Bill Text: NY S02508 | 2021-2022 | 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 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M); permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations; permits additional levels of such expedited service (Part N); 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 program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); authorizes certain counties to permanently and temporarily convey certain easements and to temporarily alienate certain parklands to implement the Bay Park conveyance project (Part Z); extends certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); relates to the "Cleaner, Greener NY Act" (Part CC); relates to demonstrations and tests consisting of the operation of a motor vehicle equipped with autonomous vehicle technology and the required submission of a report relating thereto (Part GG); extends authorization for the dormitory authority to enter into certain design and construction management agreements (Part II); relates to the covered period for forbearance of residential mortgage payments (Part LL); authorizes utility and cable television assessments that provide funds to certain departments (Part WW).
Spectrum: Committee Bill
Status: (Passed) 2021-04-19 - SIGNED CHAP.58 [S02508 Detail]
Download: New_York-2021-S02508-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 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M); permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations; permits additional levels of such expedited service (Part N); 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 program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); authorizes certain counties to permanently and temporarily convey certain easements and to temporarily alienate certain parklands to implement the Bay Park conveyance project (Part Z); extends certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); relates to the "Cleaner, Greener NY Act" (Part CC); relates to demonstrations and tests consisting of the operation of a motor vehicle equipped with autonomous vehicle technology and the required submission of a report relating thereto (Part GG); extends authorization for the dormitory authority to enter into certain design and construction management agreements (Part II); relates to the covered period for forbearance of residential mortgage payments (Part LL); authorizes utility and cable television assessments that provide funds to certain departments (Part WW).
Spectrum: Committee Bill
Status: (Passed) 2021-04-19 - SIGNED CHAP.58 [S02508 Detail]
Download: New_York-2021-S02508-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 2508 A. 3008 SENATE - ASSEMBLY January 20, 2021 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the vehicle and traffic law and the general business law, in relation to penalties for commercial vehicles on parkways and penalties for overheight vehicles and to preventing bridge strikes (Part A); to amend the penal law and the vehicle and traffic law, in relation to transportation worker safety (Subpart A); to amend the vehicle and traffic law and the highway law, in relation to highway clearance (Subpart B); to amend the vehicle and traffic law, in relation to increased fines for injury to pedestrians (Subpart C); and to amend the vehicle and traffic law, in relation to work zone safety and outreach (Subpart D) (Part B); to amend the public authorities law, in relation to electronic bidding (Part C); to amend the public authorities law, in relation to the minimum amount for a procurement contract (Part D); to amend the penal law, in relation to including the intentional use of any toll highway, parkway, road, bridge or tunnel or entry into or remaining in a tolled central business district without payment of the lawful toll or charge as a theft of services; and to amend the vehicle and traffic law, in relation to the penalty imposed upon the operator of a vehicle with an altered or obscured license plate while on a toll highway, bridge or tunnel (Part E); to amend the public authorities law, in relation to procurements conducted by the New York City transit authority and the metropolitan transportation authority; to amend part OO of chapter 54 of the laws of 2016, amending the public authorities law relating to procurements by the New York City transit authority and the metropolitan transpor- tation authority, in relation to the effectiveness thereof; and to repeal certain provisions of the public authorities law relating ther- eto (Part F); to amend the public authorities law, in relation to metropolitan transportation authority capital projects and utility relocations (Part G); to amend the public authorities law, in relation to the use and occupancy of streets for transportation projects (Part EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12573-01-1S. 2508 2 A. 3008 H); to amend the penal law, in relation to assaulting or harassing certain employees of a transit agency or authority (Part I); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act relating to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part J); to amend the urban development corpo- ration