Bill Text: NY S01508 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2019-2020 state fiscal year; clarifies the dormitory authority's authorization to finance certain health care facilities (Part A); extends the authority of the dormitory authority to enter into certain design and construction contracts (Part B); transfers and conveys certain property and requires the property to increase access and quality of health care services (Part C); relates to the effectiveness of certain waste tire management and recycling fees and provides for project funding (Part E); relates to unconditional gifts and donations promoting stewardship of state-owned lands and facilities (Part G); establishes guidelines for bag waste reduction; prohibits plastic carryout bags; authorizes fees for recyclable paper bags (Part H); establishes the professional requirements necessary for student loan servicers including but not limited to licensure requirements, grounds for suspension and/or revocation, examinations, and penalties (Part L); relates to effectiveness of certain provisions relating to the submission of reports about autonomous vehicle technology (Part M); extends the effectiveness of provisions of law permitting 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 (Part R); authorizes utility and cable television assessments to provide funds to the department of health from cable television markets, environmental conservation, office of parks, recreation and historic preservation (Part U); authorizes 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, and 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); relates to the powers of the urban development corporation to make loans (Part Y); extends provisions relating to the empire state development fund (Part Z); provides certain metropolitan transportation commuter district supplemental taxes, surcharges and fees to the metropolitan transportation authority without appropriation (Part FF); extends provisions relating to the resolution of labor disputes (Part HH); authorizes the NY power authority to design, finance, develop, construct, install, lease, operate and maintain electric charging stations (Part KK); provides for renewable power and energy by the Power Authority of the State of New York to authority customers, public entities and the CCA community (Part LL); establishes the parks retail stores fund, and the golf fund, as enterprise funds (Part MM); relates to powers of the New York state Olympic regional development authority to enter into agreements relating to hosting the World University Games (Part NN); relates to the donation of excess food and recycling of food scraps; requires designated food scraps generators to donate excess edible food and recycle food scraps; establishes responsibilities of waste transporters; requires an annual report by the department of environmental conservation on the operation of the food donation and food scraps recycling program (Part SS); extends provisions relating to owner liability for the failure of an operator to comply with traffic-control indications in various cities including but not limited to Mount Vernon, New Rochelle and White Plains and makes changes to certain reporting requirements for traffic-control photo violation monitoring systems (Part TT); creates the Westchester county renewable energy and energy efficiency resources program (Part UU).
Spectrum: Committee Bill
Status: (Passed) 2019-04-12 - SIGNED CHAP.58 [S01508 Detail]
Download: New_York-2019-S01508-Introduced.html
Bill Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2019-2020 state fiscal year; clarifies the dormitory authority's authorization to finance certain health care facilities (Part A); extends the authority of the dormitory authority to enter into certain design and construction contracts (Part B); transfers and conveys certain property and requires the property to increase access and quality of health care services (Part C); relates to the effectiveness of certain waste tire management and recycling fees and provides for project funding (Part E); relates to unconditional gifts and donations promoting stewardship of state-owned lands and facilities (Part G); establishes guidelines for bag waste reduction; prohibits plastic carryout bags; authorizes fees for recyclable paper bags (Part H); establishes the professional requirements necessary for student loan servicers including but not limited to licensure requirements, grounds for suspension and/or revocation, examinations, and penalties (Part L); relates to effectiveness of certain provisions relating to the submission of reports about autonomous vehicle technology (Part M); extends the effectiveness of provisions of law permitting 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 (Part R); authorizes utility and cable television assessments to provide funds to the department of health from cable television markets, environmental conservation, office of parks, recreation and historic preservation (Part U); authorizes 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, and 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); relates to the powers of the urban development corporation to make loans (Part Y); extends provisions relating to the empire state development fund (Part Z); provides certain metropolitan transportation commuter district supplemental taxes, surcharges and fees to the metropolitan transportation authority without appropriation (Part FF); extends provisions relating to the resolution of labor disputes (Part HH); authorizes the NY power authority to design, finance, develop, construct, install, lease, operate and maintain electric charging stations (Part KK); provides for renewable power and energy by the Power Authority of the State of New York to authority customers, public entities and the CCA community (Part LL); establishes the parks retail stores fund, and the golf fund, as enterprise funds (Part MM); relates to powers of the New York state Olympic regional development authority to enter into agreements relating to hosting the World University Games (Part NN); relates to the donation of excess food and recycling of food scraps; requires designated food scraps generators to donate excess edible food and recycle food scraps; establishes responsibilities of waste transporters; requires an annual report by the department of environmental conservation on the operation of the food donation and food scraps recycling program (Part SS); extends provisions relating to owner liability for the failure of an operator to comply with traffic-control indications in various cities including but not limited to Mount Vernon, New Rochelle and White Plains and makes changes to certain reporting requirements for traffic-control photo violation monitoring systems (Part TT); creates the Westchester county renewable energy and energy efficiency resources program (Part UU).
Spectrum: Committee Bill
Status: (Passed) 2019-04-12 - SIGNED CHAP.58 [S01508 Detail]
Download: New_York-2019-S01508-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 1508 A. 2008 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 IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the 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- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12573-01-9S. 1508 2 A. 2008 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- 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 toS. 1508 3 A. 2008 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- 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-S. 1508 4 A. 2008 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); and 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) 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 OO. 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 23 Section 1. Paragraph (b) of subdivision 2 of section 1676 of the 24 public authorities law is amended by adding two new undesignated para- 25 graphs to read as follows: 26 The office of parks, recreation and historic preservation. 27 The department of environmental conservation. 28 § 2. This act shall take effect immediately. 29 PART C 30 Section 1. Subdivision 25 of section 1678 of the public authorities 31 law is amended by adding two new paragraphs (e) and (f) to read as 32 follows: 33 (e) Notwithstanding any other provision of law to the contrary, 34 including but not limited to title five-A of article nine of this chap-S. 1508 5 A. 2008 1 ter, the Atlantic Avenue Healthcare Property Holding Corporation is 2 hereby authorized and empowered to sell, exchange, lease, transfer and 3 convey certain real property located at 483-503 Herkimer Street, 4 1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue, 5 all in Brooklyn, New York as directed by the commissioner of New York 6 state division of homes and community renewal, upon such terms and 7 conditions as such commissioner may fix and determine. 8 Such sale, exchange, lease, transfer and conveyance shall be consist- 9 ent with and made pursuant to a plan to increase access and quality of 10 health care services and preventative care and create affordable housing 11 approved by the commissioner of New York state division of homes and 12 community renewal, the commissioner of health and the director of the 13 division of the budget to transform the Central Brooklyn region. Such 14 plan may include, but shall not be limited to, initiatives intended to 15 increase access to open spaces and healthy food, transform health care 16 by increasing access and quality of health care services and preventa- 17 tive care, create affordable housing, create jobs, improve youth devel- 18 opment, and prevent community violence. 19 Notwithstanding the foregoing, no such sale, exchange, transfer, lease 20 or conveyance shall be permitted pursuant to this section, unless in the 21 opinion of bond counsel to the authority, such sale, exchange, transfer, 22 lease or conveyance does not impair the tax-exempt status of any 23 outstanding bonds or other obligations, if any, issued by the authority 24 to finance or refinance the subject property. For the purposes of such 25 opinion, the valuation of such property being sold, exchanged, trans- 26 ferred, leased or conveyed may reflect the terms and conditions set 27 forth in the plan. 28 (f) The description in paragraph (e) of this subdivision of the lands 29 to be transferred and conveyed is not intended to be a legal 30 description, but is intended only to identify the premises to be 31 conveyed. As a condition of transfer and conveyance, the Atlantic Avenue 32 Healthcare Property Holding Corporation shall receive an accurate survey 33 and description of the lands generally described in paragraph (e) of 34 this subdivision, which may be used in the conveyance thereof. 35 § 2. This act shall take effect immediately; provided, however, that 36 the amendments to subdivision 25 of section 1678 of the public authori- 37 ties law made by section one of this act shall survive the expiration 38 and reversion of such subdivision as provided by section 2 of chapter 39 584 of the laws of 2011, as amended. 40 PART D 41 Section 1. Paragraph (i) and the opening paragraph of paragraph (ii) 42 of subdivision (a) of section 2 of part F of chapter 60 of the laws of 43 2015, constituting the infrastructure investment act, as amended by 44 section 1 of part RRR of chapter 59 of the laws of 2017, are amended to 45 read as follows: 46 (i) "authorized state entity" shall mean the New York state thruway 47 authority, the department of transportation, the office of parks, recre- 48 ation and historic preservation, the department of environmental conser- 49 vation, the dormitory authority, the urban development corporation, the 50 office of general services, the department of health, and the New York 51 state olympic regional development authority and the New York state 52 bridge authority. 53 Notwithstanding the provisions of subdivision 26 of section 1678 of 54 the public authorities law, section 8 of the public buildings law,S. 1508 6 A. 2008 1 sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as 2 amended, section 103 of the general municipal law, and the provisions of 3 any other law to the contrary, the term "authorized state entity" shall 4 also refer to only those agencies or authorities identified below solely 5 in connection with the following authorized projects, provided that such 6 an authorized state entity may utilize the alternative delivery method 7 referred to as design-build contracts solely in connection with the 8 following authorized projects should the total cost of each such project 9 not be less than [five] one million two hundred thousand dollars 10 [($5,000,000)] ($1,200,000): 11 § 2. Subdivision (e) of section 2 of part F of chapter 60 of the laws 12 of 2015, constituting the infrastructure investment act, is amended to 13 read as follows: 14 (e) "design-build [contract]" shall mean a [contract] project delivery 15 method for the design and construction of a capital project with a 16 single entity, which may be a team comprised of separate entities. 17 § 3. Section 2 of part F of chapter 60 of the laws of 2015, constitut- 18 ing the infrastructure investment act is amended by adding three new 19 subdivisions (g), (h) and (i) to read as follows: 20 (g) "alternative project delivery contract" shall mean any project 21 delivery method, including but not limited to construction manager 22 build, construction manager at risk, and design-build, pursuant to which 23 one or more contracts for the provision of design or construction 24 services are awarded pursuant to an open and competitive method of 25 procurement. 26 (h) "construction manager at risk" shall mean a project delivery meth- 27 od whereby (i) a construction manager serves as part of a team in 28 conjunction with the owner in the design phase of the project; (ii) 29 during the construction phase, acts as general contractor for agreed 30 upon compensation as set forth in the construction manager at risk 31 agreement; and (iii) assumes the risk of construction costs exceeding an 32 amount specified in the construction manager at risk agreement. 33 (i) "construction manager build" shall mean a project delivery method 34 whereby a construction manager: (i) serves as part of a team in conjunc- 35 tion with the owner in the design phase of the project; (ii) under the 36 oversight of the owner acts as the single source of responsibility to 37 bid, select and hold construction contracts on behalf of the owner 38 during the construction phase; and (iii) manages the construction 39 project on behalf of the owner. 40 § 4. Section 3 of part F of chapter 60 of the laws of 2015, constitut- 41 ing the infrastructure investment act, as amended by section 3 of part 42 RRR of chapter 59 of the laws of 2017, is amended to read as follows: 43 § 3. Notwithstanding the provisions of section 38 of the highway law, 44 section 136-a of the state finance law, [section] sections 359, 1678, 45 1680, 1680-a and 2879-a of the public authorities law, [section] 46 sections 407-a, 6281 and 7210 of the education law, sections 8 and 9 of 47 the public buildings law, section 11 of chapter 795 of the laws of 1967, 48 sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as 49 amended, section 11 of section 1 of chapter 174 of the laws of 1968, as 50 amended, section 29 of chapter 337 of the laws of 1972, section 21 of 51 chapter 464 of the laws of 1972, section 103 of the general municipal 52 law, and the provisions of any other law to the contrary, and in 53 conformity with the requirements of this act, an authorized state entity 54 may utilize [the] alternative project delivery [method referred to as55design-build] contracts, in consultation with relevant local labor 56 organizations and construction industry, for capital projects located inS. 1508 7 A. 2008 1 the state and related to [the state's] physical infrastructure, includ- 2 ing, but not limited to, [the state's] buildings and appurtenant struc- 3 tures, highways, bridges, dams, flood control projects, canals, and 4 parks, including, but not limited to, to repair damage caused by natural 5 disaster, to correct health and safety defects, to comply with federal 6 and state laws, standards, and regulations, to extend the useful life of 7 or replace [the state's] buildings and appurtenant structures, highways, 8 bridges, dams, flood control projects, canals, and parks or to improve 9 or add to [the state's] buildings and appurtenant structures, highways, 10 bridges, dams, flood control projects, canals, and parks; provided that 11 for the contracts executed by the department of transportation, the 12 office of parks, recreation and historic preservation, or the department 13 of environmental conservation, the total cost of each such project shall 14 not be less than ten million dollars ($10,000,000). 15 § 5. Section 4 of part F of chapter 60 of the laws of 2015, constitut- 16 ing the infrastructure investment act, as amended by section 4 of part 17 RRR of chapter 59 of the laws of 2017, is amended to read as follows: 18 § 4. An entity selected by an authorized state entity to enter into [a19design-build contract shall] an alternative project delivery contract 20 may be selected through a two-step method, as follows: 21 (a) Step one. Generation of a list of entities that have demonstrated 22 the general capability to perform the [design-build] alternative project 23 delivery contract. Such list shall consist of a specified number of 24 entities, as determined by an authorized state entity, and shall be 25 generated based upon the authorized state entity's review of responses 26 to a publicly advertised request for qualifications. The authorized 27 state entity's request for qualifications shall include a general 28 description of the project, the maximum number of entities to be 29 included on the list, the selection criteria to be used and the relative 30 weight of each criteria in generating the list. Such selection criteria 31 shall include the qualifications and experience of the [design and32construction team] entity or team of entities, organization, demon- 33 strated responsibility, ability of the team or of a member or members of 34 the team to comply with applicable requirements, including the 35 provisions of articles 145, 147 and 148 of the education law, past 36 record of compliance with the labor law, and such other qualifications 37 the authorized state entity deems appropriate which may include but are 38 not limited to project understanding, financial capability and record of 39 past performance. The authorized state entity shall evaluate and rate 40 all entities responding to the request for qualifications. Based upon 41 such ratings, the authorized state entity shall list the entities that 42 shall receive a request for proposals in accordance with subdivision (b) 43 of this section. To the extent consistent with applicable federal law, 44 the authorized state entity shall consider, when awarding any contract 45 pursuant to this section, the participation of: (i) firms certified 46 pursuant to article 15-A of the executive law as minority or women-owned 47 businesses and the ability of other businesses under consideration to 48 work with minority and women-owned businesses so as to promote and 49 assist participation by such businesses; [and] (ii) small business 50 concerns identified pursuant to subdivision (b) of section 139-g of the 51 state finance law[.]; and (iii) firms certified pursuant to article 17-B 52 of the executive law as service-disabled veteran-owned businesses and 53 the ability of other businesses under consideration to work with 54 service-disabled veteran-owned businesses so as to promote and assist 55 participation by such businesses.S. 1508 8 A. 2008 1 (b) Step two. Selection of the proposal which is the best value to the 2 authorized state entity. The authorized state entity shall issue a 3 request for proposals to the entities listed pursuant to subdivision (a) 4 of this section. If such an entity consists of a team of separate enti- 5 ties, the entities that comprise such a team must remain unchanged from 6 the entity as listed pursuant to subdivision (a) of this section unless 7 otherwise approved by the authorized state entity. The request for 8 proposals shall set forth the project's scope of work, and other 9 requirements, as determined by the authorized state entity. The request 10 for proposals shall specify the criteria to be used to evaluate the 11 responses and the relative weight of each such criteria. Such criteria 12 shall include the proposal's cost, the quality of the proposal's 13 solution, the qualifications and experience of the [design-build] enti- 14 ty, and other factors deemed pertinent by the authorized state entity, 15 which may include, but shall not be limited to, the proposal's project 16 implementation, ability to complete the work in a timely and satisfac- 17 tory manner, maintenance costs of the completed project, maintenance of 18 traffic approach, and community impact. Any contract awarded pursuant to 19 this act shall be awarded to a responsive and responsible entity that 20 submits the proposal, which, in consideration of these and other speci- 21 fied criteria deemed pertinent to the project, offers the best value to 22 the authorized state entity, as determined by the authorized state enti- 23 ty. The request for proposals shall include a statement that entities 24 shall designate in writing those portions of the proposal that contain 25 trade secrets or other proprietary information that are to remain confi- 26 dential; that the material designated as confidential shall be readily 27 separable from the entity's proposal. Nothing herein shall be construed 28 to prohibit the authorized entity from negotiating final contract terms 29 and conditions including cost. All proposals submitted shall be scored 30 according to the criteria listed in the request for proposals and such 31 final scores shall be published on the authorized state entity's 32 website. 33 § 6. Section 7 of part F of chapter 60 of the laws of 2015, constitut- 34 ing the infrastructure investment act, is amended to read as follows: 35 § 7. If otherwise applicable, capital projects undertaken by the 36 authorized state entity pursuant to this act shall be subject to section 37 135 of the state finance law, section 101 of the general municipal law 38 and section 222 of the labor law; provided, however, that an authorized 39 entity may fulfill its obligations under section 135 of the state 40 finance law or section 101 of the general municipal law by requiring the 41 contractor to prepare separate specifications in accordance with section 42 135 of the state finance law or section 101 of the general municipal law 43 as the case may be. 44 § 7. Section 8 of part F of chapter 60 of the laws of 2015, constitut- 45 ing the infrastructure investment act, is amended to read as follows: 46 § 8. Each contract entered into by the authorized state entity pursu- 47 ant to this section shall comply with the objectives and goals of minor- 48 ity and women-owned business enterprises pursuant to article 15-A of the 49 executive law and of service-disabled veteran-owned business enterprises 50 pursuant to article 17-B of the executive law or, for projects receiving 51 federal aid, shall comply with applicable federal requirements for 52 disadvantaged business enterprises. 53 § 8. Section 11 of part F of chapter 60 of the laws of 2015, consti- 54 tuting the infrastructure investment act, is amended to read as follows: 55 § 11. The submission of a proposal or responses or the execution of [a56design-build] an alternative project delivery contract pursuant to thisS. 1508 9 A. 2008 1 act shall not be construed to be a violation of section 6512 of the 2 education law. 3 § 9. Section 13 of part F of chapter 60 of the laws of 2015, consti- 4 tuting the infrastructure investment act, as amended by section 11 of 5 part RRR of chapter 59 of the laws of 2017, is amended to read as 6 follows: 7 § 13. Alternative construction awarding processes. (a) Notwithstand- 8 ing the provisions of any other law to the contrary, the authorized 9 state entity may award [a construction] an alternative project delivery 10 contract: 11 1. To the [contractor] entity offering the best value; or 12 2. Utilizing a cost-plus not to exceed guaranteed maximum price form 13 of contract in which the authorized state entity shall be entitled to 14 monitor and audit all project costs. In establishing the schedule and 15 process for determining a guaranteed maximum price, the contract between 16 the authorized state entity and the contractor shall: 17 (i) describe the scope of the work and the cost of performing such 18 work; 19 (ii) include a detailed line item cost breakdown; 20 (iii) include a list of all drawings, specifications and other infor- 21 mation on which the guaranteed maximum price is based; 22 (iv) include the dates for substantial and final completion on which 23 the guaranteed maximum price is based; and 24 (v) include a schedule of unit prices; or 25 3. Utilizing a lump sum contract in which the [contractor] entity 26 agrees to accept a set dollar amount for a contract which comprises a 27 single bid without providing a cost breakdown for all costs such as for 28 equipment, labor, materials, as well as such [contractor's] entity's 29 profit for completing all items of work comprising the project. 30 4. The contract may include a combination of elements of the contract 31 types listed in this section and may provide for professional services 32 on a fee-for-service basis. 33 (b) Capital projects undertaken by an authorized state entity may 34 include an incentive clause in the contract for various performance 35 objectives, but the incentive clause shall not include an incentive that 36 exceeds the quantifiable value of the benefit received by the authorized 37 state entity. [The] Notwithstanding the provisions of sections 136 and 38 137 of the state finance law, the authorized state entity shall [estab-39lish] require such performance and payment bonds, bonds or other form of 40 undertaking, as it deems necessary. 41 § 10. Part F of chapter 60 of the laws of 2015, constituting the 42 infrastructure investment act is amended by adding a new section 15-a to 43 read as follows: 44 15-a. Any contract awarded pursuant to this act shall be deemed to be 45 awarded pursuant to a competitive procurement for purposes of section 46 2879-a of the public authorities law. 47 § 11. Section 17 of part F of chapter 60 of the laws of 2015, consti- 48 tuting the infrastructure investment act, as amended by section 14 of 49 part RRR of chapter 59 of the laws of 2017, is amended to read as 50 follows: 51 § 17. This act shall take effect immediately [and shall expire and be52deemed repealed 4 years after such date, provided that, projects with53requests for qualifications issued prior to such repeal shall be permit-54ted to continue under this act notwithstanding such repeal]. 55 § 12. This act shall take effect immediately.S. 1508 10 A. 2008 1 PART E 2 Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of 3 section 27-1905 of the environmental conservation law, as amended by 4 section 1 of part T of chapter 58 of the laws of 2016, are amended to 5 read as follows: 6 1. [Until December thirty-first, two thousand nineteen, accept] Accept 7 from a customer, waste tires of approximately the same size and in a 8 quantity equal to the number of new tires purchased or installed by the 9 customer; and 10 [Until December thirty-first, two thousand nineteen, post] Post writ- 11 ten notice in a prominent location, which must be at least eight and 12 one-half inches by fourteen inches in size and contain the following 13 language: 14 § 2. Subdivisions 1, 2, 3, and paragraph (a) of subdivision 6 of 15 section 27-1913 of the environmental conservation law, as amended by 16 section 2 of part T of chapter 58 of the laws of 2016, are amended to 17 read as follows: 18 1. [Until December thirty-first, two thousand nineteen, a] A waste 19 tire management and recycling fee of two dollars and fifty cents shall 20 be charged on each new tire sold. The fee shall be paid by the purchaser 21 to the tire service at the time the new tire or new motor vehicle is 22 purchased. 23 The waste tire management and recycling fee does not apply to: 24 (a) recapped or resold tires; 25 (b) mail-order sales; or 26 (c) the sale of new motor vehicle tires to a person solely for the 27 purpose of resale provided the subsequent retail sale in this state is 28 subject to such fee. 29 2. [Until December thirty-first, two thousand nineteen, the] The tire 30 service shall collect the waste tire management and recycling fee from 31 the purchaser at the time of the sale and shall remit such fee to the 32 department of taxation and finance with the quarterly report filed 33 pursuant to subdivision three of this section. 34 (a) The fee imposed shall be stated as an invoice item separate and 35 distinct from the selling price of the tire. 36 (b) The tire service shall be entitled to retain an allowance of twen- 37 ty-five cents per tire from fees collected. 38 3. [Until March thirty-first, two thousand twenty, each] Each tire 39 service maintaining a place of business in this state shall make a 40 return to the department of taxation and finance on a quarterly basis, 41 with the return for December, January, and February being due on or 42 before the immediately following March thirty-first; the return for 43 March, April, and May being due on or before the immediately following 44 June thirtieth; the return for June, July, and August being due on or 45 before the immediately following September thirtieth; and the return for 46 September, October, and November being due on or before the immediately 47 following December thirty-first. 48 (a) Each return shall include: 49 (i) the name of the tire service; 50 (ii) the address of the tire service's principal place of business and 51 the address of the principal place of business (if that is a different 52 address) from which the tire service engages in the business of making 53 retail sales of tires; 54 (iii) the name and signature of the person preparing the return;S. 1508 11 A. 2008 1 (iv) the total number of new tires sold at retail for the preceding 2 quarter and the total number of new tires placed on motor vehicles prior 3 to original retail sale; 4 (v) the amount of waste tire management and recycling fees due; and 5 (vi) such other reasonable information as the department of taxation 6 and finance may require. 7 (b) Copies of each report shall be retained by the tire service for 8 three years. 9 If a tire service ceases business, it shall file a final return and 10 remit all fees due under this title with the department of taxation and 11 finance not more than one month after discontinuing that business. 12 (a) [Until December thirty-first, two thousand nineteen, any] Any 13 additional waste tire management and recycling costs of the tire service 14 in excess of the amount authorized to be retained pursuant to paragraph 15 (b) of subdivision two of this section may be included in the published 16 selling price of the new tire, or charged as a separate per-tire charge 17 on each new tire sold. When such costs are charged as a separate per- 18 tire charge: (i) such charge shall be stated as an invoice item separate 19 and distinct from the selling price of the tire; (ii) the invoice shall 20 state that the charge is imposed at the sole discretion of the tire 21 service; and (iii) the amount of such charge shall reflect the actual 22 cost to the tire service for the management and recycling of waste tires 23 accepted by the tire service pursuant to section 27-1905 of this title, 24 provided however, that in no event shall such charge exceed two dollars 25 and fifty cents on each new tire sold. 26 § 3. Paragraph (b) and (c) of subdivision 1 of section 27-1915 of the 27 environmental conservation law, as amended by section 5 of part DD of 28 chapter 59 of the laws of 2010, are amended and a new paragraph (d) is 29 added to read as follows: 30 (b) abatement of noncompliant waste tire stockpiles; [and] 31 (c) administration and enforcement of the requirements of this arti- 32 cle, exclusive of titles thirteen and fourteen[.]; and 33 (d) conducting an updated market analysis of outlets for waste tire 34 utilization including recycling and energy recovery opportunities. 35 § 4. This act shall take effect immediately. 36 PART F 37 Section 1. Subdivisions 1, 2-a and 5-a of section 27-1003 of the envi- 38 ronmental conservation law, subdivision 1 as amended by section 2 of 39 part SS of chapter 59 of the laws of 2009, subdivision 2-a as amended by 40 section 2 of part F of chapter 58 of the laws of 2013, and subdivision 41 5-a as added by section 3 of part SS of chapter 59 of the laws of 2009, 42 are amended to read as follows: 43 1. "Beverage" means [carbonated soft drinks, water, beer, other malt44beverages and a wine product as defined in subdivision thirty-six-a of45section three of the alcoholic beverage control law. "Malt beverages"46means any beverage obtained by the alcoholic fermentation or infusion or47decoction of barley, malt, hops, or other wholesome grain or cereal and48water including, but not limited to ale, stout or malt liquor. "Water"49means any beverage identified through the use of letters, words or50symbols on its product label as a type of water, including any flavored51water or nutritionally enhanced water, provided, however, that "water"52does not include any beverage identified as a type of water to which a53sugar has been added] all carbonated and noncarbonated drinks in liquid 54 form and intended for internal human consumption.S. 1508 12 A. 2008 1 The term "beverage" shall not include: 2 a. milk and dairy derived products. "Milk" means whole milk, skim 3 milk, low-fat milk, cream, cultured milk, yogurt or any combination of 4 those products. The term "dairy derived products" includes any product 5 of which more than fifty percent of the ingredients are milk, milk fat, 6 cultured milk or yogurt; 7 b. rice milk, soy milk, nut milk or other milk substitute; 8 c. infant formula; 9 d. a liquid that is a syrup, in a concentrated form, or typically 10 added at less than five percent as a minor flavoring ingredient in food 11 or drink, such as extracts, cooking additives, sauces or condiments; 12 e. a liquid that is a medical prescription or over-the-counter drug 13 regulated by the United States Food and Drug Administration and consumed 14 for medicinal purposes only; 15 f. a liquid that is (i) regulated as a dietary supplement by the 16 United States Food and Drug Administration except one that is designed, 17 marketed and/or intended to be consumed as a beverage such as a sports 18 or hydration drink, or (ii) designed, marketed and/or intended to be 19 consumed as a meal or meal substitute as part of a weight loss program, 20 such as a diet shake; 21 g. products that are traditionally frozen at the time of sale; 22 h. products designed to be consumed in a frozen state; 23 i. instant drink powders; 24 j. seafood, meat or vegetable broths, or soups; and 25 k. alcoholic beverages other than: beer, malt beverages, and a wine 26 product as that term is defined in section three of the alcoholic bever- 27 age control law. "Malt beverages" means any beverage obtained by the 28 alcoholic fermentation or infusion or decoction of barley, malt, hops, 29 or other wholesome grain or cereal and water including, but not limited 30 to ale, stout or malt liquor. 31 2-a. "[Bottler] Beverage manufacturer" means a person, firm or corpo- 32 ration who: 33 a. bottles, cans or otherwise packages beverages in beverage contain- 34 ers [except that if]. If such packaging is for any other person, firm or 35 corporation having the right to bottle, can or otherwise package the 36 same brand of beverage, then such other person, firm or corporation 37 shall be considered to be the [bottler] beverage manufacturer for the 38 purposes of this title; or 39 b. imports filled beverage containers into the United States. 40 5-a. A "deposit initiator" for each beverage container for which a 41 refund value is established under section 27-1005 of this title means 42 the first person to charge a deposit on a filled beverage container. For 43 the purposes of charging such deposit the deposit initiator may be: 44 a. the [bottler of the beverage in such container] beverage manufac- 45 turer; 46 b. the distributor of such container if such distributor's purchase of 47 such container was not, directly or indirectly, from a registered depos- 48 it initiator; 49 c. [a dealer of such container who sells or offers for sale such50container in this state, whose purchase of such container was not,51directly or indirectly, from a registered deposit initiator] the brand 52 owner of a beverage; or 53 d. [an agent acting on behalf of a registered deposit initiator] any 54 other person as determined in rules or regulations promulgated by the 55 department.S. 1508 13 A. 2008 1 § 2. The environmental conservation law is amended by adding a new 2 section 27-1004 to read as follows: 3 § 27-1004. Deposit initiators. 4 1. a. For a beverage container manufactured in the United States, the 5 deposit on each filled beverage container must be initiated by the 6 beverage manufacturer, except as otherwise provided in this section. 7 b. The first distributor of a beverage may choose to initiate the 8 deposit if all of the following apply: 9 (i) the manufacturer does not sell, offer for sale, or distribute such 10 beverage to any person in the state or to any other person that distrib- 11 utes such beverage into the state; 12 (ii) the first distributor has a geographically exclusive distributor- 13 ship for the sale of such beverage; and 14 (iii) the manufacturer and the first distributor have a written agree- 15 ment detailing the specific geographic areas in the state of such exclu- 16 sive distributorship. 17 c. The person, firm or corporation who bottles, cans or otherwise 18 packages beverages in beverage containers may initiate the deposit for a 19 brand owner for whose exclusive account beverage containers bearing the 20 brand name or trademark are bottled, canned or packaged if the person, 21 firm or corporation is the exclusive bottler and there is a written 22 agreement establishing who is responsible for the pick-up and redemption 23 of empty containers. 24 2. For a beverage manufactured outside the United States, the deposit 25 on each filled beverage container must be initiated by the person, firm, 26 or corporation who imports filled beverage containers into the United 27 States. 28 3. Except as provided by this section, or as provided in rules or 29 regulations promulgated by the department, no other person may initiate 30 a deposit on a beverage container sold in New York state. 31 4. For the purposes of this title, there shall be only one deposit 32 initiator for the same type of beverage container who is responsible for 33 the proper initiation of deposits on such beverage containers; the 34 collection of empty beverage containers; and the payment of all refund 35 values and handling fees on those containers for each geographic sales 36 area in New York state. 37 5. a. A deposit initiator shall initiate deposits on filled beverage 38 containers sold to any other person outside of this state who intends to 39 sell such beverage containers for use or consumption in this state, and 40 any such sales into the state by any such other person must be accurate- 41 ly reported to the original deposit initiator in writing. 42 b. A registered deposit initiator that sells beverage containers to 43 purchasers at locations outside of the state without initiating a depos- 44 it shall inform the purchaser in writing that such filled beverage 45 containers cannot be sold in New York state without a deposit being 46 initiated by the appropriate deposit initiator. 47 6. A deposit initiator may contract in writing with an agent to act on 48 behalf of the deposit initiator to pick up, process, or administer 49 payments of deposits and handling fees on empty beverage containers 50 accepted from redemption centers and dealers on behalf of the deposit 51 initiator. As used in this title, the term "deposit initiator" shall 52 also include the agent of the deposit initiator when referring to a 53 deposit initiator's pickup and redemption requirements. An agent of a 54 deposit initiator shall comply with all of the deposit initiator's pick- 55 up and redemption requirements, unless otherwise specified in their 56 written agreement with the deposit initiator.S. 1508 14 A. 2008 1 § 3. Paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8, 9, 10, 2 11 and 12 of section 27-1007 of the environmental conservation law, 3 paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8, 9, 10 and 11 as 4 added by section 4 of part SS of chapter 59 of the laws of 2009, and 5 subdivision 12 as added by section 3 of part F of chapter 58 of the laws 6 of 2013, are amended and two new subdivisions 13 and 14 are added to 7 read as follows: 8 (a) A dealer shall accept at his or her place of business from a 9 redeemer any empty beverage containers of the design, shape, size, 10 color, composition and brand sold or offered for sale by the dealer, and 11 shall pay to the redeemer the refund value of each such beverage 12 container as established in section 27-1005 of this title. Redemptions 13 of refund value must be in legal tender, or a scrip or receipt from a 14 reverse vending machine, provided that the scrip or receipt can be 15 exchanged for legal tender for a period of not less than sixty days 16 without requiring the purchase of other goods. If the scrip or receipt 17 from a reverse vending machine expires, the expiration date must be 18 indicated on such scrip or receipt, or the dealer must post a conspicu- 19 ous sign indicating how many days a redeemer has to exchange the scrip 20 or receipt for legal tender. If notification of an expiration is not 21 provided, a dealer must redeem the full refund value indicated on any 22 legible scrip or receipt. The use or presence of a reverse vending 23 machine shall not relieve a dealer of any obligations imposed pursuant 24 to this section. If a dealer utilizes a reverse vending machine to 25 redeem containers, the dealer shall provide redemption of beverage 26 containers when the reverse vending machine is full, broken, under 27 repair or does not accept a type of beverage container sold or offered 28 for sale by such dealer and may not limit the hours or days of redemp- 29 tion except as provided by subdivision three of this section. 30 3. [On or after June first, two thousand nine, a] A dealer whose 31 primary business is the sale of food or beverages for consumption off- 32 premises and whose place of business is less than ten thousand square 33 feet in size may limit the number of empty beverage containers to be 34 accepted for redemption at the dealer's place of business to no less 35 than seventy-two containers per visit, per redeemer, per day[, provided36that:37(a) The dealer has a written agreement with a redemption center, be it38either at a fixed physical location within the same county and within39one-half mile of the dealer's place of business, or a mobile redemption40center, operated by a redemption center, that is located within one-41quarter mile of the dealer's place of business. The redemption center42must have a written agreement with the dealer to accept containers on43behalf of the dealer; and the redemption center's hours of operation44must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of45a mobile redemption center, the hours of operation must cover at least46four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The deal-47er must post a conspicuous, permanent sign, meeting the size and color48specifications set forth in subdivision two of this section, open to49public view, identifying the location and hours of operation of the50affiliated redemption center or mobile redemption center; and51(b) The dealer provides, at a minimum, a consecutive two hour period52between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up53to two hundred forty containers, per redeemer, per day, and posts a54conspicuous, permanent sign, meeting the size and color specifications55set forth in subdivision two of this section, open to public view, iden-S. 1508 15 A. 2008 1tifying those hours. The dealer may not change the hours of redemption2without first posting a thirty day notice; and3(c) The dealer's primary business is the sale of food or beverages for4consumption off-premises, and the dealer's place of business is less5than ten thousand square feet in size]. 6 5. [A] The failure of a deposit [initiator's] initiator, a deposit 7 initiator's agent, or [distributor's failure] a distributor to pick up 8 empty beverage containers[, including containers processed in a reverse9vending machine,] from a redemption center, dealer or the operator of a 10 reverse vending machine, shall be a violation of this title. 11 7. A deposit initiator [on a brand] who initiates a deposit on a 12 beverage container shall accept from [a] any other deposit initiator or 13 distributor who [does] did not initiate [deposits] a deposit on that 14 [brand any empty] beverage [containers of that brand] any empty beverage 15 container accepted by the other deposit initiator or distributor from a 16 dealer or operator of a redemption center and shall reimburse the other 17 deposit initiator or distributor the refund value of each such beverage 18 container, as established by section 27-1005 of this title. In addition, 19 the deposit initiator shall reimburse such other deposit initiator or 20 distributor for each such beverage container the handling fee estab- 21 lished under subdivision six of this section that was paid by the 22 redeeming distributor or deposit initiator. Without limiting the rights 23 of the department or any person, firm or corporation under this subdivi- 24 sion or any other provision of this [section] title, a distributor shall 25 have a civil right of action to enforce this subdivision, including, 26 upon three days notice, the right to apply for temporary and preliminary 27 injunctive relief against continuing violations, and until arrangements 28 for collection and return of empty containers or reimbursement of [such] 29 the redeeming distributor for such deposits and handling fees are made. 30 8. It shall be the responsibility of the deposit initiator or distrib- 31 utor to provide to a dealer or redemption center a sufficient number of 32 bags, cartons, or other suitable containers, at no cost, for the packag- 33 ing, handling and pickup of empty beverage containers that are not 34 redeemed through a reverse vending machine. The bags, cartons, or 35 containers must be provided by the deposit initiator or distributor on a 36 schedule that allows the dealer or redemption center sufficient time to 37 sort the empty beverage containers prior to pick up by the deposit 38 initiator or distributor. In addition: 39 (a) When picking up empty beverage containers, a deposit initiator or 40 distributor shall not require a dealer or redemption center to load 41 their own bags, cartons or containers onto or into the deposit initi- 42 ator's or distributor's vehicle or vehicles or provide the staff or 43 equipment needed to do so. However, where pallets or skids, bags, 44 cartons or containers are readily movable only by means of a forklift or 45 similar equipment, a deposit initiator or distributor may require a 46 dealer or redemption center to move or load such items at no cost using 47 a forklift or similar equipment belonging to the dealer or redemption 48 center. 49 (b) For empty containers not processed through a reverse vending 50 machine, a dealer or redemption center may provide to a deposit initi- 51 ator or a distributor a signed, written statement attesting to the count 52 of the number of containers tendered for redemption. If such statement 53 is provided, the deposit initiator or distributor shall pay the redemp- 54 tion center or dealer all applicable refunds and handling fees for the 55 containers as indicated on such statement, unless discrepancies discov- 56 ered during the course of an audit are documented by the deposit initi-S. 1508 16 A. 2008 1 ator or distributor and the reasons for the discrepancies are provided 2 in writing to the redemption center or dealer. A deposit initiator or 3 distributor [shall not] may require a redemption center or dealer's 4 count of empty containers to be [counted] audited at a location other 5 than the redemption center or dealer's place of business, if the redemp- 6 tion center or dealer refuses to allow an audit to be conducted at the 7 redemption center or dealer's place of business, if there is insuffi- 8 cient space to conduct an audit, or if an audit cannot be completed in a 9 safe, secure location protected from weather conditions. The dealer or 10 redemption center shall have the right to be present at [the count] an 11 audit conducted at a location other than the redemption center or deal- 12 er's place of business. 13 (c) A deposit initiator or distributor shall pick up empty beverage 14 containers from the dealer or redemption center at reasonable times and 15 intervals as determined in rules or regulations promulgated by the 16 department. 17 9. No person shall return or assist another to return to a dealer or 18 redemption center an empty beverage container for its refund value if 19 such container had previously been accepted for redemption by a dealer, 20 redemption center, [or] distributor, a deposit initiator who initiates 21 deposits on beverage containers of the same brand, or an agent of a 22 deposit initiator, or if such empty container was previously accepted by 23 a reverse vending machine. 24 10. A redeemer, dealer, distributor, deposit initiator or redemption 25 center shall not knowingly redeem an empty beverage container that was 26 not sold as a filled container in the state and on which a deposit was 27 never paid in New York state, and shall only pay deposits on the actual 28 number of empty beverage containers tendered and accepted for 29 redemption. 30 11. [Notwithstanding the provisions of subdivision two of section3127-1009 of this title, a deposit initiator or distributor shall accept32and redeem beverage containers as provided in this title, if the dealer33or operator of a redemption center shall have accepted and paid the34refund value of such beverage containers.] Once the refund value of an 35 empty beverage container has been paid by a deposit initiator who initi- 36 ates deposits on that type of beverage container, no person may knowing- 37 ly accept that empty beverage container from, or give or sell it to, any 38 person for the purpose of obtaining the refund value from any person. 39 12. No person shall [intentionally] program, tamper with, render inac- 40 curate, or circumvent the proper operation of a reverse vending machine 41 [to wrongfully elicit deposit monies when no valid, redeemable beverage42container has been placed in and properly processed by the reverse vend-43ing machine]. 44 13. No person shall transport empty beverage containers from out of 45 state into New York state for the purpose of tendering such beverage 46 containers for redemption. 47 14. a. Reverse vending machines shall be designed to prevent the frau- 48 dulent redemption of containers by utilizing the best available technol- 49 ogy and provide an accurate report containing the following information: 50 (i) the number of containers placed in the reverse vending machine 51 over a predetermined time period; 52 (ii) the product name of each beverage container placed in the reverse 53 vending machine; and 54 (iii) the material type and size of each beverage container placed in 55 the reverse vending machine.S. 1508 17 A. 2008 1 b. All reverse vending machines shall be audited by an independent 2 third-party auditor at least twice per year, but not within any four 3 consecutive months. 4 c. A reverse vending machine, any report provided from such machine, 5 and any audit of a reverse vending machine, are subject to inspection 6 and audit by the department. The department of taxation and finance is 7 authorized to audit any report from a reverse vending machine. 8 § 4. Section 27-1009 of the environmental conservation law, as amended 9 by section 4 of part F of chapter 58 of the laws of 2013, is amended to 10 read as follows: 11 § 27-1009. Refusal of acceptance. 12 1. A dealer or operator of a redemption center [may] shall refuse to 13 accept from a redeemer, and a deposit initiator or distributor [may] 14 shall refuse to accept from a dealer or operator of a redemption center 15 any empty beverage container which does not state thereon a refund value 16 as established by section 27-1005 and provided by section 27-1011 of 17 this title. 18 2. A dealer [or], operator of a redemption center, distributor, or 19 deposit initiator may also refuse to accept any broken bottle, any 20 corroded, crushed or dismembered container, or any beverage container 21 which [contains a significant amount of foreign material] is otherwise 22 altered so that it is rendered unredeemable, as determined in rules and 23 regulations to be promulgated by the commissioner. Such refusal must 24 occur at the time the beverage container is tendered for redemption. 25 Notwithstanding the foregoing, containers processed through a reverse 26 vending machine authorized by a distributor or deposit initiator, as 27 documented through reverse vending machine reconciliation statements or 28 other reasonable documentation, shall be accepted by a distributor or 29 deposit initiator. 30 § 5. Paragraph b of subdivision 1 of section 27-1011 of the environ- 31 mental conservation law, as amended by section 5 of part F of chapter 58 32 of the laws of 2013, is amended and a new subdivision 4 is added to read 33 as follows: 34 b. Such embossing or permanent imprinting on the beverage container 35 shall be the responsibility of the person, firm or corporation which 36 bottles, cans or otherwise fills or packages a beverage container or a 37 brand owner for whose exclusive account private label beverages are 38 bottled, canned or otherwise packaged; provided, however, that the duly 39 authorized agent of any such person, firm or corporation may indicate 40 such refund value by a label securely affixed on any beverage container 41 containing beverages imported into the United States. Private label 42 beverages shall be defined as beverages [purchased from a bottler] in 43 beverage containers bearing a brand name or trademark for sale [at44retail] or distribution, directly by the owner or licensee of such brand 45 name or trademark; or through [retail] dealers affiliated with such 46 owner or licensee by a cooperative [or], franchise, or other agreement. 47 4. No person shall sell in this state a drink container that indicates 48 a New York state refund value if the container is not a "beverage 49 container," as that term is defined by section 27-1003 of this title. 50 § 6. Subdivision 1, paragraphs a and b of subdivision 4, subdivisions 51 8 and 12 of section 27-1012 of the environmental conservation law, 52 subdivision 1, paragraphs a and b of subdivision 4 and subdivision 8 as 53 added by section 8 of part SS of chapter 59 of the laws of 2009, and 54 subdivision 12 as amended by section 6 of part F of chapter 58 of the 55 laws of 2013, are amended to read as follows:S. 1508 18 A. 2008 1 1. Each deposit initiator shall deposit in a refund value account an 2 amount equal to the refund value initiated under section 27-1005 of this 3 title which is received with respect to each beverage container sold by 4 such deposit initiator. Such deposit initiator shall hold the amounts in 5 the refund value account in trust for the state. A refund value account 6 shall be an interest-bearing account established in a banking institu- 7 tion located in this state, the deposits in which are insured by an 8 agency of the federal government. Deposits of such amounts into the 9 refund value account shall be made not less frequently than every [five] 10 thirty business days. All interest, dividends and returns earned on the 11 refund value account shall be paid directly into said account. The 12 monies in such accounts shall be kept separate and apart from all other 13 monies in the possession of the deposit initiator. The commissioner of 14 taxation and finance may specify a system of accounts and records to be 15 maintained with respect to accounts established under this subdivision. 16 a. Quarterly payments. An amount equal to eighty percent of the 17 balance outstanding in the refund value account at the close of each 18 quarter shall be paid to the commissioner of taxation and finance at the 19 time the report provided for in subdivision three of this section is 20 required to be filed. However, a deposit initiator who initiates depos- 21 its on beverage containers with a universal product code and label 22 design that is unique to this state, or used only in this state and any 23 other states that have a law substantially similar to this title, shall 24 be entitled to pay an amount equal to only sixty percent of the balance 25 outstanding in the refund value account attributable to such beverage 26 containers at the close of each quarter to the commissioner of taxation 27 and finance at the time the report provided for in subdivision three of 28 this section is required to be filed. The commissioner of taxation and 29 finance may require that the payments be made electronically. The 30 remaining twenty percent of the balance outstanding at the close of each 31 quarter shall be the monies of the deposit initiator and may be with- 32 drawn from such account by the deposit initiator. If the provisions of 33 this section with respect to such account have not been fully complied 34 with, each deposit initiator shall pay to such commissioner at such 35 time, in lieu of the amount described in the preceding sentence, an 36 amount equal to the balance which would have been outstanding on such 37 date had such provisions been fully complied with. The commissioner of 38 taxation and finance may require that the payments be made electron- 39 ically. 40 b. Refund value account shortfall. In the event a deposit initiator 41 pays out more in refund values than it collects in deposits of refund 42 values during the course of a quarterly period as described in subdivi- 43 sion three of this section, the deposit initiator may apply to the 44 commissioner of taxation and finance for a refund of the amount of such 45 excess payment of refund values from sources other than the refund value 46 account, in the manner as provided by the commissioner of taxation and 47 finance. A deposit initiator must apply for a refund no later than 48 twelve months after the due date for filing the quarterly report for the 49 quarterly period for which the refund claim is made. No interest shall 50 be payable for any refund paid pursuant to this paragraph. However, a 51 deposit initiator who initiates deposits on beverage containers that do 52 not have a universal product code and label design that is unique to 53 this state or used only in this state and any other states that have a 54 law substantially similar to this title shall not be entitled to a 55 refund pursuant to this subdivision.S. 1508 19 A. 2008 1 8. The commissioner of taxation and finance may require the mainte- 2 nance of such accounts, records or documents relating to the sale of 3 beverage containers, by any deposit initiator, [bottler] beverage 4 manufacturer, distributor, dealer or redemption center as such commis- 5 sioner may deem appropriate for the administration of this section. Such 6 commissioner may make examinations, including the conduct of facility 7 inspections during regular business hours, with respect to the accounts, 8 records or documents required to be maintained under this subdivision. 9 Such accounts, records and documents shall be preserved for a period of 10 three years, except that such commissioner may consent to their 11 destruction within that period or may require that they be kept longer. 12 Such accounts, records and documents may be kept within the meaning of 13 this subdivision when reproduced by any photographic, photostatic, 14 microfilm, micro-card, miniature photographic or other process which 15 actually reproduces the original accounts, records or documents. 16 12. a. Each deposit initiator shall provide a report to the department 17 describing all the types of beverage containers on which it initiates 18 deposits. The report shall include the product name, type of beverage, 19 size and composition of the beverage container, universal product code, 20 the ways in which the deposit initiator attempts to prevent the fraudu- 21 lent sale and redemption of brands of beverage containers it sells, and 22 any other information the department may require. Upon request, a depos- 23 it initiator shall also provide to the department a copy of the contain- 24 er label or a picture of any beverage container sold or offered for sale 25 in this state on which it initiates a deposit. Such information shall be 26 provided in a form as prescribed by the department. The department may 27 require that such forms be filed electronically. 28 b. A [bottler] beverage manufacturer may place on a beverage container 29 a universal product code or other distinctive marking that is specific 30 to the state or used only in the state and any other states with laws 31 substantially similar to this title as a means of preventing the sale or 32 redemption of beverage containers on which no deposit was initiated. 33 c. A [bottler] beverage manufacturer or deposit initiator shall notify 34 the department, in a form prescribed by the department, whenever a 35 beverage container or beverage container label is revised by altering 36 the universal product code, or whenever the container on which a 37 universal product code appears is changed in size, composition or glass 38 color, or whenever the container or container label on which a universal 39 product code appears is changed to include a universal product code that 40 is unique to the state or used only in the state and any other states 41 with laws substantially similar to this title. 42 d. The department may require the maintenance of such accounts, 43 records or documents relating to the sale and redemption of beverage 44 containers, by any deposit initiator, beverage manufacturer, distribu- 45 tor, dealer or redemption center as the department may deem appropriate 46 for the administration of this title. The department may make examina- 47 tions, including conducting facility inspections during regular busi- 48 ness hours, with respect to the accounts, records or documents required 49 to be maintained under this subdivision. Such accounts, records and 50 documents shall be preserved for a period of three years, except that 51 the department may consent to their destruction within that period or 52 may require that they be kept longer. Such accounts, records and docu- 53 ments may be kept within the meaning of this subdivision when reproduced 54 by any photographic, photostatic, microfilm, micro-card, miniature 55 photographic or other process which actually reproduces the original 56 accounts, records or documents.S. 1508 20 A. 2008 1 § 7. Section 27-1014 of the environmental conservation law, as amended 2 by section 10 of part SS of chapter 59 of the laws of 2009, is amended 3 to read as follows: 4 § 27-1014. Authority to promulgate rules and regulations. 5 In addition to the authority of the commissioner, under sections 6 27-1007, 27-1009, 27-1011, 27-1012, and 27-1013 of this title, the 7 commissioner shall have the power to promulgate rules and regulations 8 necessary and appropriate for the administration of this title and to 9 prevent the fraudulent sale, labeling and redemption of beverage 10 containers in New York state. 11 § 8. Section 27-1015 of the environmental conservation law, as amended 12 by section 8 of part F of chapter 58 of the laws of 2013 and subdivision 13 5-a as added by section 9 of part F of chapter 58 of the laws of 2013, 14 is amended to read as follows: 15 § 27-1015. Violations. 16 1. Civil and administrative sanctions. a. Except as otherwise provided 17 in this section and section 27-1012 of this title, any person who [shall18violate] violates any [provision] of the provisions of, or fails to 19 perform a duty imposed by this title, or any rule or regulation promul- 20 gated pursuant thereto, or any term or condition of any registration or 21 permit issued pursuant thereto, or any final determination or order of 22 the commissioner made pursuant to this title shall be liable [to the23state of New York] for a civil penalty of not more than five hundred 24 dollars for each violation, and an additional civil penalty of not more 25 than five hundred dollars for each day during which each such violation 26 continues. Any civil penalty may be assessed by the commissioner follow- 27 ing a hearing or opportunity to be heard or by the court in any action 28 or proceeding pursuant to section 71-2727 of this chapter. In addition, 29 such person may by similar process be enjoined from continuing such 30 violation and any permit or registration issued to such person may be 31 revoked or suspended or a pending renewal application denied. 32 [2.] b. [Any] In addition to any penalties imposed by the department 33 of taxation and finance as provided in section 27-1012 of this title, 34 any distributor, deposit initiator, redemption center or dealer who 35 violates any provision of this title, [except as provided in section3627-1012 of this title,] or fails to perform a duty imposed by this 37 title, or any rule or regulation promulgated pursuant thereto, or any 38 term or condition of any registration or permit issued pursuant thereto, 39 or any final determination or order of the commissioner made pursuant to 40 this title shall be liable [to the state of New York] for a civil penal- 41 ty of not more than one thousand dollars for each violation, and an 42 additional civil penalty of not more than one thousand dollars for each 43 day during which each such violation continues. Any civil penalty may be 44 assessed following a hearing or opportunity to be heard, or by the court 45 in any action or proceeding pursuant to section 71-2727 of this chapter. 46 In addition, such deposit initiator or distributor may by similar proc- 47 ess be enjoined from continuing such violation and any permit or regis- 48 tration issued to such person may be revoked or suspended or a pending 49 renewal application denied. 