    16  ing,  but not limited to, [the state's] buildings and appurtenant struc-
    17  tures, highways, bridges, dams,  flood  control  projects,  canals,  and
    18  parks, including, but not limited to, to repair damage caused by natural
    19  disaster,  to  correct health and safety defects, to comply with federal
    20  and state laws, standards, and regulations, to extend the useful life of
    21  or replace [the state's] buildings and appurtenant structures, highways,
    22  bridges, dams, flood control projects, canals, and parks or  to  improve
    23  or  add to [the state's] buildings and appurtenant structures, highways,
    24  bridges, dams, flood control projects, canals, and parks; provided  that
    25  for  the  contracts  executed  by  the department of transportation, the
    26  office of parks, recreation and historic preservation, or the department
    27  of environmental conservation, the total cost of each such project shall
    28  not be less than ten million dollars ($10,000,000).
    29    § 5. Section 4 of part F of chapter 60 of the laws of 2015, constitut-
    30  ing the infrastructure investment act, as amended by section 4  of  part
    31  RRR of chapter 59 of the laws of 2017, is amended to read as follows:
    32    § 4. An entity selected by an authorized state entity to enter into [a
    33  design-build  contract  shall]  an alternative project delivery contract
    34  may be selected through a two-step method, as follows:
    35    (a) Step one. Generation of a list of entities that have  demonstrated
    36  the general capability to perform the [design-build] alternative project
    37  delivery  contract.    Such  list shall consist of a specified number of
    38  entities, as determined by an authorized  state  entity,  and  shall  be
    39  generated  based  upon the authorized state entity's review of responses
    40  to a publicly advertised  request  for  qualifications.  The  authorized
    41  state  entity's  request  for  qualifications  shall  include  a general
    42  description of the  project,  the  maximum  number  of  entities  to  be
    43  included on the list, the selection criteria to be used and the relative
    44  weight  of each criteria in generating the list. Such selection criteria
    45  shall include the qualifications  and  experience  of  the  [design  and
    46  construction  team]  entity  or  team  of entities, organization, demon-
    47  strated responsibility, ability of the [team] entity or team of entities
    48  or of a member or members of the [team] entity or team  of  entities  to
    49  comply  with  applicable requirements, including the provisions of arti-
    50  cles 145, 147 and 148 of the education law, past  record  of  compliance
    51  with  the  labor law, and such other qualifications the authorized state
    52  entity deems appropriate which  may  include  but  are  not  limited  to
    53  project  understanding, financial capability and record of past perform-
    54  ance. The authorized state entity shall evaluate and rate  all  entities
    55  responding  to the request for qualifications.  Based upon such ratings,
    56  the authorized state entity shall list the entities that shall receive a

        S. 1508--A                          8                         A. 2008--A
     1  request for  proposals  in  accordance  with  subdivision  (b)  of  this
     2  section.    To  the  extent  consistent with applicable federal law, the
     3  authorized state entity  shall  consider,  when  awarding  any  contract
     4  pursuant  to  this  section,  the  participation of: (i) firms certified
     5  pursuant to article 15-A of the executive law as minority or women-owned
     6  businesses and the ability of other businesses  under  consideration  to
     7  work  with  minority  and  women-owned  businesses  so as to promote and
     8  assist participation by  such  businesses;  [and]  (ii)  small  business
     9  concerns  identified pursuant to subdivision (b) of section 139-g of the
    10  state finance law[.]; and (iii) firms certified pursuant to article 17-B
    11  of the executive law as service-disabled  veteran-owned  businesses  and
    12  the  ability  of  other  businesses  under  consideration  to  work with
    13  service-disabled veteran-owned businesses so as to  promote  and  assist
    14  participation by such businesses.
    15    (b) Step two. Selection of the proposal which is the best value to the
    16  authorized  state  entity.    The  authorized state entity shall issue a
    17  request for proposals to the entities listed pursuant to subdivision (a)
    18  of this section.  If such an entity consists of a team of separate enti-
    19  ties, the entities that comprise such a team must remain unchanged  from
    20  the  entity as listed pursuant to subdivision (a) of this section unless
    21  otherwise approved by the  authorized  state  entity.  The  request  for
    22  proposals  shall  set  forth  the  project's  scope  of  work, and other
    23  requirements, as determined by the authorized state entity.  The request
    24  for proposals shall specify the criteria to  be  used  to  evaluate  the
    25  responses  and the relative weight of each such criteria.  Such criteria
    26  shall include  the  proposal's  cost,  the  quality  of  the  proposal's
    27  solution,  the qualifications and experience of the [design-build] enti-
    28  ty, and other factors deemed pertinent by the authorized  state  entity,
    29  which  may  include, but shall not be limited to, the proposal's project
    30  implementation, ability to complete the work in a timely  and  satisfac-
    31  tory  manner, maintenance costs of the completed project, maintenance of
    32  traffic approach, and community impact. Any contract awarded pursuant to
    33  this act shall be awarded to a responsive and  responsible  entity  that
    34  submits  the proposal, which, in consideration of these and other speci-
    35  fied criteria deemed pertinent to the project, offers the best value  to
    36  the authorized state entity, as determined by the authorized state enti-
    37  ty.    The request for proposals shall include a statement that entities
    38  shall designate in writing those portions of the proposal  that  contain
    39  trade secrets or other proprietary information that are to remain confi-
    40  dential;  that  the material designated as confidential shall be readily
    41  separable from the entity's proposal.  Nothing herein shall be construed
    42  to prohibit the authorized entity from negotiating final contract  terms
    43  and  conditions  including cost. All proposals submitted shall be scored
    44  according to the criteria listed in the request for proposals  and  such
    45  final  scores  shall  be  published  on  the  authorized  state entity's
    46  website.
    47    § 6. Section 7 of part F of chapter 60 of the laws of 2015, constitut-
    48  ing the infrastructure investment act, is amended to read as follows:
    49    § 7. If otherwise  applicable,  capital  projects  undertaken  by  the
    50  authorized state entity pursuant to this act shall be subject to section
    51  135  of  the state finance law, section 101 of the general municipal law
    52  and section 222 of the labor law; provided, however, that an  authorized
    53  entity  may  fulfill  its  obligations  under  section  135 of the state
    54  finance law or section 101 of the general municipal law by requiring the
    55  contractor to prepare separate specifications in accordance with section

        S. 1508--A                          9                         A. 2008--A
     1  135 of the state finance law or section 101 of the general municipal law
     2  as the case may be.
     3    § 7. Section 8 of part F of chapter 60 of the laws of 2015, constitut-
     4  ing the infrastructure investment act, is amended to read as follows:
     5    §  8. Each contract entered into by the authorized state entity pursu-
     6  ant to this section shall comply with the objectives and goals of minor-
     7  ity and women-owned business enterprises pursuant to article 15-A of the
     8  executive law and of service-disabled veteran-owned business enterprises
     9  pursuant to article 17-B of the executive law or, for projects receiving
    10  federal aid, shall  comply  with  applicable  federal  requirements  for
    11  disadvantaged business enterprises.
    12    §  8.  Section 11 of part F of chapter 60 of the laws of 2015, consti-
    13  tuting the infrastructure investment act, is amended to read as follows:
    14    § 11. The submission of a proposal or responses or the execution of [a
    15  design-build] an alternative project delivery contract pursuant to  this
    16  act  shall  not  be  construed  to be a violation of section 6512 of the
    17  education law.
    18    § 9. Section 13 of part F of chapter 60 of the laws of  2015,  consti-
    19  tuting  the  infrastructure  investment act, as amended by section 11 of
    20  part RRR of chapter 59 of the laws  of  2017,  is  amended  to  read  as
    21  follows:
    22    §  13. Alternative construction awarding processes.  (a) Notwithstand-
    23  ing the provisions of any other law  to  the  contrary,  the  authorized
    24  state  entity may award [a construction] an alternative project delivery
    25  contract:
    26    1. To the [contractor] entity offering the best value; or
    27    2. Utilizing a cost-plus not to exceed guaranteed maximum  price  form
    28  of  contract  in  which the authorized state entity shall be entitled to
    29  monitor and audit all project costs. In establishing  the  schedule  and
    30  process for determining a guaranteed maximum price, the contract between
    31  the authorized state entity and the contractor shall:
    32    (i)  describe  the  scope  of the work and the cost of performing such
    33  work;
    34    (ii) include a detailed line item cost breakdown;
    35    (iii) include a list of all drawings, specifications and other  infor-
    36  mation on which the guaranteed maximum price is based;
    37    (iv)  include  the dates for substantial and final completion on which
    38  the guaranteed maximum price is based; and
    39    (v) include a schedule of unit prices; [or]
    40    3. Utilizing a lump sum contract  in  which  the  [contractor]  entity
    41  agrees  to  accept  a set dollar amount for a contract which comprises a
    42  single bid without providing a cost breakdown for all costs such as  for
    43  equipment,  labor,  materials,  as  well as such [contractor's] entity's
    44  profit for completing all items of work comprising the project[.]; or
    45    4. The contract may include a combination of elements of the  contract
    46  types listed in this section.
    47    (a)  The  alternative  delivery  project  may provide for professional
    48  services on a fee-for-service basis.
    49    (b) Capital projects undertaken by  an  authorized  state  entity  may
    50  include  an  incentive  clause  in  the contract for various performance
    51  objectives, but the incentive clause shall not include an incentive that
    52  exceeds the quantifiable value of the benefit received by the authorized
    53  state entity. [The] Notwithstanding the provisions of sections  136  and
    54  137  of the state finance law, the authorized state entity shall [estab-
    55  lish] require such performance and payment bonds or other form of under-
    56  taking as it deems necessary.

        S. 1508--A                         10                         A. 2008--A
     1    § 10. Part F of chapter 60 of  the  laws  of  2015,  constituting  the
     2  infrastructure investment act is amended by adding a new section 15-a to
     3  read as follows:
     4    15-a.  Any contract awarded pursuant to this act shall be deemed to be
     5  awarded pursuant to a competitive procurement for  purposes  of  section
     6  2879-a of the public authorities law.
     7    §  11. Section 17 of part F of chapter 60 of the laws of 2015, consti-
     8  tuting the infrastructure investment act, as amended by  section  14  of
     9  part  RRR  of  chapter  59  of  the  laws of 2017, is amended to read as
    10  follows:
    11    § 17. This act shall take effect immediately [and shall expire and  be
    12  deemed  repealed  4  years after such date, provided that, projects with
    13  requests for qualifications issued prior to such repeal shall be permit-
    14  ted to continue under this act notwithstanding such repeal].
    15    § 12. This act shall take effect immediately.
    16                                   PART E
    17    Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
    18  section 27-1905 of the environmental conservation  law,  as  amended  by
    19  section  1  of  part T of chapter 58 of the laws of 2016, are amended to
    20  read as follows:
    21    1. [Until December thirty-first, two thousand nineteen, accept] Accept
    22  from a customer, waste tires of approximately the same  size  and  in  a
    23  quantity  equal to the number of new tires purchased or installed by the
    24  customer; and
    25    [Until December thirty-first, two thousand nineteen, post] Post  writ-
    26  ten  notice  in  a  prominent location, which must be at least eight and
    27  one-half inches by fourteen inches in size  and  contain  the  following
    28  language:
    29    §  2.    Subdivisions  1,  2, 3, and paragraph (a) of subdivision 6 of
    30  section 27-1913 of the environmental conservation  law,  as  amended  by
    31  section  2  of  part T of chapter 58 of the laws of 2016, are amended to
    32  read as follows:
    33    1. [Until December thirty-first, two thousand  nineteen,  a]  A  waste
    34  tire  management  and recycling fee of two dollars and fifty cents shall
    35  be charged on each new tire sold. The fee shall be paid by the purchaser
    36  to the tire service at the time the new tire or  new  motor  vehicle  is
    37  purchased.
    38    The waste tire management and recycling fee does not apply to:
    39    (a) recapped or resold tires;
    40    (b) mail-order sales; or
    41    (c)  the  sale  of  new motor vehicle tires to a person solely for the
    42  purpose of resale provided the subsequent retail sale in this  state  is
    43  subject to such fee.
    44    2.  [Until December thirty-first, two thousand nineteen, the] The tire
    45  service shall collect the waste tire management and recycling  fee  from
    46  the  purchaser  at  the time of the sale and shall remit such fee to the
    47  department of taxation and  finance  with  the  quarterly  report  filed
    48  pursuant to subdivision three of this section.
    49    (a)  The  fee  imposed shall be stated as an invoice item separate and
    50  distinct from the selling price of the tire.
    51    (b) The tire service shall be entitled to retain an allowance of twen-
    52  ty-five cents per tire from fees collected.
    53    3. [Until March thirty-first, two thousand  twenty,  each]  Each  tire
    54  service  maintaining  a  place  of  business  in this state shall make a

        S. 1508--A                         11                         A. 2008--A
     1  return to the department of taxation and finance on a  quarterly  basis,
     2  with  the  return  for  December,  January, and February being due on or
     3  before the immediately following  March  thirty-first;  the  return  for
     4  March,  April,  and May being due on or before the immediately following
     5  June thirtieth; the return for June, July, and August being  due  on  or
     6  before the immediately following September thirtieth; and the return for
     7  September,  October, and November being due on or before the immediately
     8  following December thirty-first.
     9    (a) Each return shall include:
    10    (i) the name of the tire service;
    11    (ii) the address of the tire service's principal place of business and
    12  the address of the principal place of business (if that is  a  different
    13  address)  from  which the tire service engages in the business of making
    14  retail sales of tires;
    15    (iii) the name and signature of the person preparing the return;
    16    (iv) the total number of new tires sold at retail  for  the  preceding
    17  quarter and the total number of new tires placed on motor vehicles prior
    18  to original retail sale;
    19    (v) the amount of waste tire management and recycling fees due; and
    20    (vi)  such  other reasonable information as the department of taxation
    21  and finance may require.
    22    (b) Copies of each report shall be retained by the  tire  service  for
    23  three years.
    24    If  a  tire  service ceases business, it shall file a final return and
    25  remit all fees due under this title with the department of taxation  and
    26  finance not more than one month after discontinuing that business.
    27    (a)  [Until  December  thirty-first,  two  thousand nineteen, any] Any
    28  additional waste tire management and recycling costs of the tire service
    29  in excess of the amount authorized to be retained pursuant to  paragraph
    30  (b)  of subdivision two of this section may be included in the published
    31  selling price of the new tire, or charged as a separate per-tire  charge
    32  on  each  new  tire sold. When such costs are charged as a separate per-
    33  tire charge: (i) such charge shall be stated as an invoice item separate
    34  and distinct from the selling price of the tire; (ii) the invoice  shall
    35  state  that  the  charge  is  imposed at the sole discretion of the tire
    36  service; and (iii) the amount of such charge shall  reflect  the  actual
    37  cost to the tire service for the management and recycling of waste tires
    38  accepted  by the tire service pursuant to section 27-1905 of this title,
    39  provided however, that in no event shall such charge exceed two  dollars
    40  and fifty cents on each new tire sold.
    41    §  3. Paragraph (b) and (c) of subdivision 1 of section 27-1915 of the
    42  environmental conservation law, as amended by section 5 of  part  DD  of
    43  chapter  59  of the laws of 2010, are amended and a new paragraph (d) is
    44  added to read as follows:
    45    (b) abatement of noncompliant waste tire stockpiles; [and]
    46    (c) administration and enforcement of the requirements of  this  arti-
    47  cle, exclusive of titles thirteen and fourteen[.]; and
    48    (d)  conducting  an  updated market analysis of outlets for waste tire
    49  utilization including recycling and energy recovery opportunities.
    50    § 4. This act shall take effect immediately.
    51                                   PART F
    52    Section 1. Subdivisions 1, 2-a and 5-a of section 27-1003 of the envi-
    53  ronmental conservation law, subdivision 1 as amended  by  section  2  of
    54  part SS of chapter 59 of the laws of 2009, subdivision 2-a as amended by

        S. 1508--A                         12                         A. 2008--A
     1  section  2  of part F of chapter 58 of the laws of 2013, and subdivision
     2  5-a as added by section 3 of part SS of chapter 59 of the laws of  2009,
     3  are amended to read as follows:
     4    1.  "Beverage"  means [carbonated soft drinks, water, beer, other malt
     5  beverages and a wine product as defined in subdivision  thirty-six-a  of
     6  section  three  of  the alcoholic beverage control law. "Malt beverages"
     7  means any beverage obtained by the alcoholic fermentation or infusion or
     8  decoction of barley, malt, hops, or other wholesome grain or cereal  and
     9  water  including,  but not limited to ale, stout or malt liquor. "Water"
    10  means any beverage identified through  the  use  of  letters,  words  or
    11  symbols  on its product label as a type of water, including any flavored
    12  water or nutritionally enhanced water, provided, however,  that  "water"
    13  does  not  include any beverage identified as a type of water to which a
    14  sugar has been added] all carbonated and noncarbonated drinks in  liquid
    15  form and intended for internal human consumption.
    16    The term "beverage" shall not include:
    17    a.  milk  and  dairy  derived  products. "Milk" means whole milk, skim
    18  milk, low-fat milk, cream, cultured milk, yogurt or any  combination  of
    19  those  products.  The term "dairy derived products" includes any product
    20  of which more than fifty percent of the ingredients are milk, milk  fat,
    21  cultured milk or yogurt;
    22    b. rice milk, soy milk, nut milk or other milk substitute;
    23    c. infant formula;
    24    d.  a  liquid  that  is  a syrup, in a concentrated form, or typically
    25  added at less than five percent as a minor flavoring ingredient in  food
    26  or drink, such as extracts, cooking additives, sauces or condiments;
    27    e.  a  liquid  that is a medical prescription or over-the-counter drug
    28  regulated by the United States Food and Drug Administration and consumed
    29  for medicinal purposes only;
    30    f. a liquid that is (i) regulated  as  a  dietary  supplement  by  the
    31  United  States Food and Drug Administration except one that is designed,
    32  marketed and/or intended to be consumed as a beverage such as  a  sports
    33  or  hydration  drink,  or  (ii) designed, marketed and/or intended to be
    34  consumed as a meal or meal substitute as part of a weight loss  program,
    35  such as a diet shake;
    36    g. products that are traditionally frozen at the time of sale;
    37    h. products designed to be consumed in a frozen state;
    38    i. instant drink powders;
    39    j. seafood, meat or vegetable broths, or soups; and
    40    k.  alcoholic  beverages  other than: beer, malt beverages, and a wine
    41  product as that term is defined in section three of the alcoholic bever-
    42  age control law. "Malt beverages" means any  beverage  obtained  by  the
    43  alcoholic  fermentation  or infusion or decoction of barley, malt, hops,
    44  or other wholesome grain or cereal and water including, but not  limited
    45  to ale, stout or malt liquor.
    46    2-a.  "[Bottler] Beverage manufacturer" means a person, firm or corpo-
    47  ration who:
    48    a. bottles, cans or otherwise packages beverages in beverage  contain-
    49  ers [except that if]. If such packaging is for any other person, firm or
    50  corporation  having  the  right  to bottle, can or otherwise package the
    51  same brand of beverage, then such  other  person,  firm  or  corporation
    52  shall  be  considered  to be the [bottler] beverage manufacturer for the
    53  purposes of this title; or
    54    b. imports filled beverage containers into the United States.
    55    5-a. A "deposit initiator" for each beverage  container  for  which  a
    56  refund  value  is  established under section 27-1005 of this title means

        S. 1508--A                         13                         A. 2008--A
     1  the first person to charge a deposit on a filled beverage container. For
     2  the purposes of charging such deposit the deposit initiator may be:
     3    a.  the  [bottler of the beverage in such container] beverage manufac-
     4  turer;
     5    b. the distributor of such container if such distributor's purchase of
     6  such container was not, directly or indirectly, from a registered depos-
     7  it initiator;
     8    c. [a dealer of such container who  sells  or  offers  for  sale  such
     9  container  in  this  state,  whose  purchase  of such container was not,
    10  directly or indirectly, from a registered deposit initiator]  the  brand
    11  owner of a beverage; or
    12    d.  [an  agent acting on behalf of a registered deposit initiator] any
    13  other person as determined in rules or regulations  promulgated  by  the
    14  department.
    15    §  2.  The  environmental  conservation law is amended by adding a new
    16  section 27-1004 to read as follows:
    17  § 27-1004. Deposit initiators.
    18    1. a. For a beverage container manufactured in the United States,  the
    19  deposit  on  each  filled  beverage  container  must be initiated by the
    20  beverage manufacturer, except as otherwise provided in this section.
    21    b. The first distributor of a beverage  may  choose  to  initiate  the
    22  deposit if all of the following apply:
    23    (i) the manufacturer does not sell, offer for sale, or distribute such
    24  beverage to any person in the state or to any other person that distrib-
    25  utes such beverage into the state;
    26    (ii) the first distributor has a geographically exclusive distributor-
    27  ship for the sale of such beverage; and
    28    (iii) the manufacturer and the first distributor have a written agree-
    29  ment detailing the specific geographic areas in the state of such exclu-
    30  sive distributorship.
    31    c.  The  person,  firm  or  corporation who bottles, cans or otherwise
    32  packages beverages in beverage containers may initiate the deposit for a
    33  brand owner for whose exclusive account beverage containers bearing  the
    34  brand  name  or trademark are bottled, canned or packaged if the person,
    35  firm or corporation is the exclusive bottler  and  there  is  a  written
    36  agreement establishing who is responsible for the pick-up and redemption
    37  of empty containers.
    38    2.  For a beverage manufactured outside the United States, the deposit
    39  on each filled beverage container must be initiated by the person, firm,
    40  or corporation who imports filled beverage containers  into  the  United
    41  States.
    42    3.  Except  as  provided  by  this section, or as provided in rules or
    43  regulations promulgated by the department, no other person may  initiate
    44  a deposit on a beverage container sold in New York state.
    45    4.  For  the  purposes  of this title, there shall be only one deposit
    46  initiator for the same type of beverage container who is responsible for
    47  the proper initiation of  deposits  on  such  beverage  containers;  the
    48  collection  of  empty beverage containers; and the payment of all refund
    49  values and handling fees on those containers for each  geographic  sales
    50  area in New York state.
    51    5.  a.  A deposit initiator shall initiate deposits on filled beverage
    52  containers sold to any other person outside of this state who intends to
    53  sell such beverage containers for use or consumption in this state,  and
    54  any such sales into the state by any such other person must be accurate-
    55  ly reported to the original deposit initiator in writing.

        S. 1508--A                         14                         A. 2008--A
     1    b.  A  registered  deposit initiator that sells beverage containers to
     2  purchasers at locations outside of the state without initiating a depos-
     3  it shall inform the purchaser  in  writing  that  such  filled  beverage
     4  containers  cannot  be  sold  in  New York state without a deposit being
     5  initiated by the appropriate deposit initiator.
     6    6. A deposit initiator may contract in writing with an agent to act on
     7  behalf  of  the  deposit  initiator  to  pick up, process, or administer
     8  payments of deposits and handling  fees  on  empty  beverage  containers
     9  accepted  from  redemption  centers and dealers on behalf of the deposit
    10  initiator. As used in this title, the  term  "deposit  initiator"  shall
    11  also  include  the  agent  of  the deposit initiator when referring to a
    12  deposit initiator's pickup and redemption requirements. An  agent  of  a
    13  deposit initiator shall comply with all of the deposit initiator's pick-
    14  up  and  redemption  requirements,  unless  otherwise specified in their
    15  written agreement with the deposit initiator.
    16    § 3. Paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8,  9,  10,
    17  11  and  12  of  section  27-1007 of the environmental conservation law,
    18  paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8, 9, 10 and 11 as
    19  added by section 4 of part SS of chapter 59 of the  laws  of  2009,  and
    20  subdivision 12 as added by section 3 of part F of chapter 58 of the laws
    21  of  2013,  are  amended  and two new subdivisions 13 and 14 are added to
    22  read as follows:
    23    (a) A dealer shall accept at his or  her  place  of  business  from  a
    24  redeemer  any  empty  beverage  containers  of  the design, shape, size,
    25  color, composition and brand sold or offered for sale by the dealer, and
    26  shall pay to the  redeemer  the  refund  value  of  each  such  beverage
    27  container  as  established in section 27-1005 of this title. Redemptions
    28  of refund value must be in legal tender, or a scrip or  receipt  from  a
    29  reverse  vending  machine,  provided  that  the  scrip or receipt can be
    30  exchanged for legal tender for a period of  not  less  than  sixty  days
    31  without  requiring the purchase of other goods.  If the scrip or receipt
    32  from a reverse vending machine expires,  the  expiration  date  must  be
    33  indicated  on such scrip or receipt, or the dealer must post a conspicu-
    34  ous sign indicating how many days a redeemer has to exchange  the  scrip
    35  or  receipt  for  legal  tender. If notification of an expiration is not
    36  provided, a dealer must redeem the full refund value  indicated  on  any
    37  legible  scrip  or  receipt.  The  use  or presence of a reverse vending
    38  machine shall not relieve a dealer of any obligations  imposed  pursuant
    39  to  this  section.  If  a  dealer  utilizes a reverse vending machine to
    40  redeem containers, the  dealer  shall  provide  redemption  of  beverage
    41  containers  when  the  reverse  vending  machine  is full, broken, under
    42  repair or does not accept a type of beverage container sold  or  offered
    43  for  sale  by such dealer and may not limit the hours or days of redemp-
    44  tion except as provided by subdivision three of this section.
    45    3. [On or after June first, two  thousand  nine,  a]  A  dealer  whose
    46  primary  business  is the sale of food or beverages for consumption off-
    47  premises and whose place of business is less than  ten  thousand  square
    48  feet  in  size  may  limit the number of empty beverage containers to be
    49  accepted for redemption at the dealer's place of  business  to  no  less
    50  than  seventy-two containers per visit, per redeemer, per day[, provided
    51  that:
    52    (a) The dealer has a written agreement with a redemption center, be it
    53  either at a fixed physical location within the same  county  and  within
    54  one-half  mile of the dealer's place of business, or a mobile redemption
    55  center, operated by a redemption center, that  is  located  within  one-
    56  quarter  mile  of  the dealer's place of business. The redemption center

        S. 1508--A                         15                         A. 2008--A

     1  must have a written agreement with the dealer to  accept  containers  on
     2  behalf  of  the  dealer;  and the redemption center's hours of operation
     3  must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case  of
     4  a  mobile  redemption center, the hours of operation must cover at least
     5  four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
     6  er must post a conspicuous, permanent sign, meeting the size  and  color
     7  specifications  set  forth  in  subdivision two of this section, open to
     8  public view, identifying the location and  hours  of  operation  of  the
     9  affiliated redemption center or mobile redemption center; and
    10    (b)  The  dealer provides, at a minimum, a consecutive two hour period
    11  between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
    12  to  two  hundred  forty  containers,  per redeemer, per day, and posts a
    13  conspicuous, permanent sign, meeting the size and  color  specifications
    14  set forth in subdivision two of this section, open to public view, iden-
    15  tifying  those  hours. The dealer may not change the hours of redemption
    16  without first posting a thirty day notice; and
    17    (c) The dealer's primary business is the sale of food or beverages for
    18  consumption off-premises, and the dealer's place  of  business  is  less
    19  than ten thousand square feet in size].
    20    5.  [A]  The  failure  of a deposit [initiator's] initiator, a deposit
    21  initiator's agent, or [distributor's failure] a distributor to  pick  up
    22  empty  beverage containers[, including containers processed in a reverse
    23  vending machine,] from a redemption center, dealer or the operator of  a
    24  reverse vending machine, shall be a violation of this title.
    25    7.  A  deposit  initiator  [on  a  brand] who initiates a deposit on a
    26  beverage container shall accept from [a] any other deposit initiator  or
    27  distributor  who  [does]  did  not initiate [deposits] a deposit on that
    28  [brand any empty] beverage [containers of that brand] any empty beverage
    29  container accepted by the other deposit initiator or distributor from  a
    30  dealer  or operator of a redemption center and shall reimburse the other
    31  deposit initiator or distributor the refund value of each such  beverage
    32  container, as established by section 27-1005 of this title. In addition,
    33  the  deposit  initiator  shall reimburse such other deposit initiator or
    34  distributor for each such beverage container  the  handling  fee  estab-
    35  lished  under  subdivision  six  of  this  section  that was paid by the
    36  redeeming distributor or deposit initiator.  Without limiting the rights
    37  of the department or any person, firm or corporation under this subdivi-
    38  sion or any other provision of this [section] title, a distributor shall
    39  have a civil right of action to  enforce  this  subdivision,  including,
    40  upon three days notice, the right to apply for temporary and preliminary
    41  injunctive  relief against continuing violations, and until arrangements
    42  for collection and return of empty containers or reimbursement of [such]
    43  the redeeming distributor for such deposits and handling fees are made.
    44    8. It shall be the responsibility of the deposit initiator or distrib-
    45  utor to provide to a dealer or redemption center a sufficient number  of
    46  bags, cartons, or other suitable containers, at no cost, for the packag-
    47  ing,  handling  and  pickup  of  empty  beverage containers that are not
    48  redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
    49  containers must be provided by the deposit initiator or distributor on a
    50  schedule  that allows the dealer or redemption center sufficient time to
    51  sort the empty beverage containers prior  to  pick  up  by  the  deposit
    52  initiator or distributor. In addition:
    53    (a)  When picking up empty beverage containers, a deposit initiator or
    54  distributor shall not require a dealer  or  redemption  center  to  load
    55  their  own  bags,  cartons or containers onto or into the deposit initi-
    56  ator's or distributor's vehicle or vehicles  or  provide  the  staff  or

        S. 1508--A                         16                         A. 2008--A
     1  equipment  needed  to  do  so.    However, where pallets or skids, bags,
     2  cartons or containers are readily movable only by means of a forklift or
     3  similar equipment, a deposit initiator  or  distributor  may  require  a
     4  dealer  or redemption center to move or load such items at no cost using
     5  a forklift or similar equipment belonging to the  dealer  or  redemption
     6  center.
     7    (b)  For  empty  containers  not  processed  through a reverse vending
     8  machine, a dealer or redemption center may provide to a  deposit  initi-
     9  ator or a distributor a signed, written statement attesting to the count
    10  of  the  number of containers tendered for redemption. If such statement
    11  is provided, the deposit initiator or distributor shall pay the  redemp-
    12  tion  center  or dealer all applicable refunds and handling fees for the
    13  containers as indicated on such statement, unless discrepancies  discov-
    14  ered  during the course of an audit are documented by the deposit initi-
    15  ator or distributor and the reasons for the discrepancies  are  provided
    16  in  writing  to  the redemption center or dealer. A deposit initiator or
    17  distributor [shall not] may require  a  redemption  center  or  dealer's
    18  count  of  empty  containers to be [counted] audited at a location other
    19  than the redemption center or dealer's place of business, if the redemp-
    20  tion center or dealer refuses to allow an audit to be conducted  at  the
    21  redemption  center  or  dealer's place of business, if there is insuffi-
    22  cient space to conduct an audit, or if an audit cannot be completed in a
    23  safe, secure location protected from weather conditions. The  dealer  or
    24  redemption  center  shall have the right to be present at [the count] an
    25  audit conducted at a location other than the redemption center or  deal-
    26  er's place of business.
    27    (c)  A  deposit  initiator or distributor shall pick up empty beverage
    28  containers from the dealer or redemption center at reasonable times  and
    29  intervals  as  determined  in  rules  or  regulations promulgated by the
    30  department.
    31    9. No person shall return or assist another to return to a  dealer  or
    32  redemption  center  an  empty beverage container for its refund value if
    33  such container had previously been accepted for redemption by a  dealer,
    34  redemption  center,  [or] distributor, a deposit initiator who initiates
    35  deposits on beverage containers of the same brand,  or  an  agent  of  a
    36  deposit initiator, or if such empty container was previously accepted by
    37  a reverse vending machine.
    38    10.  A  redeemer, dealer, distributor, deposit initiator or redemption
    39  center shall not knowingly redeem an empty beverage container  that  was
    40  not  sold  as a filled container in the state and on which a deposit was
    41  never paid in New York state, and shall only pay deposits on the  actual
    42  number   of   empty   beverage  containers  tendered  and  accepted  for
    43  redemption.
    44    11. [Notwithstanding the provisions  of  subdivision  two  of  section
    45  27-1009  of  this title, a deposit initiator or distributor shall accept
    46  and redeem beverage containers as provided in this title, if the  dealer
    47  or  operator  of  a  redemption  center shall have accepted and paid the
    48  refund value of such beverage containers.] Once the refund value  of  an
    49  empty beverage container has been paid by a deposit initiator who initi-
    50  ates deposits on that type of beverage container, no person may knowing-
    51  ly accept that empty beverage container from, or give or sell it to, any
    52  person for the purpose of obtaining the refund value from any person.
    53    12. No person shall [intentionally] program, tamper with, render inac-
    54  curate,  or circumvent the proper operation of a reverse vending machine
    55  [to wrongfully elicit deposit monies when no valid, redeemable  beverage

        S. 1508--A                         17                         A. 2008--A

     1  container has been placed in and properly processed by the reverse vend-
     2  ing machine].
     3    13.  No  person  shall transport empty beverage containers from out of
     4  state into New York state for the purpose  of  tendering  such  beverage
     5  containers for redemption.
     6    14. a. Reverse vending machines shall be designed to prevent the frau-
     7  dulent redemption of containers by utilizing the best available technol-
     8  ogy and provide an accurate report containing the following information:
     9    (i)  the  number  of  containers placed in the reverse vending machine
    10  over a predetermined time period;
    11    (ii) the product name of each beverage container placed in the reverse
    12  vending machine; and
    13    (iii) the material type and size of each beverage container placed  in
    14  the reverse vending machine.
    15    b.  All  reverse  vending  machines shall be audited by an independent
    16  third-party auditor at least twice per year, but  not  within  any  four
    17  consecutive months.
    18    c.  A  reverse vending machine, any report provided from such machine,
    19  and any audit of a reverse vending machine, are  subject  to  inspection
    20  and  audit  by the department. The department of taxation and finance is
    21  authorized to audit any report from a reverse vending machine.
    22    § 4. Section 27-1009 of the environmental conservation law, as amended
    23  by section 4 of part F of chapter 58 of the laws of 2013, is amended  to
    24  read as follows:
    25  § 27-1009. Refusal of acceptance.
    26    1.  A  dealer or operator of a redemption center [may] shall refuse to
    27  accept from a redeemer, and a deposit  initiator  or  distributor  [may]
    28  shall  refuse to accept from a dealer or operator of a redemption center
    29  any empty beverage container which does not state thereon a refund value
    30  as established by section 27-1005 and provided  by  section  27-1011  of
    31  this title.
    32    2.  A  dealer  [or],  operator of a redemption center, distributor, or
    33  deposit initiator may also refuse  to  accept  any  broken  bottle,  any
    34  corroded,  crushed  or  dismembered container, or any beverage container
    35  which [contains a significant amount of foreign material]  is  otherwise
    36  altered  so that it is rendered unredeemable, as determined in rules and
    37  regulations to be promulgated by the commissioner.   Such  refusal  must
    38  occur  at  the  time  the beverage container is tendered for redemption.
    39  Notwithstanding the foregoing, containers processed  through  a  reverse
    40  vending  machine  authorized  by  a distributor or deposit initiator, as
    41  documented through reverse vending machine reconciliation statements  or
    42  other  reasonable  documentation,  shall be accepted by a distributor or
    43  deposit initiator.
    44    § 5. Paragraph b of subdivision 1 of section 27-1011 of  the  environ-
    45  mental conservation law, as amended by section 5 of part F of chapter 58
    46  of the laws of 2013, is amended and a new subdivision 4 is added to read
    47  as follows:
    48    b.  Such  embossing  or permanent imprinting on the beverage container
    49  shall be the responsibility of the person,  firm  or  corporation  which
    50  bottles,  cans  or otherwise fills or packages a beverage container or a
    51  brand owner for whose exclusive  account  private  label  beverages  are
    52  bottled,  canned or otherwise packaged; provided, however, that the duly
    53  authorized agent of any such person, firm or  corporation  may  indicate
    54  such  refund value by a label securely affixed on any beverage container
    55  containing beverages imported into  the  United  States.  Private  label
    56  beverages  shall  be  defined as beverages [purchased from a bottler] in

        S. 1508--A                         18                         A. 2008--A
     1  beverage containers bearing a brand  name  or  trademark  for  sale  [at
     2  retail] or distribution, directly by the owner or licensee of such brand
     3  name  or  trademark;  or  through  [retail] dealers affiliated with such
     4  owner or licensee by a cooperative [or], franchise, or other agreement.
     5    4. No person shall sell in this state a drink container that indicates
     6  a  New  York  state  refund  value  if  the container is not a "beverage
     7  container," as that term is defined by section 27-1003 of this title.
     8    § 6. Subdivision 1, paragraphs a and b of subdivision 4,  subdivisions
     9  8  and  12  of  section  27-1012  of the environmental conservation law,
    10  subdivision 1, paragraphs a and b of subdivision 4 and subdivision 8  as
    11  added  by  section  8  of part SS of chapter 59 of the laws of 2009, and
    12  subdivision 12 as amended by section 6 of part F of chapter  58  of  the
    13  laws of 2013, are amended to read as follows:
    14    1.  Each  deposit initiator shall deposit in a refund value account an
    15  amount equal to the refund value initiated under section 27-1005 of this
    16  title which is received with respect to each beverage container sold  by
    17  such deposit initiator. Such deposit initiator shall hold the amounts in
    18  the  refund value account in trust for the state. A refund value account
    19  shall be an interest-bearing account established in a  banking  institu-
    20  tion  located  in  this  state,  the deposits in which are insured by an
    21  agency of the federal government. Deposits  of  such  amounts  into  the
    22  refund value account shall be made not less frequently than every [five]
    23  thirty  business days. All interest, dividends and returns earned on the
    24  refund value account shall be  paid  directly  into  said  account.  The
    25  monies  in such accounts shall be kept separate and apart from all other
    26  monies in the possession of the deposit initiator. The  commissioner  of
    27  taxation  and finance may specify a system of accounts and records to be
    28  maintained with respect to accounts established under this subdivision.
    29    a. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
    30  balance  outstanding  in  the  refund value account at the close of each
    31  quarter shall be paid to the commissioner of taxation and finance at the
    32  time the report provided for in subdivision three  of  this  section  is
    33  required to be filed.  However, a deposit initiator who initiates depos-
    34  its  on  beverage  containers  with  a  universal product code and label
    35  design that is unique to this state, or used only in this state and  any
    36  other  states that have a law substantially similar to this title, shall
    37  be entitled to pay an amount equal to only sixty percent of the  balance
    38  outstanding  in  the  refund value account attributable to such beverage
    39  containers at the close of each quarter to the commissioner of  taxation
    40  and  finance at the time the report provided for in subdivision three of
    41  this section is required to be filed. The commissioner of  taxation  and
    42  finance  may  require  that  the  payments  be  made electronically. The
    43  remaining twenty percent of the balance outstanding at the close of each
    44  quarter shall be the monies of the deposit initiator and  may  be  with-
    45  drawn  from  such account by the deposit initiator. If the provisions of
    46  this section with respect to such account have not been  fully  complied
    47  with,  each  deposit  initiator  shall  pay to such commissioner at such
    48  time, in lieu of the amount described  in  the  preceding  sentence,  an
    49  amount  equal  to  the balance which would have been outstanding on such
    50  date had such provisions been fully complied with. The  commissioner  of
    51  taxation  and  finance  may  require that the payments be made electron-
    52  ically.
    53    b. Refund value account shortfall. In the event  a  deposit  initiator
    54  pays  out  more  in refund values than it collects in deposits of refund
    55  values during the course of a quarterly period as described in  subdivi-
    56  sion  three  of  this  section,  the  deposit initiator may apply to the

        S. 1508--A                         19                         A. 2008--A
     1  commissioner of taxation and finance for a refund of the amount of  such
     2  excess payment of refund values from sources other than the refund value
     3  account,  in  the manner as provided by the commissioner of taxation and
     4  finance.  A  deposit  initiator  must  apply  for a refund no later than
     5  twelve months after the due date for filing the quarterly report for the
     6  quarterly period for which the refund claim is made. No  interest  shall
     7  be  payable  for any refund paid pursuant to this paragraph.  However, a
     8  deposit initiator who initiates deposits on beverage containers that  do
     9  not  have  a  universal  product code and label design that is unique to
    10  this state or used only in this state and any other states that  have  a
    11  law  substantially  similar  to  this  title  shall not be entitled to a
    12  refund pursuant to this subdivision.
    13    8. The commissioner of taxation and finance may  require  the  mainte-
    14  nance  of  such  accounts,  records or documents relating to the sale of
    15  beverage  containers,  by  any  deposit  initiator,  [bottler]  beverage
    16  manufacturer,  distributor,  dealer or redemption center as such commis-
    17  sioner may deem appropriate for the administration of this section. Such
    18  commissioner may make examinations, including the  conduct  of  facility
    19  inspections during regular business hours, with respect to the accounts,
    20  records  or  documents required to be maintained under this subdivision.
    21  Such accounts, records and documents shall be preserved for a period  of
    22  three  years,  except  that  such  commissioner  may  consent  to  their
    23  destruction within that period or may require that they be kept  longer.
    24  Such  accounts,  records and documents may be kept within the meaning of
    25  this subdivision  when  reproduced  by  any  photographic,  photostatic,
    26  microfilm,  micro-card,  miniature  photographic  or other process which
    27  actually reproduces the original accounts, records or documents.
    28    12. a. Each deposit initiator shall provide a report to the department
    29  describing all the types of beverage containers on  which  it  initiates
    30  deposits.  The  report shall include the product name, type of beverage,
    31  size and composition of the beverage container, universal product  code,
    32  the  ways in which the deposit initiator attempts to prevent the fraudu-
    33  lent sale and redemption of brands of beverage containers it sells,  and
    34  any other information the department may require. Upon request, a depos-
    35  it initiator shall also provide to the department a copy of the contain-
    36  er label or a picture of any beverage container sold or offered for sale
    37  in this state on which it initiates a deposit. Such information shall be
    38  provided  in  a form as prescribed by the department. The department may
    39  require that such forms be filed electronically.
    40    b. A [bottler] beverage manufacturer may place on a beverage container
    41  a universal product code or other distinctive marking that  is  specific
    42  to  the  state  or used only in the state and any other states with laws
    43  substantially similar to this title as a means of preventing the sale or
    44  redemption of beverage containers on which no deposit was initiated.
    45    c. A [bottler] beverage manufacturer or deposit initiator shall notify
    46  the department, in a form  prescribed  by  the  department,  whenever  a
    47  beverage  container  or  beverage container label is revised by altering
    48  the universal product  code,  or  whenever  the  container  on  which  a
    49  universal  product code appears is changed in size, composition or glass
    50  color, or whenever the container or container label on which a universal
    51  product code appears is changed to include a universal product code that
    52  is unique to the state or used only in the state and  any  other  states
    53  with laws substantially similar to this title.
    54    d.  The  department  may  require  the  maintenance  of such accounts,
    55  records or documents relating to the sale  and  redemption  of  beverage
    56  containers,  by any deposit initiator,  beverage manufacturer, distribu-

        S. 1508--A                         20                         A. 2008--A
     1  tor, dealer or redemption center as the department may deem  appropriate
     2  for  the administration of  this title. The department may make examina-
     3  tions, including  conducting facility inspections during  regular  busi-
     4  ness  hours, with respect to the accounts, records or documents required
     5  to be maintained under this subdivision. Such  accounts,  records    and
     6  documents  shall  be preserved for a period of three years,  except that
     7  the department may consent to their destruction within  that  period  or
     8  may  require that they be kept longer.  Such accounts, records and docu-
     9  ments may be kept within the meaning of this subdivision when reproduced
    10  by  any  photographic,  photostatic,  microfilm,  micro-card,  miniature
    11  photographic  or    other process which actually reproduces the original
    12  accounts,  records or documents.
    13    § 7. Section 27-1014 of the environmental conservation law, as amended
    14  by section 10 of part SS of chapter 59 of the laws of 2009,  is  amended
    15  to read as follows:
    16  § 27-1014. Authority to promulgate rules and regulations.
    17    In  addition  to  the  authority  of  the commissioner, under sections
    18  27-1007, 27-1009, 27-1011, 27-1012,  and  27-1013  of  this  title,  the
    19  commissioner  shall  have  the power to promulgate rules and regulations
    20  necessary and appropriate for the administration of this  title  and  to
    21  prevent  the  fraudulent  sale,  labeling  and  redemption  of  beverage
    22  containers in New York state.
    23    § 8. Section 27-1015 of the environmental conservation law, as amended
    24  by section 8 of part F of chapter 58 of the laws of 2013 and subdivision
    25  5-a as added by section 9 of part F of chapter 58 of the laws  of  2013,
    26  is amended to read as follows:
    27  § 27-1015. Violations.
    28    1. Civil and administrative sanctions. a. Except as otherwise provided
    29  in this section and section 27-1012 of this title, any person who [shall
    30  violate]  violates  any  [provision]  of  the provisions of, or fails to
    31  perform a duty imposed by this title, or any rule or regulation  promul-
    32  gated  pursuant thereto, or any term or condition of any registration or
    33  permit issued pursuant thereto, or any final determination or  order  of
    34  the  commissioner  made  pursuant  to this title shall be liable [to the
    35  state of New York] for a civil penalty of not  more  than  five  hundred
    36  dollars  for each violation, and an additional civil penalty of not more
    37  than five hundred dollars for each day during which each such  violation
    38  continues. Any civil penalty may be assessed by the commissioner follow-
    39  ing  a  hearing or opportunity to be heard or by the court in any action
    40  or proceeding pursuant to section 71-2727 of this chapter. In  addition,
    41  such  person  may  by  similar  process be enjoined from continuing such
    42  violation and any  permit or registration issued to such person  may  be
    43  revoked or suspended or a pending renewal application denied.
    44    [2.]  b.  [Any] In addition to any penalties imposed by the department
    45  of taxation and finance as provided in section 27-1012  of  this  title,
    46  any  distributor,  deposit  initiator,  redemption  center or dealer who
    47  violates any provision of this title, [except  as  provided  in  section
    48  27-1012  of  this  title,]  or  fails  to perform a duty imposed by this
    49  title, or any rule or regulation promulgated pursuant  thereto,  or  any
    50  term or condition of any registration or permit issued pursuant thereto,
    51  or any final determination or order of the commissioner made pursuant to
    52  this title shall be liable [to the state of New York] for a civil penal-
    53  ty  of  not  more  than  one thousand dollars for each violation, and an
    54  additional civil penalty of not more than one thousand dollars for  each
    55  day during which each such violation continues. Any civil penalty may be
    56  assessed following a hearing or opportunity to be heard, or by the court

        S. 1508--A                         21                         A. 2008--A
     1  in any action or proceeding pursuant to section 71-2727 of this chapter.
     2  In  addition, such deposit initiator or distributor may by similar proc-
     3  ess be enjoined from continuing such violation and any permit or  regis-
     4  tration  issued  to such person may be revoked or suspended or a pending
     5  renewal application denied.
     6    2. Criminal sanctions. a. Any person who, having any of  the  culpable
     7  mental  states  defined  in section 15.05 of the penal law, violates any
     8  provision of or who fails to perform any duty imposed by this title,  or
     9  any rule or regulation promulgated pursuant thereto, or any final deter-
    10  mination  or order of the commissioner made pursuant to this title shall
    11  be guilty of a violation and, upon conviction, shall be  punished  by  a
    12  fine  of not more than five hundred dollars for each violation; each day
    13  on which such violation occurs shall constitute  a  separate  violation;
    14  and   for  each  such  violation  the  person  shall  be  subject,  upon
    15  conviction, to imprisonment for not more than fifteen days or to a  fine
    16  of not more than five hundred dollars, or to both imprisonment and fine.
    17    b.  In addition to any penalties imposed by the department of taxation
    18  and finance as provided in section 27-1012 of this title, any  distribu-
    19  tor  or  deposit initiator who, having any of the culpable mental states
    20  defined in section 15.05 of the penal law, violates any provision of  or
    21  who  fails  to  perform  any  duty imposed by this title, or any rule or
    22  regulation promulgated pursuant thereto, or any final  determination  or
    23  order of the commissioner made pursuant to this title shall be guilty of
    24  a  violation  and,  upon  conviction, shall be punished by a fine of not
    25  more than one thousand dollars for each violation;  each  day  on  which
    26  such  violation  occurs  shall  constitute a separate violation; and for
    27  each such violation the person shall be  subject,  upon  conviction,  to
    28  imprisonment  for  not  more  than fifteen days or to a fine of not more
    29  than one thousand dollars, or to both such imprisonment and such fine.
    30    [3.] c. It shall be unlawful for [a distributor or deposit  initiator]
    31  any person, acting alone or aided by another, to return any empty bever-
    32  age container to a dealer [or], redemption center, distributor or depos-
    33  it  initiator  for  its  refund  value if [the] a distributor or deposit
    34  initiator had previously accepted such beverage container from any deal-
    35  er or operator of a redemption center or if such container was previous-
    36  ly accepted by a reverse vending machine. A violation of this  [subdivi-
    37  sion]  paragraph shall be a misdemeanor punishable by a fine of not less
    38  than five hundred dollars nor more than  one  thousand  dollars  and  an
    39  amount  equal  to  two times the amount of money received as a result of
    40  such violation, or imprisonment for not more than one year, or  to  both
    41  such imprisonment and such fines.
    42    d. In addition to any other penalty provided by this title, any person
    43  who violates subdivision twelve of section 27-1007 of this title, or any
    44  rule  or  regulation promulgated pursuant thereto, or any final determi-
    45  nation or order of the commissioner made pursuant to this title shall be
    46  guilty of a misdemeanor and, upon conviction, shall  be  punished  by  a
    47  fine  of  not more than one thousand dollars per day of violation, or by
    48  imprisonment for not more than one year, or by both such fine and impri-
    49  sonment.
    50    e. In addition to any other penalty provided by this title, any  deal-
    51  er,  distributor  or  deposit  initiator, who knowingly or intentionally
    52  violates any provision of or who fails to perform any  duty  imposed  by
    53  section  27-1005  or  27-1012  of  this title, or any rule or regulation
    54  promulgated pursuant thereto, or any final determination or order of the
    55  commissioner made pursuant to this title shall be guilty of a  misdemea-
    56  nor  and,  upon conviction, shall be punished by a fine of not more than

        S. 1508--A                         22                         A. 2008--A
     1  one thousand dollars per day of violation, or by  imprisonment  for  not
     2  more than one year, or by both such fine and imprisonment.
     3    3. Any product sold or distributed in the state that is not in compli-
     4  ance  with  the  deposit initiator registration or the labeling require-
     5  ments established in this title may be removed from sale by the  depart-
     6  ment and the attorney general.
     7    4.  Any  person  who  [willfully]  tenders  to  a dealer, distributor,
     8  redemption center or  deposit  initiator  more  than  forty-eight  empty
     9  beverage  containers  for  which  such person knows or should reasonably
    10  know that no deposit was paid in New York state may be assessed [by  the
    11  department]  a  civil  penalty  of  up  to  one hundred dollars for each
    12  container or up to twenty-five thousand dollars for each such tender  of
    13  containers.  At  each  location  where  a  person tenders containers for
    14  redemption, dealers and redemption centers must conspicuously display  a
    15  sign  in letters that are at least one inch in height with the following
    16  information: "WARNING:  Persons tendering for redemption  containers  on
    17  which  a  deposit was never paid in this state may be subject to a civil
    18  penalty of up to one hundred dollars per container or up to  twenty-five
    19  thousand  dollars for each such tender of containers." Any civil penalty
    20  may be assessed by the commissioner following a hearing  or  opportunity
    21  to  be  heard,  or  by the court in any action or proceeding pursuant to
    22  section 71-2727 of this chapter. In addition, such person may by similar
    23  process be enjoined from continuing such violation  and  any  permit  or
    24  registration  issued  to  such  person  may be revoked or suspended or a
    25  pending renewal application denied.
    26    5. a. The department, the department of agriculture and  markets,  the
    27  department  of  taxation and finance and the attorney general are hereby
    28  authorized to enforce the  provisions  of  this  title  and  all  monies
    29  collected  shall  be  deposited  to  the  credit  of  the  environmental
    30  protection fund established pursuant  to  section  ninety-two-s  of  the
    31  state  finance  law.  In  addition, the provisions of section 27-1005 of
    32  this title and subdivisions one, two, three, four, five, ten and  eleven
    33  of section 27-1007 of this title may be enforced by a county, city, town
    34  or  village and the local legislative body thereof may adopt local laws,
    35  ordinances or regulations consistent with this title providing  for  the
    36  enforcement of such provisions.
    37    b.  In addition, without limiting the rights of the department, or any
    38  person,  firm  or  corporation  under  this  subdivision  or  any  other
    39  provision  of  this section, a dealer, owner or operator of a redemption
    40  center, distributor, or deposit initiator shall have a  civil  right  of
    41  action  to  enforce  the provisions of section 27-1009 of this title and
    42  subdivisions four, five, six, and  eight  of  section  27-1007  of  this
    43  title.
    44    5-a.  The  [city of New York, Nassau county and Suffolk county] county
    45  district attorney offices of all counties in this state are entitled  to
    46  retain  [twenty-five] fifty percent of all monies collected as criminal,
    47  civil, and administrative fines or penalties pursuant to enforcement  of
    48  section 27-1005 of this chapter.
    49    6. (a) Any person who willfully violates or directs another to violate
    50  the  requirements  to  collect  or  charge  the  refund value imposed by
    51  section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
    52  this title on five thousand or more beverage containers in one  or  more
    53  separate  transactions  within  one  year  shall  be guilty of a class B
    54  misdemeanor.
    55    (b) Any person, having previously been convicted  of  a  violation  of
    56  paragraph (a) of this section within the past three years, who willfully

        S. 1508--A                         23                         A. 2008--A
     1  violates  or  directs  another to violate the requirements to collect or
     2  charge the refund value imposed by section 27-1005  or  paragraph  a  of
     3  subdivision  nine  of  section 27-1012 of this title on five thousand or
     4  more beverage containers in one or more separate transactions within one
     5  year shall be guilty of a class A misdemeanor.
     6    (c)  Any  person  who willfully violates or directs another to violate
     7  the requirements to collect  or  charge  the  refund  value  imposed  by
     8  section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
     9  this title on twenty thousand or more beverage containers in one or more
    10  separate transactions within one year shall be guilty of a class E felo-
    11  ny.
    12    Nothing in this subdivision shall apply to common or contract carriers
    13  or  warehousemen  while engaged in lawfully transporting or storing such
    14  containers as merchandise, nor to any employee of such carrier or  ware-
    15  houseman  acting  within  the scope of his or her employment.  The above
    16  notwithstanding, if a person is observed selling, offering for sale,  or
    17  otherwise   distributing  for  compensation  containers,  of  which  the
    18  requirements to collect or charge the refund value  imposed  by  section
    19  27-1005  or  paragraph a of subdivision nine of section 27-1012 have not
    20  been complied with, it shall  be  presumptive  evidence  that  all  such
    21  containers  in  such  person's possession are considered being possessed
    22  with the intent to sell in New York state. It shall  be  an  affirmative
    23  defense  to  the  above  presumptive evidence clause that containers, as
    24  described above, are not being possessed with the intent to sell in  New
    25  York  state,  as  long  as  the  entity  maintains  with the containers,
    26  invoices, purchase orders, or other verifiable business records accepta-
    27  ble to the department, which clearly document that  the  containers  are
    28  intended for sale to customers outside of New York state.
    29    7.  A  violation  of  this title, except as otherwise provided in this
    30  section and section 27-1012 of this title, shall be a public nuisance.
    31    8. All officers and employees, designated by the commissioner, and all
    32  police officers shall have power to seize as  evidence  without  warrant
    33  any beverage container, whether full or empty, and any container includ-
    34  ing  motor vehicles containing such containers, whenever they have cause
    35  to believe it is possessed or transported in violation  of  law,  or  it
    36  bears  evidence  of  illegal  sale  or redemption, or it is possessed or
    37  transported under circumstances making the possession or  transportation
    38  presumptive evidence of illegal sale or redemption.
    39    9. If the defendant is held liable or found guilty in any prosecution,
    40  civil  or criminal, for a violation involving the illegal sale or intent
    41  to sell beverages requiring a  deposit  or  the  illegal  redemption  of
    42  returnable  beverage  containers  in violation of any provisions of this
    43  title, or if the defendant shall effect a civil compromise of any action
    44  or cause of action in favor of the state arising out of such  violation,
    45  the  defendant's interest in any and all beverages, beverage containers,
    46  whether full or empty, and any vehicle or other conveyance  used  during
    47  the commission of the violation of such provisions shall be forfeited to
    48  the state.
    49    §  9.  Section 12 of part F of chapter 58 of the laws of 2013 amending
    50  the environmental conservation law and the state finance law relating to
    51  the "Cleaner, Greener NY Act of 2013", as amended by section 2-b of part
    52  JJ of chapter 58 of the laws of 2017, is amended to read as follows:
    53    § 12. This act shall take effect immediately and shall  be  deemed  to
    54  have been in full force and effect on and after April 1, 2013; provided,
    55  however,  that  the  amendments to subdivision 5-a of section 27-1015 of

        S. 1508--A                         24                         A. 2008--A
     1  the environmental conservation law, as added by  section  nine  of  this
     2  act, shall expire and be deemed repealed on April 1, [2019] 2021.
     3    §  10.  This  act shall take effect on the sixtieth day after it shall
     4  have become a law, provided, however, that section one of this act shall
     5  take effect on April 1, 2020, and provided further that section nine  of
     6  this  act shall take effect immediately and shall be deemed to have been
     7  in full force and effect on  and  after  April  1,  2019;  and  provided
     8  further that the amendments to subdivision 5-a of section 27-1015 of the
     9  environmental  conservation  law made by section eight of this act shall
    10  not affect the repeal of such subdivision and shall be  deemed  repealed
    11  therewith.
    12                                   PART G
    13    Section  1.  The environmental conservation law is amended by adding a
    14  new section 3-0321 to read as follows:
    15  § 3-0321. Conditional gifts, donations, capital improvements.
    16    1. Notwithstanding the provisions of the state  finance  law,  or  any
    17  other state law to the contrary, and subject to approval of the director
    18  of  the  budget,  the commissioner is authorized to accept a conditional
    19  grant, gift, devise or bequest, either  absolutely  or  in  trust,  from
    20  persons  and  entities  for the maintenance of any educational or recre-
    21  ational facilities or for programs that promote the  use or  stewardship
    22  of  department owned lands; establish a special fund or funds consisting
    23  of monies so acquired and administer such fund or funds; and expend such
    24  monies in accordance with the  terms  and  conditions  of  such  grants,
    25  gifts, devises or bequests.
    26    2.  Notwithstanding  the  provisions  of the state finance law, or any
    27  other state law to the contrary, the commissioner is authorized to:
    28    (a) receive, hold and administer  personal  property  and  any  income
    29  thereof,  acquired  by grant, gift, devise or bequest, either absolutely
    30  or in trust, for the maintenance  of  any  educational  or  recreational
    31  facilities  or  for  programs  that  promote  the  use or stewardship of
    32  department owned lands; establish a special fund or funds consisting  of
    33  monies  so  acquired  and administer such fund or funds; and expend such
    34  monies;
    35    (b) enter into contracts or other agreements with private philanthrop-
    36  ic interests or not-for-profit corporations to provide, either in  whole
    37  or in part, maintenance of any educational or recreational facilities or
    38  programs  that  promote the use or stewardship of department owned lands
    39  and authorize the use of department owned facilities or lands  for  such
    40  private   philanthropic  interests  or  not-for-profit  corporations  to
    41  conduct fund-raising activities for the support of such  educational  or
    42  recreational facilities or programs;
    43    (c)  enter  into  cooperative agreements in furtherance of the depart-
    44  ment's mission with persons or entities to promote outdoor  recreational
    45  activities  and provide use of outdoor recreational equipment and oppor-
    46  tunities for the public benefit on department owned lands; and
    47    (d) seek investment from private philanthropic  interest  or  not-for-
    48  profit corporations for capital improvements at department owned facili-
    49  ties.
    50    3.  The  commissioner  shall  not  accept  any  grant, gift, devise or
    51  bequest from or enter into any contract or agreement authorized pursuant
    52  to subdivision one of this section with persons or entities:
    53    (a) named in a pending lawsuit by or against the department;
    54    (b) under investigation by the department;

        S. 1508--A                         25                         A. 2008--A
     1    (c) with a permit or license application pending  before  the  depart-
     2  ment;
     3    (d)  engaged  in settlement negotiations with the department regarding
     4  any civil, criminal or administrative matter; or
     5    (e) subject to a consent order issued by the department.
     6    § 2. This act shall take effect immediately.
     7                                   PART H
     8    Section 1. Subdivisions 4 and 6 of section  27-2701  of  the  environ-
     9  mental  conservation  law,  as added by chapter 641 of the laws of 2008,
    10  are amended and a new subdivision 8 is added to read as follows:
    11    4. "Plastic carryout bag" means [a plastic carryout] any film  plastic
    12  bag  provided  [by  a  store] to a customer [at the point of sale] to be
    13  used by the customer to carry tangible personal property, regardless  of
    14  whether any tangible personal property or service is sold to the custom-
    15  er,  and regardless of whether any tangible personal property or service
    16  sold is exempt from tax under article twenty-eight of the tax law.
    17    6. "Store" means a retail establishment that provides plastic or paper
    18  carryout bags to its customers as a result of the sale of a product  and
    19  (a)  has  over  ten  thousand  square  feet of retail space, or (b) such
    20  retail establishment is part of a chain  engaged  in  the  same  general
    21  field  of  business which operates five or more units of over five thou-
    22  sand square feet of retail space in this state  under  common  ownership
    23  and management.
    24    8. "Paper carryout bag" means a paper bag provided to a customer to be
    25  used  by the customer to carry tangible personal property, regardless of
    26  whether any tangible personal property or service is sold to the custom-
    27  er, and regardless of whether any tangible personal property or  service
    28  sold is exempt from tax under article twenty-eight of the tax law.
    29    §  2.  Section 27-2705 of the environmental conservation law, as added
    30  by chapter 641 of the laws of 2008  and  subdivisions  2,  3  and  4  as
    31  amended  by  chapter  481  of  the  laws  of 2014, is amended to read as
    32  follows:
    33  § 27-2705. Recycling program requirements.
    34    An at-store recycling program provided by  the  operator  of  a  store
    35  shall require:
    36    1.  [a  plastic  carryout bag provided by the store to have printed or
    37  displayed on the bag, in a manner  visible  to  a  consumer,  the  words
    38  "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
    39  er,  such store shall be allowed for one year from the effective date of
    40  this subdivision to use its existing stock of plastic carryout  bags.  A
    41  store  may also apply to the commissioner for approval of an alternative
    42  plastic bag recycling message. The commissioner shall approve or  reject
    43  the proposed message within forty-five days;
    44    2.] a collection bin that is visible, easily accessible to the consum-
    45  er,  and  clearly  marked  that  the collection bin is available for the
    46  purpose of collecting and recycling plastic carryout bags and film plas-
    47  tic. This subdivision shall apply to stores not within an enclosed shop-
    48  ping mall and stores of at least fifty thousand square  feet  within  an
    49  enclosed  shopping  mall.  In the case of an enclosed shopping mall, the
    50  owner of the enclosed mall shall  place  bins  at  reasonable  intervals
    51  throughout the enclosed mall area;
    52    [3]  2.  all  plastic  carryout bags and film plastic collected by the
    53  store to be collected, transported and recycled  along  with  any  other
    54  in-store  plastic recycling, except for plastic bags that are not suffi-

        S. 1508--A                         26                         A. 2008--A
     1  ciently free of foreign material to enter the recycling stream.  Plastic
     2  carryout bags and film plastic collected by the store or the manufactur-
     3  er,  which are free of foreign material, shall not be disposed of in any
     4  solid  waste disposal facility permitted or authorized pursuant to title
     5  seven of this article;
     6    [4] 3. the store or its agent to maintain,  for  a  minimum  of  three
     7  years,  records  describing  the  collection, transport and recycling of
     8  plastic carryout bags and film plastic  collected  by  weight,  provided
     9  however  that stores or its agents may weigh such bags, film plastic and
    10  any other in-store plastic recycling at a  regional  collection  center.
    11  Such  records shall be made available to the department upon request, to
    12  demonstrate compliance with this title; and
    13    [5] 4. the operator of the store to (a) make reusable  bags  available
    14  to  customers  within the store for purchase, and (b) permit a reuseable
    15  bag to be used in lieu of a plastic carryout bag or paper bag.
    16    § 3. The environmental conservation law is amended  by  adding  a  new
    17  section 27-2708 to read as follows:
    18  § 27-2708. Plastic carryout bag prohibition.
    19    1.  Beginning  March  first,  two  thousand  twenty, providing plastic
    20  carryout bags to customers is prohibited except as otherwise provided by
    21  the department pursuant to regulations.
    22    2. This prohibition shall not apply to (a) plastic bags used solely to
    23  contain or wrap uncooked meat, fish, or poultry; (b) plastic  bags  used
    24  by  a customer solely to package bulk items, such as fruits, vegetables,
    25  nuts, grains, or candy; (c) plastic bags used  solely  to  contain  food
    26  sliced to order; (d) plastic bags used solely to contain a newspaper for
    27  delivery  to  a  subscriber;  (e) plastic bags sold in bulk; (f) plastic
    28  bags prepackaged for sale to a customer including, but not limited to, a
    29  trash bag and a food storage bag; (g) plastic garment bags; (h)  plastic
    30  bags provided by a restaurant, tavern or similar food service establish-
    31  ment,  as  defined  in  the state sanitary code, to carry out or deliver
    32  food; or (i) any other bag exempted by the department in regulations.
    33    § 4. Section 27-2713 of the environmental conservation law, as amended
    34  by chapter 481 of the laws of 2014, is amended to read as follows:
    35  § 27-2713. Preemption.
    36    Jurisdiction in all matters pertaining  to  plastic  bag  [and],  film
    37  plastic  recycling,  and fees or other measures associated with reducing
    38  the use of single use bags is by this article vested exclusively in  the
    39  state. Any provision of any local law or ordinance, or any rule or regu-
    40  lation  promulgated thereto, governing the recycling of plastic bags and
    41  film plastic and fees or other measures associated with single use  bags
    42  shall,  upon  the  effective date of this title, be preempted.  Provided
    43  however, nothing in this section shall preclude a person from coordinat-
    44  ing for recycling or reuse the collection of plastic bags or film  plas-
    45  tic and provided further that nothing in this section shall preclude any
    46  local  law  or ordinance, or any rule or regulation promulgated thereto,
    47  governing the establishment of fees on paper carryout bags.
    48    § 5. This act shall take effect immediately.
    49                                   PART I
    50    Section 1. Paragraphs a and b of subdivision 1 of section  23-1101  of
    51  the  environmental conservation law, as added by chapter 722 of the laws
    52  of 1977, are amended to read as follows:
    53    a. The exploration, development and production of gas  in  state-owned
    54  lands,  except  state  park  lands,  the  marine and coastal district as

        S. 1508--A                         27                         A. 2008--A
     1  defined in section 13-0103 of this chapter,  and  the  lands  under  the
     2  waters of Lake Ontario or along its shoreline; and
     3    b.  The  exploration, development and production of oil in state-owned
     4  lands, except state park lands,  the  marine  and  coastal  district  as
     5  defined  in  section  13-0103  of  this chapter, and the lands under the
     6  waters of Lake Erie and Lake Ontario or along their shorelines.
     7    § 2. The environmental conservation law is amended  by  adding  a  new
     8  section 23-1105 to read as follows:
     9  § 23-1105. Prohibition  on  state  authorizations  related  to  oil  and
    10               natural gas production in federal waters.
    11    1. Neither the department nor the office  of  general  services  shall
    12  enter  into  any  new  lease or other conveyance, or lease modification,
    13  that authorizes or enables the  installation  of  pipelines  or  support
    14  facilities  or  infrastructure  directly  or  indirectly associated with
    15  exploration, development or production of oil or natural gas located  in
    16  the north Atlantic planning area.
    17    2.  For  the  purposes of this section, the following terms shall have
    18  the following meanings:
    19    a. "Development" means those activities  taking  place  following  the
    20  discovery  of  commercially producible quantities of oil or natural gas,
    21  including, platform construction, pipeline construction,  and  operation
    22  of all onshore support facilities that are performed for the purposes of
    23  ultimately producing oil or natural gas.
    24    b.  "Exploration" means any activity associated with the search of oil
    25  or natural gas, including geophysical tests or the drilling  of  strati-
    26  graphic wells.
    27    c.  "Federal  waters"  means  those  waters  and submerged lands lying
    28  seaward to the state waters of New York that  appertain  to  the  United
    29  States and are subject to federal jurisdiction and control.
    30    d.  "North  Atlantic planning area" means an area of federal waters in
    31  the outer continental shelf totaling ninety-two  million  three  hundred
    32  twenty thousand acres adjacent to the coastal waters of Maine, New Hamp-
    33  shire,  Massachusetts,  Rhode  Island,  Connecticut,  New  York, and New
    34  Jersey.
    35    e. "Production" means those activities that take place  following  the
    36  successful  completion  of  a well or field necessary for the removal of
    37  oil or natural gas including field operations, transfer of resources  to
    38  shore, operation, monitoring, maintenance, and workover drilling.
    39    3.  The  department  is  authorized  to establish such rules and regu-
    40  lations as it shall deem necessary to implement this section.
    41    § 3. Section 80 of the transportation corporations law is  amended  to
    42  read as follows:
    43    §  80.  [Definition]  Definitions.    1.  A pipe line corporation is a
    44  corporation organized to construct and operate for  public  use,  wholly
    45  within  or  partly  without  this state, except in the city of New York,
    46  lines of pipe for conveying  or  transporting  therein  petroleum,  gas,
    47  liquids  or  any products or property, or, except in such city, to main-
    48  tain and operate for public use for which such purposes  lines  of  pipe
    49  already constructed.
    50    2.  For the purposes of this article, the terms "exploration", "devel-
    51  opment", "production", "federal waters", and  "north  Atlantic  planning
    52  area"  shall  be  defined  as  in  section  23-1105 of the environmental
    53  conservation law.
    54    § 4. Section 83 of the transportation corporations law is  amended  to
    55  read as follows:

        S. 1508--A                         28                         A. 2008--A
     1    §  83.  Condemnation  of  real  property.  In case such corporation is
     2  unable to agree for the purchase of any real property required  for  the
     3  purposes of its incorporation, and its route in the county in which such
     4  real  property  is  situated has been finally located, it shall have the
     5  right  to  acquire  title  thereto by condemnation, but such corporation
     6  shall not locate its route or construct any  line  of  pipe  through  or
     7  under  any  building,  dooryard,  lawn, garden or orchard, except by the
     8  consent of the owner thereof in writing duly acknowledged,  nor  through
     9  any cemetery or burial ground, nor within one hundred feet of any build-
    10  ing  except  where such line is authorized by public officers to be laid
    11  across or upon any public highway, and shall not install pipelines  that
    12  support facilities or infrastructure associated with exploration, devel-
    13  opment, or production of oil or natural gas in federal waters located in
    14  the  north  Atlantic  planning  area.   No such corporation shall lay or
    15  construct its line of pipe through or under a street in any city, unless
    16  it shall first obtain the consent of a majority of the owners of proper-
    17  ty abutting on that portion of the street in which its pipe line  is  to
    18  be laid. Such pipe line shall be laid with reasonable care and prudence.
    19    §  5. Section 89 of the transportation corporations law, as amended by
    20  chapter 60 of the laws of 1962, is amended to read as follows:
    21    § 89. Over state lands. The commissioner  of  general  services  shall
    22  have  power to grant to any pipe line corporation any lands belonging to
    23  the people of this state which may be required for the purposes  of  its
    24  incorporation  on  such  terms as may be agreed, or such corporation may
    25  acquire title thereto by condemnation, except that  no  corporation  may
    26  condemn  any  lands for the purposes of the installation of pipelines or
    27  support facilities or infrastructure associated with exploration, devel-
    28  opment, or production of oil or natural gas in the north Atlantic  plan-
    29  ning  area,  and  further  excepting  that  no pipe line corporation may
    30  condemn any canal lands abandoned pursuant to the provisions of  article
    31  four of the public lands law[, constituting chapter fifty of the laws of
    32  nineteen  hundred nine, as amended,] until after they have been sold and
    33  conveyed in the manner provided by the public lands law.  If  any  lands
    34  owned  by  any  county, city or town be required by such corporation for
    35  such purposes, the county, city or town officers having charge  of  such
    36  lands  may  grant  them  to  the corporation upon terms and compensation
    37  agreed upon.
    38    § 6. Section 70 of the navigation law  is  amended  by  adding  a  new
    39  subdivision 3 to read as follows:
    40    3.  No petroleum-bearing vessel transporting crude oil produced in the
    41  north Atlantic planning area may enter or move upon the navigable waters
    42  of the state or any tidewaters bordering on or lying within the  bounda-
    43  ries  of  Nassau and Suffolk counties. For purposes of this subdivision,
    44  "north Atlantic planning area" shall be defined as in section 23-1105 of
    45  the environmental conservation law.
    46    § 7. Section 174 of the navigation law is  amended  by  adding  a  new
    47  subdivision 12 to read as follows:
    48    12.  (a)  The  department  is  prohibited from issuing or renewing any
    49  license  for  any  major  facility  storing  or  transferring  petroleum
    50  produced  in the navigable waters of the state or any tidewaters border-
    51  ing on and lying within the boundaries of Nassau and Suffolk counties.
    52    (b) The department is prohibited from issuing or renewing any  license
    53  for  any major facility intended to transfer or store crude oil from any
    54  vessel which holds petroleum transported  directly  from  any  pipeline,
    55  support  facility,  or  infrastructure associated with the production of
    56  crude oil from the north Atlantic planning area. For  purposes  of  this

        S. 1508--A                         29                         A. 2008--A
     1  subdivision,  "development",  "federal waters", "north Atlantic planning
     2  area" and "production" shall be defined as in  section  23-1105  of  the
     3  environmental conservation law.
     4    §  8.  Severability clause. If any clause, sentence, paragraph, subdi-
     5  vision, section or part of this act shall be adjudged by  any  court  of
     6  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     7  impair, or invalidate the remainder thereof, but shall  be  confined  in
     8  its  operation  to the clause, sentence, paragraph, subdivision, section
     9  or part thereof directly involved  in  the  controversy  in  which  such
    10  judgement  shall  have been rendered. It is hereby declared to be in the
    11  intent of the legislature that this act would have been enacted even  if
    12  such invalid provisions had not been included herein.
    13    § 9. This act shall take effect immediately.
    14                                   PART J
    15    Section  1.  Subdivisions  4  and 5 of section 24-0301 of the environ-
    16  mental conservation law, as amended by chapter 16 of the laws  of  2010,
    17  are amended to read as follows:
    18    4.  Upon  completion  of  the  tentative freshwater wetlands map for a
    19  particular area, the commissioner or his or her designated hearing offi-
    20  cer shall hold a public hearing in that  area  in  order  to  afford  an
    21  opportunity  for  any person to propose additions or deletions from such
    22  map. The commissioner shall give notice of such hearing to each owner of
    23  record as shown on the latest completed tax assessment rolls,  of  lands
    24  designated  as  such wetlands as shown on said map and also to the chief
    25  administrative officer and clerk of each  local  government  within  the
    26  boundaries  of  which  any  such wetland or a portion thereof is located
    27  and, in the case of a tentative freshwater wetlands  map  for  any  area
    28  within the Adirondack park, to the Adirondack park agency, [by certified
    29  mail]  not  less than thirty days prior to the date set for such hearing
    30  and shall assure that a copy of the relevant map is available for public
    31  inspection at a convenient location in such local  government.  The  map
    32  filed with a local government may, at the local government's request, be
    33  either  a physical copy of the tentative freshwater wetlands map, or, if
    34  available, a digital file that represents  it.  The  commissioner  shall
    35  also  cause  notice  of  such hearing to be published at least once, not
    36  more than thirty days nor fewer than ten days before the  date  set  for
    37  such  hearing,  in at least two newspapers having general circulation in
    38  the area where such wetlands are located. The commissioner may  post  on
    39  the  department's  website a digital image that represents the tentative
    40  freshwater wetlands map.
    41    5. After considering the testimony given at such hearing and any other
    42  facts which may be deemed pertinent, after  considering  the  rights  of
    43  affected  property  owners and the ecological balance in accordance with
    44  the policy and purposes of this article, and, in the case of wetlands or
    45  portions thereof within the Adirondack park, after consulting  with  the
    46  Adirondack  park  agency, the commissioner shall promulgate by order the
    47  final freshwater wetlands map. Such order shall not be promulgated  less
    48  than  sixty  days  from  the date of the hearing required by subdivision
    49  four of this section. A copy of the order, together with a copy of  such
    50  map  or  relevant  portion  thereof  shall be filed in the office of the
    51  clerk of each local government in which each such wetland or  a  portion
    52  thereof  is  located  and,  in the case of a map for any area within the
    53  Adirondack park, with the Adirondack park agency. The map filed  with  a
    54  local  government  may,  at  the local government's request, be either a

        S. 1508--A                         30                         A. 2008--A
     1  physical copy of the final freshwater wetlands map, or, if available,  a
     2  digital  file  that represents it. The commissioner shall simultaneously
     3  give notice of such order to each owner of lands, as shown on the latest
     4  completed tax assessment rolls, designated as such wetlands by mailing a
     5  copy  of such order to such owner [by certified mail in any case where a
     6  notice by certified mail was not sent pursuant to  subdivision  four  of
     7  this  section,  and in all other cases by first class mail]. The commis-
     8  sioner shall also give notice of such order at such time  to  the  chief
     9  administrative officer of each local government within the boundaries of
    10  which  any  such wetland or a portion thereof is located. At the time of
    11  filing with such clerk or clerks, the commissioner shall  also  cause  a
    12  copy  of  such  order  to be published in at least two newspapers having
    13  general circulation in the area where such  wetlands  are  located.  The
    14  commissioner  may  post on the department's website a digital image that
    15  represents the final freshwater wetlands map.
    16    § 2. Subdivisions 3 and 4 of  section  25-0201  of  the  environmental
    17  conservation  law,  as  amended  by chapter 598 of the laws of 1976, are
    18  amended to read as follows:
    19    3. Upon completion of a tentative tidal wetlands boundary  map  for  a
    20  particular area, the commissioner or his or her designated hearing offi-
    21  cer  shall  hold  a public hearing in order to afford an opportunity for
    22  any person to propose additions or deletions from such map. The  commis-
    23  sioner  shall give notice of such hearing to each owner of record of all
    24  lands designated as such wetland as shown on such maps, and also to  the
    25  chief  administrative officer of each municipality within whose boundary
    26  any such wetland or portion thereof  is  located[,  by  certified  mail,
    27  return  receipt  requested,] not less than thirty days prior to the date
    28  set for such hearing. The commissioner shall also cause notice  of  such
    29  hearing to be published [at least once], not [more than thirty days nor]
    30  fewer than [ten] thirty days before the date set for such hearing, in at
    31  least two newspapers having a general circulation in the area where such
    32  wetlands are located.
    33    4. After considering the testimony given at such hearing and any other
    34  facts  which may be deemed pertinent and after considering the rights of
    35  affected property owners and the policy and purposes of  this  act,  the
    36  commissioner  shall  establish  by  order  the final bounds of each such
    37  wetland. A copy of the order, together with a copy of the map  depicting
    38  such  final boundary lines, shall be filed in the office of the clerk of
    39  the county in which each such wetland is located. The commissioner shall
    40  simultaneously give notice of such order to  each  owner  of  all  lands
    41  designated  as  such  wetlands  by  mailing a copy of such order to such
    42  owner. The commissioner shall also simultaneously give  notice  of  such
    43  order  [by  certified  mail] to the chief administrative officer of each
    44  municipality within whose boundary any such wetland or  portion  thereof
    45  is located. The commissioner shall also cause a copy of such order to be
    46  published in at least two newspapers having a general circulation in the
    47  area where such wetlands are located.
    48    § 3. This act shall take effect immediately.
    49                                   PART K
    50    Section  1.    Legislative  intent.  The legislature hereby finds that
    51  consumers in the state do not have ready access to information about the
    52  products they may use and the product ingredients they may be exposed to
    53  every day. While the state has taken steps to ban certain product ingre-
    54  dients known to be harmful to human health  and  the  environment,  more

        S. 1508--A                         31                         A. 2008--A
     1  must  be  done  to give consumers real time access to product ingredient
     2  information  so  consumers  can  make  informed  decisions  about  which
     3  products  to  buy and use. Specifically, consumers should have the right
     4  to know if a product contains a carcinogen, mutagen or endocrine disrup-
     5  tors  and  other  chemicals  of  concern,  the  state, as trustee of its
     6  natural resources should have the means to identify substances which may
     7  be discharged to the environment.
     8    § 2. Subdivision 1 of section 35-0103 of the  environmental  conserva-
     9  tion law is amended to read as follows:
    10    1.  "[Household  cleansing]  Cleansing  product"  means  any  product,
    11  including but not limited to soaps and detergents, containing a  surfac-
    12  tant  as  a  wetting  or  dirt  emulsifying agent and used primarily for
    13  domestic [or], commercial, or industrial  cleaning  purposes,  including
    14  but  not limited to, the cleansing of fabrics, dishes, food utensils and
    15  household and commercial premises. [Household cleansing] Cleansing prod-
    16  uct shall not mean foods, drugs, cosmetics, insecticides, fungicides and
    17  rodenticides or cleansing products used primarily in industrial manufac-
    18  turing, production and assembling processes as provided by  the  commis-
    19  sioner by rule and regulation.
    20    §  3. Section 35-0107 of the environmental conservation law is amended
    21  to read as follows:
    22  § 35-0107. Powers and duties of commissioner.
    23    1. The commissioner is hereby  authorized  to  promulgate  regulations
    24  requiring  manufacturers  of [household] cleansing products distributed,
    25  sold or offered for sale in this state, to furnish to  the  commissioner
    26  for  the  public  record  as  herein provided information regarding such
    27  products in a form prescribed by the commissioner including  the  nature
    28  and  extent of investigations and research performed by the manufacturer
    29  concerning the effects of such products on human health and the environ-
    30  ment. These reports shall be available to the public at  the  department
    31  of  environmental  conservation,  except those portions the manufacturer
    32  determines, subject to the approval of the commissioner,  would  be,  if
    33  disclosed, seriously prejudicial to the manufacturer's legitimate inter-
    34  est in trade secrets and economics of operation.
    35    2.  [No later than February 1, 1973 the commissioner shall prepare and
    36  submit a comprehensive report to the governor  and  legislature  on  the
    37  status  of  progress  made in research and development to provide a safe
    38  and effective substitute for phosphates in household cleansing products.
    39    3.] Whenever the commissioner finds,  after  investigation,  that  any
    40  ingredient  of [household] cleansing products distributed, sold, offered
    41  or exposed for sale in this state, other than an  ingredient  for  which
    42  limitations  are  set forth in subdivision 2 of section 35-0105, will or
    43  is likely to materially affect adversely human health  or  the  environ-
    44  ment,  he may, after public hearing, restrict or limit by regulation the
    45  use of such ingredient in such products.
    46    § 4. Article 37 of the environmental conservation law  is  amended  by
    47  adding a new title 9 to read as follows:
    48                                   TITLE 9
    49                         CONSUMER PRODUCT DISCLOSURE
    50  Section 37-0901. Short title.
    51          37-0903. Definitions.
    52          37-0905. Product labeling.
    53          37-0907. Chemical disclosure.
    54          37-0909. Public education.
    55          37-0911. Rules and regulations.
    56          37-0913. Enforcement.