act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); to amend the multiple dwelling law, in relation to temporary rules for certain multiple dwelling units used as joint living-work quarters; and providing for the repeal of such provisions upon expiration thereof (Part L); to amend section 3 of part S of chapter 58 of the laws of 2016, relating to trans- ferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, in relation to the effectiveness thereof (Part M); 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 corporations and to permit additional levels of such expe- dited service, in relation to the effectiveness thereof (Part N); to amend the business corporation law, the general associations law, the limited liability company law, the not-for-profit corporation law, the partnership law and the real property law, in relation to service of process (Part O); to amend the executive law, in relation to authoriz- ing remote notarization (Part P); to amend the environmental conserva- tion law, the executive law, and the public service law, in relation to making technical amendments related to the office of renewable energy siting (Part Q); in relation to the eligibility of certain renewable energy credits for purposes of compliance with local build- ing emissions requirements; and providing for the repeal of such provisions upon the expiration thereof (Part R); to amend the public authorities law, in relation to powers of the New York convention center operating corporation (Part S); to amend part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restruc- turing bonds to refinance the outstanding debt of the Long Island power authority, in relation to the utility debt securitization authority; and in relation to permitting the issuance of securitized restructuring bonds to finance system resiliency costs (Part T); to amend the economic development law, in relation to recharge New York power for eligible small businesses and not-for-profit corporations (Part U); to amend the insurance law, the public authorities law and the tax law, in relation to authorizing the power authority of the state of New York to form a pure captive insurance company (Part V); to authorize the energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); to amend the environmental conservation law and the state finance law, in relation to hunting; and to repeal certain provisions of the environmental conservation law relating thereto (Part X); to amend the environmental conservation law, in relation to prohibiting plastic carryout bags (Part Y); to authorize the county of Nassau, to permanently and tempo- rarily convey certain easements and to temporarily alienate certainS. 2508 3 A. 3008 parklands (Subpart A); to authorize the village of East Rockaway, county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands (Subpart B); and to authorize the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporar- ily alienate certain parklands (Subpart C) (Part Z); to amend the tax law, in relation to extending certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); to authorize the grant of certain easements to AlleCatt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest in the county of Allegany; and providing for the repeal of such provisions upon the expiration thereof (Part BB); to amend 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 the effectiveness thereof (Part CC); in relation to establishing the "rail advantaged housing act" (Part DD); to amend the public authorities law, in relation to the clean energy resources development and incentives program (Part EE); 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 traffic law, in relation to extending the expiration of the mandatory surcharge and victim assistance fee (Part FF); to amend the vehicle and traffic law, in relation to requiring persons to use one hand while operating a motor vehicle, unless such vehicle is engaged to perform steering function; and to amend part FF of chapter 55 of the laws of 2017 relating to motor vehicles equipped with autonomous vehicle technology, in relation to the required submission of a report on the demonstrations and tests of motor vehicles equipped with autonomous vehicle technolo- gy; and in relation to the effectiveness thereof (Part GG); to amend the vehicle and traffic law and the state finance law, in relation to temporarily requiring the department of motor vehicles to collect a one dollar convenience fee for modernization of information technology used by the department; and providing for the repeal of such provisions upon expiration thereof (Part HH); to amend chapter 58 of the laws of 2012, amending the public health law, relating to author- izing the dormitory authority to enter into certain design and construction management agreements, in relation to the effectiveness thereof (Part II); to amend the insurance law, in relation to unau- thorized providers of health services; and to authorize the super- intendent of financial services to convene a motor vehicle insurance task force to examine alternatives to the no-fault insurance system and deliver a report relating thereto (Part JJ); to repeal section 