50 2. Criminal sanctions. a. Any person who, having any of the culpable 51 mental states defined in section 15.05 of the penal law, violates any 52 provision of or who fails to perform any duty imposed by this title, or 53 any rule or regulation promulgated pursuant thereto, or any final deter- 54 mination or order of the commissioner made pursuant to this title shall 55 be guilty of a violation and, upon conviction, shall be punished by a 56 fine of not more than five hundred dollars for each violation; each dayS. 1508 21 A. 2008 1 on which such violation occurs shall constitute a separate violation; 2 and for each such violation the person shall be subject, upon 3 conviction, to imprisonment for not more than fifteen days or to a fine 4 of not more than five hundred dollars, or to both imprisonment and fine. 5 b. In addition to any penalties imposed by the department of taxation 6 and finance as provided in section 27-1012 of this title, any distribu- 7 tor or deposit initiator who, having any of the culpable mental states 8 defined in section 15.05 of the penal law, violates any provision of or 9 who fails to perform any duty imposed by this title, or any rule or 10 regulation promulgated pursuant thereto, or any final determination or 11 order of the commissioner made pursuant to this title shall be guilty of 12 a violation and, upon conviction, shall be punished by a fine of not 13 more than one thousand dollars for each violation; each day on which 14 such violation occurs shall constitute a separate violation; and for 15 each such violation the person shall be subject, upon conviction, to 16 imprisonment for not more than fifteen days or to a fine of not more 17 than one thousand dollars, or to both such imprisonment and such fine. 18 [3.] c. It shall be unlawful for [a distributor or deposit initiator] 19 any person, acting alone or aided by another, to return any empty bever- 20 age container to a dealer [or], redemption center, distributor or depos- 21 it initiator for its refund value if [the] a distributor or deposit 22 initiator had previously accepted such beverage container from any deal- 23 er or operator of a redemption center or if such container was previous- 24 ly accepted by a reverse vending machine. A violation of this [subdivi-25sion] paragraph shall be a misdemeanor punishable by a fine of not less 26 than five hundred dollars nor more than one thousand dollars and an 27 amount equal to two times the amount of money received as a result of 28 such violation, or imprisonment for not more than one year, or to both 29 such imprisonment and such fines. 30 d. In addition to any other penalty provided by this title, any person 31 who violates subdivision twelve of section 27-1007 of this title, or any 32 rule or regulation promulgated pursuant thereto, or any final determi- 33 nation or order of the commissioner made pursuant to this title shall be 34 guilty of a misdemeanor and, upon conviction, shall be punished by a 35 fine of not more than one thousand dollars per day of violation, or by 36 imprisonment for not more than one year, or by both such fine and impri- 37 sonment. 38 e. In addition to any other penalty provided by this title, any deal- 39 er, distributor or deposit initiator, who knowingly or intentionally 40 violates any provision of or who fails to perform any duty imposed by 41 section 27-1005 or 27-1012 of this title, or any rule or regulation 42 promulgated pursuant thereto, or any final determination or order of the 43 commissioner made pursuant to this title shall be guilty of a misdemea- 44 nor and, upon conviction, shall be punished by a fine of not more than 45 one thousand dollars per day of violation, or by imprisonment for not 46 more than one year, or by both such fine and imprisonment. 47 3. Any product sold or distributed in the state that is not in compli- 48 ance with the deposit initiator registration or the labeling require- 49 ments established in this title may be removed from sale by the depart- 50 ment and the attorney general. 51 4. Any person who [willfully] tenders to a dealer, distributor, 52 redemption center or deposit initiator more than forty-eight empty 53 beverage containers for which such person knows or should reasonably 54 know that no deposit was paid in New York state may be assessed [by the55department] a civil penalty of up to one hundred dollars for each 56 container or up to twenty-five thousand dollars for each such tender ofS. 1508 22 A. 2008 1 containers. At each location where a person tenders containers for 2 redemption, dealers and redemption centers must conspicuously display a 3 sign in letters that are at least one inch in height with the following 4 information: "WARNING: Persons tendering for redemption containers on 5 which a deposit was never paid in this state may be subject to a civil 6 penalty of up to one hundred dollars per container or up to twenty-five 7 thousand dollars for each such tender of containers." Any civil penalty 8 may be assessed by the commissioner following a hearing or opportunity 9 to be heard, or by the court in any action or proceeding pursuant to 10 section 71-2727 of this chapter. In addition, such person may by similar 11 process be enjoined from continuing such violation and any permit or 12 registration issued to such person may be revoked or suspended or a 13 pending renewal application denied. 14 5. a. The department, the department of agriculture and markets, the 15 department of taxation and finance and the attorney general are hereby 16 authorized to enforce the provisions of this title and all monies 17 collected shall be deposited to the credit of the environmental 18 protection fund established pursuant to section ninety-two-s of the 19 state finance law. In addition, the provisions of section 27-1005 of 20 this title and subdivisions one, two, three, four, five, ten and eleven 21 of section 27-1007 of this title may be enforced by a county, city, town 22 or village and the local legislative body thereof may adopt local laws, 23 ordinances or regulations consistent with this title providing for the 24 enforcement of such provisions. 25 b. In addition, without limiting the rights of the department, or any 26 person, firm or corporation under this subdivision or any other 27 provision of this section, a dealer, owner or operator of a redemption 28 center, distributor, or deposit initiator shall have a civil right of 29 action to enforce the provisions of section 27-1009 of this title and 30 subdivisions four, five, six, and eight of section 27-1007 of this 31 title. 32 5-a. The [city of New York, Nassau county and Suffolk county] county 33 district attorney offices of all counties in this state are entitled to 34 retain [twenty-five] fifty percent of all monies collected as criminal, 35 civil, and administrative fines or penalties pursuant to enforcement of 36 section 27-1005 of this chapter. 37 6. (a) Any person who willfully violates or directs another to violate 38 the requirements to collect or charge the refund value imposed by 39 section 27-1005 or paragraph a of subdivision nine of section 27-1012 of 40 this title on five thousand or more beverage containers in one or more 41 separate transactions within one year shall be guilty of a class B 42 misdemeanor. 43 (b) Any person, having previously been convicted of a violation of 44 paragraph (a) of this section within the past three years, who willfully 45 violates or directs another to violate the requirements to collect or 46 charge the refund value imposed by section 27-1005 or paragraph a of 47 subdivision nine of section 27-1012 of this title on five thousand or 48 more beverage containers in one or more separate transactions within one 49 year shall be guilty of a class A misdemeanor. 50 (c) Any person who willfully violates or directs another to violate 51 the requirements to collect or charge the refund value imposed by 52 section 27-1005 or paragraph a of subdivision nine of section 27-1012 of 53 this title on twenty thousand or more beverage containers in one or more 54 separate transactions within one year shall be guilty of a class E felo- 55 ny.S. 1508 23 A. 2008 1 Nothing in this subdivision shall apply to common or contract carriers 2 or warehousemen while engaged in lawfully transporting or storing such 3 containers as merchandise, nor to any employee of such carrier or ware- 4 houseman acting within the scope of his or her employment. The above 5 notwithstanding, if a person is observed selling, offering for sale, or 6 otherwise distributing for compensation containers, of which the 7 requirements to collect or charge the refund value imposed by section 8 27-1005 or paragraph a of subdivision nine of section 27-1012 have not 9 been complied with, it shall be presumptive evidence that all such 10 containers in such person's possession are considered being possessed 11 with the intent to sell in New York state. It shall be an affirmative 12 defense to the above presumptive evidence clause that containers, as 13 described above, are not being possessed with the intent to sell in New 14 York state, as long as the entity maintains with the containers, 15 invoices, purchase orders, or other verifiable business records accepta- 16 ble to the department, which clearly document that the containers are 17 intended for sale to customers outside of New York state. 18 7. A violation of this title, except as otherwise provided in this 19 section and section 27-1012 of this title, shall be a public nuisance. 20 8. All officers and employees, designated by the commissioner, and all 21 police officers shall have power to seize as evidence without warrant 22 any beverage container, whether full or empty, and any container includ- 23 ing motor vehicles containing such containers, whenever they have cause 24 to believe it is possessed or transported in violation of law, or it 25 bears evidence of illegal sale or redemption, or it is possessed or 26 transported under circumstances making the possession or transportation 27 presumptive evidence of illegal sale or redemption. 28 9. If the defendant is held liable or found guilty in any prosecution, 29 civil or criminal, for a violation involving the illegal sale or intent 30 to sell beverages requiring a deposit or the illegal redemption of 31 returnable beverage containers in violation of any provisions of this 32 title, or if the defendant shall effect a civil compromise of any action 33 or cause of action in favor of the state arising out of such violation, 34 the defendant's interest in any and all beverages, beverage containers, 35 whether full or empty, and any vehicle or other conveyance used during 36 the commission of the violation of such provisions shall be forfeited to 37 the state. 38 § 9. Section 12 of part F of chapter 58 of the laws of 2013 amending 39 the environmental conservation law and the state finance law relating to 40 the "Cleaner, Greener NY Act of 2013", as amended by section 2-b of part 41 JJ of chapter 58 of the laws of 2017, is amended to read as follows: 42 § 12. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect on and after April 1, 2013; provided, 44 however, that the amendments to subdivision 5-a of section 27-1015 of 45 the environmental conservation law, as added by section nine of this 46 act, shall expire and be deemed repealed on April 1, [2019] 2021. 47 § 10. This act shall take effect on the sixtieth day after it shall 48 have become a law, provided, however, that section one of this act shall 49 take effect on April 1, 2020, and provided further that section nine of 50 this act shall take effect immediately and shall be deemed to have been 51 in full force and effect on and after April 1, 2019; and provided 52 further that the amendments to subdivision 5-a of section 27-1015 of the 53 environmental conservation law made by section eight of this act shall 54 not affect the repeal of such subdivision and shall be deemed repealed 55 therewith.S. 1508 24 A. 2008 1 PART G 2 Section 1. The environmental conservation law is amended by adding a 3 new section 3-0321 to read as follows: 4 § 3-0321. Conditional gifts, donations, capital improvements. 5 1. Notwithstanding the provisions of the state finance law, or any 6 other state law to the contrary, and subject to approval of the director 7 of the budget, the commissioner is authorized to accept a conditional 8 grant, gift, devise or bequest, either absolutely or in trust, from 9 persons and entities for the maintenance of any educational or recre- 10 ational facilities or for programs that promote the use or stewardship 11 of department owned lands; establish a special fund or funds consisting 12 of monies so acquired and administer such fund or funds; and expend such 13 monies in accordance with the terms and conditions of such grants, 14 gifts, devises or bequests. 15 2. Notwithstanding the provisions of the state finance law, or any 16 other state law to the contrary, the commissioner is authorized to: 17 (a) receive, hold and administer personal property and any income 18 thereof, acquired by grant, gift, devise or bequest, either absolutely 19 or in trust, for the maintenance of any educational or recreational 20 facilities or for programs that promote the use or stewardship of 21 department owned lands; establish a special fund or funds consisting of 22 monies so acquired and administer such fund or funds; and expend such 23 monies; 24 (b) enter into contracts or other agreements with private philanthrop- 25 ic interests or not-for-profit corporations to provide, either in whole 26 or in part, maintenance of any educational or recreational facilities or 27 programs that promote the use or stewardship of department owned lands 28 and authorize the use of department owned facilities or lands for such 29 private philanthropic interests or not-for-profit corporations to 30 conduct fund-raising activities for the support of such educational or 31 recreational facilities or programs; 32 (c) enter into cooperative agreements in furtherance of the depart- 33 ment's mission with persons or entities to promote outdoor recreational 34 activities and provide use of outdoor recreational equipment and oppor- 35 tunities for the public benefit on department owned lands; and 36 (d) seek investment from private philanthropic interest or not-for- 37 profit corporations for capital improvements at department owned facili- 38 ties. 39 3. The commissioner shall not accept any grant, gift, devise or 40 bequest from or enter into any contract or agreement authorized pursuant 41 to subdivision one of this section with persons or entities: 42 (a) named in a pending lawsuit by or against the department; 43 (b) under investigation by the department; 44 (c) with a permit or license application pending before the depart- 45 ment; 46 (d) engaged in settlement negotiations with the department regarding 47 any civil, criminal or administrative matter; or 48 (e) subject to a consent order issued by the department. 49 § 2. This act shall take effect immediately. 50 PART H 51 Section 1. Subdivisions 4 and 6 of section 27-2701 of the environ- 52 mental conservation law, as added by chapter 641 of the laws of 2008, 53 are amended and a new subdivision 8 is added to read as follows:S. 1508 25 A. 2008 1 4. "Plastic carryout bag" means [a plastic carryout] any film plastic 2 bag provided [by a store] to a customer [at the point of sale] to be 3 used by the customer to carry tangible personal property, regardless of 4 whether any tangible personal property or service is sold to the custom- 5 er, and regardless of whether any tangible personal property or service 6 sold is exempt from tax under article twenty-eight of the tax law. 7 6. "Store" means a retail establishment that provides plastic or paper 8 carryout bags to its customers as a result of the sale of a product and 9 (a) has over ten thousand square feet of retail space, or (b) such 10 retail establishment is part of a chain engaged in the same general 11 field of business which operates five or more units of over five thou- 12 sand square feet of retail space in this state under common ownership 13 and management. 14 8. "Paper carryout bag" means a paper bag provided to a customer to be 15 used by the customer to carry tangible personal property, regardless of 16 whether any tangible personal property or service is sold to the custom- 17 er, and regardless of whether any tangible personal property or service 18 sold is exempt from tax under article twenty-eight of the tax law. 19 § 2. Section 27-2705 of the environmental conservation law, as added 20 by chapter 641 of the laws of 2008 and subdivisions 2, 3 and 4 as 21 amended by chapter 481 of the laws of 2014, is amended to read as 22 follows: 23 § 27-2705. Recycling program requirements. 24 An at-store recycling program provided by the operator of a store 25 shall require: 26 1. [a plastic carryout bag provided by the store to have printed or27displayed on the bag, in a manner visible to a consumer, the words28"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-29er, such store shall be allowed for one year from the effective date of30this subdivision to use its existing stock of plastic carryout bags. A31store may also apply to the commissioner for approval of an alternative32plastic bag recycling message. The commissioner shall approve or reject33the proposed message within forty-five days;342.] a collection bin that is visible, easily accessible to the consum- 35 er, and clearly marked that the collection bin is available for the 36 purpose of collecting and recycling plastic carryout bags and film plas- 37 tic. This subdivision shall apply to stores not within an enclosed shop- 38 ping mall and stores of at least fifty thousand square feet within an 39 enclosed shopping mall. In the case of an enclosed shopping mall, the 40 owner of the enclosed mall shall place bins at reasonable intervals 41 throughout the enclosed mall area; 42 [3] 2. all plastic carryout bags and film plastic collected by the 43 store to be collected, transported and recycled along with any other 44 in-store plastic recycling, except for plastic bags that are not suffi- 45 ciently free of foreign material to enter the recycling stream. Plastic 46 carryout bags and film plastic collected by the store or the manufactur- 47 er, which are free of foreign material, shall not be disposed of in any 48 solid waste disposal facility permitted or authorized pursuant to title 49 seven of this article; 50 [4] 3. the store or its agent to maintain, for a minimum of three 51 years, records describing the collection, transport and recycling of 52 plastic carryout bags and film plastic collected by weight, provided 53 however that stores or its agents may weigh such bags, film plastic and 54 any other in-store plastic recycling at a regional collection center. 55 Such records shall be made available to the department upon request, to 56 demonstrate compliance with this title; andS. 1508 26 A. 2008 1 [5] 4. the operator of the store to (a) make reusable bags available 2 to customers within the store for purchase, and (b) permit a reuseable 3 bag to be used in lieu of a plastic carryout bag or paper bag. 4 § 3. The environmental conservation law is amended by adding a new 5 section 27-2708 to read as follows: 6 § 27-2708. Plastic carryout bag prohibition. 7 1. Beginning March first, two thousand twenty, providing plastic 8 carryout bags to customers is prohibited except as otherwise provided by 9 the department pursuant to regulations. 10 2. This prohibition shall not apply to (a) plastic bags used solely to 11 contain or wrap uncooked meat, fish, or poultry; (b) plastic bags used 12 by a customer solely to package bulk items, such as fruits, vegetables, 13 nuts, grains, or candy; (c) plastic bags used solely to contain food 14 sliced to order; (d) plastic bags used solely to contain a newspaper for 15 delivery to a subscriber; (e) plastic bags sold in bulk; (f) plastic 16 bags prepackaged for sale to a customer including, but not limited to, a 17 trash bag and a food storage bag; (g) plastic garment bags; (h) plastic 18 bags provided by a restaurant, tavern or similar food service establish- 19 ment, as defined in the state sanitary code, to carry out or deliver 20 food; or (i) any other bag exempted by the department in regulations. 21 § 4. Section 27-2713 of the environmental conservation law, as amended 22 by chapter 481 of the laws of 2014, is amended to read as follows: 23 § 27-2713. Preemption. 24 Jurisdiction in all matters pertaining to plastic bag [and], film 25 plastic recycling, and fees or other measures associated with reducing 26 the use of single use bags is by this article vested exclusively in the 27 state. Any provision of any local law or ordinance, or any rule or regu- 28 lation promulgated thereto, governing the recycling of plastic bags and 29 film plastic and fees or other measures associated with single use bags 30 shall, upon the effective date of this title, be preempted. Provided 31 however, nothing in this section shall preclude a person from coordinat- 32 ing for recycling or reuse the collection of plastic bags or film plas- 33 tic and provided further that nothing in this section shall preclude any 34 local law or ordinance, or any rule or regulation promulgated thereto, 35 governing the establishment of fees on paper carryout bags. 36 § 5. This act shall take effect immediately. 37 PART I 38 Section 1. Paragraphs a and b of subdivision 1 of section 23-1101 of 39 the environmental conservation law, as added by chapter 722 of the laws 40 of 1977, are amended to read as follows: 41 a. The exploration, development and production of gas in state-owned 42 lands, except state park lands, the marine and coastal district as 43 defined in section 13-0103 of this chapter, and the lands under the 44 waters of Lake Ontario or along its shoreline; and 45 b. The exploration, development and production of oil in state-owned 46 lands, except state park lands, the marine and coastal district as 47 defined in section 13-0103 of this chapter, and the lands under the 48 waters of Lake Erie and Lake Ontario or along their shorelines. 49 § 2. The environmental conservation law is amended by adding a new 50 section 23-1105 to read as follows: 51 § 23-1105. Prohibition on state authorizations related to oil and 52 natural gas production in federal waters. 53 1. Neither the department nor the office of general services shall 54 enter into any new lease or other conveyance, or lease modification,S. 1508 27 A. 2008 1 that authorizes or enables the installation of pipelines or support 2 facilities or infrastructure directly or indirectly associated with 3 exploration, development or production of oil or natural gas located in 4 the north Atlantic planning area. 5 2. For the purposes of this section, the following terms shall have 6 the following meanings: 7 a. "Development" means those activities taking place following the 8 discovery of commercially producible quantities of oil or natural gas, 9 including, platform construction, pipeline construction, and operation 10 of all onshore support facilities that are performed for the purposes of 11 ultimately producing oil or natural gas. 12 b. "Exploration" means any activity associated with the search of oil 13 or natural gas, including geophysical tests or the drilling of strati- 14 graphic wells. 15 c. "Federal waters" means those waters and submerged lands lying 16 seaward to the state waters of New York that appertain to the United 17 States and are subject to federal jurisdiction and control. 18 d. "North Atlantic planning area" means an area of federal waters in 19 the outer continental shelf totaling ninety-two million three hundred 20 twenty thousand acres adjacent to the coastal waters of Maine, New Hamp- 21 shire, Massachusetts, Rhode Island, Connecticut, New York, and New 22 Jersey. 23 e. "Production" means those activities that take place following the 24 successful completion of a well or field necessary for the removal of 25 oil or natural gas including field operations, transfer of resources to 26 shore, operation, monitoring, maintenance, and workover drilling. 27 3. The department is authorized to establish such rules and regu- 28 lations as it shall deem necessary to implement this section. 29 § 3. Section 80 of the transportation corporations law is amended to 30 read as follows: 31 § 80. [Definition] Definitions. 1. A pipe line corporation is a 32 corporation organized to construct and operate for public use, wholly 33 within or partly without this state, except in the city of New York, 34 lines of pipe for conveying or transporting therein petroleum, gas, 35 liquids or any products or property, or, except in such city, to main- 36 tain and operate for public use for which such purposes lines of pipe 37 already constructed. 38 2. For the purposes of this article, the terms "exploration", "devel- 39 opment", "production", "federal waters", and "north Atlantic planning 40 area" shall be defined as in section 23-1105 of the environmental 41 conservation law. 42 § 4. Section 83 of the transportation corporations law is amended to 43 read as follows: 44 § 83. Condemnation of real property. In case such corporation is 45 unable to agree for the purchase of any real property required for the 46 purposes of its incorporation, and its route in the county in which such 47 real property is situated has been finally located, it shall have the 48 right to acquire title thereto by condemnation, but such corporation 49 shall not locate its route or construct any line of pipe through or 50 under any building, dooryard, lawn, garden or orchard, except by the 51 consent of the owner thereof in writing duly acknowledged, nor through 52 any cemetery or burial ground, nor within one hundred feet of any build- 53 ing except where such line is authorized by public officers to be laid 54 across or upon any public highway, and shall not install pipelines that 55 support facilities or infrastructure associated with exploration, devel- 56 opment, or production of oil or natural gas in federal waters located inS. 1508 28 A. 2008 1 the north Atlantic planning area. No such corporation shall lay or 2 construct its line of pipe through or under a street in any city, unless 3 it shall first obtain the consent of a majority of the owners of proper- 4 ty abutting on that portion of the street in which its pipe line is to 5 be laid. Such pipe line shall be laid with reasonable care and prudence. 6 § 5. Section 89 of the transportation corporations law, as amended by 7 chapter 60 of the laws of 1962, is amended to read as follows: 8 § 89. Over state lands. The commissioner of general services shall 9 have power to grant to any pipe line corporation any lands belonging to 10 the people of this state which may be required for the purposes of its 11 incorporation on such terms as may be agreed, or such corporation may 12 acquire title thereto by condemnation, except that no corporation may 13 condemn any lands for the purposes of the installation of pipelines or 14 support facilities or infrastructure associated with exploration, devel- 15 opment, or production of oil or natural gas in the north Atlantic plan- 16 ning area, and further excepting that no pipe line corporation may 17 condemn any canal lands abandoned pursuant to the provisions of article 18 four of the public lands law[, constituting chapter fifty of the laws of19nineteen hundred nine, as amended,] until after they have been sold and 20 conveyed in the manner provided by the public lands law. If any lands 21 owned by any county, city or town be required by such corporation for 22 such purposes, the county, city or town officers having charge of such 23 lands may grant them to the corporation upon terms and compensation 24 agreed upon. 25 § 6. Section 70 of the navigation law is amended by adding a new 26 subdivision 3 to read as follows: 27 3. No petroleum-bearing vessel transporting crude oil produced in the 28 north Atlantic planning area may enter or move upon the navigable waters 29 of the state or any tidewaters bordering on or lying within the bounda- 30 ries of Nassau and Suffolk counties. For purposes of this subdivision, 31 "north Atlantic planning area" shall be defined as in section 23-1105 of 32 the environmental conservation law. 33 § 7. Section 174 of the navigation law is amended by adding a new 34 subdivision 12 to read as follows: 35 12. (a) The department is prohibited from issuing or renewing any 36 license for any major facility storing or transferring petroleum 37 produced in the navigable waters of the state or any tidewaters border- 38 ing on and lying within the boundaries of Nassau and Suffolk counties. 39 (b) The department is prohibited from issuing or renewing any license 40 for any major facility intended to transfer or store crude oil from any 41 vessel which holds petroleum transported directly from any pipeline, 42 support facility, or infrastructure associated with the production of 43 crude oil from the north Atlantic planning area. For purposes of this 44 subdivision, "development", "federal waters", "north Atlantic planning 45 area" and "production" shall be defined as in section 23-1105 of the 46 environmental conservation law. 47 § 8. Severability clause. If any clause, sentence, paragraph, subdi- 48 vision, section or part of this act shall be adjudged by any court of 49 competent jurisdiction to be invalid, such judgment shall not affect, 50 impair, or invalidate the remainder thereof, but shall be confined in 51 its operation to the clause, sentence, paragraph, subdivision, section 52 or part thereof directly involved in the controversy in which such 53 judgement shall have been rendered. It is hereby declared to be in the 54 intent of the legislature that this act would have been enacted even if 55 such invalid provisions had not been included herein. 56 § 9. This act shall take effect immediately.S. 1508 29 A. 2008 1 PART J 2 Section 1. Subdivisions 4 and 5 of section 24-0301 of the environ- 3 mental conservation law, as amended by chapter 16 of the laws of 2010, 4 are amended to read as follows: 5 4. Upon completion of the tentative freshwater wetlands map for a 6 particular area, the commissioner or his or her designated hearing offi- 7 cer shall hold a public hearing in that area in order to afford an 8 opportunity for any person to propose additions or deletions from such 9 map. The commissioner shall give notice of such hearing to each owner of 10 record as shown on the latest completed tax assessment rolls, of lands 11 designated as such wetlands as shown on said map and also to the chief 12 administrative officer and clerk of each local government within the 13 boundaries of which any such wetland or a portion thereof is located 14 and, in the case of a tentative freshwater wetlands map for any area 15 within the Adirondack park, to the Adirondack park agency, [by certified16by certified mail in any case where a47notice by certified mail was not sent pursuant to subdivision four of48this section, and in all other cases by first class mail]. The commis- 49 sioner shall also give notice of such order at such time to the chief 50 administrative officer of each local government within the boundaries of 51 which any such wetland or a portion thereof is located. At the time of 52 filing with such clerk or clerks, the commissioner shall also cause a 53 copy of such order to be published in at least two newspapers having 54 general circulation in the area where such wetlands are located. TheS. 1508 30 A. 2008 1 commissioner may post on the department's website a digital image that 2 represents the final freshwater wetlands map. 3 § 2. Subdivisions 3 and 4 of section 25-0201 of the environmental 4 conservation law, as amended by chapter 598 of the laws of 1976, are 5 amended to read as follows: 6 3. Upon completion of a tentative tidal wetlands boundary map for a 7 particular area, the commissioner or his or her designated hearing offi- 8 cer shall hold a public hearing in order to afford an opportunity for 9 any person to propose additions or deletions from such map. The commis- 10 sioner shall give notice of such hearing to each owner of record of all 11 lands designated as such wetland as shown on such maps, and also to the 12 chief administrative officer of each municipality within whose boundary 13 any such wetland or portion thereof is located[, by certified mail,14return receipt requested,] not less than thirty days prior to the date 15 set for such hearing. The commissioner shall also cause notice of such 16 hearing to be published [at least once], not [more than thirty days nor] 17 fewer than [ten] thirty days before the date set for such hearing, in at 18 least two newspapers having a general circulation in the area where such 19 wetlands are located. 20 4. After considering the testimony given at such hearing and any other 21 facts which may be deemed pertinent and after considering the rights of 22 affected property owners and the policy and purposes of this act, the 23 commissioner shall establish by order the final bounds of each such 24 wetland. A copy of the order, together with a copy of the map depicting 25 such final boundary lines, shall be filed in the office of the clerk of 26 the county in which each such wetland is located. The commissioner shall 27 simultaneously give notice of such order to each owner of all lands 28 designated as such wetlands by mailing a copy of such order to such 29 owner. The commissioner shall also simultaneously give notice of such 30 order [by certified mail] to the chief administrative officer of each 31 municipality within whose boundary any such wetland or portion thereof 32 is located. The commissioner shall also cause a copy of such order to be 33 published in at least two newspapers having a general circulation in the 34 area where such wetlands are located. 35 § 3. This act shall take effect immediately. 36 PART K 37 Section 1. Legislative intent. The legislature hereby finds that 38 consumers in the state do not have ready access to information about the 39 products they may use and the product ingredients they may be exposed to 40 every day. While the state has taken steps to ban certain product ingre- 41 dients known to be harmful to human health and the environment, more 42 must be done to give consumers real time access to product ingredient 43 information so consumers can make informed decisions about which 44 products to buy and use. Specifically, consumers should have the right 45 to know if a product contains a carcinogen, mutagen or endocrine disrup- 46 tors and other chemicals of concern, the state, as trustee of its 47 natural resources should have the means to identify substances which may 48 be discharged to the environment. 49 § 2. Subdivision 1 of section 35-0103 of the environmental conserva- 50 tion law is amended to read as follows: 51 1. "[Household cleansing] Cleansing product" means any product, 52 including but not limited to soaps and detergents, containing a surfac- 53 tant as a wetting or dirt emulsifying agent and used primarily for 54 domestic [or], commercial, or industrial cleaning purposes, includingS. 1508 31 A. 2008 1 but not limited to, the cleansing of fabrics, dishes, food utensils and 2 household and commercial premises. [Household cleansing] Cleansing prod- 3 uct shall not mean foods, drugs, cosmetics, insecticides, fungicides and 4 rodenticides or cleansing products used primarily in industrial manufac- 5 turing, production and assembling processes as provided by the commis- 6 sioner by rule and regulation. 7 § 3. Section 35-0107 of the environmental conservation law is amended 8 to read as follows: 9 § 35-0107. Powers and duties of commissioner. 10 1. The commissioner is hereby authorized to promulgate regulations 11 requiring manufacturers of [household] cleansing products distributed, 12 sold or offered for sale in this state, to furnish to the commissioner 13 for the public record as herein provided information regarding such 14 products in a form prescribed by the commissioner including the nature 15 and extent of investigations and research performed by the manufacturer 16 concerning the effects of such products on human health and the environ- 17 ment. These reports shall be available to the public at the department 18 of environmental conservation, except those portions the manufacturer 19 determines, subject to the approval of the commissioner, would be, if 20 disclosed, seriously prejudicial to the manufacturer's legitimate inter- 21 est in trade secrets and economics of operation. 22 2. [No later than February 1, 1973 the commissioner shall prepare and23submit a comprehensive report to the governor and legislature on the24status of progress made in research and development to provide a safe25and effective substitute for phosphates in household cleansing products.263.] Whenever the commissioner finds, after investigation, that any 27 ingredient of [household] cleansing products distributed, sold, offered 28 or exposed for sale in this state, other than an ingredient for which 29 limitations are set forth in subdivision 2 of section 35-0105, will or 30 is likely to materially affect adversely human health or the environ- 31 ment, he may, after public hearing, restrict or limit by regulation the 32 use of such ingredient in such products. 33 § 4. Article 37 of the environmental conservation law is amended by 34 adding a new title 9 to read as follows: 35 TITLE 9 36 CONSUMER PRODUCT DISCLOSURE 37 Section 37-0901. Short title. 38 37-0903. Definitions. 39 37-0905. Product labeling. 40 37-0907. Chemical disclosure. 41 37-0909. Public education. 42 37-0911. Rules and regulations. 43 37-0913. Enforcement. 44 37-0915. Severability. 45 § 37-0901. Short title. 46 This title shall be known and may be cited as the "consumer chemical 47 awareness act". 48 § 37-0903. Definitions. 49 As used in this title, the following terms shall mean: 50 1. "Consumer product" means any product sold or offered in the state, 51 including but not limited to (a) cleansing products as defined by 52 section 35-0103 of this chapter; (b) any product intended for use, or 53 that may be reasonably expected to be used, by children; (c) any other 54 such product that could, through normal use, expose the user to any 55 carcinogen, mutagen, endocrine disruptor or other chemicals of concern 56 identified by the department.S. 1508 32 A. 2008 1 2. "Manufacturer" means any person, firm, association, partnership, 2 limited liability company, corporation, governmental entity, organiza- 3 tion, combination or joint venture which is the last entity to produce 4 or assemble a consumer product or, in the case of an imported consumer 5 product, the importer or domestic distributor of such product. 6 3. "Retailer" means any person, firm, association, partnership, limit- 7 ed liability company, corporation, governmental entity, organization, 8 combination or joint venture which sells or otherwise distributes 9 consumer products to consumers or to any other person for any other 10 purpose other than resale. 11 § 37-0905. Product labeling. 12 Except where prohibited by federal law, the department, in consulta- 13 tion with the department of health and department of state, is hereby 14 authorized to establish standards governing the labeling of consumer 15 products identified by the department in regulations which informs 16 consumers of the ingredients of such products including any carcinogen, 17 mutagen, endocrine disrupter or other chemicals of concern identified by 18 the department. 19 § 37-0907. Chemical disclosure. 20 The commissioner is hereby authorized to require manufacturers of 21 consumer products distributed, sold or offered for sale in this state, 22 to furnish to the commissioner for the public record as herein provided 23 information regarding such products in a form prescribed by the commis- 24 sioner including the nature and extent of investigations and research 25 performed by the manufacturer concerning the effects of such products on 26 human health and the environment. These reports shall be available to 27 the public at the department, except those portions the manufacturer 28 determines, subject to the approval of the commissioner, would be, if 29 disclosed, seriously prejudicial to the manufacturer's legitimate inter- 30 est in trade secrets and economics of operation. 31 § 37-0909. Public education. 32 The commissioner shall establish a public education program to dissem- 33 inate information regarding implementation of this title. Such informa- 34 tion may include, but not be limited to, publication of the website 35 maintained by the state where information required to be disclosed 36 pursuant to this title is maintained; publication of a manufacturer's 37 website where disclosure pursuant to this title is effectuated; and, 38 requirements for retailers to post information in a conspicuous location 39 for the benefit of consumers. 40 § 37-0911. Rules and regulations. 41 1. The department is authorized to promulgate such rules and regu- 42 lations as it shall deem necessary to implement provisions of this 43 title, and shall designate in such rules specific consumer products and 44 chemicals of concern that trigger the labeling and disclosure require- 45 ments of this title taking into account factors such as levels of expo- 46 sure and the feasibility of requiring labeling for such products. 47 2. Any regulations promulgated pursuant to section 37-0905 of this 48 title shall specify the content of such label and shall at a minimum, 49 direct consumers to where they can find additional information about the 50 product and its ingredients. 51 § 37-0913. Enforcement. 52 1. Any person who violates any of the provisions of or who fails to 53 perform any duty imposed by this title or any rule or regulation promul- 54 gated pursuant hereto, shall be liable for a civil penalty not to exceed 55 two thousand five hundred dollars for each such violation and an addi-S. 1508 33 A. 2008 1 tional penalty of not more than five hundred dollars for each day during 2 which such violation continues. 3 § 37-0915. Severability. 4 The provisions of this title shall be severable and if any phrase, 5 clause, sentence or provision of this title, or the applicability there- 6 of to any person or circumstance shall be held invalid, the remainder of 7 this title and the application thereof shall not be affected thereby. 8 § 5. The public health law is amended by adding a new article 48-A to 9 read as follows: 10 ARTICLE 48-A 11 REGULATION OF PERSONAL CARE PRODUCTS 12 Section 4850. Declaration of legislative intent and findings. 13 4851. Definitions. 14 4852. Disclosure. 15 4853. Penalties. 16 4854. Severability. 17 § 4850. Declaration of legislative intent and findings. There are 18 tens of thousands of chemicals used commercially in the United States, 19 and each year approximately 1,000 chemicals are added for commercial 20 use. The majority of chemicals in commercial use in the United States, 21 including those used as ingredients in personal care products, have 22 never been fully tested for potential impacts on human health or the 23 environment. 24 Some chemicals used in personal care products have been identified 25 through scientific studies as being potential carcinogens, reproductive 26 or developmental toxicants, or endocrine disruptors. Some have also been 27 found through biomonitoring studies to be present in human blood, breast 28 milk, or urine. These findings have led national and international agen- 29 cies to develop lists of chemicals of concern based on the chemicals' 30 potential to impact human health, and their presence in products that 31 consumers use everyday. 32 Federal law requires personal care product labels to list ingredients. 33 However, information concerning the potential health effects of exposure 34 to these chemical ingredients is not widely available, chemicals used as 35 fragrances or flavoring are exempt from labelling requirements, and 36 personal care products sold for commercial use are not required to carry 37 any ingredient labelling. At present, the only way to identify a product 38 as containing a chemical of concern is to compare labeled product ingre- 39 dients with chemical lists developed by many different agencies. 40 Furthermore, independent testing and laboratory analyses by other 41 states have identified products that contain substances that could 42 potentially cause harmful health effects but that are not identified as 43 an ingredient on the product's label. Nevertheless, under the federal 44 Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), many personal 45 care products and their ingredients are not subject to premarket safety 46 testing, review, or approval before they are sold to the public. 47 Therefore, the legislature hereby finds and declares that the disclo- 48 sures required under federal law of ingredients contained in personal 49 care products fail to adequately educate and protect consumers. In 50 order to empower consumers with the information needed to make well-in- 51 formed decisions regarding products that their families are exposed to 52 daily, it shall be the policy of the state to require the personal care 53 product industry to more fully disclose the ingredients they use and, 54 where applicable, identify ingredients that have been published as a 55 chemical of concern on one or more lists identified by the commissioner. 56 This will benefit consumers, encourage manufacturers to remove poten-S. 1508 34 A. 2008 1 tially harmful chemicals from their products, and encourage development 2 of innovative methods including green chemistry to replace these ingre- 3 dients with more environmentally-preferable alternatives. 4 § 4851. Definitions. As used in this article, unless the context 5 requires otherwise: 6 1. "Ingredient" shall mean all of the following: 7 (a) An intentionally added ingredient present in any quantity in the 8 personal care product; 9 (b) A nonfunctional byproduct or nonfunctional contaminant, present in 10 a personal care product in any quantity exceeding one-half of one 11 percent (0.5%) of the content of the product by weight or other amount 12 determined by the commissioner; 13 (c) A nonfunctional byproduct present in a personal care product in 14 any quantity not exceeding one-half of one percent (0.5%) of the content 15 of the product by weight, provided such element or compound has been 16 published as a chemical of concern on one or more lists identified by 17 the commissioner; 18 (d) A nonfunctional contaminant present in a personal care product in 19 a quantity determined by the commissioner and not exceeding one-half of 20 one percent (0.5%) of the content of the product by weight, provided 21 such element or compound has been published as a chemical of concern on 22 one or more lists identified by the commissioner. 23 2. "Intentionally added ingredient" shall mean any element or compound 24 that a manufacturer has intentionally added to a personal care product, 25 and which has a functional or technical effect in the finished product, 26 including, but not limited to, the components of intentionally added 27 fragrance, flavoring and colorants, and the intentional breakdown 28 products of an added element or compound that also have a functional or 29 technical effect on the finished product. 30 3. "nonfunctional byproduct" shall mean any element or compound which 31 has no functional or technical effect in the finished product which (a) 32 was intentionally added during the manufacturing process for a personal 33 care product at any point in a product's, a raw material's or ingredi- 34 ent's supply chain or (b) was created for formed during the manufactur- 35 ing process as an intentional or unintentional consequence of the manu- 36 facturing process at any point in a product's, a raw material's, or an 37 ingredient's supply chain. This shall include, but is not limited to, an 38 unreacted raw material, a breakdown product of an intentionally added 39 ingredient, or a byproduct of the manufacturing process. 40 4. "Nonfunctional contaminant" shall mean any element or compound 41 present in a personal care product as an unintentional consequence of 42 manufacturing which has no functional or technical effect in the 43 finished product. Nonfunctional contaminants include, but are not limit- 44 ed to, elements or compounds present in the environment as contaminants 45 which were introduced into a product, a raw material, or a product 46 ingredient as a result of the use of an environmental medium, such as a 47 naturally occurring mineral, air, soil or water, in the manufacturing 48 process at any point in a product's, a raw material's, or an ingredi- 49 ent's supply chain. 50 5. "Manufacturer" shall mean any person, firm, association, partner- 51 ship, limited liability company, or corporation which produces, 52 prepares, formulates, or compounds a personal care product, or whose 53 brand name is affixed to such product. In the case of a personal care 54 product imported into the United States, "manufacturer" shall mean the 55 importer or first domestic distributor of the product if the entity thatS. 1508 35 A. 2008 1 manufactures the product or whose brand name is affixed to the product 2 does not have a presence in the United States. 3 6. "Personal care product" shall mean articles intended to be rubbed, 4 poured, sprinkled, or sprayed on, introduced into, or otherwise applied 5 to the human body or any part thereof for cleansing, beautifying, 6 promoting attractiveness, or altering the appearance, and articles 7 intended for use as a component of any such articles; except that such 8 term shall not include soap. 9 7. "Soap" shall mean articles comprised entirely of an alkali salt of 10 fatty acids where the detergent properties of the article are due to the 11 alkali-fatty acid compounds, and the article shall be labeled, sold, and 12 represented only as a soap. 13 § 4852. Disclosure. 1. Manufacturers of personal care products 14 distributed, sold or offered for sale in this state, whether at retail 15 or wholesale, for personal or commercial use, or distributed for promo- 16 tional purposes, shall furnish to the commissioner for public record and 17 post on the manufacturer's website, in a manner prescribed by the 18 commissioner that is readily accessible to the public and machine read- 19 able, such information regarding such products pursuant to rules and 20 regulations promulgated by the commissioner. For each personal care 21 product, such information shall include, but shall not be limited to: 22 (a) A list naming each ingredient, as defined in subdivision one of 23 section forty-eight hundred fifty-one of this article, of the product in 24 descending order of predominance by weight in the product, except that 25 ingredients present at a weight below one percent (1%) may be listed 26 following other ingredients without respect to the order of predominance 27 by weight; 28 (b) The nature and extent of investigations and research performed by 29 or for the manufacturer concerning the effects on human health and the 30 environment of such product or such ingredients; and 31 (c) Where applicable, a statement disclosing that an ingredient is 32 published as a chemical of concern on one or more lists identified by 33 the commissioner. 34 2. Such manufacturers shall furnish information on or before July 35 first, two thousand twenty and every two years thereafter. In addition, 36 such manufacturers shall furnish such information prior to the sale of 37 any new personal care product, when the formulation of a currently 38 disclosed product is changed such that the predominance of the ingredi- 39 ents in such product is changed, when any list of chemicals of concern 40 identified by the commissioner pursuant to this article is changed to 41 include an ingredient present in a personal care product subject to this 42 article, or at such other times as may be required by the commissioner. 43 3. Such information shall be made available to the public by the 44 commissioner and manufacturer, in accordance with this section, with the 45 exception of those portions which the manufacturer determines, subject 46 to the approval of the commissioner, is related to a proprietary process 47 the disclosure of which would compromise the manufacturer's competitive 48 position. The commissioner shall not approve any exceptions under this 49 subdivision with respect to any ingredient published as a chemical of 50 concern on one or more lists identified by the commissioner. 51 § 4853. Penalties. A manufacturer in violation of this article is 52 subject to a civil penalty not to exceed five thousand dollars for each 53 violation in the case of a first offense. Manufacturers who are repeat 54 violators are subject to a civil penalty not to exceed ten thousand 55 dollars for each repeat offense.S. 1508 36 A. 2008 1 § 4854. Severability. The provisions of this article shall be severa- 2 ble and if any phrase, clause, sentence or provision of this article, or 3 the applicability thereof to any person or circumstance shall be held 4 invalid, the remainder of this article and the application thereof shall 5 not be affected thereby. 6 § 6. This act shall take effect on the sixtieth day after it shall 7 have become a law, provided, however, that any rule or regulation 8 promulgated pursuant to this act shall not take effect prior to April 1, 9 2021; provided, however, that section five of this act shall take effect 10 on January 1, 2020, provided that, effective immediately, the commis- 11 sioner of health shall be authorized to promulgate any and all rules and 12 regulations necessary to implement the provisions of section five on its 13 effective date. 14 PART L 15 Section 1. The banking law is amended by adding a new article 14-A to 16 read as follows: 17 ARTICLE 14-A 18 STUDENT LOAN SERVICERS 19 Section 710. Definitions. 20 711. Licensing. 21 712. Application for a student loan servicer license; fees. 22 713. Application process to receive license to engage in the 23 business of student loan servicing. 24 714. Changes in officers and directors. 25 715. Changes in control. 26 716. Grounds for suspension or revocation of license. 27 717. Books and records; reports and electronic filing. 28 718. Rules and regulations. 29 719. Prohibited practices. 30 720. Servicing student loans without a license. 31 721. Responsibilities. 32 722. Examinations. 33 723. Penalties for violations of this article. 34 724. Severability of provisions. 35 725. Compliance with other laws. 36 § 710. Definitions. 1. "Applicant" shall mean any person applying for 37 a license under this article. 38 2. "Borrower" shall mean any resident of this state who has received a 39 student loan or agreed in writing to pay a student loan or any person 40 who shares a legal obligation with such resident for repaying a student 41 loan. 42 3. "Borrower benefit" shall mean an incentive offered to a borrower in 43 connection with the origination of a student loan, including but not 44 limited to an interest rate reduction, principal rebate, fee waiver or 45 rebate, loan cancellation, or cosigner release. 46 4. "Exempt organization" shall mean any banking organization, foreign 47 banking corporation, national bank, federal savings association, federal 48 credit union, or any bank, trust company, savings bank, savings and loan 49 association, or credit union organized under the laws of any other 50 state, or any person licensed or supervised by the department and 51 exempted by the superintendent pursuant to regulations promulgated in 52 accordance with this article.S. 1508 37 A. 2008 1 5. "Person" shall mean any individual, association, corporation, 2 limited liability company, partnership, trust, unincorporated organiza- 3 tion, government, and any other entity. 4 6. "Servicer" or "student loan servicer" shall mean a person engaged 5 in the business of servicing student loans owed by one or more borrowers 6 residing in this state. 7 7. "Servicing" shall mean: 8 (a) receiving any payment from a borrower pursuant to the terms of any 9 student loan; 10 (b) applying any payment to the borrower's account pursuant to the 11 terms of a student loan or the contract governing the servicing of any 12 such loans; 13 (c) providing any notification of amounts owed on a student loan by or 14 on account of any borrower; 15 (d) during a period where a borrower is not required to make a payment 16 on a student loan, maintaining account records for the student loan and 17 communicating with the borrower regarding the student loan on behalf of 18 the owner of the student loan promissory note; 19 (e) interacting with a borrower with respect to or regarding any 20 attempt to avoid default on the borrower's student loan, or facilitating 21 the activities described in paragraph (a) or (b) of this subdivision; or 22 (f) performing other administrative services with respect to a borrow- 23 er's student loan. 24 8. "Student loan" shall mean any loan to a borrower to finance postse- 25 condary education or expenses related to postsecondary education. 26 9. "Federal student loan" means (a) any student loan issued pursuant 27 to the William D. Ford Federal Direct Loan Program; (b) any student loan 28 issued pursuant to the Federal Family Education Loan Program, which was 29 purchased by the government of the United States pursuant to the federal 30 Ensuring Continued Access to Student Loans Act and is presently owned by 31 the government of the United States; and (c) any other student loan 32 issued pursuant to a federal program that is identified by the super- 33 intendent as a "federal student loan" in a regulation. 34 § 711. Licensing. 1. Except as provided in subdivisions two and three 35 of this section, no person shall engage in the business of servicing 36 student loans owed by one or more borrowers residing in this state with- 37 out first being licensed by the superintendent as a student loan servi- 38 cer in accordance with this article and such regulations as may be 39 prescribed by the superintendent. 40 2. The licensing provisions of this article shall not apply to any 41 exempt organization that is a student loan servicer; provided that such 42 exempt organization notifies the superintendent that it is servicing 43 student loans in this state and complies with sections seven hundred 44 seventeen, seven hundred nineteen, seven hundred twenty-one, and seven 45 hundred twenty-five of this article and any regulation applicable to 46 student loan servicers promulgated by the superintendent. 47 3. A license is not required to engage in the business of servicing 48 federal student loans. A person, other than an exempt organization, that 49 services federal student loans owed by one or more borrowers residing in 50 this state, which is not otherwise required to be licensed pursuant to 51 this section, shall notify the superintendent that it is servicing 52 federal student loans in this state and comply with sections seven 53 hundred seventeen, seven hundred nineteen, seven hundred twenty-one, 54 seven hundred twenty-two, seven hundred twenty-three and seven hundred 55 twenty-five of this article and any regulation applicable to student 56 loan servicers promulgated by the superintendent. The provisions ofS. 1508 38 A. 2008 1 section thirty-three, thirty-nine, and forty-four of this chapter shall 2 apply to a person required to notify the superintendent under this 3 subdivision, as though they were a licensed student loan servicer. 4 § 712. Application for a student loan servicer license; fees. 1. The 5 application for a license to engage in the business of servicing student 6 loans shall be in writing, under oath, and in the form prescribed by the 7 superintendent. Notwithstanding article three of the state technology 8 law or any other law to the contrary, the superintendent may require 9 that an application for a license or any other submission or application 10 for approval as may be required by this article be made or executed by 11 electronic means if he or she deems it necessary to ensure the efficient 12 and effective administration of this article. The application shall 13 include a description of the activities of the applicant, in such detail 14 and for such periods as the superintendent may require; including: 15 (a) an affirmation of financial solvency noting such capitalization 16 requirements as may be required by the superintendent, and access to 17 such credit as may be required by the superintendent; 18 (b) a financial statement prepared by a certified public accountant, 19 the accuracy of which is sworn to under oath before a notary public by 20 an officer or other representative of the applicant who is authorized to 21 execute such documents; 22 (c) an affirmation that the applicant, or its members, officers, part- 23 ners, directors and principals as may be appropriate, are at least twen- 24 ty-one years of age; 25 (d) information as to the character, fitness, financial and business 26 responsibility, background and experiences of the applicant, or its 27 members, officers, partners, directors and principals as may be appro- 28 priate; 29 (e) any additional detail or information required by the superinten- 30 dent. 31 2. An application to become a licensed student loan servicer or any 32 application with respect to a student loan servicer shall be accom- 33 plished by a fee as prescribed pursuant to section eighteen-a of this 34 chapter. 35 § 713. Application process to receive license to engage in the busi- 36 ness of student loan servicing. 1. Upon the filing of an application for 37 a license, if the superintendent shall find that the financial responsi- 38 bility, experience, character, and general fitness of the applicant and, 39 if applicable, the members, officers, partners, directors and principals 40 of the applicant are such as to command the confidence of the community 41 and to warrant belief that the business will be operated honestly, fair- 42 ly, and efficiently within the purpose of this article, the superinten- 43 dent shall thereupon issue a license in duplicate to engage in the busi- 44 ness of servicing student loans described in section seven hundred ten 45 of this article in accordance with the provisions of this article. If 46 the superintendent shall not so find, the superintendent shall not issue 47 a license, and the superintendent shall so notify the applicant. The 48 superintendent shall transmit one copy of a license to the applicant and 49 file another in the office of the department of financial services. Upon 50 receipt of such license, a student loan servicer shall be authorized to 51 engage in the business of servicing student loans in accordance with the 52 provisions of this article. Such license shall remain in full force and 53 effect until it is surrendered by the servicer or revoked or suspended 54 as hereinafter provided. 55 2. The superintendent may refuse to issue a license pursuant to this 56 article if he or she shall find that the applicant, or any person who isS. 1508 39 A. 2008 1 a director, officer, partner, agent, employee, member, or substantial 2 stockholder of the applicant: 3 (a) has been convicted of a crime involving an activity which is a 4 felony under this chapter or under article one hundred fifty-five, one 5 hundred seventy, one hundred seventy-five, one hundred seventy-six, one 6 hundred eighty, one hundred eighty-five, one hundred eighty-seven, one 7 hundred ninety, two hundred, two hundred ten or four hundred seventy of 8 the penal law or any comparable felony under the laws of any other state 9 of the United States, provided that such crime would be a felony if 10 committed and prosecuted under the laws of this state; 11 (b) has had a license or registration revoked by the superintendent or 12 any other regulator or jurisdiction; 13 (c) has been an officer, director, partner, member or substantial 14 stockholder of an entity which has had a license or registration revoked 15 by the superintendent or any other regulator or jurisdiction; or 16 (d) has been an agent, employee, officer, director, partner or member 17 of an entity which has had a license or registration revoked by the 18 superintendent where such person shall have been found by the super- 19 intendent to bear responsibility in connection with the revocation. 20 3. The term "substantial stockholder", as used in this section, shall 21 be deemed to refer to a person owning or controlling directly or indi- 22 rectly ten per centum or more of the total outstanding stock of a corpo- 23 ration. 24 § 714. Changes in officers and directors. Upon any change of any of 25 the executive officers, directors, partners or members of any student 26 loan servicer required to be licensed under section seven hundred eleven 27 of this article, the student loan servicer shall submit to the super- 28 intendent the name, address, and occupation of each new officer, direc- 29 tor, partner or member, and provide such other information as the super- 30 intendent may require. 31 § 715. Changes in control. 1. It shall be unlawful except with the 32 prior approval of the superintendent for any action to be taken which 33 results in a change of control of the business of a student loan servi- 34 cer required to be licensed under section seven hundred eleven of this 35 article. Prior to any change of control, the person desirous of acquir- 36 ing control of the business of a student loan servicer shall make writ- 37 ten application to the superintendent and pay an investigation fee as 38 prescribed pursuant to section eighteen-a of this chapter to the super- 39 intendent. The application shall contain such information as the super- 40 intendent, by rule or regulation, may prescribe as necessary or appro- 41 priate for the purpose of making the determination required by 42 subdivision two of this section. This information shall include but not 43 be limited to the information and other material required for a student 44 loan servicer by subdivision one of section seven hundred twelve of this 45 article. 46 2. The superintendent shall approve or disapprove the proposed change 47 of control of a student loan servicer required to be licensed under 48 section seven hundred eleven of this article in accordance with the 49 provisions of section seven hundred thirteen of this article. 