        S. 1508--A                         32                         A. 2008--A
     1          37-0915. Severability.
     2  § 37-0901. Short title.
     3    This  title  shall be known and may be cited as the "consumer chemical
     4  awareness act".
     5  § 37-0903. Definitions.
     6    As used in this title, the following terms shall mean:
     7    1. "Consumer product" means any product sold or offered in the  state,
     8  including  but  not  limited  to  (a)  cleansing  products as defined by
     9  section 35-0103 of this chapter; (b) any product intended  for  use,  or
    10  that  may  be reasonably expected to be used, by children; (c) any other
    11  such product that could, through normal use,  expose  the  user  to  any
    12  carcinogen,  mutagen,  endocrine disruptor or other chemicals of concern
    13  identified by the department.
    14    2. "Manufacturer" means any person,  firm,  association,  partnership,
    15  limited  liability  company, corporation, governmental entity, organiza-
    16  tion, combination or joint venture which is the last entity  to  produce
    17  or  assemble  a consumer product or, in the case of an imported consumer
    18  product, the importer or domestic distributor of such product.
    19    3. "Retailer" means any person, firm, association, partnership, limit-
    20  ed liability company, corporation,  governmental  entity,  organization,
    21  combination  or  joint  venture  which  sells  or  otherwise distributes
    22  consumer products to consumers or to any  other  person  for  any  other
    23  purpose other than resale.
    24  § 37-0905. Product labeling.
    25    Except  where  prohibited by federal law, the department, in consulta-
    26  tion with the department of health and department of  state,  is  hereby
    27  authorized  to  establish  standards  governing the labeling of consumer
    28  products identified by  the  department  in  regulations  which  informs
    29  consumers  of the ingredients of such products including any carcinogen,
    30  mutagen, endocrine disrupter or other chemicals of concern identified by
    31  the department.
    32  § 37-0907. Chemical disclosure.
    33    The commissioner is hereby  authorized  to  require  manufacturers  of
    34  consumer  products  distributed, sold or offered for sale in this state,
    35  to furnish to the commissioner for the public record as herein  provided
    36  information  regarding such products in a form prescribed by the commis-
    37  sioner including the nature and extent of  investigations  and  research
    38  performed by the manufacturer concerning the effects of such products on
    39  human  health  and  the environment. These reports shall be available to
    40  the public at the department, except  those  portions  the  manufacturer
    41  determines,  subject  to  the approval of the commissioner, would be, if
    42  disclosed, seriously prejudicial to the manufacturer's legitimate inter-
    43  est in trade secrets and economics of operation.
    44  § 37-0909. Public education.
    45    The commissioner shall establish a public education program to dissem-
    46  inate information regarding implementation of this title. Such  informa-
    47  tion  may  include,  but  not  be limited to, publication of the website
    48  maintained by the state  where  information  required  to  be  disclosed
    49  pursuant  to  this  title is maintained; publication of a manufacturer's
    50  website where disclosure pursuant to this  title  is  effectuated;  and,
    51  requirements for retailers to post information in a conspicuous location
    52  for the benefit of consumers.
    53  § 37-0911. Rules and regulations.
    54    1.  The  department  is  authorized to promulgate such rules and regu-
    55  lations as it shall deem  necessary  to  implement  provisions  of  this
    56  title,  and shall designate in such rules specific consumer products and

        S. 1508--A                         33                         A. 2008--A
     1  chemicals of concern that trigger the labeling and  disclosure  require-
     2  ments  of this title taking into account factors such as levels of expo-
     3  sure and the feasibility of requiring labeling for such products.
     4    2.  Any  regulations  promulgated  pursuant to section 37-0905 of this
     5  title shall specify the content of such label and shall  at  a  minimum,
     6  direct consumers to where they can find additional information about the
     7  product and its ingredients.
     8  § 37-0913. Enforcement.
     9    1.  Any  person  who violates any of the provisions of or who fails to
    10  perform any duty imposed by this title or any rule or regulation promul-
    11  gated pursuant hereto, shall be liable for a civil penalty not to exceed
    12  two thousand five hundred dollars for each such violation and  an  addi-
    13  tional penalty of not more than five hundred dollars for each day during
    14  which such violation continues.
    15  § 37-0915. Severability.
    16    The  provisions  of  this  title shall be severable and if any phrase,
    17  clause, sentence or provision of this title, or the applicability there-
    18  of to any person or circumstance shall be held invalid, the remainder of
    19  this title and the application thereof shall not be affected thereby.
    20    § 5. The public health law is amended by adding a new article 48-A  to
    21  read as follows:
    22                                ARTICLE 48-A
    23                    REGULATION OF PERSONAL CARE PRODUCTS
    24  Section 4850. Declaration of legislative intent and findings.
    25          4851. Definitions.
    26          4852. Disclosure.
    27          4853. Penalties.
    28          4854. Severability.
    29    §  4850.  Declaration  of  legislative intent and findings.  There are
    30  tens of thousands of chemicals used commercially in the  United  States,
    31  and  each  year  approximately  1,000 chemicals are added for commercial
    32  use. The majority of chemicals in commercial use in the  United  States,
    33  including  those  used  as  ingredients  in personal care products, have
    34  never been fully tested for potential impacts on  human  health  or  the
    35  environment.
    36    Some  chemicals  used  in  personal care products have been identified
    37  through scientific studies as being potential carcinogens,  reproductive
    38  or developmental toxicants, or endocrine disruptors. Some have also been
    39  found through biomonitoring studies to be present in human blood, breast
    40  milk, or urine. These findings have led national and international agen-
    41  cies  to  develop  lists of chemicals of concern based on the chemicals'
    42  potential to impact human health, and their presence  in  products  that
    43  consumers use everyday.
    44    Federal law requires personal care product labels to list ingredients.
    45  However, information concerning the potential health effects of exposure
    46  to these chemical ingredients is not widely available, chemicals used as
    47  fragrances  or  flavoring  are  exempt  from labelling requirements, and
    48  personal care products sold for commercial use are not required to carry
    49  any ingredient labelling. At present, the only way to identify a product
    50  as containing a chemical of concern is to compare labeled product ingre-
    51  dients with chemical lists developed by many different agencies.
    52    Furthermore, independent testing  and  laboratory  analyses  by  other
    53  states  have  identified  products  that  contain  substances that could
    54  potentially cause harmful health effects but that are not identified  as
    55  an  ingredient  on  the product's label. Nevertheless, under the federal
    56  Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), many  personal

        S. 1508--A                         34                         A. 2008--A
     1  care  products and their ingredients are not subject to premarket safety
     2  testing, review, or approval before they are sold to the public.
     3    Therefore,  the legislature hereby finds and declares that the disclo-
     4  sures required under federal law of ingredients  contained  in  personal
     5  care  products  fail  to  adequately educate and protect consumers.   In
     6  order to empower consumers with the information needed to make  well-in-
     7  formed  decisions  regarding products that their families are exposed to
     8  daily, it shall be the policy of the state to require the personal  care
     9  product  industry  to  more fully disclose the ingredients they use and,
    10  where applicable, identify ingredients that have  been  published  as  a
    11  chemical of concern on one or more lists identified by the commissioner.
    12  This  will  benefit  consumers, encourage manufacturers to remove poten-
    13  tially harmful chemicals from their products, and encourage  development
    14  of  innovative methods including green chemistry to replace these ingre-
    15  dients with more environmentally-preferable alternatives.
    16    § 4851. Definitions. As used  in  this  article,  unless  the  context
    17  requires otherwise:
    18    1. "Ingredient" shall mean all of the following:
    19    (a)  An  intentionally added ingredient present in any quantity in the
    20  personal care product;
    21    (b) A nonfunctional byproduct or nonfunctional contaminant, present in
    22  a personal care product  in  any  quantity  exceeding  one-half  of  one
    23  percent  (0.5%)  of the content of the product by weight or other amount
    24  determined by the commissioner;
    25    (c) A nonfunctional byproduct present in a personal  care  product  in
    26  any quantity not exceeding one-half of one percent (0.5%) of the content
    27  of  the  product  by  weight, provided such element or compound has been
    28  published as a chemical of concern on one or more  lists  identified  by
    29  the commissioner;
    30    (d)  A nonfunctional contaminant present in a personal care product in
    31  a quantity determined by the commissioner and not exceeding one-half  of
    32  one  percent  (0.5%)  of  the content of the product by weight, provided
    33  such element or compound has been published as a chemical of concern  on
    34  one or more lists identified by the commissioner.
    35    2. "Intentionally added ingredient" shall mean any element or compound
    36  that  a manufacturer has intentionally added to a personal care product,
    37  and which has a functional or technical effect in the finished  product,
    38  including,  but  not  limited  to, the components of intentionally added
    39  fragrance,  flavoring  and  colorants,  and  the  intentional  breakdown
    40  products  of an added element or compound that also have a functional or
    41  technical effect on the finished product.
    42    3. "nonfunctional byproduct" shall mean any element or compound  which
    43  has  no functional or technical effect in the finished product which (a)
    44  was intentionally added during the manufacturing process for a  personal
    45  care  product  at any point in a product's, a raw material's or ingredi-
    46  ent's supply chain or (b) was created for formed during the  manufactur-
    47  ing  process as an intentional or unintentional consequence of the manu-
    48  facturing process at any point in a product's, a raw material's,  or  an
    49  ingredient's supply chain. This shall include, but is not limited to, an
    50  unreacted  raw  material,  a breakdown product of an intentionally added
    51  ingredient, or a byproduct of the manufacturing process.
    52    4. "Nonfunctional contaminant" shall  mean  any  element  or  compound
    53  present  in  a  personal care product as an unintentional consequence of
    54  manufacturing which  has  no  functional  or  technical  effect  in  the
    55  finished product. Nonfunctional contaminants include, but are not limit-
    56  ed  to, elements or compounds present in the environment as contaminants

        S. 1508--A                         35                         A. 2008--A
     1  which were introduced into a product,  a  raw  material,  or  a  product
     2  ingredient  as a result of the use of an environmental medium, such as a
     3  naturally occurring mineral, air, soil or water,  in  the  manufacturing
     4  process  at  any  point in a product's, a raw material's, or an ingredi-
     5  ent's supply chain.
     6    5. "Manufacturer" shall mean any person, firm,  association,  partner-
     7  ship,   limited   liability  company,  or  corporation  which  produces,
     8  prepares, formulates, or compounds a personal  care  product,  or  whose
     9  brand  name  is affixed to such product.  In the case of a personal care
    10  product imported into the United States, "manufacturer" shall  mean  the
    11  importer or first domestic distributor of the product if the entity that
    12  manufactures  the  product or whose brand name is affixed to the product
    13  does not have a presence in the United States.
    14    6. "Personal care product" shall mean articles intended to be  rubbed,
    15  poured,  sprinkled, or sprayed on, introduced into, or otherwise applied
    16  to the human body  or  any  part  thereof  for  cleansing,  beautifying,
    17  promoting  attractiveness,  or  altering  the  appearance,  and articles
    18  intended for use as a component of any such articles; except  that  such
    19  term shall not include soap.
    20    7.  "Soap" shall mean articles comprised entirely of an alkali salt of
    21  fatty acids where the detergent properties of the article are due to the
    22  alkali-fatty acid compounds, and the article shall be labeled, sold, and
    23  represented only as a soap.
    24    §  4852.  Disclosure.  1.  Manufacturers  of  personal  care  products
    25  distributed,  sold  or offered for sale in this state, whether at retail
    26  or wholesale, for personal or commercial use, or distributed for  promo-
    27  tional purposes, shall furnish to the commissioner for public record and
    28  post  on  the  manufacturer's  website,  in  a  manner prescribed by the
    29  commissioner that is readily accessible to the public and machine  read-
    30  able,  such  information  regarding  such products pursuant to rules and
    31  regulations promulgated by the  commissioner.  For  each  personal  care
    32  product, such information shall include, but shall not be limited to:
    33    (a)  A  list  naming each ingredient, as defined in subdivision one of
    34  section forty-eight hundred fifty-one of this article, of the product in
    35  descending order of predominance by weight in the product,  except  that
    36  ingredients  present  at  a  weight below one percent (1%) may be listed
    37  following other ingredients without respect to the order of predominance
    38  by weight;
    39    (b) The nature and extent of investigations and research performed  by
    40  or  for  the manufacturer concerning the effects on human health and the
    41  environment of such product or such ingredients; and
    42    (c) Where applicable, a statement disclosing  that  an  ingredient  is
    43  published  as  a  chemical of concern on one or more lists identified by
    44  the commissioner.
    45    2. Such manufacturers shall furnish  information  on  or  before  July
    46  first,  two thousand twenty and every two years thereafter. In addition,
    47  such manufacturers shall furnish such information prior to the  sale  of
    48  any  new  personal  care  product,  when  the formulation of a currently
    49  disclosed product is changed such that the predominance of the  ingredi-
    50  ents  in  such product is changed, when any list of chemicals of concern
    51  identified by the commissioner pursuant to this article  is  changed  to
    52  include an ingredient present in a personal care product subject to this
    53  article, or at such other times as may be required by the commissioner.
    54    3.  Such  information  shall  be  made  available to the public by the
    55  commissioner and manufacturer, in accordance with this section, with the
    56  exception of those portions which the manufacturer  determines,  subject

        S. 1508--A                         36                         A. 2008--A
     1  to the approval of the commissioner, is related to a proprietary process
     2  the  disclosure of which would compromise the manufacturer's competitive
     3  position. The commissioner shall not approve any exceptions  under  this
     4  subdivision  with  respect  to any ingredient published as a chemical of
     5  concern on one or more lists identified by the commissioner.
     6    § 4853. Penalties. A manufacturer in  violation  of  this  article  is
     7  subject  to a civil penalty not to exceed five thousand dollars for each
     8  violation in the case of a first offense. Manufacturers who  are  repeat
     9  violators  are  subject  to  a  civil penalty not to exceed ten thousand
    10  dollars for each repeat offense.
    11    § 4854. Severability. The provisions of this article shall be  severa-
    12  ble and if any phrase, clause, sentence or provision of this article, or
    13  the  applicability  thereof  to any person or circumstance shall be held
    14  invalid, the remainder of this article and the application thereof shall
    15  not be affected thereby.
    16    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    17  have  become  a  law,  provided,  however,  that  any rule or regulation
    18  promulgated pursuant to this act shall not take effect prior to April 1,
    19  2021; provided, however, that section five of this act shall take effect
    20  on January 1, 2020, provided that, effective  immediately,  the  commis-
    21  sioner of health shall be authorized to promulgate any and all rules and
    22  regulations necessary to implement the provisions of section five on its
    23  effective date.
    24                                   PART L
    25    Section  1. The banking law is amended by adding a new article 14-A to
    26  read as follows:
    27                                ARTICLE 14-A
    28                           STUDENT LOAN SERVICERS
    29  Section 710. Definitions.
    30          711. Licensing.
    31          712. Application for a student loan servicer license; fees.
    32          713. Application process to receive license  to  engage  in  the
    33                 business of student loan servicing.
    34          714. Changes in officers and directors.
    35          715. Changes in control.
    36          716. Grounds for suspension or revocation of license.
    37          717. Books and records; reports and electronic filing.
    38          718. Rules and regulations.
    39          719. Prohibited practices.
    40          720. Servicing student loans without a license.
    41          721. Responsibilities.
    42          722. Examinations.
    43          723. Penalties for violations of this article.
    44          724. Severability of provisions.
    45          725. Compliance with other laws.
    46    §  710. Definitions. 1. "Applicant" shall mean any person applying for
    47  a license under this article.
    48    2. "Borrower" shall mean any resident of this state who has received a
    49  student loan or agreed in writing to pay a student loan  or  any  person
    50  who  shares a legal obligation with such resident for repaying a student
    51  loan.
    52    3. "Borrower benefit" shall mean an incentive offered to a borrower in
    53  connection with the origination of a student  loan,  including  but  not

        S. 1508--A                         37                         A. 2008--A
     1  limited  to  an interest rate reduction, principal rebate, fee waiver or
     2  rebate, loan cancellation, or cosigner release.
     3    4.  "Exempt organization" shall mean any banking organization, foreign
     4  banking corporation, national bank, federal savings association, federal
     5  credit union, or any bank, trust company, savings bank, savings and loan
     6  association, or credit union organized  under  the  laws  of  any  other
     7  state,  or  any  person  licensed  or  supervised  by the department and
     8  exempted by the superintendent pursuant to  regulations  promulgated  in
     9  accordance with this article.
    10    5.  "Person"  shall  mean  any  individual,  association, corporation,
    11  limited liability company, partnership, trust, unincorporated  organiza-
    12  tion, government, and any other entity.
    13    6.  "Servicer"  or "student loan servicer" shall mean a person engaged
    14  in the business of servicing student loans owed by one or more borrowers
    15  residing in this state.
    16    7. "Servicing" shall mean:
    17    (a) receiving any payment from a borrower pursuant to the terms of any
    18  student loan;
    19    (b) applying any payment to the borrower's  account  pursuant  to  the
    20  terms  of  a student loan or the contract governing the servicing of any
    21  such loans;
    22    (c) providing any notification of amounts owed on a student loan by or
    23  on account of any borrower;
    24    (d) during a period where a borrower is not required to make a payment
    25  on a student loan, maintaining account records for the student loan  and
    26  communicating  with the borrower regarding the student loan on behalf of
    27  the owner of the student loan promissory note;
    28    (e) interacting with a borrower  with  respect  to  or  regarding  any
    29  attempt to avoid default on the borrower's student loan, or facilitating
    30  the activities described in paragraph (a) or (b) of this subdivision; or
    31    (f) performing other administrative services with respect to a borrow-
    32  er's student loan.
    33    8. "Student loan" shall mean any loan to a borrower to finance postse-
    34  condary education or expenses related to postsecondary education.
    35    9.  "Federal  student loan" means (a) any student loan issued pursuant
    36  to the William D. Ford Federal Direct Loan Program; (b) any student loan
    37  issued pursuant to the Federal Family Education Loan Program, which  was
    38  purchased by the government of the United States pursuant to the federal
    39  Ensuring Continued Access to Student Loans Act and is presently owned by
    40  the  government  of  the  United  States; and (c) any other student loan
    41  issued pursuant to a federal program that is identified  by  the  super-
    42  intendent as a "federal student loan" in a regulation.
    43    §  711. Licensing. 1. Except as provided in subdivisions two and three
    44  of this section, no person shall engage in  the  business  of  servicing
    45  student loans owed by one or more borrowers residing in this state with-
    46  out  first being licensed by the superintendent as a student loan servi-
    47  cer in accordance with this article  and  such  regulations  as  may  be
    48  prescribed by the superintendent.
    49    2.  The  licensing  provisions  of this article shall not apply to any
    50  exempt organization that is a student loan servicer; provided that  such
    51  exempt  organization  notifies  the  superintendent that it is servicing
    52  student loans in this state and complies  with  sections  seven  hundred
    53  seventeen,  seven  hundred nineteen, seven hundred twenty-one, and seven
    54  hundred twenty-five of this article and  any  regulation  applicable  to
    55  student loan servicers promulgated by the superintendent.

        S. 1508--A                         38                         A. 2008--A
     1    3.  A  license  is not required to engage in the business of servicing
     2  federal student loans. A person, other than an exempt organization, that
     3  services federal student loans owed by one or more borrowers residing in
     4  this state, which is not otherwise required to be licensed  pursuant  to
     5  this  section,  shall  notify  the  superintendent  that it is servicing
     6  federal student loans in this  state  and  comply  with  sections  seven
     7  hundred  seventeen,  seven  hundred  nineteen, seven hundred twenty-one,
     8  seven hundred twenty-two, seven hundred twenty-three and  seven  hundred
     9  twenty-five  of  this  article  and any regulation applicable to student
    10  loan servicers promulgated by  the  superintendent.  The  provisions  of
    11  section  thirty-three, thirty-nine, and forty-four of this chapter shall
    12  apply to a person required  to  notify  the  superintendent  under  this
    13  subdivision, as though they were a licensed student loan servicer.  
    14    §  712. Application for a student loan servicer license; fees.  1. The
    15  application for a license to engage in the business of servicing student
    16  loans shall be in writing, under oath, and in the form prescribed by the
    17  superintendent. Notwithstanding article three of  the  state  technology
    18  law  or  any  other  law to the contrary, the superintendent may require
    19  that an application for a license or any other submission or application
    20  for approval as may be required by this article be made or  executed  by
    21  electronic means if he or she deems it necessary to ensure the efficient
    22  and  effective  administration  of  this  article. The application shall
    23  include a description of the activities of the applicant, in such detail
    24  and for such periods as the superintendent may require; including:
    25    (a) an affirmation of financial solvency  noting  such  capitalization
    26  requirements  as  may  be  required by the superintendent, and access to
    27  such credit as may be required by the superintendent;
    28    (b) a financial statement prepared by a certified  public  accountant,
    29  the  accuracy  of which is sworn to under oath before a notary public by
    30  an officer or other representative of the applicant who is authorized to
    31  execute such documents;
    32    (c) an affirmation that the applicant, or its members, officers, part-
    33  ners, directors and principals as may be appropriate, are at least twen-
    34  ty-one years of age;
    35    (d) information as to the character, fitness, financial  and  business
    36  responsibility,  background  and  experiences  of  the applicant, or its
    37  members, officers, partners, directors and principals as may  be  appro-
    38  priate;
    39    (e)  any  additional detail or information required by the superinten-
    40  dent.
    41    2. An application to become a licensed student loan  servicer  or  any
    42  application  with  respect  to  a  student loan servicer shall be accom-
    43  plished by a fee as prescribed pursuant to section  eighteen-a  of  this
    44  chapter.
    45    §  713.  Application process to receive license to engage in the busi-
    46  ness of student loan servicing. 1. Upon the filing of an application for
    47  a license, if the superintendent shall find that the financial responsi-
    48  bility, experience, character, and general fitness of the applicant and,
    49  if applicable, the members, officers, partners, directors and principals
    50  of the applicant are such as to command the confidence of the  community
    51  and to warrant belief that the business will be operated honestly, fair-
    52  ly,  and efficiently within the purpose of this article, the superinten-
    53  dent shall thereupon issue a license in duplicate to engage in the busi-
    54  ness of servicing student loans described in section seven  hundred  ten
    55  of  this  article  in accordance with the provisions of this article. If
    56  the superintendent shall not so find, the superintendent shall not issue

        S. 1508--A                         39                         A. 2008--A
     1  a license, and the superintendent shall so  notify  the  applicant.  The
     2  superintendent shall transmit one copy of a license to the applicant and
     3  file another in the office of the department of financial services. Upon
     4  receipt  of such license, a student loan servicer shall be authorized to
     5  engage in the business of servicing student loans in accordance with the
     6  provisions of this article. Such license shall remain in full force  and
     7  effect  until  it is surrendered by the servicer or revoked or suspended
     8  as hereinafter provided.
     9    2. The superintendent may refuse to issue a license pursuant  to  this
    10  article if he or she shall find that the applicant, or any person who is
    11  a  director,  officer,  partner, agent, employee, member, or substantial
    12  stockholder of the applicant:
    13    (a) has been convicted of a crime involving an  activity  which  is  a
    14  felony  under  this chapter or under article one hundred fifty-five, one
    15  hundred seventy, one hundred seventy-five, one hundred seventy-six,  one
    16  hundred  eighty,  one hundred eighty-five, one hundred eighty-seven, one
    17  hundred ninety, two hundred, two hundred ten or four hundred seventy  of
    18  the penal law or any comparable felony under the laws of any other state
    19  of  the  United  States,  provided  that such crime would be a felony if
    20  committed and prosecuted under the laws of this state;
    21    (b) has had a license or registration revoked by the superintendent or
    22  any other regulator or jurisdiction;
    23    (c) has been an officer,  director,  partner,  member  or  substantial
    24  stockholder of an entity which has had a license or registration revoked
    25  by the superintendent or any other regulator or jurisdiction; or
    26    (d)  has been an agent, employee, officer, director, partner or member
    27  of an entity which has had a license  or  registration  revoked  by  the
    28  superintendent  where  such  person  shall have been found by the super-
    29  intendent to bear responsibility in connection with the revocation.
    30    3. The term "substantial stockholder", as used in this section,  shall
    31  be  deemed  to refer to a person owning or controlling directly or indi-
    32  rectly ten per centum or more of the total outstanding stock of a corpo-
    33  ration.
    34    § 714. Changes in officers and directors. Upon any change  of  any  of
    35  the  executive  officers,  directors, partners or members of any student
    36  loan servicer required to be licensed under section seven hundred eleven
    37  of this article, the student loan servicer shall submit  to  the  super-
    38  intendent  the name, address, and occupation of each new officer, direc-
    39  tor, partner or member, and provide such other information as the super-
    40  intendent may require.
    41    § 715. Changes in control. 1. It shall be  unlawful  except  with  the
    42  prior  approval  of  the superintendent for any action to be taken which
    43  results in a change of control of the business of a student loan  servi-
    44  cer  required  to be licensed under section seven hundred eleven of this
    45  article. Prior to any change of control, the person desirous of  acquir-
    46  ing  control of the business of a student loan servicer shall make writ-
    47  ten application to the superintendent and pay an  investigation  fee  as
    48  prescribed  pursuant to section eighteen-a of this chapter to the super-
    49  intendent. The application shall contain such information as the  super-
    50  intendent,  by  rule or regulation, may prescribe as necessary or appro-
    51  priate  for  the  purpose  of  making  the  determination  required   by
    52  subdivision  two of this section. This information shall include but not
    53  be limited to the information and other material required for a  student
    54  loan servicer by subdivision one of section seven hundred twelve of this
    55  article.

        S. 1508--A                         40                         A. 2008--A
     1    2.  The superintendent shall approve or disapprove the proposed change
     2  of control of a student loan servicer  required  to  be  licensed  under
     3  section  seven  hundred  eleven  of  this article in accordance with the
     4  provisions of section seven hundred thirteen of this article.
     5    3.  For  a period of six months from the date of qualification thereof
     6  and for such  additional  period  of  time  as  the  superintendent  may
     7  prescribe,  in  writing,  the  provisions of subdivisions one and two of
     8  this section shall not apply to a transfer of control  by  operation  of
     9  law  to the legal representative, as hereinafter defined, of one who has
    10  control of a student loan servicer.  Thereafter,  such  legal  represen-
    11  tative  shall  comply with the provisions of subdivisions one and two of
    12  this section. The provisions of subdivisions one and two of this section
    13  shall be applicable to an application made under such section by a legal
    14  representative. The term "legal representative",  for  the  purposes  of
    15  this  subdivision, shall mean one duly appointed by a court of competent
    16  jurisdiction to act  as  executor,  administrator,  trustee,  committee,
    17  conservator  or  receiver,  including one who succeeds a legal represen-
    18  tative and one acting in an ancillary  capacity  thereto  in  accordance
    19  with the provisions of such court appointment.
    20    4.  As  used  in this section the term "control" means the possession,
    21  directly or indirectly, of the power to direct or cause the direction of
    22  the management and policies of a student loan servicer, whether  through
    23  the  ownership of voting stock of such student loan servicer, the owner-
    24  ship of voting stock of any person which possesses such power or  other-
    25  wise.  Control  shall  be  presumed  to exist if any person, directly or
    26  indirectly, owns, controls or holds with power to vote ten per centum or
    27  more of the voting stock of any student loan servicer or of  any  person
    28  which  owns, controls or holds with power to vote ten per centum or more
    29  of the voting stock of any student loan servicer, but no person shall be
    30  deemed to control a student loan servicer solely by reason of  being  an
    31  officer  or  director  of such student loan servicer. The superintendent
    32  may in his or her discretion, upon the application  of  a  student  loan
    33  servicer  or  any  person who, directly or indirectly, owns, controls or
    34  holds with power to vote or seeks to own, control or hold with power  to
    35  vote  any  voting stock of such student loan servicer, determine whether
    36  or not the ownership, control or holding of such  voting  stock  consti-
    37  tutes  or  would  constitute  control  of such student loan servicer for
    38  purposes of this section.
    39    § 716. Grounds for suspension  or  revocation  of  license.  1.  After
    40  notice and hearing, the superintendent may revoke or suspend any license
    41  to  engage in the business of a student loan servicer issued pursuant to
    42  this article if he or she shall find that:
    43    (a) a servicer has violated any provision of this article, any rule or
    44  regulation promulgated  by  the  superintendent  under  and  within  the
    45  authority of this article, or any other applicable law;
    46    (b)  any fact or condition exists which, if it had existed at the time
    47  of the original application for such license, would have  warranted  the
    48  superintendent refusing originally to issue such license;
    49    (c) a servicer does not cooperate with an examination or investigation
    50  by the superintendent;
    51    (d)  a  servicer  engages  in fraud, intentional misrepresentation, or
    52  gross negligence in servicing a student loan;
    53    (e) the competence, experience, character, or general fitness  of  the
    54  servicer, an individual controlling, directly or indirectly, ten percent
    55  or  more  of  the  outstanding  interests, or any person responsible for
    56  servicing a student loan for the servicer indicates that it  is  not  in

        S. 1508--A                         41                         A. 2008--A
     1  the public interest to permit the servicer to continue servicing student
     2  loans;
     3    (f) the servicer engages in an unsafe or unsound practice;
     4    (g) the servicer is insolvent, suspends payment of its obligations, or
     5  makes a general assignment for the benefit of its creditors; or
     6    (h) a servicer has violated the laws of this state, any other state or
     7  any  federal  law  involving fraudulent or dishonest dealing, or a final
     8  judgement has been entered against a student loan servicer  in  a  civil
     9  action upon grounds of fraud, misrepresentation or deceit.
    10    2.  The  superintendent  may, on good cause shown, or where there is a
    11  substantial risk of public harm, suspend any license for  a  period  not
    12  exceeding  thirty  days, pending investigation. "Good cause", as used in
    13  this subdivision, shall exist when a student loan servicer has defaulted
    14  or is likely to default  in  performing  its  financial  engagements  or
    15  engages  in  dishonest or inequitable practices which may cause substan-
    16  tial harm to the persons afforded the protection of this article.
    17    3. Except as provided in subdivision two of this section,  no  license
    18  shall  be  revoked or suspended except after notice and hearing thereon.
    19  Any order of suspension issued after notice and a hearing may include as
    20  a condition of reinstatement that the student loan servicer make  resti-
    21  tution  to consumers of fees or other charges which have been improperly
    22  charged or  collected,  including  but  not  limited  to  by  allocating
    23  payments contrary to a borrower's direction or in a manner that fails to
    24  help  a borrower avoid default, as determined by the superintendent. Any
    25  hearing held pursuant  to  the  provisions  of  this  section  shall  be
    26  noticed,  conducted and administered in compliance with the state admin-
    27  istrative procedure act.
    28    4. Any student loan servicer may surrender any license  by  delivering
    29  to  the  superintendent  written  notice that it thereby surrenders such
    30  license, but such surrender shall not affect such  servicer's  civil  or
    31  criminal  liability  for acts committed prior to such surrender. If such
    32  surrender is made after the issuance by the superintendent of  a  state-
    33  ment  of  charges  and notice of hearing, the superintendent may proceed
    34  against the servicer as if such surrender had not taken place.
    35    5. No revocation, suspension, or surrender of any license shall impair
    36  or affect the obligation of any pre-existing lawful contract between the
    37  student loan servicer and any person, including the department of finan-
    38  cial services.
    39    6. Every license issued pursuant to this article shall remain in force
    40  and effect until the  same  shall  have  been  surrendered,  revoked  or
    41  suspended in accordance with any other provisions of this article.
    42    7.  Whenever  the  superintendent  shall  revoke  or suspend a license
    43  issued pursuant to this article, he or she shall  forthwith  execute  in
    44  duplicate  a written order to that effect. The superintendent shall file
    45  one copy of such order in the office of the department and shall  forth-
    46  with serve the other copy upon the student loan servicer. Any such order
    47  may  be  reviewed in the manner provided by article seventy-eight of the
    48  civil practice law and rules.
    49    § 717. Books and records;  reports  and  electronic  filing.  1.  Each
    50  student  loan  servicer  shall  keep and use in its business such books,
    51  accounts and records as will  enable  the  superintendent  to  determine
    52  whether  such  servicer  or  exempt  organization  is complying with the
    53  provisions of this article and with the rules and  regulations  lawfully
    54  made  by  the  superintendent. Every servicer shall preserve such books,
    55  accounts, and records, for at least three years.

        S. 1508--A                         42                         A. 2008--A
     1    2. (a) Each student loan servicer, other than an exempt  organization,
     2  shall  annually, on or before a date to be determined by the superinten-
     3  dent, file a report with the superintendent giving such  information  as
     4  the  superintendent  may  require concerning the business and operations
     5  during  the  preceding calendar year of such servicer under authority of
     6  this article. Such report shall be subscribed and affirmed  as  true  by
     7  the  servicer  under  the  penalties of perjury and shall be in the form
     8  prescribed by the superintendent.
     9    (b) In addition to annual reports, the superintendent may require such
    10  additional regular or special reports as he or she may deem necessary to
    11  the proper supervision of student loan  servicers  under  this  article.
    12  Such  additional reports shall be subscribed and affirmed as true by the
    13  servicer under the penalties  of  perjury  and  shall  be  in  the  form
    14  prescribed by the superintendent.
    15    3.  Notwithstanding  article  three of the state technology law or any
    16  other law to the contrary,  the  superintendent  may  require  that  any
    17  submission  or approval as may be required by the superintendent be made
    18  or executed by electronic means if he  or  she  deems  it  necessary  to
    19  ensure the efficient administration of this article.
    20    §  718.  Rules  and  Regulations. 1. In addition to such powers as may
    21  otherwise be prescribed by law, the superintendent is hereby  authorized
    22  and  empowered  to  promulgate  such rules and regulations as may in the
    23  judgement of the superintendent be consistent with the purposes of  this
    24  article,  or  appropriate for the effective administration of this arti-
    25  cle, including, but not limited to:
    26    (a) Such rules and regulations in connection with  the  activities  of
    27  student  loan  servicers  as  may  be  necessary and appropriate for the
    28  protection of borrowers in this state.
    29    (b) Such rules and regulations as may be necessary and appropriate  to
    30  define unfair, deceptive or abusive acts or practices in connection with
    31  the activities of student loan servicers.
    32    (c)  Such  rules  and regulations as may define the terms used in this
    33  article and as may be necessary and appropriate to interpret and  imple-
    34  ment the provisions of this article.
    35    (d) Such rules and regulations as may be necessary for the enforcement
    36  of this article.
    37    2.  The superintendent is hereby authorized and empowered to make such
    38  specific rulings, demands and findings as the  superintendent  may  deem
    39  necessary for the proper conduct of the student loan servicing industry.
    40    § 719. Prohibited practices. No student loan servicer shall:
    41    1.  Employ  any  scheme,  device  or  artifice to defraud or mislead a
    42  borrower;
    43    2. Engage in any unfair, deceptive or predatory act or practice toward
    44  any  person  or  misrepresent  or  omit  any  material  information   in
    45  connection  with  the  servicing  of  a student loan, including, but not
    46  limited to, misrepresenting the amount, nature or terms of  any  fee  or
    47  payment due or claimed to be due on a student loan, the terms and condi-
    48  tions  of  the  loan  agreement  or the borrower's obligations under the
    49  loan;
    50    3. Misapply payments to the outstanding balance of any student loan or
    51  to any related interest or fees;
    52    4. Provide inaccurate information to a consumer reporting agency;
    53    5. Refuse to communicate with  an  authorized  representative  of  the
    54  borrower  who  provides  a written authorization signed by the borrower,
    55  provided that the servicer may adopt procedures  reasonably  related  to

        S. 1508--A                         43                         A. 2008--A
     1  verifying that the representative is in fact authorized to act on behalf
     2  of the borrower;
     3    6. Make any false statement or make any omission of a material fact in
     4  connection  with  any  information  or reports filed with a governmental
     5  agency or in connection with any investigation conducted by  the  super-
     6  intendent or another governmental agency;
     7    7. Fail to respond within fifteen calendar days to communications from
     8  the  department,  or within such shorter, reasonable time as the depart-
     9  ment may request in his or her communication; or
    10    8. Fail to provide a  response  within  fifteen  calendar  days  to  a
    11  consumer  complaint  submitted  to  the  servicer  by the department. If
    12  necessary, a student loan servicer may request additional time up  to  a
    13  maximum  of  forty-five  calendar  days,  provided  that such request is
    14  accompanied by an explanation why such additional time is reasonable and
    15  necessary.
    16    § 720. Servicing student loans without a license. 1. Whenever, in  the
    17  opinion  of  the  superintendent, a person is engaged in the business of
    18  servicing student loans, other than federal loans,  either  actually  or
    19  through  subterfuge,  without  a  license  from  the superintendent, the
    20  superintendent may order that person to desist and refrain from engaging
    21  in the business of servicing student loans  in  the  state.  If,  within
    22  thirty  days  after an order is served, a request for a hearing is filed
    23  in writing and the hearing is not held within sixty days of the  filing,
    24  the order shall be rescinded.
    25    2. This section does not apply to exempt organizations.
    26    §  721.  Responsibilities.  1.  If  a  student loan servicer regularly
    27  reports information to a consumer reporting agency, the  servicer  shall
    28  accurately  report  a  borrower's  payment  performance  to at least one
    29  consumer reporting agency that compiles and maintains files on consumers
    30  on a nationwide basis as defined in Section 603(p) of the  federal  Fair
    31  Credit  Reporting  Act  (15  U.S.C. Sec. 1681a(p)), upon acceptance as a
    32  data furnisher by that consumer reporting agency.
    33    2. (a) Except as provided in federal law or required by a student loan
    34  agreement, a student loan servicer shall inquire of a  borrower  how  to
    35  apply  a borrower's nonconforming payment. A borrower's direction on how
    36  to apply a nonconforming payment shall remain in effect for  any  future
    37  nonconforming  payment  during  the  term  of  a  student loan until the
    38  borrower provides different directions.
    39    (b) For purposes of this subdivision,  "nonconforming  payment"  shall
    40  mean  a payment that is either more or less than the borrower's required
    41  student loan payment.
    42    3. (a) If the sale, assignment, or other transfer of the servicing  of
    43  a student loan results in a change in the identity of the person to whom
    44  the  borrower  is  required  to  send  subsequent payments or direct any
    45  communications concerning the student  loan,  a  student  loan  servicer
    46  shall  transfer  all  information  regarding  a  borrower,  a borrower's
    47  account, and a borrower's student loan, including but not limited to the
    48  borrower's repayment status and any borrower  benefits  associated  with
    49  the  borrower's student loan, to the new student loan servicer servicing
    50  the borrower's student loan within forty-five days.
    51    (b) A student loan servicer shall adopt  policies  and  procedures  to
    52  verify  that  it  has  received  all information regarding a borrower, a
    53  borrower's account, and a borrower's student  loan,  including  but  not
    54  limited  to  the  borrower's  repayment status and any borrower benefits
    55  associated with the borrower's student loan, when the  servicer  obtains
    56  the right to service a student loan.

        S. 1508--A                         44                         A. 2008--A
     1    4.  If  a student loan servicer sells, assigns, or otherwise transfers
     2  the servicing of a student loan to a new servicer, the sale,  assignment
     3  or  other  transfer  shall  be  completed at least seven days before the
     4  borrower's next payment is due.
     5    5.  (a)  A  student  loan  servicer  that sells, assigns, or otherwise
     6  transfers the servicing of a student loan shall require as  a  condition
     7  of  such  sale,  assignment  or other transfer that the new student loan
     8  servicer shall honor all borrower  benefits  originally  represented  as
     9  being  available  to a borrower during the repayment of the student loan
    10  and the possibility of such benefits, including any benefits  that  were
    11  represented  as  being  available but for which the borrower had not yet
    12  qualified.
    13    (b) A student loan servicer  that  obtains  the  right  to  service  a
    14  student loan shall honor all borrower benefits originally represented as
    15  being  available  to a borrower during the repayment of the student loan
    16  and the possibility of such benefits, including any benefits  that  were
    17  represented  as  being  available but for which the borrower had not yet
    18  qualified.
    19    6. A student loan servicer shall  respond  within  thirty  days  after
    20  receipt  to  a written inquiry from a borrower or a borrower's represen-
    21  tative.
    22    7. A student loan servicer shall preserve records of each student loan
    23  and all communications with  borrowers  for  not  less  than  two  years
    24  following the final payment on such student loan or the sale, assignment
    25  or  other  transfer  of  the  servicing  of such student loan, whichever
    26  occurs first, or such longer period as may  be  required  by  any  other
    27  provision of law.
    28    §  722.  Examinations.  1.  The superintendent may at any time, and as
    29  often as he or she may determine, either personally or by a person  duly
    30  designated  by  the superintendent, investigate the business and examine
    31  the books, accounts, records, and files used therein  of  every  student
    32  loan  servicer.  For that purpose the superintendent and his or her duly
    33  designated representative shall have free  access  to  the  offices  and
    34  places  of  business, books, accounts, papers, records, files, safes and
    35  vaults of all such servicers. The superintendent  and  any  person  duly
    36  designated  by him or her shall have authority to require the attendance
    37  of and to examine under oath all persons whose testimony he or  she  may
    38  require relative to such business.
    39    2.  No  person  subject  to  investigation  or  examination under this
    40  section may knowingly withhold, abstract, remove, mutilate,  destroy  or
    41  secrete any books, records, computer records or other information.
    42    3.  The  expenses  incurred in making any examination pursuant to this
    43  section shall be assessed against and paid by the student loan  servicer
    44  so examined, except that travelling and subsistence expenses so incurred
    45  shall  be  charged  against and paid by servicers in such proportions as
    46  the superintendent shall deem just  and  reasonable,  and  such  propor-
    47  tionate  charges  shall be added to the assessment of the other expenses
    48  incurred upon each examination. Upon written notice by  the  superinten-
    49  dent  of  the total amount of such assessment, the servicer shall become
    50  liable for and shall pay such assessment to the superintendent.
    51    4. In any hearing in which a department employee acting under authori-
    52  ty of this chapter is  available  for  cross-examination,  any  official
    53  written  report, worksheet, other related papers, or duly certified copy
    54  thereof, compiled, prepared, drafted, or otherwise made by said  depart-
    55  ment  employee,  after being duly authenticated by said employee, may be
    56  admitted as competent evidence upon the oath of said employee that  said

        S. 1508--A                         45                         A. 2008--A
     1  worksheet,   investigative  report,  or  other  related  documents  were
     2  prepared as a result of an examination of the books  and  records  of  a
     3  servicer  or  other  person, conducted pursuant to the authority of this
     4  chapter.
     5    5.  Unless  it is an exempt organization, affiliates of a student loan
     6  servicer are subject to examination by the superintendent  on  the  same
     7  terms  as the servicer, but only when reports from, or examination of, a
     8  servicer provides evidence of unlawful activity between a  servicer  and
     9  affiliate  benefitting,  affecting, or arising from the activities regu-
    10  lated by this article.
    11    6. This section shall not apply to exempt organizations. To the extent
    12  the superintendent is authorized by any other law to make an examination
    13  into the affairs of any exempt organization, this subdivision shall  not
    14  be construed to limit in any way the superintendent's authority, regard-
    15  ing the subjects of such an examination, or otherwise.
    16    § 723. Penalties for violation of this article. 1. In addition to such
    17  penalties  as  may  otherwise  be  applicable  by law, including but not
    18  limited to the penalties available  under  section  forty-four  of  this
    19  chapter,  the  superintendent may, after notice and hearing, require any
    20  person found violating the provisions of this article or  the  rules  or
    21  regulations  promulgated  hereunder to pay to the people of this state a
    22  penalty for each violation of the article or any  regulation  or  policy
    23  promulgated  hereunder  a sum not to exceed the greater of (i) ten thou-
    24  sand dollars for each offense; (ii) a multiple of two times  the  aggre-
    25  gate  damages  attributable to the violation; or (iii) a multiple of two
    26  times the aggregate economic gain attributable to the violation.
    27    2. Nothing in this article shall limit  any  statutory  or  common-law
    28  right of any person to bring any action in any court for any act, or the
    29  right of the state to punish any person for any violation of any law.
    30    §  724.  Severability of provisions. If any provision of this article,
    31  or the application of such provision  to  any  person  or  circumstance,
    32  shall  be  held  invalid, illegal or unenforceable, the remainder of the
    33  article, and the application of such provision  to  persons  or  circum-
    34  stances  other  than  those  as  to which it is held invalid, illegal or
    35  unenforceable, shall not be affected thereby.
    36    § 725. Compliance with other laws. 1.  Student  loan  servicers  shall
    37  engage in the business of servicing student loans in conformity with the
    38  provisions  of  the financial services law, this chapter, such rules and
    39  regulations as may be promulgated by the superintendent  thereunder  and
    40  all  applicable  federal  laws and the rules and regulations promulgated
    41  thereunder.
    42    2. Nothing in this section shall be construed to limit  any  otherwise
    43  applicable state or federal law or regulations.
    44    §  2.  Subdivision  10 of section 36 of the banking law, as amended by
    45  chapter 182 of the laws of 2011, is amended to read as follows:
    46    10. All reports of examinations and investigations, correspondence and
    47  memoranda concerning or arising out of  such  examination  and  investi-
    48  gations,  including any duly authenticated copy or copies thereof in the
    49  possession of any banking organization,  bank  holding  company  or  any
    50  subsidiary  thereof  (as  such terms "bank holding company" and "subsid-
    51  iary" are defined in article three-A of this chapter),  any  corporation
    52  or  any  other  entity affiliated with a banking organization within the
    53  meaning of subdivision six of this section and any  non-banking  subsid-
    54  iary  of  a  corporation  or any other entity which is an affiliate of a
    55  banking organization within the meaning of  subdivision  six-a  of  this
    56  section,  foreign  banking corporation, licensed lender, licensed casher

        S. 1508--A                         46                         A. 2008--A
     1  of  checks,  licensed  mortgage  banker,  registered  mortgage   broker,
     2  licensed  mortgage  loan  originator,  licensed  sales  finance company,
     3  registered mortgage  loan  servicer,  licensed  student  loan  servicer,
     4  licensed  insurance  premium  finance  agency,  licensed  transmitter of
     5  money, licensed budget planner, any other person or  entity  subject  to
     6  supervision under this chapter, or the department, shall be confidential
     7  communications,  shall  not be subject to subpoena and shall not be made
     8  public unless, in the  judgment  of  the  superintendent,  the  ends  of
     9  justice  and  the  public advantage will be subserved by the publication
    10  thereof, in which event the superintendent may publish or authorize  the
    11  publication  of  a  copy  of any such report or any part thereof in such
    12  manner as may be deemed proper or unless such laws specifically  author-
    13  ize  such  disclosure. For the purposes of this subdivision, "reports of
    14  examinations and investigations, and any  correspondence  and  memoranda
    15  concerning  or  arising  out  of  such examinations and investigations",
    16  includes any such materials of a bank, insurance or securities regulato-
    17  ry agency or any unit of the federal government or that  of  this  state
    18  any  other  state or that of any foreign government which are considered
    19  confidential by such agency or unit and which are in the  possession  of
    20  the  department  or which are otherwise confidential materials that have
    21  been shared by the department with any such agency or unit  and  are  in
    22  the possession of such agency or unit.
    23    § 3. Section 39 of the banking law, as amended by section 1 of part FF
    24  of chapter 59 of the laws of 2004, subdivisions 1, 2 and 5 as amended by
    25  chapter 123 of the laws of 2009, subdivision 3 as amended by chapter 155
    26  of  the  laws of 2012 and subdivision 6 as amended by chapter 217 of the
    27  laws of 2010, is amended to read as follows:
    28    § 39. Orders of superintendent. 1. To appear and explain  an  apparent
    29  violation. Whenever it shall appear to the superintendent that any bank-
    30  ing  organization,  bank  holding  company,  registered mortgage broker,
    31  licensed mortgage banker, licensed  student  load  servicer,  registered
    32  mortgage  loan  servicer,  licensed  mortgage  loan originator, licensed
    33  lender, licensed casher  of  checks,  licensed  sales  finance  company,
    34  licensed  insurance  premium  finance  agency,  licensed  transmitter of
    35  money, licensed budget planner, out-of-state state bank that maintains a
    36  branch or branches or representative or other offices in this state,  or
    37  foreign  banking  corporation licensed by the superintendent to do busi-
    38  ness or maintain a representative office in this state has violated  any
    39  law  or  regulation,  he  or she may, in his or her discretion, issue an
    40  order describing such apparent  violation  and  requiring  such  banking
    41  organization, bank holding company, registered mortgage broker, licensed
    42  mortgage  banker, licensed student loan servicer, licensed mortgage loan
    43  originator, licensed lender, licensed casher of checks,  licensed  sales
    44  finance  company,  licensed  insurance  premium finance agency, licensed
    45  transmitter of money, licensed budget planner, out-of-state  state  bank
    46  that  maintains  a branch or branches or representative or other offices
    47  in this state, or foreign banking corporation to appear  before  him  or
    48  her,  at a time and place fixed in said order, to present an explanation
    49  of such apparent violation.
    50    2. To discontinue unauthorized or unsafe and unsound practices.  When-
    51  ever  it  shall  appear to the superintendent that any banking organiza-
    52  tion, bank holding company, registered mortgage broker,  licensed  mort-
    53  gage  banker,  licensed  student loan servicer, registered mortgage loan
    54  servicer, licensed mortgage loan originator, licensed  lender,  licensed
    55  casher  of  checks,  licensed  sales finance company, licensed insurance
    56  premium finance agency, licensed transmitter of money,  licensed  budget

        S. 1508--A                         47                         A. 2008--A
     1  planner,  out-of-state state bank that maintains a branch or branches or
     2  representative or other offices in this state, or foreign banking corpo-
     3  ration licensed by the superintendent to do business in  this  state  is
     4  conducting  business in an unauthorized or unsafe and unsound manner, he
     5  or she may, in his or her  discretion,  issue  an  order  directing  the
     6  discontinuance of such unauthorized or unsafe and unsound practices, and
     7  fixing a time and place at which such banking organization, bank holding
     8  company,  registered mortgage broker, licensed mortgage banker, licensed
     9  student loan servicer, registered mortgage loan servicer, licensed mort-
    10  gage loan  originator,  licensed  lender,  licensed  casher  of  checks,
    11  licensed sales finance company, licensed insurance premium finance agen-
    12  cy, licensed transmitter of money, licensed budget planner, out-of-state
    13  state  bank  that  maintains  a  branch or branches or representative or
    14  other offices in this state, or foreign banking corporation  may  volun-
    15  tarily appear before him or her to present any explanation in defense of
    16  the practices directed in said order to be discontinued.
    17    3.  To  make  good  impairment of capital or to ensure compliance with
    18  financial requirements. Whenever it shall appear to  the  superintendent
    19  that  the  capital  or  capital  stock of any banking organization, bank
    20  holding company or any subsidiary thereof which is  organized,  licensed
    21  or  registered  pursuant  to this chapter, is impaired, or the financial
    22  requirements imposed by subdivision one of section two hundred two-b  of
    23  this  chapter  or  any regulation of the superintendent on any branch or
    24  agency of a foreign banking corporation or  the  financial  requirements
    25  imposed  by  this chapter or any regulation of the superintendent on any
    26  licensed lender, registered mortgage broker, licensed  mortgage  banker,
    27  licensed  student  loan  servicer,  licensed  casher of checks, licensed
    28  sales  finance  company,  licensed  insurance  premium  finance  agency,
    29  licensed transmitter of money, licensed budget planner or private banker
    30  are  not  satisfied,  the  superintendent  may,  in the superintendent's
    31  discretion, issue an order directing  that  such  banking  organization,
    32  bank holding company, branch or agency of a foreign banking corporation,
    33  registered  mortgage  broker, licensed mortgage banker, licensed student
    34  loan servicer, licensed lender,  licensed  casher  of  checks,  licensed
    35  sales  finance  company,  licensed  insurance  premium  finance  agency,
    36  licensed transmitter of money, licensed budget planner, or private bank-
    37  er make good such deficiency forthwith or within  a  time  specified  in
    38  such order.
    39    4. To make good encroachments on reserves. Whenever it shall appear to
    40  the superintendent that either the total reserves or reserves on hand of
    41  any  banking  organization, branch or agency of a foreign banking corpo-
    42  ration are below the amount required by or pursuant to this  chapter  or
    43  any other applicable provision of law or regulation to be maintained, or
    44  that  such  banking  organization, branch or agency of a foreign banking
    45  corporation is not keeping its reserves on  hand  as  required  by  this
    46  chapter  or  any  other applicable provision of law or regulation, he or
    47  she may, in his or her discretion, issue an order  directing  that  such
    48  banking  organization, branch or agency of a foreign banking corporation
    49  make good such reserves forthwith or within a  time  specified  in  such
    50  order, or that it keep its reserves on hand as required by this chapter.
    51    5.  To keep books and accounts as prescribed. Whenever it shall appear
    52  to the superintendent that any banking organization, bank holding compa-
    53  ny, registered  mortgage  broker,  licensed  mortgage  banker,  licensed
    54  student loan servicer, registered mortgage loan servicer, licensed mort-
    55  gage  loan  originator,  licensed  lender,  licensed  casher  of checks,
    56  licensed sales finance company, licensed insurance premium finance agen-

        S. 1508--A                         48                         A. 2008--A
     1  cy, licensed transmitter of money, licensed budget  planner,  agency  or
     2  branch  of  a foreign banking corporation licensed by the superintendent
     3  to do business in this state, does not keep its books  and  accounts  in
     4  such manner as to enable him or her to readily ascertain its true condi-
     5  tion,  he or she may, in his or her discretion, issue an order requiring
     6  such banking organization, bank  holding  company,  registered  mortgage
     7  broker, licensed mortgage banker, licensed student loan servicer, regis-
     8  tered   mortgage  loan  servicer,  licensed  mortgage  loan  originator,
     9  licensed lender, licensed  casher  of  checks,  licensed  sales  finance
    10  company, licensed insurance premium finance agency, licensed transmitter
    11  of  money,  licensed  budget planner, or foreign banking corporation, or
    12  the officers or agents thereof, or any of them, to open  and  keep  such
    13  books  or accounts as he or she may, in his or her discretion, determine
    14  and prescribe for the purpose of keeping accurate and convenient records
    15  of its transactions and accounts.
    16    6. As used in this section, "bank holding company" shall have the same
    17  meaning as that term is defined in section one hundred forty-one of this
    18  chapter.
    19    § 4. Paragraph (a) of subdivision 1 of section 44 of the banking  law,
    20  as  amended  by  chapter  155 of the laws of 2012, is amended to read as
    21  follows:
    22    (a) Without limiting any power granted to the superintendent under any
    23  other provision of this chapter, the superintendent may, in a proceeding
    24  after notice and a hearing, require any safe deposit  company,  licensed
    25  lender,  licensed  casher  of  checks,  licensed  sales finance company,
    26  licensed insurance  premium  finance  agency,  licensed  transmitter  of
    27  money,  licensed mortgage banker, licensed student loan servicer, regis-
    28  tered mortgage broker, licensed  mortgage  loan  originator,  registered
    29  mortgage  loan  servicer or licensed budget planner to pay to the people
    30  of this state a penalty for any violation of  this  chapter,  any  regu-
    31  lation  promulgated  thereunder,  any  final  or  temporary order issued
    32  pursuant to section thirty-nine of this article, any  condition  imposed
    33  in  writing  by  the  superintendent in connection with the grant of any
    34  application or request, or any written agreement entered into  with  the
    35  superintendent.
    36    § 5. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law.
    38                                   PART M
    39    Section  1.  Section  2  of  part FF of chapter 55 of the laws of 2017
    40  relating to motor vehicles equipped with autonomous vehicle  technology,
    41  as  amended by section 2 of part H of chapter 58 of the laws of 2018, is
    42  amended to read as follows:
    43    § 2. The commissioner of motor vehicles shall,  in  consultation  with
    44  the superintendent of state police, submit a report to the governor, the
    45  temporary  president of the senate, the speaker of the assembly, and the
    46  chairs of the senate  and  assembly  transportation  committees  on  the
    47  demonstrations  and  tests  authorized  by section one of this act. Such
    48  report shall include, but not be limited to, a description of the param-
    49  eters and purpose of such demonstrations  and  tests,  the  location  or
    50  locations  where  demonstrations  and  tests  were conducted, the demon-
    51  strations' and  tests'  impacts  on  safety,  traffic  control,  traffic
    52  enforcement,  emergency services, and such other areas as may be identi-
    53  fied by such commissioner. Such commissioner shall  submit  such  report

        S. 1508--A                         49                         A. 2008--A
     1  [on  or  before  June  1, 2018 and June 1, 2019] June first of each year
     2  this section remains in effect.
     3    §  2.  Section 3 of part FF of chapter 55 of the laws of 2017 relating
     4  to motor  vehicles  equipped  with  autonomous  vehicle  technology,  as
     5  amended  by  section  3  of part H of chapter 58 of the laws of 2018, is
     6  amended to read as follows:
     7    § 3. This act shall take effect April 1, 2017; provided, however, that
     8  section one of this act shall expire and be  deemed  repealed  April  1,
     9  [2019] 2021.
    10    §  3. a. The New York state commissioner of motor vehicles may approve
    11  demonstrations and tests consisting of the operation of a motor  vehicle
    12  equipped  with autonomous vehicle technology while such motor vehicle is
    13  engaged in the use of such technology on  public  highways  within  this
    14  state for the purposes of demonstrating and assessing the current devel-
    15  opment  of autonomous vehicle technology and to begin identifying poten-
    16  tial impacts of such technology  on  safety,  traffic  control,  traffic
    17  enforcement,  emergency services, and such other areas as may be identi-
    18  fied by such commissioner. Such  demonstrations  and  tests  shall  take
    19  place in a manner and form prescribed by the commissioner of motor vehi-
    20  cles including, but not limited to: a requirement that the motor vehicle
    21  utilized  in  such demonstrations and tests complies with all applicable
    22  federal motor vehicle safety standards and New York state motor  vehicle
    23  inspection  standards; and a requirement that the motor vehicle utilized
    24  in such demonstrations and tests has in place, at a  minimum,  financial
    25  security  in  the  amount  of  five million dollars. Nothing in this act
    26  shall authorize the motor vehicle utilized in  such  demonstrations  and
    27  tests  to  operate  in violation of article 22 or title 7 of the vehicle
    28  and traffic law, excluding section 1226 of such law.
    29    b. For the purposes of this  section,  the  term  "autonomous  vehicle
    30  technology"  shall  mean the hardware and software that are collectively
    31  capable of performing part or all of  the  dynamic  driving  task  on  a
    32  sustained  basis,  and the term "dynamic driving task" shall mean all of
    33  the real-time operational and tactical functions required to  operate  a
    34  vehicle  in  on-road  traffic, excluding the strategic functions such as
    35  trip scheduling and selection of destinations and waypoints.
    36    § 4. The commissioner of motor vehicles shall,  in  consultation  with
    37  the superintendent of state police, submit a report to the governor, the
    38  temporary  president of the senate, the speaker of the assembly, and the
    39  chairs of the senate  and  assembly  transportation  committees  on  the
    40  demonstrations  and  tests authorized by section three of this act. Such
    41  report shall include, but not be limited to, a description of the param-
    42  eters and purpose of such demonstrations  and  tests,  the  location  or
    43  locations  where  demonstrations  and  tests  were conducted, the demon-
    44  strations' and  tests'  impacts  on  safety,  traffic  control,  traffic
    45  enforcement,  emergency services, and such other areas as may be identi-
    46  fied by such commissioner. The commissioner shall submit such report  on
    47  or  before  June first of each year section three of this act remains in
    48  effect.
    49    § 5. Section 1226 of the vehicle and traffic law is REPEALED.
    50    § 6. The commissioner of motor  vehicles  and  the  superintendent  of
    51  financial services shall establish regulations consistent with this act.
    52    §  7.  This act shall take effect immediately; provided, however, that
    53  sections three, four, and five of this act shall take  effect  April  1,
    54  2021.
    55                                   PART N

        S. 1508--A                         50                         A. 2008--A
     1    Section  1. Section 6 of chapter 713 of the laws of 1988, amending the
     2  vehicle and traffic  law  relating  to  the  ignition  interlock  device
     3  program, as amended by section 14 of part A of chapter 55 of the laws of
     4  2017, is amended to read as follows:
     5    §  6.  This  act  shall  take  effect  on  the first day of April next
     6  succeeding the date on which it  shall  have  become  a  law;  provided,
     7  however,  that  effective immediately, the addition, amendment or repeal
     8  of any rule or regulation necessary for the implementation of the  fore-
     9  going  sections  of  this  act on their effective date is authorized and
    10  directed to be made and completed on or before such effective  date  and
    11  shall  remain in full force and effect until the first day of September,
    12  [2019] 2021 when upon such date the provisions  of  this  act  shall  be
    13  deemed repealed.
    14    § 2. This act shall take effect immediately.
    15                                   PART O
    16    Section  1.  Subdivision (p) of section 406 of chapter 166 of the laws
    17  of 1991, amending the tax law and  other  laws  relating  to  taxes,  as
    18  amended  by  section  12 of part A of chapter 55 of the laws of 2017, is
    19  amended to read as follows:
    20    (p) The amendments to section 1809 of the vehicle and traffic law made
    21  by sections three hundred thirty-seven and three hundred thirty-eight of
    22  this act shall not apply to any offense committed prior to  such  effec-
    23  tive  date;  provided,  further, that section three hundred forty-one of
    24  this act shall take effect immediately and shall expire November 1, 1993
    25  at which time it  shall  be  deemed  repealed;  sections  three  hundred
    26  forty-five  and  three  hundred  forty-six of this act shall take effect
    27  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
    28  six,  three hundred fifty-seven and three hundred fifty-nine of this act
    29  shall take effect immediately and shall expire June 30, 1995  and  shall
    30  revert to and be read as if this act had not been enacted; section three
    31  hundred  fifty-eight of this act shall take effect immediately and shall
    32  expire June 30, 1998 and shall revert to and be read as if this act  had
    33  not been enacted; section three hundred sixty-four through three hundred
    34  sixty-seven  of  this  act  shall apply to claims filed on or after such
    35  effective date; sections three hundred sixty-nine, three hundred  seven-
    36  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    37  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    38  remain  in  effect  until  September  1, [2019] 2021, at which time they
    39  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    40  surcharge  provided  in  section  three hundred seventy-four of this act
    41  shall apply to parking violations occurring on or after  said  effective
    42  date;  and  provided  further that the amendments made to section 235 of
    43  the vehicle and traffic law by section three hundred seventy-two of this
    44  act, the amendments made to section 1809 of the vehicle and traffic  law
    45  by sections three hundred thirty-seven and three hundred thirty-eight of
    46  this  act  and  the amendments made to section 215-a of the labor law by
    47  section three hundred seventy-five of this act shall expire on September
    48  1, [2019] 2021 and upon such date the provisions  of  such  subdivisions
    49  and  sections  shall  revert to and be read as if the provisions of this
    50  act had not been enacted; the amendments to  subdivisions  2  and  3  of
    51  section  400.05 of the penal law made by sections three hundred seventy-
    52  seven and three hundred seventy-eight of this act shall expire  on  July
    53  1,  1992  and  upon  such date the provisions of such subdivisions shall
    54  revert and shall be read as if the provisions of this act had  not  been

        S. 1508--A                         51                         A. 2008--A
     1  enacted;  the  state board of law examiners shall take such action as is
     2  necessary to assure that all applicants for examination for admission to
     3  practice as an attorney and counsellor at law shall  pay  the  increased
     4  examination fee provided for by the amendment made to section 465 of the
     5  judiciary  law by section three hundred eighty of this act for any exam-
     6  ination given on or after the effective date of this act notwithstanding
     7  that an applicant for such examination may have prepaid a lesser fee for
     8  such examination as required by the provisions of such section 465 as of
     9  the date prior to the effective date of  this  act;  the  provisions  of
    10  section  306-a  of  the civil practice law and rules as added by section
    11  three hundred eighty-one of this act shall apply to all actions  pending
    12  on  or  commenced on or after September 1, 1991, provided, however, that
    13  for the purposes of this section service of such summons made  prior  to
    14  such  date  shall be deemed to have been completed on September 1, 1991;
    15  the provisions of section three hundred eighty-three of this  act  shall
    16  apply  to  all  money  deposited  in  connection  with  a cash bail or a
    17  partially secured bail bond on or after such  effective  date;  and  the
    18  provisions  of  sections  three  hundred  eighty-four  and three hundred
    19  eighty-five of this act shall  apply  only  to  jury  service  commenced
    20  during  a judicial term beginning on or after the effective date of this
    21  act; provided, however, that nothing contained herein shall be deemed to
    22  affect the application,  qualification,  expiration  or  repeal  of  any
    23  provision  of law amended by any section of this act and such provisions
    24  shall be applied or qualified or shall expire or be deemed  repealed  in
    25  the same manner, to the same extent and on the same date as the case may
    26  be as otherwise provided by law;
    27    §  2. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    28  amended by section 13 of part A of chapter 55 of the laws  of  2017,  is
    29  amended to read as follows:
    30    8. The provisions of this section shall only apply to offenses commit-
    31  ted on or before September first, two thousand [nineteen] twenty-one.
    32    § 3. This act shall take effect immediately.
    33                                   PART P
    34    Section  1.   The vehicle and traffic law is amended by adding two new
    35  sections 114-e and 114-f to read as follows:
    36    § 114-e. Locally authorized scooter. Every two-wheeled device that  is
    37  no  more  than  sixty  inches in length, twenty-six inches in width, and
    38  fifty-five inches in height, which does not have a seat  or  saddle,  is
    39  designed  to  transport  one  person  standing  on the device and can be
    40  propelled by any power other than muscular power.  Such  device  may  be
    41  lawfully  operated  on public highways pursuant to article thirty-four-D
    42  of this chapter only within such counties,  cities,  towns  or  villages
    43  that have authorized such operation by local law, ordinance, order, rule
    44  or regulation.
    45    § 114-f. Locally authorized motorcycle. Every motor vehicle, including
    46  one partially powered by human power, other than one registered or capa-
    47  ble  of  being  registered  pursuant  to this chapter as a motorcycle or
    48  limited use motorcycle, having a seat or a saddle for  the  use  of  the
    49  rider and designed to travel on two wheels and having a maximum perform-
    50  ance  speed  of  not more than twenty miles per hour. Such device may be
    51  lawfully operated on public highways pursuant to  article  thirty-four-E
    52  of  this  chapter  only  within such counties, cities, towns or villages
    53  that have authorized such operation by local law, ordinance, order, rule
    54  or regulation.