410 of the economic development law; and to amend the public authorities law, in relation to authorizing the department of economic development to designate centers for advanced technology program (Part KK); to amend the banking law, in relation to the forbearance of residential mortgage payments (Part LL); establishing the COVID-19 emergency eviction and foreclosure prevention for tenants and owners of commer- cial real property act of 2021; relating to a temporary stay of eviction proceedings of commercial tenants; and providing for the repeal of certain provisions upon expiration thereof (Subpart A); and relating to a temporary stay of mortgage foreclosure proceedings for commercial or multi-family real property; and providing for the repeal of certain provisions upon expiration thereof (Subpart B)(Part MM); toS. 2508 4 A. 3008 amend subpart H of part C of chapter 20 of the laws of 2015, appropri- ating money for certain municipal corporations and school districts, in relation to funding to local government entities from the urban development corporation (Part NN); to amend chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, in relation to making such provisions permanent; to amend the public service law, the public authorities law and the general business law, in relation to issuing a moratorium on utility termination of services; and providing for the repeal of certain provisions of the public service law relating thereto (Part OO); to amend the general obligations law, in relation to the discontinuance of the London interbank offered rate (Part PP); to amend the general business law, in relation to broadband service for low-income consum- ers (Part QQ); to amend the public authorities law, in relation to authorizing the dormitory authority of the state of New York to enter into certain loans (Part RR); to amend the New York state medical care facilities finance agency act, in relation to the ability to issue certain bonds and notes (Part SS); and to amend the economic develop- ment law and the tax law, in relation to establishing the small busi- ness return-to-work tax credit program (Subpart A); to amend the economic development law and the tax law, in relation to establishing the restaurant return-to-work tax credit program (Subpart B); and to amend the tax law and the state finance law, in relation to establish- ing the New York city musical and theatrical production tax credit (Subpart C) (Part TT) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state transportation, economic development 3 and environmental conservation budget for the 2021-2022 state fiscal 4 year. Each component is wholly contained within a Part identified as 5 Parts A through TT. The effective date for each particular provision 6 contained within such Part is set forth in the last section of such 7 Part. Any provision in any section contained within a Part, including 8 the effective date of the Part, which makes a reference to a section "of 9 this act", when used in connection with that particular component, shall 10 be deemed to mean and refer to the corresponding section of the Part in 11 which it is found. Section three of this act sets forth the general 12 effective date of this act. 13 PART A 14 Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and 15 traffic law, as amended by section 1 of part B of chapter 58 of the laws 16 of 2020, are amended to read as follows: 17 (h) Notwithstanding the provisions of subdivisions (b) and (c) of this 18 section, a person convicted of a traffic infraction for a violation of 19 any ordinance, order, rule, regulation or local law adopted pursuant to 20 one or more of the following provisions of this chapter: paragraphs two 21 and nine of subdivision (a) of section sixteen hundred twenty-one; 22 subdivision three of section sixteen hundred thirty; or subdivision five 23 of section seventy-one of the transportation law, prohibiting the opera-S. 2508 5 A. 3008 1 tion on a highway or parkway of a motor vehicle registered as a commer- 2 cial vehicle and having a gross vehicle weight rating of at least ten 3 thousand pounds but no more than twenty-six thousand pounds shall, for a 4 first conviction thereof, be punished by a fine of not more than [three5hundred fifty] one thousand dollars or by imprisonment of not more than 6 fifteen days or by both such fine and imprisonment; for a conviction of 7 a second violation, both of which were committed within a period of 8 eighteen months, such person shall be punished by a fine of not more 9 than [seven] one thousand five hundred dollars or by imprisonment for 10 not more than forty-five days or by both such fine and imprisonment; 11 upon a conviction of a third or subsequent violation, all of which were 12 committed within a period of eighteen months, such person shall be 13 punished by a fine of not more than [one] two thousand five hundred 14 dollars or by imprisonment of not more than ninety days or by both such 15 fine and imprisonment; provided, however, the provisions of this subdi- 16 vision shall not apply to a commercial motor vehicle as such term is 17 defined in paragraph (a) of subdivision four of section five hundred 18 one-a of this chapter. 