50 3. For a period of six months from the date of qualification thereof 51 and for such additional period of time as the superintendent may 52 prescribe, in writing, the provisions of subdivisions one and two of 53 this section shall not apply to a transfer of control by operation of 54 law to the legal representative, as hereinafter defined, of one who has 55 control of a student loan servicer. Thereafter, such legal represen- 56 tative shall comply with the provisions of subdivisions one and two ofS. 1508 40 A. 2008 1 this section. The provisions of subdivisions one and two of this section 2 shall be applicable to an application made under such section by a legal 3 representative. The term "legal representative", for the purposes of 4 this subdivision, shall mean one duly appointed by a court of competent 5 jurisdiction to act as executor, administrator, trustee, committee, 6 conservator or receiver, including one who succeeds a legal represen- 7 tative and one acting in an ancillary capacity thereto in accordance 8 with the provisions of such court appointment. 9 4. As used in this section the term "control" means the possession, 10 directly or indirectly, of the power to direct or cause the direction of 11 the management and policies of a student loan servicer, whether through 12 the ownership of voting stock of such student loan servicer, the owner- 13 ship of voting stock of any person which possesses such power or other- 14 wise. Control shall be presumed to exist if any person, directly or 15 indirectly, owns, controls or holds with power to vote ten per centum or 16 more of the voting stock of any student loan servicer or of any person 17 which owns, controls or holds with power to vote ten per centum or more 18 of the voting stock of any student loan servicer, but no person shall be 19 deemed to control a student loan servicer solely by reason of being an 20 officer or director of such student loan servicer. The superintendent 21 may in his or her discretion, upon the application of a student loan 22 servicer or any person who, directly or indirectly, owns, controls or 23 holds with power to vote or seeks to own, control or hold with power to 24 vote any voting stock of such student loan servicer, determine whether 25 or not the ownership, control or holding of such voting stock consti- 26 tutes or would constitute control of such student loan servicer for 27 purposes of this section. 28 § 716. Grounds for suspension or revocation of license. 1. After 29 notice and hearing, the superintendent may revoke or suspend any license 30 to engage in the business of a student loan servicer issued pursuant to 31 this article if he or she shall find that: 32 (a) a servicer has violated any provision of this article, any rule or 33 regulation promulgated by the superintendent under and within the 34 authority of this article, or any other applicable law; 35 (b) any fact or condition exists which, if it had existed at the time 36 of the original application for such license, would have warranted the 37 superintendent refusing originally to issue such license; 38 (c) a servicer does not cooperate with an examination or investigation 39 by the superintendent; 40 (d) a servicer engages in fraud, intentional misrepresentation, or 41 gross negligence in servicing a student loan; 42 (e) the competence, experience, character, or general fitness of the 43 servicer, an individual controlling, directly or indirectly, ten percent 44 or more of the outstanding interests, or any person responsible for 45 servicing a student loan for the servicer indicates that it is not in 46 the public interest to permit the servicer to continue servicing student 47 loans; 48 (f) the servicer engages in an unsafe or unsound practice; 49 (g) the servicer is insolvent, suspends payment of its obligations, or 50 makes a general assignment for the benefit of its creditors; or 51 (h) a servicer has violated the laws of this state, any other state or 52 any federal law involving fraudulent or dishonest dealing, or a final 53 judgement has been entered against a student loan servicer in a civil 54 action upon grounds of fraud, misrepresentation or deceit. 55 2. The superintendent may, on good cause shown, or where there is a 56 substantial risk of public harm, suspend any license for a period notS. 1508 41 A. 2008 1 exceeding thirty days, pending investigation. "Good cause", as used in 2 this subdivision, shall exist when a student loan servicer has defaulted 3 or is likely to default in performing its financial engagements or 4 engages in dishonest or inequitable practices which may cause substan- 5 tial harm to the persons afforded the protection of this article. 6 3. Except as provided in subdivision two of this section, no license 7 shall be revoked or suspended except after notice and hearing thereon. 8 Any order of suspension issued after notice and a hearing may include as 9 a condition of reinstatement that the student loan servicer make resti- 10 tution to consumers of fees or other charges which have been improperly 11 charged or collected, including but not limited to by allocating 12 payments contrary to a borrower's direction or in a manner that fails to 13 help a borrower avoid default, as determined by the superintendent. Any 14 hearing held pursuant to the provisions of this section shall be 15 noticed, conducted and administered in compliance with the state admin- 16 istrative procedure act. 17 4. Any student loan servicer may surrender any license by delivering 18 to the superintendent written notice that it thereby surrenders such 19 license, but such surrender shall not affect such servicer's civil or 20 criminal liability for acts committed prior to such surrender. If such 21 surrender is made after the issuance by the superintendent of a state- 22 ment of charges and notice of hearing, the superintendent may proceed 23 against the servicer as if such surrender had not taken place. 24 5. No revocation, suspension, or surrender of any license shall impair 25 or affect the obligation of any pre-existing lawful contract between the 26 student loan servicer and any person, including the department of finan- 27 cial services. 28 6. Every license issued pursuant to this article shall remain in force 29 and effect until the same shall have been surrendered, revoked or 30 suspended in accordance with any other provisions of this article. 31 7. Whenever the superintendent shall revoke or suspend a license 32 issued pursuant to this article, he or she shall forthwith execute in 33 duplicate a written order to that effect. The superintendent shall file 34 one copy of such order in the office of the department and shall forth- 35 with serve the other copy upon the student loan servicer. Any such order 36 may be reviewed in the manner provided by article seventy-eight of the 37 civil practice law and rules. 38 § 717. Books and records; reports and electronic filing. 1. Each 39 student loan servicer shall keep and use in its business such books, 40 accounts and records as will enable the superintendent to determine 41 whether such servicer or exempt organization is complying with the 42 provisions of this article and with the rules and regulations lawfully 43 made by the superintendent. Every servicer shall preserve such books, 44 accounts, and records, for at least three years. 45 2. (a) Each student loan servicer, other than an exempt organization, 46 shall annually, on or before a date to be determined by the superinten- 47 dent, file a report with the superintendent giving such information as 48 the superintendent may require concerning the business and operations 49 during the preceding calendar year of such servicer under authority of 50 this article. Such report shall be subscribed and affirmed as true by 51 the servicer under the penalties of perjury and shall be in the form 52 prescribed by the superintendent. 53 (b) In addition to annual reports, the superintendent may require such 54 additional regular or special reports as he or she may deem necessary to 55 the proper supervision of student loan servicers under this article. 56 Such additional reports shall be subscribed and affirmed as true by theS. 1508 42 A. 2008 1 servicer under the penalties of perjury and shall be in the form 2 prescribed by the superintendent. 3 3. Notwithstanding article three of the state technology law or any 4 other law to the contrary, the superintendent may require that any 5 submission or approval as may be required by the superintendent be made 6 or executed by electronic means if he or she deems it necessary to 7 ensure the efficient administration of this article. 8 § 718. Rules and Regulations. 1. In addition to such powers as may 9 otherwise be prescribed by law, the superintendent is hereby authorized 10 and empowered to promulgate such rules and regulations as may in the 11 judgement of the superintendent be consistent with the purposes of this 12 article, or appropriate for the effective administration of this arti- 13 cle, including, but not limited to: 14 (a) Such rules and regulations in connection with the activities of 15 student loan servicers as may be necessary and appropriate for the 16 protection of borrowers in this state. 17 (b) Such rules and regulations as may be necessary and appropriate to 18 define unfair, deceptive or abusive acts or practices in connection with 19 the activities of student loan servicers. 20 (c) Such rules and regulations as may define the terms used in this 21 article and as may be necessary and appropriate to interpret and imple- 22 ment the provisions of this article. 23 (d) Such rules and regulations as may be necessary for the enforcement 24 of this article. 25 2. The superintendent is hereby authorized and empowered to make such 26 specific rulings, demands and findings as the superintendent may deem 27 necessary for the proper conduct of the student loan servicing industry. 28 § 719. Prohibited practices. No student loan servicer shall: 29 1. Employ any scheme, device or artifice to defraud or mislead a 30 borrower; 31 2. Engage in any unfair, deceptive or predatory act or practice toward 32 any person or misrepresent or omit any material information in 33 connection with the servicing of a student loan, including, but not 34 limited to, misrepresenting the amount, nature or terms of any fee or 35 payment due or claimed to be due on a student loan, the terms and condi- 36 tions of the loan agreement or the borrower's obligations under the 37 loan; 38 3. Misapply payments to the outstanding balance of any student loan or 39 to any related interest or fees; 40 4. Provide inaccurate information to a consumer reporting agency; 41 5. Refuse to communicate with an authorized representative of the 42 borrower who provides a written authorization signed by the borrower, 43 provided that the servicer may adopt procedures reasonably related to 44 verifying that the representative is in fact authorized to act on behalf 45 of the borrower; 46 6. Make any false statement or make any omission of a material fact in 47 connection with any information or reports filed with a governmental 48 agency or in connection with any investigation conducted by the super- 49 intendent or another governmental agency; 50 7. Fail to respond within fifteen calendar days to communications from 51 the department, or within such shorter, reasonable time as the depart- 52 ment may request in his or her communication; or 53 8. Fail to provide a response within fifteen calendar days to a 54 consumer complaint submitted to the servicer by the department. If 55 necessary, a student loan servicer may request additional time up to a 56 maximum of forty-five calendar days, provided that such request isS. 1508 43 A. 2008 1 accompanied by an explanation why such additional time is reasonable and 2 necessary. 3 § 720. Servicing student loans without a license. 1. Whenever, in the 4 opinion of the superintendent, a person is engaged in the business of 5 servicing student loans, other than federal loans, either actually or 6 through subterfuge, without a license from the superintendent, the 7 superintendent may order that person to desist and refrain from engaging 8 in the business of servicing student loans in the state. If, within 9 thirty days after an order is served, a request for a hearing is filed 10 in writing and the hearing is not held within sixty days of the filing, 11 the order shall be rescinded. 12 2. This section does not apply to exempt organizations. 13 § 721. Responsibilities. 1. If a student loan servicer regularly 14 reports information to a consumer reporting agency, the servicer shall 15 accurately report a borrower's payment performance to at least one 16 consumer reporting agency that compiles and maintains files on consumers 17 on a nationwide basis as defined in Section 603(p) of the federal Fair 18 Credit Reporting Act (15 U.S.C. Sec. 1681a(p)), upon acceptance as a 19 data furnisher by that consumer reporting agency. 20 2. (a) Except as provided in federal law or required by a student loan 21 agreement, a student loan servicer shall inquire of a borrower how to 22 apply a borrower's nonconforming payment. A borrower's direction on how 23 to apply a nonconforming payment shall remain in effect for any future 24 nonconforming payment during the term of a student loan until the 25 borrower provides different directions. 26 (b) For purposes of this subdivision, "nonconforming payment" shall 27 mean a payment that is either more or less than the borrower's required 28 student loan payment. 29 3. (a) If the sale, assignment, or other transfer of the servicing of 30 a student loan results in a change in the identity of the person to whom 31 the borrower is required to send subsequent payments or direct any 32 communications concerning the student loan, a student loan servicer 33 shall transfer all information regarding a borrower, a borrower's 34 account, and a borrower's student loan, including but not limited to the 35 borrower's repayment status and any borrower benefits associated with 36 the borrower's student loan, to the new student loan servicer servicing 37 the borrower's student loan within forty-five days. 38 (b) A student loan servicer shall adopt policies and procedures to 39 verify that it has received all information regarding a borrower, a 40 borrower's account, and a borrower's student loan, including but not 41 limited to the borrower's repayment status and any borrower benefits 42 associated with the borrower's student loan, when the servicer obtains 43 the right to service a student loan. 44 4. If a student loan servicer sells, assigns, or otherwise transfers 45 the servicing of a student loan to a new servicer, the sale, assignment 46 or other transfer shall be completed at least seven days before the 47 borrower's next payment is due. 48 5. (a) A student loan servicer that sells, assigns, or otherwise 49 transfers the servicing of a student loan shall require as a condition 50 of such sale, assignment or other transfer that the new student loan 51 servicer shall honor all borrower benefits originally represented as 52 being available to a borrower during the repayment of the student loan 53 and the possibility of such benefits, including any benefits that were 54 represented as being available but for which the borrower had not yet 55 qualified.S. 1508 44 A. 2008 1 (b) A student loan servicer that obtains the right to service a 2 student loan shall honor all borrower benefits originally represented as 3 being available to a borrower during the repayment of the student loan 4 and the possibility of such benefits, including any benefits that were 5 represented as being available but for which the borrower had not yet 6 qualified. 7 6. A student loan servicer shall respond within thirty days after 8 receipt to a written inquiry from a borrower or a borrower's represen- 9 tative. 10 7. A student loan servicer shall preserve records of each student loan 11 and all communications with borrowers for not less than two years 12 following the final payment on such student loan or the sale, assignment 13 or other transfer of the servicing of such student loan, whichever 14 occurs first, or such longer period as may be required by any other 15 provision of law. 16 § 722. Examinations. 1. The superintendent may at any time, and as 17 often as he or she may determine, either personally or by a person duly 18 designated by the superintendent, investigate the business and examine 19 the books, accounts, records, and files used therein of every student 20 loan servicer. For that purpose the superintendent and his or her duly 21 designated representative shall have free access to the offices and 22 places of business, books, accounts, papers, records, files, safes and 23 vaults of all such servicers. The superintendent and any person duly 24 designated by him or her shall have authority to require the attendance 25 of and to examine under oath all persons whose testimony he or she may 26 require relative to such business. 27 2. No person subject to investigation or examination under this 28 section may knowingly withhold, abstract, remove, mutilate, destroy or 29 secrete any books, records, computer records or other information. 30 3. The expenses incurred in making any examination pursuant to this 31 section shall be assessed against and paid by the student loan servicer 32 so examined, except that travelling and subsistence expenses so incurred 33 shall be charged against and paid by servicers in such proportions as 34 the superintendent shall deem just and reasonable, and such propor- 35 tionate charges shall be added to the assessment of the other expenses 36 incurred upon each examination. Upon written notice by the superinten- 37 dent of the total amount of such assessment, the servicer shall become 38 liable for and shall pay such assessment to the superintendent. 39 4. In any hearing in which a department employee acting under authori- 40 ty of this chapter is available for cross-examination, any official 41 written report, worksheet, other related papers, or duly certified copy 42 thereof, compiled, prepared, drafted, or otherwise made by said depart- 43 ment employee, after being duly authenticated by said employee, may be 44 admitted as competent evidence upon the oath of said employee that said 45 worksheet, investigative report, or other related documents were 46 prepared as a result of an examination of the books and records of a 47 servicer or other person, conducted pursuant to the authority of this 48 chapter. 49 5. Unless it is an exempt organization, affiliates of a student loan 50 servicer are subject to examination by the superintendent on the same 51 terms as the servicer, but only when reports from, or examination of, a 52 servicer provides evidence of unlawful activity between a servicer and 53 affiliate benefitting, affecting, or arising from the activities regu- 54 lated by this article. 55 6. This section shall not apply to exempt organizations. To the extent 56 the superintendent is authorized by any other law to make an examinationS. 1508 45 A. 2008 1 into the affairs of any exempt organization, this subdivision shall not 2 be construed to limit in any way the superintendent's authority, regard- 3 ing the subjects of such an examination, or otherwise. 4 § 723. Penalties for violation of this article. 1. In addition to such 5 penalties as may otherwise be applicable by law, including but not 6 limited to the penalties available under section forty-four of this 7 chapter, the superintendent may, after notice and hearing, require any 8 person found violating the provisions of this article or the rules or 9 regulations promulgated hereunder to pay to the people of this state a 10 penalty for each violation of the article or any regulation or policy 11 promulgated hereunder a sum not to exceed the greater of (i) ten thou- 12 sand dollars for each offense; (ii) a multiple of two times the aggre- 13 gate damages attributable to the violation; or (iii) a multiple of two 14 times the aggregate economic gain attributable to the violation. 15 2. Nothing in this article shall limit any statutory or common-law 16 right of any person to bring any action in any court for any act, or the 17 right of the state to punish any person for any violation of any law. 18 § 724. Severability of provisions. If any provision of this article, 19 or the application of such provision to any person or circumstance, 20 shall be held invalid, illegal or unenforceable, the remainder of the 21 article, and the application of such provision to persons or circum- 22 stances other than those as to which it is held invalid, illegal or 23 unenforceable, shall not be affected thereby. 24 § 725. Compliance with other laws. 1. Student loan servicers shall 25 engage in the business of servicing student loans in conformity with the 26 provisions of the financial services law, this chapter, such rules and 27 regulations as may be promulgated by the superintendent thereunder and 28 all applicable federal laws and the rules and regulations promulgated 29 thereunder. 30 2. Nothing in this section shall be construed to limit any otherwise 31 applicable state or federal law or regulations. 32 § 2. Subdivision 10 of section 36 of the banking law, as amended by 33 chapter 182 of the laws of 2011, is amended to read as follows: 34 10. All reports of examinations and investigations, correspondence and 35 memoranda concerning or arising out of such examination and investi- 36 gations, including any duly authenticated copy or copies thereof in the 37 possession of any banking organization, bank holding company or any 38 subsidiary thereof (as such terms "bank holding company" and "subsid- 39 iary" are defined in article three-A of this chapter), any corporation 40 or any other entity affiliated with a banking organization within the 41 meaning of subdivision six of this section and any non-banking subsid- 42 iary of a corporation or any other entity which is an affiliate of a 43 banking organization within the meaning of subdivision six-a of this 44 section, foreign banking corporation, licensed lender, licensed casher 45 of checks, licensed mortgage banker, registered mortgage broker, 46 licensed mortgage loan originator, licensed sales finance company, 47 registered mortgage loan servicer, licensed student loan servicer, 48 licensed insurance premium finance agency, licensed transmitter of 49 money, licensed budget planner, any other person or entity subject to 50 supervision under this chapter, or the department, shall be confidential 51 communications, shall not be subject to subpoena and shall not be made 52 public unless, in the judgment of the superintendent, the ends of 53 justice and the public advantage will be subserved by the publication 54 thereof, in which event the superintendent may publish or authorize the 55 publication of a copy of any such report or any part thereof in such 56 manner as may be deemed proper or unless such laws specifically author-S. 1508 46 A. 2008 1 ize such disclosure. For the purposes of this subdivision, "reports of 2 examinations and investigations, and any correspondence and memoranda 3 concerning or arising out of such examinations and investigations", 4 includes any such materials of a bank, insurance or securities regulato- 5 ry agency or any unit of the federal government or that of this state 6 any other state or that of any foreign government which are considered 7 confidential by such agency or unit and which are in the possession of 8 the department or which are otherwise confidential materials that have 9 been shared by the department with any such agency or unit and are in 10 the possession of such agency or unit. 11 § 3. Section 39 of the banking law, as amended by section 1 of part FF 12 of chapter 59 of the laws of 2004, subdivisions 1, 2 and 5 as amended by 13 chapter 123 of the laws of 2009, subdivision 3 as amended by chapter 155 14 of the laws of 2012 and subdivision 6 as amended by chapter 217 of the 15 laws of 2010, is amended to read as follows: 16 § 39. Orders of superintendent. 1. To appear and explain an apparent 17 violation. Whenever it shall appear to the superintendent that any bank- 18 ing organization, bank holding company, registered mortgage broker, 19 licensed mortgage banker, licensed student load servicer, registered 20 mortgage loan servicer, licensed mortgage loan originator, licensed 21 lender, licensed casher of checks, licensed sales finance company, 22 licensed insurance premium finance agency, licensed transmitter of 23 money, licensed budget planner, out-of-state state bank that maintains a 24 branch or branches or representative or other offices in this state, or 25 foreign banking corporation licensed by the superintendent to do busi- 26 ness or maintain a representative office in this state has violated any 27 law or regulation, he or she may, in his or her discretion, issue an 28 order describing such apparent violation and requiring such banking 29 organization, bank holding company, registered mortgage broker, licensed 30 mortgage banker, licensed student loan servicer, licensed mortgage loan 31 originator, licensed lender, licensed casher of checks, licensed sales 32 finance company, licensed insurance premium finance agency, licensed 33 transmitter of money, licensed budget planner, out-of-state state bank 34 that maintains a branch or branches or representative or other offices 35 in this state, or foreign banking corporation to appear before him or 36 her, at a time and place fixed in said order, to present an explanation 37 of such apparent violation. 38 2. To discontinue unauthorized or unsafe and unsound practices. When- 39 ever it shall appear to the superintendent that any banking organiza- 40 tion, bank holding company, registered mortgage broker, licensed mort- 41 gage banker, licensed student loan servicer, registered mortgage loan 42 servicer, licensed mortgage loan originator, licensed lender, licensed 43 casher of checks, licensed sales finance company, licensed insurance 44 premium finance agency, licensed transmitter of money, licensed budget 45 planner, out-of-state state bank that maintains a branch or branches or 46 representative or other offices in this state, or foreign banking corpo- 47 ration licensed by the superintendent to do business in this state is 48 conducting business in an unauthorized or unsafe and unsound manner, he 49 or she may, in his or her discretion, issue an order directing the 50 discontinuance of such unauthorized or unsafe and unsound practices, and 51 fixing a time and place at which such banking organization, bank holding 52 company, registered mortgage broker, licensed mortgage banker, licensed 53 student loan servicer, registered mortgage loan servicer, licensed mort- 54 gage loan originator, licensed lender, licensed casher of checks, 55 licensed sales finance company, licensed insurance premium finance agen- 56 cy, licensed transmitter of money, licensed budget planner, out-of-stateS. 1508 47 A. 2008 1 state bank that maintains a branch or branches or representative or 2 other offices in this state, or foreign banking corporation may volun- 3 tarily appear before him or her to present any explanation in defense of 4 the practices directed in said order to be discontinued. 5 3. To make good impairment of capital or to ensure compliance with 6 financial requirements. Whenever it shall appear to the superintendent 7 that the capital or capital stock of any banking organization, bank 8 holding company or any subsidiary thereof which is organized, licensed 9 or registered pursuant to this chapter, is impaired, or the financial 10 requirements imposed by subdivision one of section two hundred two-b of 11 this chapter or any regulation of the superintendent on any branch or 12 agency of a foreign banking corporation or the financial requirements 13 imposed by this chapter or any regulation of the superintendent on any 14 licensed lender, registered mortgage broker, licensed mortgage banker, 15 licensed student loan servicer, licensed casher of checks, licensed 16 sales finance company, licensed insurance premium finance agency, 17 licensed transmitter of money, licensed budget planner or private banker 18 are not satisfied, the superintendent may, in the superintendent's 19 discretion, issue an order directing that such banking organization, 20 bank holding company, branch or agency of a foreign banking corporation, 21 registered mortgage broker, licensed mortgage banker, licensed student 22 loan servicer, licensed lender, licensed casher of checks, licensed 23 sales finance company, licensed insurance premium finance agency, 24 licensed transmitter of money, licensed budget planner, or private bank- 25 er make good such deficiency forthwith or within a time specified in 26 such order. 27 4. To make good encroachments on reserves. Whenever it shall appear to 28 the superintendent that either the total reserves or reserves on hand of 29 any banking organization, branch or agency of a foreign banking corpo- 30 ration are below the amount required by or pursuant to this chapter or 31 any other applicable provision of law or regulation to be maintained, or 32 that such banking organization, branch or agency of a foreign banking 33 corporation is not keeping its reserves on hand as required by this 34 chapter or any other applicable provision of law or regulation, he or 35 she may, in his or her discretion, issue an order directing that such 36 banking organization, branch or agency of a foreign banking corporation 37 make good such reserves forthwith or within a time specified in such 38 order, or that it keep its reserves on hand as required by this chapter. 39 5. To keep books and accounts as prescribed. Whenever it shall appear 40 to the superintendent that any banking organization, bank holding compa- 41 ny, registered mortgage broker, licensed mortgage banker, licensed 42 student loan servicer, registered mortgage loan servicer, licensed mort- 43 gage loan originator, licensed lender, licensed casher of checks, 44 licensed sales finance company, licensed insurance premium finance agen- 45 cy, licensed transmitter of money, licensed budget planner, agency or 46 branch of a foreign banking corporation licensed by the superintendent 47 to do business in this state, does not keep its books and accounts in 48 such manner as to enable him or her to readily ascertain its true condi- 49 tion, he or she may, in his or her discretion, issue an order requiring 50 such banking organization, bank holding company, registered mortgage 51 broker, licensed mortgage banker, licensed student loan servicer, regis- 52 tered mortgage loan servicer, licensed mortgage loan originator, 53 licensed lender, licensed casher of checks, licensed sales finance 54 company, licensed insurance premium finance agency, licensed transmitter 55 of money, licensed budget planner, or foreign banking corporation, or 56 the officers or agents thereof, or any of them, to open and keep suchS. 1508 48 A. 2008 1 books or accounts as he or she may, in his or her discretion, determine 2 and prescribe for the purpose of keeping accurate and convenient records 3 of its transactions and accounts. 4 6. As used in this section, "bank holding company" shall have the same 5 meaning as that term is defined in section one hundred forty-one of this 6 chapter. 7 § 4. Paragraph (a) of subdivision 1 of section 44 of the banking law, 8 as amended by chapter 155 of the laws of 2012, is amended to read as 9 follows: 10 (a) Without limiting any power granted to the superintendent under any 11 other provision of this chapter, the superintendent may, in a proceeding 12 after notice and a hearing, require any safe deposit company, licensed 13 lender, licensed casher of checks, licensed sales finance company, 14 licensed insurance premium finance agency, licensed transmitter of 15 money, licensed mortgage banker, licensed student loan servicer, regis- 16 tered mortgage broker, licensed mortgage loan originator, registered 17 mortgage loan servicer or licensed budget planner to pay to the people 18 of this state a penalty for any violation of this chapter, any regu- 19 lation promulgated thereunder, any final or temporary order issued 20 pursuant to section thirty-nine of this article, any condition imposed 21 in writing by the superintendent in connection with the grant of any 22 application or request, or any written agreement entered into with the 23 superintendent. 24 § 5. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law. 26 PART M 27 Section 1. Section 2 of part FF of chapter 55 of the laws of 2017 28 relating to motor vehicles equipped with autonomous vehicle technology, 29 as amended by section 2 of part H of chapter 58 of the laws of 2018, is 30 amended to read as follows: 31 § 2. The commissioner of motor vehicles shall, in consultation with 32 the superintendent of state police, submit a report to the governor, the 33 temporary president of the senate, the speaker of the assembly, and the 34 chairs of the senate and assembly transportation committees on the 35 demonstrations and tests authorized by section one of this act. Such 36 report shall include, but not be limited to, a description of the param- 37 eters and purpose of such demonstrations and tests, the location or 38 locations where demonstrations and tests were conducted, the demon- 39 strations' and tests' impacts on safety, traffic control, traffic 40 enforcement, emergency services, and such other areas as may be identi- 41 fied by such commissioner. Such commissioner shall submit such report 42 [on or before June 1, 2018 and June 1, 2019] June first of each year 43 this section remains in effect. 44 § 2. Section 3 of part FF of chapter 55 of the laws of 2017 relating 45 to motor vehicles equipped with autonomous vehicle technology, as 46 amended by section 3 of part H of chapter 58 of the laws of 2018, is 47 amended to read as follows: 48 § 3. This act shall take effect April 1, 2017; provided, however, that 49 section one of this act shall expire and be deemed repealed April 1, 50 [2019] 2021. 51 § 3. a. The New York state commissioner of motor vehicles may approve 52 demonstrations and tests consisting of the operation of a motor vehicle 53 equipped with autonomous vehicle technology while such motor vehicle is 54 engaged in the use of such technology on public highways within thisS. 1508 49 A. 2008 1 state for the purposes of demonstrating and assessing the current devel- 2 opment of autonomous vehicle technology and to begin identifying poten- 3 tial impacts of such technology on safety, traffic control, traffic 4 enforcement, emergency services, and such other areas as may be identi- 5 fied by such commissioner. Such demonstrations and tests shall take 6 place in a manner and form prescribed by the commissioner of motor vehi- 7 cles including, but not limited to: a requirement that the motor vehicle 8 utilized in such demonstrations and tests complies with all applicable 9 federal motor vehicle safety standards and New York state motor vehicle 10 inspection standards; and a requirement that the motor vehicle utilized 11 in such demonstrations and tests has in place, at a minimum, financial 12 security in the amount of five million dollars. Nothing in this act 13 shall authorize the motor vehicle utilized in such demonstrations and 14 tests to operate in violation of article 22 or title 7 of the vehicle 15 and traffic law, excluding section 1226 of such law. 16 b. For the purposes of this section, the term "autonomous vehicle 17 technology" shall mean the hardware and software that are collectively 18 capable of performing part or all of the dynamic driving task on a 19 sustained basis, and the term "dynamic driving task" shall mean all of 20 the real-time operational and tactical functions required to operate a 21 vehicle in on-road traffic, excluding the strategic functions such as 22 trip scheduling and selection of destinations and waypoints. 23 § 4. The commissioner of motor vehicles shall, in consultation with 24 the superintendent of state police, submit a report to the governor, the 25 temporary president of the senate, the speaker of the assembly, and the 26 chairs of the senate and assembly transportation committees on the 27 demonstrations and tests authorized by section three of this act. Such 28 report shall include, but not be limited to, a description of the param- 29 eters and purpose of such demonstrations and tests, the location or 30 locations where demonstrations and tests were conducted, the demon- 31 strations' and tests' impacts on safety, traffic control, traffic 32 enforcement, emergency services, and such other areas as may be identi- 33 fied by such commissioner. The commissioner shall submit such report on 34 or before June first of each year section three of this act remains in 35 effect. 36 § 5. Section 1226 of the vehicle and traffic law is REPEALED. 37 § 6. The commissioner of motor vehicles and the superintendent of 38 financial services shall establish regulations consistent with this act. 39 § 7. This act shall take effect immediately; provided, however, that 40 sections three, four, and five of this act shall take effect April 1, 41 2021. 42 PART N 43 Section 1. Section 6 of chapter 713 of the laws of 1988, amending the 44 vehicle and traffic law relating to the ignition interlock device 45 program, as amended by section 14 of part A of chapter 55 of the laws of 46 2017, is amended to read as follows: 47 § 6. This act shall take effect on the first day of April next 48 succeeding the date on which it shall have become a law; provided, 49 however, that effective immediately, the addition, amendment or repeal 50 of any rule or regulation necessary for the implementation of the fore- 51 going sections of this act on their effective date is authorized and 52 directed to be made and completed on or before such effective date and 53 shall remain in full force and effect until the first day of September,S. 1508 50 A. 2008 1 [2019] 2021 when upon such date the provisions of this act shall be 2 deemed repealed. 3 § 2. This act shall take effect immediately. 4 PART O 5 Section 1. Subdivision (p) of section 406 of chapter 166 of the laws 6 of 1991, amending the tax law and other laws relating to taxes, as 7 amended by section 12 of part A of chapter 55 of the laws of 2017, is 8 amended to read as follows: 9 (p) The amendments to section 1809 of the vehicle and traffic law made 10 by sections three hundred thirty-seven and three hundred thirty-eight of 11 this act shall not apply to any offense committed prior to such effec- 12 tive date; provided, further, that section three hundred forty-one of 13 this act shall take effect immediately and shall expire November 1, 1993 14 at which time it shall be deemed repealed; sections three hundred 15 forty-five and three hundred forty-six of this act shall take effect 16 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 17 six, three hundred fifty-seven and three hundred fifty-nine of this act 18 shall take effect immediately and shall expire June 30, 1995 and shall 19 revert to and be read as if this act had not been enacted; section three 20 hundred fifty-eight of this act shall take effect immediately and shall 21 expire June 30, 1998 and shall revert to and be read as if this act had 22 not been enacted; section three hundred sixty-four through three hundred 23 sixty-seven of this act shall apply to claims filed on or after such 24 effective date; sections three hundred sixty-nine, three hundred seven- 25 ty-two, three hundred seventy-three, three hundred seventy-four, three 26 hundred seventy-five and three hundred seventy-six of this act shall 27 remain in effect until September 1, [2019] 2021, at which time they 28 shall be deemed repealed; provided, however, that the mandatory 29 surcharge provided in section three hundred seventy-four of this act 30 shall apply to parking violations occurring on or after said effective 31 date; and provided further that the amendments made to section 235 of 32 the vehicle and traffic law by section three hundred seventy-two of this 33 act, the amendments made to section 1809 of the vehicle and traffic law 34 by sections three hundred thirty-seven and three hundred thirty-eight of 35 this act and the amendments made to section 215-a of the labor law by 36 section three hundred seventy-five of this act shall expire on September 37 1, [2019] 2021 and upon such date the provisions of such subdivisions 38 and sections shall revert to and be read as if the provisions of this 39 act had not been enacted; the amendments to subdivisions 2 and 3 of 40 section 400.05 of the penal law made by sections three hundred seventy- 41 seven and three hundred seventy-eight of this act shall expire on July 42 1, 1992 and upon such date the provisions of such subdivisions shall 43 revert and shall be read as if the provisions of this act had not been 44 enacted; the state board of law examiners shall take such action as is 45 necessary to assure that all applicants for examination for admission to 46 practice as an attorney and counsellor at law shall pay the increased 47 examination fee provided for by the amendment made to section 465 of the 48 judiciary law by section three hundred eighty of this act for any exam- 49 ination given on or after the effective date of this act notwithstanding 50 that an applicant for such examination may have prepaid a lesser fee for 51 such examination as required by the provisions of such section 465 as of 52 the date prior to the effective date of this act; the provisions of 53 section 306-a of the civil practice law and rules as added by section 54 three hundred eighty-one of this act shall apply to all actions pendingS. 1508 51 A. 2008 1 on or commenced on or after September 1, 1991, provided, however, that 2 for the purposes of this section service of such summons made prior to 3 such date shall be deemed to have been completed on September 1, 1991; 4 the provisions of section three hundred eighty-three of this act shall 5 apply to all money deposited in connection with a cash bail or a 6 partially secured bail bond on or after such effective date; and the 7 provisions of sections three hundred eighty-four and three hundred 8 eighty-five of this act shall apply only to jury service commenced 9 during a judicial term beginning on or after the effective date of this 10 act; provided, however, that nothing contained herein shall be deemed to 11 affect the application, qualification, expiration or repeal of any 12 provision of law amended by any section of this act and such provisions 13 shall be applied or qualified or shall expire or be deemed repealed in 14 the same manner, to the same extent and on the same date as the case may 15 be as otherwise provided by law; 16 § 2. Subdivision 8 of section 1809 of the vehicle and traffic law, as 17 amended by section 13 of part A of chapter 55 of the laws of 2017, is 18 amended to read as follows: 19 8. The provisions of this section shall only apply to offenses commit- 20 ted on or before September first, two thousand [nineteen] twenty-one. 21 § 3. This act shall take effect immediately. 22 PART P 23 Section 1. The vehicle and traffic law is amended by adding two new 24 sections 114-e and 114-f to read as follows: 25 § 114-e. Locally authorized scooter. Every two-wheeled device that is 26 no more than forty-one inches in length, seventeen inches in width, and 27 forty-five inches in height, which does not have a seat or saddle, is 28 designed to transport one person standing on the device and can be 29 propelled by any power other than muscular power. Such device may be 30 lawfully operated on public highways pursuant to article thirty-four-D 31 of this chapter only within such counties, cities, towns or villages 32 that have authorized such operation by local law, ordinance, order, rule 33 or regulation. 34 § 114-f. Locally authorized motorcycle. Every motor vehicle, including 35 one partially powered by human power, other than one registered or capa- 36 ble of being registered pursuant to this chapter as a motorcycle or 37 limited use motorcycle, having a seat or a saddle for the use of the 38 rider and designed to travel on two wheels and having a maximum perform- 39 ance speed of not more than twenty miles per hour. Such device may be 40 lawfully operated on public highways pursuant to article thirty-four-E 41 of this chapter only within such counties, cities, towns or villages 42 that have authorized such operation by local law, ordinance, order, rule 43 or regulation. 44 § 2. Section 125 of the vehicle and traffic law, as amended by chapter 45 365 of the laws of 2008, is amended to read as follows: 46 § 125. Motor vehicles. Every vehicle operated or driven upon a public 47 highway which is propelled by any power other than muscular power, 48 except (a) electrically-driven mobility assistance devices operated or 49 driven by a person with a disability, (a-1) electric personal assistive 50 mobility devices operated outside a city with a population of one 51 million or more, (a-2) locally authorized scooters, (a-3) locally 52 authorized motorcycles, (b) vehicles which run only upon rails or 53 tracks, (c) snowmobiles as defined in article forty-seven of this chap- 54 ter, and (d) all terrain vehicles as defined in article forty-eight-B ofS. 1508 52 A. 2008 1 this chapter. For the purposes of title four of this chapter, the term 2 motor vehicle shall exclude fire and police vehicles other than ambu- 3 lances. For the purposes of titles four and five of this chapter the 4 term motor vehicles shall exclude farm type tractors and all terrain 5 type vehicles used exclusively for agricultural purposes, or for snow 6 plowing, other than for hire, farm equipment, including self-propelled 7 machines used exclusively in growing, harvesting or handling farm 8 produce, and self-propelled caterpillar or crawler-type equipment while 9 being operated on the contract site. 10 § 3. The vehicle and traffic law is amended by adding a new article 11 34-D to read as follows: 12 ARTICLE 34-D 13 OPERATION OF LOCALLY AUTHORIZED SCOOTERS 14 Section 1280. Effect of requirements. 15 1281. Traffic laws apply to persons operating locally authorized 16 scooters; local laws. 17 1282. Operating locally authorized scooters. 18 1283. Clinging to vehicles. 19 1284. Riding on roadways, shoulders and lanes reserved for non- 20 motorized vehicles and devices. 21 1285. Lamps and other equipment. 22 1286. Operators to wear protective headgear. 23 1287. Leaving the scene of an incident involving a locally 24 authorized scooter without reporting. 25 1288. Operation of a locally authorized scooter while under the 26 influence of alcohol or drugs. 27 § 1280. Effect of requirements. The parent of any child and the guard- 28 ian of any ward shall not authorize or knowingly permit any such child 29 or ward to violate any of the provisions of this article. 30 § 1281. Traffic laws apply to persons operating locally authorized 31 scooters; local laws. 1. Locally authorized scooters may only be oper- 32 ated on public highways with a posted speed limit of thirty miles per 33 hour or less, including non-interstate public highways, private roads 34 open to motor vehicle traffic, and designated bicycle or in-line skate 35 lanes. Every person operating a locally authorized scooter upon a high- 36 way or roadway shall be granted all of the rights and shall be subject 37 to all of the duties applicable to the driver of a vehicle by this 38 title, except as to special requirements in this article and except as 39 to those provisions of this title which by their nature can have no 40 application. 41 2. Notwithstanding the provisions of subdivision one of this section 42 the governing body of any county, city, town or village may, by local 43 law, ordinance, order, rule or regulation, further regulate the maximum 44 speed, time, place and manner of the operation of locally authorized 45 scooters including authorizing the use of locally authorized scooters on 46 sidewalks, and limiting or prohibiting the use thereof in specified 47 areas under the jurisdiction of such county, city, town or village. 48 § 1282. Operating locally authorized scooters. 1. No locally author- 49 ized scooter shall be used to carry more than one person at one time. No 50 person operating a locally authorized scooter shall carry any person as 51 a passenger in a pack fastened to the operator or fastened to such 52 scooter. 53 2. No person shall operate a locally authorized scooter outside during 54 the period of time between one-half hour after sunset and one-half hour 55 before sunrise unless such person is wearing readily visible reflective 56 clothing or material which is of a light or bright color.S. 1508 53 A. 2008 1 3. No person operating a locally authorized scooter shall carry any 2 package, bundle or article which prevents the operator from keeping at 3 least one hand upon the handle bars or which obstructs his or her vision 4 in any direction. 5 4. Every person operating a locally authorized scooter shall yield the 6 right of way to pedestrians and motor vehicles. 7 5. Every operator of a locally authorized scooter shall be sixteen 8 years of age or older. 9 6. No person shall operate a locally authorized scooter in excess of 10 twenty miles per hour. 11 7. If the governing body of any county, city, town or village shall 12 authorize the use of locally authorized scooters upon any sidewalk, such 13 authorization shall not permit the operation thereof at a speed in 14 excess of eight miles per hour. Additionally, if such authorization is 15 granted, no operator of a locally authorized scooter shall overtake a 16 pedestrian on a sidewalk unless there is adequate space for the locally 17 authorized scooter to pass around the pedestrian and warning is given to 18 such pedestrian through the audible device defined in subdivision two of 19 section twelve hundred eighty-five of this article. 20 8. A first violation of the provisions of this section shall result in 21 no fine. A second or subsequent violation shall result in a civil fine 22 not to exceed fifty dollars. 23 § 1283. Clinging to vehicles. 1. No person operating a locally author- 24 ized scooter shall attach such scooter, or himself or herself to any 25 vehicle being operated upon a roadway. 26 2. No vehicle operator shall knowingly permit any person to attach any 27 locally authorized scooter or himself or herself to such operator's 28 vehicle in violation of subdivision one of this section. 29 § 1284. Riding on roadways, shoulders and lanes reserved for non-mo- 30 torized vehicles and devices. 1. Upon all roadways, any locally author- 31 ized scooter shall be operated either on a usable bicycle or in-line 32 skate lane or, if a usable bicycle or in-line skate lane has not been 33 provided, near the right-hand curb or edge of the roadway or upon a 34 usable right-hand shoulder in such a manner as to prevent undue inter- 35 ference with the flow of traffic except when preparing to turn left at 36 an intersection or when reasonably necessary to avoid conditions that 37 would make it unsafe to continue along near the right-hand curb or edge 38 of the roadway. Conditions to be taken into consideration include, but 39 are not limited to, fixed or moving objects, vehicles, bicycles, in-line 40 skaters, pedestrians, animals, surface hazards and traffic lanes too 41 narrow for a locally authorized scooter and a vehicle to travel safely 42 side-by-side within the lane. 43 2. Persons operating locally authorized scooters upon a roadway shall 44 ride single file. Persons operating locally authorized scooters upon a 45 shoulder, bicycle or in-line skate lane, or bicycle or in-line skate 46 path, intended for the use of bicycles, electric personal assistive 47 mobility devices, locally authorized scooters, locally authorized motor- 48 cycles or in-line skates may ride two or more abreast if sufficient 49 space is available, except that when passing a vehicle, bicycle, elec- 50 tric personal assistive mobility device, locally authorized scooter, 51 person on in-line skates or pedestrian standing or proceeding along such 52 shoulder, lane or path, persons operating locally authorized scooters 53 shall operate such scooter in single file. 54 3. Any person operating a locally authorized scooter who is entering 55 the roadway from a private road, driveway, alley or over a curb shall 56 come to a full stop before entering the roadway.S. 1508 54 A. 2008 1 § 1285. Lamps and other equipment. 1. Every locally authorized scooter 2 when in use during the period from one-half hour after sunset to one- 3 half hour before sunrise shall be equipped with a lamp on the front 4 which shall emit a white light visible during hours of darkness from a 5 distance of at least five hundred feet to the front and with a red light 6 visible to the rear for three hundred feet. At least one of these lights 7 shall be visible for two hundred feet from each side. 8 2. No person shall operate a locally authorized scooter unless it is 9 equipped with a bell or other device capable of giving a signal audible 10 for a distance of at least one hundred feet, except that such scooter 11 shall not be equipped with nor shall any person use upon such scooter 12 any siren or whistle. 13 3. Every locally authorized scooter shall be equipped with a system 14 that enables the operator to bring the device to a controlled stop. 15 § 1286. Operators to wear protective headgear. 1. No person shall ride 16 upon, propel or otherwise operate a locally authorized scooter unless 17 such person is wearing a helmet meeting standards established by the 18 commissioner pursuant to the provisions of subdivision two-a of section 19 twelve hundred thirty-eight of this title. As used in this subdivision, 20 wearing a helmet means having a properly fitting helmet fixed securely 21 on the head of such wearer with the helmet straps securely fastened. 22 2. Any person who violates the provisions of subdivision one of this 23 section shall pay a civil fine not to exceed fifty dollars. 24 3. The court shall waive any fine for which a person who violates the 25 provisions of subdivision one of this section would be liable if such 26 person supplies the court with proof that between the date of violation 27 and the appearance date for such violation such person purchased or 28 rented a helmet, which meets the requirements of subdivision one of this 29 section, or if the court finds that due to reasons of economic hardship 30 such person was unable to purchase a helmet or due to such economic 31 hardship such person was unable to obtain a helmet from the statewide 32 in-line skate and bicycle helmet distribution program, as established in 33 section two hundred six of the public health law or a local distribution 34 program. Such waiver of fine shall not apply to a second or subsequent 35 conviction under subdivision one of this section. 36 4. The failure of any person to comply with the provisions of this 37 section shall not constitute contributory negligence or assumption of 38 risk, and shall not in any way bar, preclude or foreclose an action for 39 personal injury or wrongful death by or on behalf of such person, nor in 40 any way diminish or reduce the damages recoverable in any such action. 41 5. A police officer shall only issue a summons for a violation of 42 subdivision one of this section by a person less than fourteen years of 43 age to the parent or guardian of such person if the violation by such 44 person occurs in the presence of such person's parent or guardian and 45 where such parent or guardian is eighteen years of age or older. Such 46 summons shall only be issued to such parent or guardian, and shall not 47 be issued to the person less than fourteen years of age. 48 § 1287. Leaving the scene of an incident involving a locally author- 49 ized scooter without reporting. 1. (a) Any person eighteen years of age 50 or older operating a locally authorized scooter who, knowing or having 51 cause to know, that physical injury, as defined in subdivision nine of 52 section 10.00 of the penal law, has been caused to another person, due 53 to the operation of such locally authorized scooter by such person 54 shall, before leaving the place where such physical injury occurred, 55 stop and provide his or her name and residence, including street and 56 street number, to the injured party, if practical, and also to a policeS. 1508 55 A. 2008 1 officer, or in the event that no police officer is in the vicinity of 2 the place of said injury, then such person shall report said incident as 3 soon as physically able to the nearest police station or judicial offi- 4 cer. 5 (b) A violation of paragraph (a) of this subdivision shall be a 6 violation. 7 2. (a) Any person eighteen years of age or older operating a locally 8 authorized scooter who knowing or having cause to know, that serious 9 physical injury, as defined in subdivision ten of section 10.00 of the 10 penal law, has been caused to another person, due to the operation of 11 such locally authorized scooter by such person shall, before leaving the 12 place where such serious physical injury occurred, stop and provide his 13 or her name and residence, including street and street number, to the 14 injured party, if practical, and also to a police officer, or in the 15 event that no police officer is in the vicinity of the place of said 16 injury, then such person shall report said incident as soon as phys- 17 ically able to the nearest police station or judicial officer. 18 (b) A violation of paragraph (a) of this subdivision shall be a class 19 B misdemeanor. 20 § 1288. Operation of a locally authorized scooter while under the 21 influence of alcohol or drugs. 1. Offenses; criminal penalties. (a) No 22 person shall operate a locally authorized scooter while his or her abil- 23 ity to operate such locally authorized scooter is impaired by the 24 consumption of alcohol. 25 (i) A violation of this subdivision shall be an offense and shall be 26 punishable by a fine of not less than three hundred dollars nor more 27 than five hundred dollars, or by imprisonment in a penitentiary or coun- 28 ty jail for not more than fifteen days, or by both such fine and impri- 29 sonment. 30 (ii) A person who operates a locally authorized scooter in violation 31 of this subdivision after being convicted of a violation of any subdivi- 32 sion of this section within the preceding five years shall be punished 33 by a fine of not less than five hundred dollars nor more than seven 34 hundred fifty dollars, or by imprisonment of not more than thirty days 35 in a penitentiary or county jail or by both such fine and imprisonment. 36 (iii) A person who operates a locally authorized scooter in violation 37 of this subdivision after being convicted two or more times of a 38 violation of any subdivision of this section within the preceding ten 39 years shall be guilty of a misdemeanor, and shall be punished by a fine 40 of not less than seven hundred fifty dollars nor more than fifteen 41 hundred dollars, or by imprisonment of not more than one hundred eighty 42 days in a penitentiary or county jail or by both such fine and imprison- 43 ment. 44 (b) No such person shall operate a locally authorized scooter while he 45 or she has .08 of one per centum or more by weight of alcohol in his or 46 her blood, breath, urine, or saliva, as determined by the chemical test 47 made pursuant to the provisions of subdivision five of this section. 48 (c) No such person shall operate a locally authorized scooter while he 49 or she has .04 of one per centum or more by weight of alcohol in his or 50 her blood, breath, urine, or saliva, as determined by the chemical test 51 made pursuant to the provisions of subdivision five of this section. 52 (d) No person shall operate a locally authorized scooter while he or 53 she is in an intoxicated condition. 54 (e) No person shall operate a locally authorized scooter while his or 55 her ability to operate such locally authorized scooter is impaired byS. 1508 56 A. 2008 1 the use of a drug as defined by section one hundred fourteen-a of the 2 this chapter. 3 (f) No person shall operate a locally authorized scooter while his or 4 her ability to operate such locally authorized scooter is impaired by 5 the combined influence of drugs or of alcohol and any drug or drugs as 6 defined by section one hundred fourteen-a of this chapter. 7 (g)(i) A violation of paragraph (b), (c), (d), (e) or (f) of this 8 subdivision shall be a misdemeanor and shall be punishable by imprison- 9 ment in a penitentiary or county jail for not more than one year, or by 10 a fine of not less than five hundred dollars nor more than one thousand 11 dollars, or by both such fine and imprisonment. 12 (ii) A person who operates a locally authorized scooter in violation 13 of paragraph (b), (c), (d), (e) or (f) of this subdivision after having 14 been convicted of a violation of paragraph (b), (c), (d), (e) or (f) of 15 this subdivision, or of operating a locally authorized scooter while 16 intoxicated or while under the influence of drugs, or while under the 17 combined influence of drugs or of alcohol and any drug or drugs, within 18 the preceding ten years, shall be guilty of a class E felony and shall 19 be punished by a period of imprisonment as provided in the penal law, or 20 by a fine of not less than one thousand dollars nor more than five thou- 21 sand dollars, or by both such fine and imprisonment. 22 (iii) A person who operates a locally authorized scooter in violation 23 of paragraph (b), (c), (d), (e) or (f) of this subdivision after having 24 been twice convicted of a violation of any of such paragraph (b), (c), 25 (d), (e) or (f) of this subdivision or of operating a locally authorized 26 scooter while intoxicated or under the influence of drugs, or while 27 under the combined influence of drugs or of alcohol and any drug or 28 drugs, within the preceding ten years, shall be guilty of a class D 29 felony and shall be punished by a fine of not less than two thousand 30 dollars nor more than ten thousand dollars or by a period of imprison- 31 ment as provided in the penal law, or by both such fine and imprison- 32 ment. 33 2. Sentencing limitations. Notwithstanding any provision of the penal 34 law, no judge or magistrate shall impose a sentence of unconditional 35 discharge or a violation of paragraph (b), (c), (d), (e) or (f) of 36 subdivision one of this section nor shall he or she impose a sentence of 37 conditional discharge unless such conditional discharge is accompanied 38 by a sentence of a fine as provided in this section. 39 3. Sentencing; previous convictions. When sentencing a person for a 40 violation of paragraph (b), (c), (d), (e) or (f) of subdivision one of 41 this section pursuant to subparagraph (ii) of paragraph (g) of subdivi- 42 sion one of this section, the court shall consider any prior convictions 43 the person may have for a violation of subdivision two, two-a, three, 44 four, or four-a of section eleven hundred ninety-two of this title with- 45 in the preceding ten years. When sentencing a person for a violation 46 paragraph (b), (c), (d), (e) or (f) of subdivision one of this section 47 pursuant to subparagraph (iii) of paragraph (g) of subdivision one of 48 this section, the court shall consider any prior convictions the person 49 may have for a violation of subdivision two, two-a, three, four, or 50 four-a of section eleven hundred ninety-two of this title within the 51 preceding ten years. When sentencing a person for a violation of subpar- 52 agraph (ii) of paragraph (a) of subdivision one of this section, the 53 court shall consider any prior convictions the person may have for a 54 violation of any subdivision of section eleven hundred ninety-two of 55 this title within the preceding five years. When sentencing a person for 56 a violation of subparagraph (iii) of paragraph (a) of subdivision one ofS. 1508 57 A. 2008 1 this section, the court shall consider any prior convictions the person 2 may have for a violation of any subdivision of section eleven hundred 3 ninety-two of this title within the preceding ten years. 4 4. Arrest and testing. (a) Notwithstanding the provisions of section 5 140.10 of the criminal procedure law, a police officer may, without a 6 warrant, arrest a person, in case of a violation of any paragraph of 7 subdivision one of this section, if such violation is coupled with an 8 accident or collision in which such person is involved, which in fact 9 had been committed, though not in the police officer's presence, when he 10 or she has reasonable cause to believe that the violation was committed 11 by such person. For the purposes of this subdivision police officer 12 shall also include a peace officer authorized to enforce this chapter 13 when the alleged violation constitutes a crime. 14 (b) Breath test for operators of locally authorized scooters. Every 15 person operating a locally authorized scooter which has been involved in 16 an accident or which is operated in violation of any of the provisions 17 of this section which regulate the manner in which a locally authorized 18 scooter is to be properly operated shall, at the request of a police 19 officer, submit to a breath test to be administered by the police offi- 20 cer. If such test indicates that such operator has consumed alcohol, the 21 police officer may request such operator to submit to a chemical test in 22 the manner set forth in subdivision five of this section. 23 5. Chemical tests. (a) Any person who operates a locally authorized 24 scooter shall be requested to consent to a chemical test of one or more 25 of the following: breath, blood, urine, or saliva for the purpose of 26 determining the alcoholic or drug content of his or her blood, provided 27 that such test is administered at the direction of a police officer: (i) 28 having reasonable cause to believe such person to have been operating in 29 violation of this subdivision or paragraph (a), (b), (c), (d), (e) or 30 (f) of subdivision one of this section and within two hours after such 31 person has been placed under arrest for any such violation or (ii) with- 32 in two hours after a breath test as provided in paragraph (b) of subdi- 33 vision four this section indicates that alcohol has been consumed by 34 such person and in accordance with the rules and regulations established 35 by the police force of which the officer is a member. 36 (b) For the purpose of this subdivision "reasonable cause" shall be 37 determined by viewing the totality of circumstances surrounding the 38 incident which, when taken together, indicate that the operator was 39 operating a locally authorized scooter in violation of any paragraph of 40 subdivision one of this section. Such circumstances may include, but are 41 not limited to: evidence that the operator was operating a locally 42 authorized scooter in violation of any provision of this chapter, local 43 law, ordinance, order, rule or regulation which regulates the manner in 44 which a locally authorized scooter be properly operated at the time of 45 the incident; any visible indication of alcohol or drug consumption or 46 impairment by the operator; and other evidence surrounding the circum- 47 stances of the incident which indicates that the operator has been oper- 48 ating a locally authorized scooter while impaired by the consumption of 49 alcohol or drugs or was intoxicated at the time of the incident. 