        S. 1508--A                         52                         A. 2008--A
     1    § 2. Section 125 of the vehicle and traffic law, as amended by chapter
     2  365 of the laws of 2008, is amended to read as follows:
     3    § 125. Motor  vehicles. Every vehicle operated or driven upon a public
     4  highway which is propelled by  any  power  other  than  muscular  power,
     5  except  (a)  electrically-driven mobility assistance devices operated or
     6  driven by a person with a disability, (a-1) electric personal  assistive
     7  mobility  devices  operated  outside  a  city  with  a population of one
     8  million or  more,  (a-2)  locally  authorized  scooters,  (a-3)  locally
     9  authorized  motorcycles,  (b)  vehicles  which  run  only  upon rails or
    10  tracks, (c) snowmobiles as defined in article forty-seven of this  chap-
    11  ter, and (d) all terrain vehicles as defined in article forty-eight-B of
    12  this  chapter.  For the purposes of title four of this chapter, the term
    13  motor vehicle shall exclude fire and police vehicles  other  than  ambu-
    14  lances.    For  the purposes of titles four and five of this chapter the
    15  term motor vehicles shall exclude farm type  tractors  and  all  terrain
    16  type  vehicles  used  exclusively for agricultural purposes, or for snow
    17  plowing, other than for hire, farm equipment,  including  self-propelled
    18  machines  used  exclusively  in  growing,  harvesting  or  handling farm
    19  produce, and self-propelled caterpillar or crawler-type equipment  while
    20  being operated on the contract site.
    21    §  3.  The  vehicle and traffic law is amended by adding a new article
    22  34-D to read as follows:
    23                                ARTICLE 34-D
    24                  OPERATION OF LOCALLY AUTHORIZED SCOOTERS
    25  Section 1280. Effect of requirements.
    26          1281. Traffic laws apply to persons operating locally authorized
    27                  scooters; local laws.
    28          1282. Operating locally authorized scooters.
    29          1283. Clinging to vehicles.
    30          1284. Riding on roadways, shoulders and lanes reserved for  non-
    31                  motorized vehicles and devices.
    32          1285. Lamps and other equipment.
    33          1286. Operators to wear protective headgear.
    34          1287.  Leaving  the  scene  of  an  incident involving a locally
    35                  authorized scooter without reporting.
    36          1288. Operation of a locally authorized scooter while under  the
    37                  influence of alcohol or drugs.
    38    § 1280. Effect of requirements. The parent of any child and the guard-
    39  ian  of  any ward shall not authorize or knowingly permit any such child
    40  or ward to violate any of the provisions of this article.
    41    § 1281. Traffic laws apply to  persons  operating  locally  authorized
    42  scooters;  local laws. 1.  Locally authorized scooters may only be oper-
    43  ated on public highways with a posted speed limit of  thirty  miles  per
    44  hour  or  less,  including non-interstate public highways, private roads
    45  open to motor vehicle traffic, and designated bicycle or  in-line  skate
    46  lanes.  Every person operating a locally authorized scooter upon a high-
    47  way or roadway shall be granted all of the rights and shall  be  subject
    48  to  all  of  the  duties  applicable  to the driver of a vehicle by this
    49  title, except as to special requirements in this article and  except  as
    50  to  those  provisions  of  this  title which by their nature can have no
    51  application.
    52    2. Notwithstanding the provisions of subdivision one of  this  section
    53  the  governing  body  of any county, city, town or village may, by local
    54  law, ordinance, order, rule or regulation, further regulate the  maximum
    55  speed,  time,  place  and  manner of the operation of locally authorized
    56  scooters including authorizing the use of locally authorized scooters on

        S. 1508--A                         53                         A. 2008--A
     1  sidewalks, and limiting or prohibiting  the  use  thereof  in  specified
     2  areas under the jurisdiction of such county, city, town or village.
     3    §  1282.  Operating locally authorized scooters. 1. No locally author-
     4  ized scooter shall be used to carry more than one person at one time. No
     5  person operating a locally authorized scooter shall carry any person  as
     6  a  passenger  in  a  pack  fastened  to the operator or fastened to such
     7  scooter.
     8    2. No person shall operate a locally authorized scooter outside during
     9  the period of time between one-half hour after sunset and one-half  hour
    10  before  sunrise unless such person is wearing readily visible reflective
    11  clothing or material which is of a light or bright color.
    12    3. No person operating a locally authorized scooter  shall  carry  any
    13  package,  bundle  or article which prevents the operator from keeping at
    14  least one hand upon the handle bars or which obstructs his or her vision
    15  in any direction.
    16    4. Every person operating a locally authorized scooter shall yield the
    17  right of way to pedestrians and motor vehicles.
    18    5. Every operator of a locally authorized  scooter  shall  be  sixteen
    19  years of age or older.
    20    6.  No  person shall operate a locally authorized scooter in excess of
    21  twenty miles per hour.
    22    7. If the governing body of any county, city, town  or  village  shall
    23  authorize the use of locally authorized scooters upon any sidewalk, such
    24  authorization  shall  not  permit  the  operation  thereof at a speed in
    25  excess of eight miles per hour. Additionally, if such  authorization  is
    26  granted,  no  operator  of a locally authorized scooter shall overtake a
    27  pedestrian on a sidewalk unless there is adequate space for the  locally
    28  authorized scooter to pass around the pedestrian and warning is given to
    29  such pedestrian through the audible device defined in subdivision two of
    30  section twelve hundred eighty-five of this article.
    31    8. A first violation of the provisions of this section shall result in
    32  no  fine.  A second or subsequent violation shall result in a civil fine
    33  not to exceed fifty dollars.
    34    § 1283. Clinging to vehicles. 1. No person operating a locally author-
    35  ized scooter shall attach such scooter, or himself  or  herself  to  any
    36  vehicle being operated upon a roadway.
    37    2. No vehicle operator shall knowingly permit any person to attach any
    38  locally  authorized  scooter  or  himself  or herself to such operator's
    39  vehicle in violation of subdivision one of this section.
    40    § 1284. Riding on roadways, shoulders and lanes reserved  for  non-mo-
    41  torized  vehicles and devices. 1. Upon all roadways, any locally author-
    42  ized scooter shall be operated either on a  usable  bicycle  or  in-line
    43  skate  lane  or,  if a usable bicycle or in-line skate lane has not been
    44  provided, near the right-hand curb or edge of  the  roadway  or  upon  a
    45  usable  right-hand  shoulder in such a manner as to prevent undue inter-
    46  ference with the flow of traffic except when preparing to turn  left  at
    47  an  intersection  or  when reasonably necessary to avoid conditions that
    48  would make it unsafe to continue along near the right-hand curb or  edge
    49  of  the  roadway. Conditions to be taken into consideration include, but
    50  are not limited to, fixed or moving objects, vehicles, bicycles, in-line
    51  skaters, pedestrians, animals, surface hazards  and  traffic  lanes  too
    52  narrow  for  a locally authorized scooter and a vehicle to travel safely
    53  side-by-side within the lane.
    54    2. Persons operating locally authorized scooters upon a roadway  shall
    55  ride  single file.  Persons operating locally authorized scooters upon a
    56  shoulder, bicycle or in-line skate lane, or  bicycle  or  in-line  skate

        S. 1508--A                         54                         A. 2008--A
     1  path,  intended  for  the  use  of bicycles, electric personal assistive
     2  mobility devices, locally authorized scooters, locally authorized motor-
     3  cycles or in-line skates may ride two  or  more  abreast  if  sufficient
     4  space  is  available, except that when passing a vehicle, bicycle, elec-
     5  tric personal assistive mobility  device,  locally  authorized  scooter,
     6  person on in-line skates or pedestrian standing or proceeding along such
     7  shoulder,  lane  or  path, persons operating locally authorized scooters
     8  shall operate such scooter in single file.
     9    3. Any person operating a locally authorized scooter who  is  entering
    10  the  roadway  from  a private road, driveway, alley or over a curb shall
    11  come to a full stop before entering the roadway.
    12    § 1285. Lamps and other equipment. 1. Every locally authorized scooter
    13  when in use during the period from one-half hour after  sunset  to  one-
    14  half  hour  before  sunrise  shall  be equipped with a lamp on the front
    15  which shall emit a white light visible during hours of darkness  from  a
    16  distance of at least five hundred feet to the front and with a red light
    17  visible to the rear for three hundred feet. At least one of these lights
    18  shall be visible for two hundred feet from each side.
    19    2.  No  person shall operate a locally authorized scooter unless it is
    20  equipped with a bell or other device capable of giving a signal  audible
    21  for  a  distance  of at least one hundred feet, except that such scooter
    22  shall not be equipped with nor shall any person use  upon  such  scooter
    23  any siren or whistle.
    24    3.  Every  locally  authorized scooter shall be equipped with a system
    25  that enables the operator to bring the device to a controlled stop.
    26    § 1286. Operators to wear protective headgear. 1. No person shall ride
    27  upon, propel or otherwise operate a locally  authorized  scooter  unless
    28  such  person  is  wearing  a helmet meeting standards established by the
    29  commissioner pursuant to the provisions of subdivision two-a of  section
    30  twelve  hundred thirty-eight of this title. As used in this subdivision,
    31  wearing a helmet means having a properly fitting helmet  fixed  securely
    32  on the head of such wearer with the helmet straps securely fastened.
    33    2.  Any  person who violates the provisions of subdivision one of this
    34  section shall pay a civil fine not to exceed fifty dollars.
    35    3. The court shall waive any fine for which a person who violates  the
    36  provisions  of  subdivision  one of this section would be liable if such
    37  person supplies the court with proof that between the date of  violation
    38  and  the  appearance  date  for  such violation such person purchased or
    39  rented a helmet, which meets the requirements of subdivision one of this
    40  section, or if the court finds that due to reasons of economic  hardship
    41  such  person  was  unable  to  purchase a helmet or due to such economic
    42  hardship such person was unable to obtain a helmet  from  the  statewide
    43  in-line skate and bicycle helmet distribution program, as established in
    44  section two hundred six of the public health law or a local distribution
    45  program.  Such  waiver of fine shall not apply to a second or subsequent
    46  conviction under subdivision one of this section.
    47    4. The failure of any person to comply with  the  provisions  of  this
    48  section  shall  not  constitute contributory negligence or assumption of
    49  risk, and shall not in any way bar, preclude or foreclose an action  for
    50  personal injury or wrongful death by or on behalf of such person, nor in
    51  any way diminish or reduce the damages recoverable in any such action.
    52    5.  A  police  officer  shall  only issue a summons for a violation of
    53  subdivision one of this section by a person less than fourteen years  of
    54  age  to  the  parent or guardian of such person if the violation by such
    55  person occurs in the presence of such person's parent  or  guardian  and
    56  where  such  parent  or guardian is eighteen years of age or older. Such

        S. 1508--A                         55                         A. 2008--A
     1  summons shall only be issued to such parent or guardian, and  shall  not
     2  be issued to the person less than fourteen years of age.
     3    §  1287.  Leaving the scene of an incident involving a locally author-
     4  ized scooter without reporting. 1. (a) Any person eighteen years of  age
     5  or  older  operating a locally authorized scooter who, knowing or having
     6  cause to know, that physical injury, as defined in subdivision  nine  of
     7  section  10.00  of the penal law, has been caused to another person, due
     8  to the operation of such  locally  authorized  scooter  by  such  person
     9  shall,  before  leaving  the  place where such physical injury occurred,
    10  stop and provide his or her name and  residence,  including  street  and
    11  street  number, to the injured party, if practical, and also to a police
    12  officer, or in the event that no police officer is in  the  vicinity  of
    13  the place of said injury, then such person shall report said incident as
    14  soon  as physically able to the nearest police station or judicial offi-
    15  cer.
    16    (b) A violation of paragraph  (a)  of  this  subdivision  shall  be  a
    17  violation.
    18    2.  (a)  Any person eighteen years of age or older operating a locally
    19  authorized scooter who knowing or having cause  to  know,  that  serious
    20  physical  injury,  as defined in subdivision ten of section 10.00 of the
    21  penal law, has been caused to another person, due to  the  operation  of
    22  such locally authorized scooter by such person shall, before leaving the
    23  place  where such serious physical injury occurred, stop and provide his
    24  or her name and residence, including street and street  number,  to  the
    25  injured  party,  if  practical,  and also to a police officer, or in the
    26  event that no police officer is in the vicinity of  the  place  of  said
    27  injury,  then  such  person  shall report said incident as soon as phys-
    28  ically able to the nearest police station or judicial officer.
    29    (b) A violation of paragraph (a) of this subdivision shall be a  class
    30  B misdemeanor.
    31    §  1288.  Operation  of  a  locally authorized scooter while under the
    32  influence of alcohol or drugs. 1. Offenses; criminal penalties.  (a)  No
    33  person shall operate a locally authorized scooter while his or her abil-
    34  ity  to  operate  such  locally  authorized  scooter  is impaired by the
    35  consumption of alcohol.
    36    (i) A violation of this  subdivision shall be an offense and shall  be
    37  punishable  by  a  fine  of not less than three hundred dollars nor more
    38  than five hundred dollars, or by imprisonment in a penitentiary or coun-
    39  ty jail for not more than fifteen days, or by both such fine and  impri-
    40  sonment.
    41    (ii)  A  person who operates a locally authorized scooter in violation
    42  of this subdivision after being convicted of a violation of any subdivi-
    43  sion of this section within the preceding five years shall  be  punished
    44  by  a  fine  of  not  less than five hundred dollars nor more than seven
    45  hundred fifty dollars, or by imprisonment of not more than  thirty  days
    46  in a penitentiary or county jail or by both such fine and imprisonment.
    47    (iii)  A person who operates a locally authorized scooter in violation
    48  of this subdivision after  being  convicted  two  or  more  times  of  a
    49  violation  of  any  subdivision of this section within the preceding ten
    50  years shall be guilty of a misdemeanor, and shall be punished by a  fine
    51  of  not  less  than  seven  hundred  fifty dollars nor more than fifteen
    52  hundred dollars, or by imprisonment of not more than one hundred  eighty
    53  days in a penitentiary or county jail or by both such fine and imprison-
    54  ment.
    55    (b) No such person shall operate a locally authorized scooter while he
    56  or  she has .08 of one per centum or more by weight of alcohol in his or

        S. 1508--A                         56                         A. 2008--A
     1  her blood, breath, urine, or saliva, as determined by the chemical  test
     2  made pursuant to the provisions of subdivision five of this section.
     3    (c)  No  person shall operate a locally authorized scooter while he or
     4  she is in an intoxicated condition.
     5    (d) No person shall operate a locally authorized scooter while his  or
     6  her  ability  to  operate such locally authorized scooter is impaired by
     7  the use of a drug as defined by section one hundred  fourteen-a  of  the
     8  this chapter.
     9    (e)  No person shall operate a locally authorized scooter while his or
    10  her ability to operate such locally authorized scooter  is  impaired  by
    11  the  combined  influence of drugs or of alcohol and any drug or drugs as
    12  defined by section one hundred fourteen-a of this chapter.
    13    (f)(i) A violation of paragraph (b), (c), or (d), of this  subdivision
    14  shall  be  a  misdemeanor  and  shall be punishable by imprisonment in a
    15  penitentiary or county jail for not more than one year, or by a fine  of
    16  not  less  than five hundred dollars nor more than one thousand dollars,
    17  or by both such fine and imprisonment.
    18    (i-a) A violation of paragraph (e) of  this  subdivision  shall  be  a
    19  class  E  felony,  and  shall be punished by a fine of not less than one
    20  thousand dollars nor more than five thousand dollars or by a  period  of
    21  imprisonment  as  provided  in  the  penal law, or by both such fine and
    22  imprisonment.
    23    (ii) A person who operates a locally authorized scooter  in  violation
    24  of paragraph (b), (c), (d), or (e) of this subdivision after having been
    25  convicted  of a violation of paragraph (b), (c), (d) or, (e), within the
    26  preceding ten years, shall be guilty of a class E felony  and  shall  be
    27  punished by a period of imprisonment as provided in the penal law, or by
    28  a fine of not less than one thousand dollars nor more than five thousand
    29  dollars, or by both such fine and imprisonment.
    30    (iii)  A person who operates a locally authorized scooter in violation
    31  of paragraph (b), (c), (d) or, (e) of this subdivision after having been
    32  twice convicted of a violation of any of such paragraph  (b),  (c),  (d)
    33  or,  (e),  of this subdivision, within the preceding ten years, shall be
    34  guilty of a class D felony and shall be punished by a fine of  not  less
    35  than  two  thousand  dollars  nor more than ten thousand dollars or by a
    36  period of imprisonment as provided in the penal law,  or  by  both  such
    37  fine and imprisonment.
    38    2.  Sentencing limitations. Notwithstanding any provision of the penal
    39  law, no judge or magistrate shall impose  a  sentence  of  unconditional
    40  discharge  or  a  violation  of  paragraph  (b), (c), (d), (e) or (f) of
    41  subdivision one of this section nor shall he or she impose a sentence of
    42  conditional discharge unless such conditional discharge  is  accompanied
    43  by a sentence of a fine as provided in this section.
    44    3.  Sentencing;  previous  convictions. When sentencing a person for a
    45  violation of paragraph (b), (c), (d) or, (e) of subdivision one of  this
    46  section  pursuant  to  subparagraph (ii) of paragraph (f) of subdivision
    47  one of this section, the court shall consider any prior convictions  the
    48  person  may have for a violation of subdivision two, two-a, three, four,
    49  or four-a of section eleven hundred ninety-two of this title within  the
    50  preceding  ten years. When sentencing a person for a violation paragraph
    51  (b), (c), (d) or, (e) of subdivision one of  this  section  pursuant  to
    52  subparagraph  (iii) of paragraph (f) of subdivision one of this section,
    53  the court shall consider any prior convictions the person may have for a
    54  violation of subdivision two, two-a, three, four, or four-a  of  section
    55  eleven  hundred ninety-two of this title within the preceding ten years.
    56  When sentencing a person for a violation of subparagraph (ii)  of  para-

        S. 1508--A                         57                         A. 2008--A
     1  graph  (a)  of subdivision one of this section, the court shall consider
     2  any prior convictions the person may have for a violation of any  subdi-
     3  vision  of  section  eleven  hundred ninety-two of this title within the
     4  preceding  five  years.  When  sentencing  a  person  for a violation of
     5  subparagraph (iii) of paragraph (a) of subdivision one of this  section,
     6  the court shall consider any prior convictions the person may have for a
     7  violation  of  any  subdivision  of section eleven hundred ninety-two of
     8  this title within the preceding ten years.
     9    4. Arrest and testing. (a) Notwithstanding the provisions  of  section
    10  140.10  of  the  criminal procedure law, a police officer may, without a
    11  warrant, arrest a person, in case of a violation  of  any  paragraph  of
    12  subdivision  one  of  this section, if such violation is coupled with an
    13  accident or collision in which such person is involved,  which  in  fact
    14  had been committed, though not in the police officer's presence, when he
    15  or  she has reasonable cause to believe that the violation was committed
    16  by such person. For the purposes  of  this  subdivision  police  officer
    17  shall  also  include  a peace officer authorized to enforce this chapter
    18  when the alleged violation constitutes a crime.
    19    (b) Breath test for operators of locally  authorized  scooters.  Every
    20  person operating a locally authorized scooter which has been involved in
    21  an  accident  or which is operated in violation of any of the provisions
    22  of this section which regulate the manner in which a locally  authorized
    23  scooter  is  to  be  properly operated shall, at the request of a police
    24  officer, submit to a breath test to be administered by the police  offi-
    25  cer. If such test indicates that such operator has consumed alcohol, the
    26  police officer may request such operator to submit to a chemical test in
    27  the manner set forth in subdivision five of this section.
    28    5.  Chemical  tests.  (a) Any person who operates a locally authorized
    29  scooter shall be requested to consent to a chemical test of one or  more
    30  of  the  following:  breath,  blood, urine, or saliva for the purpose of
    31  determining the alcoholic or drug content of his or her blood,  provided
    32  that such test is administered at the direction of a police officer: (i)
    33  having reasonable cause to believe such person to have been operating in
    34  violation  of paragraph (a), (b), (c), (d) or, (e) of subdivision one of
    35  this section and within two hours after  such  person  has  been  placed
    36  under  arrest  for  any  such violation or (ii) within two hours after a
    37  breath test as provided  in  paragraph  (b)  of  subdivision  four  this
    38  section  indicates  that alcohol has been consumed by such person and in
    39  accordance with the rules and  regulations  established  by  the  police
    40  force of which the officer is a member.
    41    (b)  For  the  purpose of this subdivision "reasonable cause" shall be
    42  determined by viewing the  totality  of  circumstances  surrounding  the
    43  incident  which,  when  taken  together,  indicate that the operator was
    44  operating a locally authorized scooter in violation of any paragraph  of
    45  subdivision one of this section. Such circumstances may include, but are
    46  not  limited  to:    evidence  that the operator was operating a locally
    47  authorized scooter in violation of any provision of this chapter,  local
    48  law,  ordinance, order, rule or regulation which regulates the manner in
    49  which a locally authorized scooter be properly operated at the  time  of
    50  the  incident;  any visible indication of alcohol or drug consumption or
    51  impairment by the operator; and other evidence surrounding  the  circum-
    52  stances of the incident which indicates that the operator has been oper-
    53  ating  a locally authorized scooter while impaired by the consumption of
    54  alcohol or drugs or was intoxicated at the time of the incident.
    55    6. Chemical test evidence. (a) Upon the trial of any  such  action  or
    56  proceeding  arising out of actions alleged to have been committed by any

        S. 1508--A                         58                         A. 2008--A
     1  person arrested for a violation of any paragraph of subdivision  one  of
     2  this section, the court shall admit evidence of the amount of alcohol or
     3  drugs  in the defendant's blood as shown by a test administered pursuant
     4  to the provisions of subdivision five of this section.
     5    (b)  The  following  effect shall be give to evidence of blood alcohol
     6  content, as determined by  such  tests,  of  a  person  arrested  for  a
     7  violation  of  any  paragraph of subdivision one of this section and who
     8  was operating a locally authorized scooter:
     9    (i) evidence that there was .05 of one per centum or less by weight of
    10  alcohol in such person's blood shall be prima facie  evidence  that  the
    11  ability  of  such person to operate a locally authorized scooter was not
    12  impaired by the consumption of alcohol, and that such person was not  in
    13  an intoxicated condition.
    14    (ii)  evidence that there was more than .05 of one per centum but less
    15  than .07 of one per centum by weight of alcohol in such  person's  blood
    16  shall be prima facie evidence that such person was not in an intoxicated
    17  condition, but such evidence shall be relevant evidence but not be given
    18  prima facie effect, in determining whether the ability of such person to
    19  operate  a locally authorized scooter was impaired by the consumption of
    20  alcohol.
    21    (iii) evidence that there was .07 of one per centum or more  but  less
    22  than  .08  of  one  per  centum by weight of alcohol in his or her blood
    23  shall be prima facie evidence that such person was not in an intoxicated
    24  condition, but such evidence shall be given prima facie effect in deter-
    25  mining whether the ability of such person to operate a  locally  author-
    26  ized scooter was impaired by the consumption of alcohol.
    27    (c)  Evidence of a refusal to submit to a chemical test or any portion
    28  thereof shall be admissible in any trial or hearing provided the request
    29  to submit to such a test was made in accordance with the  provisions  of
    30  subdivision five of this section.
    31    7.  Limitations.  (a)  A  locally  authorized  scooter operator may be
    32  convicted of a violation of paragraphs (a), (b), (d) or (e) of  subdivi-
    33  sion  one  of  this section, notwithstanding that the charge laid before
    34  the court alleged a violation of paragraph  (b),  (c),  (d)  or  (e)  of
    35  subdivision  one  of this section, and regardless of whether or not such
    36  condition is based on a plea of guilty.
    37    (b) In any case wherein the charge laid before  the  court  alleges  a
    38  violation  of  paragraph (b), (c), (d) or (e) of subdivision one of this
    39  section, any plea of guilty thereafter entered in satisfaction  of  such
    40  charge  must  include  at least a plea of guilty to the violation of the
    41  provisions of one of the paragraphs of such subdivision one and no other
    42  disposition by plea of guilty to any other  charge  in  satisfaction  of
    43  such  charge  shall  be  authorized;  provided, however, if the district
    44  attorney upon reviewing  the  available  evidence  determines  that  the
    45  charge  of  a  violation  of  subdivision  one  of  this  section is not
    46  warranted, he or she may consent, and the court may allow, a disposition
    47  by a plea of guilty to another charge in satisfaction of such charge.
    48    § 4. The vehicle and traffic law is amended by adding  a  new  article
    49  34-E to read as follows:
    50                                ARTICLE 34-E
    51                 OPERATION OF LOCALLY AUTHORIZED MOTORCYCLES
    52  Section 1290. Effect of requirements.
    53          1291. Traffic laws apply to persons operating locally authorized
    54                  motorcycles; local laws.
    55          1292. Operating locally authorized motorcycles.
    56          1293. Clinging to vehicles.

        S. 1508--A                         59                         A. 2008--A
     1          1294. Riding  on roadways, shoulders and lanes reserved for non-
     2                  motorized vehicles and devices.
     3          1295. Lamps and other equipment.
     4          1296. Operators to wear protective headgear.
     5          1297. Leaving  the  scene  of  an  incident  involving a locally
     6                  authorized motorcycle without reporting.
     7          1298. Operation of a locally authorized motorcycle  while  under
     8                  the influence of alcohol or drugs.
     9    § 1290. Effect of requirements. The parent of any child and the guard-
    10  ian  of  any ward shall not authorize or knowingly permit any such child
    11  or ward to violate any of the provisions of this article.
    12    § 1291. Traffic laws apply to  persons  operating  locally  authorized
    13  motorcycles;  local  laws. 1. Locally authorized motorcycles may only be
    14  operated on public highways with a posted speed limit  of  thirty  miles
    15  per  hour  or  less,  including  non-interstate public highways, private
    16  roads open to motor vehicle traffic, and designated bicycle  or  in-line
    17  skate lanes. Every person operating a locally authorized motorcycle upon
    18  a  highway  or  roadway  shall be granted all of the rights and shall be
    19  subject to all of the duties applicable to the driver of  a  vehicle  by
    20  this title, except as to special requirements in this article and except
    21  as  to  those provisions of this title which by their nature can have no
    22  application.
    23    2. Notwithstanding the provisions of subdivision one of  this  section
    24  the  governing  body  of any county, city, town or village may, by local
    25  law, ordinance, order, rule or regulation, further regulate the  maximum
    26  speed,  time,  place  and  manner of the operation of locally authorized
    27  motorcycles including authorizing the use of locally authorized motorcy-
    28  cles on sidewalks, and limiting or prohibiting the use thereof in speci-
    29  fied areas under the jurisdiction of such county, city, town or village.
    30    § 1292.  Operating  locally  authorized  motorcycles.  1.  no  locally
    31  authorized motorcycle shall be used to carry more than one person at one
    32  time.  No  person  operating a locally authorized motorcycle shall carry
    33  any person as a passenger in a pack fastened to the operator or fastened
    34  to such motorcycle.
    35    2. No person shall operate a  locally  authorized  motorcycle  outside
    36  during  the  period  of time between one-half hour after sunset and one-
    37  half hour before sunrise unless such person is wearing  readily  visible
    38  reflective clothing or material which is of a light or bright color.
    39    3. No person operating a locally authorized motorcycle shall carry any
    40  package,  bundle  or article which prevents the operator from keeping at
    41  least one hand upon the handle bars or which obstructs his or her vision
    42  in any direction.
    43    4. Every person operating a locally authorized motorcycle shall  yield
    44  the right of way to pedestrians and motor vehicles.
    45    5.  Every operator of a locally authorized motorcycle shall be sixteen
    46  years of age or older.
    47    6. No person shall operate a locally authorized motorcycle  in  excess
    48  of twenty miles per hour.
    49    7.  If  the  governing body of any county, city, town or village shall
    50  authorize the use of locally authorized motorcycles upon  any  sidewalk,
    51  such  authorization shall not permit the operation thereof at a speed in
    52  excess of eight miles per hour. Additionally, if such  authorization  is
    53  granted, no operator of a locally authorized motorcycle shall overtake a
    54  pedestrian  on a sidewalk unless there is adequate space for the locally
    55  authorized motorcycle to pass around the pedestrian and warning is given

        S. 1508--A                         60                         A. 2008--A
     1  to such pedestrian through the audible device defined in subdivision two
     2  of section twelve hundred ninety-five of this article.
     3    8. A first violation of the provisions of this section shall result in
     4  no  fine.  A second or subsequent violation shall result in a civil fine
     5  not to exceed fifty dollars.
     6    § 1293. Clinging to vehicles. 1. No person operating a locally author-
     7  ized motorcycle shall attach such motorcycle, or himself or  herself  to
     8  any vehicle being operated upon a roadway.
     9    2. No vehicle operator shall knowingly permit any person to attach any
    10  locally  authorized  motorcycle or himself or herself to such operator's
    11  vehicle in violation of subdivision one of this section.
    12    § 1294. Riding on roadways, shoulders and lanes reserved  for  non-mo-
    13  torized  vehicles and devices. 1. Upon all roadways, any locally author-
    14  ized motorcycle shall be operated either on a usable bicycle or  in-line
    15  skate  lane  or,  if a usable bicycle or in-line skate lane has not been
    16  provided, near the right-hand curb or edge of  the  roadway  or  upon  a
    17  usable  right-hand  shoulder in such a manner as to prevent undue inter-
    18  ference with the flow of traffic except when preparing to turn  left  at
    19  an  intersection  or  when reasonably necessary to avoid conditions that
    20  would make it unsafe to continue along near the right-hand curb or  edge
    21  of  the  roadway. Conditions to be taken into consideration include, but
    22  are not limited to, fixed or moving objects, vehicles, bicycles, in-line
    23  skaters, pedestrians, animals, surface hazards  and  traffic  lanes  too
    24  narrow for a locally authorized motorcycle and a vehicle to travel safe-
    25  ly side-by-side within the lane.
    26    2.  Persons  operating  locally  authorized motorcycles upon a roadway
    27  shall ride single file.  Persons operating locally  authorized  motorcy-
    28  cles  upon  a  shoulder,  bicycle  or  in-line skate lane, or bicycle or
    29  in-line skate path, intended for the use of bicycles, electric  personal
    30  assistive  mobility devices, locally authorized scooter, locally author-
    31  ized motorcycles or in-line skates may  ride  two  or  more  abreast  if
    32  sufficient space is available, except that when passing a vehicle, bicy-
    33  cle,  electric  personal  assistive  mobility device, locally authorized
    34  scooter, locally authorized motorcycles, person  on  in-line  skates  or
    35  pedestrian  standing  or  proceeding  along such shoulder, lane or path,
    36  persons operating locally  authorized  motorcycles  shall  operate  such
    37  motorcycle in single file.
    38    3.  Any person operating a locally authorized motorcycle who is enter-
    39  ing the roadway from a private road, driveway,  alley  or  over  a  curb
    40  shall come to a full stop before entering the roadway.
    41    §  1295. Lamps and other equipment. 1. Every locally authorized motor-
    42  cycle when in use during the period from one-half hour after  sunset  to
    43  one-half  hour before sunrise shall be equipped with a lamp on the front
    44  which shall emit a white light visible during hours of darkness  from  a
    45  distance of at least five hundred feet to the front and with a red light
    46  visible to the rear for three hundred feet. At least one of these lights
    47  shall be visible for two hundred feet from each side.
    48    2.  No  person shall operate a locally authorized motorcycle unless it
    49  is equipped with a bell or other device capable of giving a signal audi-
    50  ble for a distance of at least one hundred feet, except that such motor-
    51  cycle shall not be equipped with nor shall  any  person  use  upon  such
    52  motorcycle any siren or whistle.
    53    3.  Every  locally  authorized motorcycle shall equipped with a system
    54  that enables the operator to bring the device to a controlled stop.
    55    § 1296. Operators to wear protective headgear. 1. No person shall ride
    56  upon, propel or otherwise operate a locally authorized motorcycle unless

        S. 1508--A                         61                         A. 2008--A
     1  such person is wearing a helmet meeting  standards  established  by  the
     2  commissioner  pursuant to the provisions of subdivision two-a of section
     3  twelve hundred thirty-eight of this title. As used in this  subdivision,
     4  wearing  a  helmet means having a properly fitting helmet fixed securely
     5  on the head of such wearer with the helmet straps securely fastened.
     6    2. Any person who violates the provisions of subdivision one  of  this
     7  section shall pay a civil fine not to exceed fifty dollars.
     8    3.  The court shall waive any fine for which a person who violates the
     9  provisions of subdivision one of this section would be  liable  if  such
    10  person  supplies the court with proof that between the date of violation
    11  and the appearance date for such  violation  such  person  purchased  or
    12  rented a helmet, which meets the requirements of subdivision one of this
    13  section,  or if the court finds that due to reasons of economic hardship
    14  such person was unable to purchase a helmet  or  due  to  such  economic
    15  hardship  such  person  was unable to obtain a helmet from the statewide
    16  in-line skate and bicycle helmet distribution program, as established in
    17  section two hundred six of the public health law or a local distribution
    18  program. Such waiver of fine shall not apply to a second  or  subsequent
    19  conviction under subdivision one of this section.
    20    4.  The  failure  of  any person to comply with the provisions of this
    21  section shall not constitute contributory negligence  or  assumption  of
    22  risk,  and shall not in any way bar, preclude or foreclose an action for
    23  personal injury or wrongful death by or on behalf of such person, nor in
    24  any way diminish or reduce the damages recoverable in any such action.
    25    5. A police officer shall only issue a  summons  for  a  violation  of
    26  subdivision  one of this section by a person less than fourteen years of
    27  age to the parent or guardian of such person if the  violation  by  such
    28  person  occurs  in  the presence of such person's parent or guardian and
    29  where such parent or guardian is eighteen years of age  or  older.  Such
    30  summons  shall  only be issued to such parent or guardian, and shall not
    31  be issued to the person less than fourteen years of age.
    32    § 1297. Leaving the scene of an incident involving a  locally  author-
    33  ized  motorcycle  without reporting. 1. (a) Any person eighteen years of
    34  age or older operating a locally authorized motorcycle who,  knowing  or
    35  having  cause  to  know, that physical injury, as defined in subdivision
    36  nine of section 10.00 of the penal  law,  has  been  caused  to  another
    37  person,  due  to  the operation of such locally authorized motorcycle by
    38  such person shall, before leaving the place where such  physical  injury
    39  occurred,  stop  and  provide  his  or her name and residence, including
    40  street and street number, to the injured party, if practical,  and  also
    41  to  a  police  officer, or in the event that no police officer is in the
    42  vicinity of the place of said injury, then such person shall report said
    43  incident as soon as physically able to the  nearest  police  station  or
    44  judicial officer.
    45    (b)  A  violation  of  paragraph  (a)  of  this subdivision shall be a
    46  violation.
    47    2. (a) Any person eighteen years of age or older operating  a  locally
    48  authorized motorcycle who, knowing or having cause to know, that serious
    49  physical  injury,  as defined in subdivision ten of section 10.00 of the
    50  penal law, has been caused to another person, due to  the  operation  of
    51  such  locally authorized motorcycle by such person shall, before leaving
    52  the place where such serious physical injury occurred, stop and  provide
    53  his  or  her  name and residence, including street and street number, to
    54  the injured party, if practical, and also to a police officer, or in the
    55  event that no police officer is in the vicinity of  the  place  of  said

        S. 1508--A                         62                         A. 2008--A
     1  injury,  then  such  person  shall report said incident as soon as phys-
     2  ically able to the nearest police station or judicial officer.
     3    (b)  A violation of paragraph (a) of this subdivision shall be a class
     4  B misdemeanor.
     5    § 1298. Operation of a locally authorized motorcycle while  under  the
     6  influence  of  alcohol or drugs. 1. Offenses; criminal penalties. (a) No
     7  person shall operate a locally authorized motorcycle while  his  or  her
     8  ability to operate such locally authorized motorcycle is impaired by the
     9  consumption of alcohol.
    10    (i)  A  violation of this subdivision shall be an offense and shall be
    11  punishable by a fine of not less than three  hundred  dollars  nor  more
    12  than five hundred dollars, or by imprisonment in a penitentiary or coun-
    13  ty  jail for not more than fifteen days, or by both such fine and impri-
    14  sonment.
    15    (ii)  A  person  who  operates  a  locally  authorized  motorcycle  in
    16  violation  of  this  subdivision after being convicted of a violation of
    17  any subdivision of this section within the preceding five years shall be
    18  punished by a fine of not less than five hundred dollars nor  more  than
    19  seven  hundred fifty dollars, or by imprisonment of not more than thirty
    20  days in a penitentiary or county jail or by both such fine and imprison-
    21  ment.
    22    (iii) A  person  who  operates  a  locally  authorized  motorcycle  in
    23  violation of this subdivision after being convicted two or more times of
    24  a  violation of any subdivision of this section within the preceding ten
    25  years shall be guilty of a misdemeanor, and shall be punished by a  fine
    26  of  not  less  than  seven  hundred  fifty dollars nor more than fifteen
    27  hundred dollars, or by imprisonment of not more than one hundred  eighty
    28  days in a penitentiary or county jail or by both such fine and imprison-
    29  ment.
    30    (b) No such person shall operate a locally authorized motorcycle while
    31  he  or she has .08 of one per centum or more by weight of alcohol in his
    32  or her blood, breath, urine, or saliva, as determined  by  the  chemical
    33  test  made  pursuant  to  the  provisions  of  subdivision  five of this
    34  section.
    35    (c) No person shall operate a locally authorized motorcycle  while  he
    36  or she is in an intoxicated condition.
    37    (d)  No person shall operate a locally authorized motorcycle while his
    38  or her ability to operate such locally authorized motorcycle is impaired
    39  by the use of a drug as defined by section  one  hundred  fourteen-a  of
    40  this chapter.
    41    (e)  No person shall operate a locally authorized motorcycle while his
    42  or her ability to operate such locally authorized motorcycle is impaired
    43  by the combined influence of drugs or of alcohol and any drug  or  drugs
    44  as defined by section one hundred fourteen-a of this chapter.
    45    (f)  (i) A violation of paragraph (b), (c), (d), or (e) of this subdi-
    46  vision shall be a misdemeanor and shall be punishable by imprisonment in
    47  a penitentiary or county jail for not more than one year, or by  a  fine
    48  of  not  less  than  five  hundred  dollars  nor  more than one thousand
    49  dollars, or by both such fine and imprisonment.
    50    (i-a) A violation of paragraph (e) of  this  subdivision  shall  be  a
    51  class  E  felony,  and  shall be punished by a fine of not less than one
    52  thousand dollars nor more than five thousand dollars or by a  period  of
    53  imprisonment  as  provided  in  the  penal law, or by both such fine and
    54  imprisonment.
    55    (ii)  A  person  who  operates  a  locally  authorized  motorcycle  in
    56  violation  of  paragraph (b), (c), (d), or (e) of this subdivision after

        S. 1508--A                         63                         A. 2008--A
     1  having been convicted of a violation of paragraph (b), (c), (d), or (e),
     2  within the preceding ten years, shall be guilty of a class E felony  and
     3  shall  be  punished by a period of imprisonment as provided in the penal
     4  law,  or  by  a fine of not less than one thousand dollars nor more than
     5  five thousand dollars, or by both such fine and imprisonment.
     6    (iii) A  person  who  operates  a  locally  authorized  motorcycle  in
     7  violation  of  paragraph  (b), (c), (d) or (e) of this subdivision after
     8  having been twice convicted of a violation of any of such paragraph (b),
     9  (c), (d) or (e) of this subdivision, within  the  preceding  ten  years,
    10  shall  be  guilty of a class D felony and shall be punished by a fine of
    11  not less than two thousand dollars nor more than ten thousand dollars or
    12  by a period of imprisonment as provided in the penal  law,  or  by  both
    13  such fine and imprisonment.
    14    2.  Sentencing limitations. Notwithstanding any provision of the penal
    15  law, no judge or magistrate shall impose  a  sentence  of  unconditional
    16  discharge  or  a violation of paragraph (b), (c), (d) or (e) of subdivi-
    17  sion one of this section nor shall he or she impose a sentence of condi-
    18  tional discharge unless such conditional discharge is accompanied  by  a
    19  sentence of a fine as provided in this section.
    20    3.  Sentencing:  previous  convictions. When sentencing a person for a
    21  violation of paragraph (b), (c), (d) or (e) of subdivision one  of  this
    22  section  pursuant  to  subparagraph (ii) of paragraph (f) of subdivision
    23  one of this section, the court shall consider any prior convictions  the
    24  person  may have for a violation of subdivision two, two-a, three, four,
    25  or four-a of section eleven hundred ninety-two of this title within  the
    26  preceding  ten years.  When sentencing a person for a violation of para-
    27  graph (b), (c), (d) or (e) of subdivision one of this  section  pursuant
    28  to  subparagraph  (iii)  of  paragraph  (f)  of  subdivision one of this
    29  section, the court shall consider any prior convictions the  person  may
    30  have  for  a violation of subdivision two, two-a, three, four, or four-a
    31  of section eleven hundred ninety-two of this title within the  preceding
    32  ten years. When sentencing a person for a violation of subparagraph (ii)
    33  of  paragraph  (a)  of  subdivision one of this section, the court shall
    34  consider any prior convictions the person may have for  a  violation  of
    35  any subdivision of section eleven hundred ninety-two of this title with-
    36  in the preceding five years. When sentencing a person for a violation of
    37  subparagraph  (iii) of paragraph (a) of subdivision one of this section,
    38  the court shall consider any prior convictions the person may have for a
    39  violation of any subdivision of section  eleven  hundred  ninety-two  of
    40  this title within the preceding ten years.
    41    4.  Arrest  and testing. (a) Notwithstanding the provisions of section
    42  140.10 of the criminal procedure law, a police officer  may,  without  a
    43  warrant,  arrest  a  person,  in case of a violation of any paragraph of
    44  subdivision one of this section, if such violation is  coupled  with  an
    45  accident  or  collision  in which such person is involved, which in fact
    46  had been committed, though not in the police officer's presence, when he
    47  or she has reasonable cause to believe that the violation was  committed
    48  by  such  person.  For  the  purposes of this subdivision police officer
    49  shall also include a peace officer authorized to  enforce  this  chapter
    50  when the alleged violation constitutes a crime.
    51    (b)  Breath  test  for  operators  of  locally authorized motorcycles.
    52  Every person operating a locally authorized motorcycle  which  has  been
    53  involved  in an accident or which is operated in violation of any of the
    54  provisions of this section which regulate the manner in which a  locally
    55  authorized  motorcycle  is to be properly operated shall, at the request
    56  of a police officer, submit to a breath test to be administered  by  the

        S. 1508--A                         64                         A. 2008--A
     1  police  officer.  If such test indicates that such operator has consumed
     2  alcohol, the police officer may request such operator  to  submit  to  a
     3  chemical  test  in  the  manner  set  forth  in subdivision five of this
     4  section.
     5    5.  Chemical  tests.  (a) Any person who operates a locally authorized
     6  motorcycle shall be requested to consent to a chemical test  of  one  or
     7  more  of  the following: breath, blood, urine, or saliva for the purpose
     8  of determining the alcoholic or  drug  content  of  his  or  her  blood,
     9  provided  that  such  test  is administered at the direction of a police
    10  officer: (i) having reasonable cause to believe such person to have been
    11  operating in violation of paragraph (a), (b), (c), (d) or (e) of  subdi-
    12  vision  one  of  this section and within two hours after such person has
    13  been placed under arrest for any such violation or (ii) within two hours
    14  after a breath test as provided in paragraph (b) of subdivision four  of
    15  this section indicates that alcohol has been consumed by such person and
    16  in  accordance  with the rules and regulations established by the police
    17  force of which the officer is a member.
    18    (b) For the purpose of this subdivision "reasonable  cause"  shall  be
    19  determined  by  viewing  the  totality  of circumstances surrounding the
    20  incident which, when taken together,  indicate  that  the  operator  was
    21  operating  a locally authorized motorcycle in violation of any paragraph
    22  of subdivision one of this section. Such circumstances may include,  but
    23  are  not  limited to: evidence that the operator was operating a locally
    24  authorized motorcycle in violation of any  provision  of  this  chapter,
    25  local  law,  ordinance,  order,  rule  or regulation which regulates the
    26  manner in which a locally authorized motorcycle be properly operated  at
    27  the  time  of  the  incident;  any visible indication of alcohol or drug
    28  consumption or impairment by the operator; and other evidence  surround-
    29  ing  the circumstances of the incident which indicates that the operator
    30  has been operating a locally authorized motorcycle while impaired by the
    31  consumption of alcohol or drugs or was intoxicated at the  time  of  the
    32  incident.
    33    6.  Chemical  test  evidence. (a) Upon the trial of any such action or
    34  proceeding arising out of actions alleged to have been committed by  any
    35  person  arrested  for a violation of any paragraph of subdivision one of
    36  this section, the court shall admit evidence of the amount of alcohol or
    37  drugs in the defendant's blood as shown by a test administered  pursuant
    38  to the provisions of subdivision five of this section.
    39    (b)  The  following effect shall be given to evidence of blood alcohol
    40  content, as determined by  such  tests,  of  a  person  arrested  for  a
    41  violation  of  any  paragraph of subdivision one of this section and who
    42  was operating a locally authorized motorcycle:
    43    (i) evidence that there was .05 of one per centum or less by weight of
    44  alcohol in such person's blood shall be prima facie  evidence  that  the
    45  ability  of  such  person to operate a locally authorized motorcycle was
    46  not impaired by the consumption of alcohol, and that such person was not
    47  in an intoxicated condition.
    48    (ii) evidence that there was more than .05 of one per centum but  less
    49  than  .07  of one per centum by weight of alcohol in such person's blood
    50  shall be prima facie evidence that such person was not in an intoxicated
    51  condition, but such evidence shall be relevant evidence but not be given
    52  prima facie effect, in determining whether the ability of such person to
    53  operate a locally authorized motorcycle was impaired by the  consumption
    54  of alcohol.
    55    (iii)  evidence  that there was .07 of one per centum or more but less
    56  than .08 of one per centum by weight of alcohol  in  his  or  her  blood

        S. 1508--A                         65                         A. 2008--A
     1  shall be prima facie evidence that such person was not in an intoxicated
     2  condition, but such evidence shall be given prima facie effect in deter-
     3  mining  whether  the ability of such person to operate a locally author-
     4  ized motorcycle was impaired by the consumption of alcohol.
     5    (c)  Evidence of a refusal to submit to a chemical test or any portion
     6  thereof shall be admissible in any trial or hearing provided the request
     7  to submit to such a test was made in accordance with the  provisions  of
     8  subdivision five of this section.
     9    7.  Limitations.  (a)  A locally authorized motorcycle operator may be
    10  convicted of a violation of paragraphs (a), (b), (d) or, (e) of subdivi-
    11  sion one of this section, notwithstanding that the  charge  laid  before
    12  the  court  alleged  a  violation  of paragraph (b), (c), (d), or (e) of
    13  subdivision one of this section, and regardless of whether or  not  such
    14  condition is based on a plea of guilty.
    15    (b)  In  any  case  wherein the charge laid before the court alleges a
    16  violation of paragraph (b), (c), (d), or (e) of subdivision one of  this
    17  section,  any  plea of guilty thereafter entered in satisfaction of such
    18  charge must include at least a plea of guilty to the  violation  of  the
    19  provisions of one of the paragraphs of such subdivision one and no other
    20  disposition  by  plea  of  guilty to any other charge in satisfaction of
    21  such charge shall be authorized;  provided,  however,  if  the  district
    22  attorney  upon  reviewing  the  available  evidence  determines that the
    23  charge of a  violation  of  subdivision  one  of  this  section  is  not
    24  warranted, he or she may consent, and the court may allow, a disposition
    25  by plea of guilty to another charge in satisfaction of such charge.
    26    § 5. This act shall take effect immediately.
    27                                   PART Q
    28    Section  1.  Paragraph  (d) of section 304 of the business corporation
    29  law is amended to read as follows:
    30    (d) Any designated post office address maintained by the secretary  of
    31  state  as agent of a domestic corporation or foreign corporation for the
    32  purpose of mailing process shall be the post office address,  within  or
    33  without  the  state,  to  which a person shall mail process against such
    34  corporation as required by this article.  Any  designated  [post-office]
    35  post  office  address  to which the secretary of state or a person shall
    36  mail a copy of any process served upon [him] the secretary of  state  as
    37  agent of a domestic corporation or a foreign corporation, shall continue
    38  until the filing of a certificate under this chapter directing the mail-
    39  ing to a different [post-office] post office address.
    40    §  2. Paragraph (a) of section 305 of the business corporation law, as
    41  amended by chapter 131 of the laws  of  1985,  is  amended  to  read  as
    42  follows:
    43    (a)  In  addition to such designation of the secretary of state, every
    44  domestic corporation or authorized foreign corporation may  designate  a
    45  registered  agent  in  this  state upon whom process against such corpo-
    46  ration may be served. The agent shall be a natural person who is a resi-
    47  dent of or has a business address in this state [or], a domestic  corpo-
    48  ration  or foreign corporation of any type or kind formed, or authorized
    49  to do business in this state[,] under this chapter or  under  any  other
    50  statute  of  this  state,  or  a  domestic  limited liability company or
    51  foreign limited liability company formed or authorized to do business in
    52  this state.

        S. 1508--A                         66                         A. 2008--A
     1    § 3. Subparagraph 1 of paragraph (b) of section 306  of  the  business
     2  corporation  law,  as  amended  by  chapter  419 of the laws of 1990, is
     3  amended to read as follows:
     4    (1)  Service of process on the secretary of state as agent of a domes-
     5  tic or authorized foreign corporation, or other business entity that has
     6  designated the secretary of state as agent for service of process pursu-
     7  ant to article nine of this chapter, shall be made by [personally deliv-
     8  ering to and leaving with the secretary of state or a  deputy,  or  with
     9  any person authorized by the secretary of state to receive such service,
    10  at  the  office of the department of state in the city of Albany, dupli-
    11  cate copies of such process together with the statutory fee,  which  fee
    12  shall  be  a  taxable  disbursement]  mailing  the process and notice of
    13  service thereof by certified mail, return  receipt  requested,  to  such
    14  corporation or other business entity, at the post office address on file
    15  in  the department of state specified for this purpose. If a domestic or
    16  authorized foreign corporation has  no  such  address  on  file  in  the
    17  department  of state, the process and notice of service thereof shall be
    18  mailed, in the case of a domestic corporation, in care of  any  director
    19  named  in  its  certificate  of  incorporation at the director's address
    20  stated therein or, in the case of an authorized foreign corporation,  to
    21  such  corporation at the address of its office within this state on file
    22  in the department. On the same day that such process is mailed, a dupli-
    23  cate copy of such process and proof of mailing together with the  statu-
    24  tory fee, which fee shall be a taxable disbursement, shall be personally
    25  delivered  to  and left with the secretary of state or a deputy, or with
    26  any person authorized by the secretary of state to receive such service,
    27  at the office of the department of state in the city of Albany. Proof of
    28  mailing shall be by affidavit of compliance with this  section.  Service
    29  of  process  on  such  corporation  or  other  business  entity shall be
    30  complete when the secretary of state is so  served.  [The  secretary  of
    31  state  shall  promptly send one of such copies by certified mail, return
    32  receipt requested, to such corporation, at the post office  address,  on
    33  file  in the department of state, specified for the purpose. If a domes-
    34  tic or authorized foreign corporation has no such address on file in the
    35  department of state, the secretary of state shall so mail such copy,  in
    36  the case of a domestic corporation, in care of any director named in its
    37  certificate  of  incorporation  at the director's address stated therein
    38  or, in the case of an authorized foreign  corporation,  to  such  corpo-
    39  ration  at  the  address  of its office within this state on file in the
    40  department.]
    41    § 4. Subparagraphs 2 and 3 of paragraph (a) of section  306-A  of  the
    42  business  corporation  law, as added by chapter 469 of the laws of 1997,
    43  are amended to read as follows:
    44    (2) That the address of the party has been designated  by  the  corpo-
    45  ration  as  the  post office address to which [the secretary of state] a
    46  person shall mail a copy of any process served on the secretary of state
    47  as agent for such corporation, specifying such address,  and  that  such
    48  party wishes to resign.
    49    (3) That at least sixty days prior to the filing of the certificate of
    50  resignation  for  receipt  of  process  with the department of state the
    51  party has sent a copy of the certificate of resignation for  receipt  of
    52  process by registered or certified mail to the address of the registered
    53  agent of the designating corporation, if other than the party filing the
    54  certificate of resignation[,] for receipt of process, or if the [resign-
    55  ing]  designating  corporation has no registered agent, then to the last
    56  address of the designating corporation known to  the  party,  specifying

        S. 1508--A                         67                         A. 2008--A
     1  the  address to which the copy was sent. If there is no registered agent
     2  and no known address of the designating  corporation,  the  party  shall
     3  attach  an  affidavit  to  the  certificate  stating that a diligent but
     4  unsuccessful  search  was  made  by the party to locate the corporation,
     5  specifying what efforts were made.
     6    § 5. Subparagraph 7 of paragraph (a) of section 402  of  the  business
     7  corporation law is amended to read as follows:
     8    (7)  A  designation  of  the secretary of state as agent of the corpo-
     9  ration upon whom process against it may be served and  the  post  office
    10  address, within or without this state, to which [the secretary of state]
    11  a  person  shall mail a copy of any process against it served upon [him]
    12  the secretary of state.
    13    § 6. Subparagraph (c) of paragraph 1 of section 408  of  the  business
    14  corporation  law, as amended by section 3 of part S of chapter 59 of the
    15  laws of 2015, is amended to read as follows:
    16    (c) The post office address, within or without this  state,  to  which
    17  [the  secretary  of  state]  a  person  shall mail a copy of any process
    18  against it served upon [him or  her]  the  secretary  of  state.    Such
    19  address shall supersede any previous address on file with the department
    20  of state for this purpose.
    21    §  7.  Subparagraph  4 of paragraph (b) of section 801 of the business
    22  corporation law is amended to read as follows:
    23    (4) To specify or change the post office address to which [the  secre-
    24  tary  of  state]  a  person shall mail a copy of any process against the
    25  corporation served upon [him] the secretary of state.
    26    § 8. Subparagraph 2 of paragraph (b) of section 803  of  the  business
    27  corporation  law,  as  amended  by  chapter  803 of the laws of 1965, is
    28  amended to read as follows:
    29    (2) To specify or change the post office address to which [the  secre-
    30  tary  of  state]  a  person shall mail a copy of any process against the
    31  corporation served upon [him] the secretary of state.
    32    § 9. Paragraph (b) of section 805-A of the business  corporation  law,
    33  as  added  by  chapter  725  of  the laws of 1964, is amended to read as
    34  follows:
    35    (b) A certificate of change which changes only the post office address
    36  to which [the secretary of state] a person shall  mail  a  copy  of  any
    37  process  against  a  corporation  served  upon [him or] the secretary of
    38  state and/or the address of the registered agent, provided such  address
    39  being changed is the address of a person, partnership, limited liability
    40  company  or other corporation whose address, as agent, is the address to
    41  be changed or who has been  designated  as  registered  agent  for  such
    42  corporation,  may  be signed[, verified] and delivered to the department
    43  of state by such agent. The certificate of change shall  set  forth  the
    44  statements  required under subparagraphs [(a)] (1), (2) and (3) of para-
    45  graph (a) of this section; that a notice  of  the  proposed  change  was
    46  mailed  to the corporation by the party signing the certificate not less
    47  than thirty days prior to the date of delivery  to  the  department  and
    48  that such corporation has not objected thereto; and that the party sign-
    49  ing  the  certificate  is the agent of such corporation to whose address
    50  [the secretary of state] a person is required to mail copies of  process
    51  served on the secretary of state or the registered agent, if such be the
    52  case.  A  certificate  signed[, verified] and delivered under this para-
    53  graph shall not be deemed to effect a change of location of  the  office
    54  of the corporation in whose behalf such certificate is filed.

        S. 1508--A                         68                         A. 2008--A
     1    § 10. Subparagraph 8 of paragraph (a) of section 904-a of the business
     2  corporation  law,  as  amended  by  chapter  177 of the laws of 2008, is
     3  amended to read as follows:
     4    (8)  If  the surviving or resulting entity is a foreign corporation or
     5  other business entity, a designation of the secretary of  state  as  its
     6  agent upon whom process against it may be served in the manner set forth
     7  in  paragraph  (b)  of section three hundred six of this chapter, in any
     8  action or special proceeding, and a post office address, within or with-
     9  out this state, to which [the secretary of state] a person shall mail  a
    10  copy of any process against it served upon [him] the secretary of state.
    11  Such post office address shall supersede any prior address designated as
    12  the address to which process shall be mailed;
    13    §  11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of
    14  the business corporation law, as amended by chapter 494 of the  laws  of
    15  1997, is amended to read as follows:
    16    (G)  A  designation  of  the secretary of state as its agent upon whom
    17  process against it may be served in the manner set  forth  in  paragraph
    18  (b)  of  section  306  (Service  of  process),  in any action or special
    19  proceeding, and a post office address, within or without this state,  to
    20  which [the secretary of state] a person shall mail a copy of any process
    21  against  it  served  upon [him] the secretary of state. Such post office
    22  address shall supersede any prior address designated as the  address  to
    23  which process shall be mailed.
    24    §  12. Subparagraph 6 of paragraph (a) of section 1304 of the business
    25  corporation law, as amended by chapter 684 of the laws of  1963  and  as
    26  renumbered  by  chapter  590  of the laws of 1982, is amended to read as
    27  follows:
    28    (6) A designation of the secretary of state as  its  agent  upon  whom
    29  process  against it may be served and the post office address, within or
    30  without this state, to which [the secretary of  state]  a  person  shall
    31  mail a copy of any process against it served upon [him] the secretary of
    32  state.
    33    §  13. Subparagraph 7 of paragraph (a) of section 1308 of the business
    34  corporation law, as amended by chapter 725 of the laws of  1964  and  as
    35  renumbered  by  chapter  186  of the laws of 1983, is amended to read as
    36  follows:
    37    (7) To specify or change the post office address to which [the  secre-
    38  tary  of  state]  a  person  shall mail a copy of any process against it
    39  served upon [him] the secretary of state.
    40    § 14. Subparagraph 2 of paragraph (a) and  paragraph  (c)  of  section
    41  1309-A  of the business corporation law, subparagraph 2 of paragraph (a)
    42  as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
    43  by chapter 172 of the laws of 1999, are amended to read as follows:
    44    (2) To specify or change the post office address to which [the  secre-
    45  tary  of  state]  a  person  shall mail a copy of any process against it
    46  served upon [him] the secretary of state.
    47    (c) A certificate of change of application for authority which changes
    48  only the post office address to which [the secretary of state] a  person
    49  shall  mail  a  copy of any process against an authorized foreign corpo-
    50  ration served upon [him or which] the secretary of state and/or  changes
    51  the  address  of  its  registered  agent,  provided  such address is the
    52  address of a person, partnership, limited  liability  company  or  other
    53  corporation whose address, as agent, is the address to be changed or who
    54  has  been  designated  as  registered  agent for such authorized foreign
    55  corporation, may be signed and delivered to the department of  state  by
    56  such agent. The certificate of change of application for authority shall

        S. 1508--A                         69                         A. 2008--A
     1  set  forth the statements required under subparagraphs (1), (2), (3) and
     2  (4) of paragraph (b) of this section; that  a  notice  of  the  proposed
     3  change was mailed by the party signing the certificate to the authorized
     4  foreign  corporation  not  less  than  thirty  days prior to the date of
     5  delivery to the department and that such corporation  has  not  objected
     6  thereto; and that the party signing the certificate is the agent of such
     7  foreign  corporation  to whose address [the secretary of state] a person
     8  is required to mail copies of process served on the secretary  of  state
     9  or  the  registered agent, if such be the case. A certificate signed and
    10  delivered under this paragraph shall not be deemed to effect a change of
    11  location of the office of the corporation in whose behalf  such  certif-
    12  icate is filed.
    13    §  15.  Subparagraphs  1 and 6 of paragraph (a) of section 1310 of the
    14  business corporation law, subparagraph 1 as amended by  chapter  590  of
    15  the laws of 1982, are amended to read as follows:
    16    (1)  The name of the foreign corporation as it appears on the index of
    17  names of existing domestic and authorized foreign  corporations  of  any
    18  type  or kind in the department of state, division of corporations [or,]
    19  and the fictitious name, if any, the corporation has agreed  to  use  in
    20  this  state  pursuant to paragraph (d) of section 1301 of this [chapter]
    21  article.
    22    (6) A post office address, within or without this state, to which [the
    23  secretary of state] a person shall mail a copy of any process against it
    24  served upon [him] the secretary of state.
    25    § 16. Subparagraph 4 of paragraph (d) of section 1310 of the  business
    26  corporation law is amended to read as follows:
    27    (4)  The changed post office address, within or without this state, to
    28  which [the secretary of state] a person shall mail a copy of any process
    29  against it served upon [him] the secretary of state.
    30    § 17. Section 1311 of the business  corporation  law,  as  amended  by
    31  chapter 375 of the laws of 1998, is amended to read as follows:
    32  § 1311. Termination of existence.
    33    When  an  authorized foreign corporation is dissolved or its authority
    34  or existence is otherwise terminated or cancelled in the jurisdiction of
    35  its incorporation or when such foreign corporation  is  merged  into  or
    36  consolidated  with  another  foreign  corporation,  a certificate of the
    37  secretary of state, or official performing the equivalent function as to
    38  corporate records, of the jurisdiction of incorporation of such  foreign
    39  corporation attesting to the occurrence of any such event or a certified
    40  copy of an order or decree of a court of such jurisdiction directing the
    41  dissolution  of  such foreign corporation, the termination of its exist-
    42  ence or the cancellation of its authority  shall  be  delivered  to  the
    43  department  of  state.  The  filing  of the certificate, order or decree
    44  shall have the same effect as the filing of a certificate  of  surrender
    45  of  authority under section 1310 (Surrender of authority). The secretary
    46  of state shall continue as agent of the foreign  corporation  upon  whom
    47  process  against  it  may be served in the manner set forth in paragraph
    48  (b) of section 306 (Service  of  process),  in  any  action  or  special
    49  proceeding  based  upon  any  liability  or  obligation  incurred by the
    50  foreign corporation within this  state  prior  to  the  filing  of  such
    51  certificate,  order  or  decree and [he] the person serving such process
    52  shall [promptly cause a copy of  any  such]  send  the  process  [to  be
    53  mailed]  by  [registered]  certified  mail, return receipt requested, to
    54  such foreign corporation at the post office address on file in [his] the
    55  office of the secretary of state specified for such  purpose  and  shall
    56  provide  the secretary of state with proof of such mailing in the manner

        S. 1508--A                         70                         A. 2008--A
     1  set forth in paragraph (b) of section 306 (Service  of  process).    The
     2  post  office  address  may  be  changed by signing and delivering to the
     3  department of state a certificate of change setting forth the statements
     4  required  under  section  1309-A  (Certificate  of  change; contents) to
     5  effect a change in the post office address under subparagraph  seven  of
     6  paragraph (a) [(4)] of section 1308 (Amendments or changes).
     7    §  18. Subparagraph 6 of paragraph (a) of section 1530 of the business
     8  corporation law, as added by chapter 505 of the laws of 1983, is amended
     9  to read as follows:
    10    (6) A designation of the secretary of state as  its  agent  upon  whom
    11  process  against it may be served and the post office address, within or
    12  without this state, to which [the secretary of  state]  a  person  shall
    13  mail a copy of any process against it served upon [him] the secretary of
    14  state.
    15    §  19.  Subdivision  10  of section 11 of the cooperative corporations
    16  law, as added by chapter 97 of the laws of 1969, is amended to  read  as
    17  follows:
    18    10. A  designation  of  the  secretary of state as agent of the corpo-
    19  ration upon whom process against it may be served and  the  post  office
    20  address, within or without this state, to which [the secretary of state]
    21  a  person  shall mail a copy of any process against it served upon [him]
    22  the secretary of state.
    23    § 20. Subdivision 10 of section 96 of the executive law, as amended by
    24  chapter 39 of the laws of 1987, is amended to read as follows:
    25    10. For service of process on the secretary of state, acting as  agent
    26  for  a  third  party  pursuant  to law, except as otherwise specifically
    27  provided by law, forty dollars. No fee shall be  collected  for  process
    28  served  on  behalf of [a] any state official, department, board, agency,
    29  authority, county, city, town or village or other political  subdivision
    30  of  the  state.  The fees paid the secretary of state shall be a taxable
    31  disbursement.
    32    § 21. The opening paragraph of subdivision  2  and  subdivision  3  of
    33  section  18 of the general associations law, as amended by chapter 13 of
    34  the laws of 1938, are amended and two new subdivisions 5 and 6 are added
    35  to read as follows:
    36    Every association doing business within this state shall file  in  the
    37  department  of  state  a  certificate in its associate name, signed [and
    38  acknowledged] by its president, or a vice-president,  or  secretary,  or
    39  treasurer,  or  managing director, or trustee, designating the secretary
    40  of state as an agent upon whom  process  in  any  action  or  proceeding
    41  against  the  association  may  be served within this state, and setting
    42  forth an address to which [the secretary of state] a person shall mail a
    43  copy of any process against the association which  may  be  served  upon
    44  [him]  the  secretary  of state pursuant to law.  Annexed to the certif-
    45  icate of designation shall be a statement, executed in the  same  manner
    46  as  the certificate is required to be executed under this section, which
    47  shall set forth:
    48    3.  Any association, from time to time,  may  change  the  address  to
    49  which  [the  secretary  of state] a person is directed to mail copies of
    50  process served on the secretary of state, by filing a statement to  that
    51  effect,  executed[,]  and  signed [and acknowledged] in like manner as a
    52  certificate of designation as herein provided.
    53    5.  Any designated post office address maintained by the secretary  of
    54  state  as  agent in any action or proceeding against the association for
    55  the purpose of mailing process shall be the post office address,  within
    56  or  without the state, to which a person shall mail process against such

        S. 1508--A                         71                         A. 2008--A
     1  association as required by this article.  Such  address  shall  continue
     2  until the filing of a certificate under this chapter directing the mail-
     3  ing to a different post office address.
     4    6.  "Process"  means judicial process and all orders, demands, notices
     5  or other papers required or permitted by law to be personally served  on
     6  an  association, for the purpose of acquiring jurisdiction of such asso-
     7  ciation in any action or proceeding, civil or  criminal,  whether  judi-
     8  cial,  administrative, arbitrative or otherwise, in this state or in the
     9  federal courts sitting in or for this state.
    10    § 22. Section 19 of the general associations law, as amended by  chap-
    11  ter 166 of the laws of 1991, is amended to read as follows:
    12    §  19.    Service of process. 1. Service of process against an associ-
    13  ation upon the secretary of state shall be made by mailing  the  process
    14  and  notice  of  service  thereof  by  certified  mail,  return  receipt
    15  requested, to such corporation or other business  entity,  at  the  post
    16  office  address  on  file  in the department of state specified for this
    17  purpose. On the same day that such process is mailed, a  duplicate  copy
    18  of  such  process  and proof of mailing shall be personally [delivering]
    19  delivered to and [leaving] left with [him] the secretary of state  or  a
    20  deputy  [secretary of state or an associate attorney, senior attorney or
    21  attorney in the corporation division of the department of state,  dupli-
    22  cate  copies of such process at the office of the department of state in
    23  the city of Albany] so designated. At  the  time  of  such  service  the
    24  plaintiff  shall  pay  a fee of forty dollars to the secretary of state,
    25  which shall be a taxable disbursement. [If the cost of  registered  mail
    26  for  transmitting  a  copy  of  the process shall exceed two dollars, an
    27  additional fee equal to such excess shall be paid at  the  time  of  the
    28  service  of such process. The secretary of state shall forthwith send by
    29  registered mail one of such copies to the  association  at  the  address
    30  fixed for that purpose, as herein provided.]
    31    2.  Proof  of  mailing  shall  be by affidavit of compliance with this
    32  section. Service of process on such association shall be  complete  when
    33  the  secretary  of  state  is  so served. If the action or proceeding is
    34  instituted in a court of limited jurisdiction, service of process may be
    35  made in the manner provided in this section if the cause of action arose
    36  within the territorial jurisdiction of the court and the office  of  the
    37  defendant, as set forth in its statement filed pursuant to section eigh-
    38  teen of this [chapter] article, is within such territorial jurisdiction.
    39    §  23.  Subdivision 2 of section 352-b of the general business law, as
    40  amended by chapter 252 of the laws  of  1983,  is  amended  to  read  as
    41  follows:
    42    2.  Service  of such process upon the secretary of state shall be made
    43  by personally delivering to and leaving with [him or] the  secretary  of
    44  state,  a  deputy secretary of state, or with a person authorized by the
    45  secretary of state to receive such service, a copy thereof at the office
    46  of the department of state in the city of Albany, and such service shall
    47  be sufficient service provided that notice of such service and a copy of
    48  such process are forthwith sent by the attorney general to such  person,
    49  partnership,  corporation,  company, trust or association, by registered
    50  or certified mail with return receipt requested, at  [his  or  its]  the
    51  office  as  set  forth  in  the "broker-dealer's statement", "salesman's
    52  statement" or "investment advisor's statement" filed in  the  department
    53  of  law  pursuant to section three hundred fifty-nine-e or section three
    54  hundred fifty-nine-eee of this article, or in default of the  filing  of
    55  such  statement,  at  the  last  address  known to the attorney general.
    56  Service of such process shall be complete on  receipt  by  the  attorney

        S. 1508--A                         72                         A. 2008--A
     1  general  of a return receipt purporting to be signed by the addressee or
     2  a person qualified to receive [his or its] registered or certified mail,
     3  in accordance with the rules and customs of the post office  department,
     4  or,  if  acceptance  was  refused by the addressee or [his or its] their
     5  agent, on return to the attorney general of the original envelope  bear-
     6  ing  a  notation  by  the  postal  authorities  that receipt thereof was
     7  refused.
     8    § 24. Section 686 of the general business law, as added by chapter 730
     9  of the laws of 1980, is amended to read as follows:
    10    § 686. Designation of secretary of state as agent for service of proc-
    11  ess; service of process. Any person who shall offer to sell  or  sell  a
    12  franchise  in  this  state  as  a franchisor, subfranchisor or franchise
    13  sales agent shall be deemed to have irrevocably appointed the  secretary
    14  of  state as his or [its] her agent upon whom may be served any summons,
    15  complaint, subpoena, subpoena duces tecum, notice, order or other  proc-
    16  ess  directed to such person, or any partner, principal, officer, sales-
    17  man or director thereof, or his or [its] her successor, administrator or
    18  executor, in any action, investigation, or proceeding which arises under
    19  this article or a rule hereunder, with the same force and validity as if
    20  served personally on such person.  Service  of  such  process  upon  the
    21  secretary of state shall be made by personally delivering to and leaving
    22  with  [him  or]  the secretary of state, a deputy secretary of state, or
    23  with any person authorized by the secretary of  state  to  receive  such
    24  service,  a  copy  thereof at the office of the department of state, and
    25  such service shall be sufficient provided that notice  of  such  service
    26  and  a copy of such process are sent forthwith by the department to such
    27  person, by registered or certified mail with return  receipt  requested,
    28  at  [his] the address [as] set forth in the application for registration
    29  of his or her offering prospectus or in the registered offering prospec-
    30  tus itself filed with the department of law pursuant to this article, or
    31  in default of the filing of such application or prospectus, at the  last
    32  address  known  to  the  department.  Service  of  such process shall be
    33  complete upon receipt by the department of a return  receipt  purporting
    34  to  be  signed by the addressee or a person qualified to receive [his or
    35  its] registered or certified mail, in  accordance  with  the  rules  and
    36  customs  of the post office department, or, if acceptance was refused or
    37  unclaimed by the addressee or his or [its] her agent, or if the address-
    38  ee moved without leaving  a  forwarding  address,  upon  return  to  the
    39  department  of  the  original  envelope bearing a notation by the postal
    40  authorities that receipt thereof was  refused  or  that  such  mail  was
    41  otherwise undeliverable.
    42    §  25.  Paragraph  4  of subdivision (e) of section 203 of the limited
    43  liability company law, as added by chapter 470 of the laws of  1997,  is
    44  amended to read as follows:
    45    (4)  a  designation  of the secretary of state as agent of the limited
    46  liability company upon whom process against it may  be  served  and  the
    47  post  office address, within or without this state, to which [the secre-
    48  tary of state] a person shall mail a copy of  any  process  against  the
    49  limited  liability  company  served  upon  [him or her] the secretary of
    50  state;
    51    § 26. Paragraph 4 of subdivision (a) of section  206  of  the  limited
    52  liability  company law, as amended by chapter 44 of the laws of 2006, is
    53  amended to read as follows:
    54    (4) a statement that the secretary of state  has  been  designated  as
    55  agent  of the limited liability company upon whom process against it may
    56  be served and the post office address, within or without this state,  to

        S. 1508--A                         73                         A. 2008--A
     1  which [the secretary of state] a person shall mail a copy of any process
     2  against it served upon [him or her] the secretary of state;
     3    §  27.  Paragraph  6  of subdivision (d) of section 211 of the limited
     4  liability company law is amended to read as follows:
     5    (6) a change in the post office address to  which  [the  secretary  of
     6  state]  a  person  shall  mail a copy of any process against the limited
     7  liability company served upon [him or her] the  secretary  of  state  if
     8  such  change is made other than pursuant to section three hundred one of
     9  this chapter;
    10    § 28. Section 211-A of the limited liability company law, as added  by
    11  chapter 448 of the laws of 1998, is amended to read as follows:
    12    §  211-A.  Certificate  of change. (a) A limited liability company may
    13  amend its articles of organization from time to time to (i)  specify  or
    14  change  the  location  of  the  limited liability company's office; (ii)
    15  specify or change the post office address to  which  [the  secretary  of
    16  state]  a  person  shall  mail a copy of any process against the limited
    17  liability company served upon [him] the secretary of  state;  and  (iii)
    18  make, revoke or change the designation of a registered agent, or specify
    19  or  change  the  address  of  the registered agent. Any one or more such
    20  changes may be accomplished by filing  a  certificate  of  change  which
    21  shall  be  entitled  "Certificate  of Change of ....... (name of limited
    22  liability company) under section 211-A of the Limited Liability  Company
    23  Law"  and  shall  be signed and delivered to the department of state. It
    24  shall set forth:
    25    (1) the name of the limited liability company,  and  if  it  has  been
    26  changed, the name under which it was formed;
    27    (2) the date the articles of organization were filed by the department
    28  of state; and
    29    (3) each change effected thereby.
    30    (b) A certificate of change which changes only the post office address
    31  to  which  [the  secretary  of  state] a person shall mail a copy of any
    32  process against a limited liability company served  upon  [him  or]  the
    33  secretary  of state and/or the address of the registered agent, provided
    34  such address being changed is the  address  of  a  person,  partnership,
    35  limited liability company or corporation whose address, as agent, is the
    36  address to be changed or who has been designated as registered agent for
    37  such  limited  liability  company  may  be  signed  and delivered to the
    38  department of state by such agent. The certificate of change  shall  set
    39  forth  the  statements  required  under subdivision (a) of this section;
    40  that a notice of the proposed change was mailed to the domestic  limited
    41  liability  company  by  the  party signing the certificate not less than
    42  thirty days prior to the date of delivery to the department of state and
    43  that such domestic limited liability company has not  objected  thereto;
    44  and  that the party signing the certificate is the agent of such limited
    45  liability company to whose address [the secretary of state] a person  is
    46  required  to  mail copies of process served on the secretary of state or
    47  the registered agent, if such be the  case.  A  certificate  signed  and
    48  delivered  under this subdivision shall not be deemed to effect a change
    49  of location of the office of the  limited  liability  company  in  whose
    50  behalf such certificate is filed.
    51    §  29.  Paragraph  2  of subdivision (b) of section 213 of the limited
    52  liability company law is amended to read as follows:
    53    (2) to change the post office  address  to  which  [the  secretary  of
    54  state]  a  person  shall  mail a copy of any process against the limited
    55  liability company served upon [him or her] the secretary of state; and

        S. 1508--A                         74                         A. 2008--A
     1    § 30. Subdivisions (c) and (e) of section 301 of the limited liability
     2  company law, subdivision (e) as amended by section 5 of part S of  chap-
     3  ter 59 of the laws of 2015, are amended to read as follows:
     4    (c)  Any designated post office address maintained by the secretary of
     5  state as agent of a domestic limited liability company or foreign limit-
     6  ed liability company for the purpose of mailing  process  shall  be  the
     7  post  office  address,  within  or  without the state, to which a person
     8  shall mail process against such limited liability company as required by
     9  this article. Any designated post office address to which the  secretary
    10  of  state  or  a person shall mail a copy of process served upon [him or
    11  her] the secretary of state as agent of  a  domestic  limited  liability
    12  company  or a foreign limited liability company shall continue until the
    13  filing of a certificate under this chapter directing the  mailing  to  a
    14  different post office address.
    15    [(e)]  (d) (1) Except as otherwise provided in this subdivision, every
    16  limited liability company to which this chapter applies, shall biennial-
    17  ly in the calendar month during which its articles  of  organization  or
    18  application for authority were filed, or effective date thereof if stat-
    19  ed,  file  on  forms  prescribed  by the secretary of state, a statement
    20  setting forth the post office address within or without  this  state  to
    21  which [the secretary of state] a person shall mail a copy of any process
    22  accepted  against  it  served  upon [him or her] the secretary of state.
    23  Such address shall supersede any  previous  address  on  file  with  the
    24  department of state for this purpose.
    25    (2)  The  commissioner  of  taxation  and finance and the secretary of
    26  state may agree to allow limited  liability  companies  to  include  the
    27  statement  specified in paragraph one of this subdivision on tax reports
    28  filed with the department of taxation and finance in  lieu  of  biennial
    29  statements  and  in  a manner prescribed by the commissioner of taxation
    30  and finance.  If this agreement is made,  starting  with  taxable  years
    31  beginning  on or after January first, two thousand sixteen, each limited
    32  liability company required to file the statement specified in  paragraph
    33  one  of  this  subdivision  that is subject to the filing fee imposed by
    34  paragraph three of subsection (c) of section six hundred fifty-eight  of
    35  the  tax  law  shall  provide  such statement annually on its filing fee
    36  payment form filed with the department of taxation and finance  in  lieu
    37  of  filing  a statement under this section with the department of state.
    38  However, each limited liability company required  to  file  a  statement
    39  under this section must continue to file the biennial statement required
    40  by this section with the department of state until the limited liability
    41  company  in fact has filed a filing fee payment form with the department
    42  of taxation and finance that includes all  required  information.  After
    43  that time, the limited liability company shall continue to provide annu-
    44  ally the statement specified in paragraph one of this subdivision on its
    45  filing  fee  payment  form in lieu of the biennial statement required by
    46  this subdivision.
    47    (3) If the agreement described in paragraph two of this subdivision is
    48  made, the department of  taxation  and  finance  shall  deliver  to  the
    49  department  of  state  the  statement specified in paragraph one of this
    50  subdivision contained on filing fee payment  forms.  The  department  of
    51  taxation  and  finance  must,  to  the extent feasible, also include the
    52  current name of the limited liability company, department of state iden-
    53  tification number for such limited liability company, the  name,  signa-
    54  ture  and  capacity  of  the  signer  of  the statement, name and street
    55  address of the filer of the statement, and the email address, if any, of
    56  the filer of the statement.

        S. 1508--A                         75                         A. 2008--A
     1    § 31. Paragraphs 2 and 3 of  subdivision  (a),  subparagraph  (ii)  of
     2  paragraph  2  and subparagraph (ii) of paragraph 3 of subdivision (e) of
     3  section 301-A of the limited liability company law, as added by  chapter
     4  448 of the laws of 1998, are amended to read as follows:
     5    (2)  that  the address of the party has been designated by the limited
     6  liability company as the post office address to which [the secretary  of
     7  state] a person shall mail a copy of any process served on the secretary
     8  of  state  as agent for such limited liability company, such address and
     9  that such party wishes to resign.
    10    (3) that at least  sixty days prior to the filing of  the  certificate
    11  of  resignation  for receipt of process with the department of state the
    12  party has sent a copy of the certificate of resignation for  receipt  of
    13  process by registered or certified mail to the address of the registered
    14  agent  of  the  designated  limited liability company, if other than the
    15  party filing the certificate of resignation[,] for receipt  of  process,
    16  or  if  the  [resigning]  designating  limited  liability company has no
    17  registered agent, then to the last address  of  the  designated  limited
    18  liability  company  known  to the party, specifying the address to which
    19  the copy was sent. If there is no registered agent and no known  address
    20  of  the designating limited liability company, the party shall attach an
    21  affidavit to the certificate stating that a  diligent  but  unsuccessful
    22  search  was  made  by the party to locate the limited liability company,
    23  specifying what efforts were made.
    24    (ii) sent by or on behalf of the plaintiff to such  limited  liability
    25  company by registered or certified mail with return receipt requested to
    26  the  last  address of such limited liability company known to the plain-
    27  tiff.
    28    (ii) Where service of a copy of process was  effected  by  mailing  in
    29  accordance  with this section, proof of service shall be by affidavit of
    30  compliance with this section filed, together with  the  process,  within
    31  thirty  days  after  receipt of the return receipt signed by the limited
    32  liability company or other official proof of delivery or of the original
    33  envelope mailed. If a copy of the process is mailed in  accordance  with
    34  this  section,  there  shall  be  filed with the affidavit of compliance
    35  either the return receipt signed by such limited  liability  company  or
    36  other  official  proof of delivery, if acceptance was refused by it, the
    37  original envelope with a notation by the postal authorities that accept-
    38  ance was refused. If acceptance was refused a copy  of  the  notice  and
    39  process  together  with notice of the mailing by registered or certified
    40  mail and refusal to accept  shall  be  promptly  sent  to  such  limited
    41  liability company at the same address by ordinary mail and the affidavit
    42  of  compliance  shall so state. Service of process shall be complete ten
    43  days after such papers are filed  with  the  clerk  of  the  court.  The
    44  refusal  to  accept  delivery  of the registered or certified mail or to
    45  sign the return receipt shall not affect the validity of the service and
    46  such limited liability company refusing to  accept  such  registered  or
    47  certified mail shall be charged with knowledge of the contents thereof.
    48    §  32. Subdivision (a) of section 303 of the limited liability company
    49  law, as relettered by chapter 341 of the laws of  1999,  is  amended  to
    50  read as follows:
    51    (a)  Service of process on the secretary of state as agent of a domes-
    52  tic limited liability company [or], authorized foreign limited liability
    53  company, or other business entity that has designated the  secretary  of
    54  state  as  agent  for service of process pursuant to article ten of this
    55  chapter, shall be made by mailing the  process  and  notice  of  service
    56  thereof  by  certified  mail,  return receipt requested, to such limited

        S. 1508--A                         76                         A. 2008--A
     1  liability company or other business entity, at the post  office  address
     2  on  file  in  the department of state specified for this purpose. On the
     3  same day as such process is mailed, a duplicate copy of such process and
     4  proof of mailing shall be [made by] personally [delivering] delivered to
     5  and  [leaving] left with the secretary of state or his or her deputy, or
     6  with any person authorized by the secretary of  state  to  receive  such
     7  service, at the office of the department of state in the city of Albany,
     8  [duplicate  copies  of  such  process]  together with the statutory fee,
     9  which fee shall be a taxable disbursement.  Proof of mailing shall be by
    10  affidavit of compliance with this section. Service of  process  on  such
    11  limited  liability  company  or  other business entity shall be complete
    12  when the secretary of state is so served. [The secretary of state  shall
    13  promptly  send  one  of  such  copies  by certified mail, return receipt
    14  requested, to such limited liability company at the post office  address
    15  on file in the department of state specified for that purpose.]
    16    §  33.  Section 305 of the limited liability company law is amended to
    17  read as follows:
    18    § 305. Records of process served on  the  secretary  of  state.    The
    19  [secretary  of  state]  department  of state shall keep a record of each
    20  process served upon the secretary of state under this chapter, including
    21  the date of such service [and the action of the secretary of state  with
    22  reference thereto]. It shall, upon request made within ten years of such
    23  service, issue a certificate under its seal certifying as to the receipt
    24  of  the  process  by  an  authorized  person, the date and place of such
    25  service and the receipt of the statutory fee. Process  served  upon  the
    26  secretary  of state under this chapter shall be destroyed by the depart-
    27  ment of state after a period of ten years from such service.
    28    § 34. Paragraph 4 of subdivision (a) of section  802  of  the  limited
    29  liability company law, as amended by chapter 470 of the laws of 1997, is
    30  amended to read as follows:
    31    (4)  a  designation  of  the secretary of state as its agent upon whom
    32  process against it may be served and the post office address, within  or
    33  without  this  state,  to  which [the secretary of state] a person shall
    34  mail a copy of any process against it  served  upon  [him  or  her]  the
    35  secretary of state;
    36    §  35. Section 804-A of the limited liability company law, as added by
    37  chapter 448 of the laws of 1998, is amended to read as follows:
    38    § 804-A. Certificate of change. (a) A foreign limited liability compa-
    39  ny may amend its application for authority from  time  to  time  to  (i)
    40  specify  or  change  the  location  of  the  limited liability company's
    41  office; (ii) specify or change the post office  address  to  which  [the
    42  secretary  of  state]  a person shall mail a copy of any process against
    43  the limited liability company served upon [him] the secretary of  state;
    44  and  (iii)  to  make,  revoke  or change the designation of a registered
    45  agent, or to specify or change the address of a  registered  agent.  Any
    46  one  or more such changes may be accomplished by filing a certificate of
    47  change which shall be entitled "Certificate of Change of ........  (name
    48  of limited liability company) under section 804-A of the Limited Liabil-
    49  ity  Company Law" and shall be signed and delivered to the department of
    50  state. It shall set forth:
    51    (1) the name of the foreign limited liability company and, if applica-
    52  ble, the fictitious name the limited liability company has agreed to use
    53  in this state pursuant to section eight hundred two of this article;
    54    (2) the date its application for authority was filed by the department
    55  of state; and
    56    (3) each change effected thereby[,].

        S. 1508--A                         77                         A. 2008--A
     1    (b) A certificate of change which changes only the post office address
     2  to which [the secretary of state] a person shall  mail  a  copy  of  any
     3  process against a foreign limited liability company served upon [him or]
     4  the  secretary  of  state  and/or  the  address of the registered agent,
     5  provided such address being changed is the address of a person, partner-
     6  ship [or], corporation or other limited liability company whose address,
     7  as  agent,  is  the address to be  changed or who has been designated as
     8  registered agent for such limited liability company may  be  signed  and
     9  delivered  to  the department of state by such agent. The certificate of
    10  change shall set forth the statements required under subdivision (a)  of
    11  this  section;  that  a  notice of the proposed change was mailed to the
    12  foreign limited liability company by the party signing  the  certificate
    13  not  less  than thirty days prior to the date of delivery to the depart-
    14  ment of state and that such foreign limited liability  company  has  not
    15  objected  thereto;  and  that  the  party signing the certificate is the
    16  agent of such foreign limited liability company to  whose  address  [the
    17  secretary  of  state]  a  person  is  required to mail copies of process
    18  served on the secretary of state or the registered agent, if such be the
    19  case. A certificate signed and delivered under  this  subdivision  shall
    20  not  be  deemed  to  effect  a  change  of location of the office of the
    21  foreign limited liability company in whose behalf  such  certificate  is
    22  filed.
    23    §  36.  Paragraph  6  of subdivision (b) of section 806 of the limited
    24  liability company law is amended to read as follows:
    25    (6) a post office address, within or without this state, to which [the
    26  secretary of state] a person shall mail a copy of any process against it
    27  served upon [him or her] the secretary of state.
    28    § 37. Paragraph 11 of subdivision (a) of section 1003 of  the  limited
    29  liability company law, as amended by chapter 374 of the laws of 1998, is
    30  amended to read as follows:
    31    (11)  a  designation  of the secretary of state as its agent upon whom
    32  process against it may be served in the  manner  set  forth  in  article
    33  three  of  this  chapter in any action or special proceeding, and a post
    34  office address, within or without this state, to which [the secretary of
    35  state] a person shall mail a copy of any process  served  upon  [him  or
    36  her]  the  secretary  of state. Such post office address shall supersede
    37  any prior address designated as the address to which  process  shall  be
    38  mailed;
    39    §  38.  Clause  (iv) of subparagraph (A) of paragraph 2 of subdivision
    40  (c) of section 1203 of the limited liability company law, as amended  by
    41  chapter 44 of the laws of 2006, is amended to read as follows:
    42    (iv)  a  statement  that the secretary of state has been designated as
    43  agent of the professional service limited liability  company  upon  whom
    44  process  against it may be served and the post office address, within or
    45  without this state, to which [the secretary of  state]  a  person  shall
    46  mail  a  copy  of  any  process  against it served upon [him or her] the
    47  secretary of state;
    48    § 39. Paragraph 6 of subdivision (a) and subparagraph 5  of  paragraph
    49  (i)  of subdivision (d) of section 1306 of the limited liability company
    50  law, subparagraph 5 of paragraph (i) of subdivision (d)  as  amended  by
    51  chapter 44 of the laws of 2006, are amended to read as follows:
    52    (6)  a  designation  of  the secretary of state as its agent upon whom
    53  process against it may be served and the post office address, within  or
    54  without  this  state,  to  which [the secretary of state] a person shall
    55  mail a copy of any process against it  served  upon  [him  or  her]  the
    56  secretary of state; and

        S. 1508--A                         78                         A. 2008--A
     1    (5)  a  statement  that  the secretary of state has been designated as
     2  agent of the foreign professional service limited liability company upon
     3  whom process against it may be served and the post office address, with-
     4  in or without this state, to which [the secretary  of  state]  a  person
     5  shall mail a copy of any process against it served upon [him or her] the
     6  secretary of state;
     7    §  40.  Paragraph (d) of section 304 of the not-for-profit corporation
     8  law, as amended by chapter 358 of the laws of 2015, is amended  to  read
     9  as follows:
    10    (d)  Any designated post office address maintained by the secretary of
    11  state as agent of a domestic not-for-profit corporation or foreign  not-
    12  for-profit  corporation  for the purpose of mailing process shall be the
    13  post office address, within or without the  state,  to  which  a  person
    14  shall mail process against such corporation as required by this article.
    15  Any  designated [post-office] post office address to which the secretary
    16  of state or a person shall mail a copy of process served  upon  [him  or
    17  her]  the  secretary  of state as agent of a domestic corporation formed
    18  under article four of this chapter or foreign corporation, shall contin-
    19  ue until the filing of a certificate under this  chapter  directing  the
    20  mailing to a different [post-office] post office address.
    21    §  41.  Paragraph (a) of section 305 of the not-for-profit corporation
    22  law, as amended by chapter 549 of the laws of 2013, is amended  to  read
    23  as follows:
    24    (a)  Every  domestic corporation or authorized foreign corporation may
    25  designate a registered agent in this state  upon  whom  process  against
    26  such  corporation may be served. The agent shall be a natural person who
    27  is a resident of or has a business address in this state or  a  domestic
    28  corporation  or  foreign corporation of any kind formed[,] or authorized
    29  to do business in this state[,] under this chapter or  under  any  other
    30  statute  of  this  state,  or  a domestic limited liability company or a
    31  foreign limited liability company authorized  to  do  business  in  this
    32  state.
    33    §  42.  Paragraph (b) of section 306 of the not-for-profit corporation
    34  law, as amended by chapter 23 of the laws of 2014, is amended to read as
    35  follows:
    36    (b) Service of process on the secretary of state as agent of a  domes-
    37  tic  corporation formed under article four of this chapter or an author-
    38  ized foreign corporation shall be made by mailing the process and notice
    39  of service thereof by certified mail, return receipt requested, to  such
    40  corporation or other business entity, at the post office address on file
    41  in  the  department of state specified for this purpose. On the same day
    42  that such process is mailed, a duplicate copy of such process and  proof
    43  of  mailing  shall be personally [delivering] delivered to and [leaving]
    44  left with the secretary of state or his  or  her  deputy,  or  with  any
    45  person  authorized by the secretary of state to receive such service, at
    46  the office of the department of state in the city of Albany,  [duplicate
    47  copies of such process] together with the statutory fee, which fee shall
    48  be  a  taxable disbursement.   Proof of mailing shall be by affidavit of
    49  compliance with this section. Service of process on such corporation  or
    50  other  business  entity shall be complete when the secretary of state is
    51  so served.  [The secretary of state shall  promptly  send  one  of  such
    52  copies by certified mail, return receipt requested, to such corporation,
    53  at  the  post office address, on file in the department of state, speci-
    54  fied for the purpose.] If a domestic corporation  formed  under  article
    55  four  of  this  chapter or an authorized foreign corporation has no such
    56  address on file in the department of  state,  the  [secretary  of  state

        S. 1508--A                         79                         A. 2008--A

     1  shall  so  mail  such]  duplicate copy of the process shall be mailed to
     2  such corporation at the address of its office within this state on  file
     3  in the department.
     4    §  43.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
     5  profit corporation law, as added by chapter 564 of the laws of 1981  and
     6  as  renumbered by chapter 132 of the laws of 1985, is amended to read as
     7  follows:
     8    (6) A designation of the secretary of state as  agent  of  the  corpo-
     9  ration  upon  whom  process against it may be served and the post office
    10  address, within or without this state, to which [the secretary of state]
    11  a person shall mail a copy of any process against it served  upon  [him]
    12  the secretary of state.
    13    §  44.  Subparagraph 7 of paragraph (b) of section 801 of the not-for-
    14  profit corporation law, as amended by chapter 438 of the laws  of  1984,
    15  is amended to read as follows:
    16    (7)  To specify or change the post office address to which [the secre-
    17  tary of state] a person shall mail a copy of  any  process  against  the
    18  corporation served upon [him] the secretary of state.
    19    §  45.  Subparagraph 2 of paragraph (c) of section 802 of the not-for-
    20  profit corporation law, as amended by chapter 186 of the laws  of  1983,
    21  is amended to read as follows:
    22    (2)  To specify or change the post office address to which [the secre-
    23  tary of state] a person shall mail a copy of  any  process  against  the
    24  corporation served upon [him] the secretary of state.
    25    §  46.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
    26  profit corporation law, as amended by chapter 23 of the laws of 2014, is
    27  amended to read as follows:
    28    (6) A designation of the secretary of state as  agent  of  the  corpo-
    29  ration  upon  whom  process against it may be served and the post office
    30  address,   within or without this state,  to  which  [the  secretary  of
    31  state]  a person shall mail a copy of any process against it served upon
    32  the secretary of state.
    33    § 47. Paragraph (b) of section 803-A of the not-for-profit corporation
    34  law, as amended by chapter 172 of the laws of 1999, is amended  to  read
    35  as follows:
    36    (b) A certificate of change which changes only the post office address
    37  to  which  [the  secretary  of  state] a person shall mail a copy of any
    38  process against the corporation served upon [him or]  the  secretary  of
    39  state  and/or the address of the registered agent, provided such address
    40  being changed is the address of a person, partnership, limited liability
    41  company or other corporation whose address, as agent, is the address  to
    42  be  changed  or  who  has  been  designated as registered agent for such
    43  corporation, may be signed and delivered to the department of  state  by
    44  such  agent.  The  certificate  of change shall set forth the statements
    45  required under subparagraphs (1), (2) and (3) of paragraph (a)  of  this
    46  section;  that  a notice of the proposed change was mailed to the corpo-
    47  ration by the party signing the certificate not less  than  thirty  days
    48  prior  to  the  date  of delivery to the department and that such corpo-
    49  ration has not objected thereto; and that the party signing the  certif-
    50  icate  is  the agent of such corporation to whose address [the secretary
    51  of state] a person is required to mail copies of any process against the
    52  corporation served upon [him] the secretary of state or  the  registered
    53  agent,  if  such  be  the case. A certificate signed and delivered under
    54  this paragraph shall not be deemed to effect a change of location of the
    55  office of the corporation in whose behalf such certificate is filed.