19 (i) Notwithstanding the provisions of subdivisions (b) and (c) of this 20 section, a person convicted of a traffic infraction for a violation of 21 any ordinance, order, rule, regulation or local law adopted pursuant to 22 one or more of the following provisions of this chapter: paragraphs two 23 and nine of subdivision (a) of section sixteen hundred twenty-one; 24 subdivision three of section sixteen hundred thirty; or subdivision five 25 of section seventy-one of the transportation law, prohibiting the opera- 26 tion on a highway or parkway of a commercial motor vehicle as defined in 27 paragraph (a) of subdivision four of section five hundred one-a of this 28 chapter, for a first conviction thereof, be punished by a fine of not 29 more than [seven hundred] five thousand dollars or by imprisonment of 30 not more than fifteen days or by both such fine and imprisonment; for a 31 conviction of a second violation, both of which were committed within a 32 period of eighteen months, such person shall be punished by a fine of 33 not more than [one] seven thousand five hundred dollars or by imprison- 34 ment for not more than forty-five days or by both such fine and impri- 35 sonment; upon a conviction of a third or subsequent violation, all of 36 which were committed within a period of eighteen months, such person 37 shall be punished by a fine of not more than [two] ten thousand dollars 38 or by imprisonment of not more than ninety days or by both such fine and 39 imprisonment. In addition to the penalties provided for in this subdivi- 40 sion, the registration of the vehicle may be suspended for a period not 41 to exceed one year whether at the time of the violation the vehicle was 42 in charge of the owner or his agent. The provisions of section five 43 hundred ten of this chapter shall apply to such suspension except as 44 otherwise provided herein. 45 § 2. Subdivision 18-a of section 385 of the vehicle and traffic law, 46 as added by section 2 of part B of chapter 58 of the laws of 2020, is 47 amended to read as follows: 48 18-a. A violation of the provisions of [subdivisions] subdivision two 49 or fourteen of this section, where the violation relates to the height 50 of the vehicle, including a violation related to the operation, within a 51 city not wholly included within one county, of a vehicle which exceeds 52 the limitations provided for in the rules and regulations of the city 53 department of transportation of such city, shall be punishable by a fine 54 of not more than [one] five thousand dollars, or by imprisonment for not 55 more than thirty days, or by both such fine and imprisonment, for the 56 first offense; by a fine of not more than [two] seven thousand fiveS. 2508 6 A. 3008 1 hundred dollars, or by imprisonment for not more than sixty days, or by 2 both such fine and imprisonment, for the second or subsequent offense; 3 provided that a sentence or execution thereof for any violation under 4 this subdivision may not be suspended. For any violation of the 5 provisions of [subdivisions] subdivision two or fourteen of this section 6 where the violation relates to the height of the vehicle, including a 7 violation related to the operation, within a city not wholly included 8 within one county, of a vehicle which exceeds the limitations provided 9 for in the rules and regulations of the city department of transporta- 10 tion of such city, the registration of the vehicle may be suspended for 11 a period not to exceed one year whether at the time of the violation the 12 vehicle was in charge of the owner or his agent. The provisions of 13 section five hundred ten of this chapter shall apply to such suspension 14 except as otherwise provided herein. 15 § 3. Subdivision 54 of section 375 of the vehicle and traffic law, as 16 added by chapter 11 of the laws of 2020, is amended to read as follows: 17 54. Stretch limousine and commercial motor vehicle commercial GPS. (a) 18 Every stretch limousine and commercial motor vehicle registered in this 19 state shall be equipped with commercial global positioning system (GPS) 20 technology within no later than one year of the date upon which the 21 national highway traffic safety administration promulgates final regu- 22 lations establishing standards for commercial GPS. 23 (b) It shall be unlawful to operate or cause to be operated a stretch 24 limousine or commercial motor vehicle registered in this state on any 25 public highway or private road open to public motor vehicle traffic 26 unless such stretch limousine or commercial motor vehicle is equipped 27 with commercial global positioning system (GPS) technology as required 28 by this subdivision and such commercial global positioning system (GPS) 29 technology is used. The presence in such stretch limousine or commercial 30 motor vehicle of commercial global positioning system (GPS) technology 31 connected to a power source and in an operable condition is presumptive 32 evidence of its use by any person operating such stretch limousine or 33 commercial motor vehicle. Such presumption may be rebutted by any credi- 34 ble and reliable evidence which tends to show that such commercial 