50 6. Chemical test evidence. (a) Upon the trial of any such action or 51 proceeding arising out of actions alleged to have been committed by any 52 person arrested for a violation of any paragraph of subdivision one of 53 this section, the court shall admit evidence of the amount of alcohol or 54 drugs in the defendant's blood as shown by a test administered pursuant 55 to the provisions of subdivision five of this section.S. 1508 58 A. 2008 1 (b) The following effect shall be give to evidence of blood alcohol 2 content, as determined by such tests, of a person arrested for a 3 violation of any paragraph of subdivision one of this section and who 4 was operating a locally authorized scooter: 5 (i) evidence that there was .05 of one per centum or less by weight of 6 alcohol in such person's blood shall be prima facie evidence that the 7 ability of such person to operate a locally authorized scooter was not 8 impaired by the consumption of alcohol, and that such person was not in 9 an intoxicated condition. 10 (ii) evidence that there was more than .05 of one per centum but less 11 than .07 of one per centum by weight of alcohol in such person's blood 12 shall be prima facie evidence that such person was not in an intoxicated 13 condition, but such evidence shall be relevant evidence but not be given 14 prima facie effect, in determining whether the ability of such person to 15 operate a locally authorized scooter was impaired by the consumption of 16 alcohol. 17 (iii) evidence that there was .07 of one per centum or more but less 18 than .08 of one per centum by weight of alcohol in his or her blood 19 shall be prima facie evidence that such person was not in an intoxicated 20 condition, but such evidence shall be given prima facie effect in deter- 21 mining whether the ability of such person to operate a locally author- 22 ized scooter was impaired by the consumption of alcohol. 23 (c) Evidence of a refusal to submit to a chemical test or any portion 24 thereof shall be admissible in any trial or hearing provided the request 25 to submit to such a test was made in accordance with the provisions of 26 subdivision five of this section. 27 7. Limitations. (a) A locally authorized scooter operator may be 28 convicted of a violation of paragraphs (a), (b), (d), (e) and (f) of 29 subdivision one of this section, notwithstanding that the charge laid 30 before the court alleged a violation of paragraph (b), (d), (e) or (f) 31 of subdivision one of this section, and regardless of whether or not 32 such condition is based on a plea of guilty. 33 (b) In any case wherein the charge laid before the court alleges a 34 violation of paragraph (b), (c), (d), (e) or (f) of subdivision one of 35 this section, any plea of guilty thereafter entered in satisfaction of 36 such charge must include at least a plea of guilty to the violation of 37 the provisions of one of the paragraphs of such subdivision one and no 38 other disposition by plea of guilty to any other charge in satisfaction 39 of such charge shall be authorized; provided, however, if the district 40 attorney upon reviewing the available evidence determines that the 41 charge of a violation of subdivision one of this section is not 42 warranted, he or she may consent, and the court may allow, a disposition 43 by a plea of guilty to another charge in satisfaction of such charge. 44 § 4. The vehicle and traffic law is amended by adding a new article 45 34-E to read as follows: 46 ARTICLE 34-E 47 OPERATION OF LOCALLY AUTHORIZED MOTORCYCLES 48 Section 1290. Effect of requirements. 49 1291. Traffic laws apply to persons operating locally authorized 50 motorcycles; local laws. 51 1292. Operating locally authorized motorcycles. 52 1293. Clinging to vehicles. 53 1294. Riding on roadways, shoulders and lanes reserved for non- 54 motorized vehicles and devices. 55 1295. Lamps and other equipment. 56 1296. Operators to wear protective headgear.S. 1508 59 A. 2008 1 1297. Leaving the scene of an incident involving a locally 2 authorized motorcycle without reporting. 3 1298. Operation of a locally authorized motorcycle while under 4 the influence of alcohol or drugs. 5 § 1290. Effect of requirements. The parent of any child and the guard- 6 ian of any ward shall not authorize or knowingly permit any such child 7 or ward to violate any of the provisions of this article. 8 § 1291. Traffic laws apply to persons operating locally authorized 9 motorcycles; local laws. 1. Locally authorized motorcycles may only be 10 operated on public highways with a posted speed limit of thirty miles 11 per hour or less, including non-interstate public highways, private 12 roads open to motor vehicle traffic, and designated bicycle or in-line 13 skate lanes. Every person operating a locally authorized motorcycle upon 14 a highway or roadway shall be granted all of the rights and shall be 15 subject to all of the duties applicable to the driver of a vehicle by 16 this title, except as to special requirements in this article and except 17 as to those provisions of this title which by their nature can have no 18 application. 19 2. Notwithstanding the provisions of subdivision one of this section 20 the governing body of any county, city, town or village may, by local 21 law, ordinance, order, rule or regulation, further regulate the maximum 22 speed, time, place and manner of the operation of locally authorized 23 motorcycles including authorizing the use of locally authorized motorcy- 24 cles on sidewalks, and limiting or prohibiting the use thereof in speci- 25 fied areas under the jurisdiction of such county, city, town or village. 26 § 1292. Operating locally authorized motorcycles. 1. no locally 27 authorized motorcycle shall be used to carry more than one person at one 28 time. No person operating a locally authorized motorcycle shall carry 29 any person as a passenger in a pack fastened to the operator or fastened 30 to such motorcycle. 31 2. No person shall operate a locally authorized motorcycle outside 32 during the period of time between one-half hour after sunset and one- 33 half hour before sunrise unless such person is wearing readily visible 34 reflective clothing or material which is of a light or bright color. 35 3. No person operating a locally authorized motorcycle shall carry any 36 package, bundle or article which prevents the operator from keeping at 37 least one hand upon the handle bars or which obstructs his or her vision 38 in any direction. 39 4. Every person operating a locally authorized motorcycle shall yield 40 the right of way to pedestrians and motor vehicles. 41 5. Every operator of a locally authorized motorcycle shall be sixteen 42 years of age or older. 43 6. No person shall operate a locally authorized motorcycle in excess 44 of twenty miles per hour. 45 7. If the governing body of any county, city, town or village shall 46 authorize the use of locally authorized motorcycles upon any sidewalk, 47 such authorization shall not permit the operation thereof at a speed in 48 excess of eight miles per hour. Additionally, if such authorization is 49 granted, no operator of a locally authorized motorcycle shall overtake a 50 pedestrian on a sidewalk unless there is adequate space for the locally 51 authorized motorcycle to pass around the pedestrian and warning is given 52 to such pedestrian through the audible device defined in subdivision two 53 of section twelve hundred ninety-five of this article. 54 8. A first violation of the provisions of this section shall result in 55 no fine. A second or subsequent violation shall result in a civil fine 56 not to exceed fifty dollars.S. 1508 60 A. 2008 1 § 1293. Clinging to vehicles. 1. No person operating a locally author- 2 ized motorcycle shall attach such motorcycle, or himself or herself to 3 any vehicle being operated upon a roadway. 4 2. No vehicle operator shall knowingly permit any person to attach any 5 locally authorized motorcycle or himself or herself to such operator's 6 vehicle in violation of subdivision one of this section. 7 § 1294. Riding on roadways, shoulders and lanes reserved for non-mo- 8 torized vehicles and devices. 1. Upon all roadways, any locally author- 9 ized motorcycle shall be operated either on a usable bicycle or in-line 10 skate lane or, if a usable bicycle or in-line skate lane has not been 11 provided, near the right-hand curb or edge of the roadway or upon a 12 usable right-hand shoulder in such a manner as to prevent undue inter- 13 ference with the flow of traffic except when preparing to turn left at 14 an intersection or when reasonably necessary to avoid conditions that 15 would make it unsafe to continue along near the right-hand curb or edge 16 of the roadway. Conditions to be taken into consideration include, but 17 are not limited to, fixed or moving objects, vehicles, bicycles, in-line 18 skaters, pedestrians, animals, surface hazards and traffic lanes too 19 narrow for a locally authorized motorcycle and a vehicle to travel safe- 20 ly side-by-side within the lane. 21 2. Persons operating locally authorized motorcycles upon a roadway 22 shall ride single file. Persons operating locally authorized motorcy- 23 cles upon a shoulder, bicycle or in-line skate lane, or bicycle or 24 in-line skate path, intended for the use of bicycles, electric personal 25 assistive mobility devices, locally authorized scooter, locally author- 26 ized motorcycles or in-line skates may ride two or more abreast if 27 sufficient space is available, except that when passing a vehicle, bicy- 28 cle, electric personal assistive mobility device, locally authorized 29 scooter, locally authorized motorcycles, person on in-line skates or 30 pedestrian standing or proceeding along such shoulder, lane or path, 31 persons operating locally authorized motorcycles shall operate such 32 motorcycle in single file. 33 3. Any person operating a locally authorized motorcycle who is enter- 34 ing the roadway from a private road, driveway, alley or over a curb 35 shall come to a full stop before entering the roadway. 36 § 1295. Lamps and other equipment. 1. Every locally authorized motor- 37 cycle when in use during the period from one-half hour after sunset to 38 one-half hour before sunrise shall be equipped with a lamp on the front 39 which shall emit a white light visible during hours of darkness from a 40 distance of at least five hundred feet to the front and with a red light 41 visible to the rear for three hundred feet. At least one of these lights 42 shall be visible for two hundred feet from each side. 43 2. No person shall operate a locally authorized motorcycle unless it 44 is equipped with a bell or other device capable of giving a signal audi- 45 ble for a distance of at least one hundred feet, except that such motor- 46 cycle shall not be equipped with nor shall any person use upon such 47 motorcycle any siren or whistle. 48 3. Every locally authorized motorcycle shall equipped with a system 49 that enables the operator to bring the device to a controlled stop. 50 § 1296. Operators to wear protective headgear. 1. No person shall ride 51 upon, propel or otherwise operate a locally authorized motorcycle unless 52 such person is wearing a helmet meeting standards established by the 53 commissioner pursuant to the provisions of subdivision two-a of section 54 twelve hundred thirty-eight of this title. As used in this subdivision, 55 wearing a helmet means having a properly fitting helmet fixed securely 56 on the head of such wearer with the helmet straps securely fastened.S. 1508 61 A. 2008 1 2. Any person who violates the provisions of subdivision one of this 2 section shall pay a civil fine not to exceed fifty dollars. 3 3. The court shall waive any fine for which a person who violates the 4 provisions of subdivision one of this section would be liable if such 5 person supplies the court with proof that between the date of violation 6 and the appearance date for such violation such person purchased or 7 rented a helmet, which meets the requirements of subdivision one of this 8 section, or if the court finds that due to reasons of economic hardship 9 such person was unable to purchase a helmet or due to such economic 10 hardship such person was unable to obtain a helmet from the statewide 11 in-line skate and bicycle helmet distribution program, as established in 12 section two hundred six of the public health law or a local distribution 13 program. Such waiver of fine shall not apply to a second or subsequent 14 conviction under subdivision one of this section. 15 4. The failure of any person to comply with the provisions of this 16 section shall not constitute contributory negligence or assumption of 17 risk, and shall not in any way bar, preclude or foreclose an action for 18 personal injury or wrongful death by or on behalf of such person, nor in 19 any way diminish or reduce the damages recoverable in any such action. 20 5. A police officer shall only issue a summons for a violation of 21 subdivision one of this section by a person less than fourteen years of 22 age to the parent or guardian of such person if the violation by such 23 person occurs in the presence of such person's parent or guardian and 24 where such parent or guardian is eighteen years of age or older. Such 25 summons shall only be issued to such parent or guardian, and shall not 26 be issued to the person less than fourteen years of age. 27 § 1297. Leaving the scene of an incident involving a locally author- 28 ized motorcycle without reporting. 1. (a) Any person eighteen years of 29 age or older operating a locally authorized motorcycle who, knowing or 30 having cause to know, that physical injury, as defined in subdivision 31 nine of section 10.00 of the penal law, has been caused to another 32 person, due to the operation of such locally authorized motorcycle by 33 such person shall, before leaving the place where such physical injury 34 occurred, stop and provide his or her name and residence, including 35 street and street number, to the injured party, if practical, and also 36 to a police officer, or in the event that no police officer is in the 37 vicinity of the place of said injury, then such person shall report said 38 incident as soon as physically able to the nearest police station or 39 judicial officer. 40 (b) A violation of paragraph (a) of this subdivision shall be a 41 violation. 42 2. (a) Any person eighteen years of age or older operating a locally 43 authorized motorcycle who, knowing or having cause to know, that serious 44 physical injury, as defined in subdivision ten of section 10.00 of the 45 penal law, has been caused to another person, due to the operation of 46 such locally authorized motorcycle by such person shall, before leaving 47 the place where such serious physical injury occurred, stop and provide 48 his or her name and residence, including street and street number, to 49 the injured party, if practical, and also to a police officer, or in the 50 event that no police officer is in the vicinity of the place of said 51 injury, then such person shall report said incident as soon as phys- 52 ically able to the nearest police station or judicial officer. 53 (b) A violation of paragraph (a) of this subdivision shall be a class 54 B misdemeanor. 55 § 1298. Operation of a locally authorized motorcycle while under the 56 influence of alcohol or drugs. 1. Offenses; criminal penalties. (a) NoS. 1508 62 A. 2008 1 person shall operate a locally authorized motorcycle while his or her 2 ability to operate such locally authorized motorcycle is impaired by the 3 consumption of alcohol. 4 (i) A violation of this subdivision shall be an offense and shall be 5 punishable by a fine of not less than three hundred dollars nor more 6 than five hundred dollars, or by imprisonment in a penitentiary or coun- 7 ty jail for not more than fifteen days, or by both such fine and impri- 8 sonment. 9 (ii) A person who operates a locally authorized motorcycle in 10 violation of this subdivision after being convicted of a violation of 11 any subdivision of this section within the preceding five years shall be 12 punished by a fine of not less than five hundred dollars nor more than 13 seven hundred fifty dollars, or by imprisonment of not more than thirty 14 days in a penitentiary or county jail or by both such fine and imprison- 15 ment. 16 (iii) A person who operates a locally authorized motorcycle in 17 violation of this subdivision after being convicted two or more times of 18 a violation of any subdivision of this section within the preceding ten 19 years shall be guilty of a misdemeanor, and shall be punished by a fine 20 of not less than seven hundred fifty dollars nor more than fifteen 21 hundred dollars, or by imprisonment of not more than one hundred eighty 22 days in a penitentiary or county jail or by both such fine and imprison- 23 ment. 24 (b) No such person shall operate a locally authorized motorcycle while 25 he or she has .08 of one per centum or more by weight of alcohol in his 26 or her blood, breath, urine, or saliva, as determined by the chemical 27 test made pursuant to the provisions of subdivision five of this 28 section. 29 (c) No such person shall operate a locally, authorized motorcycle 30 while he or she has .04 of one per centum or more by weight of alcohol 31 in his or her blood, breath, urine, or saliva, as determined by the 32 chemical test made pursuant to the provisions of subdivision five of 33 this section. 34 (d) No person shall operate a locally authorized motorcycle while he 35 or she is in an intoxicated condition. 36 (e) No person shall operate a locally authorized motorcycle while his 37 or her ability to operate such locally authorized motorcycle is impaired 38 by the use of a drug as defined by section one hundred fourteen-a of 39 this chapter. 40 (f) No person shall operate a locally authorized motorcycle while his 41 or her ability to operate such locally authorized motorcycle is impaired 42 by the combined influence of drugs or of alcohol and any drug or drugs 43 as defined by section one hundred fourteen-a of this chapter. 44 (g) (i) A violation of paragraph (b), (c), (d), (e) or (f) of this 45 subdivision shall be a misdemeanor and shall be punishable by imprison- 46 ment in a penitentiary or county jail for not more than one year, or by 47 a fine of not less than five hundred dollars nor more than one thousand 48 dollars, or by both such fine and imprisonment. 49 (ii) A person who operates a locally authorized motorcycle in 50 violation of paragraph (b), (c), (d), (e) or (f) of this subdivision 51 after having been convicted of a violation of paragraph (b), (c), (d), 52 (e) or (f) of this subdivision, or of operating a locally authorized 53 motorcycle while intoxicated or while under the influence of drugs, or 54 while under the combined influence of drugs or of alcohol and any drug 55 or drugs, within the preceding ten years, shall be guilty of a class E 56 felony and shall be punished by a period of imprisonment as provided inS. 1508 63 A. 2008 1 the penal law, or by a fine of not less than one thousand dollars nor 2 more than five thousand dollars, or by both such fine and imprisonment. 3 (iii) A person who operates a locally authorized motorcycle in 4 violation of paragraph (b), (c), (d), (e) or (f) of this subdivision 5 after having been twice convicted of a violation of any of such para- 6 graph (b), (c), (d), (e) or (f) of this subdivision or of operating a 7 locally authorized motorcycle while intoxicated or under the influence 8 of drugs, or while under the combined influence of drugs or of alcohol 9 and any drug or drugs, within the preceding ten years, shall be guilty 10 of a class D felony and shall be punished by a fine of not less than two 11 thousand dollars nor more than ten thousand dollars or by a period of 12 imprisonment as provided in the penal law, or by both such fine and 13 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), (e) or (f) of 17 subdivision one of this section nor shall he or she impose a sentence of 18 conditional discharge unless such conditional discharge is accompanied 19 by a 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), (e) or (f) of subdivision one of 22 this section pursuant to subparagraph (ii) of paragraph (g) of subdivi- 23 sion one of this section, the court shall consider any prior convictions 24 the person may have for a violation of subdivision two, two-a, three, 25 four, or four-a of section eleven hundred ninety-two of this title with- 26 in the preceding ten years. When sentencing a person for a violation of 27 paragraph (b), (c), (d), (e) or (f) of subdivision one of this section 28 pursuant to subparagraph (iii) of paragraph (g) of subdivision one of 29 this section, the court shall consider any prior convictions the person 30 may have for a violation of subdivision two, two-a, three, four, or 31 four-a of section eleven hundred ninety-two of this title within the 32 preceding ten years. When sentencing a person for a violation of subpar- 33 agraph (ii) of paragraph (a) of subdivision one of this section, the 34 court shall consider any prior convictions the person may have for a 35 violation of any subdivision of section eleven hundred ninety-two of 36 this title within the preceding five years. When sentencing a person for 37 a violation of subparagraph (iii) of paragraph (a) of subdivision one of 38 this section, the court shall consider any prior convictions the person 39 may have for a violation of any subdivision of section eleven hundred 40 ninety-two of 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 theS. 1508 64 A. 2008 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 this subdivision or paragraph (a), (b), (c), 12 (d), (e) or (f) of subdivision one of this section and within two hours 13 after such person has been placed under arrest for any such violation or 14 (ii) within two hours after a breath test as provided in paragraph (b) 15 of subdivision four of this section indicates that alcohol has been 16 consumed by such person and in accordance with the rules and regulations 17 established by the police 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 bloodS. 1508 65 A. 2008 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), (e) and (f) of 11 subdivision one of this section, notwithstanding that the charge laid 12 before the court alleged a violation of paragraph (b), (d), (e) or (f) 13 of subdivision one of this section, and regardless of whether or not 14 such 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), (e) or (f) of subdivision one of 17 this section, any plea of guilty thereafter entered in satisfaction of 18 such charge must include at least a plea of guilty to the violation of 19 the provisions of one of the paragraphs of such subdivision one and no 20 other disposition by plea of guilty to any other charge in satisfaction 21 of 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 66 A. 2008 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-8ering to and leaving with the secretary of state or a deputy, or with9any person authorized by the secretary of state to receive such service,10at the office of the department of state in the city of Albany, dupli-11cate copies of such process together with the statutory fee, which fee12shall 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 of31state shall promptly send one of such copies by certified mail, return32receipt requested, to such corporation, at the post office address, on33file in the department of state, specified for the purpose. If a domes-34tic or authorized foreign corporation has no such address on file in the35department of state, the secretary of state shall so mail such copy, in36the case of a domestic corporation, in care of any director named in its37certificate of incorporation at the director's address stated therein38or, in the case of an authorized foreign corporation, to such corpo-39ration at the address of its office within this state on file in the40department.] 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-55ing] designating corporation has no registered agent, then to the last 56 address of the designating corporation known to the party, specifyingS. 1508 67 A. 2008 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-24tary 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-30tary 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 68 A. 2008 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-38tary 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-45tary 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 shallS. 1508 69 A. 2008 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 [the23secretary 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 be53mailed] 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 mannerS. 1508 70 A. 2008 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 [and38acknowledged] 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 suchS. 1508 71 A. 2008 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 or21attorney in the corporation division of the department of state, dupli-22cate copies of such process at the office of the department of state in23the 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 mail26for transmitting a copy of the process shall exceed two dollars, an27additional fee equal to such excess shall be paid at the time of the28service of such process. The secretary of state shall forthwith send by29registered mail one of such copies to the association at the address30fixed 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 attorneyS. 1508 72 A. 2008 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 or35its] 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-48tary 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, toS. 1508 73 A. 2008 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 of6state] 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 of16state] 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 of54state] a person shall mail a copy of any process against the limited 55 liability company served upon [him or her] the secretary of state; andS. 1508 74 A. 2008 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 or11her] 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 75 A. 2008 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 of7state] 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 limitedS. 1508 76 A. 2008 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 shall13promptly send one of such copies by certified mail, return receipt14requested, to such limited liability company at the post office address15on 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 with22reference 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 [the42secretary 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 77 A. 2008 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 [the17secretary 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 [the26secretary 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 of35state] a person shall mail a copy of any process served upon [him or36her] 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; andS. 1508 78 A. 2008 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 or17her] 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, [duplicate47copies 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 such52copies by certified mail, return receipt requested, to such corporation,53at the post office address, on file in the department of state, speci-54fied 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 stateS. 1508 79 A. 2008 1shall 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-17tary 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-23tary 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 of31state] 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 secretary51of 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 80 A. 2008 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 [the9secretary 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 [the18secretary 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-32tary 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-38tary 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 personS. 1508 81 A. 2008 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 [the10secretary 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-38tered] 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 limitedS. 1508 82 A. 2008 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-7cles 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 83 A. 2008 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 the5secretary of state is so served.6(3) The secretary of state shall promptly send one of such copies by7certified mail, return receipt requested, addressed to the limited part-8nership at the post office address, on file in the department of state,9specified 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-13to]. 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 of27state] 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 84 A. 2008 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 or42her] 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:S. 1508 85 A. 2008 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 [the32secretary 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 of41state] 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 theS. 1508 86 A. 2008 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 or16her] 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;S. 1508 87 A. 2008 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-43tary 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 88 A. 2008 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-41ing] 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 shall50promptly send one of such copies by certified mail, return receipt51requested, to such registered limited liability partnership, at the post52office address on file in the department of state specified for such53purpose.] 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 suchS. 1508 89 A. 2008 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 secretary27of 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-38nated] 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 90 A. 2008 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 thereof26shall 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 91 A. 2008 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-37mitting a copy of the process shall exceed two dollars, an additional38fee equal to such excess shall be paid at the time of the service of39such 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-50ly] 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 92 A. 2008 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-4al 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 corporation31law] 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 ofS. 1508 93 A. 2008 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 hundred6twelve 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 of14state] 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 of33the 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 94 A. 2008 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-6al 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 [the28secretary 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 of34the 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 whichS. 1508 95 A. 2008 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 suchS. 1508 96 A. 2008 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 as50provided for in the department's safety rules and regulations shall be51guilty of a traffic infraction which shall be punishable by a fine of52not less than two thousand five hundred dollars nor more than four thou-53sand dollars upon the first offense, and upon being found guilty of a54second or subsequent offense within eighteen months by a fine of notS. 1508 97 A. 2008 1less 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 less36than two thousand seven hundred fifty dollars and not more than twenty-37five 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. TheS. 1508 98 A. 2008 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 noticeS. 1508 99 A. 2008 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 regulationS. 1508 100 A. 2008 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 ofS. 1508 101 A. 2008 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 for30a rehearing of the determination of the penalty pursuant to the31provisions of section eighty-nine of this chapter, judgment shall not be32entered until a determination has been made on the application for a33rehearing. Further provided however, that if after a rehearing a penal-34ty is imposed and such penalty is not paid within four months of the35date of service of the rehearing decision, the amount of such penalty36may be entered as a judgment in the office of the clerk of the county of37Albany and in any other county in which the person resides, has a place38of business or through which it operates. Thereafter, if said judgment39has not been satisfied within ninety days, any certificate or permit40held by any such person may be revoked upon notice but without a further41hearing.] 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 registrationS. 1508 102 A. 2008 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 beS. 1508 103 A. 2008 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 [five45hundred] twenty-five thousand dollars [for the first offense and not46more 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 hundred56and not more than one thousand dollars for the first offense] misdemea-S. 1508 104 A. 2008 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 less6than one thousand and not more than twenty-five hundred dollars, or by7imprisonment for not more than sixty days, or by both such fine and8imprisonment] class E felony. [Upon conviction as a second or subse-9quent offender as described herein the court may order forfeiture of any10right, title or interest held by the defendant in any motor vehicle used11in the commission of such offense pursuant to the provisions of subdivi-12sion 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 one47million or more, the police department shall have the power to issue48summonses for violations of subdivision six of this section and those49summonses shall be adjudicated according to the rules and regulations50set forth in article two-A of the vehicle and traffic law. The hearing51officer responsible for adjudication of any violation of such subdivi-52sion six shall review the record of any person found guilty of violating53such subdivision six to determine whether or not that person has a prior54conviction under such subdivision six. After a review of the record, if55it is found that there has been a prior conviction, the hearing officerS. 1508 105 A. 2008 1shall refer the matter to the appropriate local criminal court for pros-2ecution 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 106 A. 2008 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 107 A. 2008 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 such24motor vehicle is an altered livery, the applicant shall so furnish a25certified copy of the length of the center panel of such vehicle,26provided, however, that the commissioner shall require such proof, as he27may determine is necessary, in the application for registration and28provided further, if the center panel of such vehicle exceeds one29hundred inches, the commissioner shall require proof that such vehicle30is in compliance with all applicable federal and state motor vehicle31safety 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 108 A. 2008 1 22. The commissioner shall not register any motor vehicle that has 2 been altered, a vehicle commonly referred to as a "stretch limousine", 3 so as to add seating capacity beyond that provided by the original 4 manufacturer by way of an extended chassis, lengthened wheel base, or an 5 elongated seating area, and in the case of a truck, has been modified to 6 transport passengers. Owners of such vehicles that are registered shall 7 surrender the registration to the commissioner, and the commissioner 8 shall revoke any such registration upon discovery thereof, so that in no 9 way shall such a motor vehicle be registered for operation. 10 23. The commissioner shall refund to or credit the account of any 11 person who paid a registration fee for an altered vehicle, the pro rata 12 unused portion of such registration fee. 13 § 9. The vehicle and traffic law is amended by adding a new section 14 308-a to read as follows: 15 § 308-a. Mandatory reporting. If any motor vehicle is presented for 16 inspection at a licensed official inspection station, and such vehicle 17 has been altered, a vehicle commonly referred to as a "stretch limou- 18 sine", so as to add seating capacity beyond that provided by the 19 original manufacturer by way of an extended chassis, lengthened wheel 20 base, or an elongated seating area, and in the case of a truck, has been 21 modified to transport passengers, such licensed official inspection 22 station shall refuse inspection for such vehicle and promptly report 23 such vehicle to the commissioner in the form and manner prescribed by 24 the commissioner. 25 § 10. Section 306 of the vehicle and traffic law is amended by adding 26 a new subdivision (g) to read as follows: 27 (g) Any person who shall issue a certificate of inspection provided 28 for in this article for a motor vehicle that is required to obtain 29 approval to operate in the state as a common or contract carrier of 30 passengers by motor vehicle from the commissioner of transportation 31 shall be guilty of a misdemeanor. 32 § 11. Subparagraph (iv) of paragraph (b) of subdivision 2 of section 33 501 of the vehicle and traffic law, as amended by section 4 of part E of 34 chapter 58 of the laws of 2016, is amended to read as follows: 35 (iv) P endorsement. Shall be required to operate a bus as defined in 36 sections one hundred four and five hundred nine-a of this chapter, or a 37 large livery as defined in section one hundred twenty-one-dd of this 38 chapter, or any motor vehicle with a gross vehicle weight or gross vehi- 39 cle weight rating of more than twenty-six thousand pounds which is 40 designed to transport passengers in commerce. For the purposes of this 41 subparagraph the gross vehicle weight of a vehicle shall mean the actual 42 weight of the vehicle and the load. 43 § 12. Subparagraph (iv) of paragraph (a) of subdivision 4 of section 44 501-a of the vehicle traffic law, as added by chapter 173 of the laws of 45 1990, is amended to read as follows: 46 (iv) defined as a bus in subdivision one of section five hundred 47 nine-a of this chapter, or as a large livery in section one hundred 48 twenty-one-dd of this chapter; or 49 § 13. The vehicle and traffic law is amended by adding a new section 50 1161-a to read as follows: 51 § 1161-a. U-turns by certain motor vehicles prohibited. (1) Notwith- 52 standing any other provision of law, no U-turn shall be performed by a 53 vehicle having an overall length of eighteen feet or more, a bus as 54 defined in section one hundred four of this chapter, or a large livery 55 as defined in section one hundred twenty-one-dd of this chapter.S. 1508 109 A. 2008 1 (2) The provisions of this section shall apply upon public highways 2 and privately owned roads open to motor vehicle traffic. In addition, 3 the provisions of this section shall apply irrespective of: (a) whether 4 the bus or large livery is carrying any passengers; and (b) the motor 5 vehicle registration class in which the bus or large livery is regis- 6 tered. 7 (3) Any violation of the provisions of this section which results in 8 serious physical injury as defined in section 10.00 of the penal law, 9 shall be a class A misdemeanor, punishable by a fine of not less than 10 five hundred dollars nor more than one thousand dollars in addition to 11 any other penalties provided by law. Any violation of this section which 12 results in death shall be a class E felony punishable by a fine of not 13 less than one thousand dollars nor more than five thousand dollars in 14 addition to any other penalties provided by law. 15 § 14. Paragraph (a) of subdivision 4 and subdivision 9 of section 16 1229-c of the vehicle and traffic law, paragraph (a) of subdivision 4 as 17 amended by chapter 448 of the laws of 2015 and subdivision 9 as amended 18 by chapter 340 of the laws of 2017, are amended to read as follows: 19 (a) "motor vehicle" shall include all motor vehicles which are 20 required by section three hundred eighty-three of this chapter or regu- 21 lation or would be required if such motor vehicle were registered in New 22 York state to be equipped by a safety belt but shall not include those 23 vehicles which are [used as school buses, as such term is defined in24section one hundred forty-two of this chapter and those vehicles which25are] authorized emergency vehicles, as such term is defined in section 26 one hundred one of this chapter, provided, however, that for purposes of 27 this section, "motor vehicle" shall also include fire vehicles owned 28 and/or operated by a fire company as defined by subdivision two of 29 section one hundred of the general municipal law and ambulances owned 30 and/or operated by a voluntary ambulance service as defined by subdivi- 31 sion three of section one hundred of the general municipal law; 32 [9. Notwithstanding the provisions of subdivision four of this33section, the provisions of this section shall not apply to buses other34than school buses and the provisions of subdivisions one, two, three and35three-a of this section shall not apply to taxis and liveries.] 36 § 15. Subdivision 7 of section 510 of the vehicle and traffic law, as 37 amended by section 5 of part K of chapter 59 of the laws of 2010, is 38 amended to read as follows: 39 7. Miscellaneous provisions. Except as expressly provided, a court 40 conviction shall not be necessary to sustain a revocation or suspension. 41 Revocation or suspension hereunder shall be deemed an administrative act 42 reviewable by the supreme court as such. Notice of revocation or suspen- 43 sion, as well as any required notice of hearing, where the holder is not 44 present, may be given by mailing the same in writing to him or her at 45 the address contained in his or her license, certificate of registration 46 or at the current address provided by the United States postal service, 47 as the case may be. Proof of such mailing by certified mail to the hold- 48 er shall be presumptive evidence of the holder's receipt and actual 49 knowledge of such notice. Attendance of witnesses may be compelled by 50 subpoena. Failure of the holder or any other person possessing the 51 license card or number plates, to deliver the same to the suspending or 52 revoking officer is a misdemeanor. Suspending or revoking officers shall 53 place such license cards and number plates in the custody of the commis- 54 sioner except where the commissioner shall otherwise direct. [If any55person shall fail to deliver a license card or number plates as provided56herein, any] Any police officer, bridge and tunnel officer of theS. 1508 110 A. 2008 1 Triborough bridge and tunnel authority, the commissioner, the commis- 2 sioner of transportation or agent of [the commissioner] such commission- 3 ers having knowledge of such facts shall have the power to secure 4 possession thereof and return the same to the commissioner[, and the5commissioner may forthwith direct any police officer, bridge and tunnel6officer of the Triborough bridge and tunnel authority, acting pursuant7to his or her special duties, or agent of the commissioner to secure8possession thereof and to return the same to the commissioner]. Failure 9 of the holder or of any person possessing the license card or number 10 plates to deliver to any police officer, bridge and tunnel officer of 11 the Triborough bridge and tunnel authority, or agent of the commissioner 12 of transportation, or agent of the commissioner who requests the same 13 pursuant to this subdivision shall be a misdemeanor. [Notice of revoca-14tion or suspension of any license or registration shall be transmitted15forthwith by the commissioner to the chief of police of the city or16prosecuting officer of the locality in which the person whose license or17registration so revoked or suspended resides.] In case any license or 18 registration shall expire before the end of any period for which it has 19 been revoked or suspended, and before it shall have been restored as 20 provided in this chapter, then and in that event any renewal thereof may 21 be withheld until the end of such period of suspension or until restora- 22 tion, as the case may be. 23 The revocation of a learner's permit shall automatically cancel the 24 application for a license of the holder of such permit. 25 No suspension or revocation of a license or registration shall be made 26 because of a judgment of conviction if the suspending or revoking offi- 27 cer is satisfied that the magistrate who pronounced the judgment failed 28 to comply with subdivision one of section eighteen hundred seven of this 29 chapter. In case a suspension or revocation has been made and the 30 commissioner is satisfied that there was such failure, the commissioner 31 shall restore the license or registration or both as the case may be. 32 § 16. This act shall take effect immediately; provided, however, 33 section five of this act shall take effect October 1, 2019; and provided 34 further, however, that sections eleven and twelve of this act shall take 35 effect on the ninetieth day after they shall have become a law. 36 PART U 37 Section 1. Expenditures of moneys appropriated in a chapter of the 38 laws of 2019 to the department of agriculture and markets from the 39 special revenue funds-other/state operations, miscellaneous special 40 revenue fund-339, public service account shall be subject to the 41 provisions of this section. Notwithstanding any other provision of law 42 to the contrary, direct and indirect expenses relating to the department 43 of agriculture and markets' participation in general ratemaking 44 proceedings pursuant to section 65 of the public service law or certif- 45 ication proceedings pursuant to article 7 or 10 of the public service 46 law, shall be deemed expenses of the department of public service within 47 the meaning of section 18-a of the public service law. No later than 48 August 15, 2020, the commissioner of the department of agriculture and 49 markets shall submit an accounting of such expenses, including, but not 50 limited to, expenses in the 2019--2020 state fiscal year for personal 51 and non-personal services and fringe benefits, to the chair of the 52 public service commission for the chair's review pursuant to the 53 provisions of section 18-a of the public service law. No later than 54 August 15, 2021, the commissioner of the department of agriculture andS. 1508 111 A. 2008 1 markets shall submit an accounting of such expenses, including, but not 2 limited to, expenses in the 2020--2021 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. 6 § 2. Expenditures of moneys appropriated in a chapter of the laws of 7 2019 to the department of state from the special revenue funds- 8 other/state operations, miscellaneous special revenue fund-339, public 9 service account shall be subject to the provisions of this section. 10 Notwithstanding any other provision of law to the contrary, direct and 11 indirect expenses relating to the activities of the department of 12 state's utility intervention unit pursuant to subdivision 4 of section 13 94-a of the executive law, including, but not limited to participation 14 in general ratemaking proceedings pursuant to section 65 of the public 15 service law or certification proceedings pursuant to article 7 or 10 of 16 the public service law, shall be deemed expenses of the department of 17 public service within the meaning of section 18-a of the public service 18 law. No later than August 15, 2020, the secretary of state shall submit 19 an accounting of such expenses, including, but not limited to, expenses 20 in the 2019--2020 state fiscal year for personal and non-personal 21 services and fringe benefits, to the chair of the public service commis- 22 sion for the chair's review pursuant to the provisions of section 18-a 23 of the public service law. No later than August 15, 2021, the secretary 24 of state shall submit an accounting of such expenses, including, but not 25 limited to, expenses in the 2020--2021 state fiscal year for personal 26 and non-personal services and fringe benefits, to the chair of the 27 public service commission for the chair's review pursuant to the 28 provisions of section 18-a of the public service law. 29 § 3. Expenditures of moneys appropriated in a chapter of the laws of 30 2019 to the office of parks, recreation and historic preservation from 31 the special revenue funds-other/state operations, miscellaneous special 32 revenue fund-339, public service account shall be subject to the 33 provisions of this section. Notwithstanding any other provision of law 34 to the contrary, direct and indirect expenses relating to the office of 35 parks, recreation and historic preservation's participation in general 36 ratemaking proceedings pursuant to section 65 of the public service law 37 or certification proceedings pursuant to article 7 or 10 of the public 38 service law, shall be deemed expenses of the department of public 39 service within the meaning of section 18-a of the public service law. No 40 later than August 15, 2020, the commissioner of the office of parks, 41 recreation and historic preservation shall submit an accounting of such 42 expenses, including, but not limited to, expenses in the 2019--2020 43 state fiscal year for personal and non-personal services and fringe 44 benefits, to the chair of the public service commission for the chair's 45 review pursuant to the provisions of section 18-a of the public service 46 law. No later than August 15, 2021, the commissioner of the office of 47 parks, recreation and historic preservation shall submit an accounting 48 of such expenses, including, but not limited to, expenses in the 49 2020--2021 state fiscal year for personal and non-personal services and 50 fringe benefits, to the chair of the public service commission for the 51 chair's review pursuant to the provisions of section 18-a of the public 52 service law. 53 § 4. Expenditures of moneys appropriated in a chapter of the laws of 54 2019 to the department of environmental conservation from the special 55 revenue funds-other/state operations, environmental conservation special 56 revenue fund-301, utility environmental regulation account shall beS. 1508 112 A. 2008 1 subject to the provisions of this section. Notwithstanding any other 2 provision of law to the contrary, direct and indirect expenses relating 3 to the department of environmental conservation's participation in state 4 energy policy proceedings, or certification proceedings pursuant to 5 article 7 or 10 of the public service law, shall be deemed expenses of 6 the department of public service within the meaning of section 18-a of 7 the public service law. No later than August 15, 2020, the commissioner 8 of the department of environmental conservation shall submit an account- 9 ing of such expenses, including, but not limited to, expenses in the 10 2019--2020 state fiscal year for personal and non-personal services and 11 fringe benefits, to the chair of the public service commission for the 12 chair's review pursuant to the provisions of section 18-a of the public 13 service law. No later than August 15, 2021, the commissioner of the 14 department of environmental conservation shall submit an accounting of 15 such expenses, including, but not limited to, expenses in the 2020--2021 16 state fiscal year for personal and non-personal services and fringe 17 benefits, to the chair of the public service commission for the chair's 18 review pursuant to the provisions of section 18-a of the public service 19 law. 20 § 5. Funding for services and expenses of the electric generation 21 facility cessation mitigation fund for state fiscal year 2019--2020, and 22 for each state fiscal year thereafter, shall be subject to the 23 provisions of this section. Notwithstanding any other provision of law 24 to the contrary, funding provided to the electric generation facility 25 cessation mitigation fund administered by the urban development corpo- 26 ration for payment to eligible municipalities shall be deemed expenses 27 of the department of public service within the meaning of section 18-a 28 of the public service law. For the 2019--2020 state fiscal year, and for 29 each state fiscal year thereafter, the electric businesses of public 30 utilities subject to the commission's regulation, other than munici- 31 palities, shall pay a total amount not to exceed $10,000,000 to the 32 urban development corporation for deposit to the electric generation 33 facility cessation mitigation fund. The bill to each such public utility 34 shall be $10,000,000 multiplied by the proportion which compares: (1) 35 the gross operating revenues, over and above five hundred thousand 36 dollars, for the electric business of such public utility derived from 37 intrastate utility operations in the last preceding calendar year, or 38 other twelve month period as determined by the chairman, to: (2) the 39 total of the gross operating revenues, derived from intrastate utility 40 operations for the electric businesses of all such public utilities in 41 the state. No later than August 15, 2020, and August 15 of each year 42 thereafter, the chair of the public service commission will review an 43 accounting of the electric generation facility cessation mitigation fund 44 pursuant to provisions of section 18-a of the public service law. 45 § 6. Notwithstanding any other law, rule or regulation to the contra- 46 ry, expenses of the department of health public service education 47 program incurred pursuant to appropriations from the cable television 48 account of the state miscellaneous special revenue funds shall be deemed 49 expenses of the department of public service. No later than August 15, 50 2020, the commissioner of the department of health shall submit an 51 accounting of expenses in the 2019--2020 state fiscal year to the chair 52 of the public service commission for the chair's review pursuant to the 53 provisions of section 217 of the public service law. No later than 54 August 15, 2021, the commissioner of the department of health shall 55 submit an accounting of such expenses, including, but not limited to, 56 expenses in the 2020--2021 state fiscal year for personal and non-per-S. 1508 113 A. 2008 1 sonal services and fringe benefits, to the chair of the public service 2 commission for the chair's review pursuant to the provisions of section 3 18-a of the public service law. 4 § 7. Any expense deemed to be expenses of the department of public 5 service pursuant to sections one through five of this act shall not be 6 recovered through assessments imposed upon telephone corporations as 7 defined in subdivision 17 of section 2 of the public service law. 8 § 8. This act shall take effect immediately and shall be deemed to 9 have been in full force and effect on and after April 1, 2019 and 10 sections one, two, three, four and six shall be deemed repealed April 1, 11 2021. 12 PART V 13 Section 1. The state finance law is amended by adding a new section 14 169 to read as follows: 15 § 169. Net neutrality. 1. As used herein, "net neutrality" shall mean 16 that an internet service provider will not block, throttle, or prior- 17 itize internet content or applications or require that end users pay 18 different or higher rates to access specific types of content or appli- 19 cations. 20 2. Each state agency shall enter into contracts with only those inter- 21 net service providers that adhere to net neutrality principles. Each 22 contract for internet services provided to a state agency shall specif- 23 ically state that the internet service provider may not block lawful 24 content, applications, services, non-harmful devices, or applications 25 that compete with other services provided by the internet service 26 provider. Any contract or contract renewal entered into by a state 27 agency shall include a binding agreement consistent with the foregoing 28 provisions, and no state agency shall enter into a contract with an 29 internet service provider, an agent therefor, or other entity offering 30 to or procuring on behalf of the state agency internet services unless 31 the contract contains such a binding agreement. 32 § 2. Subdivision 9 of section 160 of the state finance law, as amended 33 by chapter 106 of the laws of 2012, is amended to read as follows: 34 9. "State agency" or "state agencies" means all state departments, 35 boards, commissions, offices or institutions but excludes, however, for 36 the purposes of subdivision five of section three hundred fifty-five of 37 the education law, the state university of New York and excludes, for 38 the purposes of subdivision a of section sixty-two hundred eighteen of 39 the education law, the city university of New York; provided, however, 40 that the state university of New York and the city university of New 41 York shall be subject to the provisions of section one hundred sixty- 42 five-a and section one hundred sixty-nine of this article. Furthermore, 43 such term shall not include the legislature or the judiciary. 44 § 3. The public authorities law is amended by adding a new section 45 2878-c to read as follows: 46 § 2878-c. Net neutrality. 1. As used herein, "net neutrality" shall 47 mean that an internet service provider will not block, throttle, or 48 prioritize internet content or applications or require that end users 49 pay different or higher rates to access specific types of content or 50 applications. 51 2. Each state authority shall enter into contracts with only those 52 internet service providers that adhere to net neutrality principles. 53 Each contract for internet services provided to a state authority shall 54 specifically state that the internet service provider may not blockS. 1508 114 A. 2008 1 lawful content, applications, services, non-harmful devices, or applica- 2 tions that compete with other services provided by the internet service 3 provider. Any contract or contract renewal entered into by a state 4 authority shall include a binding agreement consistent with the forego- 5 ing provisions, and no state authority shall enter into a contract with 6 an internet service provider, an agent therefor, or other entity offer- 7 ing to or procuring on behalf of the state authority internet services 8 unless the contract contains such a binding agreement. 9 § 4. This act shall take effect immediately. 10 PART W 11 Section 1. Expenditures of moneys by the New York state energy 12 research and development authority for services and expenses of the 13 energy research, development and demonstration program, including 14 grants, the energy policy and planning program, the zero emissions vehi- 15 cle and electric vehicle rebate program, and the Fuel NY program shall 16 be subject to the provisions of this section. Notwithstanding the 17 provisions of subdivision 4-a of section 18-a of the public service law, 18 all moneys committed or expended in an amount not to exceed $19,700,000 19 shall be reimbursed by assessment against gas corporations, as defined 20 in subdivision 11 of section 2 of the public service law and electric 21 corporations as defined in subdivision 13 of section 2 of the public 22 service law, where such gas corporations and electric corporations have 23 gross revenues from intrastate utility operations in excess of $500,000 24 in the preceding calendar year, and the total amount which may be 25 charged to any gas corporation and any electric corporation shall not 26 exceed one cent per one thousand cubic feet of gas sold and .010 cent 27 per kilowatt-hour of electricity sold by such corporations in their 28 intrastate utility operations in calendar year 2017. Such amounts shall 29 be excluded from the general assessment provisions of subdivision 2 of 30 section 18-a of the public service law. The chair of the public service 31 commission shall bill such gas and/or electric corporations for such 32 amounts on or before August 10, 2019 and such amounts shall be paid to 33 the New York state energy research and development authority on or 34 before September 10, 2019. Upon receipt, the New York state energy 35 research and development authority shall deposit such funds in the ener- 36 gy research and development operating fund established pursuant to 37 section 1859 of the public authorities law. The New York state energy 38 research and development authority is authorized and directed to: (1) 39 transfer $1 million to the state general fund for services and expenses 40 of the department of environmental conservation, $150,000 to the state 41 general fund for services and expenses of the department of agriculture 42 and markets, and $825,000 to the University of Rochester laboratory for 43 laser energetics from the funds received; and (2) commencing in 2016, 44 provide to the chair of the public service commission and the director 45 of the budget and the chairs and secretaries of the legislative fiscal 46 committees, on or before August first of each year, an itemized record, 47 certified by the president and chief executive officer of the authority, 48 or his or her designee, detailing any and all expenditures and commit- 49 ments ascribable to moneys received as a result of this assessment by 50 the chair of the department of public service pursuant to section 18-a 51 of the public service law. This itemized record shall include an item- 52 ized breakdown of the programs being funded by this section and the 53 amount committed to each program. The authority shall not commit for 54 any expenditure, any moneys derived from the assessment provided for inS. 1508 115 A. 2008 1 this section, until the chair of such authority shall have submitted, 2 and the director of the budget shall have approved, a comprehensive 3 financial plan encompassing all moneys available to and all anticipated 4 commitments and expenditures by such authority from any source for the 5 operations of such authority. Copies of the approved comprehensive 6 financial plan shall be immediately submitted by the chair to the chairs 7 and secretaries of the legislative fiscal committees. Any such amount 8 not committed by such authority to contracts or contracts to be awarded 9 or otherwise expended by the authority during the fiscal year shall be 10 refunded by such authority on a pro-rata basis to such gas and/or elec- 11 tric corporations, in a manner to be determined by the department of 12 public service, and any refund amounts must be explicitly lined out in 13 the itemized record described above. 14 § 2. 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. 16 PART X 17 Section 1. Short title. This act shall be known and may be cited as 18 the "climate leadership act". 19 § 2. Legislative findings. The legislature finds and declares that: 20 1. New York state is on the front lines of the battle against climate 21 change, recognizing the moral imperative for this generation to protect 22 the next. 23 2. New York state has already experienced firsthand the damaging 24 consequences of a changing climate along with the economic impacts of 25 increasingly frequent and violent weather. 26 3. New York state accepts its responsibility to lead the fight to 27 address climate change, and as the world's thirteenth largest economy, 28 embraces this responsibility and the need for greater climate action and 29 leadership. 30 4. New York state accepts the findings of the United Nations Intergov- 31 ernmental Panel on Climate Change and the international scientific 32 community that global temperature must not increase by more than 2 33 degrees Celsius above preindustrial levels in order to avert the most 34 damaging effects of a changing climate. 35 5. New York state is mindful of the federal government's fourth 36 National Climate Assessment, which predicts that if significant steps 37 are not taken, the damage from climate change will reduce the size of 38 the U.S. economy by century's end as a result of severe weather and 39 natural disasters. 40 6. New York state is a national and international leader in addressing 41 climate change and has adopted ambitious policies and initiatives to 42 dramatically reduce greenhouse gas emissions, including a target to 43 reduce greenhouse gas emissions by 40% from 1990 levels by 2030, and 80% 44 from 1990 levels by 2050. 45 7. New York state is a founding participant in the U.S. Climate Alli- 46 ance, Regional Greenhouse Gas Initiative, and Zero Emissions Vehicles 47 Initiative. 48 8. New York state's Reforming the Energy Vision is a nationally recog- 49 nized initiative to fundamentally transform the state's energy economy 50 into one that is increasingly clean, resilient and affordable. 51 9. New York state's Clean Energy Standard was one of the first 52 programs in the nation to mandate that 50% of electricity come from 53 renewable energy sources by 2030.S. 1508 116 A. 2008 1 10. New York state's offshore wind, solar, energy storage, and energy 2 efficiency targets and programs are leading the nation in propelling the 3 rapid growth of clean energy industries across the state. 4 11. New York state is committed to achieving carbon neutrality as soon 5 as practicable and to ensuring that the transition to a carbon neutral 6 economy is equitable for all New Yorkers and a transitioning workforce. 7 12. New York state acknowledges that worsening climate impacts will 8 disproportionately affect low-income and disadvantaged communities, and 9 is committed to making systemic changes to address the unequal impacts 10 of negative environmental burdens on distressed communities and sharing 11 the burdens and benefits of addressing climate change equitably and 12 fairly. 13 13. New York state is committed to ensuring that by the year 2040 one 14 hundred percent of its electricity is generated by clean sources, that 15 by 2030 seventy percent of its electricity is generated by renewable 16 sources and that the state is on a path to becoming carbon neutral econ- 17 omy-wide as soon as practicable. 