        S. 1508--A                         80                         A. 2008--A
     1    § 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906  of
     2  the  not-for-profit  corporation  law, as amended by chapter 1058 of the
     3  laws of 1971, is amended to read as follows:
     4    (E)  A  designation  of  the secretary of state as its agent upon whom
     5  process against it may be served in the manner set  forth  in  paragraph
     6  (b)  of  section  306  (Service  of  process),  in any action or special
     7  proceeding described in [subparagraph] clause (D) of  this  subparagraph
     8  and  a  post office address, within or without this state, to which [the
     9  secretary of state] a person shall mail a copy of the  process  in  such
    10  action or special proceeding served upon the secretary of state.
    11    §  49. Clause (F) of subparagraph 2 of paragraph (d) of section 908 of
    12  the not-for-profit corporation law is amended to read as follows:
    13    (F) A designation of the secretary of state as [his]  its  agent  upon
    14  whom  process  against it may be served in the manner set forth in para-
    15  graph (b) of section 306 (Service of process), in any action or  special
    16  proceeding  described  in [subparagraph] clause (D) of this subparagraph
    17  and a post office address, within or without the state,  to  which  [the
    18  secretary  of  state]  a person shall mail a copy of the process in such
    19  action or special proceeding served upon by the secretary of state.
    20    § 50. Subparagraph 6 of paragraph (a) of section 1304 of the  not-for-
    21  profit  corporation  law,  as  renumbered  by chapter 590 of the laws of
    22  1982, is amended to read as follows:
    23    (6) A designation of the secretary of state as  its  agent  upon  whom
    24  process  against it may be served and the post office address, within or
    25  without this state, to which [the secretary of  state]  a  person  shall
    26  mail a copy of any process against it served upon [him] the secretary of
    27  state.
    28    §  51. Subparagraph 7 of paragraph (a) of section 1308 of the not-for-
    29  profit corporation law, as renumbered by chapter  186  of  the  laws  of
    30  1983, is amended to read as follows:
    31    (7)  To specify or change the post office address to which [the secre-
    32  tary of state] a person shall mail a copy  of  any  process  against  it
    33  served upon [him] the secretary of state.
    34    §  52.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
    35  1310 of the not-for-profit corporation law, paragraph (c) as amended  by
    36  chapter 172 of the laws of 1999, are amended to read as follows:
    37    (2)  To specify or change the post office address to which [the secre-
    38  tary of state] a person shall mail a copy  of  any  process  against  it
    39  served upon [him] the secretary of state.
    40    (c) A certificate of change of application for authority which changes
    41  only  the post office address to which [the secretary of state] a person
    42  shall mail a copy of any process against an  authorized  foreign  corpo-
    43  ration  served upon [him or] the secretary of state and/or which changes
    44  the address of its  registered  agent,  provided  such  address  is  the
    45  address  of  a  person,  partnership, limited liability company or other
    46  corporation whose address, as agent, is the address to be changed or who
    47  has been designated as registered  agent  for  such  authorized  foreign
    48  corporation,  may  be signed and delivered to the department of state by
    49  such agent. The certificate of change of application for authority shall
    50  set forth the statements required under subparagraphs (1), (2), (3)  and
    51  (4)  of  paragraph  (b)  of  this section; that a notice of the proposed
    52  change was mailed by the party signing the certificate to the authorized
    53  foreign corporation not less than thirty  days  prior  to  the  date  of
    54  delivery  to  the  department and that such corporation has not objected
    55  thereto; and that the party signing the certificate is the agent of such
    56  foreign corporation to whose address [the secretary of state]  a  person

        S. 1508--A                         81                         A. 2008--A
     1  is  required  to mail copies of process served on the secretary of state
     2  or the registered agent, if such be the case. A certificate  signed  and
     3  delivered under this paragraph shall not be deemed to effect a change of
     4  location  of  the office of the corporation in whose behalf such certif-
     5  icate is filed.
     6    § 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of  paragraph
     7  (d) of section 1311 of the not-for-profit corporation law are amended to
     8  read as follows:
     9    (6) A post office address, within or without this state, to which [the
    10  secretary of state] a person shall mail a copy of any process against it
    11  served upon [him] the secretary of state.
    12    (4)  The changed post office address, within or without this state, to
    13  which [the secretary of state] a person shall mail a copy of any process
    14  against it served upon [him] the secretary of state.
    15    § 54. Section 1312 of the not-for-profit corporation law,  as  amended
    16  by chapter 375 of the laws of 1998, is amended to read as follows:
    17  § 1312. Termination of existence.
    18    When  an  authorized foreign corporation is dissolved or its authority
    19  or existence is otherwise terminated or cancelled in the jurisdiction of
    20  its incorporation or when such foreign corporation  is  merged  into  or
    21  consolidated  with  another  foreign  corporation,  a certificate of the
    22  secretary of state, or official performing the equivalent function as to
    23  corporate records, of the jurisdiction of incorporation of such  foreign
    24  corporation attesting to the occurrence of any such event or a certified
    25  copy of an order or decree of a court of such jurisdiction directing the
    26  dissolution  of  such foreign corporation, the termination of its exist-
    27  ence or the cancellation of its authority  shall  be  delivered  to  the
    28  department  of  state.    The filing of the certificate, order or decree
    29  shall have the same effect as the filing of a certificate  of  surrender
    30  of authority under section 1311 (Surrender of authority).  The secretary
    31  of  state  shall  continue as agent of the foreign corporation upon whom
    32  process against it may be served in the manner set  forth  in  paragraph
    33  (b)  of  section  306  (Service  of  process),  in any action or special
    34  proceeding based upon  any  liability  or  obligation  incurred  by  the
    35  foreign  corporation  within  this  state  prior  to  the filing of such
    36  certificate, order or decree and [he] the person  serving  such  process
    37  shall  promptly cause a copy of any such process to be mailed by [regis-
    38  tered] certified mail, return receipt requested, to such foreign  corpo-
    39  ration  at  the  post  office  address  on file [in his office] with the
    40  department specified for such purpose.  The post office address  may  be
    41  changed  by  signing and delivering to the department of state a certif-
    42  icate of change setting forth the statements required under section 1310
    43  (Certificate of change, contents) to effect a change in the post  office
    44  address  under  subparagraph  [(a)  (4)] (7) of paragraph (a) of section
    45  1308 (Amendments or changes).
    46    § 55. Subdivision (c) of section 121-104 of the  partnership  law,  as
    47  added by chapter 950 of the laws of 1990, is amended to read as follows:
    48    (c)  Any designated post office address maintained by the secretary of
    49  state as agent of a domestic  limited  partnership  or  foreign  limited
    50  partnership  for the purpose of mailing process shall be the post office
    51  address, within or without the state, to which a person shall mail proc-
    52  ess against such limited partnership as required by  this  article.  Any
    53  designated  post  office  address  to  which the secretary of state or a
    54  person shall mail a copy of process served upon [him] the  secretary  of
    55  state  as  agent  of  a  domestic limited partnership or foreign limited

        S. 1508--A                         82                         A. 2008--A
     1  partnership shall continue until the filing of a certificate under  this
     2  article directing the mailing to a different post office address.
     3    § 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
     4  the  partnership  law,  as added by chapter 448 of the laws of 1998, are
     5  amended to read as follows:
     6    (1) the name of the limited partnership and the date that  its  [arti-
     7  cles  of organization] certificate of limited partnership or application
     8  for authority was filed by the department of state.
     9    (2) that the address of the party has been designated by  the  limited
    10  partnership as the post office address to which [the secretary of state]
    11  a  person  shall  mail  a copy of any process served on the secretary of
    12  state as agent for such limited partnership, and that such party  wishes
    13  to resign.
    14    (3) that at least sixty days prior to the filing of the certificate of
    15  resignation  for  receipt  of  process  with the department of state the
    16  party has sent a copy of the certificate of resignation for  receipt  of
    17  process by registered or certified mail to the address of the registered
    18  agent of the [designated] designating limited partnership, if other than
    19  the  party filing the certificate of resignation[,] for receipt of proc-
    20  ess, or if the [resigning] designating limited partnership has no regis-
    21  tered agent, then to the last address of  the  [designated]  designating
    22  limited partnership, known to the party, specifying the address to which
    23  the  copy was sent. If there is no registered agent and no known address
    24  of the designating limited partnership the party shall attach an affida-
    25  vit to the certificate stating that a diligent but  unsuccessful  search
    26  was made by the party to locate the limited partnership, specifying what
    27  efforts were made.
    28    §  57.  Subdivision  (a) of section 121-105 of the partnership law, as
    29  added by chapter 950 of the laws of 1990, is amended to read as follows:
    30    (a) In addition to the designation of the  secretary  of  state,  each
    31  limited partnership or authorized foreign limited partnership may desig-
    32  nate  a  registered agent upon whom process against the limited partner-
    33  ship may be served. The agent must be (i) a  natural  person  who  is  a
    34  resident  of  this  state  or has a business address in this state, [or]
    35  (ii) a domestic corporation or a foreign corporation  authorized  to  do
    36  business in this state, or (iii) a domestic limited liability company or
    37  a  foreign  limited  liability company authorized to do business in this
    38  state.
    39    § 58. Subdivisions (a) and (c) of section 121-109 of  the  partnership
    40  law,  as  added  by chapter 950 of the laws of 1990 and as relettered by
    41  chapter 341 of the laws of 1999, are amended to read as follows:
    42    (a) Service of process on the secretary of state as agent of a  domes-
    43  tic  or authorized foreign limited partnership, or other business entity
    44  that has designated the secretary of state as agent for service of proc-
    45  ess pursuant to this chapter, shall be made [as follows:
    46    (1) By] by mailing the process and notice of service of process pursu-
    47  ant to this section by certified mail, return receipt requested, to such
    48  domestic or authorized foreign limited  partnership  or  other  business
    49  entity,  at  the  post office address on file in the department of state
    50  specified for this purpose. On the same day as the process is mailed,  a
    51  duplicate  copy of such process and proof of mailing shall be personally
    52  [delivering] delivered to and [leaving]  left  with  [him  or  his]  the
    53  secretary  of  state  or  a deputy, or with any person authorized by the
    54  secretary of state to receive such service, at the office of the depart-
    55  ment of state in the city of Albany, [duplicate copies of such  process]
    56  together  with the statutory fee, which fee shall be a taxable disburse-

        S. 1508--A                         83                         A. 2008--A
     1  ment. Proof of mailing shall be by affidavit  of  compliance  with  this
     2  section.  Service  of process on such limited partnership or other busi-
     3  ness entity shall be complete when the secretary of state is so served.
     4    [(2)  The  service  on  the  limited  partnership is complete when the
     5  secretary of state is so served.
     6    (3) The secretary of state shall promptly send one of such  copies  by
     7  certified mail, return receipt requested, addressed to the limited part-
     8  nership  at the post office address, on file in the department of state,
     9  specified for that purpose.]
    10    (c) The [secretary of state] department of state shall keep  a  record
    11  of  all process served upon [him] it under this section and shall record
    12  therein the date of such service [and his action with  reference  there-
    13  to]. It shall, upon request made within ten years of such service, issue
    14  a certificate under its seal certifying as to the receipt of the process
    15  by  an  authorized  person,  the  date and place of such service and the
    16  receipt of the statutory fee. Process served upon the secretary of state
    17  under this chapter shall be destroyed by the department after  a  period
    18  of ten years from such service.
    19    §  59.  Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph
    20  (i) of subdivision (c) of section 121-201 of the partnership law,  para-
    21  graph  3  of  subdivision  (a)  as amended by chapter 264 of the laws of
    22  1991, and subparagraph 4 of paragraph (i) of subdivision (c) as  amended
    23  by chapter 44 of the laws of 2006, are amended to read as follows:
    24    (3)  a  designation  of the secretary of state as agent of the limited
    25  partnership upon whom process against it may  be  served  and  the  post
    26  office address, within or without this state, to which [the secretary of
    27  state]  a person shall mail a copy of any process against it served upon
    28  [him] the secretary of state;
    29    (4) a statement that the secretary of state  has  been  designated  as
    30  agent  of  the  limited  partnership upon whom process against it may be
    31  served and the post office address, within or  without  this  state,  to
    32  which [the secretary of state] a person shall mail a copy of any process
    33  against it served upon [him or her] the secretary of state;
    34    §  60.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
    35  nership law, as amended by chapter 576 of the laws of 1994,  is  amended
    36  to read as follows:
    37    (4)  a  change  in the name of the limited partnership, or a change in
    38  the post office address to which [the secretary of state] a person shall
    39  mail a copy of any process against the  limited  partnership  served  on
    40  [him]  the secretary of state, or a change in the name or address of the
    41  registered agent, if such change is made other than pursuant to  section
    42  121-104 or 121-105 of this article.
    43    §  61.  Section  121-202-A of the partnership law, as added by chapter
    44  448 of the laws of 1998, paragraph 2 of subdivision (a)  as  amended  by
    45  chapter 172 of the laws of 1999, is amended to read as follows:
    46    § 121-202-A. Certificate of change. (a) A certificate of limited part-
    47  nership  may be changed by filing with the department of state a certif-
    48  icate of change entitled "Certificate of Change of ..... (name of limit-
    49  ed  partnership)  under  Section  121-202-A  of  the   Revised   Limited
    50  Partnership  Act" and shall be signed and delivered to the department of
    51  state. A certificate of change may (i) specify or change the location of
    52  the limited partnership's office; (ii) specify or change the post office
    53  address to which [the secretary of state] a person shall mail a copy  of
    54  process  against the limited partnership served upon [him] the secretary
    55  of state; and (iii) make, revoke or change the designation of  a  regis-

        S. 1508--A                         84                         A. 2008--A
     1  tered  agent,  or  to  specify  or  change the address of its registered
     2  agent. It shall set forth:
     3    (1)  the  name of the limited partnership, and if it has been changed,
     4  the name under which it was formed;
     5    (2) the date its certificate of limited partnership was filed  by  the
     6  department of state; and
     7    (3) each change effected thereby.
     8    (b) A certificate of change which changes only the post office address
     9  to  which  [the  secretary  of  state] a person shall mail a copy of any
    10  process against a limited partnership served upon [him or] the secretary
    11  of state and/or the address  of  the  registered  agent,  provided  such
    12  address  being  changed is the address of a person, partnership, limited
    13  liability corporation or corporation whose address,  as  agent,  is  the
    14  address to be changed or who has been designated as registered agent for
    15  such limited partnership shall be signed and delivered to the department
    16  of  state  by  such agent. The certificate of change shall set forth the
    17  statements required under subdivision (a) of this section; that a notice
    18  of the proposed change was mailed to the domestic limited partnership by
    19  the party signing the certificate not less than thirty days prior to the
    20  date of delivery to the department  of  state  and  that  such  domestic
    21  limited partnership has not objected thereto; and that the party signing
    22  the  certificate  is  the  agent  of  such  limited partnership to whose
    23  address [the secretary of state] a person is required to mail copies  of
    24  process  served  on  the  secretary of state or the registered agent, if
    25  such be the case. A certificate signed and delivered under this subdivi-
    26  sion shall not be deemed to effect a change of location of the office of
    27  the limited partnership in whose behalf such certificate is filed.
    28    § 62. Paragraph 4 of subdivision (a) and subparagraph 5  of  paragraph
    29  (i)  of subdivision (d) of section 121-902 of the partnership law, para-
    30  graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999
    31  and subparagraph 5 of paragraph (i) of subdivision  (d)  as  amended  by
    32  chapter 44 of the laws of 2006, are amended to read as follows:
    33    (4)  a  designation  of  the secretary of state as its agent upon whom
    34  process against it may be served and the post office address, within  or
    35  without  this  state,  to  which [the secretary of state] a person shall
    36  mail a copy of any process against it served upon [him] the secretary of
    37  state;
    38    (5) a statement that the secretary of state has been designated as its
    39  agent upon whom process against it may be served  and  the  post  office
    40  address, within or without this state, to which [the secretary of state]
    41  a person shall mail a copy of any process against it served upon [him or
    42  her] the secretary of state;
    43    §  63.  Section  121-903-A of the partnership law, as added by chapter
    44  448 of the laws of 1998, is amended to read as follows:
    45    § 121-903-A. Certificate of change. (a) A foreign limited  partnership
    46  may  change  its application for authority by filing with the department
    47  of state  a  certificate  of  change  entitled  "Certificate  of  Change
    48  of ........ (name of limited partnership) under Section 121-903-A of the
    49  Revised  Limited  Partnership  Act" and shall be signed and delivered to
    50  the department of state. A certificate of  change  may  (i)  change  the
    51  location  of  the  limited  partnership's  office;  (ii) change the post
    52  office address to which [the secretary of state] a person shall  mail  a
    53  copy  of  process  against the limited partnership served upon [him] the
    54  secretary of state; and (iii) make, revoke or change the designation  of
    55  a  registered  agent,  or to specify or change the address of its regis-
    56  tered agent. It shall set forth:

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     1    (1) the name of the foreign limited partnership  and,  if  applicable,
     2  the fictitious name the foreign limited partnership has agreed to use in
     3  this state pursuant to section 121-902 of this article;
     4    (2) the date its application for authority was filed by the department
     5  of state; and
     6    (3) each change effected thereby.
     7    (b) A certificate of change which changes only the post office address
     8  to  which  [the  secretary  of  state] a person shall mail a copy of any
     9  process against a foreign limited partnership served upon [him  or]  the
    10  secretary  of state and/or the address of the registered agent, provided
    11  such address being changed is the  address  of  a  person,  partnership,
    12  limited liability company or corporation whose address, as agent, is the
    13  address to be changed or who has been designated as registered agent for
    14  such  foreign  limited  partnership shall be signed and delivered to the
    15  department of state by such agent. The certificate of change  shall  set
    16  forth  the  statements  required  under subdivision (a) of this section;
    17  that a notice of the proposed change was mailed to the  foreign  limited
    18  partnership  by  the  party signing the certificate not less than thirty
    19  days prior to the date of delivery to the department of state  and  that
    20  such  foreign limited partnership has not objected thereto; and that the
    21  party signing the certificate is the agent of such foreign limited part-
    22  nership to whose address [the secretary of state] a person  is  required
    23  to mail copies of process served on the secretary of state or the regis-
    24  tered  agent,  if  such  be the case. A certificate signed and delivered
    25  under this subdivision shall  not  be  deemed  to  effect  a  change  of
    26  location  of  the office of the limited partnership in whose behalf such
    27  certificate is filed.
    28    § 64. Paragraph 6 of subdivision (b) of section 121-905 of  the  part-
    29  nership  law, as added by chapter 950 of the laws of 1990, is amended to
    30  read as follows:
    31    (6) a post office address, within or without this state, to which [the
    32  secretary of state] a person shall mail a copy of any process against it
    33  served upon [him] the secretary of state.
    34    § 65. Paragraph 7 of subdivision (a) of section 121-1103 of the  part-
    35  nership  law, as added by chapter 950 of the laws of 1990, is amended to
    36  read as follows:
    37    (7) A designation of the secretary of state as  its  agent  upon  whom
    38  process  against  it  may  be  served in the manner set forth in section
    39  121-109 of this article in any action or special proceeding, and a  post
    40  office address, within or without this state, to which [the secretary of
    41  state]  a  person shall mail a copy of any process served upon [him] the
    42  secretary of state.  Such post office address shall supersede any  prior
    43  address designated as the address to which process shall be mailed.
    44    §  66. Subparagraphs 2 and 4 of paragraph (I) and clause 4 of subpara-
    45  graph (A) of paragraph (II) of subdivision (a) of  section  121-1500  of
    46  the partnership law, subparagraph 2 of paragraph (I) as added by chapter
    47  576  of  the laws of 1994, subparagraph 4 of paragraph (I) as amended by
    48  chapter 643 of the laws of 1995 and such paragraph  as  redesignated  by
    49  chapter  767  of  the  laws  of 2005 and clause 4 of subparagraph (A) of
    50  paragraph (II) as amended by chapter 44 of the laws of 2006, are amended
    51  to read as follows:
    52    (2) the address, within this state, of the  principal  office  of  the
    53  partnership without limited partners;
    54    (4)  a  designation of the secretary of state as agent of the partner-
    55  ship without limited partners upon whom process against it may be served
    56  and the post office address, within or without this state, to which  the

        S. 1508--A                         86                         A. 2008--A
     1  [secretary  of  state] a person shall mail a copy of any process against
     2  it or served [upon it] on the secretary of state;
     3    (4)  a  statement  that  the secretary of state has been designated as
     4  agent of the registered limited liability partnership upon whom  process
     5  against  it may be served and the post office address, within or without
     6  this state, to which [the secretary of state] a person shall mail a copy
     7  of any process against it served upon [him  or  her]  the  secretary  of
     8  state;
     9    § 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500
    10  of  the partnership law, as amended by section 8 of part S of chapter 59
    11  of the laws of 2015, are amended to read as follows:
    12    (ii) the address, within this state, of the principal  office  of  the
    13  registered limited liability partnership, (iii) the post office address,
    14  within or without this state, to which [the secretary of state] a person
    15  shall mail a copy of any process accepted against it served upon [him or
    16  her]  the secretary of state, which address shall supersede any previous
    17  address on file with the department of state for this purpose, and
    18    § 68. Subdivision (j-1) of section 121-1500 of the partnership law, as
    19  added by chapter 448 of the laws of 1998, is amended to read as follows:
    20    (j-1) A certificate of change  which  changes  only  the  post  office
    21  address  to which [the secretary of state] a person shall mail a copy of
    22  any process against a registered limited  liability  partnership  served
    23  upon  [him]  the secretary of state and/or the address of the registered
    24  agent, provided such address being changed is the address of  a  person,
    25  partnership,  limited liability company or corporation whose address, as
    26  agent, is the address to be changed or who has been designated as regis-
    27  tered agent for such registered limited liability partnership  shall  be
    28  signed  and  delivered  to  the  department  of state by such agent. The
    29  certificate of change shall set forth: (i) the name  of  the  registered
    30  limited  liability  partnership  and,  if  it has been changed, the name
    31  under which it was originally filed with the department of  state;  (ii)
    32  the  date  of  filing  of  its initial registration or notice statement;
    33  (iii) each change effected thereby; (iv) that a notice of  the  proposed
    34  change  was  mailed  to  the  limited liability partnership by the party
    35  signing the certificate not less than thirty days prior to the  date  of
    36  delivery  to  the  department  of  state and that such limited liability
    37  partnership has not objected thereto; and (v) that the party signing the
    38  certificate is the agent of such limited liability partnership to  whose
    39  address  [the secretary of state] a person is required to mail copies of
    40  process served on the secretary of state or  the  registered  agent,  if
    41  such be the case. A certificate signed and delivered under this subdivi-
    42  sion shall not be deemed to effect a change of location of the office of
    43  the  limited  liability  partnership in whose behalf such certificate is
    44  filed. The certificate of change shall be accompanied by a fee  of  five
    45  dollars.
    46    §  69.  Subdivision (a) of section 121-1502 of the partnership law, as
    47  amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
    48  chapter 470 of the laws of 1997, is amended to read as follows:
    49    (a)  In  order for a foreign limited liability partnership to carry on
    50  or conduct or transact business or activities as a New  York  registered
    51  foreign limited liability partnership in this state, such foreign limit-
    52  ed  liability  partnership  shall  file  with  the department of state a
    53  notice which shall set forth: (i)  the  name  under  which  the  foreign
    54  limited liability partnership intends to carry on or conduct or transact
    55  business  or  activities  in  this state; (ii) the date on which and the
    56  jurisdiction in which it registered as a limited liability  partnership;

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     1  (iii)  the  address,  within  this state, of the principal office of the
     2  foreign  limited  liability  partnership;   (iv)   the   profession   or
     3  professions  to  be practiced by such foreign limited liability partner-
     4  ship  and a statement that it is a foreign limited liability partnership
     5  eligible to file a notice under this chapter; (v) a designation  of  the
     6  secretary of state as agent of the foreign limited liability partnership
     7  upon  whom  process against it may be served and the post office address
     8  within or without this state, to which [the secretary of state] a person
     9  shall mail a copy of any process against it [or] served  upon  [it]  the
    10  secretary of state; (vi) if the foreign limited liability partnership is
    11  to  have  a  registered  agent, its name and address in this state and a
    12  statement that the registered agent is to be the agent  of  the  foreign
    13  limited  liability  partnership  upon  whom  process  against  it may be
    14  served; (vii) a statement that its registration as a  limited  liability
    15  partnership is effective in the jurisdiction in which it registered as a
    16  limited  liability partnership at the time of the filing of such notice;
    17  (viii) a statement that the foreign  limited  liability  partnership  is
    18  filing  a  notice  in  order  to  obtain status as a New York registered
    19  foreign limited liability partnership; (ix) if the registration  of  the
    20  foreign limited liability partnership is to be effective on a date later
    21  than  the  time  of  filing, the date, not to exceed sixty days from the
    22  date of filing, of  such  proposed  effectiveness;  and  (x)  any  other
    23  matters  the foreign limited liability partnership determines to include
    24  in the notice. Such notice shall be accompanied by either (1) a copy  of
    25  the  last  registration  or renewal registration (or similar filing), if
    26  any, filed by the foreign limited liability partnership with the  juris-
    27  diction  where it registered as a limited liability partnership or (2) a
    28  certificate, issued by the jurisdiction where it registered as a limited
    29  liability partnership, substantially to the  effect  that  such  foreign
    30  limited  liability  partnership  has  filed  a registration as a limited
    31  liability partnership which is effective on the date of the  certificate
    32  (if  such  registration,  renewal  registration  or  certificate is in a
    33  foreign language, a translation thereof under  oath  of  the  translator
    34  shall  be  attached thereto). Such notice shall also be accompanied by a
    35  fee of two hundred fifty dollars.
    36    § 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f)
    37  of section 121-1502 of the partnership law, as amended by section  9  of
    38  part  S  of  chapter  59  of  the  laws  of 2015, are amended to read as
    39  follows:
    40    (ii) the address, within this state, of the principal  office  of  the
    41  New  York  registered  foreign  limited liability partnership, (iii) the
    42  post office address, within or without this state, to which [the  secre-
    43  tary  of  state]  a  person  shall  mail  a copy of any process accepted
    44  against it served upon [him  or  her]  the  secretary  of  state,  which
    45  address shall supersede any previous address on file with the department
    46  of state for this purpose, and
    47    §  71.  Clause  5 of subparagraph (A) of paragraph (II) of subdivision
    48  (f) of section 121-1502 of the partnership law, as amended by chapter 44
    49  of the laws of 2006, is amended to read as follows:
    50    (5) a statement that the secretary of state  has  been  designated  as
    51  agent  of  the  foreign  limited liability partnership upon whom process
    52  against it may be served and the post office address, within or  without
    53  this state, to which [the secretary of state] a person shall mail a copy
    54  of  any  process  against  it  served upon [him or her] the secretary of
    55  state;

        S. 1508--A                         88                         A. 2008--A
     1    § 72. Subdivision (i-1) of section 121-1502 of the partnership law, as
     2  added by chapter 448 of the laws of 1998, is amended to read as follows:
     3    (i-1)  A  certificate  of  change  which  changes only the post office
     4  address to which [the secretary of state] a person shall mail a copy  of
     5  any  process  against  a  New  York registered foreign limited liability
     6  partnership served upon [him] the secretary of state and/or the  address
     7  of  the  registered  agent,  provided  such address being changed is the
     8  address of a person, partnership, limited liability  company  or  corpo-
     9  ration  whose address, as agent, is the address to be changed or who has
    10  been designated as registered agent of such registered  foreign  limited
    11  liability partnership shall be signed and delivered to the department of
    12  state  by such agent. The certificate of change shall set forth: (i) the
    13  name of the New York registered foreign limited  liability  partnership;
    14  (ii) the date of filing of its initial registration or notice statement;
    15  (iii)  each  change effected thereby; (iv) that a notice of the proposed
    16  change was mailed to the limited  liability  partnership  by  the  party
    17  signing  the  certificate not less than thirty days prior to the date of
    18  delivery to the department of state  and  that  such  limited  liability
    19  partnership has not objected thereto; and (v) that the party signing the
    20  certificate  is the agent of such limited liability partnership to whose
    21  address [the secretary of state] a person is required to mail copies  of
    22  process  served  on  the  secretary of state or the registered agent, if
    23  such be the case. A certificate signed and delivered under this subdivi-
    24  sion shall not be deemed to effect a change of location of the office of
    25  the limited liability partnership in whose behalf  such  certificate  is
    26  filed.  The  certificate of change shall be accompanied by a fee of five
    27  dollars.
    28    § 73. Subdivision (a) of section 121-1505 of the partnership  law,  as
    29  added  by chapter 470 of the laws of 1997, is amended and two new subdi-
    30  visions (d) and (e) are added to read as follows:
    31    (a) Service of process on the secretary of state as agent of a  regis-
    32  tered  limited  liability  partnership  or  New  York registered foreign
    33  limited liability partnership under this article shall be made by  mail-
    34  ing  the process and notice of service thereof by certified mail, return
    35  receipt requested, to such registered limited liability  partnership  or
    36  New  York  registered foreign limited liability partnership, at the post
    37  office address on file in the department of  state  specified  for  such
    38  purpose.  On the same date that such process is mailed, a duplicate copy
    39  of such process and proof of mailing together with  the  statutory  fee,
    40  which fee shall be a taxable disbursement, shall be personally [deliver-
    41  ing]  delivered  to  and [leaving] left with the secretary of state or a
    42  deputy, or with any person authorized  by  the  secretary  of  state  to
    43  receive  such  service,  at the office of the department of state in the
    44  city of Albany, [duplicate copies of such  process]  together  with  the
    45  statutory fee, which fee shall be a taxable disbursement. Proof of mail-
    46  ing  shall  be  by affidavit of compliance with this section. Service of
    47  process on such registered limited liability  partnership  or  New  York
    48  registered  foreign limited liability partnership shall be complete when
    49  the secretary of state is so  served.  [The  secretary  of  state  shall
    50  promptly  send  one  of  such  copies  by certified mail, return receipt
    51  requested, to such registered limited liability partnership, at the post
    52  office address on file in the department of  state  specified  for  such
    53  purpose.]
    54    (d) The department of state shall keep a record of each process served
    55  upon  the  secretary  of state under this chapter, including the date of
    56  such service. It shall, upon request  made  within  ten  years  of  such

        S. 1508--A                         89                         A. 2008--A
     1  service, issue a certificate under its seal certifying as to the receipt
     2  of  the  process  by  an  authorized  person, the date and place of such
     3  service and the receipt of the statutory fee.  Process served  upon  the
     4  secretary  of state under this chapter shall be destroyed by the depart-
     5  ment of state after a period of ten years from such service.
     6    (e) Any designated post office address maintained by the secretary  of
     7  state as agent of a registered limited liability partnership or New York
     8  registered  foreign  limited  liability  partnership  for the purpose of
     9  mailing process shall be the post office address, within or without  the
    10  state, to which a person shall mail process against such limited liabil-
    11  ity  company  as  required  by this article. Such address shall continue
    12  until the filing of a certificate under this chapter directing the mail-
    13  ing to a different post office address.
    14    § 74. Subdivision (b) of section 121-1506 of the partnership  law,  as
    15  added  by  chapter  448  of  the laws of 1998, paragraph 4 as amended by
    16  chapter 172 of the laws of 1999, is amended to read as follows:
    17    (b) The party (or the party's legal representative) whose post  office
    18  address  has  been  supplied  by  a limited liability partnership as its
    19  address for process may resign. A certificate entitled  "Certificate  of
    20  Resignation  for  Receipt  of  Process  under Section 121-1506(b) of the
    21  Partnership Law" shall be signed by such  party  and  delivered  to  the
    22  department of state. It shall set forth:
    23    (1)  The  name  of the limited liability partnership and the date that
    24  its certificate of registration was filed by the department of state.
    25    (2) That the address of the party has been designated by  the  limited
    26  liability partnership as the post office address to which [the secretary
    27  of state] a person shall mail a copy of any process served on the secre-
    28  tary  of  state as agent for such limited liability partnership and that
    29  such party wishes to resign.
    30    (3) That at least sixty days prior to the filing of the certificate of
    31  resignation for receipt of process with  the  department  of  state  the
    32  party  has  sent a copy of the certificate of resignation for receipt of
    33  process by registered or certified mail to the address of the registered
    34  agent of the [designated] designating limited liability partnership,  if
    35  other  than the party filing the certificate of resignation, for receipt
    36  of process, or if the [resigning] designating limited liability partner-
    37  ship has no registered agent, then to the last address  of  the  [desig-
    38  nated]  designating  limited  liability partnership, known to the party,
    39  specifying the address to which the copy was sent. If there is no regis-
    40  tered agent and no known address of the  designating  limited  liability
    41  partnership the party shall attach an affidavit to the certificate stat-
    42  ing  that  a  diligent  but unsuccessful search was made by the party to
    43  locate the limited liability partnership, specifying what  efforts  were
    44  made.
    45    (4) That the [designated] designating limited liability partnership is
    46  required  to  deliver to the department of state a certificate of amend-
    47  ment providing for the designation by the limited liability  partnership
    48  of a new address and that upon its failure to file such certificate, its
    49  authority to do business in this state shall be suspended.
    50    §  75.  Paragraph  16  of  subdivision 1 of section 103 of the private
    51  housing finance law, as added by chapter 22 of  the  laws  of  1970,  is
    52  amended to read as follows:
    53    (16)  A  designation  of the secretary of state as agent of the corpo-
    54  ration upon whom process against it may be served and  the  post  office
    55  address, within or without this state, to which [the secretary of state]

        S. 1508--A                         90                         A. 2008--A
     1  a  person  shall mail a copy of any process against it served upon [him]
     2  the secretary of state.
     3    §  76.  Subdivision  7  of  section  339-n of the real property law is
     4  REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
     5    § 76-a. Subdivision 15 of section  20.03  of  the  arts  and  cultural
     6  affairs  law, as added by chapter 656 of the laws of 1991, is amended to
     7  read as follows:
     8    15. "Non-institutional portion" shall mean the part or  portion  of  a
     9  combined-use  facility other than the institutional portion. If the non-
    10  institutional portion, or any part thereof, consists of  a  condominium,
    11  the  consent  of the trust which has developed or approved the developer
    12  of such condominium shall be required prior  to  any  amendment  of  the
    13  declaration  of such condominium pursuant to subdivision [nine] eight of
    14  section three hundred thirty-nine-n of the real property law  and  prior
    15  to  any  amendment  of the by-laws of such condominium pursuant to para-
    16  graph (j) of subdivision one of section three hundred  thirty-nine-v  of
    17  the  real property law, and whether or not such trust is a unit owner of
    18  such condominium, it may exercise the rights of the  board  of  managers
    19  and an aggrieved unit owner under section three hundred thirty-nine-j of
    20  the real property law in the case of a failure of any unit owner of such
    21  condominium  to comply with the by-laws of such condominium and with the
    22  rules, regulations, and decisions adopted pursuant thereto.
    23    § 77. Subdivision 2 of section 339-s of  the  real  property  law,  as
    24  added by chapter 346 of the laws of 1997, is amended to read as follows:
    25    2.  [Each  such  declaration,  and any amendment or amendments thereof
    26  shall be filed with the department of state] (a) The board  of  managers
    27  for  each condominium subject to this article shall file with the secre-
    28  tary of state a certificate, in writing, signed, designating the  secre-
    29  tary  of  state  as  agent  of  the  board of managers upon whom process
    30  against it may be served and the post office address to which  a  person
    31  shall mail a copy of such process.  The certificate shall be accompanied
    32  by a fee of sixty dollars.
    33    (b)  Any  board  of  managers may change the address to which a person
    34  shall mail a copy of process served upon  the  secretary  of  state,  by
    35  filing  a  signed certificate of amendment with the department of state.
    36  Such certificate shall be accompanied by a fee of sixty dollars.
    37    (c) Service of process on the secretary of state as agent of  a  board
    38  of  managers  shall be made by mailing the process and notice of service
    39  of process pursuant to this section by certified  mail,  return  receipt
    40  requested, to such board of managers, at the post office address on file
    41  in  the  department of state specified for this purpose. On the same day
    42  that such process is mailed, a duplicate copy of such process and  proof
    43  of  mailing shall be personally delivered to and left with the secretary
    44  of state or a deputy, or with any person authorized by the secretary  of
    45  state  to receive such service, at the office of the department of state
    46  in the city of Albany, a duplicate copy of such process  with  proof  of
    47  mailing  together  with  the  statutory  fee,  which  shall be a taxable
    48  disbursement. Proof of mailing shall be by affidavit of compliance  with
    49  this  section.  Service  of  process  on  a  board  of managers shall be
    50  complete when the secretary of state is so served.
    51    (d) As used in this article, "process" shall mean judicial process and
    52  all orders, demands, notices or other papers required  or  permitted  by
    53  law  to  be personally served on a board of managers, for the purpose of
    54  acquiring jurisdiction of such  board  of  managers  in  any  action  or
    55  proceeding,  civil  or criminal, whether judicial, administrative, arbi-

        S. 1508--A                         91                         A. 2008--A
     1  trative or otherwise, in this state or in the federal courts sitting  in
     2  or for this state.
     3    (e) Nothing in this section shall affect the right to serve process in
     4  any other manner permitted by law.
     5    (f) The department of state shall keep a record of each process served
     6  under  this  section,  including  the  date  of  service. It shall, upon
     7  request, made within ten years of  such  service,  issue  a  certificate
     8  under  its seal certifying as to the receipt of process by an authorized
     9  person, the date and place of such service and the receipt of the statu-
    10  tory fee. Process served on the secretary of state  under  this  section
    11  shall  be  destroyed  by  the  department of state after a period of ten
    12  years from such service.
    13    (g) Any designated post office address maintained by the secretary  of
    14  state as agent of the board of managers for the purpose of mailing proc-
    15  ess  shall  be  the post office address, within or without the state, to
    16  which a person shall mail process against such board as required by this
    17  article. Such address shall continue until the filing of  a  certificate
    18  under  this  chapter  directing  the  mailing to a different post office
    19  address.
    20    § 78. Subdivisions 3 and 4 of section 442-g of the real property  law,
    21  as  amended  by  chapter 482 of the laws of 1963, are amended to read as
    22  follows:
    23    3. Service of such process upon the secretary of state shall  be  made
    24  by  personally delivering to and leaving with [him or his] the secretary
    25  of state or a deputy, or with any person authorized by the secretary  of
    26  state  to receive such service, at the office of the department of state
    27  in the city of Albany, [duplicate copies] a copy  of  such  process  and
    28  proof  of  mailing  together with a fee of five dollars if the action is
    29  solely for the recovery of a sum of money not in excess of  two  hundred
    30  dollars  and the process is so endorsed, and a fee of ten dollars in any
    31  other action or proceeding, which fee shall be a  taxable  disbursement.
    32  If  such  process  is  served  upon  behalf  of  a county, city, town or
    33  village, or other political subdivision of the state, the fee to be paid
    34  to the secretary of state shall be five  dollars,  irrespective  of  the
    35  amount  involved  or  the  nature of the action on account of which such
    36  service of process is made. [If the cost of registered mail  for  trans-
    37  mitting  a  copy  of the process shall exceed two dollars, an additional
    38  fee equal to such excess shall be paid at the time  of  the  service  of
    39  such process.] Proof of mailing shall be by affidavit of compliance with
    40  this  section. Proof of service shall be by affidavit of compliance with
    41  this subdivision filed by or on behalf of the  plaintiff  together  with
    42  the  process,  within ten days after such service, with the clerk of the
    43  court in which the action or special proceeding  is  pending.    Service
    44  made  as  provided in this section shall be complete ten days after such
    45  papers are filed with the clerk of the court and  shall  have  the  same
    46  force  and  validity as if served on him personally within the state and
    47  within the territorial jurisdiction of the court from which the  process
    48  issues.
    49    4. The [secretary of state] person serving such process shall [prompt-
    50  ly]  send [one of] such [copies] process by [registered] certified mail,
    51  return receipt requested,  to  the  nonresident  broker  or  nonresident
    52  salesman  at  the post office address of his main office as set forth in
    53  the last application filed by him.
    54    § 79. Subdivision 2 of section 203 of the tax law, as amended by chap-
    55  ter 100 of the laws of 1964, is amended to read as follows:

        S. 1508--A                         92                         A. 2008--A
     1    2.   Every foreign corporation  (other  than  a  moneyed  corporation)
     2  subject to the provisions of this article, except a corporation having a
     3  certificate of authority [under section two hundred twelve of the gener-
     4  al  corporation  law]  or  having  authority to do business by virtue of
     5  section  thirteen  hundred  five  of the business corporation law, shall
     6  file in the department of state a  certificate  of  designation  in  its
     7  corporate  name, signed and acknowledged by its president or a vice-pre-
     8  sident or its secretary or treasurer, under its corporate  seal,  desig-
     9  nating  the  secretary  of  state  as its agent upon whom process in any
    10  action provided for by this article may be served within this state, and
    11  setting forth an address to which [the  secretary  of  state]  a  person
    12  shall  mail a copy of any such process against the corporation which may
    13  be served upon [him] the secretary of state.   In case any  such  corpo-
    14  ration  shall  have  failed  to file such certificate of designation, it
    15  shall be deemed to have designated the secretary of state as  its  agent
    16  upon whom such process against it may be served; and until a certificate
    17  of  designation shall have been filed the corporation shall be deemed to
    18  have directed [the secretary of state] a person serving process to  mail
    19  copies of process served upon [him] the secretary of state to the corpo-
    20  ration  at  its  last  known office address within or without the state.
    21  When a certificate of designation has been  filed  by  such  corporation
    22  [the  secretary  of state] a person serving process shall mail copies of
    23  process thereafter served upon [him]  the  secretary  of  state  to  the
    24  address  set forth in such certificate.  Any such corporation, from time
    25  to time, may change the address to which  [the  secretary  of  state]  a
    26  person is directed to mail copies of process, by filing a certificate to
    27  that  effect  executed,  signed  and  acknowledged  in  like manner as a
    28  certificate of designation as herein provided.  Service of process  upon
    29  any  such  corporation  or  upon any corporation having a certificate of
    30  authority [under section two hundred twelve of the  general  corporation
    31  law]  or  having  authority to do business by virtue of section thirteen
    32  hundred five of the business corporation law, in any action commenced at
    33  any time pursuant to the provisions of this  article,  may  be  made  by
    34  either  (1)  personally  delivering to and leaving with the secretary of
    35  state, a deputy secretary of state or with any person authorized by  the
    36  secretary  of  state  to  receive such service [duplicate copies] a copy
    37  thereof at the office of the department of state in the city of  Albany,
    38  in  which  event  [the secretary of state] a person serving such process
    39  shall forthwith send by  [registered]  certified  mail,  return  receipt
    40  requested,  [one  of such copies] a duplicate copy to the corporation at
    41  the address designated by it or at its last known office address  within
    42  or  without  the state, or (2) personally delivering to and leaving with
    43  the secretary of state, a deputy secretary of state or with  any  person
    44  authorized  by  the  secretary  of state to receive such service, a copy
    45  thereof at the office of the department of state in the city  of  Albany
    46  and  by  delivering  a  copy thereof to, and leaving such copy with, the
    47  president, vice-president, secretary,  assistant  secretary,  treasurer,
    48  assistant  treasurer,  or  cashier  of  such corporation, or the officer
    49  performing corresponding functions under another name, or a director  or
    50  managing agent of such corporation, personally without the state.  Proof
    51  of such personal service without the state shall be filed with the clerk
    52  of  the  court  in  which the action is pending within thirty days after
    53  such service, and such service shall be complete ten  days  after  proof
    54  thereof is filed.
    55    §  80. Section 216 of the tax law, as added by chapter 415 of the laws
    56  of 1944, the opening paragraph as amended by chapter 100 of the laws  of

        S. 1508--A                         93                         A. 2008--A
     1  1964  and redesignated by chapter 613 of the laws of 1976, is amended to
     2  read as follows:
     3    §  216.  Collection  of taxes. Every foreign corporation (other than a
     4  moneyed corporation) subject to the provisions of this article, except a
     5  corporation having a certificate of authority [under section two hundred
     6  twelve of the general corporation law] or having authority to  do  busi-
     7  ness  by  virtue of section thirteen hundred five of the business corpo-
     8  ration law, shall file in the  department  of  state  a  certificate  of
     9  designation in its corporate name, signed and acknowledged by its presi-
    10  dent or a vice-president or its secretary or treasurer, under its corpo-
    11  rate  seal,  designating  the  secretary of state as its agent upon whom
    12  process in any action provided for by this article may be served  within
    13  this  state,  and  setting  forth  an address to which [the secretary of
    14  state] a person shall mail a copy of any such process against the corpo-
    15  ration which may be served upon [him] the secretary of  state.  In  case
    16  any  such  corporation  shall  have  failed  to file such certificate of
    17  designation, it shall be deemed to  have  designated  the  secretary  of
    18  state  as its agent upon whom such process against it may be served; and
    19  until a certificate of designation shall have been filed the corporation
    20  shall be deemed to have directed [the secretary of state]  a  person  to
    21  mail [copies] a copy of process served upon [him] the secretary of state
    22  to  the  corporation  at its last known office address within or without
    23  the state.  When a certificate of designation has  been  filed  by  such
    24  corporation [the secretary of state] a person serving such process shall
    25  mail  [copies]  a  copy of process thereafter served upon [him] a person
    26  serving such process to the address set forth in such certificate.   Any
    27  such  corporation,  from  time  to time, may change the address to which
    28  [the secretary of state] a person is directed to mail copies of process,
    29  by filing a certificate to that effect executed, signed and acknowledged
    30  in like manner as a  certificate  of  designation  as  herein  provided.
    31  Service  of  process  upon  any such corporation or upon any corporation
    32  having a certificate of authority [under section two hundred  twelve  of
    33  the  general  corporation  law]  or  having  authority to do business by
    34  virtue of section thirteen hundred five of the business corporation law,
    35  in any action commenced at any time pursuant to the provisions  of  this
    36  article,  may be made by either (1) personally delivering to and leaving
    37  with the secretary of state, a deputy secretary of  state  or  with  any
    38  person  authorized  by  the  secretary  of state to receive such service
    39  [duplicate copies] a copy thereof at the office  of  the  department  of
    40  state  in  the city of Albany, in which event [the secretary of state] a
    41  person serving such process shall forthwith send by [registered]  certi-
    42  fied  mail,  return  receipt requested, [one of such copies] a duplicate
    43  copy to the corporation at the address designated by it or at  its  last
    44  known  office  address  within  or  without the state, or (2) personally
    45  delivering to and leaving with the secretary of state, a  deputy  secre-
    46  tary of state or with any person authorized by the secretary of state to
    47  receive  such service, a copy thereof at the office of the department of
    48  state in the city of Albany and by delivering a  copy  thereof  to,  and
    49  leaving  such  copy  with,  the  president,  vice-president,  secretary,
    50  assistant secretary, treasurer, assistant treasurer, or cashier of  such
    51  corporation,  or  the  officer  performing corresponding functions under
    52  another name, or a director  or  managing  agent  of  such  corporation,
    53  personally  without  the state.   Proof of such personal service without
    54  the state shall be filed with the clerk of the court in which the action
    55  is pending within thirty days after such service, and such service shall
    56  be complete ten days after proof thereof is filed.

        S. 1508--A                         94                         A. 2008--A
     1    § 81. Subdivisions (a) and (b) of section 310 of the tax law, as added
     2  by chapter 400 of the laws of 1983, are amended to read as follows:
     3    (a)  Designation  for  service  of  process.--Every petroleum business
     4  which is a corporation,  except  such  a  petroleum  business  having  a
     5  certificate of authority [under section two hundred twelve of the gener-
     6  al  corporation  law]  or  having  authority to do business by virtue of
     7  section thirteen hundred five of the  business  corporation  law,  shall
     8  file  in  the  department  of  state a certificate of designation in its
     9  corporate name, signed and acknowledged by its president or  vice-presi-
    10  dent  or its secretary or treasurer, under its corporate seal, designat-
    11  ing the secretary of state as its agent upon whom process in any  action
    12  provided  for  by  this  article  may  be  served within this state, and
    13  setting forth an address to which [the  secretary  of  state]  a  person
    14  shall  mail  a  copy of any such process against such petroleum business
    15  which may be served upon [him] the secretary of state. In case any  such
    16  petroleum  business shall have failed to file such certificate of desig-
    17  nation, it shall be deemed to have designated the secretary of state  as
    18  its  agent  upon whom such process against it may be served; and until a
    19  certificate of designation shall have been filed such a petroleum  busi-
    20  ness  shall be deemed to have directed [the secretary of state] a person
    21  to mail copies of process served upon [him] the secretary  of  state  to
    22  such petroleum business at its last known office address within or with-
    23  out  the state. When a certificate of designation has been filed by such
    24  a petroleum business [the secretary of state] a person  serving  process
    25  shall  mail copies of process thereafter served upon [him] the secretary
    26  of state to the address set forth in such certificate. Any such petrole-
    27  um business, from time to time, may change the  address  to  which  [the
    28  secretary  of  state] a person is directed to mail copies of process, by
    29  filing a certificate to that effect executed, signed and acknowledged in
    30  like manner as a certificate of designation as herein provided.
    31    (b) Service of process.--Service of process upon any  petroleum  busi-
    32  ness  which  is  a  corporation  (including  any such petroleum business
    33  having a certificate of authority [under section two hundred  twelve  of
    34  the  general  corporation  law]  or  having  authority to do business by
    35  virtue of section thirteen hundred  five  of  the  business  corporation
    36  law),  in any action commenced at any time pursuant to the provisions of
    37  this article, may be made by either (1)  personally  delivering  to  and
    38  leaving with the secretary of state, a deputy secretary of state or with
    39  any  person authorized by the secretary of state to receive such service
    40  [duplicate copies] a copy thereof at the office  of  the  department  of
    41  state  in  the city of Albany, in which event [the secretary of state] a
    42  person serving process shall forthwith send  by  [registered]  certified
    43  mail, return receipt requested, [one of such copies] a duplicate copy to
    44  such  petroleum  business at the address designated by it or at its last
    45  known office address within or without  the  state,  or  (2)  personally
    46  delivering  to  and leaving with the secretary of state, a deputy secre-
    47  tary of state or with any person authorized by the secretary of state to
    48  receive such service, a copy thereof at the office of the department  of
    49  state  in  the  city  of Albany and by delivering a copy thereof to, and
    50  leaving  such  copy  with,  the  president,  vice-president,  secretary,
    51  assistant  secretary, treasurer, assistant treasurer, or cashier of such
    52  petroleum business, or the officer  performing  corresponding  functions
    53  under  another  name,  or a director or managing agent of such petroleum
    54  business, personally without the state. Proof of such  personal  service
    55  without  the  state  shall be filed with the clerk of the court in which

        S. 1508--A                         95                         A. 2008--A
     1  the action is pending within thirty days after such  service,  and  such
     2  service shall be complete ten days after proof thereof is filed.
     3    §  82.  This  act  shall  take effect on the one hundred twentieth day
     4  after it shall have become a law.
     5                                   PART R
     6    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
     7  executive  law  relating to permitting the secretary of state to provide
     8  special handling for all documents filed or issued by  the  division  of
     9  corporations  and to permit additional levels of such expedited service,
    10  as amended by section 1 of part S of chapter 58 of the laws of 2018,  is
    11  amended to read as follows:
    12    §  2.  This  act shall take effect immediately, provided however, that
    13  section one of this act shall be deemed to have been in full  force  and
    14  effect  on  and  after  April 1, 2003 and shall expire March 31, [2019]
    15  2020.
    16    § 2. This act shall take effect immediately and  shall  be  deemed  to
    17  have been in full force and effect on and after March 31, 2019.
    18                                   PART S
    19    Section  1.  The  first  undesignated paragraph of subdivision 24-b of
    20  section 10 of the highway law, as amended by  chapter  155  of  laws  of
    21  1985, is amended to read as follows:
    22    Have  power,  whenever such commissioner of transportation deems it is
    23  necessary as a result of work of construction, reconstruction or mainte-
    24  nance of  state  highways,  to  provide  for  the  removal,  relocation,
    25  replacement  or  reconstruction  of privately, publicly or cooperatively
    26  owned water, storm and sewer lines and facilities,  facilities  for  the
    27  transmission  and/or distribution of communications, power, electricity,
    28  light, heat, gas, crude products, steam and other  similar  commodities,
    29  municipal  utility  facilities, or facilities of a corporation organized
    30  pursuant to the transportation corporations  law  that  are  located  on
    31  privately  owned  property.  Notwithstanding  any other provision of any
    32  law, the commissioner of transportation may enter into an agreement with
    33  a fiber optic utility for occupancy of the state right of way,  provided
    34  however, any provider occupying a right of way in fulfillment of a state
    35  grant award through the New NY Broadband Program shall not be subject to
    36  a  fee  for  such occupancy, and provided further, any fee for occupancy
    37  charged to a fiber optic utility shall be prohibited from  being  passed
    38  through in whole or in part as a fee, charge, increased service cost, or
    39  by any other means by a fiber optic utility to any person or entity that
    40  contracts  with  such  fiber  optic  utility  for  service, and provided
    41  further that any compensation received by the  state  pursuant  to  such
    42  agreement  shall  be deposited by the comptroller into the special obli-
    43  gation reserve and payment account of the dedicated highway  and  bridge
    44  trust  fund  established  pursuant to section eighty-nine-b of the state
    45  finance law. If such work requires  additional  property  or  if  it  is
    46  necessary  that the relocation of such facilities be made to other prop-
    47  erty, he may acquire such property as may be necessary for the  purposes
    48  of  this  subdivision,  in the same manner as other property is acquired
    49  for state highway purposes pursuant to this  chapter,  and  he  and  the
    50  owner  of  such  facilities may enter into a written agreement to convey
    51  such property as deemed necessary for the purposes of  this  subdivision
    52  to  such  owner  on  terms  beneficial to the state. The expense of such

        S. 1508--A                         96                         A. 2008--A
     1  removal, relocation, replacement or reconstruction and cost of  property
     2  acquisition  shall  be  a  proper charge against funds available for the
     3  construction, reconstruction or maintenance of state highways.    Except
     4  when  such  facilities  are owned by a corporation organized pursuant to
     5  the transportation corporations law, the work  of  such  removal,  relo-
     6  cation,  replacement or reconstruction shall be performed by contract in
     7  the same manner as provided for state highways in article three of  this
     8  chapter,  or,  by  the  use  of departmental forces and equipment and of
     9  materials purchased therefor, unless the commissioner of  transportation
    10  consents  to having the owner of such facilities provide for the work of
    11  such removal, relocation, replacement or  reconstruction.  In  the  case
    12  where  such  facilities are owned by a corporation organized pursuant to
    13  the transportation corporations law, the work  of  such  removal,  relo-
    14  cation,  replacement  or  reconstruction  shall  be provided for by such
    15  corporation unless it consents to having the commissioner of transporta-
    16  tion provide for such work to be performed by  contract,  in  accordance
    17  with  specifications provided by such corporation, in the same manner as
    18  provided for state highways in article three of this chapter, or, by the
    19  use of departmental forces and  equipment  and  of  materials  purchased
    20  therefor.  Upon  the  completion  of  the work, such facilities shall be
    21  maintained by the owners thereof.
    22    § 2. The transportation corporations law is amended by  adding  a  new
    23  section 7 to read as follows:
    24    §  7.  Agreement  for  fiber optic utility occupancy of state right of
    25  way.  Notwithstanding any other provision of any law,  the  commissioner
    26  of transportation may enter into an agreement with a fiber optic utility
    27  for  occupancy of the state right of way, provided however, any provider
    28  occupying a right of way in fulfillment of a state grant  award  through
    29  the  New  NY  Broadband  Program  shall not be subject to a fee for such
    30  occupancy, and provided further, any fee  for  occupancy  charged  to  a
    31  fiber  optic  utility  shall  be prohibited from being passed through in
    32  whole or in part as a fee, charge, increased service  cost,  or  by  any
    33  other  means  by  a  fiber  optic  utility  to any person or entity that
    34  contracts with such  fiber  optic  utility  for  service,  and  provided
    35  further  that  any  compensation  received by the state pursuant to such
    36  agreement shall be deposited by the comptroller into the  special  obli-
    37  gation  reserve  and payment account of the dedicated highway and bridge
    38  trust fund established pursuant to section eighty-nine-b  of  the  state
    39  finance law.
    40    § 3. This act shall take effect immediately.
    41                                   PART T
    42    Section  1.  Items  (a)  and (b) of subparagraph (v) of paragraph c of
    43  subdivision 2 and subdivision 9 of section  140  of  the  transportation
    44  law, items (a) and (b) of subparagraph (v) of paragraph c of subdivision
    45  2  as  amended by section 10 of part K of chapter 59 of the laws of 2009
    46  and such paragraph as relettered by section 6 of part G of chapter 58 of
    47  the laws of 2012 and subdivision 9 as amended by chapter 349 of the laws
    48  of 1993, are amended to read as follows:
    49    (a) [A driver who is convicted of violating an out-of-service order as
    50  provided for in the department's safety rules and regulations  shall  be
    51  guilty  of  a  traffic infraction which shall be punishable by a fine of
    52  not less than two thousand five hundred dollars nor more than four thou-
    53  sand dollars upon the first offense, and upon being found  guilty  of  a
    54  second  or  subsequent  offense  within eighteen months by a fine of not

        S. 1508--A                         97                         A. 2008--A

     1  less than five thousand dollars nor more than six thousand  dollars.]  A
     2  person  who  knowingly and willfully violates an out-of-service order as
     3  provided for in the department's safety rules and  regulations,  or  who
     4  knowingly and willfully removes an out-of-service sticker from a commer-
     5  cial motor vehicle as defined by section five hundred one-a of the vehi-
     6  cle  and  traffic  law without the authority of the department, shall be
     7  guilty of a class D felony. Upon making an arrest for any  violation  of
     8  this subdivision, or pursuant to the authority of a warrant issued under
     9  article  six  hundred  ninety  of the criminal procedure law, an officer
    10  shall remove or arrange for the removal of the vehicle or vehicles  used
    11  in the commission of the offense to a garage, automobile pound, or other
    12  place  of  safety  where  it  shall  remain  impounded  subject  to  the
    13  provisions of subdivisions two through seven  of  section  five  hundred
    14  eleven-b of the vehicle and traffic law and the vehicle shall be entered
    15  into  the  New York statewide police information network as an impounded
    16  vehicle and the impounding police department shall promptly  notify  the
    17  owner  and the local authority that the vehicle has been impounded. Upon
    18  conviction as a second or subsequent offender as  described  herein  the
    19  court  may  order forfeiture of any right, title or interest held by the
    20  defendant in any motor vehicle used in the commission of  such  offense.
    21  In  the  alternative, upon conviction as a second or subsequent offender
    22  as described herein, an action for forfeiture may be  commenced  by  the
    23  attorney  general on behalf of the commissioner or the corporation coun-
    24  sel or designee on behalf of the city in any superior court in the coun-
    25  ty of conviction. The defendant shall have a right to a trial by jury on
    26  any issue of fact. The plaintiff in the forfeiture action shall have the
    27  burden of proof by clear and convincing evidence on such issues of fact.
    28    (b) No person, corporation,  limited  liability  company  or  business
    29  entity,  joint  stock  association, partnership, or any officer or agent
    30  thereof, shall knowingly allow, require, permit or authorize any  person
    31  to operate a commercial motor vehicle as defined by section five hundred
    32  one-a  of  the  vehicle  and traffic law during any period in which such
    33  person, such commercial motor vehicle, or such motor  carrier  operation
    34  has been placed out of service as provided for in the department's safe-
    35  ty  rules  and  regulations  and shall be [subject to a fine of not less
    36  than two thousand seven hundred fifty dollars and not more than  twenty-
    37  five  thousand  dollars]  guilty  of  a class D felony for any violation
    38  thereof. Upon making an arrest for any violation of this subdivision, or
    39  pursuant to the authority of a warrant issued under article six  hundred
    40  ninety of the criminal procedure law, an officer shall remove or arrange
    41  for the removal of the vehicle or vehicles used in the commission of the
    42  offense  to a   garage, automobile pound, or other place of safety where
    43  it shall remain impounded subject to the provisions of subdivisions  two
    44  through  seven of section five hundred eleven-b of the vehicle and traf-
    45  fic law and the vehicle shall be entered into  the  New  York  statewide
    46  police  information  network  as an impounded vehicle and the impounding
    47  police department shall promptly notify the owner and the local authori-
    48  ty that the vehicle has been impounded. Upon conviction as a  second  or
    49  subsequent  offender  as described herein the court may order forfeiture
    50  of any right, title or interest held by the defendant in any motor vehi-
    51  cle used in the commission of such offense.   In the  alternative,  upon
    52  conviction  as  a  second or subsequent offender as described herein, an
    53  action for forfeiture may be commenced by the attorney general on behalf
    54  of the commissioner or the corporation counsel or designee on behalf  of
    55  the  city in any superior court in the county of conviction. The defend-
    56  ant shall have a right to a trial by jury on  any  issue  of  fact.  The

        S. 1508--A                         98                         A. 2008--A
     1  plaintiff  in  the  forfeiture  action shall have the burden of proof by
     2  clear and convincing evidence on such issues of fact.
     3    9.  (a) If, after notice and opportunity to be heard, the commissioner
     4  shall find that any person is operating in violation of  the  provisions
     5  of  this  section, the commissioner may penalize such person pursuant to
     6  subdivision three of section one hundred forty-five of this article. The
     7  commissioner may also notify the commissioner  of  motor  vehicles  that
     8  such  person  is  operating in violation of this section and the commis-
     9  sioner of motor vehicles shall thereupon suspend the registration of all
    10  motor vehicles owned or operated by such person, with the  exception  of
    11  private  passenger  automobiles, until such time as the commissioner may
    12  give notice that the violation has  been  satisfactorily  adjusted.  The
    13  commissioner  of  motor vehicles may direct any police officer to secure
    14  possession of the vehicle plates and to return the same to  the  commis-
    15  sioner  of  motor  vehicles.  Failure  of  the  holder  or of any person
    16  possessing the vehicle plates to  deliver  the  vehicle  plates  to  any
    17  police  officer who requests the same pursuant to this subdivision shall
    18  be a class A misdemeanor. The commissioner of motor vehicles shall  have
    19  the  authority  to  suspend,  revoke  or  deny a registration or renewal
    20  application to any other person for the same vehicle  and  may  suspend,
    21  revoke or deny a registration or renewal application for any other motor
    22  vehicle registered in the name of the applicant where it has been deter-
    23  mined  that  such  registrant's intent has been to evade the purposes of
    24  this subdivision and  where  the  commissioner  of  motor  vehicles  has
    25  reasonable  grounds  to  believe  that such registration or renewal will
    26  have the effect of defeating  the  purposes  of  this  subdivision.  The
    27  procedure  on  any such suspension shall be the same as in the case of a
    28  suspension under the vehicle and traffic law.  Operation  of  any  motor
    29  vehicle  while  under  suspension  as herein provided by any person with
    30  knowledge of the suspension shall constitute a class [A  misdemeanor]  E
    31  felony.   Upon making an arrest or upon issuing an appearance ticket for
    32  operating any motor vehicle while under suspension as herein provided by
    33  any person with knowledge of the suspension, or pursuant to the authori-
    34  ty of a warrant issued under article six hundred ninety of the  criminal
    35  procedure law, an officer shall remove or arrange for the removal of the
    36  vehicle  or  vehicles used in the commission of the offense to a garage,
    37  automobile pound, or  other  place  of  safety  where  it  shall  remain
    38  impounded subject to the provisions of subdivisions two through seven of
    39  section  five  hundred  eleven-b  of the vehicle and traffic law and the
    40  vehicle shall be entered into the New York statewide police  information
    41  network  as  an  impounded  vehicle and the impounding police department
    42  shall promptly notify the owner and the local authority that the vehicle
    43  has been impounded. Upon conviction as a second or  subsequent  offender
    44  as  described  herein the court may order forfeiture of any right, title
    45  or interest held by the defendant in  any  motor  vehicle  used  in  the
    46  commission of such offense.
    47    (b)  Whenever  the commissioner has reasonable grounds to believe that
    48  any person is operating in violation of this section under circumstances
    49  that endanger the health, safety, and welfare of the public, the commis-
    50  sioner may:  (i) immediately secure possession of the vehicle plates and
    51  notify the commissioner of motor vehicles to  that  effect,  or  without
    52  securing  possession  of  the  vehicle  plates,  immediately  notify the
    53  commissioner of motor vehicles to that effect, and the  commissioner  of
    54  motor vehicles shall thereupon suspend the registration or registrations
    55  of  all  motor vehicles owned or operated by such person, except private
    56  passenger automobiles, until such time as the commissioner gives  notice

        S. 1508--A                         99                         A. 2008--A
     1  that  the  violation has been satisfactorily adjusted provided, however,
     2  that the commissioner give notice and opportunity to be heard within not
     3  more than thirty days of the  suspension;  and  (ii)  after  notice  and
     4  opportunity  to  be  heard, penalize such person pursuant to subdivision
     5  three of section one hundred forty-five of this article. When the regis-
     6  tration or registrations of any motor vehicle is suspended  pursuant  to
     7  this  subdivision,  the  commissioner  of  motor vehicles may direct any
     8  police officer to secure possession of the vehicle plates and to  return
     9  the same to the commissioner of motor vehicles. Failure of the holder or
    10  of  any  person  possessing the vehicle plates to deliver to the commis-
    11  sioner or any police officer who requests  the  same  pursuant  to  this
    12  subdivision  shall  be  a class A misdemeanor. The commissioner of motor
    13  vehicles shall have the authority to suspend, revoke or deny a registra-
    14  tion or renewal application to any other person for the same vehicle and
    15  may suspend, revoke or deny a registration or  renewal  application  for
    16  any other motor vehicle registered in the name of the applicant where it
    17  has  been determined that such registrant's intent has been to evade the
    18  purposes of this subdivision and where the commissioner of  motor  vehi-
    19  cles has reasonable grounds to believe that such registration or renewal
    20  will  have  the  effect  of  defeating the purposes of this section. The
    21  procedure on any such suspension of vehicle registration  shall  be  the
    22  same  as  in the case of a suspension under the vehicle and traffic law.
    23  Operation of any motor vehicle while under suspension as herein provided
    24  by any person with knowledge of the suspension shall constitute a  class
    25  E felony. Upon making an arrest or upon issuing an appearance ticket for
    26  any  felony  violation of this subdivision, or pursuant to the authority
    27  of a warrant issued under article six hundred  ninety  of  the  criminal
    28  procedure law, an officer shall remove or arrange for the removal of the
    29  vehicle  or  vehicles used in the commission of the offense to a garage,
    30  automobile pound, or  other  place  of  safety  where  it  shall  remain
    31  impounded subject to the provisions of subdivisions two through seven of
    32  section  five  hundred  eleven-b  of the vehicle and traffic law and the
    33  vehicle shall be entered into the New York statewide police  information
    34  network  as  an  impounded  vehicle and the impounding police department
    35  shall promptly notify the owner and the local authority that the vehicle
    36  has been impounded. Upon conviction as a second or  subsequent  offender
    37  as  described  herein the court may order forfeiture of any right, title
    38  or interest held by the defendant in  any  motor  vehicle  used  in  the
    39  commission  of  such offense.   In the alternative, upon conviction as a
    40  second or subsequent offender as described herein, an action for forfei-
    41  ture may be commenced by the attorney general on behalf of  the  commis-
    42  sioner  or  the corporation counsel or designee on behalf of the city in
    43  any superior court in the county of conviction. The defendant shall have
    44  a right to a trial by jury on any issue of fact. The  plaintiff  in  the
    45  forfeiture action shall have the burden of proof by clear and convincing
    46  evidence on such issues of fact.
    47    § 2. Section 145 of the transportation law, as added by chapter 635 of
    48  the laws of 1983, subdivision 4 as amended by chapter 349 of the laws of
    49  1993, subdivision 6 as amended by chapter 444 of the laws of 1992, para-
    50  graph  (a)  of  subdivision  7  as amended by chapter 475 of the laws of
    51  1991, and subdivision 8 as added by section 6 of part C of chapter 57 of
    52  the laws of 2014, is amended to read as follows:
    53    § 145. Penalties and forfeitures for violations. 1.  (a)  Any  certif-
    54  icate  or  permit may, after a hearing, be suspended, cancelled, revoked
    55  or modified, in whole or  in  part,  for  failure  to  comply  with  the
    56  provisions  of this chapter or with any lawful rule, order or regulation

        S. 1508--A                         100                        A. 2008--A
     1  of the commissioner promulgated hereunder or with any  term,  condition,
     2  or  limitation  of  such  certificate or permit or for failure to render
     3  reasonably continuous service within the scope  of  the  certificate  or
     4  permit.
     5    (b)  Whenever  the commissioner has reasonable grounds to believe that
     6  failure to comply with the provisions of this chapter or with any lawful
     7  rule, order or regulation of the commissioner promulgated  hereunder  or
     8  with  any  term,  condition, or limitation of such certificate or permit
     9  endangers the health, safety, and welfare of the public, the commission-
    10  er may immediately suspend, cancel, revoke, or modify, in  whole  or  in
    11  part,  any  certificate  or  permit  issued  pursuant  to  this  chapter
    12  provided, however, that the commissioner shall give notice and  opportu-
    13  nity  to  be  heard  within not more than thirty days of the suspension,
    14  cancellation, revocation, or modification of the certificate or permit.
    15    2. The commissioner may upon  complaint  or  upon  the  commissioner's
    16  initiative  without  complaint  institute proceedings to revoke, cancel,
    17  suspend or modify any certificate or  permit  issued  pursuant  to  this
    18  chapter  after  a  hearing  at  which  the holder of such certificate or
    19  permit and any person making such complaint shall be given  an  opportu-
    20  nity  to be heard. Provided, however, that any order of the commissioner
    21  revoking, cancelling, suspending or modifying any certificate or  permit
    22  shall not become effective until thirty days after the serving of notice
    23  thereof  upon  the  holder  of  such  certificate  or permit, unless the
    24  commissioner determines that the continued holding of  such  certificate
    25  or  permit  for  such  period  would be contrary to the public interest.
    26  Hearings shall be held in such manner and upon such  notice  as  may  be
    27  prescribed by rules of the commissioner, but such notice shall be of not
    28  less  than  ten  days  and shall state the nature of the complaint.  The
    29  commissioner may, upon suspension, cancellation, revocation or modifica-
    30  tion, in whole or in part, of any  certificate  or  permit  pursuant  to
    31  paragraph (a) of subdivision one of this section, notify the commission-
    32  er  of motor vehicles to that effect and the commissioner of motor vehi-
    33  cles shall thereupon suspend the registration or  registrations  of  all
    34  motor  vehicles  used  in the commission of the offense or, upon suspen-
    35  sion, cancellation, revocation or modification, in whole or in part,  of
    36  any  certificate  or permit pursuant to paragraph (b) of subdivision one
    37  of this section, suspend the registration or registrations of all  motor
    38  vehicles  owned  or  operated  by  the holder of the revoked, cancelled,
    39  suspended or modified certificate or permit,  except  private  passenger
    40  automobiles,  until  such time as the commissioner gives notice that the
    41  violation has been satisfactorily adjusted. The  commissioner  of  motor
    42  vehicles may direct any police officer to secure possession of the vehi-
    43  cle plates and to return the same to the commissioner of motor vehicles.
    44  Failure  of the holder or of any person possessing the vehicle plates to
    45  deliver to any police officer who requests the  same  pursuant  to  this
    46  subdivision  shall  be a class A misdemeanor.  The commissioner of motor
    47  vehicles shall have the authority to suspend, revoke or deny a registra-
    48  tion or renewal application to any other person for the same vehicle and
    49  may suspend, revoke or deny a registration or  renewal  application  for
    50  any other motor vehicle registered in the name of the applicant where it
    51  has  been determined that such registrant's intent has been to evade the
    52  purposes of this section and where the commissioner  of  motor  vehicles
    53  has reasonable grounds to believe that such registration or renewal will
    54  have the effect of defeating the purposes of this section. The procedure
    55  on  any  such suspension of vehicle registration shall be the same as in
    56  the case of a suspension under the vehicle and traffic law. Operation of

        S. 1508--A                         101                        A. 2008--A
     1  any motor vehicle while under  suspension  as  herein  provided  by  any
     2  person with knowledge of the suspension shall constitute a class E felo-
     3  ny.   Upon making an arrest or upon issuing an appearance ticket for any
     4  felony  violation of this subdivision, or pursuant to the authority of a
     5  warrant issued under article six hundred ninety of the  criminal  proce-
     6  dure  law,  an  officer  shall  remove or arrange for the removal of the
     7  vehicle or vehicles used in the commission of the offense to  a  garage,
     8  automobile  pound,  or  other  place  of  safety  where  it shall remain
     9  impounded subject to the provisions of subdivisions two through seven of
    10  section five hundred eleven-b of the vehicle and  traffic  law  and  the
    11  vehicle  shall be entered into the New York statewide police information
    12  network as an impounded vehicle and  the  impounding  police  department
    13  shall promptly notify the owner and the local authority that the vehicle
    14  has been impounded.
    15    3.  In  addition  to,  or  in lieu of, any sanctions set forth in this
    16  section and section one hundred forty of this article, the  commissioner
    17  may,  after  [a  hearing]  notice  and opportunity to be heard, impose a
    18  penalty not to exceed a maximum of [five thousand] twenty-five  thousand
    19  dollars  [in]  for any one [proceeding] violation upon any person if the
    20  commissioner finds that such person or officer, agent or employee there-
    21  of has failed to comply with the requirements of  this  chapter  or  any
    22  rule, regulation or order of the commissioner promulgated thereunder. If
    23  such  penalty  is  not paid within [four months] thirty days, the amount
    24  thereof may be entered as a judgment in the office of the clerk  of  the
    25  county  of  Albany  and in any other county in which the person resides,
    26  has a place of business or through which  it  operates.  Thereafter,  if
    27  said judgment has not been satisfied within ninety days, any certificate
    28  or permit held by any such person may be revoked upon notice but without
    29  a  further hearing[. Provided, however, that if a person shall apply for
    30  a rehearing  of  the  determination  of  the  penalty  pursuant  to  the
    31  provisions of section eighty-nine of this chapter, judgment shall not be
    32  entered  until  a  determination  has been made on the application for a
    33  rehearing.  Further provided however, that if after a rehearing a penal-
    34  ty is imposed and such penalty is not paid within  four  months  of  the
    35  date  of  service  of the rehearing decision, the amount of such penalty
    36  may be entered as a judgment in the office of the clerk of the county of
    37  Albany and in any other county in which the person resides, has a  place
    38  of  business  or through which it operates. Thereafter, if said judgment
    39  has not been satisfied within ninety days,  any  certificate  or  permit
    40  held by any such person may be revoked upon notice but without a further
    41  hearing.]  and  the  commissioner  may  notify the commissioner of motor
    42  vehicles to that effect and the commissioner  of  motor  vehicles  shall
    43  thereupon suspend the registration or registrations of the motor vehicle
    44  or  vehicles  used  in the commission of the underlying offense, and the
    45  commissioner may direct any police officer to secure possession  of  the
    46  vehicle plates and to return the same to the commissioner of motor vehi-
    47  cles.  Failure  of  the  holder  or of any person possessing the vehicle
    48  plates to deliver to any police officer who requests the  same  pursuant
    49  to this subdivision shall be a class A misdemeanor.  The commissioner of
    50  motor  vehicles  shall  have  the authority to suspend, revoke or deny a
    51  registration or renewal application to any other  person  for  the  same
    52  vehicle and may suspend, revoke or deny a registration or renewal appli-
    53  cation  for any other motor vehicle registered in the name of the appli-
    54  cant where it has been determined that such registrant's intent has been
    55  to evade the purposes of this subdivision and where the commissioner  of
    56  motor  vehicles has reasonable grounds to believe that such registration