35 global positioning system (GPS) technology was not in use. 36 (c) For the purposes of this subdivision: 37 (i) "Stretch limousine" shall mean an altered motor vehicle having a 38 seating capacity of nine or more passengers, including the driver, 39 commonly referred to as a "stretch limousine" and which is used in the 40 business of transporting passengers for compensation; [and] 41 (ii) "Commercial motor vehicle" shall mean a motor vehicle or combina- 42 tion of vehicles having a gross combination weight rating of more than 43 ten thousand pounds used in commerce to transport property or persons 44 and shall include a tow truck with a gross vehicle weight rating of at 45 least eighty-six hundred pounds; and 46 (iii) "Commercial global positioning system (GPS) technology" shall 47 mean global positioning system (GPS) technology which has been specif- 48 ically designed to assist in the navigation of commercial motor vehi- 49 cles. 50 § 4. The vehicle and traffic law is amended by adding a new section 51 509-vv to read as follows: 52 § 509-vv. The use of non-commercial global positioning systems. One 53 year following the date upon which the national highway traffic safety 54 administration promulgates final regulations establishing standards for 55 commercial global positioning systems (GPS), the use of non-commercial 56 global positioning systems (GPS) by any commercial driver or commercialS. 2508 7 A. 3008 1 motor carrier, while engaged in the operation or directing the operation 2 of any commercial vehicle, is prohibited. For purposes of this section, 3 non-commercial global positioning system (GPS) shall mean any global 4 positioning technology which has not been specifically designed to 5 assist in the navigation of commercial vehicles. 6 § 5. The vehicle and traffic law is amended by adding a new section 7 509-vvv to read as follows: 8 § 509-vvv. Parkways notification. Commercial carriers must notify, in 9 writing, all commercial drivers in their employ of the prohibition 10 against operating commercial motor vehicles on parkways. 11 § 6. The vehicle and traffic law is amended by adding a new section 12 509-ii to read as follows: 13 § 509-ii. The use of non-commercial global positioning systems. One 14 year following the date upon which the national highway traffic safety 15 administration promulgates final regulations establishing standards for 16 commercial global positioning systems (GPS), the use of non-commercial 17 global positioning systems (GPS) by any bus driver or motor carrier, 18 while engaged in the operation or directing the operation of any bus, is 19 prohibited. For purposes of this section, non-commercial global posi- 20 tioning system (GPS) shall mean any global positioning technology which 21 has not been specifically designed to assist in the navigation of 22 commercial vehicles. 23 § 7. The vehicle and traffic law is amended by adding a new section 24 509-iii to read as follows: 25 § 509-iii. Parkways notification. Motor carriers must notify, in writ- 26 ing, all bus drivers in their employ of the prohibition against operat- 27 ing commercial motor vehicles on parkways. 28 § 8. The general business law is amended by adding a new section 396- 29 zz to read as follows: 30 § 396-zz. Commercial vehicle owner notifications of parkway prohibi- 31 tions. (a) All rental vehicle companies, as defined in section three 32 hundred ninety-six-z of this article, must notify in writing all author- 33 ized drivers or renters, as defined in section three hundred 34 ninety-six-z of this article, of the prohibition against commercial 35 motor vehicles operating on parkways for any rentals or leases of 36 commercial motor vehicles. For purposes of this section "commercial 37 motor vehicle" shall mean a motor vehicle or combination of vehicles 38 having a gross combination weight rating of more than ten thousand 39 pounds used to transport property or persons and shall include a tow 40 truck with a gross vehicle weight rating of at least eighty-six hundred 41 pounds. 42 (b) A conviction for a violation of this section shall be punishable 43 by a fine of not more than one thousand dollars. 44 § 9. Severability. If any clause, sentence, subdivision, paragraph, 45 section or part of this act be adjudged by any court of competent juris- 46 diction to be invalid, or if any federal agency determines in writing 47 that this act would render New York state ineligible for the receipt of 48 federal funds, such judgment or written determination shall not affect, 49 impair or invalidate the remainder thereof, but shall be confined in its 50 operation to the clause, sentence, subdivision, paragraph, section or 51 part thereof directly involved in the controversy in which such judgment 52 or written determination shall have been rendered. 53 § 10. This act shall take effect on the one hundred eightieth day 54 after it shall have become a law; provided, however, that this act shall 55 be deemed repealed if any federal agency determines in writing that this 56 act would render New York state ineligible for the receipt of federalS. 