18 § 3. The energy law is amended by adding a new section 6-105 to read 19 as follows: 20 § 6-105. Climate action council and roadmap for statewide carbon 21 neutrality. 1. It is hereby established as state policy that, as soon as 22 practicable, the state must sequester or offset a greater quantity of 23 atmospheric greenhouse gases than are emitted within the state, and that 24 in the consideration of carbon neutrality, the state must take into 25 account both atmospheric carbon and greenhouse gas emissions as well as 26 offsets from the local sequestration of atmospheric carbon and green- 27 house gases through long-term sinks and reservoirs. 28 2. In furtherance of state policy provided in subdivision one of this 29 section, there is hereby established a climate action council, which 30 shall consist of the following members or their designees: 31 (a) the commissioner of the state department of environmental conser- 32 vation; 33 (b) the president of the energy research and development authority; 34 (c) the chair of the public service commission; 35 (d) the commissioner of labor of the state of New York; 36 (e) the commissioner of the state department of transportation; 37 (f) the commissioner of agriculture and markets; 38 (g) one representative of clean energy associations; 39 (h) one member of an organization dedicated to environmental justice 40 issues; 41 (i) one representative of labor organizations; and 42 (j) any others as may be necessary to carry out the duties and respon- 43 sibilities under this section. 44 The members specified in paragraphs (g), (h), (i) and (j) of this 45 subdivision shall be promptly appointed by the governor, each for a term 46 of two years, provided that such person's membership shall continue 47 after such two year term if reappointed or until a successor is 48 appointed. 49 3. The climate action council will be co-chaired by the commissioners 50 of the department of environmental conservation and the president of the 51 energy research and development authority. It shall meet as often as is 52 necessary, but no less than three times per year, and under circum- 53 stances as are appropriate to fulfilling its duties under this section. 54 All members shall be provided with written notice reasonably in advance 55 of each meeting with date, time and location of such meeting.S. 1508 117 A. 2008 1 4. The climate action council shall develop a roadmap of recommenda- 2 tions for attaining the statewide greenhouse gas emission goals of forty 3 percent reduction from 1990 levels by two thousand thirty and carbon 4 neutrality in all sectors of the economy which shall inform the state 5 energy planning council's adoption of a state energy plan in accordance 6 with section 6-104 of this article. To accommodate the work of the 7 climate action council, the state energy planning council shall complete 8 the next state energy plan required by this article no later than Decem- 9 ber thirty-first, two thousand twenty. 10 5. The roadmap required by subdivision four of this section shall 11 identify and make recommendations on regulatory measures, clean energy 12 programs, and other state actions and policies that will ensure the 13 attainment of statewide emission reduction and carbon neutrality goals. 14 In developing the roadmap required by subdivision four of this section 15 the council shall: 16 (a) recognize the global nature of anthropogenic climate change and 17 prioritize regional, multistate and international collaboration and 18 action to deliver maximum impact; 19 (b) engage the states in the U.S. Climate Alliance on pathways to 20 achieving a proportional share of the United Nations Paris Agreement 21 objective to keep global anthropogenic temperature increase to well 22 below 2 degrees Celsius while striving to limit the increase to 1.5 23 degrees Celsius; 24 (c) explore with U.S. Climate Alliance states regional market-based 25 programs and initiatives that can deliver environmental sustainability 26 and carbon neutrality in support of the Paris Agreement; 27 (d) consider all relevant information pertaining to greenhouse gas 28 emissions reduction programs among states in the U.S. Climate Alliance 29 as well as in other states, regions and nations; 30 (e) evaluate, using economic models, emission estimation techniques 31 and other scientific methods, the potential costs and potential economic 32 and non-economic benefits of transitioning to a carbon-neutral economy 33 on a statewide and multistate basis, taking into account the impact on 34 consumers and any regional variations and make such evaluation publicly 35 available; 36 (f) evaluate, using economic models, emission estimation techniques 37 and other scientific methods the economic, environmental, and public 38 health benefits and co-benefits of greenhouse gas emissions reductions 39 on a statewide and multistate basis, taking into account the value of 40 carbon, established by the department of environmental conservation 41 pursuant to section 75-0107 of the environmental conservation law, and 42 using any other tools that the council deems useful and pertinent for 43 this analysis; and 44 (g) consult with the environmental justice and just transition working 45 group established pursuant to this section, and other stakeholders iden- 46 tified by the council. 47 6. The programs and measures considered the roadmap as required by 48 subdivision four of this section may include: 49 (a) performance-based standards for sources of greenhouse gas emis- 50 sions, including but not limited to sources in the electricity, trans- 51 portation, building, industrial, commercial, and agricultural sectors; 52 (b) market-based mechanisms to reduce statewide greenhouse gas emis- 53 sions on a statewide and multistate basis or emissions from a particular 54 source category or categories, including an examination of the imposi- 55 tion of fees per ton of carbon dioxide equivalent emitted and the impo-S. 1508 118 A. 2008 1 sition of emissions caps accompanied by a system of tradable emission 2 allowances; 3 (c) programs to reduce emissions from the electricity sector by tran- 4 sitioning from fossil fuel-based generation to generation powered by 5 clean resources or energy efficiency measures to the extent practicable, 6 including an analysis of technologies and other measures that should be 7 developed to facilitate such transition; 8 (d) land use and transportation planning measures aimed at reducing 9 greenhouse gas emissions on a statewide and multistate basis; 10 (e) measures to promote the beneficial electrification of personal and 11 freight transport, and other strategies to reduce greenhouse gas emis- 12 sions from the transportation sector; 13 (f) measures to achieve reductions in energy use in existing residen- 14 tial or commercial buildings, including the beneficial electrification 15 of water and space heating in buildings, establishing appliance effi- 16 ciency standards, strengthening building energy codes, requiring annual 17 building energy benchmarking, disclosing energy efficiency in home 18 sales, and expanding the ability of state facilities to utilize perform- 19 ance contracting; 20 (g) recommendations to aid in the transition of the New York state 21 workforce and the rapidly emerging clean energy industry; 22 (h) measures to achieve long-term carbon sequestration and/or promote 23 best management practices in land use, agriculture and forestry; 24 (i) measures to limit the use of chemicals, substances or products 25 that contribute to global climate change when released to the atmos- 26 phere, but are not intended for end-use combustion; 27 (j) mechanisms to limit emission leakage as defined in subdivision 28 eleven of section 75-0101 of the environmental conservation law; and 29 (k) verifiable, enforceable and voluntary emissions reduction meas- 30 ures. 31 7. The council shall provide meaningful opportunities for public 32 comment from all persons who will be impacted by the roadmap required by 33 subdivision four of this section, including public hearing opportunities 34 in all regions of the state, and shall allow at least one hundred twenty 35 days for the submission of public comment. The council is authorized to 36 conduct any public hearings associated with the roadmap in conjunction 37 with public hearings required for the state energy plan. 38 8. The council shall transmit the roadmap required by subdivision four 39 of this section to the governor, the speaker of the assembly, and the 40 temporary president of the senate. The council shall prepare and submit 41 a report, by December thirty-first, two thousand nineteen, and annually 42 thereafter, until completion of the roadmap required by subdivision four 43 of this section, detailing the progress of the council and identify any 44 interim recommendations on regulatory measures, clean energy programs, 45 and other state actions and policies that will ensure the attainment of 46 statewide emission reduction and carbon neutrality goals. 47 9. The council may consult with the Long Island power authority and 48 the power authority of the state of New York, and such authorities as 49 are authorized to cooperate with the council and provide input as 50 requested. 51 10. The Long Island power authority and the power authority of the 52 state of New York are authorized, as deemed feasible and advisable by 53 their respective governing boards, to make a voluntary contribution of 54 funds to mitigate part of the cost of development of the roadmap 55 required by subdivision four of this section.S. 1508 119 A. 2008 1 11. Staff services shall be performed by the departments of public 2 service, environmental conservation, transportation, agriculture and 3 markets, labor, and the New York state energy research and development 4 authority, as directed by the council. Assistance shall also be made 5 available, as requested by the council, from other agencies, departments 6 and public authorities of the state. The council may provide for its own 7 representation in all actions or proceedings in which it is a party. 8 § 4. The energy law is amended by adding a new section 6-110 to read 9 as follows: 10 § 6-110. Environmental justice and just transition working group. 1. 11 There is hereby established an environmental justice and just transition 12 working group which shall consist of advocates for environmental justice 13 and community leaders and representatives of New York's workforce, and 14 have equal representation from New York city communities, rural communi- 15 ties, and upstate urban communities. 16 2. The working group shall advise the department of environmental 17 conservation, the energy research and development authority, the depart- 18 ment of public service, the department of labor, the climate action 19 council, and other agencies as appropriate, on: 20 (a) the development of statewide greenhouse gas emissions limits 21 established pursuant to section 75-0103 of the environmental conserva- 22 tion law; 23 (b) the preparation of a roadmap for reducing greenhouse gas emis- 24 sions, pursuant to the procedures set forth in section 6-105 of the 25 energy law that shall identify existing climate change mitigation and 26 adaptation efforts at the federal, state, and local levels and may make 27 recommendations regarding how such policies may improve the state's 28 efforts; 29 (c) the preparation of a roadmap for addressing issues and opportu- 30 nities related to the transition of the New York state workforce and the 31 rapidly emerging clean energy industry; and 32 (d) the transition of communities away from conventional energy indus- 33 tries and towards new opportunities in the clean energy economy. 34 § 5. The energy law is amended by adding a new section 6-112 to read 35 as follows: 36 § 6-112. Supplemental analysis for one hundred percent clean electric- 37 ity. 1. The board shall undertake the following assessment to supplement 38 information for future energy planning: on or before December thirty- 39 first, two thousand twenty-four, and every four years thereafter, the 40 board shall incorporate: 41 (a) analysis and recommendations into each plan supporting policies 42 and actions that would meet the state's objective of ensuring that the 43 state's electricity demand is supplied from one hundred percent clean 44 energy resources by the year two thousand forty in an economical and 45 technically feasible manner; and 46 (b) analysis and recommendations into each plan supporting policies 47 and actions that would advance the state toward the objective of meeting 48 the greenhouse gas emission reduction limits established by the depart- 49 ment of environmental conservation pursuant to section 75-0103 of the 50 environmental conservation law. 51 2. The board may consult with the Long Island power authority, the 52 power authority of the state of New York, any other state agency or 53 authority, and the bulk system operator as deemed necessary by the 54 board, and all state agencies and authorities are authorized to cooper- 55 ate with the board and provide input as requested with respect to such 56 assessment.S. 1508 120 A. 2008 1 § 6. The public service law is amended by adding a new section 77-a to 2 read as follows: 3 § 77-a. New York state clean energy program. 1. The term "renewable 4 energy sources" when used in this section shall be defined by the 5 commission, and shall include but not be limited to, at a minimum, solar 6 photovoltaic generation, wind generation, existing hydroelectric gener- 7 ation as well as new hydroelectric generation subject to and compliant 8 with rules established by the commission and generators that use biogas 9 or other biofuels to generate electricity subject to and compliant with 10 rules established by the commission. 11 2. The term "clean energy sources" when used in this section shall be 12 defined by the commission, in consultation with the department of envi- 13 ronmental conservation, and shall include electric generation that 14 releases zero or de minimis net greenhouse gas emissions to the atmos- 15 phere as a byproduct of generating electricity, including electricity 16 generated by biofuels that are determined by the department of environ- 17 mental conservation to be carbon neutral. 18 3. Within one hundred twenty days of the effective date of this 19 section, the commission shall commence a proceeding or modify an exist- 20 ing proceeding to establish a clean energy program that shall require 21 that New York state load serving entities: 22 (a) meet one hundred percent of statewide electrical energy demand 23 with clean energy sources by the year two thousand forty; 24 (b) meet seventy percent of statewide electrical energy demand with 25 renewable energy sources by the year two thousand thirty; and 26 (c) demonstrate each year that the required percentage of their elec- 27 tric energy demand was met with clean and renewable energy sources 28 through methods or mechanisms established by the commission. 29 4. The commission may establish minimum annual percentage target 30 requirements for load serving entities for each year, or period of 31 years, of the program. In establishing such program, the commission 32 shall consult with the Long Island power authority, the department of 33 environmental conservation, the power authority of the state of New York 34 and the New York energy research and development authority. 35 § 7. Section 1005 of the public authorities law is amended by adding a 36 new subdivision 26 to read as follows: 37 26. To cooperate with the public service commission, the Long Island 38 power authority and the New York state energy research and development 39 authority to meet New York state's climate change and environmental 40 goals including those established pursuant to and consistent with 41 section seventy-seven-a of the public service law, section 75-0103 of 42 the environmental conservation law and section 6-105 of the energy law. 43 § 8. Paragraph 1 of subdivision (gg) of section 1020-f of the public 44 authorities law, as added by section 7 of part A of chapter 173 of the 45 laws of 2013, is amended to read as follows: 46 1. The authority in coordination with the service provider, the power 47 authority of the state of New York and the New York state energy 48 research and development authority shall, to the extent the authority's 49 rates are sufficient to provide safe and adequate transmission and 50 distribution service, and the measures herein, undertake actions to 51 design and administer renewable energy and energy efficiency measures in 52 the service area, with the goal of continuing and expanding such meas- 53 ures that cost-effectively reduce system-wide peak demand, minimize 54 long-term fuel price risk to rate payers, lower emissions, improve envi- 55 ronmental quality, including the requirements established pursuant to 56 and consistent with section seventy-seven-a of the public service law,S. 1508 121 A. 2008 1 section 75-0103 of the environmental conservation law and section 6-105 2 of the energy law and seek to meet New York state climate change and 3 environmental goals. Such actions shall also include implementation of 4 any renewable energy competitive procurement or feed-in-tariff programs 5 that were approved by the authority as of the effective date of the 6 chapter of the laws of two thousand thirteen which added this subdivi- 7 sion. 8 § 9. The environmental conservation law is amended by adding a new 9 article 75 to read as follows: 10 ARTICLE 75 11 CLIMATE CHANGE 12 Section 75-0101. Definitions. 13 75-0103. Statewide greenhouse gas emissions limits. 14 75-0105. Regulations to achieve statewide greenhouse gas emis- 15 sions reductions. 16 75-0107. Value of carbon. 17 § 75-0101. Definitions. 18 For the purposes of this article, the following definitions apply: 19 1. "Council" means the climate action council established pursuant to 20 section 6-105 of the energy law. 21 2. "Carbon dioxide equivalent" means the amount of carbon dioxide by 22 mass that would produce the same integrated radiative forcing as a given 23 mass of another greenhouse gas over a one hundred year or other appro- 24 priate time frame after emission, as determined by the department. 25 3. "Carbon neutrality policy" means the state policy established 26 pursuant to subdivision one of section 6-105 of the energy law. 27 4. "Carbon neutrality roadmap" means the roadmap for statewide carbon 28 neutrality prepared by the climate action council pursuant to section 29 6-105 of the energy law. 30 5. "Climate action council" means the board established pursuant to 31 subdivision two of section 6-105 of the energy law. 32 6. "Emissions reduction measures" means programs, measures and stand- 33 ards, including those authorized pursuant to this chapter, applicable to 34 sources or categories of sources that are designed to reduce emissions 35 of greenhouse gases. 36 7. "Environmental justice and just transition working group" means the 37 group established pursuant to section 6-110 of the energy law. 38 8. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, 39 hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other 40 substance emitted into the air that may be reasonably anticipated to 41 cause or contribute to anthropogenic climate change, as determined by 42 the department. 43 9. "Greenhouse gas emission limit" means an authorization, during a 44 specified year, for a greenhouse gas emission source to emit up to a 45 level or rate of greenhouse gases specified by the department, expressed 46 in tons of carbon dioxide equivalent. 47 10. "Greenhouse gas emission source" or "source" means any anthropo- 48 genic source or category of anthropogenic sources of greenhouse gas 49 emissions including prime suppliers, with the exception of agricultural 50 emissions from livestock, that the department determines: 51 (a) will enable the state to effectively reduce greenhouse gas emis- 52 sions through the source's participation in a program or mechanism; and 53 (b) is capable of being monitored for compliance. 54 11. "Leakage" means a reduction in emissions of greenhouse gases with- 55 in the state that is offset by an increase in emissions of greenhouse 56 gases outside of the state.S. 1508 122 A. 2008 1 12. "State energy plan" means the plan issued by the state energy 2 planning board pursuant to article six of the energy law. 3 13. "Statewide greenhouse gas emissions" means the total annual emis- 4 sions of greenhouse gases produced within the state from sources. State- 5 wide greenhouse gas emissions shall be expressed in short tons of carbon 6 dioxide equivalents. 7 14. "Statewide greenhouse gas emissions limit" or "statewide emissions 8 limit" means the maximum allowable level of statewide greenhouse gas 9 emissions in a specified year. 10 § 75-0103. Statewide greenhouse gas emissions limits. 11 Within two years of the effective date of this article, the department 12 shall promulgate a statewide greenhouse gas emissions limit measured in 13 units of carbon dioxide equivalent for the year two thousand thirty, at 14 which statewide greenhouse gas emissions would achieve a forty percent 15 reduction from nineteen hundred ninety emission levels based on an 16 inventory of statewide emissions developed or approved by the depart- 17 ment. The department may periodically revise the limit based on new 18 information. 19 § 75-0105. Regulations to achieve statewide greenhouse gas emissions 20 reductions. 21 1. In addition to regulations promulgated by the department pursuant 22 to existing authority established by this chapter, no later than four 23 years after the effective date of this article, the department shall 24 promulgate rules and regulations consistent with measures recommended in 25 the carbon neutrality roadmap issued by the climate action council to 26 support compliance with the statewide greenhouse gas emission limits 27 established by the department pursuant to section 75-0103 of this arti- 28 cle. 29 2. The regulations promulgated by the department pursuant to this 30 section may include, as appropriate: 31 (a) legally enforceable emissions reduction measures or greenhouse gas 32 emission limits, which may include performance standards or measures or 33 other requirements to control emissions from greenhouse gas emission 34 sources; 35 (b) measures to reduce emissions from greenhouse gas emission sources 36 or source categories that have a cumulatively significant impact on 37 statewide greenhouse gas emissions; 38 (c) measures, as determined by the department, to limit or preclude 39 the use of certain chemicals or substances, including hydrofluorocar- 40 bons, perfluorinated compounds, sulfur hexafluoride, and nitrous oxide, 41 that contribute to global climate change when released to the atmos- 42 phere, but are not intended for end-use combustion; and 43 (d) mechanisms to minimize leakage. 44 § 75-0107. Value of carbon. 45 1. No later than one year after the effective date of this article, 46 the department, in consultation with the energy research and development 47 authority, shall establish a social cost of carbon for use by New York 48 state agencies, expressed in terms of dollars per ton of carbon dioxide 49 equivalent. 50 2. The social cost of carbon shall serve as a monetary estimate of the 51 value of not emitting a ton of greenhouse gas emissions. As determined 52 by the department, the social cost of carbon may be based on marginal 53 greenhouse gas abatement costs or on the global economic, environmental, 54 and social impacts of emitting a marginal ton of greenhouse gas emis- 55 sions into the atmosphere, utilizing a range of appropriate discount 56 rates, including a rate of zero.S. 1508 123 A. 2008 1 3. In developing the social cost of carbon, the department shall 2 consider prior or existing estimates of the social cost of carbon issued 3 or adopted by the federal government, appropriate international bodies, 4 or other appropriate and reputable scientific organizations. 5 § 10. This act shall take effect immediately. 6 PART Y 7 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 8 New York state urban development corporation act, relating to the powers 9 of the New York state urban development corporation to make loans, as 10 amended by section 1 of part P 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 expire on July 1, [2019] 2020, at which 14 time the provisions of subdivision 26 of section 5 of the New York state 15 urban development corporation act shall be deemed repealed; provided, 16 however, that neither the expiration nor the repeal of such subdivision 17 as provided for herein shall be deemed to affect or impair in any manner 18 any loan made pursuant to the authority of such subdivision prior to 19 such expiration and repeal. 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 Z 23 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 24 of the laws of 1968 constituting the New York state urban development 25 corporation act, as amended by section 1 of part O of chapter 58 of the 26 laws of 2018, is amended to read as follows: 27 3. The provisions of this section shall expire, notwithstanding any 28 inconsistent provision of subdivision 4 of section 469 of chapter 309 of 29 the laws of 1996 or of any other law, on July 1, [2019] 2020. 30 § 2. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after July 1, 2019. 32 PART AA 33 Section 1. Subdivision 2, paragraph (e) of subdivision 7, paragraph 34 (b) of subdivision 8, subdivision 13, paragraph (e) of subdivision 15, 35 subdivisions 16, 19, 21 and 22 of section 310 of the executive law, as 36 added by chapter 261 of the laws of 1988, paragraph (e) of subdivision 7 37 and paragraph (e) of subdivision 15 as amended by chapter 22 of the laws 38 of 2014, subdivision 13 as amended by chapter 506 of the laws of 2009, 39 subdivision 16 as added by section 3 of part BB of chapter 59 of the 40 laws of 2006, and subdivisions 19, 21 and 22 as added by chapter 175 of 41 the laws of 2010, are amended and a new subdivision 24 is added to read 42 as follows: 43 2. "Contracting agency" shall mean a state agency or state funded 44 entity which is a party or a proposed party to a state contract or, in 45 the case of a state contract described in paragraph (c) of subdivision 46 thirteen of this section, shall mean the New York state housing finance 47 agency, housing trust fund corporation or affordable housing corpo- 48 ration, whichever has made or proposes to make the grant or loan for the 49 state assisted housing project.S. 1508 124 A. 2008 1 (e) an enterprise owned by an individual or individuals, whose owner- 2 ship, control and operation are relied upon for certification, with a 3 personal net worth that does not exceed three million five hundred thou- 4 sand dollars, or such other amount as the director shall set forth in 5 regulations, as adjusted annually on the first of January for inflation 6 according to the consumer price index of the previous year; and 7 (b) [Hispanic] Hispanic/Latino persons of Mexican, Puerto Rican, 8 Dominican, Cuban, Central or South American of either Indian or Hispanic 9 origin, regardless of race; 10 13. "State contract" shall mean: (a) a written agreement or purchase 11 order instrument, providing for a total expenditure in excess of twen- 12 ty-five thousand dollars, whereby a contracting agency is committed to 13 expend or does expend or grant funds in return for labor, services 14 including but not limited to legal, financial and other professional 15 services, supplies, equipment, materials or any combination of the fore- 16 going, to be performed for, on behalf of, or rendered or furnished to 17 the contracting agency; (b) a written agreement in excess of one hundred 18 thousand dollars whereby a contracting agency is committed to expend or 19 grant or does expend funds for the acquisition, construction, demoli- 20 tion, replacement, major repair or renovation of real property and 21 improvements thereon; [and] (c) a written agreement in excess of one 22 hundred thousand dollars whereby the owner of a state assisted housing 23 project is committed to expend or does expend funds for the acquisition, 24 construction, demolition, replacement, major repair or renovation of 25 real property and improvements thereon for such project; and (d) a writ- 26 ten agreement or purchase order instrument, providing for a total 27 expenditure in excess of fifty thousand dollars, whereby a state-funded 28 entity is committed to expend or does expend funds paid to the state- 29 funded entity by the state of New York, including those paid to the 30 state-funded entity pursuant to an appropriation, for any product or 31 service. 32 (e) an enterprise owned by an individual or individuals, whose owner- 33 ship, control and operation are relied upon for certification, with a 34 personal net worth that does not exceed three million five hundred thou- 35 sand dollars, or such other amount as the director shall set forth in 36 regulations, as adjusted annually on the first of January for inflation 37 according to the consumer price index of the previous year; and 38 16. "Statewide advocate" shall mean the person appointed by the 39 [commissioner] director to serve in the capacity of the minority and 40 women-owned business enterprise statewide advocate and procurement 41 ombudsman. 42 19. "Personal net worth" shall mean the aggregate adjusted net value 43 of the assets of an individual remaining after total liabilities are 44 deducted. Personal net worth includes the individual's share of assets 45 held jointly with said individual's spouse and does not include the 46 individual's ownership interest in the certified minority and women- 47 owned business enterprise, the individual's [equity in his or her prima-48ry residence] ownership interest in any holding company that leases real 49 property, machinery, equipment, or vehicles exclusively to the certified 50 minority or women-owned business enterprise, the value of up to two 51 hundred percent of the median value of owner-occupied housing units in 52 the municipality in which the individual resides, or up to five hundred 53 thousand dollars of the present cash value of any qualified retirement 54 savings plan or individual retirement account held by the individual 55 less any penalties for early withdrawal.S. 1508 125 A. 2008 1 21. "The [2010] disparity study" shall refer to the most recent 2 disparity study commissioned by the [empire state development corpo-3ration] department of economic development, pursuant to section three 4 hundred twelve-a of this article[, and published on April twenty-nine,5two thousand ten]. 6 22. "Diversity practices" shall mean the contractor's practices and 7 policies with respect to: 8 (a) [utilizing] mentoring certified minority and women-owned business 9 enterprises in contracts awarded by a state agency or other public 10 corporation, as subcontractors and suppliers; [and] 11 (b) entering into partnerships, joint ventures or other similar 12 arrangements with certified minority and women-owned business enter- 13 prises as defined in this article or other applicable statute or regu- 14 lation governing an entity's utilization of minority or women-owned 15 business enterprises; and 16 (c) the representation of minority group members and women as members 17 of the board of directors or executive officers of the contractor. 18 24. "State-funded entity" shall mean any unit of local government, 19 including, but not limited to a county, city, town, village or school 20 district that is paid pursuant to an appropriation in a state fiscal 21 year. 22 § 2. The opening paragraph of subdivision 4 of section 311 of the 23 executive law, as amended by chapter 361 of the laws of 2009, is amended 24 to read as follows: 25 The director [may] shall provide assistance to, and facilitate access 26 to programs serving [certified businesses as well as applicants] minori- 27 ty and women-owned business enterprises to ensure that such businesses 28 benefit, as needed, from technical, managerial and financial, and gener- 29 al business assistance; training; marketing; organization and personnel 30 skill development; project management assistance; technology assistance; 31 bond and insurance education assistance; and other business development 32 assistance. The director shall maintain a toll-free number at the 33 department of economic development to be used to answer questions 34 concerning the MWBE certification process. In addition, the director 35 may, either independently or in conjunction with other state agencies: 36 § 3. Section 311-a of the executive law, as added by section 4 of part 37 BB of chapter 59 of the laws of 2006, is amended to read as follows: 38 § 311-a. Minority and women-owned business enterprise statewide advo- 39 cate. 1. There is hereby established within the [department of economic40development] division of minority and women's business an office of the 41 minority and women-owned business enterprise statewide advocate. The 42 statewide advocate shall be appointed by the commissioner [with the43advice of the small business advisory board as established in section44one hundred thirty-three of the economic development law and shall serve45in the unclassified service of the director. The statewide advocate46shall be located in the Albany empire state development office] in 47 consultation with the director. 48 2. The advocate shall act as a liaison for minority and women-owned 49 business enterprises (MWBEs) to assist them in obtaining technical, 50 managerial, financial and other business assistance for certified busi- 51 nesses and applicants. The advocate shall receive and investigate 52 complaints brought by or on behalf of MWBEs concerning certification 53 delays and instances of violations of [law] the requirements of this 54 article by contractors and by state agencies. [The statewide advocate55shall assist certified businesses and applicants in the certification56process.] Other functions of the statewide advocate shall be directed byS. 1508 126 A. 2008 1 the commissioner. The advocate shall have the resources necessary to 2 perform its functions, and, as such, may request and the director may 3 appoint staff and employees of the division of minority and women busi- 4 ness development to support the administration of the office of the 5 statewide advocate. 6 3. The statewide advocate [shall establish a toll-free number at the7department of economic development to be used to answer questions8concerning the MWBE certification process] shall conduct periodic audits 9 of state agencies' compliance with the requirements of section three 10 hundred fifteen of this article, such audits shall include a review of 11 the books and records of state agencies concerning, among other things, 12 annual agency expenditures, annual participation of minority and women- 13 owned business enterprises as prime contractors and subcontractors in 14 state agencies' state contracts, and documentation of state agencies' 15 good faith efforts to maximize minority and women-owned business enter- 16 prise participation in such agencies' contracting. 17 4. The statewide advocate shall investigate complaints by minority- 18 owned business enterprises or women-owned business enterprises, certi- 19 fied as such by the division of minority and women's business develop- 20 ment, to the minority and women-owned business enterprise statewide 21 advocate concerning a procuring governmental entity's failure to comply 22 with the requirements of section three hundred fifteen of this article. 23 5. The statewide advocate shall report to the director and commission- 24 er by November fifteenth on an annual basis on all activities related to 25 fulfilling the obligations of the office of the statewide advocate. [The26commissioner shall include the unedited text of the statewide advocate's27report within the reports submitted by the department of economic devel-28opment to the governor and the legislature.] 29 § 4. Section 312-a of the executive law, as amended by section 1 of 30 part Q of chapter 58 of the laws of 2015, is amended to read as follows: 31 § 312-a. Study of minority and women-owned business [enterprise32programs] enterprises. 1. The director of the division of minority and 33 women-owned business development [in the department of economic develop-34ment] is authorized and directed to recommission a statewide disparity 35 study regarding the participation of minority and women-owned business 36 enterprises in state contracts since the amendment of this article to be 37 delivered to the governor and legislature [no later than August38fifteenth, two thousand sixteen]. The study shall be prepared by an 39 entity independent of the department and selected through a request for 40 proposal process. The purpose of such study is: 41 (a) to determine whether there is a disparity between the number of 42 qualified minority and women-owned businesses ready, willing and able to 43 perform state contracts for commodities, services and construction, and 44 the number of such contractors actually engaged to perform such 45 contracts, and to determine what changes, if any, should be made to 46 state policies affecting minority and women-owned business enterprises; 47 and (b) to determine whether there is a disparity between the number of 48 qualified minorities and women ready, willing and able, with respect to 49 labor markets, qualifications and other relevant factors, to participate 50 in contractor employment, management level bodies, including boards of 51 directors, and as senior executive officers within contracting entities 52 and the number of such group members actually employed or affiliated 53 with state contractors in the aforementioned capacities, and to deter- 54 mine what changes, if any, should be made to state policies affecting 55 minority and women group populations with regard to state contractors' 56 employment and appointment practices relative to diverse group members.S. 1508 127 A. 2008 1 Such study shall include, but not be limited to, an analysis of the 2 history of minority and women-owned business enterprise programs and 3 their effectiveness as a means of securing and ensuring participation by 4 minorities and women, and a disparity analysis by market area and region 5 of the state. Such study shall distinguish between minority males, 6 minority females and non-minority females in the statistical analysis. 7 2. The director of the division of minority and women-owned business 8 development is directed to transmit the disparity study to the governor 9 and the legislature [not later than August fifteenth, two thousand10sixteen], and to post the study on the website of the department of 11 economic development. 12 § 5. Section 313 of the executive law, as amended by chapter 175 of 13 the laws of 2010, is amended to read as follows: 14 § 313. Opportunities for minority and women-owned business enter- 15 prises. 1. Goals and requirements for agencies and contractors. Each 16 agency shall structure procurement procedures for contracts made direct- 17 ly or indirectly to minority and women-owned business enterprises, in 18 accordance with the findings of the [two thousand ten] most recent 19 disparity study, consistent with the purposes of this article, to 20 attempt to achieve [the following results with regard to] total annual 21 statewide procurement[:22(a) construction industry for certified minority-owned business enter-23prises: fourteen and thirty-four hundredths percent;24(b) construction industry for certified women-owned business enter-25prises: eight and forty-one hundredths percent;26(c) construction related professional services industry for certified27minority-owned business enterprises: thirteen and twenty-one hundredths28percent;29(d) construction related professional services industry for certified30women-owned business enterprises: eleven and thirty-two hundredths31percent;32(e) non-construction related services industry for certified minori-33ty-owned business enterprises: nineteen and sixty hundredths percent;34(f) non-construction related services industry for certified women-35owned business enterprises: seventeen and forty-four hundredths percent;36(g) commodities industry for certified minority-owned business enter-37prises: sixteen and eleven hundredths percent;38(h) commodities industry for certified women-owned business enter-39prises: ten and ninety-three hundredths percent;40(i) overall agency total dollar value of procurement for certified41minority-owned business enterprises: sixteen and fifty-three hundredths42percent;43(j) overall agency total dollar value of procurement for certified44women-owned business enterprises: twelve and thirty-nine hundredths45percent; and46(k) overall agency total dollar value of procurement for certified47minority, women-owned business enterprises: twenty-eight and ninety-two48hundredths percent] goals as specified by the director. 49 1-a. The director shall ensure that each state agency has been 50 provided with [a] an electric copy of the [two thousand ten] most recent 51 disparity study. 52 1-b. Each agency shall develop and adopt agency-specific goals based 53 on the findings of the [two thousand ten] most recent disparity study. 54 2. The director shall promulgate rules and regulations [pursuant to] 55 based on the [goals established in subdivision one of this section] 56 findings of the most recent disparity study that provide measures andS. 1508 128 A. 2008 1 procedures to ensure that certified minority and women-owned businesses 2 shall be given the opportunity for maximum feasible participation in the 3 performance of state contracts and to assist in the agency's identifica- 4 tion of those state contracts for which minority and women-owned certi- 5 fied businesses may best bid to actively and affirmatively promote and 6 assist their participation in the performance of state contracts [so as7to facilitate the agency's achievement of the maximum feasible portion8of the goals for state contracts to such businesses]. 9 2-a. The director shall promulgate rules and regulations that will 10 accomplish the following: 11 (a) provide for the certification and decertification of minority and 12 women-owned business enterprises for all agencies through a single proc- 13 ess that meets applicable requirements; 14 (b) require that each contract solicitation document accompanying each 15 solicitation set forth the expected degree of minority and women-owned 16 business enterprise participation based, in part, on: 17 (i) the potential subcontract opportunities available in the prime 18 procurement contract; [and] 19 (ii) the availability[, as contained within the study,] of certified 20 minority and women-owned business enterprises to respond competitively 21 to the potential subcontract opportunities as reflected in the divi- 22 sion's directory of certified minority and women-owned business enter- 23 prises; and 24 (iii) the findings of the disparity study; 25 (c) require that each agency provide a current list of certified 26 minority business enterprises to each prospective contractor or direct 27 them to the division's directory of certified minority and women-owned 28 business enterprises for such purpose; 29 (d) allow a contractor that is a certified minority-owned or women- 30 owned business enterprise to use the work it performs to meet require- 31 ments for use of certified minority-owned or women-owned business enter- 32 prises as subcontractors; 33 (e) establish criteria for agencies to credit the participation of 34 minority and women-owned business enterprises towards the achievement of 35 the minority and women-owned business enterprise participation goals on 36 a state contract based on the commercially useful function provided by 37 each minority and women-owned business enterprise on the contract; 38 (f) provide for joint ventures, which a bidder may count toward meet- 39 ing its minority and women-owned business enterprise participation; 40 [(f)] (g) consistent with subdivision six of this section, provide for 41 circumstances under which an agency or state-funded entity may waive 42 obligations of the contractor relating to minority and women-owned busi- 43 ness enterprise participation; 44 [(g)] (h) require that an agency or state-funded entity verify that 45 minority and women-owned business enterprises listed in a successful bid 46 are actually participating to the extent listed in the project for which 47 the bid was submitted; 48 [(h)] (i) provide for the collection of statistical data by each agen- 49 cy or state-funded entity concerning actual minority and women-owned 50 business enterprise participation; [and51(i)] (j) require each agency to consult the most current disparity 52 study when calculating [agency-wide and contract specific] participation 53 goals pursuant to this article; and 54 (k) provide for the periodic collection of reports from state-funded 55 entities in such form and at such time as the director shall require.S. 1508 129 A. 2008 1 3. Solely for the purpose of providing the opportunity for meaningful 2 participation by certified businesses in the performance of state 3 contracts as provided in this section, state contracts shall include 4 leases of real property by a state agency to a lessee where: the terms 5 of such leases provide for the construction, demolition, replacement, 6 major repair or renovation of real property and improvements thereon by 7 such lessee; and the cost of such construction, demolition, replacement, 8 major repair or renovation of real property and improvements thereon 9 shall exceed the sum of one hundred thousand dollars. Reports to the 10 director pursuant to section three hundred fifteen of this article shall 11 include activities with respect to all such state contracts. Contracting 12 agencies shall include or require to be included with respect to state 13 contracts for the acquisition, construction, demolition, replacement, 14 major repair or renovation of real property and improvements thereon, 15 such provisions as may be necessary to effectuate the provisions of this 16 section in every bid specification and state contract, including, but 17 not limited to: (a) provisions requiring contractors to make a good 18 faith effort to solicit active participation by enterprises identified 19 in the directory of certified businesses [provided to the contracting20agency by the office]; (b) requiring the parties to agree as a condition 21 of entering into such contract, to be bound by the provisions of section 22 three hundred sixteen of this article; and (c) requiring the contractor 23 to include the provisions set forth in paragraphs (a) and (b) of this 24 subdivision in every subcontract in a manner that the provisions will be 25 binding upon each subcontractor as to work in connection with such 26 contract. Provided, however, that no such provisions shall be binding 27 upon contractors or subcontractors in the performance of work or the 28 provision of services that are unrelated, separate or distinct from the 29 state contract as expressed by its terms, and nothing in this section 30 shall authorize the director or any contracting agency to impose any 31 requirement on a contractor or subcontractor except with respect to a 32 state contract. 33 4. In the implementation of this section, the contracting agency shall 34 (a) consult the findings contained within the disparity study evidencing 35 relevant industry specific [availability of certified businesses] 36 disparities in the utilization of minority and women-owned businesses 37 relative to their availability; 38 (b) implement a program that will enable the agency to evaluate each 39 contract to determine the [appropriateness of the] appropriate goal 40 [pursuant to subdivision one of this section] for participation by 41 minority-owned business enterprises and women-owned business 42 enterprises; 43 (c) consider where practicable, the severability of construction 44 projects and other bundled contracts; and 45 (d) consider compliance with the requirements of any federal law 46 concerning opportunities for minority and women-owned business enter- 47 prises which effectuates the purpose of this section. The contracting 48 agency shall determine whether the imposition of the requirements of any 49 such law duplicate or conflict with the provisions hereof and if such 50 duplication or conflict exists, the contracting agency shall waive the 51 applicability of this section to the extent of such duplication or 52 conflict. 53 5. (a) Contracting agencies shall administer the rules and regulations 54 promulgated by the director in a good faith effort to [meet] achieve the 55 maximum feasible [portion of the agency's goals] participation by minor- 56 ity and women owned business enterprises adopted pursuant to this arti-S. 1508 130 A. 2008 1 cle and the regulations of the director. Such rules and regulations: 2 shall require a contractor to submit a utilization plan after bids are 3 opened, when bids are required, but prior to the award of a state 4 contract; shall require the contracting agency to review the utilization 5 plan submitted by the contractor and to post the utilization plan and 6 any waivers of compliance issued pursuant to subdivision six of this 7 section on the website of the contracting agency within a reasonable 8 period of time as established by the director; shall require the 9 contracting agency to notify the contractor in writing within a period 10 of time specified by the director as to any deficiencies contained in 11 the contractor's utilization plan; shall require remedy thereof within a 12 period of time specified by the director; shall require the contractor 13 to submit periodic compliance reports relating to the operation and 14 implementation of any utilization plan; shall not allow any automatic 15 waivers but shall allow a contractor to apply for a partial or total 16 waiver of the minority and women-owned business enterprise participation 17 requirements pursuant to subdivisions six and seven of this section; 18 shall allow a contractor to file a complaint with the director pursuant 19 to subdivision eight of this section in the event a contracting agency 20 has failed or refused to issue a waiver of the minority and women-owned 21 business enterprise participation requirements or has denied such 22 request for a waiver; and shall allow a contracting agency to file a 23 complaint with the director pursuant to subdivision nine of this section 24 in the event a contractor is failing or has failed to comply with the 25 minority and women-owned business enterprise participation requirements 26 set forth in the state contract where no waiver has been granted. 27 (b) The rules and regulations promulgated pursuant to this subdivision 28 regarding a utilization plan shall provide that where enterprises have 29 been identified within a utilization plan, a contractor shall attempt, 30 in good faith, to utilize such enterprise at least to the extent indi- 31 cated. A contracting agency may require a contractor to indicate, within 32 a utilization plan, what measures and procedures he or she intends to 33 take to comply with the provisions of this article, but may not require, 34 as a condition of award of, or compliance with, a contract that a 35 contractor utilize a particular enterprise in performance of the 36 contract. 37 (c) Without limiting other grounds for the disqualification of bids or 38 proposals on the basis of non-responsibility, a contracting agency may 39 disqualify the bid or proposal of a contractor as being non-responsible 40 for failure to remedy notified deficiencies contained in the contrac- 41 tor's utilization plan within a period of time specified in regulations 42 promulgated by the director after receiving notification of such defi- 43 ciencies from the contracting agency. Where failure to remedy any noti- 44 fied deficiency in the utilization plan is a ground for disqualifica- 45 tion, that issue and all other grounds for disqualification shall be 46 stated in writing by the contracting agency. Where the contracting agen- 47 cy states that a failure to remedy any notified deficiency in the utili- 48 zation plan is a ground for disqualification the contractor shall be 49 entitled to an administrative hearing, on a record, involving all 50 grounds stated by the contracting agency. Such hearing shall be 51 conducted by the appropriate authority of the contracting agency to 52 review the determination of disqualification. A final administrative 53 determination made following such hearing shall be reviewable in a 54 proceeding commenced under article seventy-eight of the civil practice 55 law and rules, provided that such proceeding is commenced within thirty 56 days of the notice given by certified mail return receipt requestedS. 1508 131 A. 2008 1 rendering such final administrative determination. Such proceeding shall 2 be commenced in the supreme court, appellate division, third department 3 and such proceeding shall be preferred over all other civil causes 4 except election causes, and shall be heard and determined in preference 5 to all other civil business pending therein, except election matters, 6 irrespective of position on the calendar. Appeals taken to the court of 7 appeals of the state of New York shall be subject to the same prefer- 8 ence. 9 6. Where it appears that a contractor cannot, after a good faith 10 effort, comply with the minority and women-owned business enterprise 11 participation requirements set forth in a particular state contract, a 12 contractor may file a written application with the contracting agency 13 requesting a partial or total waiver of such requirements setting forth 14 the reasons for such contractor's inability to meet any or all of the 15 participation requirements together with an explanation of the efforts 16 undertaken by the contractor to obtain the required minority and women- 17 owned business enterprise participation. In implementing the provisions 18 of this section, the contracting agency shall consider the number and 19 types of minority and women-owned business enterprises [located] avail- 20 able to provide goals or services required under the contract in the 21 region in which the state contract is to be performed, the total dollar 22 value of the state contract, the scope of work to be performed and the 23 project size and term. If, based on such considerations, the contracting 24 agency determines there is not a reasonable availability of contractors 25 on the list of certified business to furnish services for the project, 26 it shall issue a waiver of compliance to the contractor. In making such 27 determination, the contracting agency shall first consider the avail- 28 ability of other business enterprises located in the region and shall 29 thereafter consider the financial ability of minority and women-owned 30 businesses located outside the region in which the contract is to be 31 performed to perform the state contract. 32 7. For purposes of determining a contractor's good faith effort to 33 comply with the requirements of this section or to be entitled to a 34 waiver therefrom the contracting agency shall consider, among other 35 things: 36 (a) whether the contractor has advertised in general circulation 37 media, trade association publications, and minority-focus and women-fo- 38 cus media or other forms of advertisement and, in such event, (i) wheth- 39 er or not certified minority or women-owned businesses which have been 40 solicited by the contractor exhibited interest in submitting proposals 41 for a particular project by communication or other form of contract with 42 the contractor or attending a pre-bid conference, if any, scheduled by 43 the state agency awarding the state contract with certified minority and 44 women-owned business enterprises; and 45 (ii) whether certified businesses which have been solicited by the 46 contractor have responded in a timely fashion to the contractor's solic- 47 itations for timely competitive bid quotations prior to the contracting 48 agency's bid date; and 49 (b) whether [there has been] the contractor provided timely written 50 notification of subcontracting opportunities on the state contract to 51 appropriate certified businesses that appear in the directory of certi- 52 fied businesses prepared pursuant to paragraph (f) of subdivision three 53 of section three hundred eleven of this article; and 54 (c) whether the contractor can reasonably structure the amount of work 55 to be performed under subcontracts in order to increase the likelihood 56 of participation by certified businesses.S. 1508 132 A. 2008 1 8. In the event that a contracting agency fails or refuses to issue a 2 waiver to a contractor as requested within twenty days after having made 3 application therefor pursuant to subdivision six of this section or if 4 the contracting agency denies such application, in whole or in part, the 5 contractor may file a complaint with the director pursuant to section 6 three hundred sixteen of this article setting forth the facts and 7 circumstances giving rise to the contractor's complaint together with a 8 demand for relief. The contractor shall serve a copy of such complaint 9 upon the contracting agency by personal service or by certified mail, 10 return receipt requested. The contracting agency shall be afforded an 11 opportunity to respond to such complaint in writing. 12 9. If, after the review of a contractor's minority and [women owned] 13 women-owned business utilization plan or review of a periodic compliance 14 report and after such contractor has been afforded an opportunity to 15 respond to a notice of deficiency issued by the contracting agency in 16 connection therewith, it appears that a contractor is failing or refus- 17 ing to comply with the minority and women-owned business participation 18 requirements as set forth in the state contract and where no waiver from 19 such requirements has been granted, the contracting agency may file a 20 written complaint with the director pursuant to section three hundred 21 sixteen of this article setting forth the facts and circumstances giving 22 rise to the contracting agency's complaint together with a demand for 23 relief. The contracting agency shall serve a copy of such complaint 24 upon the contractor by personal service or by certified mail, return 25 receipt requested. The contractor shall be afforded an opportunity to 26 respond to such complaint in writing. 27 § 6. Section 314 of the executive law, as added by chapter 216 of the 28 laws of 1988, subdivision 2-a as amended by chapter 175 of the laws of 29 2010, subdivision 2-b as added by chapter 409 of the laws of 2018, 30 subdivision 4 as amended and subdivision 5 as added by chapter 399 of 31 the laws of 2014, is amended to read as follows: 32 § 314. Statewide certification program. 1. The director shall promul- 33 gate rules and regulations providing for the establishment of a state- 34 wide certification program including rules and regulations governing the 35 approval, denial or revocation of any such certification including revo- 36 cations for felony convictions for fraudulently misrepresenting the 37 status of minority or women-owned business enterprises. Such rules shall 38 set forth the maximum personal net worth of a minority group member or 39 woman who may be relied upon to certify a business as a minority-owned 40 business enterprise or women-owned business enterprise, and may estab- 41 lish different maximum levels of personal net worth for minority group 42 members and women on an industry-by-industry basis for such industries 43 as the director shall determine. Such rules and regulations shall 44 include, but not be limited to, such matters as may be required to 45 ensure that the established procedures thereunder shall at least be in 46 compliance with the code of fair procedure set forth in section seven- 47 ty-three of the civil rights law and consistent with the provisions of 48 article twenty-three of the correction law. 49 2. For the purposes of this article, the office shall be responsible 50 for verifying businesses as being owned, operated, and controlled by 51 minority group members or women and for certifying such verified busi- 52 nesses. The director shall prepare a directory of certified businesses 53 for use by contracting agencies and contractors in carrying out the 54 provisions of this article. The director shall periodically update the 55 directory.S. 1508 133 A. 2008 1 2-a. (a) The director shall establish a procedure enabling the office 2 to accept New York municipal corporation certification verification for 3 minority and women-owned business enterprise applicants in lieu of 4 requiring the applicant to complete the state certification process. The 5 director shall promulgate rules and regulations to set forth criteria 6 for the acceptance of municipal corporation certification. All eligible 7 municipal corporation certifications shall require business enterprises 8 seeking certification to meet the following standards: 9 (i) have at least fifty-one percent ownership by a minority or a 10 women-owned enterprise and be owned by United States citizens or perma- 11 nent resident aliens; 12 (ii) be an enterprise in which the minority and/or women-ownership 13 interest is real, substantial and continuing; 14 (iii) be an enterprise in which the minority and/or women-ownership 15 has and exercises the authority to control independently the day-to-day 16 business decisions of the enterprise; 17 (iv) be an enterprise authorized to do business in this state; 18 (v) be subject to a physical site inspection to verify the fifty-one 19 percent ownership requirement; 20 (vi) be owned by an individual or individuals, whose ownership, 21 control and operation are relied upon for certification, with a personal 22 net worth that does not exceed three million five hundred thousand 23 dollars or such other amount as the director shall set forth in regu- 24 lations, as adjusted annually for inflation according to the consumer 25 price index; and 26 (vii) be an enterprise that is a small business pursuant to subdivi- 27 sion twenty of section three hundred ten of this article. 28 (b) The director shall work with all municipal corporations that have 29 a municipal minority and women-owned business enterprise program to 30 develop standards to accept state certification to meet the municipal 31 corporation minority and women-owned business enterprise certification 32 standards. 33 (c) The director shall establish a procedure enabling the division to 34 accept federal certification verification for minority and women-owned 35 business enterprise applicants, provided said standards comport with 36 those required by the state minority and women-owned business program, 37 in lieu of requiring the applicant to complete the state certification 38 process. The director shall promulgate rules and regulations to set 39 forth criteria for the acceptance of federal certification. 40 2-b. The director shall establish a procedure enabling an applicant 41 who was a military service member to prove his or her race or ethnicity, 42 date of birth, place of birth and verification of address for purposes 43 of certification of the applicant's business as a minority-owned busi- 44 ness by submission of the DD Form 214 issued to the applicant by the 45 United States department of defense upon such applicant's retirement, 46 separation, or discharge from active duty in the armed forces of the 47 United States, provided the DD Form 214 contains such information, in 48 lieu of requiring the applicant to otherwise prove his or her race or 49 ethnicity. The director shall promulgate rules and regulations to set 50 forth criteria for the acceptance of the DD Form 214 by the office. 51 2-c. (a) Each business applying for minority or women-owned business 52 enterprise certification pursuant to this section must agree to allow: 53 (i) the department of taxation and finance to share its tax information 54 with the division; and (ii) the department of labor to share its tax and 55 employer information with the division.S. 1508 134 A. 2008 1 (b) Such information provided pursuant to paragraph (a) of this subdi- 2 vision shall be kept confidential by the division in the same manner and 3 under the same condition as such information is kept by the department 4 of taxation and finance or the department of labor. 5 3. Following application for certification pursuant to this section, 6 the director shall provide the applicant with written notice of the 7 status of the application, including notice of any outstanding deficien- 8 cies[, within thirty days]. Within [sixty] thirty days of submission of 9 a final completed application, the director shall provide the applicant 10 with written notice of a determination by the office approving or deny- 11 ing such certification and, in the event of a denial a statement setting 12 forth the reasons for such denial. Upon a determination denying or 13 revoking certification, the business enterprise for which certification 14 has been so denied or revoked shall, upon written request made within 15 thirty days from receipt of notice of such determination, be entitled to 16 a hearing before an independent hearing officer designated for such 17 purpose by the director. In the event that a request for a hearing is 18 not made within such thirty day period, such determination shall be 19 deemed to be final. The independent hearing officer shall conduct a 20 hearing and upon the conclusion of such hearing, issue a written recom- 21 mendation to the director to affirm, reverse or modify such determi- 22 nation of the director. Such written recommendation shall be issued to 23 the parties. The director, within thirty days, by order, must accept, 24 reject or modify such recommendation of the hearing officer and set 25 forth in writing the reasons therefor. The director shall serve a copy 26 of such order and reasons therefor upon the business enterprise by 27 personal service or by certified mail return receipt requested. The 28 order of the director shall be subject to review pursuant to article 29 seventy-eight of the civil practice law and rules. 