        S. 1508--A                         102                        A. 2008--A
     1  or renewal will have the  effect  of  defeating  the  purposes  of  this
     2  section.  The  procedure  on any such suspension of vehicle registration
     3  shall be the same as in the case of a suspension under the  vehicle  and
     4  traffic  law.  Operation  of any motor vehicle while under suspension as
     5  herein provided by any person with knowledge  of  the  suspension  shall
     6  constitute  a  class E felony.  Upon making an arrest or upon issuing an
     7  appearance ticket for operation of any motor vehicle while under suspen-
     8  sion as herein provided by any person with knowledge of the  suspension,
     9  or  pursuant  to  the  authority  of  a warrant issued under article six
    10  hundred ninety of the criminal procedure law, an officer shall remove or
    11  arrange for the removal of the vehicle or vehicles used in  the  commis-
    12  sion  of  the  offense  to a garage, automobile pound, or other place of
    13  safety where it shall remain impounded  subject  to  the  provisions  of
    14  subdivisions  two  through seven of section five hundred eleven-b of the
    15  vehicle and traffic law and the vehicle shall be entered  into  the  New
    16  York  statewide  police  information network as an impounded vehicle and
    17  the impounding police department shall promptly notify the owner and the
    18  local authority that the vehicle has been impounded.
    19    4. (a) If after notice and opportunity to be heard,  the  commissioner
    20  shall find that any person or persons is or are providing transportation
    21  subject  to regulation under this chapter without having any certificate
    22  or permit, or is or are holding themselves out to the public  by  adver-
    23  tising  or any other means to provide such transportation without having
    24  any certificate or permit or approval from a  city  having  jurisdiction
    25  pursuant  to section eighty of this chapter, the commissioner may notify
    26  the commissioner of motor vehicles to that effect and  the  commissioner
    27  of  motor vehicles shall thereupon suspend the registration or registra-
    28  tions of all motor vehicles owned or operated by such person or  persons
    29  except private passenger automobiles until such time as the commissioner
    30  [of  transportation]  may give notice that the violation has been satis-
    31  factorily adjusted.  The commissioner of motor vehicles may  direct  any
    32  police  officer to secure possession of the vehicle plates and to return
    33  the same to the commissioner of motor vehicles. Failure of the holder or
    34  of any person possessing the vehicle plates to  deliver  to  any  police
    35  officer  who  requests  the same pursuant to this subdivision shall be a
    36  class A misdemeanor. The commissioner of motor vehicles shall  have  the
    37  authority  to suspend, revoke or deny a registration or renewal applica-
    38  tion to any other person for the same vehicle and may suspend, revoke or
    39  deny a registration or renewal application for any other  motor  vehicle
    40  registered  in  the  name  of the applicant where it has been determined
    41  that such registrant's intent has been to evade  the  purposes  of  this
    42  subdivision  and where the commissioner of motor vehicles has reasonable
    43  grounds to believe that such  registration  or  renewal  will  have  the
    44  effect  of  defeating the purposes of this subdivision. The procedure on
    45  any such suspension shall be the same as in the  case  of  a  suspension
    46  under  the vehicle and traffic law. Operation of any motor vehicle while
    47  under suspension as herein provided by any person with knowledge of  the
    48  suspension  shall  constitute  a  class [A misdemeanor] E felony.   Upon
    49  making an arrest or upon issuing an appearance  ticket  for  any  felony
    50  violation of this subdivision, or pursuant to the authority of a warrant
    51  issued  under  article six hundred ninety of the criminal procedure law,
    52  an officer shall remove or arrange for the removal  of  the  vehicle  or
    53  vehicles  used  in the commission of the offense to a garage, automobile
    54  pound, or other place of safety where it shall remain impounded  subject
    55  to  the  provisions  of  subdivisions  two through seven of section five
    56  hundred eleven-b of the vehicle and traffic law and the vehicle shall be

        S. 1508--A                         103                        A. 2008--A
     1  entered into the New York statewide police  information  network  as  an
     2  impounded  vehicle  and  the impounding police department shall promptly
     3  notify the owner and the local  authority  that  the  vehicle  has  been
     4  impounded.
     5    (b)  Whenever  the commissioner has reasonable grounds to believe that
     6  any person or persons is or  are  providing  transportation  subject  to
     7  regulation  under this chapter without having any certificate or permit,
     8  or is or are holding themselves out to the public by advertising or  any
     9  other  means  to  provide such transportation without having any certif-
    10  icate or permit or approval from a city having jurisdiction pursuant  to
    11  section  eighty  of  this chapter, under circumstances that endanger the
    12  health, safety, and welfare of the public, the commissioner  may  secure
    13  possession  of vehicle plates and immediately notify the commissioner of
    14  motor vehicles to that effect or  without  securing  possession  of  the
    15  vehicle plates, immediately notify the commissioner of motor vehicles to
    16  that  effect  and  the  commissioner  of  motor vehicles shall thereupon
    17  suspend the registration or registrations of all motor vehicles owned or
    18  operated by such person or persons as described in paragraph (a) of this
    19  subdivision provided, however, that the commissioner provide the  person
    20  or  persons with notice and opportunity to be heard within not more than
    21  thirty days. When the registration of any  motor  vehicle  is  suspended
    22  pursuant  to  this  subdivision,  the commissioner of motor vehicles may
    23  direct any police officer to secure possession of the vehicle plates and
    24  return the same to the commissioner of motor vehicles.  Failure  of  the
    25  holder  or  of  any  person possessing the vehicle plates to deliver the
    26  vehicle plates to the commissioner or any police  officer  who  requests
    27  the same shall be a class A misdemeanor.
    28    5.  Any  person,  whether  carrier,  passenger, shipper, consignee, or
    29  broker, or any officer, employee, agent or representative  thereof,  who
    30  shall  knowingly offer, grant or give or solicit, accept, or receive any
    31  rebate, concession or discrimination in violation of  this  chapter,  or
    32  who  by means of any false statement or representation, or by the use of
    33  any false or fictitious bill, bill of lading,  receipt,  voucher,  roll,
    34  account,  claim,  certificate,  affidavit,  deposition, lease or bill of
    35  sale, or by any other means or device,  shall  knowingly  and  willfully
    36  assist,  suffer or permit any person or persons to obtain transportation
    37  of property or passengers subject to this  chapter  for  less  than  the
    38  applicable rate, toll or charge, or who, with respect to the transporta-
    39  tion  of  household goods, shall knowingly or willfully misrepresent the
    40  applicable rate for transportation or the weight of a  shipment  or  the
    41  cost  of transportation to the shipper, or who shall knowingly and will-
    42  fully by any such means or  otherwise  fraudulently  seek  to  evade  or
    43  defeat  regulation as provided for in this chapter, shall be guilty of a
    44  misdemeanor and upon conviction thereof be fined  not  more  than  [five
    45  hundred]  twenty-five  thousand  dollars  [for the first offense and not
    46  more than two thousand dollars for any subsequent] per offense.
    47    6. Any person who shall provide transportation for compensation within
    48  the state, or hold himself or herself out to the public  by  advertising
    49  or any other means to provide such transportation, when such transporta-
    50  tion  requires either the permission or approval of the commissioner, or
    51  the permission, approval or franchise  of  any  city  having  regulatory
    52  jurisdiction  over  such transportation and who does not possess a valid
    53  permit, certificate  or  approval  for  such  transportation,  from  the
    54  commissioner or from such city, or attempts to do so, shall be guilty of
    55  a [traffic infraction punishable by a fine of not less than five hundred
    56  and  not more than one thousand dollars for the first offense] misdemea-

        S. 1508--A                         104                        A. 2008--A
     1  nor punishable by a fine of not less than twenty-five thousand  dollars,
     2  or  by imprisonment for not more than one year, or by both such fine and
     3  imprisonment. A violation of this subdivision by a person who has previ-
     4  ously  been convicted of such offense within five years of the violation
     5  shall be a [misdemeanor and shall be punishable by a fine  of  not  less
     6  than  one  thousand and not more than twenty-five hundred dollars, or by
     7  imprisonment for not more than sixty days, or  by  both  such  fine  and
     8  imprisonment]  class  E felony.   [Upon conviction as a second or subse-
     9  quent offender as described herein the court may order forfeiture of any
    10  right, title or interest held by the defendant in any motor vehicle used
    11  in the commission of such offense pursuant to the provisions of subdivi-
    12  sion seven of this section.] Upon making an arrest or  upon  issuing  an
    13  appearance  ticket  for  any  felony  violation  of this subdivision, or
    14  pursuant to the authority of a warrant issued under article six  hundred
    15  ninety of the criminal procedure law, an officer shall remove or arrange
    16  for the removal of the vehicle or vehicles used in the commission of the
    17  offense to a garage, automobile pound, or other place of safety where it
    18  shall  remain  impounded  subject  to the provisions of subdivisions two
    19  through seven of section five hundred eleven-b of the vehicle and  traf-
    20  fic  law  and  the  vehicle shall be entered into the New York statewide
    21  police information network as an impounded vehicle  and  the  impounding
    22  police department shall promptly notify the owner and the local authori-
    23  ty  that  the vehicle has been impounded. In addition to, or in lieu of,
    24  any sanction set forth in this subdivision, the commissioner may,  after
    25  a  hearing,  impose  a  penalty equal to the gain or profit derived from
    26  transportation services conducted in violation of this subdivision.  Any
    27  person  holding  regulatory  authority  or  a  franchise from either the
    28  commissioner or any city having regulatory jurisdiction over such trans-
    29  portation, or any public transportation authority  created  pursuant  to
    30  title  nine, eleven, eleven-A, eleven-B, eleven-C or eleven-D of article
    31  five of the public authorities law, who is being adversely affected by a
    32  person providing transportation without having the necessary  regulatory
    33  authority or franchise from the commissioner or any such city, may bring
    34  suit  in  his, her or its own behalf to restrain such person and recover
    35  damages resulting from the actions of such person.
    36    7. (a) Whenever it appears that any person is violating the provisions
    37  of subdivision six of this  section,  the  commissioner  acting  by  the
    38  attorney  general,  or  the  city  acting by its corporation counsel, or
    39  designee, may bring suit against such person in any court  of  competent
    40  jurisdiction  to restrain such person from continuing such violation. In
    41  any such suit, the court shall have jurisdiction to grant to the commis-
    42  sioner or city without bond or other undertaking,  such  prohibitory  or
    43  mandatory  injunctions  as  the  facts  may warrant, including temporary
    44  restraining orders and preliminary or permanent injunctions, and to levy
    45  upon the gain or profit that may be subject to  a  penalty  pursuant  to
    46  subdivision  six  of  this  section. [In cities with a population of one
    47  million or more, the police department shall have  the  power  to  issue
    48  summonses  for  violations  of subdivision six of this section and those
    49  summonses shall be adjudicated according to the  rules  and  regulations
    50  set  forth  in article two-A of the vehicle and traffic law. The hearing
    51  officer responsible for adjudication of any violation of  such  subdivi-
    52  sion six shall review the record of any person found guilty of violating
    53  such subdivision six to determine whether or not that person has a prior
    54  conviction  under such subdivision six. After a review of the record, if
    55  it is found that there has been a prior conviction, the hearing  officer

        S. 1508--A                         105                        A. 2008--A

     1  shall refer the matter to the appropriate local criminal court for pros-
     2  ecution under this article.]
     3    (b)  [Any  person  convicted]  Upon  conviction as a [third] second or
     4  subsequent criminal offender [as described in]  under  subdivision  two,
     5  three, four, or six [shall be subject to a court order divesting him] of
     6  this  section  the  court  may  order  forfeiture of any right, title or
     7  interest held by the defendant in any motor vehicle used in the  commis-
     8  sion  of  the  offense.  [An]  In  the alternative, upon conviction as a
     9  second or subsequent criminal offender  under  subdivision  two,  three,
    10  four,  or six of this section, an action for forfeiture may be commenced
    11  by the attorney general on behalf of the commissioner or the corporation
    12  counsel or designee on behalf of the city in any superior court  in  the
    13  county  of  conviction.  The  defendant shall have a right to a trial by
    14  jury on any issue of fact. The plaintiff in the forfeiture action  shall
    15  have the burden of proof by clear and convincing evidence on such issues
    16  of fact.
    17    (c)  Any order of forfeiture issued pursuant to this subdivision shall
    18  include provisions for the disposal of the property found to  have  been
    19  forfeited.  Such provisions shall be directed to the attorney general or
    20  corporation counsel or designee as the case may be, and may include, but
    21  are not limited to, an order directing that  the  property  be  sold  in
    22  accordance  with  provisions  of article fifty-one of the civil practice
    23  law and rules. Net proceeds of the sale shall be paid into  the  general
    24  fund  of  the  state  or  city,  as  the case may be, less all costs and
    25  attendant expenses of seizure, storage and forfeiture, as the  case  may
    26  be,  which shall be paid to the office of the attorney general or corpo-
    27  ration  counsel  in  the  appropriate  case  notwithstanding  any  other
    28  provisions of law.
    29    8. All penalties charged and collected by the commissioner pursuant to
    30  this  section  shall  be  deposited  by the comptroller into the special
    31  obligation reserve and payment account  of  the  dedicated  highway  and
    32  bridge   trust  fund  established  pursuant  to  section  [eight-nine-b]
    33  eighty-nine-b of the state finance law.
    34    § 3. Subparagraph (iii) of paragraph b of subdivision 2 of section 510
    35  of the vehicle and traffic law, as amended by section 1  of  part  A  of
    36  chapter 58 of the laws of 2018, is amended to read as follows:
    37    (iii)  such  registrations shall be suspended when necessary to comply
    38  with subdivision nine of section one hundred forty or  subdivision  two,
    39  three,  or  four of section one hundred forty-five of the transportation
    40  law or with an out of service order issued by the United States  depart-
    41  ment  of  transportation.  The  commissioner shall have the authority to
    42  suspend, revoke or deny a registration or  renewal  application  to  any
    43  other  person  for  the  same  vehicle and may suspend, revoke or deny a
    44  registration or renewal application for any other motor  vehicle  regis-
    45  tered  in  the  name  of the applicant where it has been determined that
    46  such registrant's intent has been to evade the purposes of this subdivi-
    47  sion and where the commissioner has reasonable grounds to  believe  that
    48  such  registration  or  renewal  will  have  the effect of defeating the
    49  purposes of this subdivision. Any suspension  issued  pursuant  to  this
    50  subdivision  by  reason  of an out of service order issued by the United
    51  States department of transportation shall remain in  effect  until  such
    52  time  as the commissioner is notified by the United States department of
    53  transportation or the commissioner  of  transportation  that  the  order
    54  resulting in the suspension is no longer in effect.
    55    §  4.  The penal law is amended by adding a new section 170.72 to read
    56  as follows:

        S. 1508--A                         106                        A. 2008--A
     1  § 170.72 Tampering with a federal motor vehicle safety standard  certif-
     2             ication label.
     3    A  person  is  guilty of tampering with a federal motor vehicle safety
     4  standard certification label when:
     5    (1) He or she, with intent to  defraud,  knowingly  removes,  defaces,
     6  destroys, covers, alters, or otherwise changes the form or appearance of
     7  a  federal  motor  vehicle safety standard certification label issued in
     8  accordance with 49 U.S.C.S. § 30115 and regulations  promulgated  there-
     9  under; or
    10    (2) He or she, with intent to defraud, affixes a federal motor vehicle
    11  safety  standard  certification label to a vehicle, except in accordance
    12  with 49 U.S.C.S. § 30115 and regulations promulgated thereunder.
    13    (3) Upon making an arrest for any violation of this section, an  offi-
    14  cer  shall  remove or arrange for the removal of the vehicle or vehicles
    15  used in the commission of the offense to a garage, automobile pound,  or
    16  other  place  of  safety  where it shall remain impounded subject to the
    17  provisions of subdivisions two through seven  of  section  five  hundred
    18  eleven-b of the vehicle and traffic law and the vehicle shall be entered
    19  into  the  New York statewide police information network as an impounded
    20  vehicle and the impounding police department shall promptly  notify  the
    21  owner  and the local authority that the vehicle has been impounded. Upon
    22  conviction as a second or subsequent offender as  described  herein  the
    23  court  may  order forfeiture of any right, title or interest held by the
    24  defendant in any motor vehicle used in the commission of  such  offense.
    25  An  action  for  forfeiture  may be commenced by the attorney general on
    26  behalf of the commissioner of motor vehicles or the corporation  counsel
    27  or designee on behalf of the city in any superior court in the county of
    28  conviction.  The  defendant shall have a right to a trial by jury on any
    29  issue of fact. The plaintiff in the forfeiture  action  shall  have  the
    30  burden of proof by clear and convincing evidence on such issues of fact.
    31    Tampering  with  a federal motor vehicle safety standard certification
    32  label is a class D felony.
    33    § 5. The transportation law is amended by adding a new section 144  to
    34  read as follows:
    35    §  144.  Fees  and  charges. The commissioner or authorized officer or
    36  employee of the department shall charge and collect one  hundred  twenty
    37  dollars  for  the inspection or reinspection of all for-hire motor vehi-
    38  cles transporting passengers  subject  to  the  department's  inspection
    39  requirements  pursuant  to  section  one  hundred forty of this article,
    40  except such motor vehicles operated under contract with  a  municipality
    41  to  provide  statewide mass transportation operating assistance eligible
    42  service; vehicles operated under contract with a municipality or  school
    43  district  to  provide  school-related  transportation services; or motor
    44  vehicles authorized by the commissioner of health to  provide  non-emer-
    45  gency   medical   transportation   services.  The  department  may  deny
    46  inspection of any motor vehicle transporting passengers subject  to  the
    47  department's  inspection  requirements  if  such  fee is not paid within
    48  ninety days of the date noted on the department invoice.
    49    § 6. The vehicle and traffic law is amended by adding  a  new  section
    50  121-dd to read as follows:
    51    §  121-dd.  Large livery. A livery vehicle or taxi designed or used to
    52  transport at least eight but fewer than fifteen passengers, in  addition
    53  to  the  driver, irrespective of the motor vehicle registration class in
    54  which such vehicle is registered.

        S. 1508--A                         107                        A. 2008--A
     1    § 7. Paragraph b of subdivision 1 of section 401 of  the  vehicle  and
     2  traffic  law,  as amended by chapter 222 of the laws of 1996, is amended
     3  to read as follows:
     4    b.  Every  owner  of a motor vehicle which shall be operated or driven
     5  upon the public highways  of  this  state  shall,  except  as  otherwise
     6  expressly  provided, cause to be presented, by mail or otherwise, to the
     7  office or a branch office of the commissioner, or to any  agent  of  the
     8  commissioner,  constituted  as  provided in this chapter, an application
     9  for registration addressed to the commissioner, and on  a  blank  to  be
    10  prepared  under  the  direction of and furnished by the commissioner for
    11  that purpose, containing: (a) a brief description of the  motor  vehicle
    12  to be registered, including the name and factory number of such vehicle,
    13  and  such  other facts as the commissioner shall require; (b) the weight
    14  of the vehicle upon which the registration fee is based if  the  fee  is
    15  based  on  weight;  (c)  the name and residence, including county of the
    16  owner of such motor vehicle; (d) provided that, if such motor vehicle is
    17  used or to be used as an omnibus, the applicant also shall  so  certify,
    18  and  in  the case of an omnibus also certify as to the seating capacity,
    19  and if the omnibus is to be operated wholly within a municipality pursu-
    20  ant to a franchise other than a franchise express or implied in articles
    21  of incorporation upon certain  streets  designated  in  such  franchise,
    22  those  facts shall also be certified, and a certified copy of such fran-
    23  chise furnished to the commissioner; and (e) [provided,  that,  if  such
    24  motor  vehicle  is  an  altered livery, the applicant shall so furnish a
    25  certified copy of the length  of  the  center  panel  of  such  vehicle,
    26  provided, however, that the commissioner shall require such proof, as he
    27  may  determine  is  necessary,  in  the application for registration and
    28  provided further, if the  center  panel  of  such  vehicle  exceeds  one
    29  hundred  inches,  the commissioner shall require proof that such vehicle
    30  is in compliance with all applicable federal  and  state  motor  vehicle
    31  safety  standards;  and  (f)]  such  additional facts or evidence as the
    32  commissioner may require in connection with the application  for  regis-
    33  tration.  Every  owner  of a trailer shall also make application for the
    34  registration thereof in the manner herein provided for an application to
    35  register a motor vehicle, but shall  contain  a  statement  showing  the
    36  manufacturer's  number  or  other  identification  satisfactory  to  the
    37  commissioner and  no  number  plate  for  a  trailer  issued  under  the
    38  provisions  of  subdivision  three  of  section four hundred two of this
    39  [chapter] article shall be transferred to or used upon any other trailer
    40  than the one for which number plate is issued.  The  commissioner  shall
    41  require  proof,  in  the  application for registration, or otherwise, as
    42  such commissioner may determine, that the motor vehicle for which regis-
    43  tration is applied  for  is  equipped  with  lights  conforming  in  all
    44  respects to the requirements of this chapter, and no motor vehicle shall
    45  be  registered  unless  it  shall  appear by such proofs that such motor
    46  vehicle is equipped with proper lights as aforesaid. The  said  applica-
    47  tion  shall  contain or be accompanied by such evidence of the ownership
    48  of the motor vehicle described in the application as may be required  by
    49  the  commissioner  or his agent and which, with respect to new vehicles,
    50  shall include, unless otherwise specifically provided by the commission-
    51  er, the manufacturer's statement of origin. Applications received by  an
    52  agent  of  the commissioner shall be forwarded to the commissioner as he
    53  shall direct for  filing.  No  application  for  registration  shall  be
    54  accepted unless the applicant is at least sixteen years of age.
    55    §  8.  Section 401 of the vehicle and traffic law is amended by adding
    56  two new subdivisions 22 and 23 to read as follows:

        S. 1508--A                         108                        A. 2008--A
     1    22. The commissioner shall not register any motor vehicle  that  fails
     2  to comply, as demonstrated to the satisfaction of the commissioner, with
     3  the certification requirements established by 49 C.F.R. Part 567.
     4    23.  The  commissioner  shall  revoke  the registration of any altered
     5  vehicle not in compliance with 49 C.F.R Part 567, as determined  by  the
     6  commissioner, and refund to or credit the account of any person who paid
     7  a  registration  fee for an altered vehicle, the pro rata unused portion
     8  of such registration fee.
     9    § 9. The vehicle and traffic law is amended by adding  a  new  section
    10  308-a to read as follows:
    11    §  308-a.  Mandatory  reporting. If any motor vehicle is presented for
    12  inspection at a licensed official inspection station, and  such  vehicle
    13  has  been  altered,  a vehicle commonly referred to as a "stretch limou-
    14  sine", so as to  add  seating  capacity  beyond  that  provided  by  the
    15  original  manufacturer  by  way of an extended chassis, lengthened wheel
    16  base, or an elongated seating area, and in the case of a truck, has been
    17  modified to transport  passengers,  such  licensed  official  inspection
    18  station  shall  refuse  inspection  for such vehicle and promptly report
    19  such vehicle to the commissioner in the form and  manner  prescribed  by
    20  the commissioner.
    21    §  10. Section 306 of the vehicle and traffic law is amended by adding
    22  a new subdivision (g) to read as follows:
    23    (g) Any person who shall issue a certificate  of  inspection  provided
    24  for  in  this  article  for  a  motor vehicle that is required to obtain
    25  approval to operate in the state as a  common  or  contract  carrier  of
    26  passengers  by  motor  vehicle  from  the commissioner of transportation
    27  shall be guilty of a misdemeanor.
    28    § 11. Subparagraph (iv) of paragraph (b) of subdivision 2  of  section
    29  501 of the vehicle and traffic law, as amended by section 4 of part E of
    30  chapter 58 of the laws of 2016, is amended to read as follows:
    31    (iv)  P  endorsement. Shall be required to operate a bus as defined in
    32  sections one hundred four and five hundred nine-a of this chapter, or  a
    33  large  livery  as  defined  in section one hundred twenty-one-dd of this
    34  chapter, or any motor vehicle with a gross vehicle weight or gross vehi-
    35  cle weight rating of more  than  twenty-six  thousand  pounds  which  is
    36  designed  to  transport passengers in commerce. For the purposes of this
    37  subparagraph the gross vehicle weight of a vehicle shall mean the actual
    38  weight of the vehicle and the load.
    39    § 12. Subparagraph (iv) of paragraph (a) of subdivision 4  of  section
    40  501-a of the vehicle traffic law, as added by chapter 173 of the laws of
    41  1990, is amended to read as follows:
    42    (iv)  defined  as  a  bus  in  subdivision one of section five hundred
    43  nine-a of this chapter, or as a large  livery  in  section  one  hundred
    44  twenty-one-dd of this chapter; or
    45    §  13.  The vehicle and traffic law is amended by adding a new section
    46  1161-a to read as follows:
    47    § 1161-a. U-turns by certain motor vehicles prohibited.  (1)  Notwith-
    48  standing  any  other provision of law, no U-turn shall be performed by a
    49  vehicle having an overall length of eighteen feet  or  more,  a  bus  as
    50  defined  in  section one hundred four of this chapter, or a large livery
    51  as defined in section one hundred twenty-one-dd of this chapter.
    52    (2) The provisions of this section shall apply  upon  public  highways
    53  and  privately  owned  roads open to motor vehicle traffic. In addition,
    54  the provisions of this section shall apply irrespective of: (a)  whether
    55  the  bus  or  large livery is carrying any passengers; and (b) the motor

        S. 1508--A                         109                        A. 2008--A
     1  vehicle registration class in which the bus or large  livery  is  regis-
     2  tered.
     3    (3)  Any  violation of the provisions of this section which results in
     4  serious physical injury as defined in section 10.00 of  the  penal  law,
     5  shall  be  a  class A misdemeanor, punishable by a fine of not less than
     6  five hundred dollars nor more than one thousand dollars in  addition  to
     7  any other penalties provided by law. Any violation of this section which
     8  results  in  death shall be a class E felony punishable by a fine of not
     9  less than one thousand dollars nor more than five  thousand  dollars  in
    10  addition to any other penalties provided by law.
    11    §  14.  Paragraph  (a)  of  subdivision 4 and subdivision 9 of section
    12  1229-c of the vehicle and traffic law, paragraph (a) of subdivision 4 as
    13  amended by chapter 448 of the laws of 2015 and subdivision 9 as  amended
    14  by chapter 340 of the laws of 2017, are amended to read as follows:
    15    (a)  "motor  vehicle"  shall  include  all  motor  vehicles  which are
    16  required by section three hundred eighty-three of this chapter or  regu-
    17  lation or would be required if such motor vehicle were registered in New
    18  York  state  to be equipped by a safety belt but shall not include those
    19  vehicles which are [used as school buses, as such  term  is  defined  in
    20  section  one  hundred forty-two of this chapter and those vehicles which
    21  are] authorized emergency vehicles, as such term is defined  in  section
    22  one hundred one of this chapter, provided, however, that for purposes of
    23  this  section,  "motor  vehicle"  shall also include fire vehicles owned
    24  and/or operated by a fire company  as  defined  by  subdivision  two  of
    25  section  one  hundred  of the general municipal law and ambulances owned
    26  and/or operated by a voluntary ambulance service as defined by  subdivi-
    27  sion three of section one hundred of the general municipal law;
    28    [9.  Notwithstanding  the  provisions  of  subdivision  four  of  this
    29  section, the provisions of this section shall not apply to  buses  other
    30  than school buses and the provisions of subdivisions one, two, three and
    31  three-a of this section shall not apply to taxis and liveries.]
    32    §  15. Subdivision 7 of section 510 of the vehicle and traffic law, as
    33  amended by section 5 of part K of chapter 59 of the  laws  of  2010,  is
    34  amended to read as follows:
    35    7.  Miscellaneous  provisions.  Except  as expressly provided, a court
    36  conviction shall not be necessary to sustain a revocation or suspension.
    37  Revocation or suspension hereunder shall be deemed an administrative act
    38  reviewable by the supreme court as such. Notice of revocation or suspen-
    39  sion, as well as any required notice of hearing, where the holder is not
    40  present, may be given by mailing the same in writing to him  or  her  at
    41  the address contained in his or her license, certificate of registration
    42  or  at the current address provided by the United States postal service,
    43  as the case may be. Proof of such mailing by certified mail to the hold-
    44  er shall be presumptive evidence of  the  holder's  receipt  and  actual
    45  knowledge  of  such  notice. Attendance of witnesses may be compelled by
    46  subpoena. Failure of the holder  or  any  other  person  possessing  the
    47  license  card or number plates, to deliver the same to the suspending or
    48  revoking officer is a misdemeanor. Suspending or revoking officers shall
    49  place such license cards and number plates in the custody of the commis-
    50  sioner except where the commissioner shall  otherwise  direct.  [If  any
    51  person shall fail to deliver a license card or number plates as provided
    52  herein,  any]  Any  police  officer,  bridge  and  tunnel officer of the
    53  Triborough bridge and tunnel authority, the  commissioner,  the  commis-
    54  sioner of transportation or agent of [the commissioner] such commission-
    55  ers  having  knowledge  of  such  facts  shall  have the power to secure
    56  possession thereof and return the same to  the  commissioner[,  and  the

        S. 1508--A                         110                        A. 2008--A

     1  commissioner  may forthwith direct any police officer, bridge and tunnel
     2  officer of the Triborough bridge and tunnel authority,  acting  pursuant
     3  to  his  or  her  special duties, or agent of the commissioner to secure
     4  possession thereof and to return the same to the commissioner].  Failure
     5  of  the  holder  or  of any person possessing the license card or number
     6  plates to deliver to any police officer, bridge and  tunnel  officer  of
     7  the Triborough bridge and tunnel authority, or agent of the commissioner
     8  of  transportation,  or  agent of the commissioner who requests the same
     9  pursuant to this subdivision shall be a misdemeanor. [Notice of  revoca-
    10  tion  or  suspension of any license or registration shall be transmitted
    11  forthwith by the commissioner to the chief of  police  of  the  city  or
    12  prosecuting officer of the locality in which the person whose license or
    13  registration  so  revoked  or suspended resides.] In case any license or
    14  registration shall expire before the end of any period for which it  has
    15  been  revoked  or  suspended,  and before it shall have been restored as
    16  provided in this chapter, then and in that event any renewal thereof may
    17  be withheld until the end of such period of suspension or until restora-
    18  tion, as the case may be.
    19    The revocation of a learner's permit shall  automatically  cancel  the
    20  application for a license of the holder of such permit.
    21    No suspension or revocation of a license or registration shall be made
    22  because  of a judgment of conviction if the suspending or revoking offi-
    23  cer is satisfied that the magistrate who pronounced the judgment  failed
    24  to comply with subdivision one of section eighteen hundred seven of this
    25  chapter.  In  case  a  suspension  or  revocation  has been made and the
    26  commissioner is satisfied that there was such failure, the  commissioner
    27  shall restore the license or registration or both as the case may be.
    28    §16.  Subdivision  3 of section 1229-c of the vehicle and traffic law,
    29  as added by chapter 365 of the laws of  1984,  is  amended  to  read  as
    30  follows:
    31    3.  No  person  shall  operate  a  motor vehicle unless such person is
    32  restrained by a safety belt approved  by  the  commissioner.  No  person
    33  sixteen years of age or over shall be a passenger in [the front seat of]
    34  a  motor  vehicle  unless  such  person  is  restrained by a safety belt
    35  approved by the commissioner.
    36    §17. Section 3635-a of the education law, as added by chapter  747  of
    37  the laws of 1986, is repealed.
    38    §  18.  This  act  shall  take  effect immediately; provided, however,
    39  section five of this act shall take effect October 1, 2019; and provided
    40  further, however, that sections eleven and twelve of this act shall take
    41  effect on the ninetieth day after they shall have become a law.
    42                                   PART U
    43    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    44  laws  of  2019  to  the  department  of agriculture and markets from the
    45  special  revenue  funds-other/state  operations,  miscellaneous  special
    46  revenue  fund-339,  public  service  account  shall  be  subject  to the
    47  provisions of this section. Notwithstanding any other provision  of  law
    48  to the contrary, direct and indirect expenses relating to the department
    49  of   agriculture   and  markets'  participation  in  general  ratemaking
    50  proceedings pursuant to section 65 of the public service law or  certif-
    51  ication  proceedings  pursuant  to article 7 or 10 of the public service
    52  law, shall be deemed expenses of the department of public service within
    53  the meaning of section 18-a of the public service  law.  No  later  than
    54  August  15,  2020, the commissioner of the department of agriculture and

        S. 1508--A                         111                        A. 2008--A
     1  markets shall submit an accounting of such expenses, including, but  not
     2  limited  to,  expenses  in the 2019--2020 state fiscal year for personal
     3  and non-personal services and fringe  benefits,  to  the  chair  of  the
     4  public  service  commission  for  the  chair's  review  pursuant  to the
     5  provisions of section 18-a of the public service law.    No  later  than
     6  August  15,  2021, the commissioner of the department of agriculture and
     7  markets shall submit an accounting of such expenses, including, but  not
     8  limited  to,  expenses  in the 2020--2021 state fiscal year for personal
     9  and non-personal services and fringe  benefits,  to  the  chair  of  the
    10  public  service  commission  for  the  chair's  review  pursuant  to the
    11  provisions of section 18-a of the public service law.
    12    § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
    13  2019  to  the  department  of  state  from  the  special  revenue funds-
    14  other/state operations, miscellaneous special revenue  fund-339,  public
    15  service  account  shall  be  subject  to the provisions of this section.
    16  Notwithstanding any other provision of law to the contrary,  direct  and
    17  indirect  expenses  relating  to  the  activities  of  the department of
    18  state's utility intervention unit pursuant to subdivision 4  of  section
    19  94-a  of  the executive law, including, but not limited to participation
    20  in general ratemaking proceedings pursuant to section 65 of  the  public
    21  service  law or certification proceedings pursuant to article 7 or 10 of
    22  the public service law, shall be deemed expenses of  the  department  of
    23  public  service within the meaning of section 18-a of the public service
    24  law.  No later than August 15, 2020, the secretary of state shall submit
    25  an accounting of such expenses, including, but not limited to,  expenses
    26  in  the  2019--2020  state  fiscal  year  for  personal and non-personal
    27  services and fringe benefits, to the chair of the public service commis-
    28  sion for the chair's review pursuant to the provisions of  section  18-a
    29  of the public service law.  No later than August 15, 2021, the secretary
    30  of state shall submit an accounting of such expenses, including, but not
    31  limited  to,  expenses  in the 2020--2021 state fiscal year for personal
    32  and non-personal services and fringe  benefits,  to  the  chair  of  the
    33  public  service  commission  for  the  chair's  review  pursuant  to the
    34  provisions of section 18-a of the public service law.
    35    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    36  2019  to  the office of parks, recreation and historic preservation from
    37  the special revenue funds-other/state operations, miscellaneous  special
    38  revenue  fund-339,  public  service  account  shall  be  subject  to the
    39  provisions of this section. Notwithstanding any other provision  of  law
    40  to  the contrary, direct and indirect expenses relating to the office of
    41  parks, recreation and historic preservation's participation  in  general
    42  ratemaking  proceedings pursuant to section 65 of the public service law
    43  or certification proceedings pursuant to article 7 or 10 of  the  public
    44  service  law,  shall  be  deemed  expenses  of  the department of public
    45  service within the meaning of section 18-a of the public service law. No
    46  later than August 15, 2020, the commissioner of  the  office  of  parks,
    47  recreation  and historic preservation shall submit an accounting of such
    48  expenses, including, but not limited  to,  expenses  in  the  2019--2020
    49  state  fiscal  year  for  personal  and non-personal services and fringe
    50  benefits, to the chair of the public service commission for the  chair's
    51  review  pursuant to the provisions of section 18-a of the public service
    52  law.  No later than August 15, 2021, the commissioner of the  office  of
    53  parks,  recreation  and historic preservation shall submit an accounting
    54  of such expenses,  including,  but  not  limited  to,  expenses  in  the
    55  2020--2021  state fiscal year for personal and non-personal services and
    56  fringe benefits, to the chair of the public service commission  for  the

        S. 1508--A                         112                        A. 2008--A
     1  chair's  review pursuant to the provisions of section 18-a of the public
     2  service law.
     3    §  4.  Expenditures of moneys appropriated in a chapter of the laws of
     4  2019 to the department of environmental conservation  from  the  special
     5  revenue funds-other/state operations, environmental conservation special
     6  revenue  fund-301,  utility  environmental  regulation  account shall be
     7  subject to the provisions of this  section.  Notwithstanding  any  other
     8  provision  of law to the contrary, direct and indirect expenses relating
     9  to the department of environmental conservation's participation in state
    10  energy policy proceedings,  or  certification  proceedings  pursuant  to
    11  article  7  or 10 of the public service law, shall be deemed expenses of
    12  the department of public service within the meaning of section  18-a  of
    13  the  public service law. No later than August 15, 2020, the commissioner
    14  of the department of environmental conservation shall submit an account-
    15  ing of such expenses, including, but not limited  to,  expenses  in  the
    16  2019--2020  state fiscal year for personal and non-personal services and
    17  fringe benefits, to the chair of the public service commission  for  the
    18  chair's  review pursuant to the provisions of section 18-a of the public
    19  service law.  No later than August 15, 2021,  the  commissioner  of  the
    20  department  of  environmental conservation shall submit an accounting of
    21  such expenses, including, but not limited to, expenses in the 2020--2021
    22  state fiscal year for personal  and  non-personal  services  and  fringe
    23  benefits,  to the chair of the public service commission for the chair's
    24  review pursuant to the provisions of section 18-a of the public  service
    25  law.
    26    §  5.  Funding  for  services  and expenses of the electric generation
    27  facility cessation mitigation fund for state fiscal year 2019--2020, and
    28  for  each  state  fiscal  year  thereafter,  shall  be  subject  to  the
    29  provisions  of  this section. Notwithstanding any other provision of law
    30  to the contrary, funding provided to the  electric  generation  facility
    31  cessation  mitigation  fund administered by the urban development corpo-
    32  ration for payment to eligible municipalities shall be  deemed  expenses
    33  of  the  department of public service within the meaning of section 18-a
    34  of the public service law. For the 2019--2020 state fiscal year, and for
    35  each state fiscal year thereafter, the  electric  businesses  of  public
    36  utilities  subject  to  the  commission's regulation, other than munici-
    37  palities, shall pay a total amount not  to  exceed  $10,000,000  to  the
    38  urban  development  corporation  for  deposit to the electric generation
    39  facility cessation mitigation fund. The bill to each such public utility
    40  shall be $10,000,000 multiplied by the proportion  which  compares:  (1)
    41  the  gross  operating  revenues,  over  and  above five hundred thousand
    42  dollars, for the electric business of such public utility  derived  from
    43  intrastate  utility  operations  in the last preceding calendar year, or
    44  other twelve month period as determined by the  chairman,  to:  (2)  the
    45  total  of  the gross operating revenues, derived from intrastate utility
    46  operations for the electric businesses of all such public  utilities  in
    47  the  state.  No  later  than August 15, 2020, and August 15 of each year
    48  thereafter, the chair of the public service commission  will  review  an
    49  accounting of the electric generation facility cessation mitigation fund
    50  pursuant to provisions of section 18-a of the public service law.
    51    §  6. Notwithstanding any other law, rule or regulation to the contra-
    52  ry, expenses of  the  department  of  health  public  service  education
    53  program  incurred  pursuant  to appropriations from the cable television
    54  account of the state miscellaneous special revenue funds shall be deemed
    55  expenses of the department of public service. No later than  August  15,
    56  2020,  the  commissioner  of  the  department  of health shall submit an

        S. 1508--A                         113                        A. 2008--A
     1  accounting of expenses in the 2019--2020 state fiscal year to the  chair
     2  of  the public service commission for the chair's review pursuant to the
     3  provisions of section 217 of the public service  law.    No  later  than
     4  August  15,  2021,  the  commissioner  of the department of health shall
     5  submit an accounting of such expenses, including, but  not  limited  to,
     6  expenses  in  the 2020--2021 state fiscal year for personal and non-per-
     7  sonal services and fringe benefits, to the chair of the  public  service
     8  commission  for the chair's review pursuant to the provisions of section
     9  18-a of the public service law.
    10    § 7. Any expense deemed to be expenses of  the  department  of  public
    11  service  pursuant  to sections one through five of this act shall not be
    12  recovered through assessments imposed  upon  telephone  corporations  as
    13  defined in subdivision 17 of section 2 of the public service law.
    14    §  8.  This  act  shall take effect immediately and shall be deemed to
    15  have been in full force and effect  on  and  after  April  1,  2019  and
    16  sections one, two, three, four and six shall be deemed repealed April 1,
    17  2021.
    18                                   PART V
    19    Section  1.  The  state finance law is amended by adding a new section
    20  169 to read as follows:
    21    § 169. Net neutrality. 1. As used herein, "net neutrality" shall  mean
    22  that  an  internet  service provider will not block, throttle, or prior-
    23  itize internet content or applications or require  that  end  users  pay
    24  different  or higher rates to access specific types of content or appli-
    25  cations.
    26    2. Each state agency shall enter into contracts with only those inter-
    27  net service providers that adhere to  net  neutrality  principles.  Each
    28  contract  for internet services provided to a state agency shall specif-
    29  ically state that the internet service provider  may  not  block  lawful
    30  content,  applications,  services,  non-harmful devices, or applications
    31  that compete with  other  services  provided  by  the  internet  service
    32  provider.    Any  contract  or  contract renewal entered into by a state
    33  agency shall include a binding agreement consistent with  the  foregoing
    34  provisions,  and  no  state  agency  shall enter into a contract with an
    35  internet service provider, an agent therefor, or other  entity  offering
    36  to  or  procuring on behalf of the state agency internet services unless
    37  the contract contains such a binding agreement.
    38    § 2. Subdivision 9 of section 160 of the state finance law, as amended
    39  by chapter 106 of the laws of 2012, is amended to read as follows:
    40    9. "State agency" or "state agencies"  means  all  state  departments,
    41  boards,  commissions, offices or institutions but excludes, however, for
    42  the purposes of subdivision five of section three hundred fifty-five  of
    43  the  education  law,  the state university of New York and excludes, for
    44  the purposes of subdivision a of section sixty-two hundred  eighteen  of
    45  the  education  law, the city university of New York; provided, however,
    46  that the state university of New York and the  city  university  of  New
    47  York  shall  be  subject to the provisions of section one hundred sixty-
    48  five-a and section one hundred sixty-nine of this article.  Furthermore,
    49  such term shall not include the legislature or the judiciary.
    50    §  3.  The  public  authorities law is amended by adding a new section
    51  2878-c to read as follows:
    52    § 2878-c. Net neutrality. 1. As used herein,  "net  neutrality"  shall
    53  mean  that  an  internet  service  provider will not block, throttle, or
    54  prioritize internet content or applications or require  that  end  users

        S. 1508--A                         114                        A. 2008--A
     1  pay  different  or  higher  rates to access specific types of content or
     2  applications.
     3    2.  Each  state  authority  shall enter into contracts with only those
     4  internet service providers that adhere  to  net  neutrality  principles.
     5  Each  contract for internet services provided to a state authority shall
     6  specifically state that the internet  service  provider  may  not  block
     7  lawful content, applications, services, non-harmful devices, or applica-
     8  tions  that compete with other services provided by the internet service
     9  provider. Any contract or contract  renewal  entered  into  by  a  state
    10  authority  shall include a binding agreement consistent with the forego-
    11  ing provisions, and no state authority shall enter into a contract  with
    12  an  internet service provider, an agent therefor, or other entity offer-
    13  ing to or procuring on behalf of the state authority  internet  services
    14  unless the contract contains such a binding agreement.
    15    § 4. This act shall take effect immediately.
    16                                   PART W
    17    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    18  research and development authority for  services  and  expenses  of  the
    19  energy   research,  development  and  demonstration  program,  including
    20  grants, the energy policy and planning program, the zero emissions vehi-
    21  cle and electric vehicle rebate program, and the Fuel NY  program  shall
    22  be  subject  to  the  provisions  of  this  section. Notwithstanding the
    23  provisions of subdivision 4-a of section 18-a of the public service law,
    24  all moneys committed or expended in an amount not to exceed  $19,700,000
    25  shall  be  reimbursed by assessment against gas corporations, as defined
    26  in subdivision 11 of section 2 of the public service  law  and  electric
    27  corporations  as  defined  in  subdivision 13 of section 2 of the public
    28  service law, where such gas corporations and electric corporations  have
    29  gross  revenues from intrastate utility operations in excess of $500,000
    30  in the preceding calendar year,  and  the  total  amount  which  may  be
    31  charged  to  any  gas corporation and any electric corporation shall not
    32  exceed one cent per one thousand cubic feet of gas sold  and  .010  cent
    33  per  kilowatt-hour  of  electricity  sold  by such corporations in their
    34  intrastate utility operations in calendar year 2017. Such amounts  shall
    35  be  excluded  from the general assessment provisions of subdivision 2 of
    36  section 18-a of the public service law. The chair of the public  service
    37  commission  shall  bill  such  gas and/or electric corporations for such
    38  amounts on or before August 10, 2019 and such amounts shall be  paid  to
    39  the  New  York  state  energy  research  and development authority on or
    40  before September 10, 2019. Upon  receipt,  the  New  York  state  energy
    41  research and development authority shall deposit such funds in the ener-
    42  gy  research  and  development  operating  fund  established pursuant to
    43  section 1859 of the public authorities law. The New  York  state  energy
    44  research  and  development  authority is authorized and directed to: (1)
    45  transfer $1 million to the state general fund for services and  expenses
    46  of  the  department of environmental conservation, $150,000 to the state
    47  general fund for services and expenses of the department of  agriculture
    48  and  markets, and $825,000 to the University of Rochester laboratory for
    49  laser energetics from the funds received; and (2)  commencing  in  2016,
    50  provide  to  the chair of the public service commission and the director
    51  of the budget and the chairs and secretaries of the  legislative  fiscal
    52  committees,  on or before August first of each year, an itemized record,
    53  certified by the president and chief executive officer of the authority,
    54  or his or her designee, detailing any and all expenditures  and  commit-

        S. 1508--A                         115                        A. 2008--A
     1  ments  ascribable  to  moneys received as a result of this assessment by
     2  the chair of the department of public service pursuant to  section  18-a
     3  of  the public service law.  This itemized record shall include an item-
     4  ized  breakdown  of  the  programs  being funded by this section and the
     5  amount committed to each program.  The authority shall  not  commit  for
     6  any  expenditure, any moneys derived from the assessment provided for in
     7  this section, until the chair of such authority  shall  have  submitted,
     8  and  the  director  of  the  budget shall have approved, a comprehensive
     9  financial plan encompassing all moneys available to and all  anticipated
    10  commitments  and  expenditures by such authority from any source for the
    11  operations of such authority.   Copies  of  the  approved  comprehensive
    12  financial plan shall be immediately submitted by the chair to the chairs
    13  and  secretaries  of the legislative fiscal committees.  Any such amount
    14  not committed by such authority to contracts or contracts to be  awarded
    15  or  otherwise  expended by the authority during the fiscal year shall be
    16  refunded by such authority on a pro-rata basis to such gas and/or  elec-
    17  tric  corporations,  in  a  manner to be determined by the department of
    18  public service, and any refund amounts must be explicitly lined  out  in
    19  the itemized record described above.
    20    §  2.  This  act  shall take effect immediately and shall be deemed to
    21  have been in full force and effect on and after April 1, 2019.
    22                                   PART X
    23    Section 1. Short title. This act shall be known and may  be  cited  as
    24  the "climate leadership act".
    25    § 2. Legislative findings. The legislature finds and declares that:
    26    1.  New York state is on the front lines of the battle against climate
    27  change, recognizing the moral imperative for this generation to  protect
    28  the next.
    29    2.  New  York  state  has  already  experienced firsthand the damaging
    30  consequences of a changing climate along with the  economic  impacts  of
    31  increasingly frequent and violent weather.
    32    3.  New  York  state  accepts  its responsibility to lead the fight to
    33  address climate change, and as the world's thirteenth  largest  economy,
    34  embraces this responsibility and the need for greater climate action and
    35  leadership.
    36    4. New York state accepts the findings of the United Nations Intergov-
    37  ernmental  Panel  on  Climate  Change  and  the international scientific
    38  community that global temperature must  not  increase  by  more  than  2
    39  degrees  Celsius  above  preindustrial levels in order to avert the most
    40  damaging effects of a changing climate.
    41    5. New York state  is  mindful  of  the  federal  government's  fourth
    42  National  Climate  Assessment,  which predicts that if significant steps
    43  are not taken, the damage from climate change will reduce  the  size  of
    44  the  U.S.  economy  by  century's  end as a result of severe weather and
    45  natural disasters.
    46    6. New York state is a national and international leader in addressing
    47  climate change and has adopted ambitious  policies  and  initiatives  to
    48  dramatically  reduce  greenhouse  gas  emissions,  including a target to
    49  reduce greenhouse gas emissions by 40% from 1990 levels by 2030, and 80%
    50  from 1990 levels by 2050.
    51    7. New York state is a founding participant in the U.S. Climate  Alli-
    52  ance,  Regional  Greenhouse  Gas Initiative, and Zero Emissions Vehicles
    53  Initiative.

        S. 1508--A                         116                        A. 2008--A
     1    8. New York state's Reforming the Energy Vision is a nationally recog-
     2  nized initiative to fundamentally transform the state's  energy  economy
     3  into one that is increasingly clean, resilient and affordable.
     4    9.  New  York  state's  Clean  Energy  Standard  was  one of the first
     5  programs in the nation to mandate that  50%  of  electricity  come  from
     6  renewable energy sources by 2030.
     7    10.  New York state's offshore wind, solar, energy storage, and energy
     8  efficiency targets and programs are leading the nation in propelling the
     9  rapid growth of clean energy industries across the state.
    10    11. New York state is committed to achieving carbon neutrality as soon
    11  as practicable and to ensuring that the transition to a  carbon  neutral
    12  economy is equitable for all New Yorkers and a transitioning workforce.
    13    12.  New  York  state acknowledges that worsening climate impacts will
    14  disproportionately affect low-income and disadvantaged communities,  and
    15  is  committed  to making systemic changes to address the unequal impacts
    16  of negative environmental burdens on distressed communities and  sharing
    17  the  burdens  and  benefits  of  addressing climate change equitably and
    18  fairly.
    19    13. New York state is committed to ensuring that by the year 2040  one
    20  hundred  percent  of its electricity is generated by clean sources, that
    21  by 2030 seventy percent of its electricity  is  generated  by  renewable
    22  sources and that the state is on a path to becoming carbon neutral econ-
    23  omy-wide as soon as practicable.
    24    §  3.  The energy law is amended by adding a new section 6-105 to read
    25  as follows:
    26    § 6-105. Climate action  council  and  roadmap  for  statewide  carbon
    27  neutrality. 1. It is hereby established as state policy that, as soon as
    28  practicable,  the  state  must sequester or offset a greater quantity of
    29  atmospheric greenhouse gases than are emitted within the state, and that
    30  in the consideration of carbon neutrality,  the  state  must  take  into
    31  account  both atmospheric carbon and greenhouse gas emissions as well as
    32  offsets from the local sequestration of atmospheric  carbon  and  green-
    33  house gases through long-term sinks and reservoirs.
    34    2.  In furtherance of state policy provided in subdivision one of this
    35  section, there is hereby established a  climate  action  council,  which
    36  shall consist of the following members or their designees:
    37    (a)  the commissioner of the state department of environmental conser-
    38  vation;
    39    (b) the president of the energy research and development authority;
    40    (c) the chair of the public service commission;
    41    (d) the commissioner of labor of the state of New York;
    42    (e) the commissioner of the state department of transportation;
    43    (f) the commissioner of agriculture and markets;
    44    (g) one representative of clean energy associations;
    45    (h) one member of an organization dedicated to  environmental  justice
    46  issues;
    47    (i) one representative of labor organizations; and
    48    (j) any others as may be necessary to carry out the duties and respon-
    49  sibilities under this section.
    50    The  members  specified  in  paragraphs  (g), (h), (i) and (j) of this
    51  subdivision shall be promptly appointed by the governor, each for a term
    52  of two years, provided that  such  person's  membership  shall  continue
    53  after  such  two  year  term  if  reappointed  or  until  a successor is
    54  appointed.
    55    3. The climate action council will be co-chaired by the  commissioners
    56  of the department of environmental conservation and the president of the

        S. 1508--A                         117                        A. 2008--A
     1  energy  research and development authority. It shall meet as often as is
     2  necessary, but no less than three times  per  year,  and  under  circum-
     3  stances  as are appropriate to fulfilling its duties under this section.
     4  All  members shall be provided with written notice reasonably in advance
     5  of each meeting with date, time and location of such meeting.
     6    4. The climate action council shall develop a roadmap  of  recommenda-
     7  tions for attaining the statewide greenhouse gas emission goals of forty
     8  percent  reduction  from  1990  levels by two thousand thirty and carbon
     9  neutrality in all sectors of the economy which shall  inform  the  state
    10  energy  planning council's adoption of a state energy plan in accordance
    11  with section 6-104 of this article.   To accommodate  the  work  of  the
    12  climate action council, the state energy planning council shall complete
    13  the next state energy plan required by this article no later than Decem-
    14  ber thirty-first, two thousand twenty.
    15    5.  The  roadmap  required  by  subdivision four of this section shall
    16  identify and make recommendations on regulatory measures,  clean  energy
    17  programs,  and  other  state  actions  and policies that will ensure the
    18  attainment of statewide emission reduction and carbon neutrality  goals.
    19  In  developing  the roadmap required by subdivision four of this section
    20  the council shall:
    21    (a) recognize the global nature of anthropogenic  climate  change  and
    22  prioritize  regional,  multistate  and  international  collaboration and
    23  action to deliver maximum impact;
    24    (b) engage the states in the U.S.  Climate  Alliance  on  pathways  to
    25  achieving  a  proportional  share  of the United Nations Paris Agreement
    26  objective to keep global  anthropogenic  temperature  increase  to  well
    27  below  2  degrees  Celsius  while  striving to limit the increase to 1.5
    28  degrees Celsius;
    29    (c) explore with U.S. Climate Alliance  states  regional  market-based
    30  programs  and  initiatives that can deliver environmental sustainability
    31  and carbon neutrality in support of the Paris Agreement;
    32    (d) consider all relevant information  pertaining  to  greenhouse  gas
    33  emissions  reduction  programs among states in the U.S. Climate Alliance
    34  as well as in other states, regions and nations;
    35    (e) evaluate, using economic models,  emission  estimation  techniques
    36  and other scientific methods, the potential costs and potential economic
    37  and  non-economic  benefits of transitioning to a carbon-neutral economy
    38  on a statewide and multistate basis, taking into account the  impact  on
    39  consumers  and any regional variations and make such evaluation publicly
    40  available;
    41    (f) evaluate, using economic models,  emission  estimation  techniques
    42  and  other  scientific  methods  the economic, environmental, and public
    43  health benefits and co-benefits of greenhouse gas  emissions  reductions
    44  on  a  statewide  and multistate basis, taking into account the value of
    45  carbon, established by  the  department  of  environmental  conservation
    46  pursuant  to  section 75-0107 of the environmental conservation law, and
    47  using any other tools that the council deems useful  and  pertinent  for
    48  this analysis; and
    49    (g) consult with the environmental justice and just transition working
    50  group established pursuant to this section, and other stakeholders iden-
    51  tified by the council.
    52    6.  The  programs  and  measures considered the roadmap as required by
    53  subdivision four of this section may include:
    54    (a) performance-based standards for sources of  greenhouse  gas  emis-
    55  sions,  including  but not limited to sources in the electricity, trans-
    56  portation, building, industrial, commercial, and agricultural sectors;

        S. 1508--A                         118                        A. 2008--A
     1    (b) market-based mechanisms to reduce statewide greenhouse  gas  emis-
     2  sions on a statewide and multistate basis or emissions from a particular
     3  source  category  or categories, including an examination of the imposi-
     4  tion of fees per ton of carbon dioxide equivalent emitted and the  impo-
     5  sition  of  emissions  caps accompanied by a system of tradable emission
     6  allowances;
     7    (c) programs to reduce emissions from the electricity sector by  tran-
     8  sitioning  from  fossil  fuel-based  generation to generation powered by
     9  clean resources or energy efficiency measures to the extent practicable,
    10  including an analysis of technologies and other measures that should  be
    11  developed to facilitate such transition;
    12    (d)  land  use  and transportation planning measures aimed at reducing
    13  greenhouse gas emissions on a statewide and multistate basis;
    14    (e) measures to promote the beneficial electrification of personal and
    15  freight transport, and other strategies to reduce greenhouse  gas  emis-
    16  sions from the transportation sector;
    17    (f)  measures to achieve reductions in energy use in existing residen-
    18  tial or commercial buildings, including the  beneficial  electrification
    19  of  water  and  space heating in buildings, establishing appliance effi-
    20  ciency standards, strengthening building energy codes, requiring  annual
    21  building  energy  benchmarking,  disclosing  energy  efficiency  in home
    22  sales, and expanding the ability of state facilities to utilize perform-
    23  ance contracting;
    24    (g) recommendations to aid in the transition of  the  New  York  state
    25  workforce and the rapidly emerging clean energy industry;
    26    (h)  measures to achieve long-term carbon sequestration and/or promote
    27  best management practices in land use, agriculture and forestry;
    28    (i) measures to limit the use of  chemicals,  substances  or  products
    29  that  contribute  to  global  climate change when released to the atmos-
    30  phere, but are not intended for end-use combustion;
    31    (j) mechanisms to limit emission leakage  as  defined  in  subdivision
    32  eleven of section 75-0101 of the environmental conservation law; and
    33    (k)  verifiable,  enforceable  and voluntary emissions reduction meas-
    34  ures.
    35    7. The council  shall  provide  meaningful  opportunities  for  public
    36  comment from all persons who will be impacted by the roadmap required by
    37  subdivision four of this section, including public hearing opportunities
    38  in all regions of the state, and shall allow at least one hundred twenty
    39  days for the submission of public comment.  The council is authorized to
    40  conduct  any  public hearings associated with the roadmap in conjunction
    41  with public hearings required for the state energy plan.
    42    8. The council shall transmit the roadmap required by subdivision four
    43  of this section to the governor, the speaker of the  assembly,  and  the
    44  temporary  president of the senate. The council shall prepare and submit
    45  a report, by December thirty-first, two thousand nineteen, and  annually
    46  thereafter, until completion of the roadmap required by subdivision four
    47  of  this section, detailing the progress of the council and identify any
    48  interim recommendations on regulatory measures, clean  energy  programs,
    49  and  other state actions and policies that will ensure the attainment of
    50  statewide emission reduction and carbon neutrality goals.
    51    9. The council may consult with the Long Island  power  authority  and
    52  the  power  authority  of the state of New York, and such authorities as
    53  are authorized to cooperate  with  the  council  and  provide  input  as
    54  requested.
    55    10.  The  Long  Island  power authority and the power authority of the
    56  state of New York are authorized, as deemed feasible  and  advisable  by

        S. 1508--A                         119                        A. 2008--A
     1  their  respective  governing boards, to make a voluntary contribution of
     2  funds to mitigate part  of  the  cost  of  development  of  the  roadmap
     3  required by subdivision four of this section.
     4    11.  Staff  services  shall  be performed by the departments of public
     5  service, environmental  conservation,  transportation,  agriculture  and
     6  markets,  labor,  and the New York state energy research and development
     7  authority, as directed by the council. Assistance  shall  also  be  made
     8  available, as requested by the council, from other agencies, departments
     9  and public authorities of the state. The council may provide for its own
    10  representation  in all actions or proceedings in which it is a party.
    11    §  4.  The energy law is amended by adding a new section 6-110 to read
    12  as follows:
    13    § 6-110. Environmental justice and just transition working  group.  1.
    14  There is hereby established an environmental justice and just transition
    15  working group which shall consist of advocates for environmental justice
    16  and  community  leaders and representatives of New York's workforce, and
    17  have equal representation from New York city communities, rural communi-
    18  ties, and upstate urban communities.
    19    2. The working group shall  advise  the  department  of  environmental
    20  conservation, the energy research and development authority, the depart-
    21  ment  of  public  service,  the  department of labor, the climate action
    22  council, and other agencies as appropriate, on:
    23    (a) the development  of  statewide  greenhouse  gas  emissions  limits
    24  established  pursuant  to section 75-0103 of the environmental conserva-
    25  tion law;
    26    (b) the preparation of a roadmap for  reducing  greenhouse  gas  emis-
    27  sions,  pursuant  to  the  procedures  set forth in section 6-105 of the
    28  energy law that shall identify existing climate  change  mitigation  and
    29  adaptation  efforts at the federal, state, and local levels and may make
    30  recommendations regarding how such  policies  may  improve  the  state's
    31  efforts;
    32    (c)  the  preparation  of a roadmap for addressing issues and opportu-
    33  nities related to the transition of the New York state workforce and the
    34  rapidly emerging clean energy industry; and
    35    (d) the transition of communities away from conventional energy indus-
    36  tries and towards new opportunities in the clean energy economy.
    37    § 5. The energy law is amended by adding a new section 6-112  to  read
    38  as follows:
    39    § 6-112. Supplemental analysis for one hundred percent clean electric-
    40  ity. 1. The board shall undertake the following assessment to supplement
    41  information  for  future energy planning:  on or before December thirty-
    42  first, two thousand twenty-four, and every four  years  thereafter,  the
    43  board shall incorporate:
    44    (a)  analysis  and  recommendations into each plan supporting policies
    45  and actions that would meet the state's objective of ensuring  that  the
    46  state's  electricity  demand  is supplied from one hundred percent clean
    47  energy resources by the year two thousand forty  in  an  economical  and
    48  technically feasible manner; and
    49    (b)  analysis  and  recommendations into each plan supporting policies
    50  and actions that would advance the state toward the objective of meeting
    51  the greenhouse gas emission reduction limits established by the  depart-
    52  ment  of  environmental  conservation pursuant to section 75-0103 of the
    53  environmental conservation law.
    54    2. The board may consult with the Long  Island  power  authority,  the
    55  power  authority  of  the  state  of New York, any other state agency or
    56  authority, and the bulk system  operator  as  deemed  necessary  by  the

        S. 1508--A                         120                        A. 2008--A
     1  board,  and all state agencies and authorities are authorized to cooper-
     2  ate with the board and provide input as requested with respect  to  such
     3  assessment.
     4    § 6. The public service law is amended by adding a new section 77-a to
     5  read as follows:
     6    §  77-a.  New  York state clean energy program. 1. The term "renewable
     7  energy sources" when used in  this  section  shall  be  defined  by  the
     8  commission, and shall include but not be limited to, at a minimum, solar
     9  photovoltaic  generation, wind generation, existing hydroelectric gener-
    10  ation as well as new hydroelectric generation subject to  and  compliant
    11  with  rules established by the commission and generators that use biogas
    12  or other biofuels to generate electricity subject to and compliant  with
    13  rules established by the commission.
    14    2.  The term "clean energy sources" when used in this section shall be
    15  defined by the commission, in consultation with the department of  envi-
    16  ronmental  conservation,  and  shall  include  electric  generation that
    17  releases zero or de minimis net greenhouse gas emissions to  the  atmos-
    18  phere  as  a  byproduct of generating electricity, including electricity
    19  generated by biofuels that are determined by the department of  environ-
    20  mental conservation to be carbon neutral.
    21    3.  Within  one  hundred  twenty  days  of  the effective date of this
    22  section, the commission shall commence a proceeding or modify an  exist-
    23  ing  proceeding  to  establish a clean energy program that shall require
    24  that New York state load serving entities:
    25    (a) meet one hundred percent of  statewide  electrical  energy  demand
    26  with clean energy sources by the year two thousand forty;
    27    (b)  meet  seventy  percent of statewide electrical energy demand with
    28  renewable energy sources by the year two thousand thirty; and
    29    (c) demonstrate each year that the required percentage of their  elec-
    30  tric  energy  demand  was  met  with  clean and renewable energy sources
    31  through methods or mechanisms established by the commission.
    32    4. The commission  may  establish  minimum  annual  percentage  target
    33  requirements  for  load  serving  entities  for  each year, or period of
    34  years, of the program. In  establishing  such  program,  the  commission
    35  shall  consult  with  the Long Island power authority, the department of
    36  environmental conservation, the power authority of the state of New York
    37  and the New York energy research and development authority.
    38    § 7. Section 1005 of the public authorities law is amended by adding a
    39  new subdivision 26 to read as follows:
    40    26. To cooperate with the public service commission, the  Long  Island
    41  power  authority  and the New York state energy research and development
    42  authority to meet New York  state's  climate  change  and  environmental
    43  goals  including  those  established  pursuant  to  and  consistent with
    44  section seventy-seven-a of the public service law,  section  75-0103  of
    45  the environmental conservation law and section 6-105 of the energy law.
    46    §  8.  Paragraph 1 of subdivision (gg) of section 1020-f of the public
    47  authorities law, as added by section 7 of part A of chapter 173  of  the
    48  laws of 2013, is amended to read as follows:
    49    1.  The authority in coordination with the service provider, the power
    50  authority of the state of  New  York  and  the  New  York  state  energy
    51  research  and development authority shall, to the extent the authority's
    52  rates are sufficient to  provide  safe  and  adequate  transmission  and
    53  distribution  service,  and  the  measures  herein, undertake actions to
    54  design and administer renewable energy and energy efficiency measures in
    55  the service area, with the goal of continuing and expanding  such  meas-
    56  ures  that  cost-effectively  reduce  system-wide  peak demand, minimize

        S. 1508--A                         121                        A. 2008--A
     1  long-term fuel price risk to rate payers, lower emissions, improve envi-
     2  ronmental quality, including the requirements  established  pursuant  to
     3  and  consistent  with section seventy-seven-a of the public service law,
     4  section  75-0103 of the environmental conservation law and section 6-105
     5  of the energy law and seek to meet New York  state  climate  change  and
     6  environmental  goals.  Such actions shall also include implementation of
     7  any renewable energy competitive procurement or feed-in-tariff  programs
     8  that  were  approved  by  the  authority as of the effective date of the
     9  chapter of the laws of two thousand thirteen which added  this  subdivi-
    10  sion.
    11    §  9.  The  environmental  conservation law is amended by adding a new
    12  article 75 to read as follows:
    13                                 ARTICLE 75
    14                               CLIMATE CHANGE
    15  Section 75-0101. Definitions.
    16          75-0103. Statewide greenhouse gas emissions limits.
    17          75-0105. Regulations to achieve statewide greenhouse  gas  emis-
    18                     sions reductions.
    19          75-0107. Value of carbon.
    20  § 75-0101. Definitions.
    21    For the purposes of this article, the following definitions apply:
    22    1.  "Council" means the climate action council established pursuant to
    23  section 6-105 of the energy law.
    24    2. "Carbon dioxide equivalent" means the amount of carbon  dioxide  by
    25  mass that would produce the same integrated radiative forcing as a given
    26  mass  of  another greenhouse gas over a one hundred year or other appro-
    27  priate time frame after emission, as determined by the department.
    28    3. "Carbon neutrality  policy"  means  the  state  policy  established
    29  pursuant to subdivision one of section 6-105 of the energy law.
    30    4.  "Carbon neutrality roadmap" means the roadmap for statewide carbon
    31  neutrality prepared by the climate action council  pursuant  to  section
    32  6-105 of the energy law.
    33    5.  "Climate  action  council" means the board established pursuant to
    34  subdivision two of section 6-105 of the energy law.
    35    6. "Emissions reduction measures" means programs, measures and  stand-
    36  ards, including those authorized pursuant to this chapter, applicable to
    37  sources  or  categories of sources that are designed to reduce emissions
    38  of greenhouse gases.
    39    7. "Environmental justice and just transition working group" means the
    40  group established pursuant to section 6-110 of the energy law.
    41    8. "Greenhouse gas" means  carbon  dioxide,  methane,  nitrous  oxide,
    42  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    43  substance  emitted  into  the  air that may be reasonably anticipated to
    44  cause or contribute to anthropogenic climate change,  as  determined  by
    45  the department.
    46    9.  "Greenhouse  gas  emission limit" means an authorization, during a
    47  specified year, for a greenhouse gas emission source to  emit  up  to  a
    48  level or rate of greenhouse gases specified by the department, expressed
    49  in tons of carbon dioxide equivalent.
    50    10.  "Greenhouse  gas emission source" or "source" means any anthropo-
    51  genic source or category of  anthropogenic  sources  of  greenhouse  gas
    52  emissions  including prime suppliers, with the exception of agricultural
    53  emissions from livestock, that the department determines:
    54    (a) will enable the state to effectively reduce greenhouse  gas  emis-
    55  sions through the source's participation in a program or mechanism; and
    56    (b) is capable of being monitored for compliance.

        S. 1508--A                         122                        A. 2008--A
     1    11. "Leakage" means a reduction in emissions of greenhouse gases with-
     2  in  the  state  that is offset by an increase in emissions of greenhouse
     3  gases outside of the state.
     4    12.  "State  energy  plan"  means  the plan issued by the state energy
     5  planning board pursuant to article six of the energy law.
     6    13. "Statewide greenhouse gas emissions" means the total annual  emis-
     7  sions of greenhouse gases produced within the state from sources. State-
     8  wide greenhouse gas emissions shall be expressed in short tons of carbon
     9  dioxide equivalents.
    10    14. "Statewide greenhouse gas emissions limit" or "statewide emissions
    11  limit"  means  the  maximum  allowable level of statewide greenhouse gas
    12  emissions in a specified year.
    13  § 75-0103. Statewide greenhouse gas emissions limits.
    14    Within two years of the effective date of this article, the department
    15  shall promulgate a statewide greenhouse gas emissions limit measured  in
    16  units  of carbon dioxide equivalent for the year two thousand thirty, at
    17  which statewide greenhouse gas emissions would achieve a  forty  percent
    18  reduction  from  nineteen  hundred  ninety  emission  levels based on an
    19  inventory of statewide emissions developed or approved  by  the  depart-
    20  ment.  The  department  may  periodically  revise the limit based on new
    21  information.
    22  § 75-0105. Regulations to achieve  statewide  greenhouse  gas  emissions
    23               reductions.
    24    1.  In  addition to regulations promulgated by the department pursuant
    25  to existing authority established by this chapter, no  later  than  four
    26  years  after  the  effective  date of this article, the department shall
    27  promulgate rules and regulations consistent with measures recommended in
    28  the carbon neutrality roadmap issued by the climate  action  council  to
    29  support  compliance  with  the  statewide greenhouse gas emission limits
    30  established by the department pursuant to section 75-0103 of this  arti-
    31  cle.
    32    2.  The  regulations  promulgated  by  the department pursuant to this
    33  section may include, as appropriate:
    34    (a) legally enforceable emissions reduction measures or greenhouse gas
    35  emission limits, which may include performance standards or measures  or
    36  other  requirements  to  control  emissions from greenhouse gas emission
    37  sources;
    38    (b) measures to reduce emissions from greenhouse gas emission  sources
    39  or  source  categories  that  have  a cumulatively significant impact on
    40  statewide greenhouse gas emissions;
    41    (c) measures, as determined by the department, to  limit  or  preclude
    42  the  use  of  certain chemicals or substances, including hydrofluorocar-
    43  bons, perfluorinated compounds, sulfur hexafluoride, and nitrous  oxide,
    44  that  contribute  to  global  climate change when released to the atmos-
    45  phere, but are not intended for end-use combustion; and
    46    (d) mechanisms to minimize leakage.
    47  § 75-0107. Value of carbon.
    48    1. No later than one year after the effective date  of  this  article,
    49  the department, in consultation with the energy research and development
    50  authority,  shall  establish a social cost of carbon for use by New York
    51  state agencies, expressed in terms of dollars per ton of carbon  dioxide
    52  equivalent.
    53    2. The social cost of carbon shall serve as a monetary estimate of the
    54  value  of  not emitting a ton of greenhouse gas emissions. As determined
    55  by the department, the social cost of carbon may be  based  on  marginal
    56  greenhouse gas abatement costs or on the global economic, environmental,

        S. 1508--A                         123                        A. 2008--A
     1  and  social  impacts  of emitting a marginal ton of greenhouse gas emis-
     2  sions into the atmosphere, utilizing a  range  of  appropriate  discount
     3  rates, including a rate of zero.
     4    3.  In  developing  the  social  cost  of carbon, the department shall
     5  consider prior or existing estimates of the social cost of carbon issued
     6  or adopted by the federal government, appropriate international  bodies,
     7  or other appropriate and reputable scientific organizations.
     8    § 10. This act shall take effect immediately.
     9                                   PART Y
    10    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    11  New York state urban development corporation act, relating to the powers
    12  of the New York state urban development corporation to  make  loans,  as
    13  amended  by  section  1  of part P of chapter 58 of the laws of 2018, is
    14  amended to read as follows:
    15    § 2. This act shall take effect immediately  provided,  however,  that
    16  section  one  of  this act shall expire on July 1, [2019] 2020, at which
    17  time the provisions of subdivision 26 of section 5 of the New York state
    18  urban development corporation act shall be  deemed  repealed;  provided,
    19  however,  that neither the expiration nor the repeal of such subdivision
    20  as provided for herein shall be deemed to affect or impair in any manner
    21  any loan made pursuant to the authority of  such  subdivision  prior  to
    22  such expiration and repeal.
    23    §  2.  This  act  shall take effect immediately and shall be deemed to
    24  have been in full force and effect on and after April 1, 2019.
    25                                   PART Z
    26    Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
    27  of  the  laws  of 1968 constituting the New York state urban development
    28  corporation act, as amended by section 1 of part O of chapter 58 of  the
    29  laws of 2018, is amended to read as follows:
    30    3.  The  provisions  of this section shall expire, notwithstanding any
    31  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    32  the laws of 1996 or of any other law, on July 1, [2019] 2020.
    33    § 2. This act shall take effect immediately and  shall  be  deemed  to
    34  have been in full force and effect on and after July 1, 2019.
    35                                   PART AA
    36    Section  1.  Subdivision  2, paragraph (e) of subdivision 7, paragraph
    37  (b) of subdivision 8, subdivision 13, paragraph (e) of  subdivision  15,
    38  subdivisions  16,  19, 21 and 22 of section 310 of the executive law, as
    39  added by chapter 261 of the laws of 1988, paragraph (e) of subdivision 7
    40  and paragraph (e) of subdivision 15 as amended by chapter 22 of the laws
    41  of 2014, subdivision 13 as amended by chapter 506 of the laws  of  2009,
    42  subdivision  16  as  added  by section 3 of part BB of chapter 59 of the
    43  laws of 2006, and subdivisions 19, 21 and 22 as added by chapter 175  of
    44  the  laws of 2010, are amended and a new subdivision 24 is added to read
    45  as follows:
    46    2. "Contracting agency" shall mean a  state  agency  or  state  funded
    47  entity  which  is a party or a proposed party to a state contract or, in
    48  the case of a state contract described in paragraph (c)  of  subdivision
    49  thirteen  of this section, shall mean the New York state housing finance
    50  agency, housing trust fund  corporation  or  affordable  housing  corpo-

        S. 1508--A                         124                        A. 2008--A
     1  ration, whichever has made or proposes to make the grant or loan for the
     2  state assisted housing project.
     3    (e)  an enterprise owned by an individual or individuals, whose owner-
     4  ship, control and operation are relied upon for  certification,  with  a
     5  personal net worth that does not exceed three million five hundred thou-
     6  sand  dollars,  or  such other amount as the director shall set forth in
     7  regulations, as adjusted annually on the first of January for  inflation
     8  according to the consumer price index of the previous year; and
     9    (b)  [Hispanic]  Hispanic/Latino  persons  of  Mexican,  Puerto Rican,
    10  Dominican, Cuban, Central or South American of either Indian or Hispanic
    11  origin, regardless of race;
    12    13. "State contract" shall mean: (a) a written agreement  or  purchase
    13  order  instrument,  providing for a total expenditure in excess of twen-
    14  ty-five thousand dollars, whereby a contracting agency is  committed  to
    15  expend  or  does  expend  or  grant  funds in return for labor, services
    16  including but not limited to legal,  financial  and  other  professional
    17  services, supplies, equipment, materials or any combination of the fore-
    18  going,  to  be  performed for, on behalf of, or rendered or furnished to
    19  the contracting agency; (b) a written agreement in excess of one hundred
    20  thousand dollars whereby a contracting agency is committed to expend  or
    21  grant  or  does  expend funds for the acquisition, construction, demoli-
    22  tion, replacement, major repair  or  renovation  of  real  property  and
    23  improvements  thereon;  [and]  (c)  a written agreement in excess of one
    24  hundred thousand dollars whereby the owner of a state  assisted  housing
    25  project is committed to expend or does expend funds for the acquisition,
    26  construction,  demolition,  replacement,  major  repair or renovation of
    27  real property and improvements thereon for such project; and (d) a writ-
    28  ten agreement or  purchase  order  instrument,  providing  for  a  total
    29  expenditure  in excess of fifty thousand dollars, whereby a state-funded
    30  entity is committed to expend or does expend funds paid  to  the  state-
    31  funded  entity  by  the  state  of New York, including those paid to the
    32  state-funded entity pursuant to an appropriation,  for  any  product  or
    33  service.
    34    (e)  an enterprise owned by an individual or individuals, whose owner-
    35  ship, control and operation are relied upon for  certification,  with  a
    36  personal net worth that does not exceed three million five hundred thou-
    37  sand  dollars,  or  such other amount as the director shall set forth in
    38  regulations, as adjusted annually on the first of January for  inflation
    39  according to the consumer price index of the previous year; and
    40    16.  "Statewide  advocate"  shall  mean  the  person  appointed by the
    41  [commissioner] director to serve in the capacity  of  the  minority  and
    42  women-owned  business  enterprise  statewide  advocate  and  procurement
    43  ombudsman.
    44    19. "Personal net worth" shall mean the aggregate adjusted  net  value
    45  of  the  assets  of  an individual remaining after total liabilities are
    46  deducted. Personal net worth includes the individual's share  of  assets
    47  held  jointly  with  said  individual's  spouse and does not include the
    48  individual's ownership interest in the  certified  minority  and  women-
    49  owned business enterprise, the individual's equity in his or her primary
    50  residence ownership interest in a holding company that leases real prop-
    51  erty,  machinery,  equipment,  or  vehicles exclusively to the certified
    52  minority or women-owned business enterprise that is  majority  owned  by
    53  the minority group members or women relied upon for certification, or up
    54  to  [five  hundred]  seven hundred fifty thousand dollars of the present
    55  cash value of  any  qualified  retirement  savings  plan  or  individual

        S. 1508--A                         125                        A. 2008--A
     1  retirement  account  held by the individual less any penalties for early
     2  withdrawal.
     3    21.  "The  [2010]  disparity  study"  shall  refer  to the most recent
     4  disparity study commissioned by the  [empire  state  development  corpo-
     5  ration]  department  of  economic development, pursuant to section three
     6  hundred twelve-a of this article[, and published on  April  twenty-nine,
     7  two thousand ten].
     8    22.  "Diversity  practices"  shall mean the contractor's practices and
     9  policies with respect to:
    10    (a) [utilizing] mentoring certified minority and women-owned  business
    11  enterprises  in  contracts  awarded  by  a  state agency or other public
    12  corporation, as subcontractors and suppliers; [and]
    13    (b) entering  into  partnerships,  joint  ventures  or  other  similar
    14  arrangements  with  certified  minority  and women-owned business enter-
    15  prises as defined in this article or other applicable statute  or  regu-
    16  lation  governing  an  entity's  utilization  of minority or women-owned
    17  business enterprises; and
    18    (c) the representation of minority group members and women as  members
    19  of the board of directors or executive officers of the contractor.
    20    24.  "State-funded  entity"  shall  mean any unit of local government,
    21  including, but not limited to a county, city, town,  village  or  school
    22  district  that  is  paid  pursuant to an appropriation in a state fiscal
    23  year.
    24    § 2. The opening paragraph of subdivision 4  of  section  311  of  the
    25  executive law, as amended by chapter 361 of the laws of 2009, is amended
    26  to read as follows:
    27    The  director [may] shall provide assistance to, and facilitate access
    28  to programs serving [certified businesses as well as applicants] minori-
    29  ty and women-owned business enterprises to ensure that  such  businesses
    30  benefit, as needed, from technical, managerial and financial, and gener-
    31  al  business assistance; training; marketing; organization and personnel
    32  skill development; project management assistance; technology assistance;
    33  bond and insurance education assistance; and other business  development
    34  assistance.  The  director  shall  maintain  a  toll-free  number at the
    35  department of economic  development  to  be  used  to  answer  questions
    36  concerning  the  MWBE  certification  process. In addition, the director
    37  may, either independently or in conjunction with other state agencies:
    38    § 3. Section 311-a of the executive law, as added by section 4 of part
    39  BB of chapter 59 of the laws of 2006, is amended to read as follows:
    40    § 311-a. Minority and women-owned business enterprise statewide  advo-
    41  cate.  1. There is hereby established within the [department of economic
    42  development] division of minority and women's business an office of  the
    43  minority  and  women-owned  business  enterprise statewide advocate. The
    44  statewide advocate shall be appointed  by  the  commissioner  [with  the
    45  advice  of  the  small business advisory board as established in section
    46  one hundred thirty-three of the economic development law and shall serve
    47  in the unclassified service of  the  director.  The  statewide  advocate
    48  shall  be  located  in  the  Albany  empire state development office] in
    49  consultation with the director.
    50    2. The advocate shall act as a liaison for  minority  and  women-owned
    51  business  enterprises  (MWBEs)  to  assist  them in obtaining technical,
    52  managerial, financial and other business assistance for certified  busi-
    53  nesses  and  applicants.  The  advocate  shall  receive  and investigate
    54  complaints brought by or on behalf  of  MWBEs  concerning  certification
    55  delays  and  instances  of  violations of [law] the requirements of this
    56  article by contractors and by state agencies.  [The  statewide  advocate

        S. 1508--A                         126                        A. 2008--A

     1  shall  assist  certified  businesses and applicants in the certification
     2  process.] Other functions of the statewide advocate shall be directed by
     3  the commissioner. The advocate shall have  the  resources  necessary  to
     4  perform  its  functions,  and, as such, may request and the director may
     5  appoint staff and employees of the division of minority and women  busi-
     6  ness  development  to  support  the  administration of the office of the
     7  statewide advocate.
     8    3. The statewide advocate [shall establish a toll-free number  at  the
     9  department  of  economic  development  to  be  used  to answer questions
    10  concerning the MWBE certification process] shall conduct periodic audits
    11  of state agencies' compliance with the  requirements  of  section  three
    12  hundred  fifteen  of this article, such audits shall include a review of
    13  the books and records of state agencies concerning, among other  things,
    14  annual  agency expenditures, annual participation of minority and women-
    15  owned business enterprises as prime contractors  and  subcontractors  in
    16  state  agencies'  state  contracts, and documentation of state agencies'
    17  good faith efforts to maximize minority and women-owned business  enter-
    18  prise participation in such agencies' contracting.
    19    4.  The  statewide  advocate shall investigate complaints by minority-
    20  owned business enterprises or women-owned business  enterprises,  certi-
    21  fied  as  such by the division of minority and women's business develop-
    22  ment, to the minority  and  women-owned  business  enterprise  statewide
    23  advocate  concerning a procuring governmental entity's failure to comply
    24  with the requirements of section three hundred fifteen of this article.
    25    5. The statewide advocate shall report to the director and commission-
    26  er by November fifteenth on an annual basis on all activities related to
    27  fulfilling the obligations of the office of the statewide advocate. [The
    28  commissioner shall include the unedited text of the statewide advocate's
    29  report within the reports submitted by the department of economic devel-
    30  opment to the governor and the legislature.]
    31    § 4. Section 312-a of the executive law, as amended by  section  1  of
    32  part Q of chapter 58 of the laws of 2015, is amended to read as follows:
    33    §  312-a.  Study  of  minority  and  women-owned  business [enterprise
    34  programs] enterprises. 1. The director of the division of  minority  and
    35  women-owned business development [in the department of economic develop-
    36  ment]  is  authorized and directed to recommission a statewide disparity
    37  study regarding the participation of minority and  women-owned  business
    38  enterprises in state contracts since the amendment of this article to be
    39  delivered  to  the  governor  and  legislature  [no  later  than  August
    40  fifteenth, two thousand sixteen]. The study  shall  be  prepared  by  an
    41  entity  independent of the department and selected through a request for
    42  proposal process. The purpose of such study is:
    43    (a) to determine whether there is a disparity between  the  number  of
    44  qualified minority and women-owned businesses ready, willing and able to
    45  perform  state contracts for commodities, services and construction, and
    46  the  number  of  such  contractors  actually  engaged  to  perform  such
    47  contracts,  and  to  determine  what  changes, if any, should be made to
    48  state policies affecting minority and women-owned business  enterprises;
    49  and  (b) to determine whether there is a disparity between the number of
    50  qualified minorities and women ready, willing and able, with respect  to
    51  labor markets, qualifications and other relevant factors, to participate
    52  in  contractor  employment, management level bodies, including boards of
    53  directors, and as senior executive officers within contracting  entities
    54  and  the  number  of  such group members actually employed or affiliated
    55  with state contractors in the aforementioned capacities, and  to  deter-
    56  mine  what  changes,  if any, should be made to state policies affecting

        S. 1508--A                         127                        A. 2008--A
     1  minority and women group populations with regard to  state  contractors'
     2  employment  and appointment practices relative to diverse group members.
     3  Such study shall include, but not be limited  to,  an  analysis  of  the
     4  history  of  minority  and  women-owned business enterprise programs and
     5  their effectiveness as a means of securing and ensuring participation by
     6  minorities and women, and a disparity analysis by market area and region
     7  of the state. Such  study  shall  distinguish  between  minority  males,
     8  minority females and non-minority females in the statistical analysis.
     9    2.  The  director of the division of minority and women-owned business
    10  development is directed to transmit the disparity study to the  governor
    11  and  the  legislature  [not  later  than  August fifteenth, two thousand
    12  sixteen], and to post the study on the  website  of  the  department  of
    13  economic development.
    14    §  5.  Section  313 of the executive law, as amended by chapter 175 of
    15  the laws of 2010, is amended to read as follows:
    16    § 313. Opportunities for  minority  and  women-owned  business  enter-
    17  prises.  1.  Goals  and requirements for agencies and contractors.  Each
    18  agency shall structure procurement procedures for contracts made direct-
    19  ly or indirectly to minority and women-owned  business  enterprises,  in
    20  accordance  with  the  findings  of  the  [two thousand ten] most recent
    21  disparity study, consistent  with  the  purposes  of  this  article,  to
    22  attempt  to  achieve [the following results with regard to] total annual
    23  statewide procurement[:
    24    (a) construction industry for certified minority-owned business enter-
    25  prises: fourteen and thirty-four hundredths percent;
    26    (b) construction industry for certified  women-owned  business  enter-
    27  prises: eight and forty-one hundredths percent;
    28    (c)  construction related professional services industry for certified
    29  minority-owned business enterprises: thirteen and twenty-one  hundredths
    30  percent;
    31    (d)  construction related professional services industry for certified
    32  women-owned  business  enterprises:  eleven  and  thirty-two  hundredths
    33  percent;
    34    (e)  non-construction  related services industry for certified minori-
    35  ty-owned business enterprises: nineteen and sixty hundredths percent;
    36    (f) non-construction related services industry  for  certified  women-
    37  owned business enterprises: seventeen and forty-four hundredths percent;
    38    (g)  commodities industry for certified minority-owned business enter-
    39  prises: sixteen and eleven hundredths percent;
    40    (h) commodities industry for  certified  women-owned  business  enter-
    41  prises:  ten and ninety-three hundredths percent;
    42    (i)  overall  agency  total  dollar value of procurement for certified
    43  minority-owned business enterprises: sixteen and fifty-three  hundredths
    44  percent;
    45    (j)  overall  agency  total  dollar value of procurement for certified
    46  women-owned business  enterprises:  twelve  and  thirty-nine  hundredths
    47  percent; and
    48    (k)  overall  agency  total  dollar value of procurement for certified
    49  minority, women-owned business enterprises: twenty-eight and  ninety-two
    50  hundredths percent] goals as specified by the director.
    51    1-a.  The  director  shall  ensure  that  each  state  agency has been
    52  provided with [a] an electronic copy of  the  [two  thousand  ten]  most
    53  recent disparity study.
    54    1-b.  Each  agency shall develop and adopt agency-specific goals based
    55  on the findings of the [two thousand ten] most recent disparity study.