2508 8 A. 3008 1 funds or any court of competent jurisdiction finally determines that 2 this act would render New York state out of compliance with federal law 3 or regulation; and provided further that for sections four and six of 4 this act, the commissioner of transportation shall notify the legisla- 5 tive bill drafting commission upon the occurrence of the provisions of 6 sections four and six of this act, in order that the commission may 7 maintain an accurate and timely effective data base of the official text 8 of the laws of the state of New York in furtherance of effectuating the 9 provisions of section 44 of the legislative law and section 70-b of the 10 public officers law. Effective immediately, the addition, amendment 11 and/or repeal of any rule or regulation necessary for the implementation 12 of sections four and six of this act on its effective date are author- 13 ized to be made and completed on or before such effective date. 14 PART B 15 Section 1. This act enacts into law components of legislation which 16 are necessary to implement legislation relating to the safety of trans- 17 portation workers, pedestrians, and the traveling public. Each component 18 is wholly contained within a Subpart identified as Subparts A through D. 19 The effective date for each particular provision contained within such 20 Subpart is set forth in the last section of such Subpart. Any provision 21 in any section contained within a Subpart, including the effective date 22 of the Subpart, which makes a reference to a section "of this act", when 23 used in connection with that particular component, shall be deemed to 24 mean and refer to the corresponding section of the Subpart in which it 25 is found. Section three of this act sets forth the general effective 26 date of this act. 27 SUBPART A 28 Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, 29 subdivision 3 as amended by chapter 267 of the laws of 2016, and subdi- 30 vision 11 as separately amended by chapters 268 and 281 of the laws of 31 2016, are amended to read as follows: 32 3. With intent to prevent a peace officer, a police officer, prosecu- 33 tor as defined in subdivision thirty-one of section 1.20 of the criminal 34 procedure law, registered nurse, licensed practical nurse, public health 35 sanitarian, New York city public health sanitarian, sanitation enforce- 36 ment agent, New York city sanitation worker, a firefighter, including a 37 firefighter acting as a paramedic or emergency medical technician admin- 38 istering first aid in the course of performance of duty as such fire- 39 fighter, an emergency medical service paramedic or emergency medical 40 service technician, or medical or related personnel in a hospital emer- 41 gency department, a city marshal, a school crossing guard appointed 42 pursuant to section two hundred eight-a of the general municipal law, a 43 traffic enforcement officer, traffic enforcement agent, a highway worker 44 as defined in section one hundred eighteen-a of the vehicle and traffic 45 law, a motor vehicle inspector and motor carrier investigator as defined 46 in section one hundred eighteen-b of the vehicle and traffic law, 47 employee of the New York state department of motor vehicles or a county 48 clerk performing motor vehicle transactions on behalf of such depart- 49 ment, or employee of any entity governed by the public service law in 50 the course of performing an essential service, from performing a lawful 51 duty, by means including releasing or failing to control an animal under 52 circumstances evincing the actor's intent that the animal obstruct theS. 2508 9 A. 3008 1 lawful activity of such peace officer, police officer, prosecutor as 2 defined in subdivision thirty-one of section 1.20 of the criminal proce- 3 dure law, registered nurse, licensed practical nurse, public health 4 sanitarian, New York city public health sanitarian, sanitation enforce- 5 ment agent, New York city sanitation worker, firefighter, paramedic, 6 technician, city marshal, school crossing guard appointed pursuant to 7 section two hundred eight-a of the general municipal law, traffic 8 enforcement officer, traffic enforcement agent, highway worker as 9 defined by section one hundred eighteen-a of the vehicle and traffic 10 law, motor vehicle inspector and motor carrier investigator as defined 11 in section one hundred eighteen-b of the vehicle and traffic law, 12 employee of the New York state department of motor vehicles or a county 13 clerk performing motor vehicle transactions on behalf of such depart- 14 ment, or employee of an entity governed by the public service law, he or 15 she causes physical injury to such peace officer, police officer, prose- 16 cutor as defined in subdivision thirty-one of section 1.20 of the crimi- 17 nal procedure law, registered nurse, licensed practical nurse, public 18 health sanitarian, New York city public health sanitarian, sanitation 19 enforcement agent, New York city sanitation worker, firefighter, 20 paramedic, technician or medical or related personnel in a hospital 21 emergency department, city marshal, school crossing guard, traffic 22 enforcement officer, traffic enforcement agent, highway worker as 23 defined by section eighteen-a of the vehicle and