30 4. The director may, after performing an availability analysis and 31 upon a finding that industry-specific factors coupled with personal net 32 worth or small business eligibility requirements pursuant to subdivi- 33 sions nineteen and twenty of section three hundred ten of this article, 34 respectively, have led to the significant exclusion of businesses owned 35 by minority group members or women in that industry, grant provisional 36 MWBE certification status to applicants from that designated industry, 37 provided, however, that all other eligibility requirements pursuant to 38 subdivision seven or fifteen of section three hundred ten of this arti- 39 cle, as applicable, are satisfied. Any industry-based determination made 40 under this section by the director shall be made widely available to the 41 public and posted on the division's website. 42 5. With the exception of provisional MWBE certification, as provided 43 for in subdivision twenty-three of section three hundred ten of this 44 article, all minority and women-owned business enterprise certifications 45 shall be valid for a period of three years. 46 § 7. Section 315 of the executive law, as added by chapter 261 of the 47 laws of 1988, subdivision 3 as amended and subdivisions 4, 5, 6, and 7 48 as added by chapter 175 of the laws of 2010, is amended to read as 49 follows: 50 § 315. Responsibilities of contracting agencies. 1. Each contracting 51 agency shall be responsible for monitoring state contracts under its 52 jurisdiction, and recommending matters to the office respecting non-com- 53 pliance with the provisions of this article so that the office may take 54 such action as is appropriate to insure compliance with the provisions 55 of this article, the rules and regulations of the director issued here- 56 under and the contractual provisions required pursuant to this article.S. 1508 135 A. 2008 1 All contracting agencies shall comply with the rules and regulations of 2 the office and are directed to cooperate with the office and to furnish 3 to the office such information and assistance as may be required in the 4 performance of its functions under this article. 5 2. [Each contracting agency shall provide to prospective bidders a6current copy of the directory of certified businesses, and a copy of the7regulations required pursuant to sections three hundred twelve and three8hundred thirteen of this article at the time bids or proposals are9solicited.103.] Each contracting agency shall report to the director with respect 11 to activities undertaken to promote employment of minority group members 12 and women and promote and increase participation by certified businesses 13 with respect to state contracts and subcontracts. Such reports shall be 14 submitted periodically, but not less frequently than annually, as 15 required by the director, and shall include such information as is 16 necessary for the director to determine whether the contracting agency 17 and any contractor to the contracting agency have complied with the 18 purposes of this article, including, without limitation, a summary of 19 all waivers of the requirements of subdivisions six and seven of section 20 three hundred thirteen of this article allowed by the contracting agency 21 during the period covered by the report, [including a description of the22basis of the waiver request and the rationale for granting any such23waiver] any instances in which the contracting agency has deemed a 24 contractor to have committed a violation pursuant to section three 25 hundred sixteen of this article and such other information as the direc- 26 tor shall require. Each agency shall also include in such annual report 27 whether or not it has been required to prepare a remedial plan, and, if 28 so, the plan and the extent to which the agency has complied with each 29 element of the plan. 30 [4.] 3. The division of minority and women's business development 31 shall issue an annual report which: (a) summarizes the report submitted 32 by each contracting agency pursuant to subdivision [three] two of this 33 section; (b) contains such comparative or other information as the 34 director deems appropriate, including but not limited to goals compared 35 to actual participation of minority and women-owned business enterprises 36 in state contracting, to evaluate the effectiveness of the activities 37 undertaken by each such contracting agency to promote increased partic- 38 ipation by certified minority or women-owned businesses with respect to 39 state contracts and subcontracts; (c) contains a summary of all waivers 40 of the requirements of subdivisions six and seven of section three 41 hundred thirteen of this article allowed by each contracting agency 42 during the period covered by the report, [including a description of the43basis of the waiver request and the contracting agency's rationale for44granting any such waiver] and; (d) [describes any efforts to create a45database or other information storage and retrieval system containing46information relevant to contracting with minority and women-owned busi-47ness enterprises; and (e)] contains a summary of (i) all determinations 48 of violations of this article by a contractor or a contracting agency 49 made during the period covered by the annual report pursuant to section 50 three hundred sixteen-a of this article and (ii) the penalties or sanc- 51 tions, if any, assessed in connection with such determinations and the 52 rationale for such penalties or sanctions. Copies of the annual report 53 shall be provided to the commissioner, the governor, the comptroller, 54 the temporary president of the senate, the speaker of the assembly, the 55 minority leader of the senate, the minority leader of the assembly and 56 shall also be made widely available to the public via, among otherS. 1508 136 A. 2008 1 things, publication on a website maintained by the division of minority 2 and women's business development. 3 [5.] 4. Each agency shall include in its annual report to the governor 4 and legislature pursuant to section one hundred sixty-four of [the exec-5utive law] this chapter its annual goals for contracts with minority- 6 owned and women-owned business enterprises, the number of actual 7 contracts issued to minority-owned and women-owned business enterprises; 8 and a summary of all waivers of the requirements of subdivisions six and 9 seven of section three hundred thirteen of this article allowed by the 10 reporting agency during the preceding year, including a description of 11 the basis of the waiver request and the rationale for granting such 12 waiver. Each agency shall also include in such annual report whether or 13 not it has been required to prepare a remedial plan, and, if so, the 14 plan and the extent to which the agency has complied with each element 15 of the plan. 16 [6.] 5. Each contracting agency that substantially fails to [meet the17goals supported by the disparity study,] make good faith effort as 18 defined by regulation of the director, to achieve the maximum feasible 19 participation of minority and women-owned business enterprises in such 20 agency's contracting shall be required to submit to the director a reme- 21 dial action plan to remedy such failure. 22 [7.] 6. If it is determined by the director that any agency has failed 23 to act in good faith to implement the remedial action plan, pursuant to 24 subdivision [six] five of this section within one year, the director 25 shall provide written notice of such a finding, which shall be publicly 26 available, and direct implementation of remedial actions to: 27 (a) assure that sufficient and effective solicitation efforts to women 28 and minority-owned business enterprises are being made by said agency; 29 (b) divide contract requirements, when economically feasible, into 30 quantities that will expand the participation of women and minority- 31 owned business enterprises; 32 (c) eliminate extended experience or capitalization requirements, when 33 programmatically and economically feasible, that will expand partic- 34 ipation by women and minority-owned business enterprises; 35 (d) identify specific proposed contracts as particularly attractive or 36 appropriate for participation by women and minority-owned business 37 enterprises with such identification to result from and be coupled with 38 the efforts of paragraphs (a), (b), and (c) of this subdivision; and 39 (e) upon a finding by the director that an agency has failed to take 40 affirmative measures to implement the remedial plan and to follow any of 41 the remedial actions set forth by the director, and in the absence of 42 any objective progress towards the agency's goals, require some or all 43 of the agency's procurement, for a specified period of time, be placed 44 under the direction and control of another agency or agencies. 45 § 8. Section 316-a of the executive law, as added by chapter 175 of 46 the laws of 2010, is amended to read as follows: 47 § 316-a. Prohibitions in contracts; violations. Every contracting 48 agency shall include a provision in its state contracts expressly 49 providing that any contractor who willfully and intentionally fails to 50 make a good faith effort to comply with the minority and women-owned 51 participation requirements of this article as set forth in such state 52 contract shall be liable to the contracting agency for liquidated or 53 other appropriate damages and shall provide for other appropriate reme- 54 dies on account of such breach. A contracting agency that elects to 55 proceed against a contractor for breach of contract as provided in this 56 section shall be precluded from seeking enforcement pursuant to sectionS. 1508 137 A. 2008 1 three hundred sixteen of this article; provided however, that the 2 contracting agency shall include a summary of all enforcement actions 3 undertaken pursuant to this section in its annual report submitted 4 pursuant to [subdivision three of] section three hundred fifteen of this 5 article. 6 § 9. Subdivision 6 of section 163 of the state finance law, as amended 7 by chapter 569 of the laws of 2015 is amended to read as follows: 8 6. Discretionary buying thresholds. Pursuant to guidelines established 9 by the state procurement council: the commissioner may purchase services 10 and commodities in an amount not exceeding eighty-five thousand dollars 11 without a formal competitive process; state agencies may purchase 12 services and commodities in an amount not exceeding fifty thousand 13 dollars without a formal competitive process; and state agencies may 14 purchase commodities or services from small business concerns or those 15 certified pursuant to articles fifteen-A and seventeen-B of the execu- 16 tive law, or commodities or technology that are recycled or remanufac- 17 tured, or commodities that are food, including milk and milk products, 18 grown, produced or harvested in New York state in an amount not exceed- 19 ing [two] four hundred thousand dollars without a formal competitive 20 process. 21 § 10. Subparagraph (i) of paragraph (b) of subdivision 3 of section 22 2879 of the public authorities law, as amended by chapter 174 of the 23 laws of 2010, is amended to read as follows: 24 (i) for the selection of such contractors on a competitive basis, and 25 provisions relating to the circumstances under which the board may by 26 resolution waive competition, including, notwithstanding any other 27 provision of law requiring competition, the purchase of goods or 28 services from small business concerns [or] those certified as minority 29 or women-owned business enterprises, or goods or technology that are 30 recycled or remanufactured, in an amount not to exceed [two] four 31 hundred thousand dollars without a formal competitive process; 32 § 11. Paragraph (a) of subdivision 3 of section 139-j of the state 33 finance law is amended by adding two new subparagraphs 10 and 11 are 34 added to read as follows: 35 (10) Complaints by minority-owned business enterprises or women-owned 36 business enterprises, certified as such by the division of minority and 37 women's business development, to the minority and women-owned business 38 enterprise statewide advocate concerning the procuring governmental 39 entity's failure to comply with the requirements of section three 40 hundred fifteen of the executive law; 41 (11) Communications between the minority and women-owned business 42 enterprise statewide advocate and the procuring governmental entity in 43 furtherance of an investigation of the minority and women-owned business 44 enterprise statewide advocate pursuant to section three hundred twelve-a 45 of the executive law. 46 § 12. Subdivision 6 of section 8 of the public buildings law, as 47 amended by chapter 840 of the laws of 1980, is amended to read as 48 follows: 49 6. All contracts for amounts in excess of five thousand dollars for 50 the work of construction, reconstruction, alteration, repair or improve- 51 ment of any state building, whether constructed or to be constructed 52 must be offered for public bidding and may be awarded to the lowest 53 responsible and reliable bidder, as will best promote the public inter- 54 est, by the said department or other agency with the approval of the 55 comptroller for the whole or any part of the work to be performed, and, 56 in the discretion of the said department or other agency, such contractsS. 1508 138 A. 2008 1 may be sublet; provided, however, that no such contract shall be awarded 2 to a bidder other than the lowest responsible and reliable bidder, 3 except for certain contracts awarded to minority or women-owned business 4 enterprises as provided herein, without the written approval of the 5 comptroller. When a proposal consists of unit prices of items specified 6 to be performed, except for certain contracts awarded to minority or 7 women-owned business enterprises as provided herein, the lowest bid 8 shall be deemed to be that which specifically states the lowest gross 9 sum for which the entire work will be performed, including all the items 10 specified in the proposal thereof. The lowest bid shall be determined by 11 the commissioner of general services on the basis of the gross sum for 12 which the entire work will be performed, arrived at by a correct compu- 13 tation of all the items specified in the proposal therefor at the unit 14 prices contained in the bid. Provided, however, that where a responsi- 15 ble and reliable bidder certified as a minority-owned business enter- 16 prise or women-owned business enterprise pursuant to article fifteen-A 17 of the executive law submits a bid of one million four hundred thousand 18 dollars or less, as adjusted annually for inflation beginning January 19 first, two thousand twenty, the bid of the minority or women-owned busi- 20 ness enterprise shall be deemed the lowest bid unless it exceeds the bid 21 of any other bidder by more than ten percent. 22 § 13. The penal law is amended by adding a new article 181 to read as 23 follows: 24 ARTICLE 181 25 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD 26 Section 181.00 Definitions. 27 181.10 Minority or women-owned business enterprise fraud in the 28 third degree. 29 181.20 Minority or women-owned business enterprise fraud in the 30 second degree. 31 181.30 Minority or women-owned business enterprise fraud in the 32 first degree. 33 § 181.00 Definitions. 34 1. "Minority-owned business enterprise" means a business enterprise 35 certified as such pursuant to article fifteen-A of the executive law. 36 2. "State contract" shall have the same meaning as in article 37 fifteen-A of the executive law. 38 3. "Women-owned business enterprise" means a business enterprise 39 certified as such pursuant to article fifteen-A of the executive law. 40 § 181.10 Minority or women-owned business enterprise fraud in the third 41 degree. 42 A person is guilty of minority or women-owned business enterprise 43 fraud in the third degree when he or she knowingly provides materially 44 false information or omits material information concerning the use or 45 identification of a minority or women-owned business enterprise for the 46 purpose of being awarded, or demonstrating compliance with the minority 47 and women-owned business participation requirements of a state contract. 48 Minority or women-owned business enterprise fraud in the third degree 49 is a class A misdemeanor. 50 § 181.20 Minority or women-owned business enterprise fraud in the second 51 degree. 52 A person is guilty of minority or women-owned business enterprise 53 fraud in the second degree when he or she knowingly provides materially 54 false information or omits material information concerning the use orS. 1508 139 A. 2008 1 identification of a minority or women-owned business enterprise for the 2 purpose of being awarded, or demonstrating compliance with the minority 3 and women-owned business participation requirements of, a state 4 contract, and the state contract is valued in excess of fifty thousand 5 dollars. 6 Minority or women-owned business enterprise fraud in the second degree 7 is a class E felony. 8 § 181.30 Minority or women-owned business enterprise fraud in the first 9 degree. 10 A person is guilty of minority or women-owned business enterprise 11 fraud in the first degree when he or she knowingly provides materially 12 false information or omits material information concerning the use or 13 identification of a minority or women-owned business enterprise for the 14 purpose of being awarded, or demonstrating compliance with the minority 15 and women-owned business enterprise participation requirements of a 16 state contract, and the state contract is valued in excess of one 17 million dollars. 18 Minority or women-owned business enterprise fraud in the first degree 19 is a class D felony. 20 § 14. The opening paragraph of subdivision (h) of section 121 of chap- 21 ter 261 of the laws of 1988, amending the state finance law and other 22 laws relating to the New York state infrastructure trust fund, as 23 amended by section 1 of part OOO of chapter 59 of the laws of 2018, is 24 amended to read as follows: 25 The provisions of sections sixty-two through sixty-six of this act 26 shall expire and be deemed repealed on December thirty-first, two thou- 27 sand [nineteen] twenty-four, except that: 28 § 15. The executive law is amended by adding a new article 28 to read 29 as follows: 30 ARTICLE 28 31 WORKFORCE DIVERSITY PROGRAM 32 Section 821. Definitions. 33 822. Workforce participation goals. 34 823. Reporting. 35 824. Enforcement. 36 825. Powers and responsibilities of the division. 37 826. Severability. 38 § 821. Definitions. As used in this article, the following terms shall 39 have the following meanings: 40 1. "Contractor" shall mean an individual, a business enterprise, 41 including a sole proprietorship, a partnership, a corporation, a not- 42 for-profit corporation, or any other party to a state contract, or a 43 bidder in conjunction with the award of a state contract or a proposed 44 party to a state contract. 45 2. "Department" shall mean the department of labor. 46 3. "Director" shall mean the director of the division of minority and 47 women's business development. 48 4. "Disparity study" shall mean the most recent study of disparities 49 between the utilization of minority group members and women in the 50 performance of state contracts and the availability of minority group 51 members and women to perform such work by the director pursuant to arti- 52 cle fifteen-A of this chapter. 53 5. "Division" shall mean the department of economic development's 54 division of minority and women's business development.S. 1508 140 A. 2008 1 6. "List of non-compliant contractors" shall mean a list of contrac- 2 tors and subcontractors, maintained by the division and published on the 3 website of the division, that are ineligible to participate as contrac- 4 tors or subcontractors in the performance of state contracts for a term 5 determined by the director. 6 7. "Minority group member" shall mean a United States citizen or 7 permanent resident alien who is and can demonstrate membership in one of 8 the following groups: 9 (a) Black persons having origins in any of the Black African racial 10 groups; 11 (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, 12 Cuban, Central or South American of either Indian or Hispanic origin, 13 regardless of race; 14 (c) Native American or Alaskan native persons having origins in any of 15 the original peoples of North America; 16 (d) Asian and Pacific Islander persons having origins in any of the 17 Far East countries, South East Asia, the Indian subcontinent or the 18 Pacific Islands. 19 8. "Non-compliant contractor" shall mean a contractor or subcontractor 20 that has failed to make a good faith effort to meet the workforce 21 participation goal established by a state agency on a state contract, 22 and has been listed by the division on its list of non-compliant 23 contractors. 24 9. "State agency" shall mean (a)(i) any state department, or (ii) any 25 division, board, commission or bureau of any state department, or (iii) 26 the state university of New York and the city university of New York, 27 including all their constituent units except community colleges and the 28 independent institutions operating statutory or contract colleges on 29 behalf of the state, or (iv) a board, a majority of whose members are 30 appointed by the governor or who serve by virtue of being state officers 31 or employees as defined in subparagraph (i), (ii) or (iii) of paragraph 32 (i) of subdivision one of section seventy-three of the public officers 33 law. 34 (b) a "state authority," as defined in subdivision one of section two 35 of the public authorities law, and the following: 36 Albany County Airport Authority; 37 Albany Port District Commission; 38 Alfred, Almond, Hornellsville Sewer Authority; 39 Battery Park City Authority; 40 Cayuga County Water and Sewer Authority; 41 (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center 42 Corporation; 43 Industrial Exhibit Authority; 44 Livingston County Water and Sewer Authority; 45 Long Island Power Authority; 46 Long Island Rail Road; 47 Long Island Market Authority; 48 Manhattan and Bronx Surface Transit Operating Authority; 49 Metro-North Commuter Railroad; 50 Metropolitan Suburban Bus Authority; 51 Metropolitan Transportation Authority; 52 Natural Heritage Trust; 53 New York City Transit Authority; 54 New York Convention Center Operating Corporation; 55 New York State Bridge Authority; 56 New York State Olympic Regional Development Authority;S. 1508 141 A. 2008 1 New York State Thruway Authority; 2 Niagara Falls Public Water Authority; 3 Niagara Falls Water Board; 4 Port of Oswego Authority; 5 Power Authority of the State of New York; 6 Roosevelt Island Operating Corporation; 7 Schenectady Metroplex Development Authority; 8 State Insurance Fund; 9 Staten Island Rapid Transit Operating Authority; 10 State University Construction Fund; 11 Syracuse Regional Airport Authority; 12 Triborough Bridge and Tunnel Authority; 13 Upper Mohawk Valley Regional Water Board; 14 Upper Mohawk Valley Regional Water Finance Authority; 15 Upper Mohawk Valley Memorial Auditorium Authority; 16 Urban Development Corporation and its subsidiary corporations. 17 (c) the following only to the extent of state contracts entered into 18 for its own account or for the benefit of a state agency as defined in 19 paragraph (a) or (b) of this subdivision: 20 Dormitory Authority of the State of New York; 21 Facilities Development Corporation; 22 New York State Energy Research and Development Authority; 23 New York State Science and Technology Foundation. 24 10. "State contract" shall mean: (a) a written agreement or purchase 25 order instrument, providing for a total expenditure in excess of fifty 26 thousand dollars, whereby a state agency is committed to expend or does 27 expend or grant funds in return for labor, services including but not 28 limited to legal, financial and other professional services, supplies, 29 equipment, materials or any combination of the foregoing, to be 30 performed on behalf of, for, or rendered or furnished to the state agen- 31 cy; (b) a written agreement in excess of one hundred thousand dollars 32 whereby a state agency is committed to expend or does expend or grant 33 funds for the acquisition, construction, demolition, replacement, major 34 repair or renovation of real property and improvements thereon; and (c) 35 a written agreement in excess of one hundred thousand dollars whereby 36 the owner of a state assisted housing project is committed to expend or 37 does expend funds for the acquisition, construction, demolition, 38 replacement, major repair or renovation of real property and improve- 39 ments thereon for such project. 40 11. "Subcontractor" shall mean any individual or business enterprise 41 that provides goods or services to any individual or business for use in 42 the performance of a state contract, whether or not such goods or 43 services are provided to a party to a state contract. 44 § 822. Workforce participation goals. 1. The director, in consulta- 45 tion with the department, shall develop aspirational goals for the 46 utilization of minority group members and women in any trade, profes- 47 sion, occupation, or categories thereof. 48 (a) Aspirational goals for the utilization of minority group members 49 and women must set forth the expected participation of minority group 50 members and women in each trade, profession, and occupation, or catego- 51 ries thereof and shall be expressed as a percentage of the total hours 52 of work to be performed by each trade, profession, and occupation based 53 on the availability of minority group members and women within each 54 trade, profession, and occupation or categories thereof. 55 (i) The aspirational goals shall set forth separate levels of expected 56 participation by men and women for each minority group, and for Cauca-S. 1508 142 A. 2008 1 sian women, in each trade, profession, and occupation of categories 2 thereof. 3 (ii) Aspirational goals for the expected participation of minority 4 group members and women shall be established for each county of the 5 state. The director may establish aspirational goals for the expected 6 participation of minority group members and women for municipalities 7 where the director deems feasible and appropriate. 8 (iii) The director shall, in establishing the aspirational goals, 9 consider the findings of the most recent disparity study and any rele- 10 vant data published by the United States Census Bureau. 11 (b) The director shall update the aspirational goals on a periodic 12 basis, no less than biannually. 13 2. State agencies shall, for each invitation for bids, request for 14 proposals, or other solicitation that will result in the award of a 15 state contract, set forth the expected degree of workforce participation 16 by minority group members and women. 17 (a) Each workforce participation goal established by a state agency 18 shall set forth the expected level of participation by minority group 19 members and women in the performance of each trade, profession, and 20 occupation required in the performance of the contract. 21 (b) Goals for the participation of minority group members and women 22 shall set forth separate goals for each of the following groups in each 23 trade, profession, and occupation or categories thereof: 24 (i) Black men; 25 (ii) Black women; 26 (iii) Hispanic men; 27 (iv) Hispanic women; 28 (v) Native American men; 29 (vi) Native American women; 30 (vii) Asian men; 31 (viii) Asian women; 32 (ix) Caucasian women. 33 (c) In establishing workforce participation goals, state agencies 34 shall consider factors including, but not limited to: 35 (i) the findings of the disparity study; 36 (ii) any relevant data published by the United States Census Bureau; 37 and 38 (iii) if applicable, any aspirational goal established by the divi- 39 sion. 40 (d) In any case where a state agency establishes a workforce partic- 41 ipation goal on an invitation for bids, request for proposals, or other 42 solicitation that will result in the award of a state contract that 43 deviates from the aspirational goal for work or service in the county or 44 municipality in which the work or service will be performed, the state 45 agency shall document numerical evidence demonstrating that the applica- 46 tion of the aspirational goal would not be practical, feasible, or 47 appropriate. 48 3. Every contractor responding to an invitation for bids, request for 49 proposals, or other solicitation that will result in the award of a 50 state contract subject to workforce participation goals pursuant to this 51 section shall agree to make a good faith effort to achieve such work- 52 force participation goal or request a waiver of such goal. 53 (a) A contractor that certifies that it will make a good faith effort 54 to achieve a workforce participation goal shall provide with its 55 response to the applicable invitation for bids, request for proposals, 56 or other solicitation:S. 1508 143 A. 2008 1 (i) A certification stating that the contractor will make a good faith 2 effort to achieve the applicable workforce participation goal and will 3 contractually require any subcontractors to the contractor to make a 4 good faith effort to achieve the applicable workforce participation goal 5 in any subcontracted work, which certification shall acknowledge that 6 failure by the contractor or any of its subcontractors to make a good 7 faith effort to achieve the applicable workforce participation goal may 8 result in a determination by the contracting state agency that the 9 contractor or its subcontractor is a non-compliant contractor; 10 (ii) The level of anticipated participation by minority group members 11 and women as employees to the contractor, or, if the state agency has 12 specifically indicated that such documentation is not required as part 13 of the response to the invitation for bids, request for proposals, or 14 other solicitation, a date certain for the submission of such documenta- 15 tion after the award of the state contract; 16 (iii) A list of all subcontractors anticipated to perform work on the 17 state contract and the level of anticipated participation by minority 18 group members and women as employees to each subcontractor, or, if the 19 state agency has specifically indicated that such documentation is not 20 required as part of the response to the invitation for bids, request for 21 proposals, or other solicitation, a date certain for the submission of 22 such documentation after the award of the state contract; and 23 (iv) Such other information as the contracting state agency shall 24 require. 25 (b) A contractor that requests a waiver of a workforce participation 26 goal shall provide with its response to the applicable invitation for 27 bids, request for proposals, or other solicitation: 28 (i) Numerical evidence setting forth why the achievement of the work- 29 force participation goal is not practical, feasible, or appropriate in 30 light of the trades, professions, and occupations required to perform 31 the work of the state contract; 32 (ii) Documentation of the contractor's efforts, and any efforts by 33 subcontractors to the contractor, to promote the inclusion of minority 34 group members and women in trades, professions, and occupations required 35 in the performance of the state contract; 36 (iii) The maximum feasible level of participation by minority group 37 members and women in each of the trades, professions, and occupations 38 required in the performance of the work of the state contract; 39 (iv) The level of anticipated participation by minority group members 40 and women as employees to the contractor; 41 (v) A list of all subcontractors anticipated to perform work on the 42 state contract and the level of anticipated participation by minority 43 group members and women as employees to each subcontractor; and 44 (vi) Any other relevant information evidencing that the contractor's 45 achievement of the workforce participation goal would not be practical, 46 feasible, or appropriate. 47 4. A state agency shall not award a state contract to a contractor 48 unless the contractor has (i) certified that it will make a good faith 49 effort to achieve the applicable workforce participation goal and 50 provided documentation of the workforce anticipated to perform the work 51 of the state contract or (ii) submitted a waiver request which the state 52 agency deems to reflect the maximum feasible participation of minority 53 group members and women in each of the trades, professions, and occupa- 54 tions required in performance of the work of the state contract. 55 (a) In the event that a contractor submits a certification or waiver 56 request that is accepted by the state agency, the state agency shallS. 1508 144 A. 2008 1 establish in the state contract the expected level of participation by 2 minority group members and women in each of the trades, professions, and 3 occupations required in performance of the work of the state contract, 4 require that the contractor make good faith efforts to achieve such 5 workforce participation goals, require that the contractor require any 6 subcontractors to make a good faith effort to achieve the applicable 7 workforce participation goal in any subcontracted work, and indicate 8 that the failure of the contractor or any of its subcontractors to make 9 a good faith effort to achieve the workforce participation goal may 10 result in the contractor or subcontractor being deemed a non-compliant 11 contractor. 12 (b) In the event that a contractor fails to submit a certification, 13 waiver request, or any other information required by the state agency, 14 or the state agency determines that a contractor's waiver request does 15 not demonstrate that the applicable workforce participation goal is 16 impractical, unfeasible, or inappropriate, the state agency shall notify 17 the contractor of the deficiency in writing and provide the contractor 18 five business days to remedy the noticed deficiency. A state agency 19 shall reject any bid or proposal of a contractor that fails to timely 20 respond to a notice of deficiency or to provide documentation remedying 21 the deficiency to the satisfaction of the state agency. 22 (i) Where failure to remedy any notified deficiency in the workforce 23 utilization plan is a ground for disqualification, that issue and all 24 other grounds for disqualification shall be stated in writing by the 25 contracting state agency. The contractor shall be entitled to an admin- 26 istrative hearing, on the record, involving all grounds stated by the 27 contracting state agency in its notice of the contractor's disqualifica- 28 tion. Such hearing shall be conducted by the appropriate authority of 29 the contracting agency to review the determination of disqualification. 30 A final administrative determination made following such hearing shall 31 be reviewable in a proceeding commenced under article seventy-eight of 32 the civil practice law and rules, provided that such proceeding is 33 commenced within thirty days of the notice given by certified mail 34 return receipt requested rendering such final administrative determi- 35 nation. Such proceeding shall be commenced in the supreme court, appel- 36 late division, third department and such proceeding shall be preferred 37 over all other civil causes except election causes, and shall be heard 38 and determined in preference to all other civil business pending there- 39 in, except election matters, irrespective of position on the calendar. 40 Appeals taken to the court of appeals of the state of New York shall be 41 subject to the same preference. 42 § 823. Reporting. 1. State contracts shall require contractors to 43 submit, and to require any subcontractors to submit, to the contracting 44 state agency reports documenting the hours worked by employees of the 45 contractor and any subcontractors in the performance of the work of the 46 state contract. Such reports shall be submitted no less frequently than 47 monthly for state contracts for construction and quarterly for all other 48 state contracts. Such reports shall identify the race, ethnicity, 49 gender, and trade, profession, or occupation of each employee performing 50 work on a state contract. 51 2. State agencies shall submit periodic reports to the director, or 52 the designee of the director, concerning the participation of minority 53 group members and women in state contracts let by such agencies and such 54 state agencies' compliance with this article. Such reports shall be 55 submitted at such time, and include such information, as the director 56 shall require in regulations. State agencies shall make available theirS. 1508 145 A. 2008 1 facilities, books, and records for inspection, upon reasonable notice, 2 by the director or the director's designee. 3 3. The department shall provide such assistance as the director shall 4 require in carrying out the requirements of this section. 5 § 824. Enforcement. 1. Where it appears that a contractor cannot, 6 after a good faith effort, meet the workforce participation goals set 7 forth in a particular state contract, a contractor may file a written 8 application with the contracting state agency requesting a partial or 9 total waiver of such requirements. Such request shall set forth the 10 reasons for such contractor's inability to meet the workforce partic- 11 ipation goal, specifically describe the reasons for any deviations from 12 the anticipated workforce participation goal set forth in the contrac- 13 tor's bid or proposal leading to the award of the state contract, and 14 describe the efforts by the contractor and any subcontractors to achieve 15 the maximum feasible participation of minority group members and women 16 in the performance of the work of the state contract. Where the contrac- 17 tor's inability to achieve the workforce participation goal on a state 18 contract is attributable to the failure of one or more subcontractors to 19 make good faith efforts to achieve the maximum feasible participation of 20 minority group members and women in the performance of the work of the 21 state contract, the contractor shall identify such subcontractor or 22 subcontractors to the contracting state agency. 23 2. A state agency shall grant a request for a waiver of workforce 24 participation goals on a state contract where: 25 (a) The contractor demonstrates that the contractor and its subcon- 26 tractors made good faith efforts to achieve the workforce participation 27 goal on the state contract, and that insufficient minority group members 28 or women were available in the trades, professions, and occupations 29 required to perform the work of the state contract; or 30 (b) The contractor contractually required each of its subcontractors 31 to make a good faith effort to achieve the maximum feasible partic- 32 ipation of minority group members and women in the performance of the 33 subcontracted work, periodically monitored such subcontractors' deploy- 34 ment of minority group members and women in the performance of the 35 subcontracted work, provided notice to such subcontractors of any defi- 36 ciencies in their deployment of minority group members and women in the 37 performance of such subcontracted work, and could not achieve the work- 38 force participation goal for one or more trades, professions, or occupa- 39 tions without the good faith efforts of such subcontractors. 40 3. Where a state agency denies a contractor's request for a waiver of 41 workforce participation goals pursuant to this section, the state agency 42 shall recommend to the director and the department that the contractor 43 be deemed a non-compliant contractor. 44 4. Where a state agency grants a request for a waiver of workforce 45 participation goals pursuant to this section based on one or more 46 subcontractors' failure to make good faith efforts to achieve the maxi- 47 mum feasible participation of minority group members and women in the 48 performance of the subcontracted work, the state agency shall recommend 49 to the director and the department that the subcontractor be deemed a 50 non-compliant contractor. 51 5. Upon receipt of a recommendation from a state agency that a 52 contractor or subcontractor should be deemed a non-compliant contractor, 53 the director shall, with the assistance of the department, review the 54 facts and circumstances forming the basis of the recommendation and 55 issue a determination as to whether or not the contractor or subcontrac- 56 tor should be deemed a non-compliant contractor and, if so, the durationS. 1508 146 A. 2008 1 of such status as a non-compliant contractor. In determining the dura- 2 tion of a contractor's or subcontractor's status as a non-compliant 3 contractor, the director shall consider: 4 (i) whether the contractor or subcontractor has previously been deemed 5 a non-compliant contractor; 6 (ii) the number of hours of expected participation by minority group 7 members and women lost as a result of the contractor's or subcontrac- 8 tor's failure to make good faith efforts to include minority group 9 members or women in the performance of one or more state contracts; and 10 (iii) whether the contractor or subcontractor has offered to provide 11 employment opportunities, training, or other remedial benefits to minor- 12 ity group members or women in relevant trades, professions, or occupa- 13 tions. 14 6. A contractor or subcontractor deemed a non-compliant contractor by 15 the director may request an administrative hearing before an independent 16 hearing officer to appeal the determination of the director. The deci- 17 sion of the hearing officer shall be final and may only be vacated or 18 modified as provided in article seventy-eight of the civil practice law 19 and rules upon an application made within the time provided by such 20 article. 21 7. Upon a final determination that a contractor or subcontractor is a 22 non-compliant contractor, the director shall list the contractor or 23 subcontractor as such on its website and indicate the term of such 24 contractor's or subcontractor's status as a non-compliant contractor. A 25 non-compliant contractor shall be ineligible to participate as a 26 contractor or subcontractor on any state contract. 27 § 825. Powers and responsibilities of the division. 1. The director 28 shall post to the website of the division on or before October first of 29 each year the aspirational goals for the utilization of minority group 30 members and women in certain trades, professions and/or occupations as 31 required pursuant to section eight hundred twenty-two of this article. 32 2. The director shall promulgate rules and regulations for the imple- 33 mentation of this article, including, but not limited to, procedures for 34 the submission of certifications and workforce utilization plans by 35 contractors, criteria for granting waivers of workforce participation 36 goals, and the contents of reports by state agencies concerning their 37 implementation of the requirements of this article. 38 3. The division shall, from time to time, review the facilities, 39 books, and records of state agencies to ascertain the accuracy of their 40 reports and their compliance with the requirements of this article. The 41 department shall provide such assistance as the director shall require 42 in carrying out the requirements of this section. 43 § 826. Severability. If any clause, sentence, paragraph, section or 44 part of this article shall be adjudged by any court of competent juris- 45 diction to be invalid, the judgment shall not affect, impair or invali- 46 date the remainder thereof, but shall be confined in its operation to 47 the clause, sentence, paragraph, section or part of this article direct- 48 ly involved in the controversy in which the judgment shall have been 49 rendered. 50 § 16. This act shall take effect immediately, and shall be deemed to 51 have been in full force and effect on and after April 1, 2019; provided, 52 however, that: 53 (a) the amendments to article 15-A of the executive law, made by 54 sections one, two, three, four, five, six, seven and eight of this act, 55 shall not affect the expiration of such article and shall expire and be 56 deemed expired therewith;S. 1508 147 A. 2008 1 (b) the amendments to section 163 of the state finance law, made by 2 section nine of this act, shall not affect the expiration and repeal of 3 such section, and shall expire and be deemed repealed therewith; 4 (c) the amendments to section 139-j of the state finance law, made by 5 section eleven of this act, shall not affect the expiration and repeal 6 of such section, and shall expire and be deemed repealed therewith; 7 (d) subdivision 2-b of section 314 of the executive law shall take 8 effect on the same date and in the same manner as section 1 of chapter 9 409 of the laws of 2018 takes effect; and 10 (e) section fifteen of this act shall expire and be deemed repealed 11 December 31, 2024. 12 PART BB 13 Section 1. The vehicle and traffic law is amended by adding a new 14 article 44-C to read as follows: 15 ARTICLE 44-C 16 CONGESTION TOLLING PROGRAM 17 Section 1701. Legislative findings and declaration. 18 1702. Short title. 19 1703. Definitions. 20 1704. Establishment of congestion tolling program. 21 1704-a. Congestion toll. 22 1705. Disposition of revenue and penalties. 23 1706. Reporting. 24 § 1701. Legislative findings and declaration. The ongoing failures of 25 the tracks, signals, switches and other transportation infrastructure 26 throughout the subway system in the city of New York continue to pose an 27 imminent threat and have a vast and deleterious impact on the health, 28 safety, and livelihood of commuters, tourists, resident New Yorkers, as 29 well as business and commerce in the metropolitan commuter transporta- 30 tion district, which is the recognized economic engine of the state of 31 New York, and thereby have adversely affected the economy of the state 32 of New York. Temporary actions have been taken to address the safety of 33 subway riders short term including an emergency declaration and 34 increased capital funding for the subways in the most recently adopted 35 state budget. The legislature, however, determines that a long-term and 36 sustainable solution is necessary in order to ensure stable and reliable 37 funding to repair and revitalize this significantly important mass tran- 38 sit asset. 39 The legislature further finds and declares that traffic congestion in 40 the city of New York ranks second worst among cities in the United 41 States and third worst among cities in the world, and results in signif- 42 icant cost to the New York metropolitan area economy and in turn the 43 state's economy at estimates exceeding one hundred million dollars over 44 the next five years. Travel speeds in the city of New York's central 45 business district have dropped more than seventeen percent in two thou- 46 sand sixteen to an average of 6.8 miles per hour and in Midtown Manhat- 47 tan, the most congested area of the city-the area from fifty-ninth 48 street to thirty-fifth street and from ninth avenue to the east river- 49 the average vehicular speed is 4.7 miles per hour. Congestion in these 50 areas is crippling and impacts the everyday lives of residents, commu- 51 ters, taxi and for-hire vehicle traffic, bus transit and emergency 52 services.S. 1508 148 A. 2008 1 These issues have been recognized by both the Fix NYC Advisory Panel 2 and the MTA Sustainability Advisory Workgroup as significant impediments 3 to everyday New Yorkers. 4 In order to ensure a safe and efficient mass transit system within the 5 city of New York and to protect the public health and safety of New 6 York's residents, a program to establish fees for vehicles entering or 7 remaining in the most congested area of the state is found to be neces- 8 sary and to be a matter of substantial state concern. 9 § 1702. Short title. This act shall be known as and may be cited as 10 "the congestion tolling program". 11 § 1703. Definitions. For the purposes of this article, unless the 12 context otherwise requires: 13 1. "City" means the city of New York. 14 2. "Congestion toll" means a toll charged for entry into or remaining 15 in the congestion tolling zone as described in section seventeen hundred 16 four of this article. 17 3. "Congestion tolling program" means the program for charging tolls 18 for vehicles that enter or remain in the congestion tolling zone and 19 includes the congestion tolling infrastructure, the congestion tolling 20 collection system and the congestion tolling customer service center. 21 4. "Congestion tolling zone" means the area described in section 22 seventeen hundred four of this article for which tolls shall be charged 23 for a vehicle's entry into such zone. 24 5. "Congestion tolling infrastructure" means the devices and struc- 25 tures including but not limited to gantries and power and communication 26 lines that the Triborough bridge and tunnel authority will plan, design 27 and construct as part of the congestion tolling program. 28 6. "Congestion tolling collection system" means the electronic system 29 of collecting tolls or other charges using electronic data and/or images 30 that the Triborough bridge and tunnel authority will plan, design, 31 install and operate as part of the congestion tolling program. 32 7. "Congestion tolling customer service center" means the customer 33 contact and back-office system and operation services for the collection 34 of congestion tolls and enforcement of congestion toll violations that 35 the Triborough bridge and tunnel authority will plan, design, implement 36 and operate as part of the congestion tolling program. 37 8. "Operation date" means the date determined by the metropolitan 38 transportation authority and the Triborough bridge and tunnel authority, 39 which shall not be earlier than December thirty-first, two thousand 40 twenty, for the beginning of the operation and enforcement of the 41 congestion tolling program. 42 9. "Triborough bridge and tunnel authority" means the corporation 43 organized pursuant to section five hundred fifty-two of the public 44 authorities law as consolidated pursuant to section five hundred fifty- 45 two-a of the public authorities law or any successor corporation or 46 corporation into which it may be consolidated. 47 § 1704. Establishment of congestion tolling program. 1. The metropol- 48 itan transportation authority shall establish the congestion tolling 49 program. 50 2. The congestion tolling program will operate in the congestion toll- 51 ing zone. The congestion tolling zone shall include any roadways, bridg- 52 es, tunnels, approaches or ramps that are located within, or enter into, 53 the geographic area in the borough of Manhattan south of and inclusive 54 of sixtieth street to the extent practicable but shall not include the 55 FDR Drive.S. 1508 149 A. 2008 1 3. (a) The Triborough bridge and tunnel authority shall plan, design 2 and construct the congestion tolling infrastructure at points of vehicle 3 ingress to the congestion toll zone. The Triborough bridge and tunnel 4 authority may occupy the sidewalks, roadways, streets, highways, bridg- 5 es, tunnels, approaches or highways of the city of New York for the 6 purpose of doing any work over or under the same in connection with 7 installing, operating or maintaining the congestion tolling infrastruc- 8 ture without the consent of or payment to the city of New York. The city 9 of New York shall cooperate fully with the Triborough bridge and tunnel 10 authority in the planning, designing and constructing of the congestion 11 tolling infrastructure and shall not require that the Triborough bridge 12 and tunnel authority or any of its contractors to seek or obtain from 13 the city of New York any sidewalk or roadway construction activity 14 permit, license, or other approval in connection with installing, oper- 15 ating or maintaining the congestion tolling infrastructure. 16 (b) The Triborough bridge and tunnel authority shall plan, design, 17 install, implement and operate a congestion toll collection system to 18 collect the congestion toll. 19 (c) The Triborough bridge and tunnel authority shall plan, design, 20 implement and operate a congestion toll customer service center. 21 (d) The congestion tolling collection system shall be planned, 22 designed, implemented and operated to facilitate payment of congestion 23 tolls by various methods including but not limited to cash, credit or 24 debit card, check or automated clearing house payment, by telephone or 25 over the internet or any other method of payment that the Triborough 26 bridge or tunnel authority may implement. 27 (e) All procurements of goods, services or construction of any kind by 28 the Triborough bridge and tunnel authority for the congestion tolling 29 program shall be deemed to be subject only to the same requirements that 30 otherwise apply to procurements by the Triborough bridge and tunnel 31 authority. 32 4. The congestion tolling infrastructure, the congestion toll 33 collection system and the congestion tolling customer service center 34 shall be completed by the operation date. 35 5. Responsibility for maintenance of the congestion tolling infras- 36 tructure after the operation date shall be performed by the Triborough 37 bridge and tunnel authority. 38 6. The planning, designing, constructing, installing or maintaining of 39 the congestion tolling program and the planning, designing, installing, 40 operating or maintaining of the congestion toll collection system by the 41 Triborough bridge and tunnel authority including the establishment by 42 such authority of congestion tolls, and any other fees or rentals for 43 the use of its projects and any changes thereafter shall not be subject 44 to the provisions of article eight of the environmental conservation 45 law, the provisions of chapter six of article forty-three or chapter 46 five of title sixty-two of the rules of the city of New York, or the 47 provisions of section one hundred ninety-seven-c of the New York city 48 charter, relating to a uniform land use review procedure, nor the 49 provisions of any other local law of the city of New York of like or 50 similar effect including approvals or charges associated with the use of 51 property owned and maintained by the city of New York necessary for the 52 installation of congestion tolling infrastructure. 53 § 1704-a. Congestion toll. 1. The Triborough bridge and tunnel author- 54 ity shall have the power, subject to agreements with its bondholders, to 55 charge tolls and fees for vehicles entering or remaining in the 56 congestion tolling zone at any time and shall have the power, subject toS. 1508 150 A. 2008 1 agreements with bondholders, to make rules and regulations for the 2 collection of congestion tolls and the establishment of fees. For 3 purposes of establishing a congestion tolling program, the Triborough 4 bridge and tunnel authority shall, at minimum, ensure that annual reven- 5 ues and fees collected under such program, less costs of operation of 6 the same, provide for revenues into the congestion tolling fund, estab- 7 lished pursuant to section twelve hundred seventy-j of the public 8 authorities law, necessary to fund fifteen billion dollars for capital 9 projects. 10 2. No owner of a for-hire vehicle that is subject to a surcharge 11 imposed by article twenty-nine-C of the tax law for a for-hire transpor- 12 tation trip shall also be charged a congestion toll if it enters or 13 remains in the congestion toll zone as part of such trip. 14 3. No owner of an emergency vehicle as defined pursuant to section one 15 hundred one of this chapter shall be charged a congestion toll if it 16 enters or remains in the congestion tolling zone. 17 4. Any vehicle entering the congestion tolling zone using a vehicular 18 crossing known as the Queens Midtown Tunnel, the Hugh Carey Tunnel, the 19 Holland Tunnel, the Lincoln Tunnel, or the Henry Hudson Bridge shall be 20 credited an amount equal to the toll charged to such vehicle for the use 21 of such crossing immediately prior to entry into such zone from the 22 amount of the congestion toll charged to such vehicle for purposes of 23 entering the congestion tolling zone. 24 § 1705. Disposition of revenue and penalties. The Triborough bridge 25 and tunnel authority shall establish and collect congestion tolls and 26 fees and other charges as provided in subdivision twelve-a of section 27 five hundred fifty-three of the public authorities law. 28 § 1706. Reporting. Beginning one year after the operation date and 29 every two years thereafter, the Triborough bridge and tunnel authority 30 and the metropolitan transportation authority shall report on the effect 31 of the congestion tolling program on congestion in the congestion zone 32 and on mass transit use including the vehicle-miles traveled for each 33 trip within the congestion tolling zone for taxis and for-hire vehicles; 34 the volume and type of vehicles entering the congestion tolling zone; 35 and transit ridership and average bus speeds within the congestion toll- 36 ing zone, and on all receipts and expenditures relating to the 37 congestion tolling program. The department of transportation of the city 38 of New York shall be required to assist in gathering and providing to 39 the Triborough bridge and tunnel authority congestion data and other 40 related data as directed by the Triborough bridge and tunnel authority 41 for purposes of compiling such report. The report shall be readily 42 available to the public, and shall be posted on the authority's website 43 and be submitted to the governor, the director of the budget, the tempo- 44 rary president of the senate, the speaker of the assembly, the mayor and 45 council speaker of the city of New York, and the metropolitan transpor- 46 tation authority capital program review board. 47 § 2. Subdivision 1 of section 402 of the vehicle and traffic law is 48 amended by adding a new paragraph (c) to read as follows: 49 (c) It shall be unlawful for any person to operate, drive or park a 50 motor vehicle on a toll highway, bridge and/or tunnel facility or enter 51 a congestion tolling zone, under the jurisdiction of the tolling author- 52 ity, if such number plate is not easily readable, nor shall any number 53 plate be covered by glass or any plastic material, and shall not be 54 knowingly covered or coated with any artificial or synthetic material or 55 substance that conceals or obscures such number plates or that distorts 56 a recorded or photographic image of such number plates, and the view ofS. 1508 151 A. 2008 1 such number plates shall not be obstructed by any part of the vehicle or 2 by anything carried thereon, except for a receiver-transmitter issued by 3 a publicly owned tolling facility in connection with electronic toll 4 collection when such receiver-transmitter is affixed to the exterior of 5 a vehicle in accordance with mounting instructions provided by the toll- 6 ing facility. For purposes of this paragraph, "tolling authority" shall 7 mean every public authority which operates a toll highway, bridge and/or 8 tunnel facility or which charges and collects congestion tolls as well 9 as the port authority of New York and New Jersey, a bi-state agency 10 created by compact set forth in chapter one hundred fifty-four of the 11 laws of nineteen hundred twenty-one, as amended. 12 § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as 13 amended by chapter 61 of the laws of 1989 and as renumbered by chapter 14 648 of the laws of 2006, is amended to read as follows: 15 8. The violation of this section shall be punishable by a fine of not 16 less than twenty-five nor more than two hundred dollars except for 17 violations of paragraph (c) of subdivision one of this section which 18 shall be punishable by a fine of not less than one hundred nor more than 19 five hundred dollars. 20 § 4. Subdivision 4 of section 1630 of the vehicle and traffic law is 21 amended to read as follows: 22 4. Charging of tolls, taxes, fees, licenses or permits for the use of 23 the highway or any of its parts or entry into or remaining within the 24 congestion tolling zone established by article forty-four-C of this 25 chapter, where the imposition thereof is authorized by law. 26 § 5. Subdivision 9 of section 553 of the public authorities law is 27 amended by adding a new paragraph (s) to read as follows: 28 (s) The congestion tolling program to the extent specified in article 29 forty-four-C of the vehicle and traffic law and in this title, and as 30 directed by the metropolitan transportation authority. 31 § 6. Section 553 of the public authorities law is amended by adding a 32 new subdivision 12-a to read as follows: 33 12-a. To charge tolls and fees for vehicles entering or remaining 34 within the congestion tolling zone and to make rules and regulations for 35 the collection of such tolls and fees, subject to and in accordance with 36 such agreement with bondholders as may be made as hereinafter provided. 37 Subject to contracts with bondholders, all tolls, fees and other reven- 38 ues derived from the congestion tolling program shall be applied to the 39 payment of operating, administration, and other necessary expenses of 40 the authority properly allocable to such program and thereafter to the 41 payment of interest or principal of bonds for such program and if not so 42 used all remaining congestion tolling funds shall be transferred to the 43 metropolitan transportation authority and deposited into the fund estab- 44 lished by section twelve hundred seventy-j of this chapter and shall not 45 be subject to distribution under section five hundred sixty-nine-c or 46 section twelve hundred nineteen-a of this chapter. 47 § 7. The public authorities law is amended by adding a new section 48 1270-j to read as follows: 49 § 1270-j. Congestion tolling fund. 1. The authority shall establish a 50 fund to be known as the congestion tolling fund which shall be kept 51 separate from and shall not be commingled with any other moneys of the 52 authority. The fund shall consist of all moneys transferred to the 53 authority by the Triborough bridge and tunnel authority pursuant to 54 article forty-four-C of the vehicle and traffic law and subdivision 55 twelve-a of section five hundred fifty-three of this chapter.S. 1508 152 A. 2008 1 2. Moneys in the fund may be pledged by the authority to secure bonds, 2 notes or other obligations of the authority and related reserves, fees, 3 costs and expenses, for any metropolitan transportation authority capi- 4 tal projects included within the 2020 to 2024 MTA capital program or any 5 successor programs. Subject to the provisions of any such pledge, or in 6 the event there is no such pledge, any moneys in the congestion tolling 7 fund may be used by the authority for payment of capital costs, includ- 8 ing debt service and reserve requirements, if any, for any metropolitan 9 transportation authority capital projects included within the 2020 to 10 2024 MTA capital program or any successor programs. Such revenues shall 11 only supplement and shall not supplant any federal, state, or local 12 funds expended by the metropolitan transportation authority, such 13 authority's affiliates or subsidiaries for such respective purposes. 14 3. The authority shall report annually on all receipts and expendi- 15 tures of the fund. The report shall detail operating expenses of the 16 congestion tolling program and all fund expenditures including capital 17 projects. The report shall be readily available to the public, and shall 18 be posted on the authority's website and be submitted to the governor, 19 the temporary president of the senate, the speaker of the assembly, the 20 mayor and council of the city of New York, and the metropolitan trans- 21 portation authority capital program review board. 22 § 8. Subdivision 3 of section 165.15 of the penal law is amended to 23 read as follows: 24 3. With intent to obtain railroad, subway, bus, air, taxi or any other 25 public transportation service or use of any highway, parkway, road, 26 bridge or tunnel or enter a congestion tolling zone without payment of 27 the lawful charge or toll therefor, or to avoid payment of the lawful 28 charge or toll for such transportation service which has been rendered 29 to him or for such use of any highway, parkway, road, bridge or tunnel 30 or entry into a congestion tolling zone, he obtains or attempts to 31 obtain such service, use or entry or avoids or attempts to avoid payment 32 therefor by force, intimidation, stealth, deception or mechanical 33 tampering, or by unjustifiable failure or refusal to pay; or 34 § 9. Subdivision 2 of section 87 of the public officers law is amended 35 by adding a new paragraph (p) to read as follows: 36 (p) are data or images produced by an electronic toll collection 37 system under authority of article forty-four-C of the vehicle and traf- 38 fic law and in title three of article three of the public authorities 39 law. 40 § 10. Severability clause. If any clause, sentence, paragraph, subdi- 41 vision, section or part of this act shall be adjudged by a court of 42 competent jurisdiction to be invalid, such judgment shall not affect, 43 impair, or invalidate the remainder thereof, but shall be confined in 44 its operation to the clause, sentence, paragraph, subdivision, section 45 or part thereof directly involved in the controversy in which such judg- 46 ment shall have been rendered. It is hereby declared to be the intent of 47 the legislature that this act would have been enacted even if such 48 invalid provision had not been included herein. 49 § 11. This act shall take effect immediately. 