        S. 1508--A                         128                        A. 2008--A
     1    2. The director shall promulgate rules and regulations  [pursuant  to]
     2  based  on  the  [goals  established  in subdivision one of this section]
     3  findings of the most recent disparity study that  provide  measures  and
     4  procedures  to ensure that certified minority and women-owned businesses
     5  shall be given the opportunity for maximum feasible participation in the
     6  performance of state contracts and to assist in the agency's identifica-
     7  tion  of those state contracts for which minority and women-owned certi-
     8  fied businesses may best bid to actively and affirmatively  promote  and
     9  assist  their participation in the performance of state contracts [so as
    10  to facilitate the agency's achievement of the maximum  feasible  portion
    11  of the goals for state contracts to such businesses].
    12    2-a.  The  director  shall  promulgate rules and regulations that will
    13  accomplish the following:
    14    (a) provide for the certification and decertification of minority  and
    15  women-owned business enterprises for all agencies through a single proc-
    16  ess that meets applicable requirements;
    17    (b) require that each contract solicitation document accompanying each
    18  solicitation  set  forth the expected degree of minority and women-owned
    19  business enterprise participation based, in part, on:
    20    (i) the potential subcontract opportunities  available  in  the  prime
    21  procurement contract; [and]
    22    (ii)  the  availability[, as contained within the study,] of certified
    23  minority and women-owned business enterprises to  respond  competitively
    24  to  the  potential  subcontract  opportunities as reflected in the divi-
    25  sion's directory of certified minority and women-owned  business  enter-
    26  prises; and
    27    (iii) the findings of the disparity study;
    28    (c)  require  that  each  agency  provide  a current list of certified
    29  minority business enterprises to each prospective contractor  or  direct
    30  them  to  the division's directory of certified minority and women-owned
    31  business enterprises for such purpose;
    32    (d) allow a contractor that is a certified  minority-owned  or  women-
    33  owned  business  enterprise to use the work it performs to meet require-
    34  ments for use of certified minority-owned or women-owned business enter-
    35  prises as subcontractors;
    36    (e) establish criteria for agencies to  credit  the  participation  of
    37  minority and women-owned business enterprises towards the achievement of
    38  the  minority and women-owned business enterprise participation goals on
    39  a state contract based on the commercially useful function  provided  by
    40  each minority and women-owned business enterprise on the contract;
    41    (f)  provide for joint ventures, which a bidder may count toward meet-
    42  ing its minority and women-owned business enterprise participation;
    43    [(f)] (g) consistent with subdivision six of this section, provide for
    44  circumstances under which an agency or  state-funded  entity  may  waive
    45  obligations of the contractor relating to minority and women-owned busi-
    46  ness enterprise participation;
    47    [(g)]  (h)  require  that an agency or state-funded entity verify that
    48  minority and women-owned business enterprises listed in a successful bid
    49  are actually participating to the extent listed in the project for which
    50  the bid was submitted;
    51    [(h)] (i) provide for the collection of statistical data by each agen-
    52  cy or state-funded entity concerning  actual  minority  and  women-owned
    53  business enterprise participation; [and
    54    (i)]  (j)  require  each  agency to consult the most current disparity
    55  study when calculating [agency-wide and contract specific] participation
    56  goals pursuant to this article; and

        S. 1508--A                         129                        A. 2008--A
     1    (k) provide for the periodic collection of reports  from  state-funded
     2  entities in such form and at such time as the director shall require.
     3    3.  Solely for the purpose of providing the opportunity for meaningful
     4  participation by  certified  businesses  in  the  performance  of  state
     5  contracts  as  provided  in  this section, state contracts shall include
     6  leases of real property by a state agency to a lessee where:  the  terms
     7  of  such  leases  provide for the construction, demolition, replacement,
     8  major repair or renovation of real property and improvements thereon  by
     9  such lessee; and the cost of such construction, demolition, replacement,
    10  major  repair  or  renovation  of real property and improvements thereon
    11  shall exceed the sum of one hundred thousand  dollars.  Reports  to  the
    12  director pursuant to section three hundred fifteen of this article shall
    13  include activities with respect to all such state contracts. Contracting
    14  agencies  shall  include or require to be included with respect to state
    15  contracts for the acquisition,  construction,  demolition,  replacement,
    16  major  repair  or  renovation of real property and improvements thereon,
    17  such provisions as may be necessary to effectuate the provisions of this
    18  section in every bid specification and state  contract,  including,  but
    19  not  limited  to:  (a)  provisions  requiring contractors to make a good
    20  faith effort to solicit active participation by  enterprises  identified
    21  in  the  directory  of certified businesses [provided to the contracting
    22  agency by the office]; (b) requiring the parties to agree as a condition
    23  of entering into such contract, to be bound by the provisions of section
    24  three hundred sixteen of this article; and (c) requiring the  contractor
    25  to  include  the  provisions set forth in paragraphs (a) and (b) of this
    26  subdivision in every subcontract in a manner that the provisions will be
    27  binding upon each subcontractor as  to  work  in  connection  with  such
    28  contract.  Provided,  however,  that no such provisions shall be binding
    29  upon contractors or subcontractors in the performance  of  work  or  the
    30  provision  of services that are unrelated, separate or distinct from the
    31  state contract as expressed by its terms, and nothing  in  this  section
    32  shall  authorize  the  director  or any contracting agency to impose any
    33  requirement on a contractor or subcontractor except with  respect  to  a
    34  state contract.
    35    4. In the implementation of this section, the contracting agency shall
    36  (a) consult the findings contained within the disparity study evidencing
    37  relevant   industry  specific  [availability  of  certified  businesses]
    38  disparities in the utilization of minority  and  women-owned  businesses
    39  relative to their availability;
    40    (b)  implement  a program that will enable the agency to evaluate each
    41  contract to determine the  [appropriateness  of  the]  appropriate  goal
    42  [pursuant  to  subdivision  one  of  this  section] for participation by
    43  minority-owned   business   enterprises   and    women-owned    business
    44  enterprises;
    45    (c)  consider  where  practicable,  the  severability  of construction
    46  projects and other bundled contracts; and
    47    (d) consider compliance with  the  requirements  of  any  federal  law
    48  concerning  opportunities  for  minority and women-owned business enter-
    49  prises which effectuates the purpose of this  section.  The  contracting
    50  agency shall determine whether the imposition of the requirements of any
    51  such  law  duplicate  or conflict with the provisions hereof and if such
    52  duplication or conflict exists, the contracting agency shall  waive  the
    53  applicability  of  this  section  to  the  extent of such duplication or
    54  conflict.
    55    5. (a) Contracting agencies shall administer the rules and regulations
    56  promulgated by the director in a good faith effort to [meet] achieve the

        S. 1508--A                         130                        A. 2008--A
     1  maximum feasible [portion of the agency's goals] participation by minor-
     2  ity and women owned business enterprises adopted pursuant to this  arti-
     3  cle  and  the  regulations  of the director. Such rules and regulations:
     4  shall  require  a contractor to submit a utilization plan after bids are
     5  opened, when bids are required, but  prior  to  the  award  of  a  state
     6  contract; shall require the contracting agency to review the utilization
     7  plan  submitted  by  the contractor and to post the utilization plan and
     8  any waivers of compliance issued pursuant to  subdivision  six  of  this
     9  section  on  the  website  of the contracting agency within a reasonable
    10  period of time  as  established  by  the  director;  shall  require  the
    11  contracting  agency  to notify the contractor in writing within a period
    12  of time specified by the director as to any  deficiencies  contained  in
    13  the contractor's utilization plan; shall require remedy thereof within a
    14  period  of  time specified by the director; shall require the contractor
    15  to submit periodic compliance reports  relating  to  the  operation  and
    16  implementation  of  any  utilization plan; shall not allow any automatic
    17  waivers but shall allow a contractor to apply for  a  partial  or  total
    18  waiver of the minority and women-owned business enterprise participation
    19  requirements  pursuant  to  subdivisions  six and seven of this section;
    20  shall allow a contractor to file a complaint with the director  pursuant
    21  to  subdivision  eight of this section in the event a contracting agency
    22  has failed or refused to issue a waiver of the minority and  women-owned
    23  business  enterprise  participation  requirements  or  has  denied  such
    24  request for a waiver; and shall allow a contracting  agency  to  file  a
    25  complaint with the director pursuant to subdivision nine of this section
    26  in  the  event  a contractor is failing or has failed to comply with the
    27  minority and women-owned business enterprise participation  requirements
    28  set forth in the state contract where no waiver has been granted.
    29    (b) The rules and regulations promulgated pursuant to this subdivision
    30  regarding  a  utilization plan shall provide that where enterprises have
    31  been identified within a utilization plan, a contractor  shall  attempt,
    32  in  good  faith, to utilize such enterprise at least to the extent indi-
    33  cated. A contracting agency may require a contractor to indicate, within
    34  a utilization plan, what measures and procedures he or  she  intends  to
    35  take to comply with the provisions of this article, but may not require,
    36  as  a  condition  of  award  of,  or  compliance with, a contract that a
    37  contractor  utilize  a  particular  enterprise  in  performance  of  the
    38  contract.
    39    (c) Without limiting other grounds for the disqualification of bids or
    40  proposals  on  the basis of non-responsibility, a contracting agency may
    41  disqualify the bid or proposal of a contractor as being  non-responsible
    42  for  failure  to  remedy notified deficiencies contained in the contrac-
    43  tor's utilization plan within a period of time specified in  regulations
    44  promulgated  by  the director after receiving notification of such defi-
    45  ciencies from the contracting agency. Where failure to remedy any  noti-
    46  fied  deficiency  in  the utilization plan is a ground for disqualifica-
    47  tion, that issue and all other grounds  for  disqualification  shall  be
    48  stated in writing by the contracting agency. Where the contracting agen-
    49  cy states that a failure to remedy any notified deficiency in the utili-
    50  zation  plan  is  a  ground for disqualification the contractor shall be
    51  entitled to an  administrative  hearing,  on  a  record,  involving  all
    52  grounds  stated  by  the  contracting  agency.  Such  hearing  shall  be
    53  conducted by the appropriate authority  of  the  contracting  agency  to
    54  review  the  determination  of  disqualification. A final administrative
    55  determination made following such  hearing  shall  be  reviewable  in  a
    56  proceeding  commenced  under article seventy-eight of the civil practice

        S. 1508--A                         131                        A. 2008--A
     1  law and rules, provided that such proceeding is commenced within  thirty
     2  days  of  the  notice  given  by certified mail return receipt requested
     3  rendering such final administrative determination. Such proceeding shall
     4  be  commenced in the supreme court, appellate division, third department
     5  and such proceeding shall be  preferred  over  all  other  civil  causes
     6  except  election causes, and shall be heard and determined in preference
     7  to all other civil business pending therein,  except  election  matters,
     8  irrespective  of position on the calendar. Appeals taken to the court of
     9  appeals of the state of New York shall be subject to  the  same  prefer-
    10  ence.
    11    6.  Where  it  appears  that  a  contractor cannot, after a good faith
    12  effort, comply with the minority  and  women-owned  business  enterprise
    13  participation  requirements  set forth in a particular state contract, a
    14  contractor may file a written application with  the  contracting  agency
    15  requesting  a partial or total waiver of such requirements setting forth
    16  the reasons for such contractor's inability to meet any or  all  of  the
    17  participation  requirements  together with an explanation of the efforts
    18  undertaken by the contractor to obtain the required minority and  women-
    19  owned  business enterprise participation. In implementing the provisions
    20  of this section, the contracting agency shall consider  the  number  and
    21  types  of minority and women-owned business enterprises [located] avail-
    22  able to provide goals or services required under  the  contract  in  the
    23  region  in which the state contract is to be performed, the total dollar
    24  value of the state contract, the scope of work to be performed  and  the
    25  project size and term. If, based on such considerations, the contracting
    26  agency  determines there is not a reasonable availability of contractors
    27  on the list of certified business to furnish services for  the  project,
    28  it  shall issue a waiver of compliance to the contractor. In making such
    29  determination, the contracting agency shall first  consider  the  avail-
    30  ability  of  other  business enterprises located in the region and shall
    31  thereafter consider the financial ability of  minority  and  women-owned
    32  businesses  located  outside  the  region in which the contract is to be
    33  performed to perform the state contract.
    34    7. For purposes of determining a contractor's  good  faith  effort  to
    35  comply  with  the  requirements  of  this section or to be entitled to a
    36  waiver therefrom the contracting  agency  shall  consider,  among  other
    37  things:
    38    (a)  whether  the  contractor  has  advertised  in general circulation
    39  media, trade association publications, and minority-focus and  women-fo-
    40  cus media or other forms of advertisement and, in such event, (i) wheth-
    41  er  or  not certified minority or women-owned businesses which have been
    42  solicited by the contractor exhibited interest in  submitting  proposals
    43  for a particular project by communication or other form of contract with
    44  the  contractor  or attending a pre-bid conference, if any, scheduled by
    45  the state agency awarding the state contract with certified minority and
    46  women-owned business enterprises; and
    47    (ii) whether certified businesses which have  been  solicited  by  the
    48  contractor have responded in a timely fashion to the contractor's solic-
    49  itations  for timely competitive bid quotations prior to the contracting
    50  agency's bid date; and
    51    (b) whether [there has been] the contractor  provided  timely  written
    52  notification  of  subcontracting  opportunities on the state contract to
    53  appropriate certified businesses that appear in the directory of  certi-
    54  fied  businesses prepared pursuant to paragraph (f) of subdivision three
    55  of section three hundred eleven of this article; and

        S. 1508--A                         132                        A. 2008--A
     1    (c) whether the contractor can reasonably structure the amount of work
     2  to be performed under subcontracts in order to increase  the  likelihood
     3  of participation by certified businesses.
     4    8.  In the event that a contracting agency fails or refuses to issue a
     5  waiver to a contractor as requested within twenty days after having made
     6  application therefor pursuant to subdivision six of this section  or  if
     7  the contracting agency denies such application, in whole or in part, the
     8  contractor  may  file  a complaint with the director pursuant to section
     9  three hundred sixteen of  this  article  setting  forth  the  facts  and
    10  circumstances  giving rise to the contractor's complaint together with a
    11  demand for relief. The contractor shall serve a copy of  such  complaint
    12  upon  the  contracting  agency by personal service or by certified mail,
    13  return receipt requested. The contracting agency shall  be  afforded  an
    14  opportunity to respond to such complaint in writing.
    15    9.  If,  after the review of a contractor's minority and [women owned]
    16  women-owned business utilization plan or review of a periodic compliance
    17  report and after such contractor has been  afforded  an  opportunity  to
    18  respond  to  a  notice of deficiency issued by the contracting agency in
    19  connection therewith, it appears that a contractor is failing or  refus-
    20  ing  to  comply with the minority and women-owned business participation
    21  requirements as set forth in the state contract and where no waiver from
    22  such requirements has been granted, the contracting agency  may  file  a
    23  written  complaint  with  the director pursuant to section three hundred
    24  sixteen of this article setting forth the facts and circumstances giving
    25  rise to the contracting agency's complaint together with  a  demand  for
    26  relief.    The  contracting  agency shall serve a copy of such complaint
    27  upon the contractor by personal service or  by  certified  mail,  return
    28  receipt  requested.  The  contractor shall be afforded an opportunity to
    29  respond to such complaint in writing.
    30    § 6. Section 314 of the executive law, as added by chapter 216 of  the
    31  laws  of  1988, subdivision 2-a as amended by chapter 175 of the laws of
    32  2010, subdivision 2-b as added by chapter  409  of  the  laws  of  2018,
    33  subdivision  4  as  amended and subdivision 5 as added by chapter 399 of
    34  the laws of 2014, is amended to read as follows:
    35    § 314. Statewide certification program. 1. The director shall  promul-
    36  gate  rules  and regulations providing for the establishment of a state-
    37  wide certification program including rules and regulations governing the
    38  approval, denial or revocation of any such certification including revo-
    39  cations for convictions for fraudulently misrepresenting the  status  of
    40  minority or women-owned business enterprises. Such rules shall set forth
    41  the  maximum  personal net worth of a minority group member or woman who
    42  may be relied upon to certify a business as  a  minority-owned  business
    43  enterprise or women-owned business enterprise, and may establish differ-
    44  ent  maximum levels of personal net worth for minority group members and
    45  women on an industry-by-industry basis for such industries as the direc-
    46  tor shall determine. Such rules and regulations shall include,  but  not
    47  be limited to, such matters as may be required to ensure that the estab-
    48  lished  procedures  thereunder  shall at least be in compliance with the
    49  code of fair procedure set forth in section seventy-three of  the  civil
    50  rights law and consistent with the provisions of article twenty-three of
    51  the correction law.
    52    2.  For  the purposes of this article, the office shall be responsible
    53  for verifying businesses as being owned,  operated,  and  controlled  by
    54  minority  group  members or women and for certifying such verified busi-
    55  nesses. The director shall prepare a directory of  certified  businesses
    56  for  use  by  contracting  agencies  and contractors in carrying out the

        S. 1508--A                         133                        A. 2008--A
     1  provisions of this article. The director shall periodically  update  the
     2  directory.
     3    2-a.  (a) The director shall establish a procedure enabling the office
     4  to accept New York municipal corporation certification verification  for
     5  minority  and  women-owned  business  enterprise  applicants  in lieu of
     6  requiring the applicant to complete the state certification process. The
     7  director shall promulgate rules and regulations to  set  forth  criteria
     8  for  the acceptance of municipal corporation certification. All eligible
     9  municipal corporation certifications shall require business  enterprises
    10  seeking certification to meet the following standards:
    11    (i)  have  at  least  fifty-one  percent  ownership by a minority or a
    12  women-owned enterprise and be owned by United States citizens or  perma-
    13  nent resident aliens;
    14    (ii)  be  an  enterprise  in which the minority and/or women-ownership
    15  interest is real, substantial and continuing;
    16    (iii) be an enterprise in which the  minority  and/or  women-ownership
    17  has  and exercises the authority to control independently the day-to-day
    18  business decisions of the enterprise;
    19    (iv) be an enterprise authorized to do business in this state;
    20    (v) be subject to a physical site inspection to verify  the  fifty-one
    21  percent ownership requirement;
    22    (vi)  be  owned  by  an  individual  or  individuals, whose ownership,
    23  control and operation are relied upon for certification, with a personal
    24  net worth that does not  exceed  three  million  five  hundred  thousand
    25  dollars  or  such  other amount as the director shall set forth in regu-
    26  lations, as adjusted annually for inflation according  to  the  consumer
    27  price index; and
    28    (vii)  be  an enterprise that is a small business pursuant to subdivi-
    29  sion twenty of section three hundred ten of this article.
    30    (b) The director shall work with all municipal corporations that  have
    31  a  municipal  minority  and  women-owned  business enterprise program to
    32  develop standards to accept state certification to  meet  the  municipal
    33  corporation  minority  and women-owned business enterprise certification
    34  standards.
    35    (c) The director shall establish a procedure enabling the division  to
    36  accept  federal  certification verification for minority and women-owned
    37  business enterprise applicants, provided  said  standards  comport  with
    38  those  required  by the state minority and women-owned business program,
    39  in lieu of requiring the applicant to complete the  state  certification
    40  process.  The  director  shall  promulgate  rules and regulations to set
    41  forth criteria for the acceptance of federal certification.
    42    2-b. The director shall establish a procedure  enabling  an  applicant
    43  who was a military service member to prove his or her race or ethnicity,
    44  date  of  birth, place of birth and verification of address for purposes
    45  of certification of the applicant's business as a  minority-owned  busi-
    46  ness  by  submission  of  the DD Form 214 issued to the applicant by the
    47  United States department of defense upon  such  applicant's  retirement,
    48  separation,  or  discharge  from  active duty in the armed forces of the
    49  United States, provided the DD Form 214 contains  such  information,  in
    50  lieu  of  requiring  the applicant to otherwise prove his or her race or
    51  ethnicity. The director shall promulgate rules and  regulations  to  set
    52  forth criteria for the acceptance of the DD Form 214 by the office.
    53    2-c.   (a) Each business applying for minority or women-owned business
    54  enterprise certification pursuant to this section must agree  to  allow:
    55  (i)  the department of taxation and finance to share its tax information

        S. 1508--A                         134                        A. 2008--A
     1  with the division; and (ii) the department of labor to share its tax and
     2  employer information with the division.
     3    (b) Such information provided pursuant to paragraph (a) of this subdi-
     4  vision shall be kept confidential by the division in the same manner and
     5  under  the  same condition as such information is kept by the department
     6  of taxation and finance or the department of labor.
     7    3. Following application for certification pursuant to  this  section,
     8  the  director  shall  provide  the  applicant with written notice of the
     9  status of the application, including notice of any outstanding deficien-
    10  cies[, within thirty days]. Within [sixty] thirty days of submission  of
    11  a  final completed application, the director shall provide the applicant
    12  with written notice of a determination by the office approving or  deny-
    13  ing such certification and, in the event of a denial a statement setting
    14  forth  the  reasons  for  such  denial.  Upon a determination denying or
    15  revoking certification, the business enterprise for which  certification
    16  has  been  so  denied or revoked shall, upon written request made within
    17  thirty days from receipt of notice of such determination, be entitled to
    18  a hearing before an independent  hearing  officer  designated  for  such
    19  purpose  by  the  director. In the event that a request for a hearing is
    20  not made within such thirty day  period,  such  determination  shall  be
    21  deemed  to  be  final.   The independent hearing officer shall conduct a
    22  hearing and upon the conclusion of such hearing, issue a written  recom-
    23  mendation  to  the  director  to affirm, reverse or modify such determi-
    24  nation of the director. Such written recommendation shall be  issued  to
    25  the  parties.   The director, within thirty days, by order, must accept,
    26  reject or modify such recommendation of  the  hearing  officer  and  set
    27  forth  in  writing the reasons therefor. The director shall serve a copy
    28  of such order and reasons  therefor  upon  the  business  enterprise  by
    29  personal  service  or  by  certified  mail return receipt requested. The
    30  order of the director shall be subject to  review  pursuant  to  article
    31  seventy-eight of the civil practice law and rules.
    32    4.  The  director  may,  after performing an availability analysis and
    33  upon a finding that industry-specific factors coupled with personal  net
    34  worth  or  small  business eligibility requirements pursuant to subdivi-
    35  sions nineteen and twenty of section three hundred ten of this  article,
    36  respectively,  have led to the significant exclusion of businesses owned
    37  by minority group members or women in that industry,  grant  provisional
    38  MWBE  certification  status to applicants from that designated industry,
    39  provided, however, that all other eligibility requirements  pursuant  to
    40  subdivision  seven or fifteen of section three hundred ten of this arti-
    41  cle, as applicable, are satisfied. Any industry-based determination made
    42  under this section by the director shall be made widely available to the
    43  public and posted on the division's website.
    44    5. With the exception of provisional MWBE certification,  as  provided
    45  for  in  subdivision  twenty-three  of section three hundred ten of this
    46  article, all minority and women-owned business enterprise certifications
    47  shall be valid for a period of [three] five years.
    48    § 7. Section 315 of the executive law, as added by chapter 261 of  the
    49  laws  of  1988, subdivision 3 as amended and subdivisions 4, 5, 6, and 7
    50  as added by chapter 175 of the laws of  2010,  is  amended  to  read  as
    51  follows:
    52    § 315. Responsibilities  of  contracting agencies. 1. Each contracting
    53  agency shall be responsible for monitoring  state  contracts  under  its
    54  jurisdiction, and recommending matters to the office respecting non-com-
    55  pliance  with the provisions of this article so that the office may take
    56  such action as is appropriate to [insure]  ensure  compliance  with  the

        S. 1508--A                         135                        A. 2008--A
     1  provisions  of  this  article, the rules and regulations of the director
     2  issued hereunder and the contractual  provisions  required  pursuant  to
     3  this  article.  All contracting agencies shall comply with the rules and
     4  regulations  of the office and are directed to cooperate with the office
     5  and to furnish to the office such information and assistance as  may  be
     6  required in the performance of its functions under this article.
     7    2.  [Each  contracting  agency  shall provide to prospective bidders a
     8  current copy of the directory of certified businesses, and a copy of the
     9  regulations required pursuant to sections three hundred twelve and three
    10  hundred thirteen of this article at  the  time  bids  or  proposals  are
    11  solicited.
    12    3.]  Each contracting agency shall report to the director with respect
    13  to activities undertaken to promote employment of minority group members
    14  and women and promote and increase participation by certified businesses
    15  with respect to state contracts and subcontracts. Such reports shall  be
    16  submitted  periodically,  but  not  less  frequently  than  annually, as
    17  required by the director, and  shall  include  such  information  as  is
    18  necessary  for  the director to determine whether the contracting agency
    19  and any contractor to the contracting  agency  have  complied  with  the
    20  purposes  of  this  article, including, without limitation, a summary of
    21  all waivers of the requirements of subdivisions six and seven of section
    22  three hundred thirteen of this article allowed by the contracting agency
    23  during the period covered by the report, [including a description of the
    24  basis of the waiver request and the  rationale  for  granting  any  such
    25  waiver]  any  instances  in  which  the  contracting agency has deemed a
    26  contractor to have committed  a  violation  pursuant  to  section  three
    27  hundred sixteen of this article and such other information as the direc-
    28  tor  shall require. Each agency shall also include in such annual report
    29  whether or not it has been required to prepare a remedial plan, and,  if
    30  so,  the  plan and the extent to which the agency has complied with each
    31  element of the plan.
    32    [4.] 3. The division of  minority  and  women's  business  development
    33  shall  issue an annual report which: (a) summarizes the report submitted
    34  by each contracting agency pursuant to subdivision [three] two  of  this
    35  section;  (b)  contains  such  comparative  or  other information as the
    36  director deems appropriate, including but not limited to goals  compared
    37  to actual participation of minority and women-owned business enterprises
    38  in  state  contracting,  to evaluate the effectiveness of the activities
    39  undertaken by each such contracting agency to promote increased  partic-
    40  ipation  by certified minority or women-owned businesses with respect to
    41  state contracts and subcontracts; (c) contains a summary of all  waivers
    42  of  the  requirements  of  subdivisions  six  and seven of section three
    43  hundred thirteen of this article  allowed  by  each  contracting  agency
    44  during the period covered by the report, [including a description of the
    45  basis  of  the waiver request and the contracting agency's rationale for
    46  granting any such waiver] and; (d) [describes any efforts  to  create  a
    47  database  or  other  information storage and retrieval system containing
    48  information relevant to contracting with minority and women-owned  busi-
    49  ness  enterprises; and (e)] contains a summary of (i) all determinations
    50  of violations of this article by a contractor or  a  contracting  agency
    51  made  during the period covered by the annual report pursuant to section
    52  three hundred sixteen-a of this article and (ii) the penalties or  sanc-
    53  tions,  if  any, assessed in connection with such determinations and the
    54  rationale for such penalties or sanctions. Copies of the  annual  report
    55  shall  be  provided  to the commissioner, the governor, the comptroller,
    56  the temporary president of the senate, the speaker of the assembly,  the

        S. 1508--A                         136                        A. 2008--A
     1  minority  leader  of the senate, the minority leader of the assembly and
     2  shall also be made widely available  to  the  public  via,  among  other
     3  things,  publication on a website maintained by the division of minority
     4  and women's business development.
     5    [5.] 4. Each agency shall include in its annual report to the governor
     6  and legislature pursuant to section one hundred sixty-four of [the exec-
     7  utive  law]  this  chapter its annual goals for contracts with minority-
     8  owned  and  women-owned  business  enterprises,  the  number  of  actual
     9  contracts issued to minority-owned and women-owned business enterprises;
    10  and a summary of all waivers of the requirements of subdivisions six and
    11  seven  of  section three hundred thirteen of this article allowed by the
    12  reporting agency during the preceding year, including a  description  of
    13  the  basis  of  the  waiver  request and the rationale for granting such
    14  waiver. Each agency shall also include in such annual report whether  or
    15  not  it  has  been  required to prepare a remedial plan, and, if so, the
    16  plan and the extent to which the agency has complied with  each  element
    17  of the plan.
    18    [6.]  5. Each contracting agency that substantially fails to [meet the
    19  goals supported by the disparity  study,]  make  good  faith  effort  as
    20  defined  by  regulation of the director, to achieve the maximum feasible
    21  participation of minority and women-owned business enterprises  in  such
    22  agency's contracting shall be required to submit to the director a reme-
    23  dial action plan to remedy such failure.
    24    [7.] 6. If it is determined by the director that any agency has failed
    25  to  act in good faith to implement the remedial action plan, pursuant to
    26  subdivision [six] five of this section within  one  year,  the  director
    27  shall  provide written notice of such a finding, which shall be publicly
    28  available, and direct implementation of remedial actions to:
    29    (a) assure that sufficient and effective solicitation efforts to women
    30  and minority-owned business enterprises are being made by said agency;
    31    (b) divide contract requirements,  when  economically  feasible,  into
    32  quantities  that  will  expand  the participation of women and minority-
    33  owned business enterprises;
    34    (c) eliminate extended experience or capitalization requirements, when
    35  programmatically and economically feasible,  that  will  expand  partic-
    36  ipation by women and minority-owned business enterprises;
    37    (d) identify specific proposed contracts as particularly attractive or
    38  appropriate  for  participation  by  women  and  minority-owned business
    39  enterprises with such identification to result from and be coupled  with
    40  the efforts of paragraphs (a), (b), and (c) of this subdivision; and
    41    (e)  upon  a finding by the director that an agency has failed to take
    42  affirmative measures to implement the remedial plan and to follow any of
    43  the remedial actions set forth by the director, and in  the  absence  of
    44  any  objective  progress towards the agency's goals, require some or all
    45  of the agency's procurement, for a specified period of time,  be  placed
    46  under the direction and control of another agency or agencies.
    47    §  8.  Section  316-a of the executive law, as added by chapter 175 of
    48  the laws of 2010, is amended to read as follows:
    49    § 316-a. Prohibitions  in  contracts;  violations.  Every  contracting
    50  agency  shall  include  a  provision  in  its  state contracts expressly
    51  providing that any contractor who willfully and intentionally  fails  to
    52  make  a  good  faith  effort to comply with the minority and women-owned
    53  participation requirements of this article as set forth  in  such  state
    54  contract  shall  be  liable  to the contracting agency for liquidated or
    55  other appropriate damages and shall provide for other appropriate  reme-
    56  dies  on  account  of  such  breach. A contracting agency that elects to

        S. 1508--A                         137                        A. 2008--A
     1  proceed against a contractor for breach of contract as provided in  this
     2  section  shall be precluded from seeking enforcement pursuant to section
     3  three hundred sixteen  of  this  article;  provided  however,  that  the
     4  contracting  agency  shall  include a summary of all enforcement actions
     5  undertaken pursuant to this  section  in  its  annual  report  submitted
     6  pursuant to [subdivision three of] section three hundred fifteen of this
     7  article.
     8    § 9. Subdivision 6 of section 163 of the state finance law, as amended
     9  by chapter 569 of the laws of 2015 is amended to read as follows:
    10    6. Discretionary buying thresholds. Pursuant to guidelines established
    11  by the state procurement council: the commissioner may purchase services
    12  and  commodities in an amount not exceeding eighty-five thousand dollars
    13  without a  formal  competitive  process;  state  agencies  may  purchase
    14  services  and  commodities  in  an  amount  not exceeding fifty thousand
    15  dollars without a formal competitive process;  and  state  agencies  may
    16  purchase  commodities  or services from small business concerns or those
    17  certified pursuant to articles fifteen-A and seventeen-B of  the  execu-
    18  tive  law,  or commodities or technology that are recycled or remanufac-
    19  tured, or commodities that are food, including milk and  milk  products,
    20  grown,  produced or harvested in New York state in an amount not exceed-
    21  ing [two] four hundred thousand dollars  without  a  formal  competitive
    22  process.
    23    §  10.  Subparagraph  (i) of paragraph (b) of subdivision 3 of section
    24  2879 of the public authorities law, as amended by  chapter  174  of  the
    25  laws of 2010, is amended to read as follows:
    26    (i)  for the selection of such contractors on a competitive basis, and
    27  provisions relating to the circumstances under which the  board  may  by
    28  resolution  waive  competition,  including,  notwithstanding  any  other
    29  provision of  law  requiring  competition,  the  purchase  of  goods  or
    30  services  from  small business concerns [or] those certified as minority
    31  or women-owned business enterprises, or goods  or  technology  that  are
    32  recycled  or  remanufactured,  in  an  amount  not  to exceed [two] four
    33  hundred thousand dollars without a formal competitive process;
    34    § 11. Paragraph (a) of subdivision 3 of section  139-j  of  the  state
    35  finance  law  is  amended  by adding two new subparagraphs 10 and 11 are
    36  added to read as follows:
    37    (10) Complaints by minority-owned business enterprises or  women-owned
    38  business  enterprises, certified as such by the division of minority and
    39  women's business development, to the minority and  women-owned  business
    40  enterprise  statewide  advocate  concerning  the  procuring governmental
    41  entity's failure to  comply  with  the  requirements  of  section  three
    42  hundred fifteen of the executive law;
    43    (11)  Communications  between  the  minority  and women-owned business
    44  enterprise statewide advocate and the procuring governmental  entity  in
    45  furtherance of an investigation of the minority and women-owned business
    46  enterprise statewide advocate pursuant to section three hundred twelve-a
    47  of the executive law.
    48    §  12.  Subdivision  6  of  section  8 of the public buildings law, as
    49  amended by chapter 840 of the laws  of  1980,  is  amended  to  read  as
    50  follows:
    51    6.  All  contracts  for amounts in excess of five thousand dollars for
    52  the work of construction, reconstruction, alteration, repair or improve-
    53  ment of any state building, whether constructed  or  to  be  constructed
    54  must  be  offered  for  public  bidding and may be awarded to the lowest
    55  responsible and reliable bidder, as will best promote the public  inter-
    56  est,  by  the  said  department or other agency with the approval of the

        S. 1508--A                         138                        A. 2008--A
     1  comptroller for the whole or any part of the work to be performed,  and,
     2  in the discretion of the said department or other agency, such contracts
     3  may be sublet; provided, however, that no such contract shall be awarded
     4  to  a  bidder  other  than  the  lowest responsible and reliable bidder,
     5  except for certain contracts awarded to minority or women-owned business
     6  enterprises as provided herein, without  the  written  approval  of  the
     7  comptroller.  When a proposal consists of unit prices of items specified
     8  to be performed, except for certain contracts  awarded  to  minority  or
     9  women-owned  business  enterprises  as  provided  herein, the lowest bid
    10  shall be deemed to be that which specifically states  the  lowest  gross
    11  sum for which the entire work will be performed, including all the items
    12  specified in the proposal thereof. The lowest bid shall be determined by
    13  the  commissioner  of general services on the basis of the gross sum for
    14  which the entire work will be performed, arrived at by a correct  compu-
    15  tation  of  all the items specified in the proposal therefor at the unit
    16  prices contained in the bid.  Provided, however, that where a  responsi-
    17  ble  and  reliable  bidder certified as a minority-owned business enter-
    18  prise or women-owned business enterprise pursuant to  article  fifteen-A
    19  of  the executive law submits a bid of one million four hundred thousand
    20  dollars or less, as adjusted annually for  inflation  beginning  January
    21  first, two thousand twenty, the bid of the minority or women-owned busi-
    22  ness enterprise shall be deemed the lowest bid unless it exceeds the bid
    23  of any other bidder by more than ten percent.
    24    §  13. The penal law is amended by adding a new article 181 to read as
    25  follows:
    26                                 ARTICLE 181
    27              MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD
    28  Section 181.00 Definitions.
    29          181.10 Minority or women-owned business enterprise fraud in  the
    30                   third degree.
    31          181.20 Minority  or women-owned business enterprise fraud in the
    32                   second degree.
    33          181.30 Minority or women-owned business enterprise fraud in  the
    34                   first degree.
    35  § 181.00 Definitions.
    36    1.  "Minority-owned  business  enterprise" means a business enterprise
    37  certified as such pursuant to article fifteen-A of the executive law.
    38    2. "State  contract"  shall  have  the  same  meaning  as  in  article
    39  fifteen-A of the executive law.
    40    3.  "Women-owned  business  enterprise"  means  a  business enterprise
    41  certified as such pursuant to article fifteen-A of the executive law.
    42  § 181.10 Minority or women-owned business enterprise fraud in the  third
    43              degree.
    44    A  person  is  guilty  of  minority or women-owned business enterprise
    45  fraud in the third degree when he or she knowingly  provides  materially
    46  false  information  or  omits material information concerning the use or
    47  identification of a minority or women-owned business enterprise for  the
    48  purpose  of being awarded, or demonstrating compliance with the minority
    49  and women-owned business participation requirements of a state contract.
    50    Minority or women-owned business enterprise fraud in the third  degree
    51  is a class A misdemeanor.
    52  § 181.20 Minority or women-owned business enterprise fraud in the second
    53              degree.

        S. 1508--A                         139                        A. 2008--A
     1    A  person  is  guilty  of  minority or women-owned business enterprise
     2  fraud in the second degree when he or she knowingly provides  materially
     3  false  information  or  omits material information concerning the use or
     4  identification of a minority or women-owned business enterprise for  the
     5  purpose  of being awarded, or demonstrating compliance with the minority
     6  and  women-owned  business  participation  requirements  of,   a   state
     7  contract,  and  the state contract is valued in excess of fifty thousand
     8  dollars.
     9    Minority or women-owned business enterprise fraud in the second degree
    10  is a class E felony.
    11  § 181.30 Minority or women-owned business enterprise fraud in the  first
    12              degree.
    13    A  person  is  guilty  of  minority or women-owned business enterprise
    14  fraud in the first degree when he or she knowingly  provides  materially
    15  false  information  or  omits material information concerning the use or
    16  identification of a minority or women-owned business enterprise for  the
    17  purpose  of being awarded, or demonstrating compliance with the minority
    18  and women-owned business  enterprise  participation  requirements  of  a
    19  state  contract,  and  the  state  contract  is  valued in excess of one
    20  million dollars.
    21    Minority or women-owned business enterprise fraud in the first  degree
    22  is a class D felony.
    23    § 14. The opening paragraph of subdivision (h) of section 121 of chap-
    24  ter  261  of  the laws of 1988, amending the state finance law and other
    25  laws relating to the  New  York  state  infrastructure  trust  fund,  as
    26  amended  by  section 1 of part OOO of chapter 59 of the laws of 2018, is
    27  amended to read as follows:
    28    The provisions of sections sixty-two through  sixty-six  of  this  act
    29  shall  expire and be deemed repealed on December thirty-first, two thou-
    30  sand [nineteen] twenty-four, except that:
    31    § 15. The executive law is amended by adding a new article 28 to  read
    32  as follows:
    33                                 ARTICLE 28
    34                         WORKFORCE DIVERSITY PROGRAM
    35  Section 821. Definitions.
    36          822. Workforce participation goals.
    37          823. Reporting.
    38          824. Enforcement.
    39          825. Powers and responsibilities of the division.
    40          826. Severability.
    41    § 821. Definitions. As used in this article, the following terms shall
    42  have the following meanings:
    43    1.  "Contractor"  shall  mean  an  individual,  a business enterprise,
    44  including a sole proprietorship, a partnership, a  corporation,  a  not-
    45  for-profit  corporation,  or  any  other party to a state contract, or a
    46  bidder in conjunction with the award of a state contract or  a  proposed
    47  party to a state contract.
    48    2. "Department" shall mean the department of labor.
    49    3.  "Director" shall mean the director of the division of minority and
    50  women's business development.
    51    4. "Disparity study" shall mean the most recent study  of  disparities
    52  between  the  utilization  of  minority  group  members and women in the
    53  performance of state contracts and the availability  of  minority  group

        S. 1508--A                         140                        A. 2008--A
     1  members and women to perform such work by the director pursuant to arti-
     2  cle fifteen-A of this chapter.
     3    5.  "Division"  shall  mean  the  department of economic development's
     4  division of minority and women's business development.
     5    6. "List of non-compliant contractors" shall mean a list  of  contrac-
     6  tors and subcontractors, maintained by the division and published on the
     7  website  of the division, that are ineligible to participate as contrac-
     8  tors or subcontractors in the performance of state contracts for a  term
     9  determined by the director.
    10    7.  "Minority  group  member"  shall  mean  a United States citizen or
    11  permanent resident alien who is and can demonstrate membership in one of
    12  the following groups:
    13    (a) Black persons having origins in any of the  Black  African  racial
    14  groups;
    15    (b)  Hispanic/Latino  persons  of  Mexican,  Puerto  Rican, Dominican,
    16  Cuban, Central or South American of either Indian  or  Hispanic  origin,
    17  regardless of race;
    18    (c) Native American or Alaskan native persons having origins in any of
    19  the original peoples of North America;
    20    (d)  Asian  and  Pacific Islander persons having origins in any of the
    21  Far East countries, South East Asia,  the  Indian  subcontinent  or  the
    22  Pacific Islands.
    23    8. "Non-compliant contractor" shall mean a contractor or subcontractor
    24  that  has  failed  to  make  a  good  faith effort to meet the workforce
    25  participation goal established by a state agency on  a  state  contract,
    26  and  has  been  listed  by  the  division  on  its list of non-compliant
    27  contractors.
    28    9. "State agency" shall mean (a)(i) any state department, or (ii)  any
    29  division,  board, commission or bureau of any state department, or (iii)
    30  the state university of New York and the city university  of  New  York,
    31  including  all their constituent units except community colleges and the
    32  independent institutions operating statutory  or  contract  colleges  on
    33  behalf  of  the  state, or (iv) a board, a majority of whose members are
    34  appointed by the governor or who serve by virtue of being state officers
    35  or employees as defined in subparagraph (i), (ii) or (iii) of  paragraph
    36  (i)  of  subdivision one of section seventy-three of the public officers
    37  law.
    38    (b) a "state authority," as defined in subdivision one of section  two
    39  of the public authorities law, and the following:
    40  Albany County Airport Authority;
    41  Albany Port District Commission;
    42  Alfred, Almond, Hornellsville Sewer Authority;
    43  Battery Park City Authority;
    44  Cayuga County Water and Sewer Authority;
    45  (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
    46  Corporation;
    47  Industrial Exhibit Authority;
    48  Livingston County Water and Sewer Authority;
    49  Long Island Power Authority;
    50  Long Island Rail Road;
    51  Long Island Market Authority;
    52  Manhattan and Bronx Surface Transit Operating Authority;
    53  Metro-North Commuter Railroad;
    54  Metropolitan Suburban Bus Authority;
    55  Metropolitan Transportation Authority;
    56  Natural Heritage Trust;

        S. 1508--A                         141                        A. 2008--A
     1  New York City Transit Authority;
     2  New York Convention Center Operating Corporation;
     3  New York State Bridge Authority;
     4  New York State Olympic Regional Development Authority;
     5  New York State Thruway Authority;
     6  Niagara Falls Public Water Authority;
     7  Niagara Falls Water Board;
     8  Port of Oswego Authority;
     9  Power Authority of the State of New York;
    10  Roosevelt Island Operating Corporation;
    11  Schenectady Metroplex Development Authority;
    12  State Insurance Fund;
    13  Staten Island Rapid Transit Operating Authority;
    14  State University Construction Fund;
    15  Syracuse Regional Airport Authority;
    16  Triborough Bridge and Tunnel Authority;
    17  Upper Mohawk Valley Regional Water Board;
    18  Upper Mohawk Valley Regional Water Finance Authority;
    19  Upper Mohawk Valley Memorial Auditorium Authority;
    20  Urban Development Corporation and its subsidiary corporations.
    21    (c)  the  following only to the extent of state contracts entered into
    22  for its own account or for the benefit of a state agency as  defined  in
    23  paragraph (a) or (b) of this subdivision:
    24  Dormitory Authority of the State of New York;
    25  Facilities Development Corporation;
    26  New York State Energy Research and Development Authority;
    27  New York State Science and Technology Foundation.
    28    10.  "State  contract" shall mean: (a) a written agreement or purchase
    29  order instrument, providing for a total expenditure in excess  of  fifty
    30  thousand  dollars, whereby a state agency is committed to expend or does
    31  expend or grant funds in return for labor, services  including  but  not
    32  limited  to  legal, financial and other professional services, supplies,
    33  equipment,  materials  or  any  combination  of  the  foregoing,  to  be
    34  performed on behalf of, for, or rendered or furnished to the state agen-
    35  cy;  (b)  a  written agreement in excess of one hundred thousand dollars
    36  whereby a state agency is committed to expend or does  expend  or  grant
    37  funds  for the acquisition, construction, demolition, replacement, major
    38  repair or renovation of real property and improvements thereon; and  (c)
    39  a  written  agreement  in excess of one hundred thousand dollars whereby
    40  the owner of a state assisted housing project is committed to expend  or
    41  does   expend  funds  for  the  acquisition,  construction,  demolition,
    42  replacement, major repair or renovation of real  property  and  improve-
    43  ments thereon for such project.
    44    11.  "Subcontractor"  shall mean any individual or business enterprise
    45  that provides goods or services to any individual or business for use in
    46  the performance of a state  contract,  whether  or  not  such  goods  or
    47  services are provided to a party to a state contract.
    48    §  822.  Workforce participation goals.  1. The director, in consulta-
    49  tion with the department,  shall  develop  aspirational  goals  for  the
    50  utilization  of  minority  group members and women in any trade, profes-
    51  sion, occupation, or categories thereof.
    52    (a) Aspirational goals for the utilization of minority  group  members
    53  and  women  must  set forth the expected participation of minority group
    54  members and women in each trade, profession, and occupation, or  catego-
    55  ries  thereof  and shall be expressed as a percentage of the total hours
    56  of work to be performed by each trade, profession, and occupation  based

        S. 1508--A                         142                        A. 2008--A
     1  on  the  availability  of  minority  group members and women within each
     2  trade, profession, and occupation or categories thereof.
     3    (i) The aspirational goals shall set forth separate levels of expected
     4  participation  by  men and women for each minority group, and for Cauca-
     5  sian women, in each trade,  profession,  and  occupation  of  categories
     6  thereof.
     7    (ii)  Aspirational  goals  for  the expected participation of minority
     8  group members and women shall be established  for  each  county  of  the
     9  state.  The  director  may establish aspirational goals for the expected
    10  participation of minority group members  and  women  for  municipalities
    11  where the director deems feasible and appropriate.
    12    (iii)  The  director  shall,  in  establishing the aspirational goals,
    13  consider the findings of the most recent disparity study and  any  rele-
    14  vant data published by the United States Census Bureau.
    15    (b)  The  director  shall  update the aspirational goals on a periodic
    16  basis, no less than biannually.
    17    2. State agencies shall, for each invitation  for  bids,  request  for
    18  proposals,  or  other  solicitation  that  will result in the award of a
    19  state contract, set forth the expected degree of workforce participation
    20  by minority group members and women.
    21    (a) Each workforce participation goal established by  a  state  agency
    22  shall  set  forth  the expected level of participation by minority group
    23  members and women in the performance  of  each  trade,  profession,  and
    24  occupation required in the performance of the contract.
    25    (b)  Goals  for  the participation of minority group members and women
    26  shall set forth separate goals for each of the following groups in  each
    27  trade, profession, and occupation or categories thereof:
    28    (i) Black men;
    29    (ii) Black women;
    30    (iii) Hispanic men;
    31    (iv) Hispanic women;
    32    (v) Native American men;
    33    (vi) Native American women;
    34    (vii) Asian men;
    35    (viii) Asian women;
    36    (ix) Caucasian women.
    37    (c)  In  establishing  workforce  participation  goals, state agencies
    38  shall consider factors including, but not limited to:
    39    (i) the findings of the disparity study;
    40    (ii) any relevant data published by the United States  Census  Bureau;
    41  and
    42    (iii)  if  applicable,  any aspirational goal established by the divi-
    43  sion.
    44    (d) In any case where a state agency establishes a  workforce  partic-
    45  ipation  goal on an invitation for bids, request for proposals, or other
    46  solicitation that will result in the award  of  a  state  contract  that
    47  deviates from the aspirational goal for work or service in the county or
    48  municipality  in  which the work or service will be performed, the state
    49  agency shall document numerical evidence demonstrating that the applica-
    50  tion of the aspirational goal  would  not  be  practical,  feasible,  or
    51  appropriate.
    52    3.  Every contractor responding to an invitation for bids, request for
    53  proposals, or other solicitation that will result  in  the  award  of  a
    54  state contract subject to workforce participation goals pursuant to this
    55  section  shall  agree  to make a good faith effort to achieve such work-
    56  force participation goal or request a waiver of such goal.

        S. 1508--A                         143                        A. 2008--A
     1    (a) A contractor that certifies that it will make a good faith  effort
     2  to  achieve  a  workforce  participation  goal  shall  provide  with its
     3  response to the applicable invitation for bids, request  for  proposals,
     4  or other solicitation:
     5    (i) A certification stating that the contractor will make a good faith
     6  effort  to  achieve the applicable workforce participation goal and will
     7  contractually require any subcontractors to the  contractor  to  make  a
     8  good faith effort to achieve the applicable workforce participation goal
     9  in  any  subcontracted  work, which certification shall acknowledge that
    10  failure by the contractor or any of its subcontractors to  make  a  good
    11  faith  effort to achieve the applicable workforce participation goal may
    12  result in a determination by  the  contracting  state  agency  that  the
    13  contractor or its subcontractor is a non-compliant contractor;
    14    (ii)  The level of anticipated participation by minority group members
    15  and women as employees to the contractor, or, if the  state  agency  has
    16  specifically  indicated  that such documentation is not required as part
    17  of the response to the invitation for bids, request  for  proposals,  or
    18  other solicitation, a date certain for the submission of such documenta-
    19  tion after the award of the state contract;
    20    (iii)  A list of all subcontractors anticipated to perform work on the
    21  state contract and the level of anticipated  participation  by  minority
    22  group  members  and women as employees to each subcontractor, or, if the
    23  state agency has specifically indicated that such documentation  is  not
    24  required as part of the response to the invitation for bids, request for
    25  proposals,  or  other solicitation, a date certain for the submission of
    26  such documentation after the award of the state contract; and
    27    (iv) Such other information as  the  contracting  state  agency  shall
    28  require.
    29    (b)  A  contractor that requests a waiver of a workforce participation
    30  goal shall provide with its response to the  applicable  invitation  for
    31  bids, request for proposals, or other solicitation:
    32    (i)  Numerical evidence setting forth why the achievement of the work-
    33  force participation goal is not practical, feasible, or  appropriate  in
    34  light  of  the  trades, professions, and occupations required to perform
    35  the work of the state contract;
    36    (ii) Documentation of the contractor's efforts,  and  any  efforts  by
    37  subcontractors  to  the contractor, to promote the inclusion of minority
    38  group members and women in trades, professions, and occupations required
    39  in the performance of the state contract;
    40    (iii) The maximum feasible level of participation  by  minority  group
    41  members  and  women  in each of the trades, professions, and occupations
    42  required in the performance of the work of the state contract;
    43    (iv) The level of anticipated participation by minority group  members
    44  and women as employees to the contractor;
    45    (v)  A  list  of all subcontractors anticipated to perform work on the
    46  state contract and the level of anticipated  participation  by  minority
    47  group members and women as employees to each subcontractor; and
    48    (vi)  Any  other relevant information evidencing that the contractor's
    49  achievement of the workforce participation goal would not be  practical,
    50  feasible, or appropriate.
    51    4.  A  state  agency  shall not award a state contract to a contractor
    52  unless the contractor has (i) certified that it will make a  good  faith
    53  effort  to  achieve  the  applicable  workforce  participation  goal and
    54  provided documentation of the workforce anticipated to perform the  work
    55  of the state contract or (ii) submitted a waiver request which the state
    56  agency  deems  to reflect the maximum feasible participation of minority

        S. 1508--A                         144                        A. 2008--A
     1  group members and women in each of the trades, professions, and  occupa-
     2  tions required in performance of the work of the state contract.
     3    (a)  In  the event that a contractor submits a certification or waiver
     4  request that is accepted by the state agency,  the  state  agency  shall
     5  establish  in  the state contract the expected level of participation by
     6  minority group members and women in each of the trades, professions, and
     7  occupations required in performance of the work of the  state  contract,
     8  require  that  the  contractor  make  good faith efforts to achieve such
     9  workforce participation goals, require that the contractor  require  any
    10  subcontractors  to  make  a  good faith effort to achieve the applicable
    11  workforce participation goal in any  subcontracted  work,  and  indicate
    12  that  the failure of the contractor or any of its subcontractors to make
    13  a good faith effort to achieve  the  workforce  participation  goal  may
    14  result  in  the contractor or subcontractor being deemed a non-compliant
    15  contractor.
    16    (b) In the event that a contractor fails to  submit  a  certification,
    17  waiver  request,  or any other information required by the state agency,
    18  or the state agency determines that a contractor's waiver  request  does
    19  not  demonstrate  that  the  applicable  workforce participation goal is
    20  impractical, unfeasible, or inappropriate, the state agency shall notify
    21  the contractor of the deficiency in writing and provide  the  contractor
    22  five  business  days  to  remedy  the noticed deficiency. A state agency
    23  shall reject any bid or proposal of a contractor that  fails  to  timely
    24  respond  to a notice of deficiency or to provide documentation remedying
    25  the deficiency to the satisfaction of the state agency.
    26    (i) Where failure to remedy any notified deficiency in  the  workforce
    27  utilization  plan  is  a ground for disqualification, that issue and all
    28  other grounds for disqualification shall be stated  in  writing  by  the
    29  contracting  state agency. The contractor shall be entitled to an admin-
    30  istrative hearing, on the record, involving all grounds  stated  by  the
    31  contracting state agency in its notice of the contractor's disqualifica-
    32  tion.  Such  hearing  shall be conducted by the appropriate authority of
    33  the contracting agency to review the determination of  disqualification.
    34  A  final  administrative determination made following such hearing shall
    35  be reviewable in a proceeding commenced under article  seventy-eight  of
    36  the  civil  practice  law  and  rules,  provided that such proceeding is
    37  commenced within thirty days of  the  notice  given  by  certified  mail
    38  return  receipt  requested  rendering such final administrative determi-
    39  nation. Such proceeding shall be commenced in the supreme court,  appel-
    40  late  division,  third department and such proceeding shall be preferred
    41  over all other civil causes except election causes, and shall  be  heard
    42  and  determined in preference to all other civil business pending there-
    43  in, except election matters, irrespective of position on  the  calendar.
    44  Appeals  taken to the court of appeals of the state of New York shall be
    45  subject to the same preference.
    46    § 823. Reporting. 1. State  contracts  shall  require  contractors  to
    47  submit,  and to require any subcontractors to submit, to the contracting
    48  state agency reports documenting the hours worked by  employees  of  the
    49  contractor  and any subcontractors in the performance of the work of the
    50  state contract. Such reports shall be submitted no less frequently  than
    51  monthly for state contracts for construction and quarterly for all other
    52  state  contracts.  Such  reports  shall  identify  the  race, ethnicity,
    53  gender, and trade, profession, or occupation of each employee performing
    54  work on a state contract.
    55    2. State agencies shall submit periodic reports to  the  director,  or
    56  the  designee  of the director, concerning the participation of minority

        S. 1508--A                         145                        A. 2008--A
     1  group members and women in state contracts let by such agencies and such
     2  state agencies' compliance with this  article.  Such  reports  shall  be
     3  submitted  at  such  time, and include such information, as the director
     4  shall  require in regulations. State agencies shall make available their
     5  facilities, books, and records for inspection, upon  reasonable  notice,
     6  by the director or the director's designee.
     7    3.  The department shall provide such assistance as the director shall
     8  require in carrying out the requirements of this section.
     9    § 824. Enforcement.  1. Where it appears  that  a  contractor  cannot,
    10  after  a  good  faith effort, meet the workforce participation goals set
    11  forth in a particular state contract, a contractor may  file  a  written
    12  application  with  the  contracting state agency requesting a partial or
    13  total waiver of such requirements. Such  request  shall  set  forth  the
    14  reasons  for  such  contractor's inability to meet the workforce partic-
    15  ipation goal, specifically describe the reasons for any deviations  from
    16  the  anticipated  workforce participation goal set forth in the contrac-
    17  tor's bid or proposal leading to the award of the  state  contract,  and
    18  describe the efforts by the contractor and any subcontractors to achieve
    19  the  maximum  feasible participation of minority group members and women
    20  in the performance of the work of the state contract. Where the contrac-
    21  tor's inability to achieve the workforce participation goal on  a  state
    22  contract is attributable to the failure of one or more subcontractors to
    23  make good faith efforts to achieve the maximum feasible participation of
    24  minority  group  members and women in the performance of the work of the
    25  state contract, the contractor  shall  identify  such  subcontractor  or
    26  subcontractors to the contracting state agency.
    27    2.  A  state  agency  shall  grant a request for a waiver of workforce
    28  participation goals on a state contract where:
    29    (a) The contractor demonstrates that the contractor  and  its  subcon-
    30  tractors  made good faith efforts to achieve the workforce participation
    31  goal on the state contract, and that insufficient minority group members
    32  or women were available in  the  trades,  professions,  and  occupations
    33  required to perform the work of the state contract; or
    34    (b)  The  contractor contractually required each of its subcontractors
    35  to make a good faith effort to  achieve  the  maximum  feasible  partic-
    36  ipation  of  minority  group members and women in the performance of the
    37  subcontracted work, periodically monitored such subcontractors'  deploy-
    38  ment  of  minority  group  members  and  women in the performance of the
    39  subcontracted work, provided notice to such subcontractors of any  defi-
    40  ciencies  in their deployment of minority group members and women in the
    41  performance of such subcontracted work, and could not achieve the  work-
    42  force participation goal for one or more trades, professions, or occupa-
    43  tions without the good faith efforts of such subcontractors.
    44    3.  Where a state agency denies a contractor's request for a waiver of
    45  workforce participation goals pursuant to this section, the state agency
    46  shall recommend to the director and the department that  the  contractor
    47  be deemed a non-compliant contractor.
    48    4.  Where  a  state  agency grants a request for a waiver of workforce
    49  participation goals pursuant to  this  section  based  on  one  or  more
    50  subcontractors'  failure to make good faith efforts to achieve the maxi-
    51  mum feasible participation of minority group members and  women  in  the
    52  performance  of the subcontracted work, the state agency shall recommend
    53  to the director and the department that the subcontractor  be  deemed  a
    54  non-compliant contractor.
    55    5.  Upon  receipt  of  a  recommendation  from  a  state agency that a
    56  contractor or subcontractor should be deemed a non-compliant contractor,

        S. 1508--A                         146                        A. 2008--A
     1  the director shall, with the assistance of the  department,  review  the
     2  facts  and  circumstances  forming  the  basis of the recommendation and
     3  issue a determination as to whether or not the contractor or subcontrac-
     4  tor should be deemed a non-compliant contractor and, if so, the duration
     5  of  such  status as a non-compliant contractor. In determining the dura-
     6  tion of a contractor's or  subcontractor's  status  as  a  non-compliant
     7  contractor, the director shall consider:
     8    (i) whether the contractor or subcontractor has previously been deemed
     9  a non-compliant contractor;
    10    (ii)  the  number of hours of expected participation by minority group
    11  members and women lost as a result of the  contractor's  or  subcontrac-
    12  tor's  failure  to  make  good  faith  efforts to include minority group
    13  members or women in the performance of one or more state contracts; and
    14    (iii) whether the contractor or subcontractor has offered  to  provide
    15  employment opportunities, training, or other remedial benefits to minor-
    16  ity  group  members or women in relevant trades, professions, or occupa-
    17  tions.
    18    6. A contractor or subcontractor deemed a non-compliant contractor  by
    19  the director may request an administrative hearing before an independent
    20  hearing  officer  to appeal the determination of the director. The deci-
    21  sion of the hearing officer shall be final and may only  be  vacated  or
    22  modified  as provided in article seventy-eight of the civil practice law
    23  and rules upon an application made within  the  time  provided  by  such
    24  article.
    25    7.  Upon a final determination that a contractor or subcontractor is a
    26  non-compliant contractor, the director  shall  list  the  contractor  or
    27  subcontractor  as  such  on  its  website  and indicate the term of such
    28  contractor's or subcontractor's status as a non-compliant contractor.  A
    29  non-compliant  contractor  shall  be  ineligible  to  participate  as  a
    30  contractor or subcontractor on any state contract.
    31    § 825. Powers and responsibilities of the division.   1. The  director
    32  shall  post to the website of the division on or before October first of
    33  each year the aspirational goals for the utilization of  minority  group
    34  members  and  women in certain trades, professions and/or occupations as
    35  required pursuant to section eight hundred twenty-two of this article.
    36    2. The director shall promulgate rules and regulations for the  imple-
    37  mentation of this article, including, but not limited to, procedures for
    38  the  submission  of  certifications  and  workforce utilization plans by
    39  contractors, criteria for granting waivers  of  workforce  participation
    40  goals,  and  the  contents of reports by state agencies concerning their
    41  implementation of the requirements of this article.
    42    3. The division shall, from  time  to  time,  review  the  facilities,
    43  books,  and records of state agencies to ascertain the accuracy of their
    44  reports and their compliance with the requirements of this article.  The
    45  department  shall  provide such assistance as the director shall require
    46  in carrying out the requirements of this section.
    47    § 826. Severability. If any clause, sentence,  paragraph,  section  or
    48  part  of this article shall be adjudged by any court of competent juris-
    49  diction to be invalid, the judgment shall not affect, impair or  invali-
    50  date  the  remainder  thereof, but shall be confined in its operation to
    51  the clause, sentence, paragraph, section or part of this article direct-
    52  ly involved in the controversy in which the  judgment  shall  have  been
    53  rendered.
    54    §  16.  This act shall take effect immediately, and shall be deemed to
    55  have been in full force and effect on and after April 1, 2019; provided,
    56  however, that:

        S. 1508--A                         147                        A. 2008--A
     1    (a) the amendments to article 15-A  of  the  executive  law,  made  by
     2  sections  one, two, three, four, five, six, seven and eight of this act,
     3  shall not affect the expiration of such article and shall expire and  be
     4  deemed expired therewith;
     5    (b)  the  amendments  to section 163 of the state finance law, made by
     6  section nine of this act, shall not affect the expiration and repeal  of
     7  such section, and shall expire and be deemed repealed therewith;
     8    (c)  the amendments to section 139-j of the state finance law, made by
     9  section eleven of this act, shall not affect the expiration  and  repeal
    10  of such section, and shall expire and be deemed repealed therewith;
    11    (d)  subdivision  2-b  of  section 314 of the executive law shall take
    12  effect on the same date and in the same manner as section 1  of  chapter
    13  409 of the laws of 2018 takes effect; and
    14    (e)  section  fifteen  of this act shall expire and be deemed repealed
    15  December 31, 2024.
    16                                   PART BB
    17    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    18  article 44-C to read as follows:
    19                                ARTICLE 44-C
    20                         CONGESTION TOLLING PROGRAM
    21  Section 1701.   Legislative findings and declaration.
    22          1702.   Short title.
    23          1703.   Definitions.
    24          1704.   Establishment of congestion tolling program.
    25          1704-a. Congestion toll.
    26          1705.   Disposition of revenue and penalties.
    27          1706.   Reporting.
    28    §  1701. Legislative findings and declaration. The ongoing failures of
    29  the tracks, signals, switches and  other  transportation  infrastructure
    30  throughout the subway system in the city of New York continue to pose an
    31  imminent  threat  and  have a vast and deleterious impact on the health,
    32  safety, and livelihood of commuters, tourists, resident New Yorkers,  as
    33  well  as  business and commerce in the metropolitan commuter transporta-
    34  tion district, which is the recognized economic engine of the  state  of
    35  New  York,  and thereby have adversely affected the economy of the state
    36  of New York. Temporary actions have been taken to address the safety  of
    37  subway   riders  short  term  including  an  emergency  declaration  and
    38  increased capital funding for the subways in the most  recently  adopted
    39  state  budget. The legislature, however, determines that a long-term and
    40  sustainable solution is necessary in order to ensure stable and reliable
    41  funding to repair and revitalize this significantly important mass tran-
    42  sit asset.
    43    The legislature further finds and declares that traffic congestion  in
    44  the  city  of  New  York  ranks  second worst among cities in the United
    45  States and third worst among cities in the world, and results in signif-
    46  icant cost to the New York metropolitan area economy  and  in  turn  the
    47  state's  economy at estimates exceeding one hundred million dollars over
    48  the next five years. Travel speeds in the city  of  New  York's  central
    49  business  district have dropped more than seventeen percent in two thou-
    50  sand sixteen to an average of 6.8 miles per hour and in Midtown  Manhat-
    51  tan,  the  most  congested  area  of  the city-the area from fifty-ninth
    52  street to thirty-fifth street and from ninth avenue to the  east  river-
    53  the  average vehicular speed is 4.7 miles per hour.  Congestion in these
    54  areas is crippling and impacts the everyday lives of  residents,  commu-

        S. 1508--A                         148                        A. 2008--A
     1  ters,  taxi  and  for-hire  vehicle  traffic,  bus transit and emergency
     2  services.
     3    These  issues  have been recognized by both the Fix NYC Advisory Panel
     4  and the MTA Sustainability Advisory Workgroup as significant impediments
     5  to everyday New Yorkers.
     6    In order to ensure a safe and efficient mass transit system within the
     7  city of New York and to protect the public  health  and  safety  of  New
     8  York's  residents,  a program to establish fees for vehicles entering or
     9  remaining in the most congested area of the state is found to be  neces-
    10  sary and to be a matter of substantial state concern.
    11    §  1702.  Short  title. This act shall be known as and may be cited as
    12  "the congestion tolling program".
    13    § 1703. Definitions. For the purposes  of  this  article,  unless  the
    14  context otherwise requires:
    15    1. "City" means the city of New York.
    16    2.  "Congestion toll" means a toll charged for entry into or remaining
    17  in the congestion tolling zone as described in section seventeen hundred
    18  four of this article.
    19    3. "Congestion tolling program" means the program for  charging  tolls
    20  for  vehicles  that  enter  or remain in the congestion tolling zone and
    21  includes the congestion tolling infrastructure, the  congestion  tolling
    22  collection system and the congestion tolling customer service center.
    23    4.  "Congestion  tolling  zone"  means  the  area described in section
    24  seventeen hundred four of this article for which tolls shall be  charged
    25  for a vehicle's entry into such zone.
    26    5.  "Congestion  tolling  infrastructure" means the devices and struc-
    27  tures including but not limited to gantries and power and  communication
    28  lines  that the Triborough bridge and tunnel authority will plan, design
    29  and construct as part of the congestion tolling program.
    30    6. "Congestion tolling collection system" means the electronic  system
    31  of collecting tolls or other charges using electronic data and/or images
    32  that  the  Triborough  bridge  and  tunnel  authority will plan, design,
    33  install and operate as part of the congestion tolling program.
    34    7. "Congestion tolling customer service  center"  means  the  customer
    35  contact and back-office system and operation services for the collection
    36  of  congestion  tolls and enforcement of congestion toll violations that
    37  the Triborough bridge and tunnel authority will plan, design,  implement
    38  and operate as part of the congestion tolling program.
    39    8.  "Operation  date"  means  the  date determined by the metropolitan
    40  transportation authority and the Triborough bridge and tunnel authority,
    41  which shall not be earlier  than  December  thirty-first,  two  thousand
    42  twenty,  for  the  beginning  of  the  operation  and enforcement of the
    43  congestion tolling program.
    44    9. "Triborough bridge and  tunnel  authority"  means  the  corporation
    45  organized  pursuant  to  section  five  hundred  fifty-two of the public
    46  authorities law as consolidated pursuant to section five hundred  fifty-
    47  two-a  of  the  public  authorities  law or any successor corporation or
    48  corporation into which it may be consolidated.
    49    § 1704. Establishment of congestion tolling program. 1. The  metropol-
    50  itan  transportation  authority  shall  establish the congestion tolling
    51  program.
    52    2. The congestion tolling program will operate in the congestion toll-
    53  ing zone. The congestion tolling zone shall include any roadways, bridg-
    54  es, tunnels, approaches or ramps that are located within, or enter into,
    55  the geographic area in the borough of Manhattan south of  and  inclusive

        S. 1508--A                         149                        A. 2008--A
     1  of  sixtieth  street to the extent practicable but shall not include the
     2  FDR Drive.
     3    3.  (a) Notwithstanding any law to the contrary, the Triborough bridge
     4  and tunnel authority shall plan, design,  construct,  and  maintain  the
     5  congestion  tolling infrastructure. The city of New York shall cooperate
     6  fully with the Triborough bridge and tunnel authority  for  purposes  of
     7  the  planning,  design, construction, timely implementation, and mainte-
     8  nance of the congestion tolling  infrastructure  and  shall  not  unduly
     9  prohibit,  restrict, or delay the installation, operation, construction,
    10  timely implementation, or maintenance of the same.
    11    (b) The Triborough bridge and tunnel  authority  shall  plan,  design,
    12  install,  implement,  operate  and maintain a congestion toll collection
    13  system to collect the congestion toll.
    14    (c) The Triborough bridge and tunnel  authority  shall  plan,  design,
    15  implement and operate a congestion toll customer service center.
    16    (d)  The  congestion  tolling  collection  system  shall  be  planned,
    17  designed, implemented and operated to facilitate payment  of  congestion
    18  tolls  by  various  methods including but not limited to cash, credit or
    19  debit card, check or automated clearing house payment, by  telephone  or
    20  over  the  internet  or  any other method of payment that the Triborough
    21  bridge or tunnel authority may implement.
    22    (e) All procurements of goods, services or construction of any kind by
    23  the Triborough bridge and tunnel authority for  the  congestion  tolling
    24  program shall be deemed to be subject only to the same requirements that
    25  otherwise  apply  to  procurements  by  the Triborough bridge and tunnel
    26  authority.
    27    4.  The  congestion  tolling  infrastructure,  the   congestion   toll
    28  collection  system  and  the  congestion tolling customer service center
    29  shall be completed by the operation date.
    30    5. Responsibility for maintenance of the  congestion  tolling  infras-
    31  tructure  after  the operation date shall be performed by the Triborough
    32  bridge and tunnel authority.
    33    6. The planning, designing, constructing, installing or maintaining of
    34  the congestion tolling program and the planning, designing,  installing,
    35  operating or maintaining of the congestion toll collection system by the
    36  Triborough  bridge  and  tunnel  authority  including  the establishment
    37  consistent with the determination  of  the  mass  transit  expert  panel
    38  established  pursuant  to § 1265-C of the public authorities law by such
    39  authority of congestion tolls, and any other fees or rentals for the use
    40  of its projects and any changes thereafter shall not be subject  to  the
    41  provisions  of  article eight of the environmental conservation law, the
    42  provisions of chapter six of article  forty-three  or  chapter  five  of
    43  title  sixty-two of the rules of the city of New York, or the provisions
    44  of section one hundred ninety-seven-c of  the  New  York  city  charter,
    45  relating  to  a uniform land use review procedure, nor the provisions of
    46  any other local law of the city of New York of like  or  similar  effect
    47  including approvals or charges associated with the use of property owned
    48  and maintained by the city of New York necessary for the installation of
    49  congestion tolling infrastructure.
    50    § 1704-a. Congestion toll. 1. The Triborough bridge and tunnel author-
    51  ity shall have the power, subject to agreements with its bondholders, to
    52  charge  tolls  and  fees  for  vehicles  entering  or  remaining  in the
    53  congestion tolling zone at any time and shall have the power, subject to
    54  agreements with bondholders, to  make  rules  and  regulations  for  the
    55  collection of congestion tolls and the establishment of fees.