traffic law, motor 24 vehicle inspector and motor carrier investigator as defined in section 25 one hundred eighteen-b of the vehicle and traffic law, employee of the 26 New York state department of motor vehicles or a county clerk performing 27 motor vehicle transactions on behalf of such department, or employee of 28 an entity governed by the public service law; or 29 11. With intent to cause physical injury to a train operator, ticket 30 inspector, conductor, signalperson, bus operator, station agent, station 31 cleaner or terminal cleaner employed by any transit agency, authority or 32 company, public or private, whose operation is authorized by New York 33 state or any of its political subdivisions, a city marshal, a school 34 crossing guard appointed pursuant to section two hundred eight-a of the 35 general municipal law, a traffic enforcement officer, traffic enforce- 36 ment agent, a highway worker as defined in section one hundred eigh- 37 teen-a of the vehicle and traffic law, a motor vehicle inspector and 38 motor carrier investigator as defined in section one hundred eighteen-b 39 of the vehicle and traffic law, employee of the New York state depart- 40 ment of motor vehicles or a county clerk performing motor vehicle trans- 41 actions on behalf of such department, prosecutor as defined in subdivi- 42 sion thirty-one of section 1.20 of the criminal procedure law, 43 sanitation enforcement agent, New York city sanitation worker, public 44 health sanitarian, New York city public health sanitarian, registered 45 nurse, licensed practical nurse, emergency medical service paramedic, or 46 emergency medical service technician, he or she causes physical injury 47 to such train operator, ticket inspector, conductor, signalperson, bus 48 operator, station agent, station cleaner or terminal cleaner, city 49 marshal, school crossing guard appointed pursuant to section two hundred 50 eight-a of the general municipal law, traffic enforcement officer, traf- 51 fic enforcement agent, highway worker as defined in section one hundred 52 eighteen-a of the vehicle and traffic law, motor vehicle inspector and 53 motor carrier investigator as defined in section one hundred eighteen-b 54 of the vehicle and traffic law, employee of the New York state depart- 55 ment of motor vehicles or a county clerk performing motor vehicle trans- 56 actions on behalf of such department, prosecutor as defined in subdivi-S. 2508 10 A. 3008 1 sion thirty-one of section 1.20 of the criminal procedure law, 2 registered nurse, licensed practical nurse, public health sanitarian, 3 New York city public health sanitarian, sanitation enforcement agent, 4 New York city sanitation worker, emergency medical service paramedic, or 5 emergency medical service technician, while such employee is performing 6 an assigned duty on, or directly related to, the operation of a train or 7 bus, including the cleaning of a train or bus station or terminal, or 8 such city marshal, school crossing guard, traffic enforcement officer, 9 traffic enforcement agent, highway worker as defined by section one 10 hundred eighteen-a of the vehicle and traffic law, motor vehicle inspec- 11 tor and motor carrier investigator as defined in section one hundred 12 eighteen-b of the vehicle and traffic law, employee of the New York 13 state department of motor vehicles or a county clerk performing motor 14 vehicle transactions on behalf of such department, prosecutor as defined 15 in subdivision thirty-one of section 1.20 of the criminal procedure law, 16 registered nurse, licensed practical nurse, public health sanitarian, 17 New York city public health sanitarian, sanitation enforcement agent, 18 New York city sanitation worker, emergency medical service paramedic, or 19 emergency medical service technician is performing an assigned duty; or 20 § 2. The penal law is amended by adding a new section 120.19 to read 21 as follows: 22 § 120.19 Menacing a highway worker. 23 A person is guilty of menacing a highway worker when he or she inten- 24 tionally places or attempts to place a highway worker in reasonable fear 25 of death, imminent serious physical injury or physical injury. For 26 purposes of this section, a highway worker shall have the same meaning 27 as defined by section one hundred eighteen-a of the vehicle and traffic 28 law. 29 Menacing a highway worker is a class E felony. 30 § 3. The vehicle and traffic law is amended by adding two new sections 31 118-a and 118-b to read as follows: 32 § 118-a. Highway worker. Any person employed by or on behalf of the 33 state, a county, city, town or village, a public authority, a local 34 authority, or a public utility company, or the agent or contractor of 35 any such entity, who has been assigned to perform work on a highway, 36 including maintenance, repair, flagging, utility work, construction, 37 reconstruction or operation of equipment on public highway infrastruc- 38 ture and associated rights-of-way in highway work areas, and shall also 39 include any flagperson as defined in section one hundred fifteen-b of 40 this article. 