50 PART CC 51 Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the 52 vehicle and traffic law, as amended by chapter 43 of the laws of 2014, 53 is amended to read as follows:S. 1508 153 A. 2008 1 1. Notwithstanding any other provision of law, the city of New York is 2 hereby authorized to establish a demonstration program imposing monetary 3 liability on the owner of a vehicle for failure of an operator thereof 4 to comply with posted maximum speed limits in a school speed zone within 5 [the] such city (i) when a school speed limit is in effect as provided 6 in paragraphs one and two of subdivision (c) of section eleven hundred 7 eighty of this article or (ii) when other speed limits are in effect as 8 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 9 eighty of this article during the following times: (A) on school days 10 during school hours and one hour before and one hour after the school 11 day, and (B) a period during student activities at the school and up to 12 thirty minutes immediately before and up to thirty minutes immediately 13 after such student activities. Such demonstration program shall empower 14 the city of New York to install photo speed violation monitoring systems 15 within no more than [one hundred forty] two hundred ninety school speed 16 zones within [the] such city at any one time and to operate such systems 17 within such zones (iii) when a school speed limit is in effect as 18 provided in paragraphs one and two of subdivision (c) of section eleven 19 hundred eighty of this article or (iv) when other speed limits are in 20 effect as provided in subdivision (b), (d), (f) or (g) of section eleven 21 hundred eighty of this article during the following times: (A) on school 22 days during school hours and one hour before and one hour after the 23 school day, and (B) a period during student activities at the school and 24 up to thirty minutes immediately before and up to thirty minutes imme- 25 diately after such student activities. In selecting a school speed zone 26 in which to install and operate a photo speed violation monitoring 27 system, the city of New York shall consider criteria including, but not 28 limited to the speed data, crash history, and the roadway geometry 29 applicable to such school speed zone. Such city shall prioritize the 30 placement of photo speed violation monitoring systems in school speed 31 zones based upon speed data or the crash history of a school speed zone. 32 A photo speed violation monitoring system shall not be installed or 33 operated on a controlled-access highway exit ramp or within three 34 hundred feet along a highway that continues from the end of a cont- 35 rolled-access highway exit ramp. 36 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle 37 and traffic law, as added by chapter 189 of the laws of 2013, is amended 38 to read as follows: 39 2. No photo speed violation monitoring system shall be used in a 40 school speed zone unless (i) on the day it is to be used it has success- 41 fully passed a self-test of its functions; and (ii) it has undergone an 42 annual calibration check performed pursuant to paragraph four of this 43 subdivision. The city [may] shall install signs giving notice that a 44 photo speed violation monitoring system is in use to be mounted on 45 advance warning signs notifying approaching motor vehicle operators of 46 such upcoming school speed zone and/or on speed limit signs applicable 47 within such school speed zone, in conformance with standards established 48 in the MUTCD. Such advance warning signs shall also, to the extent 49 authorized by the MUTCD, contain words "speed camera ahead" and be no 50 more than three hundred feet from such photo speed violation monitoring 51 system. 52 § 3. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle 53 and traffic law, as added by chapter 189 of the laws of 2013, is amended 54 to read as follows:S. 1508 154 A. 2008 1 4. "school speed zone" shall mean a radial distance not to exceed one 2 thousand three hundred twenty feet [on a highway passing] from a school 3 building, entrance, or exit [of a school abutting on the highway]. 4 § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law, 5 as added by chapter 189 of the laws of 2013, is amended to read as 6 follows: 7 (n) If the city adopts a demonstration program pursuant to subdivision 8 [one] (a) of this section it shall conduct [a] an annual study and 9 submit a report on the results of the use of photo devices to the gover- 10 nor, the temporary president of the senate and the speaker of the assem- 11 bly on or before June first, two thousand nineteen and on the same date 12 in each succeeding year in which the demonstratable program is operable. 13 Such report shall include: 14 1. the locations where and dates when photo speed violation monitoring 15 systems were used; 16 2. the aggregate number, type and severity of crashes, fatalities, 17 injuries and property damage reported within all school speed zones 18 within the city, to the extent the information is maintained by the 19 department of motor vehicles of this state; 20 3. the aggregate number, type and severity of crashes, fatalities, 21 injuries and property damage reported within school speed zones where 22 photo speed violation monitoring systems were used, to the extent the 23 information is maintained by the department of motor vehicles of this 24 state; 25 4. the number of violations recorded within all school speed zones 26 within the city, in the aggregate on a daily, weekly and monthly basis; 27 5. the number of violations recorded within each school speed zone 28 where a photo speed violation monitoring system is used, in the aggre- 29 gate on a daily, weekly and monthly basis; 30 6. the number of violations recorded within all school speed zones 31 within the city that were: 32 (i) more than ten but not more than twenty miles per hour over the 33 posted speed limit; 34 (ii) more than twenty but not more than thirty miles per hour over the 35 posted speed limit; 36 (iii) more than thirty but not more than forty miles per hour over the 37 posted speed limit; and 38 (iv) more than forty miles per hour over the posted speed limit; 39 7. the number of violations recorded within each school speed zone 40 where a photo speed violation monitoring system is used that were: 41 (i) more than ten but not more than twenty miles per hour over the 42 posted speed limit; 43 (ii) more than twenty but not more than thirty miles per hour over the 44 posted speed limit; 45 (iii) more than thirty but not more than forty miles per hour over the 46 posted speed limit; and 47 (iv) more than forty miles per hour over the posted speed limit; 48 8. the total number of notices of liability issued for violations 49 recorded by such systems; 50 9. the number of fines and total amount of fines paid after the first 51 notice of liability issued for violations recorded by such systems; 52 10. the number of violations adjudicated and the results of such adju- 53 dications including breakdowns of dispositions made for violations 54 recorded by such systems; 55 11. the total amount of revenue realized by the city in connection 56 with the program;S. 1508 155 A. 2008 1 12. the expenses incurred by the city in connection with the program; 2 [and] 3 13. the quality of the adjudication process and its results[.]; and 4 14. the effectiveness and adequacy of the hours of operation for such 5 program to determine the impact on speeding violations and prevention of 6 crashes. 7 § 5. The opening paragraph of section 12 of chapter 43 of the laws of 8 2014, amending the vehicle and traffic law, the public officers law and 9 the general municipal law relating to photo speed violation monitoring 10 systems in school speed zones in the city of New York, is amended to 11 read as follows: 12 This act shall take effect on the thirtieth day after it shall have 13 become a law [and]; provided that sections one through ten of this act 14 shall expire 4 years after such effective date when upon such date the 15 provisions of such sections of this act shall be deemed repealed; and 16 provided further that any rules necessary for the implementation of this 17 act on its effective date shall be promulgated on or before such effec- 18 tive date, provided that: 19 § 6. The opening paragraph of section 15 of chapter 189 of the laws of 20 2013, amending the vehicle and traffic law and the public officers law 21 relating to establishing in a city with a population of one million or 22 more a demonstration program implementing speed violation monitoring 23 systems in school speed zones by means of photo devices, is amended to 24 read as follows: 25 This act shall take effect on the thirtieth day after it shall have 26 become a law and shall expire [5 years after such effective date when27upon such date the provisions of this act shall] and be deemed repealed 28 July 1, 2022; and provided further that any rules necessary for the 29 implementation of this act on its effective date shall be promulgated on 30 or before such effective date, provided that: 31 § 7. Photo speed violation monitoring systems within the additional 32 150 school speed zones authorized for the city of New York by paragraph 33 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, 34 as amended by section one of this act, shall be authorized to be 35 installed over the 3 year period following the effective date of this 36 act as follows: 37 (a) in no more than 50 school speed zones during the first such year; 38 (b) in no more than 50 additional school speed zones during the second 39 such year; and 40 (c) in no more than 50 additional school speed zones during the third 41 such year. 42 § 8. Subdivision (m) of section 1180-b of the vehicle and traffic law, 43 as added by chapter 189 of the laws of 2013, is amended as follows: 44 (m) (i) Nothing in this section shall be construed to limit the 45 liability of an operator of a vehicle for any violation of subdivision 46 (c) or (d) of section eleven hundred eighty of this article. 47 (ii) Any penalties, monetary fines, or interest collected pursuant to 48 this section, attributable to zones in excess of one hundred forty, 49 shall be paid over by the fifteenth business day of each succeeding 50 month to the New York city transit authority to support capital initi- 51 atives for improvements to system safety. 52 § 9. Notwithstanding the provisions of article 5 of the general 53 construction law, the provisions of: 54 (a) paragraph (1) of subdivision (a) of section 1180-b of the vehicle 55 and traffic law, as amended by section one of this act, is herebyS. 1508 156 A. 2008 1 revived and shall be deemed to have been in full force and effect on and 2 after July 25, 2018; and 3 (b) section 1180-b of the vehicle and traffic law, as amended by 4 sections two, three, four and eight of this act, is hereby revived and 5 shall be deemed to have been in full force and effect on and after 6 August 30, 2018. 7 § 10. This act shall take effect immediately; provided that the amend- 8 ments to section 1180-b of the vehicle and traffic law made by sections 9 one, two, three, four and eight of this act shall not affect the repeal 10 of such section and shall be deemed repealed therewith; and provided 11 further that the amendments to paragraph 2 of subdivision (a) of section 12 1180-b of the vehicle and traffic law made by section two of this act 13 shall take effect on the ninetieth day after it shall have become a law. 14 PART DD 15 Section 1. Short title. This act shall be known and may be cited as 16 the "Gateway Development Commission Act". 17 § 2. Gateway Development Commission. 1. Legislative findings and 18 intent. The legislature finds and declares: that the states of New 19 Jersey and New York and their respective citizens share a common concern 20 to preserve the functionality and strengthen the resiliency of long-dis- 21 tance and commuter rail infrastructure between New Jersey and New York, 22 including passenger rail infrastructure owned, controlled or utilized by 23 the National Railroad Passenger Corporation, also known as "Amtrak"; 24 that the two states and their respective citizens share the benefits of 25 existing interstate passenger rail infrastructure between the two 26 states, including the existing North River tunnel; that interstate 27 passenger rail service and infrastructure is vital to the economies of 28 New Jersey and New York; that, because of the passage of time and damage 29 caused by natural disasters, both states recognize the existing inter- 30 state passenger rail infrastructure, including the existing North River 31 tunnel, is at risk of system failures that could result in prolonged 32 service disruptions that would severely damage the economies of the two 33 states and many other participants in the economy of the northeast 34 corridor; that both states recognize the urgent need to undertake 35 projects necessary to create passenger rail capacity under the Hudson 36 River, rehabilitate passenger rail infrastructure, maintain current 37 levels of long-distance and commuter rail service between the two states 38 and provide additional reliability, safety and security; that the citi- 39 zens of both states will share the benefits of expanded capacity and 40 rehabilitated passenger rail infrastructure between the two states; and 41 that there has been a long history of cooperation among state and local 42 governmental entities, Amtrak and various private organizations and 43 individuals in the two states to ensure the preservation of a variety of 44 passenger rail service options. The legislature therefore determines 45 that there is a need to endorse and formalize that bi-state cooperative 46 effort to help ensure that the functionality of long-distance and commu- 47 ter rail infrastructure between New Jersey and New York and thence 48 throughout the northeast corridor, is preserved and maintained for the 49 benefit of the economy of New Jersey and New York and for the well-being 50 of present and future generations of citizens in both states; and that 51 the creation of a bi-state commission that shall be a body corporate and 52 politic established by the states of New Jersey and New York, acting in 53 the public interest and exercising essential governmental functions, is 54 an appropriate means to accomplish these very important goals. It is theS. 1508 157 A. 2008 1 intention of the legislature that the commission so created constitute 2 an institution which has been established by the states to effectuate a 3 public purpose and is therefore eligible to apply for transportation 4 assistance from the United States government, including the agencies 5 thereof. 6 2. Definitions. Except where different meanings are expressly speci- 7 fied in subsequent provisions of this section, the following terms shall 8 have the following meanings: 9 (a) "Act" shall mean the Gateway Development Commission act. 10 (b) "Amtrak" shall mean National Railroad Passenger Corporation, a 11 corporation organized under 49 U.S.C. § 24101 et. Seq. and the laws of 12 the District of Columbia. 13 (c) "Board" means the board of commissioners of the commission. 14 (d) "Commission" shall mean the gateway development commission which 15 is established pursuant to this act. 16 (e) "Facilitate" shall mean the planning, designing, financing, acqui- 17 sition, development, redevelopment, expansion, construction, recon- 18 struction, replacement, lease, leaseback, licensing, asset management, 19 optimization, rehabilitation, repair, alteration, improvement, exten- 20 sion, management, ownership, use and effectuation of the matters 21 described in this act. "Facilitation" shall have a concomitant meaning. 22 (f) "Full Funding" shall mean the date on which the sum of commitments 23 to fund, from sources deemed by the commission to be creditworthy, plus 24 commission cash-on-hand, plus any institution of a tariff or an agree- 25 ment to impose user fees not subject to further approvals (if any), plus 26 such other sources of funding deemed certain to be available as and when 27 required, by the commission as at the date first so considered, is 28 sufficient to facilitate the project. 29 (g) "Meeting" means any gathering, whether corporeal or by means of 30 communication equipment, which is attended by, or open to, the board, 31 held with the intent, on the part of the commissioners present, to act 32 as a unit upon the specific public business of the commission. "Meeting" 33 does not mean a gathering (i) attended by less than a quorum of commis- 34 sioners; (ii) in which the board is engaged in ordinary course super- 35 vision of commission staff; (iii) in which consideration of commission 36 business matters are informally discussed without the intent or effect 37 of effectuating any action of the commission; or (iv) attended by or 38 open to all the members of three or more similar public bodies at a 39 convention or similar gathering. 40 (h) "Project" shall mean the facilitation of a passenger rail trans- 41 portation project between Penn Station, Newark, New Jersey and Penn 42 Station, New York, New York currently referred to as the "Gateway 43 Program". 44 (i) "Public business" means matters which relate in any way, directly 45 or indirectly, to the performance of the functions of the commission or 46 the conduct of its business. 47 3. Creation of the commission; purposes. There is hereby created the 48 Gateway Development Commission, a body corporate and politic established 49 by the states of New Jersey and New York, which shall be deemed to be 50 acting in the public interest and exercising essential government func- 51 tions in taking action hereunder and which shall be a public authority 52 and a government sponsored authority. The purposes of the commission 53 shall include the following: 54 (a) facilitate the project; 55 (b) coordinate activities of governmental entities, Amtrak and private 56 entities providing assistance to the project or otherwise regulating theS. 1508 158 A. 2008 1 project, with a view to achieving full funding, and encourage and enable 2 such parties to participate in the effectuation of the project; 3 (c) act as a coordinating agency to arrange for cooperation among the 4 federal government, the states of New Jersey and New York, any local 5 government thereof, any agency, instrumentality, department, commission 6 or authority of any one or more of the foregoing, any bi-state agency, 7 Amtrak, any individual or private firm, entity or corporation, or with 8 any one or more of them (including by contract among the parties), for 9 and in connection with the facilitation of the project for any of the 10 purposes of this act, and to enter into an agreement or agreements (and 11 from time to time to enter into agreements amending or supplementing the 12 same) with the federal government, the states of New Jersey and New 13 York, any local government thereof, any agency, instrumentality, depart- 14 ment, commission or authority of any one or more of the foregoing, any 15 bi-state agency, Amtrak, any individual or private firm, entity or 16 corporation, or with any one or more of them, for or relating to such 17 purposes, including but not limited to agreements with respect to finan- 18 cial assistance, loans, grants or any other funding as may be available 19 for the project. The commission is hereby intended to qualify for, 20 authorized, and empowered to apply for and accept, financial assistance, 21 loans, grants or any other funding for such purposes under federal, 22 state or local laws, and to make application directly to the appropriate 23 officials or agencies for the application for and receipt of federal, 24 state or local assistance, loans, grants or any other funding in aid of 25 any of the purposes of this act; 26 (d) pursue efforts with Amtrak and other third parties to: (i) 27 achieve greater coordination between intercity and commuter rail passen- 28 ger transportation; (ii) identify sources of funding to share the cost 29 of providing rail passenger transportation developed in connection with 30 the project, including the cost of operating facilities; and (iii) carry 31 out strategies to achieve safe and efficient intercity and commuter rail 32 passenger transportation; 33 (e) take any and all actions authorized by this act which are or may 34 be necessary or appropriate to constitute and maintain itself as an 35 applicant eligible to qualify to apply for and be awarded financial 36 assistance, loans, grants or other funding as may be available for the 37 project, including that awarded by federal, state and local governments 38 and the agencies thereof; and 39 (f) facilitate the project by making and enforcing such rules and 40 regulations and establishing, levying and collecting such tolls, fees, 41 rates, charges and rentals in connection with the project or any portion 42 thereof, as it may deem necessary or appropriate, which said tolls, 43 fees, rates, charges and rentals shall not be established at rates 44 intended to be greater than necessary to meet the expenses of the 45 financing, construction, asset management and optimization thereof, and 46 to provide for the payment of, with interest upon, and the amortization 47 and retirement of bonds or other securities or obligations issued or 48 incurred for project purposes, including establishment of prudent 49 reserves, and provided that such tolls, fees, rates, charges and rentals 50 do not conflict with applicable federal law and the laws of the states 51 of New Jersey and New York. 52 4. Board of commissioners. (a) The commission shall act through a 53 vote of its three commissioners: one of which will be directly appointed 54 by the commissioner of the New York state department of transportation; 55 one of which will be directly appointed by the board of directors of the 56 New Jersey transit corporation; and one of which will be directlyS. 1508 159 A. 2008 1 appointed by Amtrak. The commissioner appointed by Amtrak will serve to 2 represent Amtrak's interest, as owner-operator or user of the northeast 3 corridor, in the work to be undertaken by the commission. 4 (b) The commission's initial commissioners shall be the individuals 5 serving as trustees of the Gateway Program Development Corporation, a 6 New Jersey non-profit corporation, at the time of the effective date of 7 this act. The Gateway Program Development Corporation trustees 8 appointed by New Jersey and New York shall each serve an initial term as 9 commissioners of the commission expiring on December 31, 2019. The Gate- 10 way Program Development Corporation trustee appointed by Amtrak shall 11 serve an initial term as commissioner of the commission expiring on 12 December 31, 2021. Aside from the commission's initial commissioners, 13 all other commissioners shall serve for a term of three years. 14 (c) At the conclusion of a commissioner's term, including an initial 15 commissioner's term, the commissioner may be reappointed for a succes- 16 sive three year term at the pleasure of the party who originally 17 appointed that commissioner, or in the case of the initial commission- 18 ers, the party who originally appointed that individual as a trustee of 19 the Gateway Program Development Corporation. A commissioner shall auto- 20 matically continue to serve following the expiration of his term until a 21 successor is appointed in accordance with paragraph (a) of this subdivi- 22 sion and seated. 23 (d) In the event that a commissioner ceases to serve before the stated 24 expiration of his term, the party that originally appointed the commis- 25 sioner may appoint a replacement to serve out the remainder of the 26 replaced commissioner's term and thereafter, the vacancy shall be filled 27 as provided for in paragraph (a) of this subdivision. 28 (e) Commissioners shall serve without compensation, but the commission 29 may, within the limits of funds appropriated or otherwise made available 30 to it, reimburse commissioners for actual expenses necessarily incurred 31 in the discharge of their official duties. 32 (f) The commissioner from the state of New Jersey and the commissioner 33 from state of New York shall be indemnified by the state of New Jersey 34 and the state of New York, respectively, to the same extent as such 35 state indemnifies a public officer for any claim or judgment arising out 36 of such public officer's official duties. 37 5. Organization of the commission; meetings. (a) The commissioners 38 shall select a chairperson. The chairperson shall be elected from the 39 representatives of New Jersey and New York, and shall hold office for 40 one year. The initial chairperson shall be the commissioner who was 41 serving as chairperson of the board of trustees of the Gateway Program 42 Development Corporation whose term as chairperson shall continue until 43 the earlier to occur of (i) the date on which such commissioner's term 44 as the Gateway Program Development Corporation chairperson would have 45 expired; or (ii) the date on which that commissioner is otherwise termi- 46 nated as a commissioner. Thereafter, the commissioner appointed by the 47 state which did not appoint the initial chairperson shall succeed as 48 chairperson. The chairpersonship shall be alternated between the two 49 states. The commissioner appointed by Amtrak shall serve as vice-chair- 50 person. 51 (b) The commission shall meet regularly as it may determine. Meetings 52 of the commission shall be held at such times and places as the chair- 53 person of the commission deems appropriate, but to the maximum extent 54 practicable and feasible, meetings shall be held on an alternating basis 55 in New Jersey and New York.S. 1508 160 A. 2008 1 (c) The powers of the commission may be exercised by the commissioners 2 at a meeting duly called and held where a quorum of all three commis- 3 sioners are present; provided, however, that in the event a vacancy 4 remains for ninety days, the powers of the commission may be exercised 5 by the commissioners at a meeting duly called and held where all remain- 6 ing commissioners are present. Action may be taken and motions and 7 resolutions adopted by the commission at any meeting thereof by unani- 8 mous affirmative vote of the commissioners. The commissioners shall 9 adopt bylaws providing for attendance protocols, voting procedures and 10 other matters related to the conduct of the business of the commission. 11 (d) The commission may request the assistance and services of such 12 employees and agents as it may require and as may be made available to 13 it for the purpose of carrying out its duties under this act, which 14 agents may include private consultants and persons employed by or acting 15 as a consultant for the federal government, the states of New Jersey and 16 New York or any local government thereof, any agency, instrumentality, 17 department, commission or authority of any one or more of the foregoing, 18 any bi-state agency, or of Amtrak, and each such government and enumer- 19 ated party is authorized to provide any such assistance and services to 20 the commission. 21 (e) The commission may, within the limits of funds appropriated or 22 otherwise made available to it for those purposes, employ such profes- 23 sional, technical, clerical staff and consultants and incur such 24 expenses as it may deem necessary or appropriate in order to perform its 25 duties. 26 (f) The legislature finds and declares that the right of the public to 27 be present at meetings of the commission, and to witness the deliber- 28 ation, policy formulation, and decision making of the commission, is 29 vital to the enhancement and proper functioning of the democratic proc- 30 ess, and that secrecy in public affairs undermines the faith of the 31 public in government and the public's effectiveness in fulfilling its 32 role in a democratic society; and declares it to be the public policy of 33 this state to ensure the right of its citizens to have adequate advance 34 notice of and the right to attend all meetings of the commission at 35 which any public business is acted upon in any way, except only in those 36 circumstances where the public interest would be clearly endangered, the 37 relevant matters are made confidential by federal or state law, or the 38 personal privacy of individuals would be clearly in danger of unwar- 39 ranted invasion. 40 (g) The commission shall adopt and promulgate appropriate bylaws, 41 rules and regulations concerning the right of the public to be present 42 at meetings of the commission and to obtain records of the commission's 43 activities or public business. Any rules or regulations adopted here- 44 under shall become a part of the minutes of the commission and be posted 45 on its website. 46 6. Duties of the commission. The duties of the commission shall be to 47 use its efforts to accomplish, at such times as it is appropriate to do 48 so, the following actions, provided that the commission shall not be in 49 dereliction of its duties so long as it acts in good faith to accomplish 50 such: 51 (a) make appropriate application for, and act as a coordinating, 52 distributing, or recipient agency for, federal, state, or private fund- 53 ing and authorizations necessary or appropriate to facilitate the 54 project; 55 (b) cooperate with other agencies or authorities or departments 56 (federal, state, local, and bi-state), Amtrak and private parties toS. 1508 161 A. 2008 1 facilitate the project, including entering into agreements specifying a 2 party's rights and obligations with respect to the project, to create a 3 project capable of achieving long-term stability and full funding, with- 4 out obligating the full faith and credit of the federal government, 5 either state or any local government thereof or any other party, except 6 as explicitly authorized by any party empowered by law to do so; 7 (c) adopt bylaws to govern the conduct of its affairs, and adopt rules 8 and regulations, including a conflict of interest policy and code of 9 ethics for commissioners and officers of the commission, and make appro- 10 priate orders to carry out and discharge its powers, duties and func- 11 tions; 12 (d) expend such funds as are required to effectuate the purposes set 13 forth above and, until expenditure is required, to hold and invest funds 14 as a prudent fiduciary under the laws of the states; 15 (e) recommend appropriate federal, state and local government legis- 16 lation and agency administrative action pertaining to the project; 17 (f) within 18 months of the date the commission organizes and not less 18 than annually thereafter, prepare a progress report on its activities, 19 and submit it, together with any recommendations for state or local 20 government legislation or agency administrative action to the governor, 21 the temporary president of the senate and the speaker of the assembly; 22 and 23 (g) take such other action as may be necessary or appropriate to 24 further the purposes of this act. 25 7. Powers of the commission. The commission shall have the power to 26 undertake the following: 27 (a) facilitate the project, including, but not limited to, through 28 contracts and agreements and other documents and instruments which the 29 commission is otherwise authorized to make, enter into, execute and 30 deliver, provided, however, that the commission shall not have the 31 authority to operate or directly engage in transportation services such 32 that the commission would be subject to the jurisdiction of the federal 33 surface transportation board; 34 (b) sue and be sued in its own name in federal and state courts in 35 Mercer county, New Jersey and New York county, New York, it being under- 36 stood that the commissioners shall have no obligation or liability for 37 the acts or omissions of the commission; 38 (c) accept, receive, disburse, encumber and expend funds from whatever 39 source derived, including, without limitation, federal assistance, 40 grants and loans; state and local government assistance, grants and 41 loans; single state or bi-state agency assistance, grants and loans; 42 private sources, grants and loans; and Amtrak grants and loans, in each 43 case as may be necessary to accomplish any lawful purpose which the 44 commissioners determine will facilitate the project and achieve long- 45 term stability and full funding; 46 (d) acquire, including, without limitation, by gift, purchase, 47 exchange or condemnation in accordance with the requirements of this 48 act, subdivide, lease, license, take and hold property of every 49 description and to manage such property and develop any undeveloped 50 property owned, leased or controlled by it in a manner necessary or 51 appropriate to facilitate the project; 52 (e) make, procure, enter into, execute and deliver contracts and 53 agreements and other documents and instruments as may be necessary or 54 appropriate to carry out any power of the commission under this act and 55 to otherwise accomplish any lawful purpose which the commissioners 56 determine will facilitate the project, including, without limitation,S. 1508 162 A. 2008 1 with the federal government, the states of New Jersey and New York, with 2 any local government thereof, with any agency, instrumentality, depart- 3 ment, commission or authority of any one or more of the foregoing, any 4 bi-state agency, Amtrak, any individual or private firm, entity or 5 corporation, or with any one or more of them; 6 (f) make applications for and accept funding, permits, authorizations 7 and approvals as may be necessary or appropriate to accomplish any 8 lawful purpose which the commissioners determine will facilitate the 9 project, including, without limitation, with the federal government, the 10 states of New Jersey and New York, with any local government thereof, 11 with any agency, instrumentality, department, commission or authority of 12 any one or more of the foregoing, any bi-state agency, Amtrak, any indi- 13 vidual or private firm, entity or corporation, or with any one or more 14 of them; 15 (g) grant public and private entities the use of the project or a 16 portion thereof by way of franchise, license, lease or otherwise, 17 provide for payments to and accept payments from such entities in 18 exchange for value received from such use, work or services performed or 19 otherwise and to establish or agree with project users on tolls, fees, 20 rates, charges, revenue sharing and rentals for the use thereof, 21 provided that such tolls, fees, rates, charges, revenue sharing and 22 rentals do not conflict with applicable federal law and the laws of the 23 states of New Jersey and New York, and provided further that the commis- 24 sion shall not have the authority to set passenger fares for Amtrak or 25 any publicly owned and operated passenger service utilizing the project; 26 (h) adopt its own public procurement rules and guidelines that the 27 commission deems necessary or appropriate to facilitate the project 28 through any combination of means and methods otherwise available to the 29 commission under this act, regardless of whether such combination is 30 generally available to the states of New Jersey and New York, any local 31 government thereof, any agency, instrumentality, department, commission 32 or authority of any one or more of the foregoing, or any bi-state agen- 33 cy, and engage and contract with third parties in accordance with such 34 procurement rules and guidelines; 35 (i) dispose of, convey or transfer all or any portion of the project 36 for value as may be expeditious for the facilitation of the project, so 37 long as it has determined that the transferee has or is provided with a 38 sufficient source of financing to acquire, operate, maintain and own the 39 project; 40 (j) issue and guarantee bonds, notes or other evidence of indebt- 41 edness, enter into loan agreements and otherwise borrow funds, or incur 42 indebtedness or other future payment obligations for any corporate 43 purpose, including to effectuate full funding, and to assign, pledge, 44 mortgage, secure, encumber and use its funds, assets, property and 45 revenues for repayment thereof, to be payable out of the funds, assets, 46 properties and revenues of the commission without recourse to taxation, 47 provided that the commission shall have no power to pledge the full 48 faith and credit of the federal government, either state or any local 49 government thereof, or of Amtrak or the Port Authority of New York and 50 New Jersey in connection with the project, or to impose any obligation 51 for payment of the bonds upon the federal government, either state or 52 any local government thereof, or of Amtrak or the Port Authority of New 53 York and New Jersey, in each case except as set forth in a binding 54 agreement, or to otherwise commit any party to incur any liability in 55 excess of its contractual obligations in connection with the project, 56 and provided further that neither the commissioners nor any personS. 1508 163 A. 2008 1 executing any bonds issued or guaranteed by the Commission shall be 2 liable personally on such bonds or be subject to any personal liability 3 or accountability by reason of the issuance thereof; 4 (k) acquire and hold securities for investment purposes or in 5 connection with the facilitation of the project; 6 (l) appoint, employ, contract with and compensate such officers, 7 employees and agents, including engineers, attorneys, consultants, 8 financial advisors and such other persons or entities as the business of 9 the commission may require and to engage and dismiss such officers, 10 employees and agents at will, and fix and provide for the qualification, 11 appointment, removal, term, tenure, compensation, pension and retirement 12 rights of its officers and employees; 13 (m) obtain insurance as the commission may deem advisable and to 14 create a captive insurer to self-insure risk as deemed appropriate by 15 the commission; 16 (n) cooperate with the federal government, the states of New Jersey 17 and New York, with any local government thereof, with any agency, 18 instrumentality, department, commission or authority of any one or more 19 of the foregoing, any bi-state agency, Amtrak, any individual or private 20 firm, entity or corporation, or with any one or more of them, in 21 connection with the project, and to enter into an agreement or agree- 22 ments, notwithstanding any other provision of law of the states, gener- 23 al, special, charter or local, with the federal government, with the 24 states of New Jersey and New York, with any local government thereof, 25 with any agency, instrumentality, department, commission or authority of 26 any one or more of the foregoing, any bi-state agency, Amtrak, any indi- 27 vidual or private firm, entity or corporation, or with any one or more 28 of the same for or relating to the project; 29 (o) indemnify individuals and entities to the extent required to 30 facilitate the project; 31 (p) establish or acquire subsidiaries as required to facilitate the 32 project; 33 (q) utilize the existing labor force in the states and foster labor 34 harmony in allowing for adoption of efficient labor work rules and prac- 35 tices during construction of the project; and 36 (r) exercise all other powers as may be necessary or appropriate in 37 furtherance of, and consistent with, the purposes of this act. 38 8. Exemption from taxes, local laws. (a) The commission shall be 39 performing essential governmental functions in exercising its powers and 40 functions and in carrying out the provisions of this act and of any law 41 relating thereto, and shall not be required to pay any taxes or assess- 42 ments of any character, levied by either state or any local government 43 thereof, upon any of the property used by it or its agents or contrac- 44 tors for the facilitation of the project, or any income or revenue ther- 45 efrom, including any profit from a sale, lease or exchange, or in 46 connection with the transfer thereof or of any real property interest 47 therein. Any bonds or other securities or obligations issued by the 48 commission, their transfer and the interest paid thereon or income ther- 49 efrom, including any profit from a sale or exchange, shall at all times 50 be free from taxation by either state or any subdivision thereof. 51 (b) The commission shall, as a matter of policy, conform to the enact- 52 ments, ordinances, resolutions and regulations of the respective states 53 and local governments where the project is located in regard to the 54 construction and maintenance of the project and in regard to health and 55 fire protection which would be applicable if the commission were a 56 private corporation, to the extent that the commission finds it practi-S. 1508 164 A. 2008 1 cable so to do, without interfering with, impairing or affecting the 2 efficiency of its purposes under this act, or its ability to effectuate 3 the project upon a self-supporting basis, or its obligations, duties and 4 responsibilities to the two states, its bondholders, if any, and the 5 general public, but the decision of the commission as to whether it is 6 practicable so to do shall be controlling. To that end, the commission 7 shall submit copies of plans and specifications for buildings and struc- 8 tures to the appropriate state and local government officials and shall 9 consult with them with respect thereto, and shall receive their comments 10 and suggestions thereon, but the commission shall make the final deter- 11 mination as to which comments and suggestions to accept in effectuating 12 the project. 13 (c) The commission is hereby authorized and empowered, in its 14 discretion, to enter into a voluntary agreement or agreements with any 15 local government whereby the commission may undertake to pay in lieu of 16 taxes a fair and reasonable sum, if any, annually in connection with any 17 real property acquired and owned by the commission for any of the 18 purposes of this act, and to provide for the payment as a rental or 19 additional rental charge by any person occupying any portion of such 20 real property as lessee, vendee or otherwise of such fair and reasonable 21 sum, provided that in no event shall any voluntary agreement entered 22 into by the commission provide for the payment of an amount in lieu of 23 taxes in excess of the amount last paid as taxes upon such real property 24 prior to the time of its acquisition by the commission. 25 (d) Notwithstanding any other provision of law, general, special, 26 charter or local, each local government is hereby authorized and 27 empowered to enter into such agreement or agreements with the commis- 28 sion, and to accept the payment or payments which the commission is 29 hereby authorized and empowered to make, and the sums so received by 30 such local government shall be devoted to purposes to which taxes may be 31 applied in all affected taxing jurisdictions unless and until otherwise 32 directed by law of the state in which such local government is located. 33 § 3. Subdivisions 1, 2 and 3 of section 14-c of the transportation 34 law, as added by chapter 639 of the laws of 1971, are amended to read as 35 follows: 36 1. The department of transportation may cooperate and contract with 37 the national railroad passenger corporation or the gateway development 38 commission for any intercity rail passenger services deemed necessary, 39 convenient or desirable by the commissioner, within the amounts avail- 40 able by appropriation therefor, as such services are made available 41 pursuant to the provisions of the rail passenger service act of nineteen 42 hundred seventy and any acts amendatory or supplemental thereto, subject 43 to the approval of the director of the budget or pursuant to reimburse- 44 ment available from the gateway development commission, any railroad 45 company, any other state or agency, the federal government, any public 46 authority of this state or any other state or two or more states, or any 47 political subdivision or municipality of the state. Notwithstanding any 48 inconsistent law, general, special or local, the commissioner, as funds 49 are made available for the purposes hereof, is hereby empowered to 50 contract with such corporation or the gateway development commission and 51 to do all other things necessary, convenient or desirable on behalf of 52 the state to secure the full benefits available under and pursuant to 53 such act and any other federal act which provides funding for intercity 54 rail passenger services, and to contract and do all other things neces- 55 sary as hereinafter provided on behalf of the state to effect [the] and 56 facilitate intercity rail passenger [service program] services which heS. 1508 165 A. 2008 1 determines is necessary, convenient or desirable; provided that activ- 2 ities with the gateway development commission shall be limited to those 3 which advance the purposes described in the chapter of the laws of two 4 thousand nineteen that created the gateway development commission and 5 shall be contingent on the commissioner entering into an agreement with 6 the gateway development commission, approved in accordance with the 7 chapter of the laws of two thousand nineteen that created such commis- 8 sion. 9 2. The commissioner shall coordinate the intercity rail passenger 10 activities of the state and other interested public and private organ- 11 izations and persons to effectuate the purposes of this section and 12 shall have the responsibility for negotiating with the federal govern- 13 ment with respect to intercity rail passenger service programs, except 14 to the extent responsibility is delegated by legislation to another 15 agency, instrumentality, any public authority of this state or any other 16 state or two or more states, or any political subdivision or munici- 17 pality of the state for one or more of such activities. The commission- 18 er is authorized to enter into joint service agreements between the 19 state and any railroad company, any other state department or agency, 20 the federal government, the Canadian government, any other state, or 21 agency or instrumentality thereof, any public authority of this state or 22 any other state or two or more states, or any political subdivision or 23 municipality of the state, relating to property, buildings, structures, 24 facilities, services, rates, fares, classifications, dividends, allow- 25 ances or charges (including charges between intercity rail passenger 26 service facilities), or rules or regulations pertaining thereto, for or 27 in connection with or incidental to transportation in part upon inter- 28 city rail passenger service facilities. Intercity rail passenger service 29 facilities include the right of way and related trackage, rails, cars, 30 locomotives, or other rolling stock, signal, power, fuel, communication 31 and ventilation systems, power plants, stations, terminals, tunnels, 32 storage yards, repair and maintenance shops, yards, equipment and parts, 33 offices and other real estate or personnel used or held for or inci- 34 dental to the operation, rehabilitation or improvement of any railroad 35 operating intercity rail passenger service or to operate such service, 36 including but not limited to buildings, structures, and rail property. 37 3. [The] Notwithstanding any other provision of law, general, special, 38 charter or local, the commissioner may on such terms and conditions as 39 he may determine necessary, convenient or desirable, establish, 40 construct, effectuate, operate, maintain, renovate, improve, extend or 41 repair any such intercity rail passenger service facility or any related 42 services and activities, or may provide for such by contract, lease or 43 other arrangement on such terms as the commissioner may deem necessary, 44 convenient or desirable with any agency, corporation or person, includ- 45 ing but not limited to any railroad company, any state agency, the 46 federal government, the Canadian government, any other state or agency 47 or instrumentality thereof, any public authority of this or any other 48 state or two or more states, or any political subdivision or munici- 49 pality of the state. 50 § 4. Notwithstanding any other provision of law of New York or New 51 Jersey, general, special, charter or local, each state and local govern- 52 ment, any agency, instrumentality, department, commission or authority 53 thereof and any bi-state agency are hereby authorized and empowered to 54 cooperate with, aid and assist the commission in effectuating the 55 provisions of this act, as it may be amended or supplemented hereafter.S. 1508 166 A. 2008 1 § 5. Upon the concurrence of the state of New Jersey, the states of 2 New Jersey and New York consent to suits, actions or proceedings of any 3 form or nature at law, in equity or otherwise including proceedings to 4 enforce arbitration agreements, against the Gateway Development Commis- 5 sion, and to appeals therefrom and reviews thereof, except as hereinaft- 6 er provided. The foregoing consent does not extend to (a) suits, actions 7 or proceedings upon any causes of action whatsoever accruing before the 8 effective date of this act; (b) suits, actions or proceedings upon any 9 causes of action whatsoever, upon, in connection with, or arising out of 10 any contract, express or implied, entered into or assumed by or assigned 11 to the Gateway Development Commission before the effective date of this 12 act (including any supplement to, or amendment, extension or renewal of 13 any such contract, even if such supplement, amendment, extension or 14 renewal is made on or after the effective date of this act), regardless 15 of whether such cause of action accrued before or after that date; (c) 16 civil suits, actions or proceedings for the recovery of statutory penal- 17 ties; and (d) suits, actions or proceedings for judgments, orders or 18 decrees restraining, enjoining or preventing the Gateway Development 19 Commission from committing or continuing to commit any act or acts, 20 other than suits, actions or proceedings by the attorney general of New 21 Jersey or by the attorney general of New York, each of whom is hereby 22 authorized to bring such suits, actions or proceedings in his or her 23 discretion on behalf of any person or persons whatsoever who requests 24 him or her to do so, except in the cases otherwise excluded by this act; 25 provided, that in any such suit, action or proceeding, no judgment, 26 order or decree shall be entered except upon at least two days' prior 27 written notice to the Gateway Development Commission of the proposed 28 entry thereof. 29 The Gateway Development Commission shall be immune from liability as 30 though it were the state of New York, except to the extent that such 31 immunity is waived by the state of New York under section 8 of the New 32 York Court of Claims Act. 33 § 6. Severability. (a) If any provision of this act or the application 34 thereof to any person or circumstance is held invalid, including as not 35 in accordance with federal law or federal constitutional requirements, 36 such invalidity shall not affect other provisions or applications of the 37 act which can be given effect without the invalid provision or applica- 38 tion and to this end the provisions of this act are declared to be 39 severable. 40 (b) The provisions of this act, and the powers vested in the Gateway 41 Development Commission, shall be liberally construed to give effect to 42 the purposes of this act. 43 § 7. (a) This act shall take effect upon the enactment into law by the 44 state of New Jersey of legislation having an identical effect with this 45 act, but if the state of New Jersey shall have already enacted such 46 legislation, this act shall take effect immediately; provided that the 47 state of New Jersey shall notify the legislative bill drafting commis- 48 sion upon the occurrence of the enactment of the legislation provided 49 for in this act in order that the commission may maintain an accurate 50 and timely effective data base of the official text of the laws of the 51 state of New York in furtherance of effectuating the provisions of 52 section 44 of the legislative law and section 70-b of the public offi- 53 cers law; and 54 (b) the Gateway Development Commission shall dissolve following a 55 joint determination by the governors of New Jersey and New York that the 56 transportation project has been completed or should be transferred toS. 1508 167 A. 2008 1 another agency, instrumentality or entity and (i) any bonds or other 2 securities issued and any other debt incurred for such project purposes 3 have been repaid or arrangements have been made to ensure such repayment 4 in full and (ii) Amtrak is not unduly prejudiced by such dissolution; 5 provided that the Gateway Development Commission shall notify the legis- 6 lative bill drafting commission upon the occurrence of the intended 7 dissolution in order that the commission may maintain an accurate and 8 timely effective data base of the official text of the laws of the state 9 of New York in furtherance of effectuating the provisions of section 44 10 of the legislative law and section 70-b of the public officers law. 11 PART EE 12 Section 1. The public authorities law is amended by adding a new 13 section 1279-e to read as follows: 14 § 1279-e. Assignment, transfer, sharing or consolidating powers, func- 15 tions or activities. 1. Notwithstanding any provision of this title or 16 any other provision of law, general, special or local, the authority 17 may, in whole or in part, assign, transfer, share, or consolidate any 18 one or more of its powers, duties, functions or activities or any 19 department, division or office established therewith, or any of those of 20 its subsidiaries, or affiliates or their subsidiaries, within or between 21 itself, its subsidiaries or affiliates or their subidiaries, in a manner 22 consistent with the provisions of this section. 23 2. Any such assignment, transfer, sharing, or consolidation pursuant 24 to this section shall occur only if approved by resolution of the board 25 of the authority, serving on behalf of the authority and any affected 26 subsidiary or affiliate or their subsidiary, adopted by not less than a 27 majority vote of the whole number of members of the authority then in 28 office, with the chairman having one additional vote in the event of a 29 tie vote. 30 3. Pursuant to this section, any such assigning, transferring, shar- 31 ing, or consolidating of powers, duties, functions or activities shall 32 not be authorized where it would impair any rights and remedies of any 33 holders of notes, bonds or other obligations issued by or violate any 34 duly executed labor agreements entered into by the authority, its 35 subsidiaries, or affiliates or their subsidiaries. 36 § 2. This act shall take effect immediately. 37 PART FF 38 Section 1. Paragraphs (b-1) and (c-3) of subdivision 2 of section 503 39 of the vehicle and traffic law, paragraph (b-1) as added by section 1 40 and paragraph (c-3) as added by section 2 of part A of chapter 25 of the 41 laws of 2009, are amended to read as follows: 42 (b-1) Supplemental learner permit/license fee in the metropolitan 43 commuter transportation district. (i) Upon passage of the knowledge test 44 required to obtain a learner's permit, an applicant for a driver's 45 license who resides in the metropolitan commuter transportation district 46 established by section one thousand two hundred sixty-two of the public 47 authorities law shall be required to pay a supplemental fee of one 48 dollar for each six months or portion thereof of the period of validity 49 of a learner's permit or license which is or may be issued pursuant to 50 the provisions of subparagraph (i) or (ii) of paragraph (b) of this 51 subdivision.S. 1508 168 A. 2008 1 (ii) The commissioner shall deposit daily all funds collected pursuant 2 to subparagraph (i) of this paragraph with such responsible banks, bank- 3 ing houses or trust companies as may be designated by the state comp- 4 troller, [to the credit of the comptroller] in trust for the credit of 5 the metropolitan transportation authority. An account may be established 6 in one or more of such depositories. Such deposits shall be kept sepa- 7 rate and apart from all other money in the possession of the 8 comptroller. On or before the twelfth day of each month, the commission- 9 er shall certify to the comptroller the amount of all revenues received 10 pursuant to subparagraph (i) of this paragraph during the prior month as 11 a result of the supplemental fee imposed, including any interest and 12 penalties thereon. The revenues so certified over the prior three months 13 in total shall be [deposited by the state comptroller in the metropol-14itan transportation authority aid trust account of the metropolitan15transportation authority financial assistance fund established pursuant16to section ninety-two-ff of the state finance law for deposit, subject17to] paid over by the fifteenth day of the last month of each calendar 18 quarter from such account, without appropriation, [in] into the corpo- 19 rate transportation account of the metropolitan transportation authority 20 special assistance fund established by section twelve hundred seventy-a 21 of the public authorities law, to be applied as provided in paragraph 22 (e) of subdivision four of such section. Any money collected pursuant to 23 this section that is deposited by the comptroller in the [metropolitan24transportation authority aid trust account] corporate transportation 25 account of the metropolitan transportation authority [financial] special 26 assistance fund shall be held in such fund free and clear of any claim 27 by any person or entity paying an additional fee pursuant to this 28 section, including, without limiting the generality of the foregoing, 29 any right or claim against the metropolitan transportation authority, 30 any of its bondholders, or any subsidiary or affiliate of the metropol- 31 itan transportation authority. 32 (c-3) (i) Supplemental renewal fee in the metropolitan commuter trans- 33 portation district. In addition to the fees required to be paid pursuant 34 to paragraph (c) of this subdivision, a supplemental fee of one dollar 35 for each six months or portion thereof of the validity of the license 36 shall be paid for renewal of a license of a person who resides in the 37 metropolitan commuter transportation district established by section one 38 thousand two hundred sixty-two of the public authorities law issued by 39 the commissioner. 40 (ii) The commissioner shall deposit daily all funds collected pursuant 41 to this paragraph with such responsible banks, banking houses or trust 42 companies as may be designated by the state comptroller, [to the credit43of the comptroller] in trust for the credit of the metropolitan trans- 44 portation authority. An account may be established in one or more of 45 such depositories. Such deposits shall be kept separate and apart from 46 all other money in the possession of the comptroller. On or before the 47 twelfth day of each month, the commissioner shall certify to the comp- 48 troller the amount of all revenues received pursuant to this paragraph 49 during the prior month as a result of the supplemental fees imposed, 50 including any interest and penalties thereon. The revenues so certified 51 over the prior three months in total shall be [deposited by the state52comptroller in the metropolitan transportation authority aid trust53account of the metropolitan transportation authority financial assist-54ance fund established pursuant to section ninety-two-ff of the state55finance law for deposit, subject to] paid over by the fifteenth day of 56 the last month of each calendar quarter from such account, withoutS. 1508 169 A. 2008 1 appropriation, [in] into the corporate transportation account of the 2 metropolitan transportation authority special assistance fund estab- 3 lished by section twelve hundred seventy-a of the public authorities 4 law, to be applied as provided in paragraph (e) of subdivision four of 5 such section. Any money collected pursuant to this section that is 6 deposited by the comptroller in the [metropolitan transportation author-7ity aid trust account] corporate transportation account of the metropol- 8 itan transportation authority [financial] special assistance fund shall 9 be held in such fund free and clear of any claim by any person or entity 10 paying an additional fee pursuant to this section, including, without 11 limiting the generality of the foregoing, any right or claim against the 12 metropolitan transportation authority, any of its bondholders, or any 13 subsidiary or affiliate of the metropolitan transportation authority. 14 § 2. Section 499-d of the vehicle and traffic law, as added by 15 section 1 of part B of chapter 25 of the laws of 2009, is amended to 16 read as follows: 17 § 499-d. Deposit and disposition of revenue from supplemental fee. The 18 commissioner shall deposit daily all funds derived from the collection 19 of the supplemental fee established pursuant to this article with such 20 responsible banks, banking houses or trust companies as may be desig- 21 nated by the state comptroller, [to the credit of the comptroller] in 22 trust for the credit of the metropolitan transportation authority. An 23 account may be established in one or more of such depositories. Such 24 deposits shall be kept separate and apart from all other money in the 25 possession of the comptroller. On or before the twelfth day of each 26 month, the commissioner shall certify to the comptroller the amount of 27 all revenues received pursuant to this article during the prior month as 28 a result of the supplemental fee imposed, including any interest and 29 penalties thereon. The revenues so certified over the prior three months 30 in total shall be [deposited by the state comptroller in the metropol-31itan transportation authority aid trust account of the metropolitan32transportation authority financial assistance fund established pursuant33to section ninety-two-ff of the state finance law for deposit, subject34to] paid over by the fifteenth day of the last month of each calendar 35 quarter from such account, without appropriation, [in] into the corpo- 36 rate transportation account of the metropolitan transportation authority 37 special assistance fund established by section twelve hundred seventy-a 38 of the public authorities law, to be applied as provided in paragraph 39 (e) of subdivision four of such section. Any money collected pursuant to 40 this section that is deposited by the comptroller in the [metropolitan41transportation authority aid trust account] corporate transportation 42 account of the metropolitan transportation authority [financial] special 43 assistance fund shall be held in such fund free and clear of any claim 44 by any person or entity paying an additional fee pursuant to this 45 section, including, without limiting the generality of the foregoing, 46 any right or claim against the metropolitan transportation authority, 47 any of its bondholders, or any subsidiary or affiliate of the metropol- 48 itan transportation authority. 49 § 3. Section 1288 of the tax law, as added by section 1 of part E of 50 chapter 25 of the laws of 2009, is amended to read as follows: 51 § 1288. Deposit and disposition of revenue. Notwithstanding any 52 provision of law to the contrary: (a) All taxes, interest and penalties 53 collected or received by the commissioner pursuant to this article shall 54 be deposited daily with such responsible banks, banking houses or trust 55 companies, as may be designated by the comptroller, [to the credit of56the comptroller] in trust for the credit of the metropolitan transporta-S. 1508 170 A. 2008 1 tion authority. [Such an] An account may be established in one or more 2 of such depositories. Such deposits shall be kept separate and apart 3 from all other money in the possession of the comptroller. The comp- 4 troller shall require adequate security from all such depositories. Of 5 the total revenue collected or received under this section, the comp- 6 troller shall retain in the comptroller's hands such amount as the 7 commissioner may determine to be necessary for refunds under this arti- 8 cle. The commissioner is authorized and directed to deduct from such 9 amounts collected or received under this article, before deposit into 10 the accounts specified by the comptroller, a reasonable amount necessary 11 to effectuate refunds of appropriations of the department to reimburse 12 the department for the costs to administer, collect and distribute the 13 taxes imposed by this article. 14 (b) On or before the twelfth day following the end of each month, 15 after reserving such amount for such refunds and such costs, the commis- 16 sioner shall certify to the comptroller the amount of all revenues so 17 received pursuant to this article during the prior month as a result of 18 the taxes, interest and penalties so imposed. 19 (c) [The] By the fifteenth day of the last month of each calendar 20 quarter the comptroller shall pay over the amount of revenues from the 21 prior three months in total so certified by the commissioner [to the22metropolitan transportation authority aid trust account of the metropol-23itan transportation authority financial assistance fund established by24section ninety-two-ff of the state finance law for deposit, subject to], 25 without appropriation, [in] into the corporate transportation account of 26 the metropolitan transportation authority special assistance fund estab- 27 lished by section twelve hundred seventy-a of the public authorities law 28 to be applied as provided in paragraph (e) of subdivision four of such 29 section twelve hundred seventy-a. Any money collected pursuant to this 30 article that is deposited by the comptroller in the [metropolitan trans-31portation authority aid trust account] corporate transportation account 32 of the metropolitan transportation authority [financial] special assist- 33 ance fund shall be held in such fund free and clear of any claim by any 34 person or entity paying the tax pursuant to this article, including, 35 without limiting the generality of the foregoing, any right or claim 36 against the metropolitan transportation authority, any of its bondhold- 37 ers, or any subsidiary or affiliate of the metropolitan transportation 38 authority. 39 § 4. Section 1167 of the tax law, as amended by section 3 of part F of 40 chapter 25 of the laws of 2009, is amended to read as follows: 41 § 1167. Deposit and disposition of revenue. 1. All taxes, interest and 42 penalties collected or received by the commissioner under this article 43 shall be deposited and disposed of pursuant to the provisions of section 44 one hundred seventy-one-a of this chapter, except that after reserving 45 amounts in accordance with such section one hundred seventy-one-a of 46 this chapter, the remainder shall be paid by the comptroller to the 47 credit of the highway and bridge trust fund established by section 48 eighty-nine-b of the state finance law, provided, however, taxes, inter- 49 est and penalties collected or received pursuant to section eleven 50 hundred sixty-six-a of this article shall be [paid to the credit of the51metropolitan transportation authority aid trust account of the metropol-52itan transportation authority financial assistance fund established by53section ninety-two-ff of the state finance law] deposited and disposed 54 of pursuant to subdivision two of this section. 55 2. All taxes, interest, and penalties collected or received by the 56 commissioner pursuant to section eleven hundred sixty-six-a of thisS. 