        S. 1508--A                         150                        A. 2008--A
     1    2.  No  owner  of  a  for-hire  vehicle that is subject to a surcharge
     2  imposed by article twenty-nine-C of the tax law for a for-hire transpor-
     3  tation trip shall also be charged a congestion  toll  if  it  enters  or
     4  remains in the congestion toll zone as part of such trip.
     5    3. No owner of an emergency vehicle as defined pursuant to section one
     6  hundred  one  of  this  chapter shall be charged a congestion toll if it
     7  enters or remains in the congestion tolling zone.
     8    4. Any vehicle entering the congestion tolling zone using a  vehicular
     9  crossing  known as the Queens Midtown Tunnel, the Hugh Carey Tunnel, the
    10  Holland Tunnel, the Lincoln Tunnel, or the Henry Hudson Bridge shall  be
    11  credited an amount equal to the toll charged to such vehicle for the use
    12  of  such  crossing  immediately  prior  to entry into such zone from the
    13  amount of the congestion toll charged to such vehicle  for  purposes  of
    14  entering the congestion tolling zone.
    15    §  1705.  Disposition  of revenue and penalties. The Triborough bridge
    16  and tunnel authority shall collect congestion tolls  and  establish  and
    17  collect  fees  and  other charges as provided in subdivision twelve-a of
    18  section five hundred fifty-three of the public authorities law.
    19    § 1706. Reporting. Beginning one year after  the  operation  date  and
    20  every  two  years thereafter, the Triborough bridge and tunnel authority
    21  and the metropolitan transportation authority shall report on the effect
    22  of the congestion tolling program on congestion in the  congestion  zone
    23  and  on  mass  transit use including the vehicle-miles traveled for each
    24  trip within the congestion tolling zone for taxis and for-hire vehicles;
    25  the volume and type of vehicles entering the  congestion  tolling  zone;
    26  and transit ridership and average bus speeds within the congestion toll-
    27  ing  zone,  and  on  all  receipts  and  expenditures  relating  to  the
    28  congestion tolling program. The department of transportation of the city
    29  of New York shall be required to assist in gathering  and  providing  to
    30  the  Triborough  bridge  and  tunnel authority congestion data and other
    31  related data as directed by the Triborough bridge and  tunnel  authority
    32  for  purposes  of  compiling  such  report.  The report shall be readily
    33  available to the public, and shall be posted on the authority's  website
    34  and be submitted to the governor, the director of the budget, the tempo-
    35  rary president of the senate, the speaker of the assembly, the mayor and
    36  council  speaker of the city of New York, and the metropolitan transpor-
    37  tation authority capital program review board.
    38    § 2. Subdivision 1 of section 402 of the vehicle and  traffic  law  is
    39  amended by adding a new paragraph (c) to read as follows:
    40    (c)  It  shall  be unlawful for any person to operate, drive or park a
    41  motor vehicle on a toll highway, bridge and/or tunnel facility or  enter
    42  a congestion tolling zone, under the jurisdiction of the tolling author-
    43  ity,  if  such number plate is not easily readable, nor shall any number
    44  plate be covered by glass or any plastic  material,  and  shall  not  be
    45  knowingly covered or coated with any artificial or synthetic material or
    46  substance  that conceals or obscures such number plates or that distorts
    47  a recorded or photographic image of such number plates, and the view  of
    48  such number plates shall not be obstructed by any part of the vehicle or
    49  by anything carried thereon, except for a receiver-transmitter issued by
    50  a  publicly  owned  tolling  facility in connection with electronic toll
    51  collection when such receiver-transmitter is affixed to the exterior  of
    52  a vehicle in accordance with mounting instructions provided by the toll-
    53  ing  facility. For purposes of this paragraph, "tolling authority" shall
    54  mean every public authority which operates a toll highway, bridge and/or
    55  tunnel facility or which charges and collects congestion tolls  as  well
    56  as  the  port  authority  of  New York and New Jersey, a bi-state agency

        S. 1508--A                         151                        A. 2008--A
     1  created by compact set forth in chapter one hundred  fifty-four  of  the
     2  laws of nineteen hundred twenty-one, as amended.
     3    §  3.  Subdivision 8 of section 402 of the vehicle and traffic law, as
     4  amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
     5  648 of the laws of 2006, is amended to read as follows:
     6    8.  The violation of this section shall be punishable by a fine of not
     7  less than twenty-five nor more  than  two  hundred  dollars  except  for
     8  violations  of  paragraph  (c)  of subdivision one of this section which
     9  shall be punishable by a fine of not less than one hundred nor more than
    10  five hundred dollars.
    11    § 4. Subdivision 4 of section 1630 of the vehicle and traffic  law  is
    12  amended to read as follows:
    13    4.  Charging of tolls, taxes, fees, licenses or permits for the use of
    14  the highway or any of its parts or entry into or  remaining  within  the
    15  congestion  tolling  zone  established  by  article forty-four-C of this
    16  chapter, where the imposition thereof is authorized by law.
    17    § 5. Subdivision 9 of section 553 of the  public  authorities  law  is
    18  amended by adding a new paragraph (s) to read as follows:
    19    (s)  The congestion tolling program to the extent specified in article
    20  forty-four-C of the vehicle and traffic law and in this  title,  and  as
    21  directed by the metropolitan transportation authority.
    22    §  6. Section 553 of the public authorities law is amended by adding a
    23  new subdivision 12-a to read as follows:
    24    12-a. To charge tolls and fees  for  vehicles  entering  or  remaining
    25  within the congestion tolling zone and to make rules and regulations for
    26  the collection of such tolls and fees, subject to and in accordance with
    27  such  agreement with bondholders as may be made as hereinafter provided.
    28  Subject to contracts with bondholders, all tolls, fees and other  reven-
    29  ues  derived from the congestion tolling program shall be applied to the
    30  payment of operating, administration, and other  necessary  expenses  of
    31  the  authority  properly allocable to such program and thereafter to the
    32  payment of interest or principal of bonds for such program and if not so
    33  used all remaining congestion tolling funds shall be transferred to  the
    34  metropolitan transportation authority and deposited into the fund estab-
    35  lished by section twelve hundred seventy-j of this chapter and shall not
    36  be  subject  to  distribution under section five hundred sixty-nine-c or
    37  section twelve hundred nineteen-a of this chapter.
    38    § 7. The public authorities law is amended by  adding  a  new  section
    39  1270-j to read as follows:
    40    §  1270-j.  Congestion  tolling capital lockbox fund. 1. The authority
    41  shall establish a fund to be known as  the  congestion  tolling  capital
    42  lockbox  fund which shall be kept separate from and shall not be commin-
    43  gled with any other moneys of the authority. The fund shall  consist  of
    44  all  moneys  transferred  to  the authority by the Triborough bridge and
    45  tunnel authority pursuant to article forty-four-C  of  the  vehicle  and
    46  traffic law and subdivision twelve-a of section five hundred fifty-three
    47  of this chapter.
    48    2. Moneys in the fund may be pledged by the authority to secure bonds,
    49  notes  or other obligations of the authority and related reserves, fees,
    50  costs and expenses, for any metropolitan transportation authority  capi-
    51  tal projects included within the 2020 to 2024 MTA capital program or any
    52  successor programs.  Subject to the provisions of any such pledge, or in
    53  the  event there is no such pledge, any moneys in the congestion tolling
    54  capital lockbox fund may be used by the authority for payment of capital
    55  costs, including debt service and reserve requirements, if any, for  any
    56  metropolitan  transportation  authority capital projects included within

        S. 1508--A                         152                        A. 2008--A
     1  the 2020 to 2024 MTA capital program or any successor  programs.    Such
     2  revenues  shall  only  supplement  and  shall  not supplant any federal,
     3  state, or  local  funds  expended  by  the  metropolitan  transportation
     4  authority,  such authority's affiliates or subsidiaries for such respec-
     5  tive purposes.
     6    3. The authority shall report annually on all  receipts  and  expendi-
     7  tures  of  the  fund.  The report shall detail operating expenses of the
     8  congestion tolling program and all fund expenditures  including  capital
     9  projects. The report shall be readily available to the public, and shall
    10  be  posted  on the authority's website and be submitted to the governor,
    11  the temporary president of the senate, the speaker of the assembly,  the
    12  mayor  and  council of the city of New York, and the metropolitan trans-
    13  portation authority capital program  review  board.    The  metropolitan
    14  transportation authority is prohibited from using or transferring monies
    15  in  the congestion tolling capital lockbox fund to make payments for any
    16  non-capital cost.
    17    § 8. Subdivision 3 of section 165.15 of the penal law  is  amended  to
    18  read as follows:
    19    3. With intent to obtain railroad, subway, bus, air, taxi or any other
    20  public  transportation  service  or  use  of any highway, parkway, road,
    21  bridge or tunnel or enter a congestion tolling zone without  payment  of
    22  the  lawful  charge  or toll therefor, or to avoid payment of the lawful
    23  charge or toll for such transportation service which has  been  rendered
    24  to  him  or for such use of any highway, parkway, road, bridge or tunnel
    25  or entry into a congestion tolling  zone,  he  obtains  or  attempts  to
    26  obtain such service, use or entry or avoids or attempts to avoid payment
    27  therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
    28  tampering, or by unjustifiable failure or refusal to pay; or
    29    § 9. Subdivision 2 of section 87 of the public officers law is amended
    30  by adding a new paragraph (p) to read as follows:
    31    (p) are data or images  produced  by  an  electronic  toll  collection
    32  system  under authority of article forty-four-C of the vehicle and traf-
    33  fic law and in title three of article three of  the  public  authorities
    34  law.
    35    §  10.  Title 11 of Article 5 of the Public Authorities Law is amended
    36  by adding a new section 1265-C to read as follows:
    37    1265-C. Mass transit expert panel.
    38    1.  There  is  hereby  established  the  mass  transit  expert   panel
    39  ("panel"), which shall consist of six members. Members of the panel must
    40  have  an extensive background or executive experience in at least one of
    41  the following areas: auditing; public finance; engineering;  transporta-
    42  tion; transit; management; corporate restructuring and risk management.
    43    2. The panel shall oversee the preparation of a performance and finan-
    44  cial  audit  of  the  capital  and operating budgets of the metropolitan
    45  transportation authority, its subsidiaries, affiliates, and subsidiaries
    46  of affiliates that shall begin to be prepared by the authority upon  the
    47  effective  date of a chapter of the laws of the state of New York estab-
    48  lishing this section, review and approve the capital and operating budg-
    49  ets of the metropolitan transportation authority, review and approve the
    50  metropolitan  transportation  authority's  2020-2024  Capital  Plan  and
    51  successor  plans,  review  and  approve  the metropolitan transportation
    52  authority reorganization plan proposed pursuant to section 1279-e of the
    53  public authorities law, determine the  congestion  toll  amounts,  which
    54  shall  include a variable-pricing structure, no sooner than November 15,
    55  2020 and no later than December 31, 2020, and assess fiscal and program-
    56  matic risk and improve workforce management.

        S. 1508--A                         153                        A. 2008--A
     1    3. For purposes of establishing a congestion toll or tolls, the  panel
     2  shall,  at minimum, ensure that annual revenues and fees collected under
     3  such program, less costs of operation of the same, provide for  revenues
     4  into  the  congestion tolling capital lockbox fund, established pursuant
     5  to  section  twelve  hundred  seventy-j  of  the public authorities law,
     6  necessary to fund fifteen billion dollars for capital projects.
     7    4. The authority, its subsidiaries, affiliates,  and  subsidiaries  of
     8  affiliates,  the  city  of  new  york, and any state agency or authority
     9  shall provide any assistance necessary to assist in  the  completion  of
    10  the  panel's  tasks and promptly respond to any requests for information
    11  or consultation consistent with the purposes of this section.
    12    5. Members of the panel shall serve without compensation.
    13    §11. Severability clause. If any clause, sentence, paragraph, subdivi-
    14  sion, section or part of this act shall be adjudged by a court of compe-
    15  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    16  or invalidate the remainder thereof, but shall be confined in its opera-
    17  tion to the clause, sentence, paragraph, subdivision,  section  or  part
    18  thereof  directly  involved  in  the  controversy in which such judgment
    19  shall have been rendered. It is hereby declared to be the intent of  the
    20  legislature  that  this act would have been enacted even if such invalid
    21  provision had not been included herein.
    22    § 12. This act shall take effect immediately.
    23                                   PART CC
    24    Section 1. Paragraph 1 of subdivision (a) of  section  1180-b  of  the
    25  vehicle  and  traffic law, as amended by chapter 43 of the laws of 2014,
    26  is amended to read as follows:
    27    1. Notwithstanding any other provision of law, the city of New York is
    28  hereby authorized to establish a demonstration program imposing monetary
    29  liability on the owner of a vehicle for failure of an  operator  thereof
    30  to comply with posted maximum speed limits in a school speed zone within
    31  [the]  such  city (i) when a school speed limit is in effect as provided
    32  in paragraphs one and two of subdivision (c) of section  eleven  hundred
    33  eighty  of this article or (ii) when other speed limits are in effect as
    34  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
    35  eighty  of  this  article during the following times: (A) on school days
    36  during school hours and one hour before and one hour  after  the  school
    37  day,  and (B) a period during student activities at the school and up to
    38  thirty minutes immediately before and up to thirty  minutes  immediately
    39  after  such student activities. Such demonstration program shall empower
    40  the city of New York to install photo speed violation monitoring systems
    41  within no more than [one hundred forty] two hundred ninety school  speed
    42  zones within [the] such city at any one time and to operate such systems
    43  within  such  zones  (iii)  when  a  school  speed limit is in effect as
    44  provided in paragraphs one and two of subdivision (c) of section  eleven
    45  hundred  eighty  of  this article or (iv) when other speed limits are in
    46  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    47  hundred eighty of this article during the following times: (A) on school
    48  days during school hours and one hour before  and  one  hour  after  the
    49  school day, and (B) a period during student activities at the school and
    50  up  to  thirty minutes immediately before and up to thirty minutes imme-
    51  diately after such student activities. In selecting a school speed  zone
    52  in  which  to  install  and  operate  a photo speed violation monitoring
    53  system, the city of New York shall consider criteria including, but  not

        S. 1508--A                         154                        A. 2008--A
     1  limited  to  the  speed  data,  crash  history, and the roadway geometry
     2  applicable to such school speed zone. Such  city  shall  prioritize  the
     3  placement  of  photo  speed violation monitoring systems in school speed
     4  zones based upon speed data or the crash history of a school speed zone.
     5  A  photo  speed  violation  monitoring  system shall not be installed or
     6  operated on a  controlled-access  highway  exit  ramp  or  within  three
     7  hundred  feet  along  a  highway  that continues from the end of a cont-
     8  rolled-access highway exit ramp.
     9    § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
    10  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    11  to read as follows:
    12    2.  No  photo  speed  violation  monitoring  system shall be used in a
    13  school speed zone unless (i) on the day it is to be used it has success-
    14  fully passed a self-test of its functions; and (ii) it has undergone  an
    15  annual  calibration  check  performed pursuant to paragraph four of this
    16  subdivision. The city [may] shall install signs  giving  notice  that  a
    17  photo  speed  violation  monitoring  system  is  in use to be mounted on
    18  advance warning signs notifying approaching motor vehicle  operators  of
    19  such  upcoming  school speed zone and/or on speed limit signs applicable
    20  within such school speed zone, in conformance with standards established
    21  in the MUTCD.   Such advance warning signs shall  also,  to  the  extent
    22  authorized  by  the  MUTCD, contain words "speed camera ahead" and be no
    23  more than three hundred feet from such photo speed violation  monitoring
    24  system.
    25    §  3.  Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
    26  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    27  to read as follows:
    28    4. "school speed zone" shall mean a radial distance not to exceed  one
    29  thousand  three hundred twenty feet [on a highway passing] from a school
    30  building, entrance, or exit [of a school abutting on the highway].
    31    § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
    32  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
    33  follows:
    34    (n) If the city adopts a demonstration program pursuant to subdivision
    35  [one]  (a)  of  this  section  it  shall conduct [a] an annual study and
    36  submit a report on the results of the use of photo devices to the gover-
    37  nor, the temporary president of the senate and the speaker of the assem-
    38  bly on or before June first, two thousand nineteen and on the same  date
    39  in each succeeding year in which the demonstratable program is operable.
    40  Such report shall include:
    41    1. the locations where and dates when photo speed violation monitoring
    42  systems were used;
    43    2.  the  aggregate  number,  type and severity of crashes, fatalities,
    44  injuries and property damage reported  within  all  school  speed  zones
    45  within  the  city,  to  the  extent the information is maintained by the
    46  department of motor vehicles of this state;
    47    3. the aggregate number, type and  severity  of  crashes,  fatalities,
    48  injuries  and  property  damage reported within school speed zones where
    49  photo speed violation monitoring systems were used, to  the  extent  the
    50  information  is  maintained  by the department of motor vehicles of this
    51  state;
    52    4. the number of violations recorded within  all  school  speed  zones
    53  within the city, in the aggregate on a daily, weekly and monthly basis;
    54    5.  the  number  of  violations recorded within each school speed zone
    55  where a photo speed violation monitoring system is used, in  the  aggre-
    56  gate on a daily, weekly and monthly basis;

        S. 1508--A                         155                        A. 2008--A
     1    6.  the  number  of  violations recorded within all school speed zones
     2  within the city that were:
     3    (i)  more  than  ten  but not more than twenty miles per hour over the
     4  posted speed limit;
     5    (ii) more than twenty but not more than thirty miles per hour over the
     6  posted speed limit;
     7    (iii) more than thirty but not more than forty miles per hour over the
     8  posted speed limit; and
     9    (iv) more than forty miles per hour over the posted speed limit;
    10    7. the number of violations recorded within  each  school  speed  zone
    11  where a photo speed violation monitoring system is used that were:
    12    (i)  more  than  ten  but not more than twenty miles per hour over the
    13  posted speed limit;
    14    (ii) more than twenty but not more than thirty miles per hour over the
    15  posted speed limit;
    16    (iii) more than thirty but not more than forty miles per hour over the
    17  posted speed limit; and
    18    (iv) more than forty miles per hour over the posted speed limit;
    19    8. the total number of notices  of  liability  issued  for  violations
    20  recorded by such systems;
    21    9.  the number of fines and total amount of fines paid after the first
    22  notice of liability issued for violations recorded by such systems;
    23    10. the number of violations adjudicated and the results of such adju-
    24  dications including  breakdowns  of  dispositions  made  for  violations
    25  recorded by such systems;
    26    11.  the  total  amount  of revenue realized by the city in connection
    27  with the program;
    28    12. the expenses incurred by the city in connection with the  program;
    29  [and]
    30    13. the quality of the adjudication process and its results[.]; and
    31    14.  the effectiveness and adequacy of the hours of operation for such
    32  program to determine the impact on speeding violations and prevention of
    33  crashes.
    34    § 5. The opening paragraph of section 12 of chapter 43 of the laws  of
    35  2014,  amending the vehicle and traffic law, the public officers law and
    36  the general municipal law relating to photo speed  violation  monitoring
    37  systems  in  school  speed  zones in the city of New York, is amended to
    38  read as follows:
    39    This act shall take effect on the thirtieth day after  it  shall  have
    40  become  a  law [and]; provided that sections one through ten of this act
    41  shall expire 4 years after such effective date when upon such  date  the
    42  provisions  of  such  sections of this act shall be deemed repealed; and
    43  provided further that any rules necessary for the implementation of this
    44  act on its effective date shall be promulgated on or before such  effec-
    45  tive date, provided that:
    46    § 6. The opening paragraph of section 15 of chapter 189 of the laws of
    47  2013,  amending  the vehicle and traffic law and the public officers law
    48  relating to establishing in a city with a population of one  million  or
    49  more  a  demonstration  program  implementing speed violation monitoring
    50  systems in school speed zones by means of photo devices, is  amended  to
    51  read as follows:
    52    This  act  shall  take effect on the thirtieth day after it shall have
    53  become a law and shall expire [5 years after such  effective  date  when
    54  upon  such date the provisions of this act shall] and be deemed repealed
    55  July 1, 2022; and provided further that  any  rules  necessary  for  the

        S. 1508--A                         156                        A. 2008--A
     1  implementation of this act on its effective date shall be promulgated on
     2  or before such effective date, provided that:
     3    §  7.  Photo  speed violation monitoring systems within the additional
     4  150 school speed zones authorized for the city of New York by  paragraph
     5  1  of  subdivision (a) of section 1180-b of the vehicle and traffic law,
     6  as amended by section one  of  this  act,  shall  be  authorized  to  be
     7  installed  over  the  3 year period following the effective date of this
     8  act as follows:
     9    (a) in no more than 50 school speed zones during the first such year;
    10    (b) in no more than 50 additional school speed zones during the second
    11  such year; and
    12    (c) in no more than 50 additional school speed zones during the  third
    13  such year.
    14    § 8. Subdivision (m) of section 1180-b of the vehicle and traffic law,
    15  as added by chapter 189 of the laws of 2013, is amended as follows:
    16    (m)  (i)  Nothing  in  this  section  shall  be construed to limit the
    17  liability of an operator of a vehicle for any violation  of  subdivision
    18  (c) or (d) of section eleven hundred eighty of this article.
    19    (ii)  Any penalties, monetary fines, or interest collected pursuant to
    20  this section, attributable to zones in  excess  of  one  hundred  forty,
    21  shall  be  paid  over  by  the fifteenth business day of each succeeding
    22  month to the New York city transit authority to support  capital  initi-
    23  atives for improvements to system safety.
    24    §  9.  Notwithstanding  the  provisions  of  article  5 of the general
    25  construction law, the provisions of:
    26    (a) paragraph (1) of subdivision (a) of section 1180-b of the  vehicle
    27  and  traffic  law,  as  amended  by  section  one of this act, is hereby
    28  revived and shall be deemed to have been in full force and effect on and
    29  after July 25, 2018; and
    30    (b) section 1180-b of the vehicle  and  traffic  law,  as  amended  by
    31  sections  two,  three, four and eight of this act, is hereby revived and
    32  shall be deemed to have been in full  force  and  effect  on  and  after
    33  August 30, 2018.
    34    § 10. This act shall take effect immediately; provided that the amend-
    35  ments  to section 1180-b of the vehicle and traffic law made by sections
    36  one, two, three, four and eight of this act shall not affect the  repeal
    37  of  such  section  and  shall be deemed repealed therewith; and provided
    38  further that the amendments to paragraph 2 of subdivision (a) of section
    39  1180-b of the vehicle and traffic law made by section two  of  this  act
    40  shall take effect on the ninetieth day after it shall have become a law.
    41                                   PART DD
    42    Section  1.  Short  title. This act shall be known and may be cited as
    43  the "Gateway Development Commission Act".
    44    § 2. Gateway Development Commission. 1. a.   Legislative findings  and
    45  intent. The Legislature finds and declares that: the State of New Jersey
    46  and  the  State of New York and their respective citizens share a common
    47  concern to preserve the functionality and strengthen the  resiliency  of
    48  long-distance  and  commuter  rail infrastructure between New Jersey and
    49  New York, including passenger rail infrastructure owned, controlled,  or
    50  utilized  by  the National Railroad Passenger Corporation, also known as
    51  "Amtrak"; the two states and their respective citizens share  the  bene-
    52  fits  of  existing  interstate passenger rail infrastructure between the
    53  two states,  including  the  existing  North  River  Tunnel;  interstate
    54  passenger  rail  service and infrastructure is vital to the economies of

        S. 1508--A                         157                        A. 2008--A
     1  New Jersey and New York;, because of the  passage  of  time  and  damage
     2  caused  by  natural disasters, both states recognize the existing inter-
     3  state passenger rail infrastructure, including the existing North  River
     4  Tunnel,  is  at  risk  of system failures that could result in prolonged
     5  service disruptions that would severely damage the economies of the  two
     6  states  and  many  other  participants  in  the economy of the Northeast
     7  Corridor both states recognize the urgent  need  to  undertake  projects
     8  necessary  to  create  passenger  rail  capacity under the Hudson River,
     9  rehabilitate passenger rail infrastructure, maintain current  levels  of
    10  long-distance  and  commuter  rail  service  between  the two states and
    11  provide additional reliability, safety and  security;  the  citizens  of
    12  both  states  will share the benefits of expanded capacity and rehabili-
    13  tated passenger rail infrastructure between the two  states;  and  there
    14  has  been  a  long  history of cooperation among state and local govern-
    15  mental entities, Amtrak, and various private organizations and  individ-
    16  uals  in  the  two  states  to  ensure  the preservation of a variety of
    17  passenger rail service options. b. The legislature therefore  determines
    18  that  there is a need to endorse and formalize that bi-state cooperative
    19  effort to help ensure that the functionality of long-distance and commu-
    20  ter rail infrastructure between New  Jersey  and  New  York  and  thence
    21  throughout  the  Northeast Corridor, is preserved and maintained for the
    22  benefit of the economy of New Jersey and New York and for the well-being
    23  of present and future generations of citizens in both states;  and  that
    24  the creation of a bi-state commission that shall be a body corporate and
    25  politic  established  by  the  State  of New Jersey and the State of New
    26  York, acting in the public interest  and  exercising  essential  govern-
    27  mental  functions,  is  an  appropriate  means  to accomplish these very
    28  important goals and is not  intended  to  impair,  limit,  diminish,  or
    29  otherwise  affect any right, power, or jurisdiction of the United States
    30  of America or any department, branch, agency, court,  bureau,  or  other
    31  instrumentality  thereof  with respect to any matter, or grant or confer
    32  any right or power on such bi-state commission, or any officer or  trus-
    33  tee  thereof,  to  regulate  commerce between the states.   c. It is the
    34  intention of the legislature that the commission so  created  constitute
    35  an  institution which has been established by the states to effectuate a
    36  public purpose and is therefore eligible to apply for financial  assist-
    37  ance from the United States government, including the agencies thereof.
    38    2.  Definitions.  Except where different meanings are expressly speci-
    39  fied in subsequent provisions of this section, the following terms shall
    40  have the following meanings:
    41    (a) "Act" means the Gateway Development Commission act.
    42    (b) "Amtrak" means the  National  Railroad  Passenger  Corporation,  a
    43  corporation  organized  under 49 U.S.C. § 24101 et. Seq. and the laws of
    44  the District of Columbia.
    45    (c) "Board" means the board of commissioners of the commission.
    46    (d) "Commission" shall mean the gateway development  commission  which
    47  is established pursuant to this act.
    48    (e)  "Facilitate"  means  the planning, designing, financing, acquisi-
    49  tion,  development,  redevelopment,  expansion,   construction,   recon-
    50  struction,  replacement, approval of works, lease, leaseback, licensing,
    51  cosigning,  asset  management,  optimization,  rehabilitation,   repair,
    52  alteration,  improvement,  extension,  management,  ownership,  use  and
    53  effectuation of the matters described in this act. "Facilitation"  shall
    54  have a concomitant meaning.
    55    (f)  "Full Funding" means the sum of commitments to fund, from sources
    56  deemed by the Commission to be creditworthy,  plus  Commission  cash-on-

        S. 1508--A                         158                        A. 2008--A
     1  hand,  plus  any  institution of a tariff or an agreement to impose user
     2  fees not subject to further approvals (if any), plus such other  sources
     3  of funding deemed certain to be available as and when required, found by
     4  the  Commission to be sufficient to facilitate the project or a discrete
     5  component thereof which is beneficial to the public.
     6    (g) "Meeting" means any gathering, whether corporeal or  by  means  of
     7  communication  equipment,  which  is attended by, or open to, the Board,
     8  held with the intent, on the part of the commissioners present,  to  act
     9  as a unit upon the specific public business of the Commission. "Meeting"
    10  does  not mean a gathering (i) attended by less than a quorum of commis-
    11  sioners; (ii) in which the board is engaged in  ordinary  course  super-
    12  vision  of  Commission staff; (iii) in which consideration of Commission
    13  business matters are informally discussed without the intent  or  effect
    14  of  effectuating  any  action  of the Commission; or (iv) attended by or
    15  open to all the members of three or more  similar  public  bodies  at  a
    16  convention or similar gathering.
    17    (h)  "Project"  means  a passenger rail transportation project between
    18  Penn Station, Newark, New Jersey and Penn Station, New  York,  New  York
    19  currently referred to as the "Gateway Program".
    20    (i)  "Public business" means matters which relate in any way, directly
    21  or indirectly, to the performance of the functions of the commission  or
    22  the conduct of its business.
    23    3.  Creation  of the Commission; purposes. There is hereby created the
    24  Gateway Development Commission, a body corporate and politic established
    25  by the State of New Jersey and the State of New  York,  which  shall  be
    26  deemed  to  be  acting  in  the public interest and exercising essential
    27  government functions in taking action hereunder and  which  shall  be  a
    28  public  authority  and a government sponsored authority. The purposes of
    29  the Commission shall include the following:
    30    (a) Facilitate the project;
    31    (b)  Coordinate  activities  of  governmental  entities,  Amtrak,  and
    32  private  entities providing assistance to the project or otherwise regu-
    33  lating the Project, with a view to achieving Full funding, and encourage
    34  and enable such parties  to  participate  in  the  effectuation  of  the
    35  Project;
    36    (c)  act as a coordinating agency to arrange for cooperation among the
    37  federal government, the State of New Jersey, any local government there-
    38  of, the state of New York, any local  government  thereof,  any  agency,
    39  instrumentality, department, commission, or authority of any one or more
    40  of the foregoing, any bi-state agency, Amtrak, any individual or private
    41  firm,  entity or corporation, or with any one or more of them (including
    42  by contract among the parties), for and in connection with  the  Facili-
    43  tation  of the Project for any of the purposes of this act, and to enter
    44  into an agreement or agreements (and from time to  time  to  enter  into
    45  agreements  amending or supplementing the same) with the federal govern-
    46  ment, the State of New Jersey, any local governement thereof, the  state
    47  of  New York, any local government thereof, any agency, instrumentality,
    48  department, commission, or authority of any one or more of  the  forego-
    49  ing, any bi-state agency, Amtrak, any individual or private firm, entity
    50  or corporation, or with any one or more of them, for or relating to such
    51  purposes, including but not limited to agreements with respect to finan-
    52  cial  assistance, loans, grants or any other funding as may be available
    53  for the Project. The Commission  is  hereby  intended  to  qualify  for,
    54  authorized, and empowered to apply for and accept, financial assistance,
    55  loans,  grants,  or  any  other funding for such purposes under federal,
    56  state, or local laws, and to make application directly to the  appropri-

        S. 1508--A                         159                        A. 2008--A
     1  ate  officials or agencies for the application for and receipt of feder-
     2  al, state or local assistance, loans, grants or any other funding in aid
     3  of any of the purposes of this act;
     4    (d) pursue efforts To assist federal or state agencies and other enti-
     5  ties  to fulfill their goals set forth in federal law or the laws of New
     6  York or New Jersey to  further  passenger  rail  transportation  between
     7  states including 49 U.S.C.  §24901, et seq.;
     8    (e)  take  any and all actions authorized by this act which are or may
     9  be necessary or appropriate to constitute  and  maintain  itself  as  an
    10  applicant  eligible  to  qualify  to  apply for and be awarded financial
    11  assistance, loans, grants or other funding as may be available  for  the
    12  Project, including that awarded by federal, state, and local governments
    13  and the agencies thereof; and
    14    (f)  facilitate  the  Project  by  making and enforcing such rules and
    15  regulations and establishing, levying and collecting such  tolls,  fees,
    16  rates, charges and rentals in connection with the Project or any portion
    17  thereof,  as  it  may  deem  necessary or appropriate, which said tolls,
    18  fees, rates, charges and rentals  shall  not  be  established  at  rates
    19  intended  to  be  greater  than  necessary  to  meet the expenses of the
    20  financing, construction, asset management and optimization thereof,  and
    21  to  provide for the payment of, with interest upon, and the amortization
    22  and retirement of bonds or other securities  or  obligations  issued  or
    23  incurred  for  Project  purposes,  including  establishment  of  prudent
    24  reserves, and provided that such tolls, fees, rates, charges and rentals
    25  do not conflict with applicable federal law and the laws of the State of
    26  New Jersey and the State of New York.
    27    4. Board of commissioners.   (a) The Commission shall  act  through  a
    28  vote of its three commissioners: one of which will be directly appointed
    29  by  the Commissioner of the New York State Department of Transportation;
    30  one of which will be directly appointed by the Board of Directors of the
    31  New Jersey Transit Corporation;  and  one  of  which  will  be  directly
    32  appointed  by Amtrak. The commissioner appointed by Amtrak will serve to
    33  represent Amtrak's interest, as owner-operator or user of the  Northeast
    34  Corridor, in the work to be undertaken by the Commission.
    35    (b)  The  Commission's  initial commissioners shall be the individuals
    36  serving as trustees of the Gateway Program  Development  Corporation,  a
    37  New  Jersey non-profit corporation, at the time of the effective date of
    38  this act.  The Gateway Program Development  Corporation  trustees  shall
    39  each  serve an initial term as commissioners of the Commission following
    40  this initial term the commissioners appointed in  accordance  with  this
    41  section shall serve for a term of three years.
    42    (c)  At  the conclusion of a commissioner's term (including an initial
    43  commissioner's term), the commissioner may be reappointed for a  succes-
    44  sive  three  year  term  at  the  pleasure  of  the party who originally
    45  appointed that commissioner (or in the case of the  initial  commission-
    46  ers,  the party who originally appointed that individual as a trustee of
    47  the Gateway Program Development Corporation). A commissioner shall auto-
    48  matically continue to serve following the expiration of the  Commission-
    49  er's  term  until  a successor is appointed in accordance with paragraph
    50  (a) of this subdivision and seated.
    51    (d) In the event that a commissioner ceases to serve before the stated
    52  expiration  of  the  Commissioner's  term,  the  party  that  originally
    53  appointed  the  commissioner  may appoint a replacement to serve out the
    54  remainder of the replaced commissioner's term and thereafter, the vacan-
    55  cy shall be filled as provided for in paragraph (a) of this subdivision.

        S. 1508--A                         160                        A. 2008--A
     1    (e) Commissioners shall serve without compensation, but the Commission
     2  may, within the limits of funds appropriated or otherwise made available
     3  to it, reimburse commissioners for actual expenses necessarily  incurred
     4  in the discharge of their official duties.
     5    (f) The commissioner from the State of New Jersey and the commissioner
     6  from  the  State  of  New  York shall be indemnified by the State of New
     7  Jersey and the State of New York, respectively, to the  same  extent  as
     8  such  state indemnifies a public officer for any claim or judgment aris-
     9  ing out of such public officer's official duties.
    10    5. Organization of the Commission; meetings.   (a)  The  commissioners
    11  shall  select  a  chairperson. The chairperson shall be elected from the
    12  representatives of New Jersey and New York.    The  initial  chairperson
    13  shall be the commissioner who was serving as chairperson of the board of
    14  trustees  of  the  Gateway Program Development Corporation whose term as
    15  chairperson shall continue until the earlier to occur of (i) the date on
    16  which such commissioner's term as the Gateway Program Development Corpo-
    17  ration chairperson would have expired; or (ii) the date  on  which  that
    18  commissioner is otherwise terminated as a commissioner.  Thereafter, the
    19  commissioner  appointed  by  the state which did not appoint the initial
    20  chairperson shall succeed as chairperson. The chairpersonship  shall  be
    21  alternated  between  the  two  states and each chairperson following the
    22  initial chairperson shall serve as chairperson for a term of  one  year.
    23  The commissioner appointed by Amtrak shall serve as vice-chairperson.
    24    (b) The Commission shall meet regularly as it may determine.  Meetings
    25  of  the  Commission shall be held at such times and places as the chair-
    26  person of the Commission deems appropriate, but to  the  maximum  extent
    27  practicable and feasible, meetings shall be held on an alternating basis
    28  in New Jersey and New York.
    29    (c) The powers of the Commission may be exercised by the commissioners
    30  at  a  meeting  duly called and held where a quorum of all three commis-
    31  sioners are present; provided, however, that  in  the  event  a  vacancy
    32  remains  for  ninety days, the powers of the Commission may be exercised
    33  by the commissioners at a meeting duly called and held where all remain-
    34  ing commissioners are present.   Action may be  taken  and  motions  and
    35  resolutions  adopted  by the Commission at any meeting thereof by unani-
    36  mous affirmative vote of  the  commissioners.  The  commissioners  shall
    37  adopt  bylaws providing for attendance protocols, voting procedures, and
    38  other matters related to the conduct of the business of the Commission.
    39    (d) The commission may request the assistance  and  services  of  such
    40  employees  and  agents as it may require and as may be made available to
    41  it for the purpose of carrying out its  duties  under  this  act,  which
    42  agents may include private consultants and persons employed by or acting
    43  as a consultant for the federal government, the state of New Jersey, any
    44  local  government  thereof,  the state of New York, any local government
    45  thereof, any agency, instrumentality, department, commission or authori-
    46  ty of any one or more of the  foregoing,  any  bi-state  agency,  or  of
    47  Amtrak,  and  each such government and enumerated party is authorized to
    48  provide any such assistance and services to the Commission.
    49    (e) The Commission may, within the limits  of  funds  appropriated  or
    50  otherwise  made  available to it for those purposes, employ such profes-
    51  sional,  technical,  clerical  staff  and  consultants  and  incur  such
    52  expenses as it may deem necessary or appropriate in order to perform its
    53  duties.
    54    (f) The legislature finds and declares that the right of the public to
    55  be  present  at  meetings of the Commission, and to witness the deliber-
    56  ation, policy formulation, and decision making  of  the  Commission,  is

        S. 1508--A                         161                        A. 2008--A
     1  vital  to the enhancement and proper functioning of the democratic proc-
     2  ess, and that secrecy in public affairs  undermines  the  faith  of  the
     3  public  in  government  and the public's effectiveness in fulfilling its
     4  role in a democratic society; and declares it to be the public policy of
     5  the state of New Jersey and the state of New York to ensure the right of
     6  its  citizens to have adequate advance notice of and the right to attend
     7  all meetings of the Commission at which any  public  business  is  acted
     8  upon  in  any  way,  except only in those circumstances where the public
     9  interest would be clearly endangered,  the  relevant  matters  are  made
    10  confidential  by  federal or state law, or the personal privacy of indi-
    11  viduals would be clearly in danger of unwarranted invasion.
    12    (g) The Commission shall  adopt  and  promulgate  appropriate  bylaws,
    13  rules  and  regulations concerning the right of the public to be present
    14  at Meetings of the Commission and to obtain records of the  Commission's
    15  activities  or  Public  business. Any rules or regulations adopted here-
    16  under shall become a part of the minutes of the Commission and be posted
    17  on its website.
    18    6. Duties of the Commission. The duties of the Commission shall be  to
    19  use  its efforts to accomplish, at such times as it is appropriate to do
    20  so, the following actions, provided that the Commission shall not be  in
    21  dereliction of its duties so long as it acts in good faith to accomplish
    22  such:
    23    (a)  Make  appropriate  application  for,  and  act as a coordinating,
    24  distributing, or recipient agency for, federal, state, or private  fund-
    25  ing  and  authorizations  necessary  or  appropriate  to  Facilitate the
    26  project;
    27    (b) Cooperate  with  other  agencies  or  authorities  or  departments
    28  (federal,  state,  local,  and bi-state), Amtrak, and private parties to
    29  Facilitate the Project, including entering into agreements specifying  a
    30  party's  rights and obligations with respect to the Project, to create a
    31  Project capable of achieving long-term stability and Full Funding, with-
    32  out obligating the full faith and  credit  of  the  federal  government,
    33  either state or any local government thereof, or any other party, except
    34  as explicitly authorized by any party empowered by law to do so;
    35    (c) Adopt bylaws to govern the conduct of its affairs, and adopt rules
    36  and  regulations,  including  a  conflict of interest policy and code of
    37  ethics for commissioners and officers of the Commission, and make appro-
    38  priate orders to carry out and discharge its powers, duties,  and  func-
    39  tions;
    40    (d)  Expend  such funds as are required to effectuate the purposes set
    41  forth in this section and, until expenditure is required,  to  hold  and
    42  prudently invest funds;
    43    (e)  Recommendation  appropriate  federal, state, and local government
    44  legislation and agency administrative action pertaining to the Project;
    45    (f) Within 18 months of the date the commission organizes and not less
    46  than annually thereafter, prepare a progress report on  its  activities,
    47  and  submit  it,  together  with  any recommendations for state or local
    48  government legislation or agency administrative action to  the  governor
    49  of  the state of New Jersey, the president of the senate of the state of
    50  New Jersey, the speaker of the general assembly  of  the  state  of  New
    51  Jersey,  the  governor of the state of New York, the temporary president
    52  of the senate of the state of New York, and the speaker of the  assembly
    53  of the state of New York; and
    54    (g)  Take  such  other  action  as  may be necessary or appropriate to
    55  further the purposes of this act.

        S. 1508--A                         162                        A. 2008--A
     1    7. Powers of the commission.  The commission shall have the  power  to
     2  undertake the following:
     3    (a)  Facilitate  the  project,  including, but not limited to, through
     4  contracts and agreements and other documents and instruments  which  the
     5  Commission  is  otherwise  authorized  to make, enter into, execute, and
     6  deliver; provided, however, that  the  Commission  shall  not  have  the
     7  authority  to operate or directly engage in transportation services such
     8  that the Commission would be subject to the jurisdiction of the  federal
     9  Surface Transportation Board;
    10    (b)  Sue  and  be  sued in its own name in federal and state courts in
    11  Mercer county, New Jersey and New York county, New York, it being under-
    12  stood that the commissioners shall have no obligation or  liability  for
    13  the acts or omissions of the commission;
    14    (c) Accept, receive, disburse, encumber and expend funds from whatever
    15  source  derived,  including,  without  limitation,  federal  assistance,
    16  grants and loans; state and  local  government  assistance,  grants  and
    17  loans; single state or bi-state agency assistance, grants and loans; and
    18  revenues  received  from  the  deposition  of property; private sources,
    19  grants and loans; and Amtrak grants and loans, in each case  as  may  be
    20  necessary  to  accomplish  any  lawful  purpose  which the commissioners
    21  determine will Facilitate the Project and  achieve  long-term  stability
    22  and Full Funding;
    23    (d)   Acquire  (including,  without  limitation,  by  gift,  purchase,
    24  exchange or condemnation in accordance with  the  requirements  of  this
    25  act),  subdivide,  lease,  license,  take,  and  hold  property of every
    26  description and to manage such  property  and  develop  any  undeveloped
    27  property  owned,  leased,  or  controlled by it in a manner necessary or
    28  appropriate to Facilitate the Project;
    29    (e) Make, procure, enter  into,  execute  and  deliver  contracts  and
    30  agreements  and  other  documents and instruments as may be necessary or
    31  appropriate to carry out any power of the Commission under this act  and
    32  to  otherwise  accomplish  any  lawful  purpose  which the commissioners
    33  determine will Facilitate the Project,  including,  without  limitation,
    34  with the federal government, the State of New Jersey, any local governe-
    35  ment  thereof, the state of New York, with any local government thereof,
    36  with any agency, instrumentality, department, commission or authority of
    37  any one or more of the foregoing, any bi-state agency, Amtrak, any indi-
    38  vidual or private firm, entity or corporation, or with any one  or  more
    39  of them;
    40    (f)  Make applications for and accept funding, permits, authorizations
    41  and approvals as may be  necessary  or  appropriate  to  accomplish  any
    42  lawful  purpose  which  the  commissioners determine will Facilitate the
    43  Project, including, without limitation, with the federal government, the
    44  State of New Jersey, any local government  thereof,  the  State  of  New
    45  York,  any  local  government thereof, with any agency, instrumentality,
    46  department, commission or authority of any one or more of the foregoing,
    47  any bi-state agency, Amtrak, any individual or private firm,  entity  or
    48  corporation, or with any one or more of them;
    49    (g)  Grant  public  and  private  entities the use of the Project or a
    50  portion thereof by way of  franchise,  concession,  license,  lease,  or
    51  otherwise,  provide  for payments to and accept payments from such enti-
    52  ties in exchange for value received from such  use,  work,  or  services
    53  performed  or  otherwise and to establish or agree with Project users on
    54  tolls, fees, rates, charges, revenue sharing, and rentals  for  the  use
    55  thereof,  provided  that such tolls, fees, rates, charges, revenue shar-
    56  ing, and rentals do not conflict with applicable  federal  law  and  the

        S. 1508--A                         163                        A. 2008--A
     1  laws  of the State of New Jersey and the State of New York, and provided
     2  further that the Commission shall not have the authority to set  passen-
     3  ger  fares  for  Amtrak  or  any  publicly  owned and operated passenger
     4  service utilizing the Project;
     5    (h)  Adopt  its  own  public procurement rules and guidelines that the
     6  Commission deems necessary or  appropriate  to  Facilitate  the  Project
     7  through  any combination of means and methods otherwise available to the
     8  Commission under this act, regardless of  whether  such  combination  is
     9  generally  available  to  the  State of New Jersey, any local government
    10  thereof, the State of New York, any local government thereof, any  agen-
    11  cy,  instrumentality,  department, commission or authority of any one or
    12  more of the foregoing, or any bi-state agency, and engage  and  contract
    13  with  third parties in accordance with such procurement rules and guide-
    14  lines;
    15    (i) Dispose of, convey or transfer all or any portion of  the  Project
    16  for  value as may be expeditious for the Facilitation of the Project, so
    17  long as it has determined that the transferee has or is provided with  a
    18  sufficient source of financing to acquire, operate, maintain and own the
    19  Project;
    20    (j)  Issue  and  guarantee  bonds, notes, or other evidence of indebt-
    21  edness, enter into loan agreements and otherwise borrow funds, or  incur
    22  indebtedness  or  other  future  payment  obligations  for any corporate
    23  purpose, including to effectuate Full Funding, and  to  assign,  pledge,
    24  mortgage,  secure,  encumber  and use its funds, assets, properties, and
    25  revenues for repayment thereof, to be payable out of the funds,  assets,
    26  properties, and revenues of the Commission without recourse to taxation,
    27  provided  that  the  Commission  shall  have no power to pledge the full
    28  faith and credit of the federal government, the state of New Jersey, any
    29  local government thereof, the state of New York,  any  local  government
    30  thereof or of Amtrak or the Port Authority of New York and New Jersey in
    31  connection  with the project, or to impose any obligation for payment of
    32  the bonds upon the federal government, the  state  of  New  Jersey,  any
    33  local  government  thereof, the state of New York, any local governement
    34  thereof or of Amtrak or the Port Authority of New York and  New  Jersey,
    35  in each case except as set forth in a binding agreement, or to otherwise
    36  commit  any  party  to  incur any liability in excess of its contractual
    37  obligations in connection with the Project, and  provided  further  that
    38  neither  the  commissioners nor any person executing any bonds issued or
    39  guaranteed by the Commission shall be liable personally on such bonds or
    40  be subject to any personal liability or accountability by reason of  the
    41  issuance thereof;
    42    (k)  Acquire  and  hold  securities  for  investment  purposes  or  in
    43  connection with the Facilitation of the Project;
    44    (l) Appoint, employ, contract  with,  and  compensate  such  officers,
    45  employees  and  agents,  including  engineers,  attorneys,  consultants,
    46  financial advisors, and such other persons or entities as  the  business
    47  of  the  Commission may require and to engage and dismiss such officers,
    48  employees, and agents at will, and fix and provide  for  the  qualifica-
    49  tion,  appointment,  removal,  term,  tenure, compensation, pension, and
    50  retirement rights of its officers and employees;
    51    (m) Obtain insurance as the  Commission  may  deem  advisable  and  to
    52  create  a  captive  insurer to self-insure risk as deemed appropriate by
    53  the Commission;
    54    (n) Cooperate with the federal government, the state  of  New  Jersey,
    55  any  local  government thereof, the state of New York, any local govern-
    56  ment thereof with any local government thereof, with any agency, instru-

        S. 1508--A                         164                        A. 2008--A
     1  mentality, department, commission or authority of any one or more of the
     2  foregoing, any bi-state agency, Amtrak, any individual or private  firm,
     3  entity  or  corporation,  or with any one or more of them, in connection
     4  with the Project, and to enter into an agreement or agreements, notwith-
     5  standing  any  other  provision  of law of the states, general, special,
     6  charter or local, with the federal government, with  the  state  of  New
     7  Jersey,  any  local government thereof, the state of New York, any local
     8  government thereof any agency, instrumentality, department,  commission,
     9  or  authority  of any one or more of the foregoing, any bi-state agency,
    10  Amtrak, any individual or private firm, entity, or corporation, or  with
    11  any one or more of the same for or relating to the Project;
    12    (o)  Indemnify  individuals  and  entities  to  the extent required to
    13  facilitate the project;
    14    (p) Establish or acquire subsidiaries as required  to  Facilitate  the
    15  Project;
    16    (q)  Utilize  the  existing labor force in the states and foster labor
    17  harmony in allowing for adoption of efficient labor work rules and prac-
    18  tices during construction of the Project; and
    19    (r) Exercise all other powers as may be necessary  or  appropriate  in
    20  furtherance of, and consistent with, the purposes of this act.
    21    8.  Exemption  from  taxes,  local  laws.  (a) The Commission shall be
    22  performing essential governmental functions in exercising its powers and
    23  functions and in carrying out the provisions of this act and of any  law
    24  relating  thereto, and shall not be required to pay any taxes or assess-
    25  ments of any character, levied by either state or any  local  government
    26  thereof,  upon  any of the property used by it or its agents or contrac-
    27  tors for the Facilitation of the Project, or any income or revenue ther-
    28  efrom, including any profit from  a  sale,  lease  or  exchange,  or  in
    29  connection  with  the  transfer thereof or of any real property interest
    30  therein. Any bonds or other securities   or obligations  issued  by  the
    31  Commission, their transfer and the interest paid thereon or income ther-
    32  efrom,  including any profit from a sale or exchange, shall at all times
    33  be free from taxation by either state or any subdivision thereof.
    34    (b) The Commission shall, as a matter of policy, conform to the enact-
    35  ments, ordinances, resolutions, and regulations of the respective states
    36  and local governments where the Project is  located  in  regard  to  the
    37  construction  and maintenance of the Project and in regard to health and
    38  fire protection which would be  applicable  if  the  Commission  were  a
    39  private  corporation, to the extent that the Commission finds it practi-
    40  cable so to do, without interfering with, impairing,  or  affecting  the
    41  efficiency  of its purposes under this act, or its ability to effectuate
    42  the Project upon a self-supporting basis, or  its  obligations,  duties,
    43  and responsibilities to the two states, its bondholders, if any, and the
    44  general  public,  but the decision of the Commission as to whether it is
    45  practicable so to do shall be controlling. To that end,  the  Commission
    46  shall submit copies of plans and specifications for buildings and struc-
    47  tures  to the appropriate state and local government officials and shall
    48  consult with them with respect thereto, and shall receive their comments
    49  and suggestions thereon, but the Commission shall make the final  deter-
    50  mination  as to which comments and suggestions to accept in effectuating
    51  the project.
    52    (c) Notwithstanding the provisions of Paragraph a of this subdivision,
    53  the Commission is hereby authorized and empowered, in its discretion, to
    54  enter into a voluntary agreement or agreements with any local government
    55  whereby the Commission may undertake to pay in lieu of taxes a fair  and
    56  reasonable  sum,  if  any, annually in connection with any real property

        S. 1508--A                         165                        A. 2008--A
     1  acquired and owned by the Commission for any of  the  purposes  of  this
     2  act,  and  to  provide  for the payment as a rental or additional rental
     3  charge by any person occupying any portion  of  such  real  property  as
     4  lessee,  vendee  or  otherwise of such fair and reasonable sum, provided
     5  that in no event shall any  voluntary  agreement  entered  into  by  the
     6  commission  provide  for  the  payment  of an amount in lieu of taxes in
     7  excess of the amount last paid as taxes upon such real property prior to
     8  the time of its acquisition by the Commission.
     9    (d) Notwithstanding any other  provision  of  law,  general,  special,
    10  charter,  or  local,  each  local  government  is  hereby authorized and
    11  empowered to enter into such agreement or agreements  with  the  Commis-
    12  sion,  and  to  accept  the  payment or payments which the Commission is
    13  hereby authorized and empowered to make, and the  sums  so  received  by
    14  such local government shall be devoted to purposes to which taxes may be
    15  applied  in all affected taxing jurisdictions unless and until otherwise
    16  directed by law of the state in which such local government is located.
    17    § 3. Subdivisions 1, 2 and 3 of section  14-c  of  the  transportation
    18  law, as added by chapter 639 of the laws of 1971, are amended to read as
    19  follows:
    20    1.  The  department  of transportation may cooperate and contract with
    21  the national railroad passenger  corporation  or  if  deemed  necessary,
    22  desirable  or  convenient by the commissioner to facilitate the purposes
    23  of this section 14-c, with gateway development commission to the  extent
    24  that  commission  is so authorized to act under its authorizing statute,
    25  for any intercity rail passenger services deemed  necessary,  convenient
    26  or desirable by the commissioner, within the amounts available by appro-
    27  priation  therefor,  as such services are made available pursuant to the
    28  provisions of the rail passenger service act of nineteen hundred seventy
    29  and any acts amendatory or supplemental thereto, subject to the approval
    30  of the director of the budget or  pursuant  to  reimbursement  available
    31  from the gateway development commission, any railroad company, any other
    32  state  or  agency,  the federal government, any public authority of this
    33  state or any other state or two or more states, or any political  subdi-
    34  vision  or  municipality of the state.  Notwithstanding any inconsistent
    35  law, general, special or local, the  commissioner,  as  funds  are  made
    36  available  for the purposes hereof, is hereby empowered to contract with
    37  such corporation or Commission and to do  all  other  things  necessary,
    38  convenient  or desirable on behalf of the state to secure the full bene-
    39  fits available under and pursuant to such act and any other federal  act
    40  which  provides  funding  for  intercity rail passenger services, and to
    41  contract and do all other things necessary as  hereinafter  provided  on
    42  behalf  of  the  state  to  effect  [the]  and facilitate intercity rail
    43  passenger [service program] services which he determines  is  necessary,
    44  convenient or desirable and the department of transportation may cooper-
    45  ate  and contract with gateway development commission for passenger rail
    46  activities, to the extent that  gateway  development  commission  is  so
    47  authorized to act under its authorizing statute, provided, however, that
    48  the  department  of  transportation shall only contract with the gateway
    49  development commission if such contract is approved by that commission's
    50  board of commissioners in accordance with its authorizing statute.
    51    2. The commissioner shall  coordinate  the  intercity  rail  passenger
    52  activities  of  the state and other interested public and private organ-
    53  izations and persons to effectuate the  purposes  of  this  section  and
    54  shall  have  the responsibility for negotiating with the federal govern-
    55  ment with respect to intercity rail passenger  service  programs.    The
    56  commissioner  is  authorized  to enter into joint service agreements and

        S. 1508--A                         166                        A. 2008--A
     1  other agreements between the state and any railroad company,  any  other
     2  state department or agency, the federal government, the Canadian govern-
     3  ment,  any other state, or agency or instrumentality thereof, any public
     4  authority of this state or any other state or two or more states, or any
     5  political  subdivision or municipality of the state, relating to proper-
     6  ty, buildings, structures, facilities, services, rates,  fares,  classi-
     7  fications,  dividends,  allowances or charges (including charges between
     8  intercity rail passenger service facilities), or  rules  or  regulations
     9  pertaining thereto, for or in connection with or incidental to transpor-
    10  tation  in part upon intercity rail passenger service facilities. Inter-
    11  city rail passenger service facilities include  the  right  of  way  and
    12  related  trackage,  rails,  cars,  locomotives,  or other rolling stock,
    13  signal,  power,  fuel,  communication  and  ventilation  systems,  power
    14  plants,  stations, terminals, tunnels, storage yards, repair and mainte-
    15  nance shops, yards, equipment and parts, offices and other  real  estate
    16  or  personnel used or held for or incidental to the operation, rehabili-
    17  tation or improvement of any railroad operating intercity rail passenger
    18  service or to operate such service, including but not limited to  build-
    19  ings, structures, and rail property.
    20    3. [The] Notwithstanding any other provision of law, general, special,
    21  charter  or  local, the commissioner may on such terms and conditions as
    22  he  may  determine  necessary,  convenient  or   desirable,   establish,
    23  construct,  effectuate,  operate, maintain, renovate, improve, extend or
    24  repair any such intercity rail passenger service facility or any related
    25  services and activities, or may provide for such by contract,  lease  or
    26  other  arrangement on such terms as the commissioner may deem necessary,
    27  convenient or desirable with any agency, corporation or person,  includ-
    28  ing  but  not  limited  to  any  railroad company, any state agency, the
    29  federal government, the Canadian government, any other state  or  agency
    30  or  instrumentality  thereof,  any public authority of this or any other
    31  state or two or more states, or any  political  subdivision  or  munici-
    32  pality of the state.
    33    §  4.  Notwithstanding  any  other provision of law of New York or New
    34  Jersey, general, special, charter or local, each state and local govern-
    35  ment, any agency, instrumentality, department, commission  or  authority
    36  thereof,  and any bi-state agency are hereby authorized and empowered to
    37  cooperate with, aid  and  assist  the  Commission  in  effectuating  the
    38  provisions of this act, as it may be amended or supplemented hereafter.
    39    § 5. Upon the concurrence of the State of New Jersey, the State of New
    40  Jersey  and  the  State  of  New  York  consent  to  suits,  actions  or
    41  proceedings of any form or  nature  at  law,  in  equity,  or  otherwise
    42  (including  proceedings  to enforce arbitration agreements), against the
    43  Commission, and to appeals therefrom  and  reviews  thereof,  except  as
    44  hereinafter  provided.  The  foregoing  consent  does not extend to: (a)
    45  suits, actions, or proceedings upon  any  causes  of  action  whatsoever
    46  accruing  before  the  effective date of this act; (b) suits, actions or
    47  proceedings upon any causes of action whatsoever,  upon,  in  connection
    48  with,  or  arising out of any contract, express or implied, entered into
    49  or assumed by or assigned to the Commission before the effective date of
    50  this act (including  any  supplement  to,  or  amendment,  extension  or
    51  renewal of any such contract, even if such supplement, amendment, exten-
    52  sion  or  renewal  is  made on or after the effective date of this act),
    53  regardless of whether such cause of action accrued before or after  that
    54  date; (c) civil suits, actions or proceedings for the recovery of statu-
    55  tory  penalties;  and  (d)  suits, actions or proceedings for judgments,
    56  orders or decrees restraining, enjoining or  preventing  the  Commission

        S. 1508--A                         167                        A. 2008--A
     1  from  committing  or  continuing  to  commit any act or acts, other than
     2  suits, actions or proceedings by the Attorney General of New  Jersey  or
     3  by  the  Attorney General of New York, each of whom is hereby authorized
     4  to  bring such suits, actions or proceedings in his or her discretion on
     5  behalf of any person or persons whatsoever  who  requests  the  Attorney
     6  General  to  do  so, except in the cases otherwise excluded by this act;
     7  provided, that in any such suit,  action  or  proceeding,  no  judgment,
     8  order  or  decree  shall be entered except upon at least two days' prior
     9  written notice to the [Gateway Development] Commission of  the  proposed
    10  entry thereof.
    11    The  Commission  shall  be immune from liability as though it were the
    12  State of New York, except to the extent that such immunity is waived  by
    13  the  State  of  New York under section 8 of the New York Court of Claims
    14  Act.
    15    § 6. Severability. (a) If any provision of this act or the application
    16  thereof to any person or circumstance is held invalid, including as  not
    17  in  accordance  with federal law or federal constitutional requirements,
    18  such invalidity shall not affect other provisions or applications of the
    19  act which can be given effect without the invalid provision or  applica-
    20  tion  and  to  this  end  the  provisions of this act are declared to be
    21  severable.
    22    (b) The provisions of this act, and the powers vested in  the  Gateway
    23  Development  Commission,  shall be liberally construed to give effect to
    24  the purposes of this act.
    25    § 7. (a) This act shall take effect upon the enactment into law by the
    26  state of New Jersey of legislation having an identical effect with  this
    27  act,  but  if  the  state  of New Jersey shall have already enacted such
    28  legislation, this act shall take effect immediately; provided  that  the
    29  state  of  New Jersey shall notify the legislative bill drafting commis-
    30  sion upon the occurrence of the enactment of  the  legislation  provided
    31  for  in  this  act in order that the commission may maintain an accurate
    32  and timely effective data base of the official text of the laws  of  the
    33  state  of  New  York  in  furtherance  of effectuating the provisions of
    34  section 44 of the legislative law and section 70-b of the  public  offi-
    35  cers law; and
    36    (b)  the  Commission shall dissolve following a joint determination by
    37  the Governor of New Jersey and the Governor of New York that the Project
    38  has been completed or should be transferred to another  agency,  instru-
    39  mentality  or  entity  and: (i) any bonds or other securities issued and
    40  any other debt incurred for such Project purposes have  been  repaid  or
    41  arrangements  have  been  made to ensure such repayment in full, without
    42  impairment of credit worthiness and; (ii) Amtrak is  not  unduly  preju-
    43  diced by such dissolution; provided that the Gateway Development Commis-
    44  sion  shall  notify  the  legislative  bill drafting commission upon the
    45  occurrence of the intended dissolution in order that the commission  may
    46  maintain an accurate and timely effective data base of the official text
    47  of  the laws of the state of New York in furtherance of effectuating the
    48  provisions of section 44 of the legislative law and section 70-b of  the
    49  public officers law.
    50                                   PART EE
    51    Section  1.  The  public  authorities  law  is amended by adding a new
    52  section 1279-e to read as follows:
    53    § 1279-e. Assignment, transfer, sharing or consolidating powers, func-
    54  tions or activities.  1. Notwithstanding any provision of this title  or

        S. 1508--A                         168                        A. 2008--A
     1  any  other  provision  of  law, general, special or local, the authority
     2  shall develop a reorganization plan which shall, in whole  or  in  part,
     3  assign,  transfer,  share, or consolidate any one or more of its powers,
     4  duties,  functions  or  activities or any department, division or office
     5  established therewith, or any of those of its  subsidiaries,  or  affil-
     6  iates  or their subsidiaries, within or between itself, its subsidiaries
     7  or affiliates or their subidiaries, in  a  manner  consistent  with  the
     8  provisions of this section.
     9    2.  Such  assignment,  transfer, sharing, or consolidation pursuant to
    10  this section shall occur only if approved by resolution of the board  of
    11  the  authority,  serving  on  behalf  of  the authority and any affected
    12  subsidiary or affiliate or their subsidiary, adopted by not less than  a
    13  majority  vote  of  the whole number of members of the authority then in
    14  office, with the chairman having one additional vote in the event  of  a
    15  tie vote.
    16    3.  Such  reorganization plan shall also be subject to the approval of
    17  the mass transit expert panel created  pursuant  to  section  1265-C  of
    18  section  ten  of  title eleven of article five of the public authorities
    19  law.
    20    4. Pursuant to this section, any such assigning,  transferring,  shar-
    21  ing,  or  consolidating of powers, duties, functions or activities shall
    22  not be authorized where it would impair any rights and remedies  of  any
    23  holders  of  notes,  bonds or other obligations issued by or violate any
    24  duly executed labor  agreements  entered  into  by  the  authority,  its
    25  subsidiaries, or affiliates or their subsidiaries.
    26    §  2.  Subdivision  1 of section 1264 of the public authorities law is
    27  amended to read as follows:
    28    § 1264. Purposes of the authority. 1. The purposes  of  the  authority
    29  shall  be the continuance, further development and improvement of commu-
    30  ter transportation and other services related thereto within the  metro-
    31  politan  commuter  transportation district, including but not limited to
    32  such transportation by railroad, omnibus, marine and air, in  accordance
    33  with  the  provisions  of this title. It shall be the further purpose of
    34  the authority, consistent with its status as the  ex  officio  board  of
    35  both  the  New York city transit authority and the triborough bridge and
    36  tunnel authority, to develop and implement a unified mass transportation
    37  policy for such district in an efficient and cost-effective manner  that
    38  includes the use of design-build contracting on all major projects.
    39    §  3.  Subdivision  1 of section 1263 of the public authorities law is
    40  amended to add a new subparagraph (c) to read as follows:
    41    (c) Notwithstanding any inconsistent provision of  this  section,  the
    42  term  of  any chairman or any member shall expire upon the expiration of
    43  the term in office being served by the county, city,  or  state  elected
    44  official upon whose recommendation they were appointed; provided, howev-
    45  er, that in such circumstance the chairman or any member may continue to
    46  serve as a holdover appointee until such time as a chairman or member is
    47  appointed  to  fill their position.   The term of any chairman or member
    48  appointed to replace such a holdover appointee shall expire at  the  end
    49  of  the term in office of the county, city or state elected officer upon
    50  whose recommendation they were appointed.
    51    § 4. This act shall take effect immediately.
    52                                   PART FF
    53    Section 1. Paragraphs (b-1) and (c-3) of subdivision 2 of section  503
    54  of  the  vehicle  and traffic law, paragraph (b-1) as added by section 1

        S. 1508--A                         169                        A. 2008--A
     1  and paragraph (c-3) as added by section 2 of part A of chapter 25 of the
     2  laws of 2009, are amended  to read as follows:
     3    (b-1)  Supplemental  learner  permit/license  fee  in the metropolitan
     4  commuter transportation district. (i) Upon passage of the knowledge test
     5  required to obtain a learner's  permit,  an  applicant  for  a  driver's
     6  license who resides in the metropolitan commuter transportation district
     7  established  by section one thousand two hundred sixty-two of the public
     8  authorities law shall be required to  pay  a  supplemental  fee  of  one
     9  dollar  for each six months or portion thereof of the period of validity
    10  of a learner's permit or license which is or may be issued  pursuant  to
    11  the  provisions  of  subparagraph  (i)  or (ii) of paragraph (b) of this
    12  subdivision.
    13    (ii) The commissioner shall deposit daily all funds collected pursuant
    14  to subparagraph (i) of this paragraph with such responsible banks, bank-
    15  ing houses or trust companies as may be designated by  the  state  comp-
    16  troller,  [to  the credit of the comptroller] in trust for the credit of
    17  the metropolitan transportation authority. An account may be established
    18  in one or more of such depositories. Such deposits shall be  kept  sepa-
    19  rate   and  apart  from  all  other  money  in  the  possession  of  the
    20  comptroller. On or before the twelfth day of each month, the commission-
    21  er shall certify to the comptroller the amount of all revenues  received
    22  pursuant to subparagraph (i) of this paragraph during the prior month as
    23  a  result  of  the  supplemental fee imposed, including any interest and
    24  penalties thereon. The revenues so certified over the prior three months
    25  in total shall be [deposited by the state comptroller in  the  metropol-
    26  itan  transportation  authority  aid  trust  account of the metropolitan
    27  transportation authority financial assistance fund established  pursuant
    28  to  section  ninety-two-ff of the state finance law for deposit, subject
    29  to] paid over by the fifteenth day of the last month  of  each  calendar
    30  quarter  from  such account, without appropriation, [in] into the corpo-
    31  rate transportation account of the metropolitan transportation authority
    32  special assistance fund established by section twelve hundred  seventy-a
    33  of  the  public  authorities law, to be applied as provided in paragraph
    34  (e) of subdivision four of such section. Any money collected pursuant to
    35  this section that is deposited by the comptroller in  the  [metropolitan
    36  transportation  authority  aid  trust  account] corporate transportation
    37  account of the metropolitan transportation authority [financial] special
    38  assistance fund shall be held in such fund free and clear of  any  claim
    39  by  any  person  or  entity  paying  an  additional fee pursuant to this
    40  section, including, without limiting the generality  of  the  foregoing,
    41  any  right  or  claim against the metropolitan transportation authority,
    42  any of its bondholders, or any subsidiary or affiliate of the  metropol-
    43  itan transportation authority.
    44    (c-3) (i) Supplemental renewal fee in the metropolitan commuter trans-
    45  portation district. In addition to the fees required to be paid pursuant
    46  to  paragraph  (c) of this subdivision, a supplemental fee of one dollar
    47  for each six months or portion thereof of the validity  of  the  license
    48  shall  be  paid  for renewal of a license of a person who resides in the
    49  metropolitan commuter transportation district established by section one
    50  thousand two hundred sixty-two of the public authorities law  issued  by
    51  the commissioner.
    52    (ii) The commissioner shall deposit daily all funds collected pursuant
    53  to  this  paragraph with such responsible banks, banking houses or trust
    54  companies as may be designated by the state comptroller, [to the  credit
    55  of  the  comptroller] in trust for the credit of the metropolitan trans-
    56  portation authority. An account may be established in  one  or  more  of

        S. 1508--A                         170                        A. 2008--A
     1  such  depositories.  Such deposits shall be kept separate and apart from
     2  all other money in the possession of the comptroller.  On or before  the
     3  twelfth  day  of each month, the commissioner shall certify to the comp-
     4  troller  the  amount of all revenues received pursuant to this paragraph
     5  during the prior month as a result of  the  supplemental  fees  imposed,
     6  including  any interest and penalties thereon. The revenues so certified
     7  over the prior three months in total shall be [deposited  by  the  state
     8  comptroller  in  the  metropolitan  transportation  authority  aid trust
     9  account of the metropolitan transportation authority  financial  assist-
    10  ance  fund  established  pursuant  to section ninety-two-ff of the state
    11  finance law for deposit, subject to] paid over by the fifteenth  day  of
    12  the  last  month  of  each  calendar  quarter from such account, without
    13  appropriation, [in] into the corporate  transportation  account  of  the
    14  metropolitan  transportation  authority  special  assistance fund estab-
    15  lished by section twelve hundred seventy-a  of  the  public  authorities
    16  law,  to  be applied as provided in paragraph (e) of subdivision four of
    17  such section. Any money collected  pursuant  to  this  section  that  is
    18  deposited by the comptroller in the [metropolitan transportation author-
    19  ity aid trust account] corporate transportation account of the metropol-
    20  itan  transportation authority [financial] special assistance fund shall
    21  be held in such fund free and clear of any claim by any person or entity
    22  paying an additional fee pursuant to this  section,  including,  without
    23  limiting the generality of the foregoing, any right or claim against the
    24  metropolitan  transportation  authority,  any of its bondholders, or any
    25  subsidiary or affiliate of the metropolitan transportation authority.
    26    § 2.   Section 499-d of the vehicle  and  traffic  law,  as  added  by
    27  section  1  of  part  B of chapter 25 of the laws of 2009, is amended to
    28  read as follows:
    29    § 499-d. Deposit and disposition of revenue from supplemental fee. The
    30  commissioner shall deposit daily all funds derived from  the  collection
    31  of  the  supplemental fee established pursuant to this article with such
    32  responsible banks, banking houses or trust companies as  may  be  desig-
    33  nated  by  the  state comptroller, [to the credit of the comptroller] in
    34  trust for the credit of the metropolitan  transportation  authority.  An
    35  account  may  be  established  in one or more of such depositories. Such
    36  deposits shall be kept separate and apart from all other  money  in  the
    37  possession  of  the  comptroller.   On or before the twelfth day of each
    38  month, the commissioner shall certify to the comptroller the  amount  of
    39  all revenues received pursuant to this article during the prior month as
    40  a  result  of  the  supplemental fee imposed, including any interest and
    41  penalties thereon. The revenues so certified over the prior three months
    42  in total shall be [deposited by the state comptroller in  the  metropol-
    43  itan  transportation  authority  aid  trust  account of the metropolitan
    44  transportation authority financial assistance fund established  pursuant
    45  to  section  ninety-two-ff of the state finance law for deposit, subject
    46  to] paid over by the fifteenth day of the last month  of  each  calendar
    47  quarter  from  such account, without appropriation, [in] into the corpo-
    48  rate transportation account of the metropolitan transportation authority
    49  special assistance fund established by section twelve hundred  seventy-a
    50  of  the  public  authorities law, to be applied as provided in paragraph
    51  (e) of subdivision four of such section. Any money collected pursuant to
    52  this section that is deposited by the comptroller in  the  [metropolitan
    53  transportation  authority  aid  trust  account] corporate transportation
    54  account of the metropolitan transportation authority [financial] special
    55  assistance fund shall be held in such fund free and clear of  any  claim
    56  by  any  person  or  entity  paying  an  additional fee pursuant to this

        S. 1508--A                         171                        A. 2008--A
     1  section, including, without limiting the generality  of  the  foregoing,
     2  any  right  or  claim against the metropolitan transportation authority,
     3  any of its bondholders, or any subsidiary or affiliate of the  metropol-
     4  itan transportation authority.
     5    §  3.  Section 1288 of the tax law, as added by section 1 of part E of
     6  chapter 25 of the laws of 2009, is amended to read as follows:
     7    § 1288.  Deposit  and  disposition  of  revenue.  Notwithstanding  any
     8  provision  of law to the contrary: (a) All taxes, interest and penalties
     9  collected or received by the commissioner pursuant to this article shall
    10  be deposited daily with such responsible banks, banking houses or  trust
    11  companies,  as  may  be designated by the comptroller, [to the credit of
    12  the comptroller] in trust for the credit of the metropolitan transporta-
    13  tion authority. [Such an] An account may be established in one  or  more
    14  of  such  depositories.  Such  deposits shall be kept separate and apart
    15  from all other money in the possession of  the  comptroller.  The  comp-
    16  troller  shall  require adequate security from all such depositories. Of
    17  the total revenue collected or received under this  section,  the  comp-
    18  troller  shall  retain  in  the  comptroller's  hands such amount as the
    19  commissioner may determine to be necessary for refunds under this  arti-
    20  cle.  The  commissioner  is  authorized and directed to deduct from such
    21  amounts collected or received under this article,  before  deposit  into
    22  the accounts specified by the comptroller, a reasonable amount necessary
    23  to  effectuate  refunds of appropriations of the department to reimburse
    24  the department for the costs to administer, collect and  distribute  the
    25  taxes imposed by this article.
    26    (b)  On  or  before  the  twelfth day following the end of each month,
    27  after reserving such amount for such refunds and such costs, the commis-
    28  sioner shall certify to the comptroller the amount of  all  revenues  so
    29  received  pursuant to this article during the prior month as a result of
    30  the taxes, interest and penalties so imposed.
    31    (c) [The] By the fifteenth day of the  last  month  of  each  calendar
    32  quarter  the  comptroller shall pay over the amount of revenues from the
    33  prior three months in total so certified by  the  commissioner  [to  the
    34  metropolitan transportation authority aid trust account of the metropol-
    35  itan  transportation  authority financial assistance fund established by
    36  section ninety-two-ff of the state finance law for deposit, subject to],
    37  without appropriation, [in] into the corporate transportation account of
    38  the metropolitan transportation authority special assistance fund estab-
    39  lished by section twelve hundred seventy-a of the public authorities law
    40  to be applied as provided in paragraph (e) of subdivision four  of  such
    41  section  twelve  hundred seventy-a. Any money collected pursuant to this
    42  article that is deposited by the comptroller in the [metropolitan trans-
    43  portation authority aid trust account] corporate transportation  account
    44  of the metropolitan transportation authority [financial] special assist-
    45  ance  fund shall be held in such fund free and clear of any claim by any
    46  person or entity paying the tax pursuant  to  this  article,  including,
    47  without  limiting  the  generality  of the foregoing, any right or claim
    48  against the metropolitan transportation authority, any of its  bondhold-
    49  ers,  or  any subsidiary or affiliate of the metropolitan transportation
    50  authority.
    51    § 4. Section 1167 of the tax law, as amended by section 3 of part F of
    52  chapter 25 of the laws of 2009, is amended to read as follows:
    53    § 1167. Deposit and disposition of revenue. 1. All taxes, interest and
    54  penalties collected or received by the commissioner under  this  article
    55  shall be deposited and disposed of pursuant to the provisions of section
    56  one  hundred  seventy-one-a of this chapter, except that after reserving

        S. 1508--A                         172                        A. 2008--A
     1  amounts in accordance with such section  one  hundred  seventy-one-a  of
     2  this  chapter,  the  remainder  shall  be paid by the comptroller to the
     3  credit of the highway and  bridge  trust  fund  established  by  section
     4  eighty-nine-b of the state finance law, provided, however, taxes, inter-
     5  est  and  penalties  collected  or  received  pursuant to section eleven
     6  hundred sixty-six-a of this article shall be [paid to the credit of  the
     7  metropolitan transportation authority aid trust account of the metropol-
     8  itan  transportation  authority financial assistance fund established by
     9  section ninety-two-ff of the state finance law] deposited  and  disposed
    10  of pursuant to subdivision two of this section.
    11    2.  All  taxes,  interest,  and penalties collected or received by the
    12  commissioner pursuant to section  eleven  hundred  sixty-six-a  of  this
    13  article  shall  be  deposited daily with such responsible banks, banking
    14  houses or trust companies, as may be designated by the  comptroller,  in
    15  trust  for  the  credit of the metropolitan transportation authority. An
    16  account may be established in one or more  of  such  depositories.  Such
    17  deposits  will  be  kept  separate and apart from all other money in the
    18  possession of  the  comptroller.  Of  the  total  revenue  collected  or
    19  received under this article, the comptroller shall retain such amount as
    20  the  commissioner  may  determine to be necessary for refunds under this
    21  article. On or before the twelfth day of  each  month,  after  reserving
    22  such  amount for such refunds and deducting such amounts for such costs,
    23  the commissioner shall certify to the  comptroller  the  amount  of  all
    24  revenues  received  pursuant to this article during the prior month as a
    25  result of the tax imposed, including any interest and penalties thereon.
    26  The amount of revenues so certified over the prior three months in total
    27  shall be paid over by the fifteenth day of the last month of each calen-
    28  dar quarter from such account, without appropriation, into the corporate
    29  transportation account  of  the  metropolitan  transportation  authority
    30  special  assistance fund established by section twelve hundred seventy-a
    31  of the public authorities law, to be applied as  provided  in  paragraph
    32  (e) of subdivision four of such section.
    33    §  5.    Subdivision  3  and paragraph (a) of subdivision 6 of section
    34  92-ff of the state finance law, subdivision 3 as amended by  section  14
    35  of part UU of chapter 59 of the laws of 2018 and paragraph (a) of subdi-
    36  vision  6  as  added by section 1 of part G of chapter 25 of the laws of
    37  2009, are amended to read as follows:
    38    3. Such fund shall consist of all moneys collected therefor or credit-
    39  ed or transferred thereto from  any  other  fund,  account  or  source[,
    40  including,  without  limitation,  the  revenues derived from the special
    41  supplemental tax on passenger car  rentals  imposed  by  section  eleven
    42  hundred  sixty-six-a of the tax law; revenues derived from the transpor-
    43  tation surcharge imposed by article twenty-nine-A of the  tax  law;  the
    44  supplemental  registration  fees  imposed  by article seventeen-C of the
    45  vehicle and traffic law;  and  the  supplemental  metropolitan  commuter
    46  transportation  district  license  fees  imposed by section five hundred
    47  three of the vehicle and traffic law].  Any  interest  received  by  the
    48  comptroller  on  moneys  on  deposit  in the metropolitan transportation
    49  authority financial assistance fund shall be retained in  and  become  a
    50  part of such fund.
    51    (a)  The  "metropolitan  transportation  authority  aid trust account"
    52  shall consist of [revenues required to be deposited therein pursuant  to
    53  the  provisions  of  section  eleven hundred sixty-six-a of the tax law;
    54  article twenty-nine-A of the tax law; article seventeen-C of the vehicle
    55  and traffic law; and section five hundred three of the vehicle and traf-

        S. 1508--A                         173                        A. 2008--A

     1  fic law, and all other] moneys credited or transferred thereto from  any
     2  other [fund or] source pursuant to law.
     3    §  6.  Section  4  of the state finance law is amended by adding a new
     4  subdivision 13 to read as follows:
     5    13. Notwithstanding subdivision one of this section and any other  law
     6  to the contrary, the revenue (including fees, taxes, interest and penal-
     7  ties)  from  the  metropolitan  commuter transportation district supple-
     8  mental fees and taxes imposed pursuant to paragraph (b-1) of subdivision
     9  two of section five hundred three of the vehicle and traffic law,  para-
    10  graph  (c-3)  of  subdivision  two  of section five hundred three of the
    11  vehicle and traffic law, article seventeen-C of the vehicle and  traffic
    12  law,  article  twenty-nine-A  of  the tax law and section eleven hundred
    13  sixty-six-a of the tax law which are paid in  accordance  with  subpara-
    14  graph (ii) of paragraph (b-1) of subdivision two of section five hundred
    15  three  of  the  vehicle  and traffic law, subparagraph (ii) of paragraph
    16  (c-3) of subdivision two of section five hundred three  of  the  vehicle
    17  and  traffic law, section twelve hundred eighty-eight of the tax law and
    18  section eleven hundred sixty-seven of the tax  law  into  the  corporate
    19  transportation  account  of  the  metropolitan  transportation authority
    20  special assistance fund established by section twelve hundred  seventy-a
    21  of  the  public  authorities  law  shall be made pursuant to statute but
    22  without an appropriation.
    23    § 7.  Subdivision 1 and paragraph (e)  of  subdivision  4  of  section
    24  1270-a  of  the  public  authorities  law,  subdivision  1 as amended by
    25  section 14 and paragraph (e) of subdivision 4 as added by section 15  of
    26  part  H  of  chapter  25  of  the  laws  of 2009, are amended to read as
    27  follows:
    28    1. The authority shall create and establish a fund to be known as  the
    29  "metropolitan  transportation  authority  special assistance fund" which
    30  shall be kept separate from and shall not be commingled with  any  other
    31  moneys  of  the  authority. The special assistance fund shall consist of
    32  three separate accounts: (i) the "transit account", (ii)  the  "commuter
    33  railroad account" and (iii) the "corporate transportation account".
    34    The  authority  shall  make  deposits  in  the transit account and the
    35  commuter railroad account of the moneys received by it pursuant  to  the
    36  provisions  of  subdivision  one of section two hundred sixty-one of the
    37  tax law in accordance with the provisions thereof, and shall make depos-
    38  its in the corporate transportation account of the moneys received by it
    39  pursuant to the provisions of subdivision two  of  section  two  hundred
    40  sixty-one  of the tax law and section ninety-two-ff of the state finance
    41  law. The comptroller shall  deposit,  without  appropriation,  into  the
    42  corporate  transportation  account the revenue fees, taxes, interest and
    43  penalties collected in accordance with paragraph  (b-1)  of  subdivision
    44  two  of section five hundred three of the vehicle and traffic law, para-
    45  graph (c-3) of subdivision two of section  five  hundred  three  of  the
    46  vehicle  and traffic law, article seventeen-C of the vehicle and traffic
    47  law, article twenty-nine-A of the tax law  and  section  eleven  hundred
    48  sixty-six-a of the tax law.
    49    (e)  Notwithstanding the foregoing provisions of this subdivision, any
    50  moneys in the corporate transportation account that are received by  the
    51  authority: (i) without appropriation pursuant to subdivision one of this
    52  section,  or (ii) pursuant to the provisions of section ninety-two-ff of
    53  the state finance law may be pledged by the authority, or pledged to the
    54  Triborough bridge and tunnel authority, to secure bonds, notes or  other
    55  obligations of the authority or the Triborough bridge and tunnel author-
    56  ity, as the case may be, and, if so pledged to the Triborough bridge and

        S. 1508--A                         174                        A. 2008--A
     1  tunnel  authority,  shall  be  paid  to the Triborough bridge and tunnel
     2  authority in such amounts and at such times as necessary to  pay  or  to
     3  reimburse  that  authority  for  its payment of debt service and reserve
     4  requirements,  if  any, on that portion of special Triborough bridge and
     5  tunnel authority bonds and notes issued by that  authority  pursuant  to
     6  section  five  hundred  fifty-three-d  of  this  chapter. Subject to the
     7  provisions of any such pledge, or in the event there is no such  pledge,
     8  any  moneys  in  the  corporate  transportation  account received by the
     9  authority: (i) without appropriation pursuant to subdivision one of this
    10  section, or (ii) pursuant to the provisions of section ninety-two-ff  of
    11  the  state finance law may be used by the authority for payment of oper-
    12  ating costs of, and capital costs, including debt  service  and  reserve
    13  requirements, if any, of or for the authority, the New York city transit
    14  authority  and  their  subsidiaries as the authority shall determine. No
    15  moneys in the corporate transportation account that are reserved by  the
    16  authority: (i) without appropriation pursuant to subdivision one of this
    17  section;  or (ii) pursuant to the provisions of section ninety-two-ff of
    18  the state finance law may be used for making any payment to  the  Dutch-
    19  ess,  Orange  and Rockland fund created by section twelve hundred seven-
    20  ty-b of this title or considered in calculating the amounts required  to
    21  be paid into such fund.
    22    § 8. This act shall take effect immediately.
    23                                   PART GG
    24    Section  1.  Paragraph  5  of  subdivision  (c) and subdivision (e) of
    25  section 1111-c of the vehicle and traffic law, as amended by  section  6
    26  of  part  NNN  of  chapter 59 of the laws of 2018, are amended and a new
    27  subdivision (n) is added to read as follows:
    28    5. "bus rapid transit program" shall mean [up to ten routes] any route
    29  designated by the New York city department of transportation in  consul-
    30  tation  with  the applicable mass transit agency, in addition to the Bus
    31  Rapid Transit Phase I plan routes, that operate on designated bus  lanes
    32  and  that  may include upgraded signage, enhanced road markings, minimum
    33  bus stop spacing, off-board fare payment, traffic  signal  priority  for
    34  buses,  and  any other enhancement that increases bus speed or reliabil-
    35  ity.
    36    (e) An owner liable for a violation of a bus lane restriction  imposed
    37  on  any  route  within  a  bus rapid transit program shall be liable for
    38  monetary penalties in accordance with a schedule of fines and  penalties
    39  promulgated  by  the  parking violations bureau of the city of New York;
    40  provided, however, that the monetary penalty for violating  a  bus  lane
    41  restriction  shall not exceed one hundred [fifteen] twenty-five dollars,
    42  one hundred fifty dollars for a second  offense  within  a  twelve-month
    43  period,  two  hundred  dollars for a third offense within a twelve-month
    44  period, two hundred fifty dollars for a fourth offense within a  twelve-
    45  month  period,  and  three  hundred  fifty  dollars  for each subsequent
    46  offense within a twelve-month period; provided, further, that  an  owner
    47  shall  be  liable  for  an  additional penalty not to exceed twenty-five
    48  dollars for each violation for the failure to respond  to  a  notice  of
    49  liability within the prescribed time period.
    50    (n)  1. Notwithstanding any other provision of law, in accordance with
    51  the provisions of this subdivision, the  city  of  New  York  is  hereby
    52  authorized  and empowered to impose monetary liability on the owner of a
    53  vehicle for failure of an operator thereof to comply with the applicable
    54  local laws and regulations of the city of New York relating to stopping,

        S. 1508--A                         175                        A. 2008--A
     1  standing, parking and turning movements as defined herein, while operat-
     2  ing a vehicle within the congestion toll zone or  along  designated  bus
     3  corridors.  The  department  of  transportation  of the city of New York
     4  and/or  an  applicable  mass transit agency, shall operate photo devices
     5  that may be stationary or mobile and shall  be  activated  at  locations
     6  determined by such department of transportation and/or on buses selected
     7  by such department of transportation in consultation with the applicable
     8  mass transit agency. Locations of such photo devices shall be within the
     9  congestion toll zone in the borough of Manhattan or along designated bus
    10  corridors  to  be determined jointly by the department of transportation
    11  and the applicable mass transit agency.
    12    2. Any image or images captured by photo devices shall be inadmissible
    13  in any disciplinary proceeding convened by the applicable  mass  transit
    14  agency  or  any  subsidiary  thereof and any proceeding initiated by the
    15  department involving licensure privileges of bus operators.  Any  mobile
    16  bus  lane photo device mounted on a bus shall be directed outwardly from
    17  such bus to capture images of vehicles  operated  in  violation  of  the
    18  local  laws  relating  to stopping, standing, parking and turning, or in
    19  violation of bus lane restrictions, and images produced by  such  device
    20  shall  not be used for any other purpose in the absence of a court order
    21  requiring such images to be produced.
    22    3. The city of New York shall adopt and enforce  measures  to  protect
    23  the privacy of drivers, passengers, pedestrians and cyclists whose iden-
    24  tity and identifying information may be captured by a photo device. Such
    25  measures shall include:
    26    (i)  utilization  of  necessary  technologies to ensure, to the extent
    27  practicable, that images  produced  by  such  photo  devices  shall  not
    28  include images that identify the driver, the passengers, or the contents
    29  of  the  vehicle,  provided, however, that no notice of liability issued
    30  pursuant to this section shall be  dismissed  solely  because  an  image
    31  allows  for  the  identification  of the driver, the passengers or other
    32  contents of a vehicle;
    33    (ii) a prohibition on the use or dissemination  of  vehicles'  license
    34  plate  information  and  other  information and images captured by photo
    35  devices except: (A)  as  required  to  establish  liability  under  this
    36  section or collect payment of penalties; (B) as required by court order;
    37  (C)  as  required pursuant to a search warrant issued in accordance with
    38  the criminal procedure law or a subpoena; or (D) as  otherwise  required
    39  by law;
    40    (iii)  the  installation  of  signage  at  regular  intervals  in  the
    41  congestion toll zone and along the designated bus corridors stating that
    42  photo devices are used to enforce restrictions  on  stopping,  standing,
    43  parking and turning movements; and
    44    (iv) oversight procedures to ensure compliance with the aforementioned
    45  privacy protection measures.
    46    4. Photo devices authorized by this subdivision shall only be operated
    47  from 6:00 a.m. to 10:00 p.m. Warning notices of violation will be issued
    48  during  the  first sixty days that photo device enforcement is active in
    49  the congestion toll zone or along a designated bus corridor.
    50    5. The owner of a vehicle shall be liable for a penalty imposed pursu-
    51  ant to this subdivision if such vehicle was used or  operated  with  the
    52  permission  of the owner, express or implied, in violation of any appli-
    53  cable local law or regulation defined herein, while operated within  the
    54  congestion  toll  zone  or  along  a  designated  bus corridor, and such
    55  violation is evidenced by information  obtained  from  a  photo  device;
    56  provided however that no owner of a vehicle shall be liable for a penal-

        S. 1508--A                         176                        A. 2008--A
     1  ty imposed pursuant to this subdivision where the operator of such vehi-
     2  cle  has  been  convicted of the underlying violation of such applicable
     3  local law or regulation.
     4    6. For purposes of this subdivision the following terms shall have the
     5  following meanings:
     6    (i)  "owner"  shall have the meaning provided in article two-B of this
     7  chapter.
     8    (ii) "photo device" shall mean a device that is capable  of  operating
     9  independently  of an enforcement officer and produces one or more images
    10  of each vehicle at the time it is in violation of  an  applicable  local
    11  law or regulation.
    12    (iii)  "applicable  local  law  or regulation" shall mean Chapter 4 of
    13  Title 34 of the Rules of the City of  New  York  relating  to  stopping,
    14  standing,  parking,  and turning movements, including but not limited to
    15  the following:
    16    § 4-08(f)(4) and § 4-12(m): General no standing zones, Bus lanes
    17    § 4-08(c)(3): Violation of posted no standing  rules  prohibited,  Bus
    18  stop
    19    § 4-08(f)(1): General no standing zones, Double parking
    20    §  4-08(k)(2):  Special  rules  for  commercial  vehicles, No standing
    21  except trucks loading and unloading
    22    § 4-08(a)(3): Standing prohibited
    23    § 4-07(b)(1) and § 4-08(e)(11): Stopping prohibited
    24    § 4-07(e)(4): General no stopping zones, Intersections
    25    § 4-08 (e)(5): General no stopping zones, Crosswalks
    26    § 4-08(e)(12: General no stopping zones, Obstructing traffic at inter-
    27  section.
    28    § 4-05, § 4-07(h)(2): Turns
    29    (iv) "congestion toll  zone"  shall  include  any  roadways,  bridges,
    30  tunnels  or ramps that are located within, or enter into, the geographic
    31  area in the borough of Manhattan established pursuant to article  forty-
    32  four-C of this chapter.
    33    7. A certificate, sworn to or affirmed by a technician employed by the
    34  city  in  which  the charged violation occurred, or a facsimile thereof,
    35  based upon inspection of  photographs,  microphotographs,  videotape  or
    36  other  recorded  images produced by a photo device, shall be prima facie
    37  evidence of the facts contained therein.   Any photographs,  microphoto-
    38  graphs,  videotape  or other recorded images evidencing such a violation
    39  shall be available for inspection in any proceeding  to  adjudicate  the
    40  liability for such violation pursuant to this subdivision.
    41    8. An owner liable for a violation shall be liable for monetary penal-
    42  ties in accordance with a schedule of fines and penalties promulgated by
    43  the  parking violations bureau of the city of New York; provided, howev-
    44  er, that the monetary penalty for a first  offense  of  a  provision  of
    45  local  law  or  regulation of the city of New York relating to stopping,
    46  standing, parking and  turning  movement  violations  pursuant  to  this
    47  subdivision  shall  not  exceed  one  hundred  twenty-five  dollars, one
    48  hundred fifty dollars for a second offense within a twelve-month period,
    49  two hundred dollars for a third offense within  a  twelve-month  period,
    50  two  hundred  fifty  dollars  for a fourth offense within a twelve-month
    51  period, and three hundred fifty  dollars  for  each  subsequent  offense
    52  within a twelve-month period; and provided, further, that an owner shall
    53  be  liable  for  an additional penalty not to exceed twenty-five dollars
    54  for each violation for the failure to respond to a notice  of  liability
    55  within the prescribed time period set forth in the notice of violation.

        S. 1508--A                         177                        A. 2008--A
     1    9.  An  imposition of liability pursuant to this subdivision shall not
     2  be deemed a conviction of an operator and shall not be made part of  the
     3  operating  record of the person upon whom such liability is imposed, nor
     4  shall it be used for insurance purposes in the provision of motor  vehi-
     5  cle insurance coverage.
     6    10.  (i)  A  notice  of liability shall be sent by first class mail to
     7  each person alleged to be liable as an owner for a violation under  this
     8  section.  Personal delivery to the owner shall not be required. A manual
     9  or automatic record of mailing prepared in the ordinary course of  busi-
    10  ness shall be prima facie evidence of the facts contained therein.
    11    (ii)  A  notice of liability shall contain the name and address of the
    12  person alleged to be liable as an owner for a violation,  the  registra-
    13  tion  number  of  the  vehicle  involved in such violation, the location
    14  where such violation took place including the street  address  or  cross
    15  streets, one or more images identifying the violation, the date and time
    16  of  such  violation  and  the  identification number of the photo device
    17  which recorded the violation or other document locator number.
    18    (iii) The notice of liability shall contain information  advising  the
    19  person charged of the manner and the time in which he or she may contest
    20  the  liability  alleged  in the notice.   Such notice of liability shall
    21  also contain a warning to advise the persons  charged  that  failure  to
    22  contest  in the manner and time provided shall be deemed an admission of
    23  liability and that a default judgment may be entered thereon.
    24    (iv) The notice of liability shall be prepared and mailed by the agen-
    25  cy or agencies designated by the city of New York, or any  other  entity
    26  authorized  by  such  city  to  prepare  and  mail  such notification of
    27  violation.
    28    11. Adjudication of the liability imposed upon owners by this  section
    29  shall be by the New York city parking violations bureau.
    30    12.  If  an owner of a vehicle receives a notice of liability pursuant
    31  to this subdivision for any time period during which  such  vehicle  was
    32  reported  to  the police department as having been stolen, it shall be a
    33  valid defense to an allegation of liability that the  vehicle  had  been
    34  reported  to  the  police  as  stolen  prior  to  the time the violation
    35  occurred and had not been  recovered  by  such  time.  For  purposes  of
    36  asserting  the  defense  provided by this subdivision it shall be suffi-
    37  cient that a certified copy of the police report on the  stolen  vehicle
    38  be  sent  by  first  class mail to the parking violations bureau of such
    39  city.
    40    13. (i) An owner who is a lessor of a vehicle to  which  a  notice  of
    41  liability  was  issued  pursuant to this subdivision shall not be liable
    42  for the violation of a local law or regulation defined herein,  provided
    43  that:
    44    (A)  prior  to  the  violation, the lessor has filed with such parking
    45  violations bureau in accordance  with  the  provisions  of  section  two
    46  hundred thirty-nine of this chapter; and
    47    (B)  within  thirty-seven days after receiving notice from such bureau
    48  of the date and time of a liability, together with the other information
    49  contained in the original notice of liability,  the  lessor  submits  to
    50  such  bureau  the  correct name and address of the lessee of the vehicle
    51  identified in the notice of liability at the  time  of  such  violation,
    52  together with such other additional information contained in the rental,
    53  lease  or other contract document, as may be reasonably required by such
    54  bureau pursuant to regulations that may be promulgated for such purpose.
    55  Failure to timely submit such information shall render the lessor liable
    56  for the penalty prescribed in this subdivision.

        S. 1508--A                         178                        A. 2008--A
     1    (ii) Where the lessor complies with the provisions of  clause  (A)  of
     2  this paragraph, the lessee of such vehicle on the date of such violation
     3  shall  be  deemed  to  be the owner of such vehicle for purposes of this
     4  subdivision, shall be subject to liability for such  violation  pursuant
     5  to  this subdivision and shall be sent a notice of liability pursuant to
     6  paragraph ten of this subdivision.
     7    14. If the owner liable for a violation was not the  operator  of  the
     8  vehicle  at  the time of the violation, the owner may maintain an action
     9  for indemnification against the operator.
    10    15. Nothing in this  subdivision  shall  be  construed  to  limit  the
    11  liability of an operator of a vehicle for any violation of an applicable
    12  local law or regulation.
    13    16.  The city of New York and the applicable mass transit agency shall
    14  submit a report on the results of the use of photo devices to the gover-
    15  nor, the temporary president of the senate and the speaker of the assem-
    16  bly by April first, within twelve months  of  operation  of  such  photo
    17  devices  and  every two years thereafter. Such report shall include, but
    18  not be limited to:
    19    (i) a description of the locations and/or buses  where  photo  devices
    20  were used;
    21    (ii)  the  total number of violations recorded on a monthly and annual
    22  basis;
    23    (iii) the total number of notices of liability issued;
    24    (iv) the number of fines and total amount  of  fines  paid  after  the
    25  first notice of liability;
    26    (v)  the  number of violations adjudicated and results of such adjudi-
    27  cations including breakdowns of dispositions made;
    28    (vi) the total amount of revenue realized by such city and any partic-
    29  ipating mass transit agency;
    30    (vii) the quality of the adjudication process and its results;
    31    (viii) the total number of cameras by type of camera; and
    32    (ix) the total cost to the city and the total cost to any  participat-
    33  ing mass transit agency.
    34    17.  Any  revenue  from fines and penalties collected pursuant to this
    35  subdivision from mobile bus photo devices shall be remitted by the  city
    36  of  New  York to the applicable mass transit agency on a quarterly basis
    37  to be deposited in the general transportation account of  the  New  York
    38  city  transportation  assistance  fund  established  pursuant to section
    39  twelve hundred seventy of the public authorities law.
    40    § 2. The opening paragraph of section 14 of part II of chapter  59  of
    41  the  laws  of  2010, amending the vehicle and traffic law and the public
    42  officers law relating to establishing a bus rapid transit  demonstration
    43  program  to  restrict  the  use  of bus lanes by means of bus lane photo
    44  devices, as amended by chapter 239 of the laws of 2015,  is  amended  to
    45  read as follows:
    46    This  act  shall  take effect on the ninetieth day after it shall have
    47  become a law [and shall expire 10 years after such effective  date  when
    48  upon such date the provisions of this act shall be deemed repealed; and]
    49  provided  that  any  rules  and regulations related to this act shall be
    50  promulgated on or before such effective date, provided that:
    51    § 3. This act shall take effect  immediately.  Effective  immediately,
    52  the  addition,  amendment and/or repeal of any rule or regulation neces-
    53  sary for the implementation of  this  act  on  its  effective  date  are
    54  authorized to be made and completed on or before such effective date.
    55                                   PART HH

        S. 1508--A                         179                        A. 2008--A
     1    Section  1. Section 45 of chapter 929 of the laws of 1986 amending the
     2  tax law and other  laws  relating  to  the  metropolitan  transportation
     3  authority,  as  amended by chapter 63 of the laws of 2017, is amended to
     4  read as follows:
     5    §  45.  This act shall take effect immediately; except that: (a) para-
     6  graph (d) of subdivision 3 of section 1263  of  the  public  authorities
     7  law, as added by section twenty-six of this act, shall be deemed to have
     8  been  in full force and effect on and after August 5, 1986; (b) sections
     9  thirty-three and thirty-four of this act shall not apply to a  certified
    10  or  recognized  public employee organization which represents any public
    11  employees described in subdivision 16 of  section  1204  of  the  public
    12  authorities  law  and  such sections shall expire on July 1, [2019] 2021
    13  and nothing contained within these sections shall be construed to divest
    14  the public employment relations board or any court of  competent  juris-
    15  diction  of the full power or authority to enforce any order made by the
    16  board or such court prior to the effective date of  this  act;  (c)  the
    17  provisions  of section thirty-five of this act shall expire on March 31,
    18  1987; and (d)  provided,  however,  the  commissioner  of  taxation  and
    19  finance  shall  have the power to enforce the provisions of sections two
    20  through nine of this act beyond December 31, 1990 to enable such commis-
    21  sioner to collect any liabilities incurred prior to January 1, 1991.
    22    § 2. This act shall take effect immediately.
    23                                   PART II
    24    Section 1. Subdivisions 3 and 11 of section 120.05 of the  penal  law,
    25  subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
    26  sion  11  as  separately  amended by chapters 268 and 281 of the laws of
    27  2016, are amended to read as follows:
    28    3. With intent to prevent a peace officer, a police officer,  prosecu-
    29  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    30  procedure law, registered nurse, licensed practical nurse, public health
    31  sanitarian,  New York city public health sanitarian, sanitation enforce-
    32  ment agent, New York city sanitation worker, a firefighter, including  a
    33  firefighter acting as a paramedic or emergency medical technician admin-
    34  istering  first  aid  in the course of performance of duty as such fire-
    35  fighter, an emergency medical service  paramedic  or  emergency  medical
    36  service  technician, or medical or related personnel in a hospital emer-
    37  gency department, a city marshal,  a  school  crossing  guard  appointed
    38  pursuant  to section two hundred eight-a of the general municipal law, a
    39  traffic enforcement officer, traffic enforcement agent,  highway  worker
    40  as  defined in section one hundred eighteen-a of the vehicle and traffic
    41  law, motor vehicle inspector and motor carrier investigator  as  defined
    42  in  section  one  hundred  eighteen-b of the vehicle and traffic law, or
    43  employee of any entity governed by the public service law in the  course
    44  of  performing  an  essential service, from performing a lawful duty, by
    45  means including releasing or failing to control an animal under  circum-
    46  stances  evincing the actor's intent that the animal obstruct the lawful
    47  activity of such peace officer, police officer, prosecutor as defined in
    48  subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
    49  registered  nurse,  licensed  practical nurse, public health sanitarian,
    50  New York city public health sanitarian,  sanitation  enforcement  agent,
    51  New  York  city  sanitation  worker, firefighter, paramedic, technician,
    52  city marshal, school crossing guard appointed pursuant  to  section  two
    53  hundred  eight-a of the general municipal law, traffic enforcement offi-
    54  cer, traffic enforcement agent, highway worker as defined in section one

        S. 1508--A                         180                        A. 2008--A
     1  hundred eighteen-a of the vehicle and traffic law, motor vehicle inspec-
     2  tor and motor carrier investigator as defined  in  section  one  hundred
     3  eighteen-b  of  the  vehicle  and  traffic law, or employee of an entity
     4  governed  by the public service law, he or she causes physical injury to
     5  such peace officer, police officer, prosecutor as defined in subdivision
     6  thirty-one of section 1.20 of the  criminal  procedure  law,  registered
     7  nurse, licensed practical nurse, public health sanitarian, New York city
     8  public  health  sanitarian,  sanitation enforcement agent, New York city
     9  sanitation worker, firefighter,  paramedic,  technician  or  medical  or
    10  related  personnel  in  a  hospital  emergency department, city marshal,
    11  school crossing guard, traffic enforcement officer, traffic  enforcement
    12  agent,  highway  worker  as defined in section one hundred eighteen-a of
    13  the vehicle and traffic law, motor vehicle inspector and  motor  carrier
    14  investigator as defined in section one hundred eighteen-b of the vehicle
    15  and traffic law, or employee of an entity governed by the public service
    16  law; or
    17    11.  With  intent to cause physical injury to a train operator, ticket
    18  inspector, conductor, signalperson, bus operator, station agent, station
    19  cleaner [or], terminal cleaner, station customer assistant, person whose
    20  official duties include the  sale  or  collection  of  tickets,  passes,
    21  vouchers  or  other fare payment media for use on a train or bus, person
    22  whose official duties include the maintenance, repair, inspection, trou-
    23  bleshooting, testing or cleaning of a transit signal system, elevated or
    24  underground subway tracks, transit station structure, train yard, reven-
    25  ue train in passenger service, or a train or bus station or terminal, or
    26  a supervisor of such personnel employed by any transit agency, authority
    27  or company, public or private, whose operation is authorized by New York
    28  state or any of its political subdivisions, a  city  marshal,  a  school
    29  crossing  guard appointed pursuant to section two hundred eight-a of the
    30  general municipal law, a traffic enforcement officer,  traffic  enforce-
    31  ment  agent, highway worker as defined in section one hundred eighteen-a
    32  of the vehicle and traffic law, motor vehicle inspector and motor carri-
    33  er investigator as defined in section  one  hundred  eighteen-b  of  the
    34  vehicle and traffic law, prosecutor as defined in subdivision thirty-one
    35  of  section  1.20  of the criminal procedure law, sanitation enforcement
    36  agent, New York city sanitation worker, public  health  sanitarian,  New
    37  York city public health sanitarian, registered nurse, licensed practical
    38  nurse, emergency medical service paramedic, or emergency medical service
    39  technician,  he  or  she  causes physical injury to such train operator,
    40  ticket inspector, conductor, signalperson, bus operator, station  agent,
    41  station  cleaner  [or],  terminal  cleaner,  station customer assistant,
    42  person whose official duties include the sale or collection of  tickets,
    43  passes,  vouchers or other fare payment media for use on a train or bus,
    44  person  whose  official  duties   include   the   maintenance,   repair,
    45  inspection,  troubleshooting,  testing  or  cleaning of a transit signal
    46  system, elevated or underground subway tracks,  transit  station  struc-
    47  ture,  train yard, revenue train in passenger service, or a train or bus
    48  station or terminal, or a supervisor of such  personnel,  city  marshal,
    49  school  crossing guard appointed pursuant to section two hundred eight-a
    50  of the general  municipal  law,  traffic  enforcement  officer,  traffic
    51  enforcement  agent,  highway  worker  as  defined in section one hundred
    52  eighteen-a of the vehicle and traffic law, motor vehicle  inspector  and
    53  motor  carrier investigator as defined in section one hundred eighteen-b
    54  of the vehicle and traffic law, prosecutor  as  defined  in  subdivision
    55  thirty-one  of  section  1.20  of the criminal procedure law, registered
    56  nurse, licensed practical nurse, public health sanitarian, New York city

        S. 1508--A                         181                        A. 2008--A
     1  public health sanitarian, sanitation enforcement agent,  New  York  city
     2  sanitation  worker,  emergency  medical  service paramedic, or emergency
     3  medical  service  technician,  while  such  employee  is  performing  an
     4  assigned  duty  on,  or directly related to, the operation of a train or
     5  bus, [including the cleaning of a train  or  bus  station  or  terminal]
     6  cleaning of a train or bus station or terminal or maintenance of a train
     7  or  bus  station  or  terminal,  signal  system, elevated or underground
     8  subway tracks, transit station structure, train yard or revenue train in
     9  passenger service, or such city marshal, school crossing guard,  traffic
    10  enforcement  officer,  traffic  enforcement  agent,  highway  worker  as
    11  defined in section one hundred eighteen-a of  the  vehicle  and  traffic
    12  law,  motor  vehicle inspector and motor carrier investigator as defined
    13  in section one hundred eighteen-b of the vehicle and traffic law, prose-
    14  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
    15  nal procedure law, registered nurse, licensed  practical  nurse,  public
    16  health  sanitarian,  New  York city public health sanitarian, sanitation
    17  enforcement agent, New York city sanitation  worker,  emergency  medical
    18  service paramedic, or emergency medical service technician is performing
    19  an assigned duty; or
    20    §  2.    The  vehicle  and  traffic  law  is amended by adding two new
    21  sections 118-a and 118-b to read as follows:
    22    § 118-a. Highway worker. Any person employed by or on  behalf  of  the
    23  state,  a  county,  city,  town  or village, a public authority, a local
    24  authority, or a public utility company, or the agent  or  contractor  of
    25  any  such  entity,  who  has been assigned to perform work on a highway,
    26  including maintenance, repair,  flagging,  utility  work,  construction,
    27  reconstruction  or  operation of equipment on public highway infrastruc-
    28  ture and associated rights-of-way in highway work areas, and shall  also
    29  include  any  flagperson  as defined in section one hundred fifteen-b of
    30  this article.
    31    § 118-b. Motor vehicle inspector and motor carrier  investigator.  Any
    32  person  employed  by the New York State department of transportation who
    33  has been assigned to perform inspections of any motor vehicles or inves-
    34  tigation of any carriers regulated by the  commissioner  of  transporta-
    35  tion.
    36    §  3.   The vehicle and traffic law is amended by adding a new section
    37  1221-a to read as follows:
    38    § 1221-a. Intrusion into an active work zone. 1. No driver of a  vehi-
    39  cle  shall  enter or intrude into an active work zone except upon direc-
    40  tion from a flagperson,  police  officer  or  other  visibly  designated
    41  person  in charge of traffic control or direction from a traffic control
    42  device regulating entry  therein. For purposes of this section, the term
    43  "active work zone" shall mean the physical area of a highway, street  or
    44  private road on which construction, maintenance or utility work is being
    45  conducted, which area is marked by any signs, channeling devices, barri-
    46  ers,  pavement  markings,  or work vehicles, and where workers are phys-
    47  ically present.
    48    2. A violation of subdivision one of this section shall  constitute  a
    49  class  B  misdemeanor  punishable by a fine of not less than two hundred
    50  fifty dollars nor more than five hundred dollars,  or  by  a  period  of
    51  imprisonment not to exceed three months, or by both such fine and impri-
    52  sonment.
    53    §  4.  The  vehicle and traffic law is amended by adding a new section
    54  1221-b to read as follows:
    55    § 1221-b. Work zone safety and outreach. The governor's traffic safety
    56  committee, upon consultation with the  commissioner  of  transportation,

        S. 1508--A                         182                        A. 2008--A
     1  the  superintendent  of  state police, the commissioner, the chairman of
     2  the New York state thruway authority, local  law  enforcement  agencies,
     3  and  representatives  for  contractors  and  laborers,  shall design and
     4  implement  a  public education and outreach program to increase motorist
     5  awareness of the importance of highway work zone safety, to  reduce  the
     6  number  of  work zone incidents, including speeding, unauthorized intru-
     7  sions into work zones, and any conduct resulting in threats or  injuries
     8  to highway workers, and to increase and promote work zone safety.
     9    § 5. Section 120.05 of the penal law is amended by adding a new subdi-
    10  vision 11-d to read as follows:
    11    11-d.  With  intent  to  cause  physical injury to a terminal cleaner,
    12  cabin cleaner, facilities cleaner, wheelchair assist  employee,  baggage
    13  handler,  skycap,  ticket  agent,  customer  services employee, security
    14  guard, queue management employee, shuttle bus driver,  or  any  employee
    15  whose  duties  require him or her to work on the tarmac, employed by any
    16  airport, airport authority or company, public or private, that  performs
    17  such  services  at  an airport, he or she causes physical injury to such
    18  terminal cleaner, cabin cleaner, facilities cleaner,  wheelchair  assist
    19  employee,  baggage  handler,  skycap,  ticket  agent,  customer services
    20  employee, security guard, queue management employee, shuttle bus driver,
    21  or any employee whose duties require him or her to work on  the  tarmac,
    22  while  such  employee  is  performing  an  assigned duty of, or directly
    23  related to, such services at an airport in the state of New York; or
    24    § 6. This act shall take effect immediately.
    25                                   PART JJ
    26    Section 1. The public authorities law  is  amended  by  adding  a  new
    27  section 2985-a to read as follows:
    28    §  2985-a.  Payment  of  tolls under the Tolls by Mail program. 1. For
    29  purposes of this section the following terms shall  have  the  following
    30  meanings:
    31    (a)  "cashless  tolling facility" shall mean a toll highway, bridge or
    32  tunnel facility that does not provide for the immediate on-site  payment
    33  in cash of a toll owed for the use of such facility;
    34    (b)  "owner"  shall  mean  any person, corporation, partnership, firm,
    35  agency, association, lessor or organization who, at the time  of  incur-
    36  ring  an  obligation  to  pay a toll at a cashless tolling facility, and
    37  with respect to the vehicle identified in the toll  bill  or  notice  of
    38  violation:  (i) is the beneficial or equitable owner of such vehicle; or
    39  (ii) has title to such vehicle; or (iii) the registrant or co-registrant
    40  of such vehicle which is registered with the department of  motor  vehi-
    41  cles  of  this  state or any other state, territory, district, province,
    42  nation or other jurisdiction; or (iv) is subject to the limitations  set
    43  forth  in  subdivision ten of section twenty-nine hundred eighty-five of
    44  this title, uses such vehicle in  its  vehicle  renting  and/or  leasing
    45  business;  or  (v)  is  a person entitled to the use and possession of a
    46  vehicle subject to a security interest in another person;
    47    (c) "toll bill" shall mean a notice sent to an  owner  notifying  such
    48  owner  that  the  owner's vehicle has been used or operated in or upon a
    49  cashless tolling facility and the owner has incurred  an  obligation  to
    50  pay a toll;
    51    (d) "notice of violation" shall mean a notice sent to an owner notify-
    52  ing  such  owner  that a toll incurred at a cashless tolling facility by
    53  the owner has not been paid at the place and  time  and  in  the  manner

        S. 1508--A                         183                        A. 2008--A
     1  established  for  collection  of  such toll in the toll bill and that an
     2  administrative violation fee is being imposed for each such unpaid toll;
     3    (e)  "billing cycle" shall mean a period not to exceed thirty calendar
     4  days for purposes of consolidated toll billing;
     5    (f) "initial billing cycle" shall mean a period not to exceed  fifteen
     6  calendar days after identifying the owner or other party responsible for
     7  paying  the  toll  for  the  purpose of consolidated toll billing for an
     8  obligation to pay a toll for the first time at a cashless tolling facil-
     9  ity in a six-month period; and
    10    (g) "tolls by mail program" shall mean any program operated by  or  on
    11  behalf of a public authority to send a toll bill to an owner whose vehi-
    12  cle  crosses  a  cashless  tolling facility without an electronic device
    13  that successfully  transmits  information  through  an  electronic  toll
    14  collection  system  as  defined in subdivision twelve of section twenty-
    15  nine hundred eighty-five of this title.
    16    2. In the case of an owner who incurs an  obligation  to  pay  a  toll
    17  under  the  Tolls by Mail program at a cashless tolling facility, a toll
    18  bill shall be sent within six calendar days of the end  of  the  initial
    19  billing  cycle  and  each  subsequent  billing  cycle.  Unless the owner
    20  consents to have toll bills sent by electronic means  of  communication,
    21  toll  bills  shall  be  sent  to  the owner by first class mail by or on
    22  behalf of the public authority  which  operates  such  cashless  tolling
    23  facility.  The  owner  shall  have thirty days from the date of the toll
    24  bill to pay the incurred toll. The toll  bill  shall  include:  (i)  the
    25  total  amount  of the incurred tolls due, (ii) the date by which payment
    26  of the incurred tolls is due, (iii) an image of the license plate of the
    27  vehicle being used or operated on the toll facility, (iv) notice of  how
    28  to  dispute  the  tolls  and the grounds for doing so, and (v) any other
    29  information required by law or by the public authority. Each  toll  bill
    30  shall  identify  the  date,  time,  location,  license plate number, and
    31  state, territory, district, province, nation or  other  jurisdiction  of
    32  the license plate for each toll that has been incurred.
    33    3. Any toll bill required to be sent pursuant to this section by first
    34  class  mail  may  instead  be sent, with consent, by electronic means of
    35  communication by or on behalf of the public authority, which consent can
    36  be revoked at any time by the owner with notice to the public  authority
    37  or  its  agent. Such consent shall be deemed to be revoked when any toll
    38  bill is unable to be delivered by electronic means of communication.  It
    39  shall be the sole responsibility of the owner to update the address used
    40  for electronic means of communication to the owner. A manual or automat-
    41  ic  record  of electronic communications prepared in the ordinary course
    42  of business shall be adequate record of electronic notice.
    43    4. In the case of an owner who does not pay a toll incurred under  the
    44  Tolls  by  Mail program on a cashless facility at the place and time and
    45  in the manner established for collection of such toll in the toll  bill,
    46  a notice of violation shall be sent notifying the owner that the toll is
    47  unpaid  and  an  administrative  violation fee is being imposed for each
    48  such unpaid toll. The notice of violation shall be sent to the owner  by
    49  first  class mail by or on behalf of the public authority which operates
    50  such cashless tolling facility to an address supplied by the  applicable
    51  department  of motor vehicles, the United States Postal Service National
    52  Change of Address Service or the owner. The notice  of  violation  shall
    53  include:  (i)  the  total  amount  of  unpaid  tolls  and administrative
    54  violation fees due, (ii) the date by which  payment  of  the  tolls  and
    55  administrative  violation  fees  is due, and (iii) any other information
    56  required by law or by the public authority.  Each  notice  of  violation

        S. 1508--A                         184                        A. 2008--A
     1  shall  identify  the  date,  time,  location,  license plate number, and
     2  state, territory, district, province, nation or  other  jurisdiction  of
     3  the license plate for each unpaid toll that has been incurred.
     4    5.  Nothing  in  this  section  shall prohibit a public authority from
     5  collecting any toll, fee, or penalty in the event that an owner does not
     6  properly register a vehicle pursuant to the laws, rules and  regulations
     7  of this state, or any other state, territory, district, province, nation
     8  or other jurisdiction.
     9    6.  Any  owner  or responsible party who incurs an obligation to pay a
    10  toll under the Tolls by Mail program at a  public  authority's  cashless
    11  tolling  facility  shall have an option to receive text message or elec-
    12  tronic mail alerts that a toll has been incurred. Such alerts  shall  be
    13  provided  to the owner no more than seventy-two hours after the owner or
    14  responsible party is identified. Each public authority shall  create  an
    15  online  registration  for  text message or electronic mail alerts that a
    16  toll has been incurred under the Tolls by Mail  program  at  a  cashless
    17  tolling  facility. In the event an owner chooses to receive text message
    18  or electronic mail alerts of a toll incurred, it shall  be  the  owner's
    19  sole  responsibility  to  provide and then update any mobile numbers and
    20  any electronic mail addresses to which alerts  are  sent.  A  manual  or
    21  automatic  record  of electronic communications prepared in the ordinary
    22  course of business shall be adequate record of electronic notice.
    23    7. Any public authority that  operates  a  cashless  tolling  facility
    24  shall  maintain  a  website and toll-free phone number for any person to
    25  receive updated information on any tolls or fees which are  outstanding.
    26  Such  website  and  phone  number  shall be included on any toll bill or
    27  notice of violation sent by or on behalf of a public authority.
    28    8. Any public authority which operates  a  cashless  tolling  facility
    29  shall establish procedures for owners to dispute any tolls and violation
    30  fees  incurred  in  connection with toll bills. Such procedures shall be
    31  prominently displayed on such public authority's toll bills, notices  of
    32  violation and website.
    33    9.  Any  public  authority  which operates a cashless tolling facility
    34  shall conspicuously and prominently display  the  amount  of  tolls  for
    35  passenger  vehicles  and violation fees at that facility on signage of a
    36  reasonable size in a manner reasonably calculated to provide  ample  and
    37  adequate notice.
    38    10.  Nothing  in  this  section  shall  require  a public authority to
    39  perform any action or forebear from performing an action that  would  in
    40  the  public  authority's  sole  discretion  impair any covenant with the
    41  holders of any of the public authority's bonds,  notes  or  other  obli-
    42  gations.
    43    11.  This section shall not apply to the payment of the tolls by means
    44  of an electronic toll device that transmits information through an elec-
    45  tronic toll collection  system  as  defined  in  subdivision  twelve  of
    46  section twenty-nine hundred eighty-five of this title.
    47    12.  Every public authority which operates a cashless tolling facility
    48  shall undertake a public awareness campaign regarding  the  use  of  and
    49  process  involved  with  the  payment  of  tolls under the Tolls by Mail
    50  program at cashless tolling  facilities.  Each  public  authority  shall
    51  provide  for  sufficient  methods to obtain an electronic device for the
    52  charging of tolls  through  an  electronic  toll  collection  system  as
    53  defined in subdivision twelve of section twenty-nine hundred eighty-five
    54  of  this  title,  including,  in  the New York state thruway authority's
    55  discretion, making such devices available  at  service  areas  owned  or
    56  operated by the thruway authority.

        S. 1508--A                         185                        A. 2008--A
     1    § 2. This act shall take effect immediately.
     2                                   PART KK
     3    Section  1.  Paragraph  (a)  of  subdivision 17 of section 1005 of the
     4  public authorities law, as amended by chapter 494 of the laws  of  2011,
     5  is amended to read as follows:
     6    (a)  As  deemed feasible and advisable by the trustees, to (i) finance
     7  [and], design, develop, construct,  implement,  provide  and  administer
     8  energy-related projects, programs and services for itself, for any other
     9  public  entity,  any  independent  not-for-profit  institution of higher
    10  education within the state, [and] any recipient of [the] economic devel-
    11  opment power, expansion power, replacement  power,  preservation  power,
    12  high  load factor power, municipal distribution agency power, [power for
    13  jobs, and] or recharge New York power [programs administered]  allocated
    14  by  the  authority and any party located within the state under contract
    15  with the authority to purchase power from the authority pursuant to this
    16  title or any other law, and (ii) provide energy supply services for  any
    17  public  entity.  In  establishing  and  providing  high  performance and
    18  sustainable building programs and services authorized by  this  subdivi-
    19  sion,  the  authority  is  authorized  to consult standards, guidelines,
    20  rating systems, and/or criteria established or adopted by  other  organ-
    21  izations,  including but not limited to the United States green building
    22  council under its leadership in energy and environmental  design  (LEED)
    23  programs,  the  green  building initiative's green globes rating system,
    24  and the American National Standards Institute. The source of any financ-
    25  ing and/or loans provided by the authority  for  the  purposes  of  this
    26  subdivision  may be the proceeds of notes issued pursuant to section one
    27  thousand nine-a of this title, the proceeds of bonds issued pursuant  to
    28  section one thousand ten of this title, or any other available authority
    29  funds.
    30    §  2.  Subparagraphs  2  and  3  of paragraph (b) of subdivision 17 of
    31  section 1005 of the public authorities law, as added by chapter  477  of
    32  the  laws  of  2009  and such subdivision as renumbered by section 16 of
    33  part CC of chapter 60 of the laws  of  2011,  are  amended  to  read  as
    34  follows:
    35    (2)  "Energy-related  projects, programs and services" means projects,
    36  programs and services related  to  energy  efficiency  and  conservation
    37  [projects  and  services], energy management, energy supply reliability,
    38  clean energy technology [projects and services],  and  high  performance
    39  and  sustainable building [programs and services], and the construction,
    40  installation  and/or  operation  of  facilities  or  equipment  done  in
    41  connection with any such projects, programs or services.
    42    (3) "Energy services contract" or "contract" means a contract pursuant
    43  to  which  the  authority provides energy-related projects, programs and
    44  services or energy supply services.
    45    § 3. Paragraph (b) of subdivision 17 of section  1005  of  the  public
    46  authorities  law  is amended by adding a new subparagraph 2-a to read as
    47  follows:
    48    (2-a) "Energy supply services" means services pursuant  to  which  the
    49  authority supplies energy, power and/or related credits or attributes to
    50  a public entity, and includes the supply of any such energy products for
    51  the  purpose of meeting the energy-related needs of any municipal corpo-
    52  ration and/or the residents of a municipal corporation under a community
    53  choice aggregation program approved by the public service commission.

        S. 1508--A                         186                        A. 2008--A
     1    § 4. Paragraph (c) of subdivision 17 of section  1005  of  the  public
     2  authorities  law,  as  added by chapter 477 of the laws of 2009 and such
     3  subdivision as renumbered by section 16 of part CC of chapter 60 of  the
     4  laws of 2011, is amended to read as follows:
     5    (c) Any public entity is authorized to [enter into an energy services]
     6  contract  with  the  authority for energy-related projects, programs and
     7  services and contract with the authority for energy supply services that
     8  are authorized by this subdivision,  provided  that  (i)  the  authority
     9  issues  and  advertises  written requests for proposals from third party
    10  providers of goods and  services  in  accordance  with  the  authority's
    11  procurement policies, procedures and/or guidelines, and (ii) the author-
    12  ity shall not contract with a third party provider of goods and services
    13  if such person is listed on a debarment list maintained and published in
    14  accordance  with New York law, as being ineligible to submit a bid on or
    15  be awarded any public contract or subcontract with the state, any munic-
    16  ipal corporation or public body. For the purpose of meeting  the  energy
    17  needs  of  any municipal corporation and its residents under a community
    18  choice aggregation program approved by the  public  service  commission,
    19  the authority is authorized to contract with any entity that has entered
    20  into a written agreement with such municipal corporation to administer a
    21  community  choice  aggregation  program  or to procure energy or related
    22  products for such municipal corporation and/or its residents  under  the
    23  community choice aggregation program.
    24    §  5.  Subparagraph  (i) of paragraph (d) of subdivision 17 of section
    25  1005 of the public authorities law, as added by chapter 477 of the  laws
    26  of  2009  and such subdivision as renumbered by section 16 of part CC of
    27  chapter 60 of the laws of 2011, is amended to read as follows:
    28    (d)(i) Notwithstanding any other provision of law to the contrary, any
    29  energy services contract entered into by the authority with  any  public
    30  entity:  (1)  may  have  a  term  of  up  to thirty-five years duration,
    31  provided, however, that the duration of  any  such  contract  shall  not
    32  exceed  the  reasonably expected useful life of any facilities or equip-
    33  ment constructed, installed or operated as part of  such  energy-related
    34  projects, programs and services subject to such contract; and (2) in the
    35  case  of  an  energy services contract with any municipal corporation or
    36  agency, shall contain the following  clause:  "This  contract  shall  be
    37  deemed  executory  only  to  the  extent  of the monies appropriated and
    38  available for the purpose of the contract, and no liability  on  account
    39  therefor  shall  be  incurred  beyond  the  amount of such monies. It is
    40  understood that neither this contract  nor  any  representation  by  any
    41  public  employee  or  officer  creates  any legal or moral obligation to
    42  request, appropriate or make available monies for  the  purpose  of  the
    43  contract."  A  school  district  or  board  of  cooperative  educational
    44  services may only enter  into  an  energy  services  contract  with  the
    45  authority  for  such  maximum  term  as is prescribed in the regulations
    46  promulgated by the commissioner of education or the useful life  of  the
    47  facilities or equipment being constructed, installed or operated, which-
    48  ever is less.
    49    § 6. Section 1005 of the public authorities law is amended by adding a
    50  new subdivision 9-a to read as follows:
    51    9-a.  To  design, finance, develop, construct, install, lease, operate
    52  and maintain electric vehicle charging stations throughout the state for
    53  use by the public.
    54    § 7. This act shall take effect immediately.
    55                                   PART LL

        S. 1508--A                         187                        A. 2008--A
     1    Section 1. Section 1005 of the public authorities law  is  amended  by
     2  adding a new subdivision 26 to read as follows:
     3    26.  (a) The authority is authorized, as deemed feasible and advisable
     4  by the trustees, to plan, finance, construct, acquire, operate,  improve
     5  and  maintain,  either alone or jointly with one or more other entities,
     6  transmission facilities for the purpose of transmitting power and energy
     7  generated by renewable generation projects that are located in whole  or
     8  in  part  outside  state  jurisdictional  waters which supplies electric
     9  power and energy to the state of  New  York  that  the  authority  deems
    10  necessary  and  desirable in order to: (i) provide, support and maintain
    11  an adequate and reliable supply of electric  power  and  energy  in  the
    12  state  of  New York, and/or (ii) assist the state in meeting state ener-
    13  gy-related goals and standards.
    14    (b) The source of any financing and/or loans provided by the authority
    15  for any of the actions authorized in paragraph (a) of  this  subdivision
    16  may  be  the  proceeds  of notes issued pursuant to section one thousand
    17  nine-a of this title, the proceeds of bonds issued pursuant  to  section
    18  one thousand ten of this title, or any other available authority funds.
    19    § 2. Section 1005 of the public authorities law is amended by adding a
    20  new subdivision 27 to read as follows:
    21    27.  (a)  Notwithstanding any other provision of this title, as deemed
    22  feasible and advisable by the trustees, the authority is  authorized  to
    23  undertake  the following actions when it deems it necessary or desirable
    24  to address the energy-related needs of any (i) authority customer,  (ii)
    25  public entity, or (iii) CCA community:
    26    (1)  supply  power,  energy, or related credits or attributes procured
    27  through a competitive  process,  from  competitive  market  sources,  or
    28  through  negotiation on terms and conditions determined by the authority
    29  to be reasonable, to any  authority  customer,  public  entity,  or  CCA
    30  community; and
    31    (2)  (A) alone or jointly with one or more other entities, finance the
    32  development of renewable energy generating projects that are located  in
    33  the  state,  including  its territorial waters, and/or on property or in
    34  waters under the jurisdiction or  regulatory  authority  of  the  United
    35  States,  (B)  purchase  power,  energy  or related credits or attributes
    36  produced from such renewable energy generating projects, and  (C)  allo-
    37  cate and sell any such products to any authority customer, to any public
    38  entity,  and, for the purpose of meeting the energy-related needs of any
    39  CCA community, to any municipal corporation that supplies electricity to
    40  a CCA community or any other entity that  has  entered  into  a  written
    41  agreement  with  a  CCA  community to administer a CCA program or supply
    42  electricity to a CCA community.
    43    (b) Any public entity  is  hereby  authorized  to  contract  with  the
    44  authority  for  the  purchase  of  power,  energy, or related credits or
    45  attributes which the authority is authorized to supply  under  paragraph
    46  (a) of this subdivision.
    47    (c) The source of any financing and/or loans provided by the authority
    48  for  any  of the actions authorized in paragraph (a) of this subdivision
    49  may be the proceeds of notes issued pursuant  to  section  one  thousand
    50  nine-a  of  this title, the proceeds of bonds issued pursuant to section
    51  one thousand ten of this title, or any other available authority funds.
    52    (d) The authority shall complete and submit a  report,  on  or  before
    53  January  thirty-first,  two  thousand twenty, and annually thereafter on
    54  those actions undertaken pursuant to this subdivision to  the  governor,
    55  the  speaker of the assembly, the temporary president of the senate, the
    56  chair of the assembly ways and means committee, the chair of the  senate

        S. 1508--A                         188                        A. 2008--A
     1  finance  committee,  the  chair of the assembly energy committee and the
     2  chair of  the  senate  energy  and  telecommunications  committee.  Such
     3  report,  at a minimum, shall include: (i) a description of all renewable
     4  energy  generating  projects  developed  in connection with the authori-
     5  zation provided in this  subdivision,  including  the  total  number  of
     6  projects  developed, the renewable energy resource for each project, the
     7  location of each project, and the nameplate generating capacity of  each
     8  project;  (ii) identification of all public entities that have purchased
     9  renewable power, energy, or  related  credits  or  attributes  from  the
    10  authority  that  are  derived  from renewable energy generating projects
    11  developed in connection with the authorization provided in this subdivi-
    12  sion, including the projects from  which  such  products  were  derived;
    13  (iii)  identification  of  all  authority  customers that have purchased
    14  renewable power, energy, or  related  credits  or  attributes  from  the
    15  authority  that  are  derived  from renewable energy generating projects
    16  developed in connection with the authorization provided in this subdivi-
    17  sion, including the projects from which such products were derived;  and
    18  (iv) the aggregate amount of increased renewable power and energy gener-
    19  ation  developed  in  connection with the authorization in this subdivi-
    20  sion.
    21    (e) For purposes of this subdivision, the following terms  shall  have
    22  the  meanings  indicated  in this paragraph unless the context indicates
    23  another meaning or intent:
    24    (i) "Authority customer" means an entity located in the state to which
    25  the authority sells or is under contract to sell power or  energy  under
    26  the authority in this title or any other law.
    27    (ii)  "CCA community" means one or more municipal corporations located
    28  within the state that have provided for the purchase of  power,  energy,
    29  or related credits or other attributes under a CCA program.
    30    (iii)  "CCA  program"  means  a  community  choice aggregation program
    31  approved by the public service commission.
    32    (iv) "Public entity" has the meaning ascribed to that term by subpara-
    33  graph five of paragraph (b) of subdivision seventeen of this section.
    34    (v) "Renewable energy resources" means solar power, wind power, hydro-
    35  electric, and any other generation resource authorized by any  renewable
    36  energy standard adopted by the state for the purpose of implementing any
    37  state clean energy standard.
    38    (vi) "Renewable energy generating project" means a project that gener-
    39  ates  power  and  energy by means of renewable energy resources, or that
    40  stores and supplies power and energy generated  by  means  of  renewable
    41  energy  resources,  and  includes  the construction, installation and/or
    42  operation of ancillary facilities or equipment done in  connection  with
    43  any  such  renewable energy generating projects, provided, however, that
    44  such term shall not include the authority's Saint Lawrence hydroelectric
    45  project or Niagara hydroelectric project.
    46    (vii) "State" means the state of New York.
    47    § 3. Nothing in this act is intended to limit, impair, or  affect  the
    48  legal  authority  of  the Power Authority of the State of New York under
    49  any other provision of this title.
    50    § 4. This act shall take effect immediately.
    51                                   PART MM
    52    Section 1. The state finance law is amended by adding  a  new  section
    53  99-ff to read as follows:

        S. 1508--A                         189                        A. 2008--A
     1    §  99-ff. Parks retail stores fund. 1. Notwithstanding sections eight,
     2  eight-a and seventy of this chapter and  any  other  provision  of  law,
     3  rule,  regulation  or  practice  to the contrary, there is hereby estab-
     4  lished in the joint custody of the state comptroller and the commission-
     5  er of tax and finance a parks retail stores fund, which shall be classi-
     6  fied  by  the  state  comptroller as an enterprise fund, and which shall
     7  consist of all moneys received from  private  entities  and  individuals
     8  from  retail  operations  at  state  parks,  recreational facilities and
     9  historic sites operated by the office of parks, recreation and  historic
    10  preservation.
    11    2.  Moneys within the parks retail stores fund shall be made available
    12  to the commissioner of parks, recreation and historic  preservation  for
    13  services  and expenses relating to the operation of retail stores and in
    14  support of the sale of retail goods at state parks, recreational facili-
    15  ties and historic sites.
    16    § 2. The state finance law is amended by adding a new section 99-gg to
    17  read as follows:
    18    § 99-gg. Golf fund.  1. Notwithstanding sections  eight,  eight-a  and
    19  seventy of this chapter and any other provision of law, rule, regulation
    20  or  practice  to  the contrary, there is hereby established in the joint
    21  custody of the state comptroller and the commissioner of tax and finance
    22  a golf fund, which shall be classified by the state  comptroller  as  an
    23  enterprise  fund,  and  which shall consist of all moneys collected from
    24  private entities and individuals for the use of state-owned golf  cours-
    25  es,  any  other  miscellaneous fees associated with the use of such golf
    26  courses, and sale of retail goods  and  services  at  state  owned  golf
    27  courses.
    28    2.  Moneys within the golf fund shall be made available to the commis-
    29  sioner of parks, recreation and historic preservation for  services  and
    30  expenses  of  the  office of parks, recreation and historic preservation
    31  relating to the direct maintenance and operation  of  state  owned  golf
    32  courses,  and  in  support  of  the sale of retail goods and services at
    33  state owned golf courses.
    34    § 3. This act shall take effect immediately and  shall  be  deemed  to
    35  have been in full force and effect on and after April 1, 2019.
    36                                   PART NN
    37    Section  1.  Subdivision  7  of section 2611 of the public authorities
    38  law, as amended by section 3 of part C of chapter  60  of  the  laws  of
    39  2012, is amended to read as follows:
    40    7.  To  enter  into contracts, leases and subleases and to execute all
    41  instruments necessary or convenient for the conduct of  authority  busi-
    42  ness,  including  agreements with the park district and any state agency
    43  which administers, owns or supervises any olympic facility or  Belleayre
    44  Mountain  ski  center, as provided in sections twenty-six hundred twelve
    45  and twenty-six hundred fourteen of this title, and  including  contracts
    46  or  other  agreements  to  plan,  prepare  for and host olympic or other
    47  national or international games or events where such contracts or agree-
    48  ments would obligate the authority to defend,  indemnify  and/or  insure
    49  third  parties  in  connection with, arising out of, or relating to such
    50  games or events, such authority to be  limited  by  the  amount  of  any
    51  lawful appropriation or other funding such as a performance bond surety,
    52  or  other  collateral  instrument for that purpose.  With respect to the
    53  two thousand twenty-three world university games,  the  amount  of  such
    54  appropriation shall be no more than sixteen million dollars;

        S. 1508--A                         190                        A. 2008--A
     1    § 2. This act shall take effect immediately.
     2                                   PART OO
     3    Section  1.  Clauses  6  and 7 of subparagraph (B) of paragraph (i) of
     4  subdivision (b) of section 349-g of the highway law, as added by chapter
     5  78 of the laws of 2018, are amended to read as follows:
     6    6. Within the  waters  of  Flushing  Bay  South  45°-38'-00"  East,  a
     7  distance  of  1092.05'  to  a  point in the waters of Flushing Bay, said
     8  point also being the westerly line of Tax Map Lot 65 Block  [789]  1789,
     9  thence;
    10    7.  Along the westerly line of same South 05°-02'-52" East, a distance
    11  of 456.35' to a point in the westerly line of Tax Map Lot 65 Block [789]
    12  1789, thence;
    13    § 2. This act shall take effect immediately and  shall  be  deemed  to
    14  have  been  in full force and effect on and after chapter 78 of the laws
    15  of 2018 took effect, and shall be deemed repealed therewith.
    16                                   PART PP
    17    Section 1. Paragraph (r) of section 104-A of the business  corporation
    18  law is REPEALED.
    19    § 2. Subparagraphs 3 and 4 of paragraph (a) and paragraphs (b) and (c)
    20  of  section  306-A  of the business corporation law, as added by chapter
    21  469 of the laws of 1997, subparagraph 4 of paragraph (a) as  amended  by
    22  chapter  172  of  the laws of 1999, paragraphs (b) and (c) as amended by
    23  section 2 of part S of chapter 59 of the laws of 2015,  are  amended  to
    24  read as follows:
    25    (3) That sixty days prior to the filing of the certificate of resigna-
    26  tion  for  receipt of process with the department of state the party has
    27  sent a copy of the certificate of resignation for receipt of process  by
    28  registered  or  certified mail to the address of the registered agent of
    29  the designating corporation, if other than the party filing the  certif-
    30  icate  of  resignation[,]  for receipt of process, or if the [resigning]
    31  designating corporation has  no  registered  agent,  then  to  the  last
    32  address  of  the  designating corporation known to the party, specifying
    33  the address to which the copy was sent. If there is no registered  agent
    34  and  no  known  address  of the designating corporation, the party shall
    35  attach an affidavit to the  certificate  stating  that  a  diligent  but
    36  unsuccessful  search  was  made  by the party to locate the corporation,
    37  specifying what efforts were made.
    38    (4) That the designating corporation is required  to  deliver  to  the
    39  department  of  state a certificate of amendment or change providing for
    40  the designation by the corporation of a new address and  that  upon  its
    41  failure  to  file such certificate, its authority to do business in this
    42  state shall be suspended[, unless the corporation has previously filed a
    43  biennial statement under section four hundred eight of this chapter,  in
    44  which  case  the address of the principal executive office stated in the
    45  last filed biennial statement shall constitute the new address for proc-
    46  ess of the corporation, and no such certificate of amendment  or  change
    47  need be filed].
    48    (b)  Upon the failure of the designating corporation to file a certif-
    49  icate of amendment or change providing for the designation by the corpo-
    50  ration of the new address after the filing of a certificate of  resigna-
    51  tion  for  receipt of process with the secretary of state, its authority
    52  to do business in this state shall be suspended [unless the  corporation

        S. 1508--A                         191                        A. 2008--A

     1  has  previously  filed  a  statement under section four hundred eight of
     2  this chapter, in which case  the  address  of  the  principal  executive
     3  office  stated  in  the  last  filed statement, shall constitute the new
     4  address  for process of the corporation provided such address is differ-
     5  ent from the previous address for process, and the corporation shall not
     6  be deemed suspended].
     7    (c) The filing by the department of state of a certificate  of  amend-
     8  ment  or  change  [or statement under section four hundred eight of this
     9  chapter] providing for a new address by a designating corporation  shall
    10  annul  the  suspension  and  its  authority to do business in this state
    11  shall be restored and continue as if no suspension had occurred.
    12    § 3. Section 408 of the business corporation law is REPEALED.
    13    § 4. Section 409 of the business corporation law is REPEALED.
    14    § 5. Subdivision (e) of section 301 of the limited  liability  company
    15  law is REPEALED.
    16    §  6. Subdivision (c) of section 1101 of the limited liability company
    17  law is REPEALED.
    18    § 7. Subdivision (g) of section 121-1500 of the  partnership  law,  as
    19  amended  by  section  8  of part S of chapter 59 of the laws of 2015, is
    20  amended to read as follows:
    21    (g) [Each registered limited liability partnership shall, within sixty
    22  days prior to the fifth anniversary of the effective date of its  regis-
    23  tration  and  every  five  years  thereafter, furnish a statement to the
    24  department of state setting forth: (i) the name of the registered limit-
    25  ed liability partnership, (ii) the address of the  principal  office  of
    26  the  registered  limited  liability  partnership,  (iii) the post office
    27  address within or without this state to which  the  secretary  of  state
    28  shall  mail a copy of any process accepted against it served upon him or
    29  her, which address shall supersede any previous address on file with the
    30  department of state for this purpose, and (iv) a statement  that  it  is
    31  eligible  to  register  as  a  registered  limited liability partnership
    32  pursuant to subdivision (a) of this  section.  The  statement  shall  be
    33  executed  by  one  or  more partners of the registered limited liability
    34  partnership. The statement shall be  accompanied  by  a  fee  of  twenty
    35  dollars  if  submitted  directly to the department of state. The commis-
    36  sioner of taxation and finance and the secretary of state may  agree  to
    37  allow registered limited liability partnerships to provide the statement
    38  specified  in  this subdivision on tax reports filed with the department
    39  of taxation and finance in lieu of statements filed  directly  with  the
    40  secretary  of  state  and  in a manner prescribed by the commissioner of
    41  taxation and finance. If this agreement is made, starting  with  taxable
    42  years  beginning  on  or after January first, two thousand sixteen, each
    43  registered limited liability partnership required to file the  statement
    44  specified  in this subdivision that is subject to the filing fee imposed
    45  by paragraph three of subsection (c) of section six hundred  fifty-eight
    46  of  the  tax law shall provide such statement annually on its filing fee
    47  payment form filed with the department of taxation and finance  in  lieu
    48  of  filing  a  statement  under  this subdivision with the department of
    49  state. However, each registered limited liability  partnership  required
    50  to file a statement under this section must continue to file a statement
    51  with  the  department  of  state  as  required by this section until the
    52  registered limited liability partnership in fact has filed a filing  fee
    53  payment  form  with the department of taxation and finance that includes
    54  all required  information.  After  that  time,  the  registered  limited
    55  liability  partnership  shall continue to provide annually the statement
    56  specified in this subdivision on its filing fee payment form in lieu  of

        S. 1508--A                         192                        A. 2008--A

     1  the statement required by this subdivision. The commissioner of taxation
     2  and  finance  shall  deliver  the  completed statement specified in this
     3  subdivision to the department of state for  filing.  The  department  of
     4  taxation  and finance must, to the extent feasible, also include in such
     5  delivery the current name of the registered limited  liability  partner-
     6  ship,  department  of  state  identification  number for such registered
     7  limited liability partnership, the name, signature and capacity  of  the
     8  signer  of  the  statement,  name and street address of the filer of the
     9  statement, and the email address, if any, of the filer of the statement.
    10  If a registered limited liability partnership shall not timely file  the
    11  statement  required  by  this  subdivision, the department of state may,
    12  upon sixty days' notice mailed to the address of such registered limited
    13  liability partnership as shown in the last registration or statement  or
    14  certificate  of  amendment  filed  by  such registered limited liability
    15  partnership, make a proclamation  declaring  the  registration  of  such
    16  registered  limited liability partnership to be revoked pursuant to this
    17  subdivision. The department of state shall file the  original  proclama-
    18  tion  in its office and shall publish a copy thereof in the state regis-
    19  ter no later than three months following the date of such  proclamation.
    20  This  shall  not apply to registered limited liability partnerships that
    21  have filed a statement with the department of state through the  depart-
    22  ment  of taxation and finance. Upon the publication of such proclamation
    23  in the manner aforesaid, the registration  of  each  registered  limited
    24  liability partnership named in such proclamation shall be deemed revoked
    25  without  further  legal  proceedings.]  Any registered limited liability
    26  partnership whose registration was [so] revoked pursuant to this  subdi-
    27  vision as it existed on the day prior to the effective date of the chap-
    28  ter  of the laws of two thousand nineteen which amended this subdivision
    29  may file in the department of state a [statement required by this subdi-
    30  vision] certificate entitled, "Certificate of annulment of revocation of
    31  registration of ......(name of limited liability  partnership)  pursuant
    32  to  section  121-1500(g)  of  the Partnership Law", and shall set forth:
    33  (1) The name of the registered limited liability partnership and, if  it
    34  has been changed, the name under which it was initially registered.  (2)
    35  The date of the filing of its certificate of registration by the depart-
    36  ment of state.  (3) That it elects to annul the revocation of its regis-
    37  tration.    The certificate shall be executed by one or more partners of
    38  the registered limited  liability  partnership.    The  filing  of  such
    39  [statement]  certificate  shall  have the effect of annulling all of the
    40  proceedings theretofore taken for the revocation of the registration  of
    41  such registered limited liability partnership under this subdivision and
    42  (1)  the  registered  limited liability partnership shall thereupon have
    43  such powers, rights, duties and obligations as it had on the date of the
    44  publication of the proclamation, with the same force and  effect  as  if
    45  such  proclamation  had not been made or published and (2) such publica-
    46  tion shall not affect the applicability of the provisions of subdivision
    47  (b) of section twenty-six of this chapter to  any  debt,  obligation  or
    48  liability  incurred,  created or assumed from the date of publication of
    49  the proclamation through the date  of  the  filing  of  the  [statement]
    50  certificate  with the department of state. [If, after the publication of
    51  such proclamation, it shall be determined by  the  department  of  state
    52  that  the name of any registered limited liability partnership was erro-
    53  neously included in such proclamation, the  department  of  state  shall
    54  make appropriate entry on its records, which entry shall have the effect
    55  of annulling all of the proceedings theretofore taken for the revocation
    56  of  the  registration  of  such registered limited liability partnership

        S. 1508--A                         193                        A. 2008--A

     1  under this subdivision and (A) such registered limited  liability  part-
     2  nership shall have such powers, rights, duties and obligations as it had
     3  on  the date of the publication of the proclamation, with the same force
     4  and  effect  as  if such proclamation had not been made or published and
     5  (B)  such  publication  shall  not  affect  the  applicability  of   the
     6  provisions  of  subdivision (b) of section twenty-six of this chapter to
     7  any debt, obligation or liability incurred, created or assumed from  the
     8  date  of  publication of the proclamation through the date of the making
     9  of the entry on the records of  the  department  of  state.  Whenever  a
    10  registered  limited liability partnership whose registration was revoked
    11  shall have filed a statement pursuant to this subdivision or if the name
    12  of a registered limited liability partnership was  erroneously  included
    13  in  a proclamation and such proclamation was annulled, the department of
    14  state shall publish a notice thereof in the state register.]
    15    § 8. Paragraph (I) of subdivision (f) of section 121-1502 of the part-
    16  nership law, as amended by section 4 of part S of chapter 59 of the laws
    17  of 2015, is amended to read as follows:
    18    (I) [Each New York registered foreign  limited  liability  partnership
    19  shall, within sixty days prior to the fifth anniversary of the effective
    20  date  of its notice and every five years thereafter, furnish a statement
    21  to the department of state setting forth:
    22    (i) the name under which  the  New  York  registered  foreign  limited
    23  liability  partnership is carrying on or conducting or transacting busi-
    24  ness or activities in this state, (ii)  the  address  of  the  principal
    25  office of the New York registered foreign limited liability partnership,
    26  (iii)  the post office address within or without this state to which the
    27  secretary of state shall mail a copy of any process accepted against  it
    28  served  upon  him  or  her,  which  address shall supersede any previous
    29  address on file with the department of state for this purpose, and  (iv)
    30  a  statement  that  it  is  a foreign limited liability partnership. The
    31  statement shall be executed by one or more  partners  of  the  New  York
    32  registered foreign limited liability partnership. The statement shall be
    33  accompanied  by  a  fee  of  fifty  dollars if submitted directly to the
    34  department of state. The commissioner of taxation and  finance  and  the
    35  secretary of state may agree to allow New York registered foreign limit-
    36  ed  liability  partnerships  to  provide the statement specified in this
    37  paragraph on tax reports filed  with  the  department  of  taxation  and
    38  finance in lieu of statements filed directly with the secretary of state
    39  and  in a manner prescribed by the commissioner of taxation and finance.
    40  If this agreement is made, starting with taxable years beginning  on  or
    41  after  January  first,  two  thousand  sixteen, each New York registered
    42  foreign limited liability partnership required  to  file  the  statement
    43  specified in this paragraph that is subject to the filing fee imposed by
    44  paragraph  three of subsection (c) of section six hundred fifty-eight of
    45  the tax law shall provide such statement  annually  on  its  filing  fee
    46  payment  form  filed with the department of taxation and finance in lieu
    47  of filing a statement under this paragraph directly with the  department
    48  of  state.  However,  each New York registered foreign limited liability
    49  partnership required to file a statement under this section must contin-
    50  ue to file a statement with the department of state as required by  this
    51  section until the New York registered foreign limited liability partner-
    52  ship  in fact has filed a filing fee payment form with the department of
    53  taxation and finance that includes all required information. After  that
    54  time,  the  New  York  registered  foreign limited liability partnership
    55  shall continue to provide annually the statement specified in this para-
    56  graph on its filing fee payment form in lieu  of  filing  the  statement

        S. 1508--A                         194                        A. 2008--A

     1  required  by  this  paragraph directly with the department of state. The
     2  commissioner of taxation and finance shall deliver the completed  state-
     3  ment  specified in this paragraph to the department of state for filing.
     4  The  department  of  taxation  and finance must, to the extent feasible,
     5  also include in such delivery the current name of the  New  York  regis-
     6  tered  foreign  limited liability partnership, department of state iden-
     7  tification number for such New York registered foreign limited liability
     8  partnership, the name, signature and  capacity  of  the  signer  of  the
     9  statement,  name  and  street address of the filer of the statement, and
    10  the email address, if any, of the filer of the statement. If a New  York
    11  registered  foreign  limited liability partnership shall not timely file
    12  the statement required by this subdivision, the department of state may,
    13  upon sixty days' notice mailed to the address of such  New  York  regis-
    14  tered  foreign limited liability partnership as shown in the last notice
    15  or statement or certificate of amendment filed by such New  York  regis-
    16  tered foreign limited liability partnership, make a proclamation declar-
    17  ing  the  status  of  such New York registered foreign limited liability
    18  partnership to be revoked pursuant to this subdivision. This  shall  not
    19  apply to New York registered foreign limited liability partnerships that
    20  have  filed a statement with the department of state through the depart-
    21  ment of taxation and finance. The department of  state  shall  file  the
    22  original  proclamation in its office and shall publish a copy thereof in
    23  the state register no later than three months following the date of such
    24  proclamation. Upon the publication of such proclamation  in  the  manner
    25  aforesaid,  the  status  of  each  New  York  registered foreign limited
    26  liability partnership named in such proclamation shall be deemed revoked
    27  without further legal proceedings.]  Any  New  York  registered  foreign
    28  limited  liability partnership whose status was [so] revoked pursuant to
    29  this paragraph as it existed on the day prior to the effective  date  of
    30  the  chapter  of  the  laws  of two thousand nineteen which amended this
    31  paragraph may file in the department of state a [statement  required  by
    32  this  subdivision]  certificate  entitled, "Certificate of revocation of
    33  registration of ....  (name  of  New  York  registered  foreign  limited
    34  liability  partnership)  pursuant to section 121-1502(f)(I) of the Part-
    35  nership Law", and shall set forth:  (1) The name of the New York  regis-
    36  tered foreign limited liability partnership and, if it has been changed,
    37  the  name  under  which  it  was initially registered.   (2) The date of
    38  filing of its notice of registration by the department of  state.    (3)
    39  That it elects to annul the revocation of its registration.  The certif-
    40  icate  shall  be executed by one or more partners of the New York regis-
    41  tered foreign limited liability partnership.  The filing of such [state-
    42  ment] certificate  shall  have  the  effect  of  annulling  all  of  the
    43  proceedings  theretofore  taken for the revocation of the status of such
    44  New York registered foreign limited  liability  partnership  under  this
    45  subdivision  and  (1)  the New York registered foreign limited liability
    46  partnership shall thereupon have such powers, rights, duties  and  obli-
    47  gations  as  it  had on the date of the publication of the proclamation,
    48  with the same force and effect as if such proclamation had not been made
    49  or published and (2) such publication shall not affect the applicability
    50  of the laws of the jurisdiction governing the agreement under which such
    51  New York registered foreign limited liability partnership  is  operating
    52  (including  laws governing the liability of partners) to any debt, obli-
    53  gation or liability incurred, created or assumed from the date of publi-
    54  cation of the proclamation through the date of the filing of the  state-
    55  ment  with  the  department of state. [If, after the publication of such
    56  proclamation, it shall be determined by the department of state that the

        S. 1508--A                         195                        A. 2008--A

     1  name of any New York registered foreign  limited  liability  partnership
     2  was  erroneously  included in such proclamation, the department of state
     3  shall make appropriate entry on its records, which entry shall have  the
     4  effect  of  annulling  all  of the proceedings theretofore taken for the
     5  revocation of the status of such New  York  registered  foreign  limited
     6  liability  partnership  under  this  subdivision  and  (1) such New York
     7  registered foreign limited liability partnership shall have such powers,
     8  rights, duties and obligations as it had on the date of the  publication
     9  of the proclamation, with the same force and effect as if such proclama-
    10  tion  had  not been made or published and (2) such publication shall not
    11  affect the applicability of the laws of the jurisdiction  governing  the
    12  agreement under which such New York registered foreign limited liability
    13  partnership  is  operating  (including  laws  governing the liability of
    14  partners) to any debt, obligation  or  liability  incurred,  created  or
    15  assumed  from  the  date  of publication of the proclamation through the
    16  date of the making of the entry on the  records  of  the  department  of
    17  state. Whenever a New York registered foreign limited liability partner-
    18  ship  whose  status was revoked shall have filed a statement pursuant to
    19  this subdivision or if the name of a New York registered foreign limited
    20  liability partnership was erroneously included  in  a  proclamation  and
    21  such  proclamation was annulled, the department of state shall publish a
    22  notice thereof in the state register.]
    23    § 9. This act shall take effect on the ninetieth day  after  it  shall
    24  have  become  a  law; provided, however, sections one, two, three, four,
    25  five, seven and eight of this act shall take effect upon the development
    26  of a new computerized filing system currently  being  developed  by  the
    27  department  of  state;  provided further, however, that the secretary of
    28  state shall notify the legislative bill  drafting  commission  upon  the
    29  occurrence  of the development of a new computerized filing system being
    30  developed by the department of state in order that  the  commission  may
    31  maintain an accurate and timely effective data base of the official text
    32  of  the laws of the state of New York in furtherance of effectuating the
    33  provisions of section 44 of the legislative law and section 70-b of  the
    34  public officers law.
    35                                   PART QQ
    36    Section 1. Subdivision 6 of section 2897 of the public authorities law
    37  is amended by adding a new paragraph f to read as follows:
    38    f. Notwithstanding anything to the contrary in this section, disposals
    39  for use of the thruway authority's fiber optic system, or any part ther-
    40  eof,  may  be  made  through agreements based on set fees that shall not
    41  require public auction, provided that:
    42    (i) the thruway authority has determined the disposal of such property
    43  complies with all applicable provisions of this chapter;
    44    (ii) the thruway authority has determined that disposal of such  prop-
    45  erty is in the best interest of the thruway authority; and
    46    (iii) the set fees established by the thruway authority for use of the
    47  fiber  optic  system,  or part thereof, shall be based on an independent
    48  appraisal of the fair market value of the property.
    49    Disposals of the fiber optic system,  or  any  part  thereof,  through
    50  agreements  based  on  set fees shall not require the explanatory state-
    51  ments required by this section.
    52    § 2. This act shall take effect immediately.
    53                                   PART RR

        S. 1508--A                         196                        A. 2008--A
     1    Section 1. Subdivision 6 of section 1209  of  the  public  authorities
     2  law, as amended by chapter 30 of the laws of 2015, is amended to read as
     3  follows:
     4    6.  The  provisions  of  subdivisions one, two, three and four of this
     5  section shall not be applicable to  any  procurement  by  the  authority
     6  commenced  during the period from the effective date of this subdivision
     7  until December thirty-first, nineteen hundred ninety-one or  during  the
     8  period from December sixteenth, nineteen hundred ninety-three until June
     9  thirtieth,  two  thousand  [nineteen] twenty-five; and the provisions of
    10  subdivisions seven, eight, nine, ten, eleven,  twelve  and  thirteen  of
    11  this section shall only apply to procurements by the authority commenced
    12  during such periods. The provisions of such subdivisions one, two, three
    13  and  four  shall apply to procurements by the authority commenced during
    14  the period from December thirty-first, nineteen hundred ninety-one until
    15  December sixteenth, nineteen hundred ninety-three, and  to  procurements
    16  by  the authority commenced on and after July first, two thousand [nine-
    17  teen] twenty-five. Notwithstanding the foregoing, the provisions of such
    18  subdivisions one, two, three and four shall apply to (i)  the  award  of
    19  any  contract of the authority if the bid documents for such contract so
    20  provide and such bid documents are  issued  within  sixty  days  of  the
    21  effective  date  of  this  subdivision  or within sixty days of December
    22  sixteenth, nineteen hundred ninety-three, or (ii) for a  period  of  one
    23  hundred eighty days after the effective date of this subdivision, or for
    24  a  period  of one hundred eighty days after December sixteenth, nineteen
    25  hundred ninety-three, the award of any contract for which an  invitation
    26  to  bid, solicitation, request for proposal, or any similar document has
    27  been issued by the authority prior to the effective date of this  subdi-
    28  vision  or  during the period from January first, nineteen hundred nine-
    29  ty-two until December fifteenth, nineteen hundred ninety-three.
    30    § 2. Subdivision 1 of section 1265-a of the public authorities law, as
    31  amended by chapter 30 of the  laws  of  2015,  is  amended  to  read  as
    32  follows:
    33    1.  The provisions of this section shall only apply to procurements by
    34  the authority commenced during the period  from  April  first,  nineteen
    35  hundred eighty-seven until December thirty-first, nineteen hundred nine-
    36  ty-one,  and during the period from December sixteenth, nineteen hundred
    37  ninety-three until June thirtieth, two thousand [nineteen]  twenty-five;
    38  provided,  however,  that the provisions of this section shall not apply
    39  to (i) the award of any contract of the authority if the  bid  documents
    40  for  such  contract  so provide and such bid documents are issued within
    41  sixty days of the effective date of this section or within sixty days of
    42  December sixteenth, nineteen hundred ninety-three, or (ii) for a  period
    43  of  one  hundred eighty days after the effective date of this section or
    44  for a period of one hundred eighty days after December sixteenth,  nine-
    45  teen  hundred ninety-three, the award of any contract for which an invi-
    46  tation to bid, solicitation, request for proposal, or any similar  docu-
    47  ment  has  been  issued  by the authority prior to the effective date of
    48  this section or during the period from January first,  nineteen  hundred
    49  ninety-two until December sixteenth, nineteen hundred ninety-three.
    50    § 3. Section 15 of part OO of chapter 54 of the laws of 2016, amending
    51  the public authorities law relating to procurements by the New York city
    52  transit  authority and metropolitan transportation authority, is amended
    53  to read as follows:
    54    § 15. This act shall take effect immediately, and shall expire and  be
    55  deemed repealed [April 1, 2021] June 30, 2025.
    56    § 4. This act shall take effect immediately.

        S. 1508--A                         197                        A. 2008--A
     1    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     2  sion,  section  or  part  of  this act shall be adjudged by any court of
     3  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     4  impair,  or  invalidate  the remainder thereof, but shall be confined in
     5  its  operation  to the clause, sentence, paragraph, subdivision, section
     6  or part thereof directly involved in the controversy in which such judg-
     7  ment shall have been rendered. It is hereby declared to be the intent of
     8  the legislature that this act would  have  been  enacted  even  if  such
     9  invalid provisions had not been included herein.
    10    §  3.  This  act shall take effect immediately provided, however, that
    11  the applicable effective date of Parts A through RR of this act shall be
    12  as specifically set forth in the last section of such Parts.
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