1508 171 A. 2008 1 article shall be deposited daily with such responsible banks, banking 2 houses or trust companies, as may be designated by the comptroller, in 3 trust for the credit of the metropolitan transportation authority. An 4 account may be established in one or more of such depositories. Such 5 deposits will be kept separate and apart from all other money in the 6 possession of the comptroller. Of the total revenue collected or 7 received under this article, the comptroller shall retain such amount as 8 the commissioner may determine to be necessary for refunds under this 9 article. On or before the twelfth day of each month, after reserving 10 such amount for such refunds and deducting such amounts for such costs, 11 the commissioner shall certify to the comptroller the amount of all 12 revenues received pursuant to this article during the prior month as a 13 result of the tax imposed, including any interest and penalties thereon. 14 The amount of revenues so certified over the prior three months in total 15 shall be paid over by the fifteenth day of the last month of each calen- 16 dar quarter from such account, without appropriation, into the corporate 17 transportation account of the metropolitan transportation authority 18 special assistance fund established by section twelve hundred seventy-a 19 of the public authorities law, to be applied as provided in paragraph 20 (e) of subdivision four of such section. 21 § 5. Subdivision 3 and paragraph (a) of subdivision 6 of section 22 92-ff of the state finance law, subdivision 3 as amended by section 14 23 of part UU of chapter 59 of the laws of 2018 and paragraph (a) of subdi- 24 vision 6 as added by section 1 of part G of chapter 25 of the laws of 25 2009, are amended to read as follows: 26 3. Such fund shall consist of all moneys collected therefor or credit- 27 ed or transferred thereto from any other fund, account or source[,28including, without limitation, the revenues derived from the special29supplemental tax on passenger car rentals imposed by section eleven30hundred sixty-six-a of the tax law; revenues derived from the transpor-31tation surcharge imposed by article twenty-nine-A of the tax law; the32supplemental registration fees imposed by article seventeen-C of the33vehicle and traffic law; and the supplemental metropolitan commuter34transportation district license fees imposed by section five hundred35three of the vehicle and traffic law]. Any interest received by the 36 comptroller on moneys on deposit in the metropolitan transportation 37 authority financial assistance fund shall be retained in and become a 38 part of such fund. 39 (a) The "metropolitan transportation authority aid trust account" 40 shall consist of [revenues required to be deposited therein pursuant to41the provisions of section eleven hundred sixty-six-a of the tax law;42article twenty-nine-A of the tax law; article seventeen-C of the vehicle43and traffic law; and section five hundred three of the vehicle and traf-44fic law, and all other] moneys credited or transferred thereto from any 45 other [fund or] source pursuant to law. 46 § 6. Section 4 of the state finance law is amended by adding a new 47 subdivision 13 to read as follows: 48 13. Notwithstanding subdivision one of this section and any other law 49 to the contrary, the revenue (including fees, taxes, interest and penal- 50 ties) from the metropolitan commuter transportation district supple- 51 mental fees and taxes imposed pursuant to paragraph (b-1) of subdivision 52 two of section five hundred three of the vehicle and traffic law, para- 53 graph (c-3) of subdivision two of section five hundred three of the 54 vehicle and traffic law, article seventeen-C of the vehicle and traffic 55 law, article twenty-nine-A of the tax law and section eleven hundred 56 sixty-six-a of the tax law which are paid in accordance with subpara-S. 1508 172 A. 2008 1 graph (ii) of paragraph (b-1) of subdivision two of section five hundred 2 three of the vehicle and traffic law, subparagraph (ii) of paragraph 3 (c-3) of subdivision two of section five hundred three of the vehicle 4 and traffic law, section twelve hundred eighty-eight of the tax law and 5 section eleven hundred sixty-seven of the tax law into the corporate 6 transportation account of the metropolitan transportation authority 7 special assistance fund established by section twelve hundred seventy-a 8 of the public authorities law shall be made pursuant to statute but 9 without an appropriation. 10 § 7. Subdivision 1 and paragraph (e) of subdivision 4 of section 11 1270-a of the public authorities law, subdivision 1 as amended by 12 section 14 and paragraph (e) of subdivision 4 as added by section 15 of 13 part H of chapter 25 of the laws of 2009, are amended to read as 14 follows: 15 1. The authority shall create and establish a fund to be known as the 16 "metropolitan transportation authority special assistance fund" which 17 shall be kept separate from and shall not be commingled with any other 18 moneys of the authority. The special assistance fund shall consist of 19 three separate accounts: (i) the "transit account", (ii) the "commuter 20 railroad account" and (iii) the "corporate transportation account". 21 The authority shall make deposits in the transit account and the 22 commuter railroad account of the moneys received by it pursuant to the 23 provisions of subdivision one of section two hundred sixty-one of the 24 tax law in accordance with the provisions thereof, and shall make depos- 25 its in the corporate transportation account of the moneys received by it 26 pursuant to the provisions of subdivision two of section two hundred 27 sixty-one of the tax law and section ninety-two-ff of the state finance 28 law. The comptroller shall deposit, without appropriation, into the 29 corporate transportation account the revenue fees, taxes, interest and 30 penalties collected in accordance with paragraph (b-1) of subdivision 31 two of section five hundred three of the vehicle and traffic law, para- 32 graph (c-3) of subdivision two of section five hundred three of the 33 vehicle and traffic law, article seventeen-C of the vehicle and traffic 34 law, article twenty-nine-A of the tax law and section eleven hundred 35 sixty-six-a of the tax law. 36 (e) Notwithstanding the foregoing provisions of this subdivision, any 37 moneys in the corporate transportation account that are received by the 38 authority: (i) without appropriation pursuant to subdivision one of this 39 section, or (ii) pursuant to the provisions of section ninety-two-ff of 40 the state finance law may be pledged by the authority, or pledged to the 41 Triborough bridge and tunnel authority, to secure bonds, notes or other 42 obligations of the authority or the Triborough bridge and tunnel author- 43 ity, as the case may be, and, if so pledged to the Triborough bridge and 44 tunnel authority, shall be paid to the Triborough bridge and tunnel 45 authority in such amounts and at such times as necessary to pay or to 46 reimburse that authority for its payment of debt service and reserve 47 requirements, if any, on that portion of special Triborough bridge and 48 tunnel authority bonds and notes issued by that authority pursuant to 49 section five hundred fifty-three-d of this chapter. Subject to the 50 provisions of any such pledge, or in the event there is no such pledge, 51 any moneys in the corporate transportation account received by the 52 authority: (i) without appropriation pursuant to subdivision one of this 53 section, or (ii) pursuant to the provisions of section ninety-two-ff of 54 the state finance law may be used by the authority for payment of oper- 55 ating costs of, and capital costs, including debt service and reserve 56 requirements, if any, of or for the authority, the New York city transitS. 1508 173 A. 2008 1 authority and their subsidiaries as the authority shall determine. No 2 moneys in the corporate transportation account that are reserved by the 3 authority: (i) without appropriation pursuant to subdivision one of this 4 section; or (ii) pursuant to the provisions of section ninety-two-ff of 5 the state finance law may be used for making any payment to the Dutch- 6 ess, Orange and Rockland fund created by section twelve hundred seven- 7 ty-b of this title or considered in calculating the amounts required to 8 be paid into such fund. 9 § 8. This act shall take effect immediately. 10 PART GG 11 Section 1. Paragraph 5 of subdivision (c) and subdivision (e) of 12 section 1111-c of the vehicle and traffic law, as amended by section 6 13 of part NNN of chapter 59 of the laws of 2018, are amended and a new 14 subdivision (n) is added to read as follows: 15 5. "bus rapid transit program" shall mean [up to ten routes] any route 16 designated by the New York city department of transportation in consul- 17 tation with the applicable mass transit agency, in addition to the Bus 18 Rapid Transit Phase I plan routes, that operate on designated bus lanes 19 and that may include upgraded signage, enhanced road markings, minimum 20 bus stop spacing, off-board fare payment, traffic signal priority for 21 buses, and any other enhancement that increases bus speed or reliabil- 22 ity. 23 (e) An owner liable for a violation of a bus lane restriction imposed 24 on any route within a bus rapid transit program shall be liable for 25 monetary penalties in accordance with a schedule of fines and penalties 26 promulgated by the parking violations bureau of the city of New York; 27 provided, however, that the monetary penalty for violating a bus lane 28 restriction shall not exceed one hundred [fifteen] twenty-five dollars, 29 one hundred fifty dollars for a second offense within a twelve-month 30 period, two hundred dollars for a third offense within a twelve-month 31 period, two hundred fifty dollars for a fourth offense within a twelve- 32 month period, and three hundred fifty dollars for each subsequent 33 offense within a twelve-month period; provided, further, that an owner 34 shall be liable for an additional penalty not to exceed twenty-five 35 dollars for each violation for the failure to respond to a notice of 36 liability within the prescribed time period. 37 (n) 1. Notwithstanding any other provision of law, in accordance with 38 the provisions of this subdivision, the city of New York is hereby 39 authorized and empowered to impose monetary liability on the owner of a 40 vehicle for failure of an operator thereof to comply with the applicable 41 local laws and regulations of the city of New York relating to stopping, 42 standing, parking and turning movements as defined herein, while operat- 43 ing a vehicle within the congestion toll zone or along designated bus 44 corridors. The department of transportation of the city of New York 45 and/or an applicable mass transit agency, shall operate photo devices 46 that may be stationary or mobile and shall be activated at locations 47 determined by such department of transportation and/or on buses selected 48 by such department of transportation in consultation with the applicable 49 mass transit agency. Locations of such photo devices shall be within the 50 congestion toll zone in the borough of Manhattan or along designated bus 51 corridors to be determined jointly by the department of transportation 52 and the applicable mass transit agency. 53 2. Any image or images captured by photo devices shall be inadmissible 54 in any disciplinary proceeding convened by the applicable mass transitS. 1508 174 A. 2008 1 agency or any subsidiary thereof and any proceeding initiated by the 2 department involving licensure privileges of bus operators. Any mobile 3 bus lane photo device mounted on a bus shall be directed outwardly from 4 such bus to capture images of vehicles operated in violation of the 5 local laws relating to stopping, standing, parking and turning, or in 6 violation of bus lane restrictions, and images produced by such device 7 shall not be used for any other purpose in the absence of a court order 8 requiring such images to be produced. 9 3. The city of New York shall adopt and enforce measures to protect 10 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 11 tity and identifying information may be captured by a photo device. Such 12 measures shall include: 13 (i) utilization of necessary technologies to ensure, to the extent 14 practicable, that images produced by such photo devices shall not 15 include images that identify the driver, the passengers, or the contents 16 of the vehicle, provided, however, that no notice of liability issued 17 pursuant to this section shall be dismissed solely because an image 18 allows for the identification of the driver, the passengers or other 19 contents of a vehicle; 20 (ii) a prohibition on the use or dissemination of vehicles' license 21 plate information and other information and images captured by photo 22 devices except: (A) as required to establish liability under this 23 section or collect payment of penalties; (B) as required by court order; 24 (C) as required pursuant to a search warrant issued in accordance with 25 the criminal procedure law or a subpoena; or (D) as otherwise required 26 by law; 27 (iii) the installation of signage at regular intervals in the 28 congestion toll zone and along the designated bus corridors stating that 29 photo devices are used to enforce restrictions on stopping, standing, 30 parking and turning movements; and 31 (iv) oversight procedures to ensure compliance with the aforementioned 32 privacy protection measures. 33 4. Photo devices authorized by this subdivision shall only be operated 34 from 6:00 a.m. to 10:00 p.m. Warning notices of violation will be issued 35 during the first sixty days that photo device enforcement is active in 36 the congestion toll zone or along a designated bus corridor. 37 5. The owner of a vehicle shall be liable for a penalty imposed pursu- 38 ant to this subdivision if such vehicle was used or operated with the 39 permission of the owner, express or implied, in violation of any appli- 40 cable local law or regulation defined herein, while operated within the 41 congestion toll zone or along a designated bus corridor, and such 42 violation is evidenced by information obtained from a photo device; 43 provided however that no owner of a vehicle shall be liable for a penal- 44 ty imposed pursuant to this subdivision where the operator of such vehi- 45 cle has been convicted of the underlying violation of such applicable 46 local law or regulation. 47 6. For purposes of this subdivision the following terms shall have the 48 following meanings: 49 (i) "owner" shall have the meaning provided in article two-B of this 50 chapter. 51 (ii) "photo device" shall mean a device that is capable of operating 52 independently of an enforcement officer and produces one or more images 53 of each vehicle at the time it is in violation of an applicable local 54 law or regulation. 55 (iii) "applicable local law or regulation" shall mean Chapter 4 of 56 Title 34 of the Rules of the City of New York relating to stopping,S. 1508 175 A. 2008 1 standing, parking, and turning movements, including but not limited to 2 the following: 3 § 4-08(f)(4) and § 4-12(m): General no standing zones, Bus lanes 4 § 4-08(c)(3): Violation of posted no standing rules prohibited, Bus 5 stop 6 § 4-08(f)(1): General no standing zones, Double parking 7 § 4-08(k)(2): Special rules for commercial vehicles, No standing 8 except trucks loading and unloading 9 § 4-08(a)(3): Standing prohibited 10 § 4-07(b)(1) and § 4-08(e)(11): Stopping prohibited 11 § 4-07(e)(4): General no stopping zones, Intersections 12 § 4-08 (e)(5): General no stopping zones, Crosswalks 13 § 4-08(e)(12: General no stopping zones, Obstructing traffic at inter- 14 section. 15 § 4-05, § 4-07(h)(2): Turns 16 (iv) "congestion toll zone" shall include any roadways, bridges, 17 tunnels or ramps that are located within, or enter into, the geographic 18 area in the borough of Manhattan established pursuant to article forty- 19 four-C of this chapter. 20 7. A certificate, sworn to or affirmed by a technician employed by the 21 city in which the charged violation occurred, or a facsimile thereof, 22 based upon inspection of photographs, microphotographs, videotape or 23 other recorded images produced by a photo device, shall be prima facie 24 evidence of the facts contained therein. Any photographs, microphoto- 25 graphs, videotape or other recorded images evidencing such a violation 26 shall be available for inspection in any proceeding to adjudicate the 27 liability for such violation pursuant to this subdivision. 28 8. An owner liable for a violation shall be liable for monetary penal- 29 ties in accordance with a schedule of fines and penalties promulgated by 30 the parking violations bureau of the city of New York; provided, howev- 31 er, that the monetary penalty for a first offense of a provision of 32 local law or regulation of the city of New York relating to stopping, 33 standing, parking and turning movement violations pursuant to this 34 subdivision shall not exceed one hundred twenty-five dollars, one 35 hundred fifty dollars for a second offense within a twelve-month period, 36 two hundred dollars for a third offense within a twelve-month period, 37 two hundred fifty dollars for a fourth offense within a twelve-month 38 period, and three hundred fifty dollars for each subsequent offense 39 within a twelve-month period; and provided, further, that an owner shall 40 be liable for an additional penalty not to exceed twenty-five dollars 41 for each violation for the failure to respond to a notice of liability 42 within the prescribed time period set forth in the notice of violation. 43 9. An imposition of liability pursuant to this subdivision shall not 44 be deemed a conviction of an operator and shall not be made part of the 45 operating record of the person upon whom such liability is imposed, nor 46 shall it be used for insurance purposes in the provision of motor vehi- 47 cle insurance coverage. 48 10. (i) A notice of liability shall be sent by first class mail to 49 each person alleged to be liable as an owner for a violation under this 50 section. Personal delivery to the owner shall not be required. A manual 51 or automatic record of mailing prepared in the ordinary course of busi- 52 ness shall be prima facie evidence of the facts contained therein. 53 (ii) A notice of liability shall contain the name and address of the 54 person alleged to be liable as an owner for a violation, the registra- 55 tion number of the vehicle involved in such violation, the location 56 where such violation took place including the street address or crossS. 1508 176 A. 2008 1 streets, one or more images identifying the violation, the date and time 2 of such violation and the identification number of the photo device 3 which recorded the violation or other document locator number. 4 (iii) The notice of liability shall contain information advising the 5 person charged of the manner and the time in which he or she may contest 6 the liability alleged in the notice. Such notice of liability shall 7 also contain a warning to advise the persons charged that failure to 8 contest in the manner and time provided shall be deemed an admission of 9 liability and that a default judgment may be entered thereon. 10 (iv) The notice of liability shall be prepared and mailed by the agen- 11 cy or agencies designated by the city of New York, or any other entity 12 authorized by such city to prepare and mail such notification of 13 violation. 14 11. Adjudication of the liability imposed upon owners by this section 15 shall be by the New York city parking violations bureau. 16 12. If an owner of a vehicle receives a notice of liability pursuant 17 to this subdivision for any time period during which such vehicle was 18 reported to the police department as having been stolen, it shall be a 19 valid defense to an allegation of liability that the vehicle had been 20 reported to the police as stolen prior to the time the violation 21 occurred and had not been recovered by such time. For purposes of 22 asserting the defense provided by this subdivision it shall be suffi- 23 cient that a certified copy of the police report on the stolen vehicle 24 be sent by first class mail to the parking violations bureau of such 25 city. 26 13. (i) An owner who is a lessor of a vehicle to which a notice of 27 liability was issued pursuant to this subdivision shall not be liable 28 for the violation of a local law or regulation defined herein, provided 29 that: 30 (A) prior to the violation, the lessor has filed with such parking 31 violations bureau in accordance with the provisions of section two 32 hundred thirty-nine of this chapter; and 33 (B) within thirty-seven days after receiving notice from such bureau 34 of the date and time of a liability, together with the other information 35 contained in the original notice of liability, the lessor submits to 36 such bureau the correct name and address of the lessee of the vehicle 37 identified in the notice of liability at the time of such violation, 38 together with such other additional information contained in the rental, 39 lease or other contract document, as may be reasonably required by such 40 bureau pursuant to regulations that may be promulgated for such purpose. 41 Failure to timely submit such information shall render the lessor liable 42 for the penalty prescribed in this subdivision. 43 (ii) Where the lessor complies with the provisions of clause (A) of 44 this paragraph, the lessee of such vehicle on the date of such violation 45 shall be deemed to be the owner of such vehicle for purposes of this 46 subdivision, shall be subject to liability for such violation pursuant 47 to this subdivision and shall be sent a notice of liability pursuant to 48 paragraph ten of this subdivision. 49 14. If the owner liable for a violation was not the operator of the 50 vehicle at the time of the violation, the owner may maintain an action 51 for indemnification against the operator. 52 15. Nothing in this subdivision shall be construed to limit the 53 liability of an operator of a vehicle for any violation of an applicable 54 local law or regulation. 55 16. The city of New York and the applicable mass transit agency shall 56 submit a report on the results of the use of photo devices to the gover-S. 1508 177 A. 2008 1 nor, the temporary president of the senate and the speaker of the assem- 2 bly by April first, within twelve months of operation of such photo 3 devices and every two years thereafter. Such report shall include, but 4 not be limited to: 5 (i) a description of the locations and/or buses where photo devices 6 were used; 7 (ii) the total number of violations recorded on a monthly and annual 8 basis; 9 (iii) the total number of notices of liability issued; 10 (iv) the number of fines and total amount of fines paid after the 11 first notice of liability; 12 (v) the number of violations adjudicated and results of such adjudi- 13 cations including breakdowns of dispositions made; 14 (vi) the total amount of revenue realized by such city and any partic- 15 ipating mass transit agency; 16 (vii) the quality of the adjudication process and its results; 17 (viii) the total number of cameras by type of camera; and 18 (ix) the total cost to the city and the total cost to any participat- 19 ing mass transit agency. 20 17. Any revenue from fines and penalties collected pursuant to this 21 subdivision from mobile bus photo devices shall be remitted by the city 22 of New York to the applicable mass transit agency on a quarterly basis 23 to be deposited in the general transportation account of the New York 24 city transportation assistance fund established pursuant to section 25 twelve hundred seventy of the public authorities law. 26 § 2. The opening paragraph of section 14 of part II of chapter 59 of 27 the laws of 2010, amending the vehicle and traffic law and the public 28 officers law relating to establishing a bus rapid transit demonstration 29 program to restrict the use of bus lanes by means of bus lane photo 30 devices, as amended by chapter 239 of the laws of 2015, is amended to 31 read as follows: 32 This act shall take effect on the ninetieth day after it shall have 33 become a law [and shall expire 10 years after such effective date when34upon such date the provisions of this act shall be deemed repealed; and] 35 provided that any rules and regulations related to this act shall be 36 promulgated on or before such effective date, provided that: 37 § 3. This act shall take effect immediately. Effective immediately, 38 the addition, amendment and/or repeal of any rule or regulation neces- 39 sary for the implementation of this act on its effective date are 40 authorized to be made and completed on or before such effective date. 41 PART HH 42 Section 1. Section 45 of chapter 929 of the laws of 1986 amending the 43 tax law and other laws relating to the metropolitan transportation 44 authority, as amended by chapter 63 of the laws of 2017, is amended to 45 read as follows: 46 § 45. This act shall take effect immediately; except that: (a) para- 47 graph (d) of subdivision 3 of section 1263 of the public authorities 48 law, as added by section twenty-six of this act, shall be deemed to have 49 been in full force and effect on and after August 5, 1986; (b) sections 50 thirty-three and thirty-four of this act shall not apply to a certified 51 or recognized public employee organization which represents any public 52 employees described in subdivision 16 of section 1204 of the public 53 authorities law and such sections shall expire on July 1, [2019] 2021 54 and nothing contained within these sections shall be construed to divestS. 1508 178 A. 2008 1 the public employment relations board or any court of competent juris- 2 diction of the full power or authority to enforce any order made by the 3 board or such court prior to the effective date of this act; (c) the 4 provisions of section thirty-five of this act shall expire on March 31, 5 1987; and (d) provided, however, the commissioner of taxation and 6 finance shall have the power to enforce the provisions of sections two 7 through nine of this act beyond December 31, 1990 to enable such commis- 8 sioner to collect any liabilities incurred prior to January 1, 1991. 9 § 2. This act shall take effect immediately. 10 PART II 11 Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, 12 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi- 13 sion 11 as separately amended by chapters 268 and 281 of the laws of 14 2016, are amended to read as follows: 15 3. With intent to prevent a peace officer, a police officer, prosecu- 16 tor as defined in subdivision thirty-one of section 1.20 of the criminal 17 procedure law, registered nurse, licensed practical nurse, public health 18 sanitarian, New York city public health sanitarian, sanitation enforce- 19 ment agent, New York city sanitation worker, a firefighter, including a 20 firefighter acting as a paramedic or emergency medical technician admin- 21 istering first aid in the course of performance of duty as such fire- 22 fighter, an emergency medical service paramedic or emergency medical 23 service technician, or medical or related personnel in a hospital emer- 24 gency department, a city marshal, a school crossing guard appointed 25 pursuant to section two hundred eight-a of the general municipal law, a 26 traffic enforcement officer, traffic enforcement agent, highway worker 27 as defined in section one hundred eighteen-a of the vehicle and traffic 28 law, motor vehicle inspector and motor carrier investigator as defined 29 in section one hundred eighteen-b of the vehicle and traffic law, or 30 employee of any entity governed by the public service law in the course 31 of performing an essential service, from performing a lawful duty, by 32 means including releasing or failing to control an animal under circum- 33 stances evincing the actor's intent that the animal obstruct the lawful 34 activity of such peace officer, police officer, prosecutor as defined in 35 subdivision thirty-one of section 1.20 of the criminal procedure law, 36 registered nurse, licensed practical nurse, public health sanitarian, 37 New York city public health sanitarian, sanitation enforcement agent, 38 New York city sanitation worker, firefighter, paramedic, technician, 39 city marshal, school crossing guard appointed pursuant to section two 40 hundred eight-a of the general municipal law, traffic enforcement offi- 41 cer, traffic enforcement agent, highway worker as defined in section one 42 hundred eighteen-a of the vehicle and traffic law, motor vehicle inspec- 43 tor and motor carrier investigator as defined in section one hundred 44 eighteen-b of the vehicle and traffic law, or employee of an entity 45 governed by the public service law, he or she causes physical injury to 46 such peace officer, police officer, prosecutor as defined in subdivision 47 thirty-one of section 1.20 of the criminal procedure law, registered 48 nurse, licensed practical nurse, public health sanitarian, New York city 49 public health sanitarian, sanitation enforcement agent, New York city 50 sanitation worker, firefighter, paramedic, technician or medical or 51 related personnel in a hospital emergency department, city marshal, 52 school crossing guard, traffic enforcement officer, traffic enforcement 53 agent, highway worker as defined in section one hundred eighteen-a of 54 the vehicle and traffic law, motor vehicle inspector and motor carrierS. 1508 179 A. 2008 1 investigator as defined in section one hundred eighteen-b of the vehicle 2 and traffic law, or employee of an entity governed by the public service 3 law; or 4 11. With intent to cause physical injury to a train operator, ticket 5 inspector, conductor, signalperson, bus operator, station agent, station 6 cleaner [or], terminal cleaner, station customer assistant, person whose 7 official duties include the sale or collection of tickets, passes, 8 vouchers or other fare payment media for use on a train or bus, person 9 whose official duties include the maintenance, repair, inspection, trou- 10 bleshooting, testing or cleaning of a transit signal system, elevated or 11 underground subway tracks, transit station structure, train yard, reven- 12 ue train in passenger service, or a train or bus station or terminal, or 13 a supervisor of such personnel employed by any transit agency, authority 14 or company, public or private, whose operation is authorized by New York 15 state or any of its political subdivisions, a city marshal, a school 16 crossing guard appointed pursuant to section two hundred eight-a of the 17 general municipal law, a traffic enforcement officer, traffic enforce- 18 ment agent, highway worker as defined in section one hundred eighteen-a 19 of the vehicle and traffic law, motor vehicle inspector and motor carri- 20 er investigator as defined in section one hundred eighteen-b of the 21 vehicle and traffic law, prosecutor as defined in subdivision thirty-one 22 of section 1.20 of the criminal procedure law, sanitation enforcement 23 agent, New York city sanitation worker, public health sanitarian, New 24 York city public health sanitarian, registered nurse, licensed practical 25 nurse, emergency medical service paramedic, or emergency medical service 26 technician, he or she causes physical injury to such train operator, 27 ticket inspector, conductor, signalperson, bus operator, station agent, 28 station cleaner [or], terminal cleaner, station customer assistant, 29 person whose official duties include the sale or collection of tickets, 30 passes, vouchers or other fare payment media for use on a train or bus, 31 person whose official duties include the maintenance, repair, 32 inspection, troubleshooting, testing or cleaning of a transit signal 33 system, elevated or underground subway tracks, transit station struc- 34 ture, train yard, revenue train in passenger service, or a train or bus 35 station or terminal, or a supervisor of such personnel, city marshal, 36 school crossing guard appointed pursuant to section two hundred eight-a 37 of the general municipal law, traffic enforcement officer, traffic 38 enforcement agent, highway worker as defined in section one hundred 39 eighteen-a of the vehicle and traffic law, motor vehicle inspector and 40 motor carrier investigator as defined in section one hundred eighteen-b 41 of the vehicle and traffic law, prosecutor as defined in subdivision 42 thirty-one of section 1.20 of the criminal procedure law, registered 43 nurse, licensed practical nurse, public health sanitarian, New York city 44 public health sanitarian, sanitation enforcement agent, New York city 45 sanitation worker, emergency medical service paramedic, or emergency 46 medical service technician, while such employee is performing an 47 assigned duty on, or directly related to, the operation of a train or 48 bus, [including the cleaning of a train or bus station or terminal] 49 cleaning of a train or bus station or terminal or maintenance of a train 50 or bus station or terminal, signal system, elevated or underground 51 subway tracks, transit station structure, train yard or revenue train in 52 passenger service, or such city marshal, school crossing guard, traffic 53 enforcement officer, traffic enforcement agent, highway worker as 54 defined in section one hundred eighteen-a of the vehicle and traffic 55 law, motor vehicle inspector and motor carrier investigator as defined 56 in section one hundred eighteen-b of the vehicle and traffic law, prose-S. 1508 180 A. 2008 1 cutor as defined in subdivision thirty-one of section 1.20 of the crimi- 2 nal procedure law, registered nurse, licensed practical nurse, public 3 health sanitarian, New York city public health sanitarian, sanitation 4 enforcement agent, New York city sanitation worker, emergency medical 5 service paramedic, or emergency medical service technician is performing 6 an assigned duty; or 7 § 2. The vehicle and traffic law is amended by adding two new 8 sections 118-a and 118-b to read as follows: 9 § 118-a. Highway worker. Any person employed by or on behalf of the 10 state, a county, city, town or village, a public authority, a local 11 authority, or a public utility company, or the agent or contractor of 12 any such entity, who has been assigned to perform work on a highway, 13 including maintenance, repair, flagging, utility work, construction, 14 reconstruction or operation of equipment on public highway infrastruc- 15 ture and associated rights-of-way in highway work areas, and shall also 16 include any flagperson as defined in section one hundred fifteen-b of 17 this article. 18 § 118-b. Motor vehicle inspector and motor carrier investigator. Any 19 person employed by the New York State department of transportation who 20 has been assigned to perform inspections of any motor vehicles or inves- 21 tigation of any carriers regulated by the commissioner of transporta- 22 tion. 23 § 3. The vehicle and traffic law is amended by adding a new section 24 1221-a to read as follows: 25 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 26 cle shall enter or intrude into an active work zone except upon direc- 27 tion from a flagperson, police officer or other visibly designated 28 person in charge of traffic control or direction from a traffic control 29 device regulating entry therein. For purposes of this section, the term 30 "active work zone" shall mean the physical area of a highway, street or 31 private road on which construction, maintenance or utility work is being 32 conducted, which area is marked by any signs, channeling devices, barri- 33 ers, pavement markings, or work vehicles, and where workers are phys- 34 ically present. 35 2. A violation of subdivision one of this section shall constitute a 36 class B misdemeanor punishable by a fine of not less than two hundred 37 fifty dollars nor more than five hundred dollars, or by a period of 38 imprisonment not to exceed three months, or by both such fine and impri- 39 sonment. 40 § 4. The vehicle and traffic law is amended by adding a new section 41 1221-b to read as follows: 42 § 1221-b. Work zone safety and outreach. The governor's traffic safety 43 committee, upon consultation with the commissioner of transportation, 44 the superintendent of state police, the commissioner, the chairman of 45 the New York state thruway authority, local law enforcement agencies, 46 and representatives for contractors and laborers, shall design and 47 implement a public education and outreach program to increase motorist 48 awareness of the importance of highway work zone safety, to reduce the 49 number of work zone incidents, including speeding, unauthorized intru- 50 sions into work zones, and any conduct resulting in threats or injuries 51 to highway workers, and to increase and promote work zone safety. 52 § 5. Section 120.05 of the penal law is amended by adding a new subdi- 53 vision 11-d to read as follows: 54 11-d. With intent to cause physical injury to a terminal cleaner, 55 cabin cleaner, facilities cleaner, wheelchair assist employee, baggage 56 handler, skycap, ticket agent, customer services employee, securityS. 1508 181 A. 2008 1 guard, queue management employee, shuttle bus driver, or any employee 2 whose duties require him or her to work on the tarmac, employed by any 3 airport, airport authority or company, public or private, that performs 4 such services at an airport, he or she causes physical injury to such 5 terminal cleaner, cabin cleaner, facilities cleaner, wheelchair assist 6 employee, baggage handler, skycap, ticket agent, customer services 7 employee, security guard, queue management employee, shuttle bus driver, 8 or any employee whose duties require him or her to work on the tarmac, 9 while such employee is performing an assigned duty of, or directly 10 related to, such services at an airport in the state of New York; or 11 § 6. This act shall take effect immediately. 12 PART JJ 13 Section 1. The public authorities law is amended by adding a new 14 section 2985-a to read as follows: 15 § 2985-a. Payment of tolls under the Tolls by Mail program. 1. For 16 purposes of this section the following terms shall have the following 17 meanings: 18 (a) "cashless tolling facility" shall mean a toll highway, bridge or 19 tunnel facility that does not provide for the immediate on-site payment 20 in cash of a toll owed for the use of such facility; 21 (b) "owner" shall mean any person, corporation, partnership, firm, 22 agency, association, lessor or organization who, at the time of incur- 23 ring an obligation to pay a toll at a cashless tolling facility, and 24 with respect to the vehicle identified in the toll bill or notice of 25 violation: (i) is the beneficial or equitable owner of such vehicle; or 26 (ii) has title to such vehicle; or (iii) the registrant or co-registrant 27 of such vehicle which is registered with the department of motor vehi- 28 cles of this state or any other state, territory, district, province, 29 nation or other jurisdiction; or (iv) is subject to the limitations set 30 forth in subdivision ten of section twenty-nine hundred eighty-five of 31 this title, uses such vehicle in its vehicle renting and/or leasing 32 business; or (v) is a person entitled to the use and possession of a 33 vehicle subject to a security interest in another person; 34 (c) "toll bill" shall mean a notice sent to an owner notifying such 35 owner that the owner's vehicle has been used or operated in or upon a 36 cashless tolling facility and the owner has incurred an obligation to 37 pay a toll; 38 (d) "notice of violation" shall mean a notice sent to an owner notify- 39 ing such owner that a toll incurred at a cashless tolling facility by 40 the owner has not been paid at the place and time and in the manner 41 established for collection of such toll in the toll bill and that an 42 administrative violation fee is being imposed for each such unpaid toll; 43 (e) "billing cycle" shall mean a period not to exceed thirty calendar 44 days for purposes of consolidated toll billing; 45 (f) "initial billing cycle" shall mean a period not to exceed fifteen 46 calendar days after identifying the owner or other party responsible for 47 paying the toll for the purpose of consolidated toll billing for an 48 obligation to pay a toll for the first time at a cashless tolling facil- 49 ity in a six-month period; and 50 (g) "tolls by mail program" shall mean any program operated by or on 51 behalf of a public authority to send a toll bill to an owner whose vehi- 52 cle crosses a cashless tolling facility without an electronic device 53 that successfully transmits information through an electronic tollS. 1508 182 A. 2008 1 collection system as defined in subdivision twelve of section twenty- 2 nine hundred eighty-five of this title. 3 2. In the case of an owner who incurs an obligation to pay a toll 4 under the Tolls by Mail program at a cashless tolling facility, a toll 5 bill shall be sent within six calendar days of the end of the initial 6 billing cycle and each subsequent billing cycle. Unless the owner 7 consents to have toll bills sent by electronic means of communication, 8 toll bills shall be sent to the owner by first class mail by or on 9 behalf of the public authority which operates such cashless tolling 10 facility. The owner shall have thirty days from the date of the toll 11 bill to pay the incurred toll. The toll bill shall include: (i) the 12 total amount of the incurred tolls due, (ii) the date by which payment 13 of the incurred tolls is due, (iii) an image of the license plate of the 14 vehicle being used or operated on the toll facility, (iv) notice of how 15 to dispute the tolls and the grounds for doing so, and (v) any other 16 information required by law or by the public authority. Each toll bill 17 shall identify the date, time, location, license plate number, and 18 state, territory, district, province, nation or other jurisdiction of 19 the license plate for each toll that has been incurred. 20 3. Any toll bill required to be sent pursuant to this section by first 21 class mail may instead be sent, with consent, by electronic means of 22 communication by or on behalf of the public authority, which consent can 23 be revoked at any time by the owner with notice to the public authority 24 or its agent. Such consent shall be deemed to be revoked when any toll 25 bill is unable to be delivered by electronic means of communication. It 26 shall be the sole responsibility of the owner to update the address used 27 for electronic means of communication to the owner. A manual or automat- 28 ic record of electronic communications prepared in the ordinary course 29 of business shall be adequate record of electronic notice. 30 4. In the case of an owner who does not pay a toll incurred under the 31 Tolls by Mail program on a cashless facility at the place and time and 32 in the manner established for collection of such toll in the toll bill, 33 a notice of violation shall be sent notifying the owner that the toll is 34 unpaid and an administrative violation fee is being imposed for each 35 such unpaid toll. The notice of violation shall be sent to the owner by 36 first class mail by or on behalf of the public authority which operates 37 such cashless tolling facility to an address supplied by the applicable 38 department of motor vehicles, the United States Postal Service National 39 Change of Address Service or the owner. The notice of violation shall 40 include: (i) the total amount of unpaid tolls and administrative 41 violation fees due, (ii) the date by which payment of the tolls and 42 administrative violation fees is due, and (iii) any other information 43 required by law or by the public authority. Each notice of violation 44 shall identify the date, time, location, license plate number, and 45 state, territory, district, province, nation or other jurisdiction of 46 the license plate for each unpaid toll that has been incurred. 47 5. Nothing in this section shall prohibit a public authority from 48 collecting any toll, fee, or penalty in the event that an owner does not 49 properly register a vehicle pursuant to the laws, rules and regulations 50 of this state, or any other state, territory, district, province, nation 51 or other jurisdiction. 52 6. Any owner or responsible party who incurs an obligation to pay a 53 toll under the Tolls by Mail program at a public authority's cashless 54 tolling facility shall have an option to receive text message or elec- 55 tronic mail alerts that a toll has been incurred. Such alerts shall be 56 provided to the owner no more than seventy-two hours after the owner orS. 1508 183 A. 2008 1 responsible party is identified. Each public authority shall create an 2 online registration for text message or electronic mail alerts that a 3 toll has been incurred under the Tolls by Mail program at a cashless 4 tolling facility. In the event an owner chooses to receive text message 5 or electronic mail alerts of a toll incurred, it shall be the owner's 6 sole responsibility to provide and then update any mobile numbers and 7 any electronic mail addresses to which alerts are sent. A manual or 8 automatic record of electronic communications prepared in the ordinary 9 course of business shall be adequate record of electronic notice. 10 7. Any public authority that operates a cashless tolling facility 11 shall maintain a website and toll-free phone number for any person to 12 receive updated information on any tolls or fees which are outstanding. 13 Such website and phone number shall be included on any toll bill or 14 notice of violation sent by or on behalf of a public authority. 15 8. Any public authority which operates a cashless tolling facility 16 shall establish procedures for owners to dispute any tolls and violation 17 fees incurred in connection with toll bills. Such procedures shall be 18 prominently displayed on such public authority's toll bills, notices of 19 violation and website. 20 9. Any public authority which operates a cashless tolling facility 21 shall conspicuously and prominently display the amount of tolls for 22 passenger vehicles and violation fees at that facility on signage of a 23 reasonable size in a manner reasonably calculated to provide ample and 24 adequate notice. 25 10. Nothing in this section shall require a public authority to 26 perform any action or forebear from performing an action that would in 27 the public authority's sole discretion impair any covenant with the 28 holders of any of the public authority's bonds, notes or other obli- 29 gations. 30 11. This section shall not apply to the payment of the tolls by means 31 of an electronic toll device that transmits information through an elec- 32 tronic toll collection system as defined in subdivision twelve of 33 section twenty-nine hundred eighty-five of this title. 34 12. Every public authority which operates a cashless tolling facility 35 shall undertake a public awareness campaign regarding the use of and 36 process involved with the payment of tolls under the Tolls by Mail 37 program at cashless tolling facilities. Each public authority shall 38 provide for sufficient methods to obtain an electronic device for the 39 charging of tolls through an electronic toll collection system as 40 defined in subdivision twelve of section twenty-nine hundred eighty-five 41 of this title, including, in the New York state thruway authority's 42 discretion, making such devices available at service areas owned or 43 operated by the thruway authority. 44 § 2. This act shall take effect immediately. 45 PART KK 46 Section 1. Paragraph (a) of subdivision 17 of section 1005 of the 47 public authorities law, as amended by chapter 494 of the laws of 2011, 48 is amended to read as follows: 49 (a) As deemed feasible and advisable by the trustees, to (i) finance 50 [and], design, develop, construct, implement, provide and administer 51 energy-related projects, programs and services for itself, for any other 52 public entity, any independent not-for-profit institution of higher 53 education within the state, [and] any recipient of [the] economic devel- 54 opment power, expansion power, replacement power, preservation power,S. 1508 184 A. 2008 1 high load factor power, municipal distribution agency power, [power for2jobs, and] or recharge New York power [programs administered] allocated 3 by the authority and any party located within the state under contract 4 with the authority to purchase power from the authority pursuant to this 5 title or any other law, and (ii) provide energy supply services for any 6 public entity. In establishing and providing high performance and 7 sustainable building programs and services authorized by this subdivi- 8 sion, the authority is authorized to consult standards, guidelines, 9 rating systems, and/or criteria established or adopted by other organ- 10 izations, including but not limited to the United States green building 11 council under its leadership in energy and environmental design (LEED) 12 programs, the green building initiative's green globes rating system, 13 and the American National Standards Institute. The source of any financ- 14 ing and/or loans provided by the authority for the purposes of this 15 subdivision may be the proceeds of notes issued pursuant to section one 16 thousand nine-a of this title, the proceeds of bonds issued pursuant to 17 section one thousand ten of this title, or any other available authority 18 funds. 19 § 2. Subparagraphs 2 and 3 of paragraph (b) of subdivision 17 of 20 section 1005 of the public authorities law, as added by chapter 477 of 21 the laws of 2009 and such subdivision as renumbered by section 16 of 22 part CC of chapter 60 of the laws of 2011, are amended to read as 23 follows: 24 (2) "Energy-related projects, programs and services" means projects, 25 programs and services related to energy efficiency and conservation 26 [projects and services], energy management, energy supply reliability, 27 clean energy technology [projects and services], and high performance 28 and sustainable building [programs and services], and the construction, 29 installation and/or operation of facilities or equipment done in 30 connection with any such projects, programs or services. 31 (3) "Energy services contract" or "contract" means a contract pursuant 32 to which the authority provides energy-related projects, programs and 33 services or energy supply services. 34 § 3. Paragraph (b) of subdivision 17 of section 1005 of the public 35 authorities law is amended by adding a new subparagraph 2-a to read as 36 follows: 37 (2-a) "Energy supply services" means services pursuant to which the 38 authority supplies energy, power and/or related credits or attributes to 39 a public entity, and includes the supply of any such energy products for 40 the purpose of meeting the energy-related needs of any municipal corpo- 41 ration and/or the residents of a municipal corporation under a community 42 choice aggregation program approved by the public service commission. 43 § 4. Paragraph (c) of subdivision 17 of section 1005 of the public 44 authorities law, as added by chapter 477 of the laws of 2009 and such 45 subdivision as renumbered by section 16 of part CC of chapter 60 of the 46 laws of 2011, is amended to read as follows: 47 (c) Any public entity is authorized to [enter into an energy services] 48 contract with the authority for energy-related projects, programs and 49 services and contract with the authority for energy supply services that 50 are authorized by this subdivision, provided that (i) the authority 51 issues and advertises written requests for proposals from third party 52 providers of goods and services in accordance with the authority's 53 procurement policies, procedures and/or guidelines, and (ii) the author- 54 ity shall not contract with a third party provider of goods and services 55 if such person is listed on a debarment list maintained and published in 56 accordance with New York law, as being ineligible to submit a bid on orS. 1508 185 A. 2008 1 be awarded any public contract or subcontract with the state, any munic- 2 ipal corporation or public body. For the purpose of meeting the energy 3 needs of any municipal corporation and its residents under a community 4 choice aggregation program approved by the public service commission, 5 the authority is authorized to contract with any entity that has entered 6 into a written agreement with such municipal corporation to administer a 7 community choice aggregation program or to procure energy or related 8 products for such municipal corporation and/or its residents under the 9 community choice aggregation program. 10 § 5. Subparagraph (i) of paragraph (d) of subdivision 17 of section 11 1005 of the public authorities law, as added by chapter 477 of the laws 12 of 2009 and such subdivision as renumbered by section 16 of part CC of 13 chapter 60 of the laws of 2011, is amended to read as follows: 14 (d)(i) Notwithstanding any other provision of law to the contrary, any 15 energy services contract entered into by the authority with any public 16 entity: (1) may have a term of up to thirty-five years duration, 17 provided, however, that the duration of any such contract shall not 18 exceed the reasonably expected useful life of any facilities or equip- 19 ment constructed, installed or operated as part of such energy-related 20 projects, programs and services subject to such contract; and (2) in the 21 case of an energy services contract with any municipal corporation or 22 agency, shall contain the following clause: "This contract shall be 23 deemed executory only to the extent of the monies appropriated and 24 available for the purpose of the contract, and no liability on account 25 therefor shall be incurred beyond the amount of such monies. It is 26 understood that neither this contract nor any representation by any 27 public employee or officer creates any legal or moral obligation to 28 request, appropriate or make available monies for the purpose of the 29 contract." A school district or board of cooperative educational 30 services may only enter into an energy services contract with the 31 authority for such maximum term as is prescribed in the regulations 32 promulgated by the commissioner of education or the useful life of the 33 facilities or equipment being constructed, installed or operated, which- 34 ever is less. 35 § 6. Section 1005 of the public authorities law is amended by adding a 36 new subdivision 9-a to read as follows: 37 9-a. To design, finance, develop, construct, install, lease, operate 38 and maintain electric vehicle charging stations throughout the state for 39 use by the public. 40 § 7. This act shall take effect immediately. 41 PART LL 42 Section 1. Section 1005 of the public authorities law is amended by 43 adding a new subdivision 26 to read as follows: 44 26. (a) The authority is authorized, as deemed feasible and advisable 45 by the trustees, to plan, finance, construct, acquire, operate, improve 46 and maintain, either alone or jointly with one or more other entities, 47 transmission facilities for the purpose of transmitting power and energy 48 generated by renewable generation projects that are located in whole or 49 in part outside state jurisdictional waters which supplies electric 50 power and energy to the state of New York that the authority deems 51 necessary and desirable in order to: (i) provide, support and maintain 52 an adequate and reliable supply of electric power and energy in the 53 state of New York, and/or (ii) assist the state in meeting state ener- 54 gy-related goals and standards.S. 1508 186 A. 2008 1 (b) The source of any financing and/or loans provided by the authority 2 for any of the actions authorized in paragraph (a) of this subdivision 3 may be the proceeds of notes issued pursuant to section one thousand 4 nine-a of this title, the proceeds of bonds issued pursuant to section 5 one thousand ten of this title, or any other available authority funds. 6 § 2. Section 1005 of the public authorities law is amended by adding a 7 new subdivision 27 to read as follows: 8 27. (a) Notwithstanding any other provision of this title, as deemed 9 feasible and advisable by the trustees, the authority is authorized to 10 undertake the following actions when it deems it necessary or desirable 11 to address the energy-related needs of any (i) authority customer, (ii) 12 public entity, or (iii) CCA community: 13 (1) supply power, energy, or related credits or attributes procured 14 through a competitive process, from competitive market sources, or 15 through negotiation on terms and conditions determined by the authority 16 to be reasonable, to any authority customer, public entity, or CCA 17 community; and 18 (2) (A) alone or jointly with one or more other entities, finance the 19 development of renewable energy generating projects that are located in 20 the state, including its territorial waters, and/or on property or in 21 waters under the jurisdiction or regulatory authority of the United 22 States, (B) purchase power, energy or related credits or attributes 23 produced from such renewable energy generating projects, and (C) allo- 24 cate and sell any such products to any authority customer, to any public 25 entity, and, for the purpose of meeting the energy-related needs of any 26 CCA community, to any municipal corporation that supplies electricity to 27 a CCA community or any other entity that has entered into a written 28 agreement with a CCA community to administer a CCA program or supply 29 electricity to a CCA community. 30 (b) Any public entity is hereby authorized to contract with the 31 authority for the purchase of power, energy, or related credits or 32 attributes which the authority is authorized to supply under paragraph 33 (a) of this subdivision. 34 (c) The source of any financing and/or loans provided by the authority 35 for any of the actions authorized in paragraph (a) of this subdivision 36 may be the proceeds of notes issued pursuant to section one thousand 37 nine-a of this title, the proceeds of bonds issued pursuant to section 38 one thousand ten of this title, or any other available authority funds. 39 (d) The authority shall complete and submit a report, on or before 40 January thirty-first, two thousand twenty, and annually thereafter on 41 those actions undertaken pursuant to this subdivision to the governor, 42 the speaker of the assembly, the temporary president of the senate, the 43 chair of the assembly ways and means committee, the chair of the senate 44 finance committee, the chair of the assembly energy committee and the 45 chair of the senate energy and telecommunications committee. Such 46 report, at a minimum, shall include: (i) a description of all renewable 47 energy generating projects developed in connection with the authori- 48 zation provided in this subdivision, including the total number of 49 projects developed, the renewable energy resource for each project, the 50 location of each project, and the nameplate generating capacity of each 51 project; (ii) identification of all public entities that have purchased 52 renewable power, energy, or related credits or attributes from the 53 authority that are derived from renewable energy generating projects 54 developed in connection with the authorization provided in this subdivi- 55 sion, including the projects from which such products were derived; 56 (iii) identification of all authority customers that have purchasedS. 1508 187 A. 2008 1 renewable power, energy, or related credits or attributes from the 2 authority that are derived from renewable energy generating projects 3 developed in connection with the authorization provided in this subdivi- 4 sion, including the projects from which such products were derived; and 5 (iv) the aggregate amount of increased renewable power and energy gener- 6 ation developed in connection with the authorization in this subdivi- 7 sion. 8 (e) For purposes of this subdivision, the following terms shall have 9 the meanings indicated in this paragraph unless the context indicates 10 another meaning or intent: 11 (i) "Authority customer" means an entity located in the state to which 12 the authority sells or is under contract to sell power or energy under 13 the authority in this title or any other law. 14 (ii) "CCA community" means one or more municipal corporations located 15 within the state that have provided for the purchase of power, energy, 16 or related credits or other attributes under a CCA program. 17 (iii) "CCA program" means a community choice aggregation program 18 approved by the public service commission. 19 (iv) "Public entity" has the meaning ascribed to that term by subpara- 20 graph five of paragraph (b) of subdivision seventeen of this section. 21 (v) "Renewable energy resources" means solar power, wind power, hydro- 22 electric, and any other generation resource authorized by any renewable 23 energy standard adopted by the state for the purpose of implementing any 24 state clean energy standard. 25 (vi) "Renewable energy generating project" means a project that gener- 26 ates power and energy by means of renewable energy resources, or that 27 stores and supplies power and energy generated by means of renewable 28 energy resources, and includes the construction, installation and/or 29 operation of ancillary facilities or equipment done in connection with 30 any such renewable energy generating projects, provided, however, that 31 such term shall not include the authority's Saint Lawrence hydroelectric 32 project or Niagara hydroelectric project. 33 (vii) "State" means the state of New York. 34 § 3. Nothing in this act is intended to limit, impair, or affect the 35 legal authority of the Power Authority of the State of New York under 36 any other provision of this title. 37 § 4. This act shall take effect immediately. 38 PART MM 39 Section 1. The state finance law is amended by adding a new section 40 99-ff to read as follows: 41 § 99-ff. Parks retail stores fund. 1. Notwithstanding sections eight, 42 eight-a and seventy of this chapter and any other provision of law, 43 rule, regulation or practice to the contrary, there is hereby estab- 44 lished in the joint custody of the state comptroller and the commission- 45 er of tax and finance a parks retail stores fund, which shall be classi- 46 fied by the state comptroller as an enterprise fund, and which shall 47 consist of all moneys received from private entities and individuals 48 from retail operations at state parks, recreational facilities and 49 historic sites operated by the office of parks, recreation and historic 50 preservation. 51 2. Moneys within the parks retail stores fund shall be made available 52 to the commissioner of parks, recreation and historic preservation for 53 services and expenses relating to the operation of retail stores and inS. 1508 188 A. 2008 1 support of the sale of retail goods at state parks, recreational facili- 2 ties and historic sites. 3 § 2. The state finance law is amended by adding a new section 99-gg to 4 read as follows: 5 § 99-gg. Golf fund. 1. Notwithstanding sections eight, eight-a and 6 seventy of this chapter and any other provision of law, rule, regulation 7 or practice to the contrary, there is hereby established in the joint 8 custody of the state comptroller and the commissioner of tax and finance 9 a golf fund, which shall be classified by the state comptroller as an 10 enterprise fund, and which shall consist of all moneys collected from 11 private entities and individuals for the use of state-owned golf cours- 12 es, any other miscellaneous fees associated with the use of such golf 13 courses, and sale of retail goods and services at state owned golf 14 courses. 15 2. Moneys within the golf fund shall be made available to the commis- 16 sioner of parks, recreation and historic preservation for services and 17 expenses of the office of parks, recreation and historic preservation 18 relating to the direct maintenance and operation of state owned golf 19 courses, and in support of the sale of retail goods and services at 20 state owned golf courses. 21 § 3. This act shall take effect immediately and shall be deemed to 22 have been in full force and effect on and after April 1, 2019. 23 PART NN 24 Section 1. Subdivision 7 of section 2611 of the public authorities 25 law, as amended by section 3 of part C of chapter 60 of the laws of 26 2012, is amended to read as follows: 27 7. To enter into contracts, leases and subleases and to execute all 28 instruments necessary or convenient for the conduct of authority busi- 29 ness, including agreements with the park district and any state agency 30 which administers, owns or supervises any olympic facility or Belleayre 31 Mountain ski center, as provided in sections twenty-six hundred twelve 32 and twenty-six hundred fourteen of this title, and including contracts 33 or other agreements to plan, prepare for and host olympic or other 34 national or international games or events where such contracts or agree- 35 ments would obligate the authority to defend, indemnify and/or insure 36 third parties in connection with, arising out of, or relating to such 37 games or events, such authority to be limited by the amount of any 38 lawful appropriation for that purpose. With respect to the two thousand 39 twenty-three world university games, the amount of such appropriation 40 shall be no less than sixteen million dollars; 41 § 2. This act shall take effect immediately. 42 PART OO 43 Section 1. Clauses 6 and 7 of subparagraph (B) of paragraph (i) of 44 subdivision (b) of section 349-g of the highway law, as added by chapter 45 78 of the laws of 2018, are amended to read as follows: 46 6. Within the waters of Flushing Bay South 45°-38'-00" East, a 47 distance of 1092.05' to a point in the waters of Flushing Bay, said 48 point also being the westerly line of Tax Map Lot 65 Block [789] 1789, 49 thence; 50 7. Along the westerly line of same South 05°-02'-52" East, a distance 51 of 456.35' to a point in the westerly line of Tax Map Lot 65 Block [789] 52 1789, thence;S. 1508 189 A. 2008 1 § 2. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after chapter 78 of the laws 3 of 2018 took effect; and, provided, however, that the amendments made to 4 section 349-g of the social services law by section one of this act 5 shall not affect the repeal of such section and shall be deemed repealed 6 therewith. 7 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 8 sion, section or part of this act shall be adjudged by any court of 9 competent jurisdiction to be invalid, such judgment shall not affect, 10 impair, or invalidate the remainder thereof, but shall be confined in 11 its operation to the clause, sentence, paragraph, subdivision, section 12 or part thereof directly involved in the controversy in which such judg- 13 ment shall have been rendered. It is hereby declared to be the intent of 14 the legislature that this act would have been enacted even if such 15 invalid provisions had not been included herein. 16 § 3. This act shall take effect immediately provided, however, that 17 the applicable effective date of Parts A through OO of this act shall be 18 as specifically set forth in the last section of such Parts.