41 § 118-b. Motor vehicle inspector and motor carrier investigator. Any 42 person employed by the New York state department of transportation who 43 has been assigned to perform inspections of any motor vehicles or inves- 44 tigation of any carriers regulated by the commissioner of the New York 45 state department of transportation. 46 § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of 47 section 510 of the vehicle and traffic law, as added by section 1 of 48 part B of chapter 55 of the laws of 2014, are amended to read as 49 follows: 50 (xii) of a second or subsequent conviction of a violation of section 51 twelve hundred twenty-five-c or section twelve hundred twenty-five-d of 52 this chapter committed where such person is the holder of a probationary 53 license, as defined in subdivision four of section five hundred one of 54 this title, at the time of the commission of such violation and such 55 second or subsequent violation was committed within six months following 56 the restoration or issuance of such probationary license; [or]S. 2508 11 A. 3008 1 (xiii) of a second or subsequent conviction of a violation of section 2 twelve hundred twenty-five-c or section twelve hundred twenty-five-d of 3 this chapter committed where such person is the holder of a class DJ or 4 MJ learner's permit or a class DJ or MJ license at the time of the 5 commission of such violation and such second or subsequent violation was 6 committed within six months following the restoration of such permit or 7 license; or 8 (xiv) of menacing a highway worker, or menacing in the first, second 9 or third degree, as defined in article one hundred twenty of the penal 10 law, where such offense was committed against a highway worker. 11 § 5. The vehicle and traffic law is amended by adding a new section 12 1221-a to read as follows: 13 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 14 cle shall enter or intrude into an active work zone except upon direc- 15 tion from a flagperson, police officer, or other visibly designated 16 person in charge of traffic control or upon direction from a traffic 17 control device regulating entry therein. For purposes of this section, 18 the term "active work zone" shall mean the physical area of a highway, 19 street, or private road on which construction, maintenance, or utility 20 work is being conducted, which area is marked by signs, channeling 21 devices, barriers, pavement markings, or work vehicles, and where work- 22 ers are physically present. 23 2. A violation of subdivision one of this section shall constitute a 24 class B misdemeanor punishable by a fine of not less than two hundred 25 fifty dollars, nor more than five hundred dollars or by a period of 26 imprisonment not to exceed three months, or by both such fine and impri- 27 sonment. 28 § 6. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law. 30 SUBPART B 31 Section 1. Section 600 of the vehicle and traffic law is amended by 32 adding a new subdivision 4 to read as follows: 33 4. Any person operating a motor vehicle involved in an accident not 34 involving personal injury or death who moves such vehicle to a location 35 off the roadway but as near as possible to the place where the damage 36 occurred, so as not to obstruct the regular flow of traffic, shall not 37 be construed to be in violation of subdivision one of this section 38 because of such movement. 39 § 2. Subdivision 2 of section 15 of the highway law, as amended by 40 chapter 1110 of the laws of 1971, is amended to read as follows: 41 2. The commissioner [of transportation], a police officer, or any 42 person acting at the direction of the commissioner or a police officer 43 shall have the power to cause the immediate removal, from the right of 44 way of any state highway, of any vehicle, cargo, or debris which 45 obstructs or interferes with the use of such a highway for public trav- 46 el; or which obstructs or interferes with the construction, recon- 47 struction or maintenance of such a highway; or which obstructs or inter- 48 feres with the clearing or removal of snow or ice from such a highway; 49 or which obstructs or interferes with any operation of the department of 50 transportation during a public emergency. The commissioner, or a police 51 officer, or any person acting at the direction of the commissioner or a 52 police officer, shall not be liable for any damage to such vehicle, 53 cargo, or debris, unless such removal was carried out in a reckless or 54 grossly negligent manner.S. 2508 12 A. 3008 1 § 3. This act shall take effect immediately. 2 SUBPART C 3 Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi- 4 cle and traffic law, as amended by chapter 333 of the laws of 2010, is 5 amended to read as follows: 6 1. A driver of a motor vehicle who causes physical injury as defined 7 in article ten of the penal law to a pedestrian or bicyclist while fail- 8 ing to exercise due care in violation of subdivision (a) of this 9 section, shall be guilty of a traffic infraction punishable by a fine of 10 not more than [five hundred] one thousand dollars or by imprisonment for 11 not more than fifteen days or by both such fine and imprisonment. 12 § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and 13 traffic law, as amended by chapter 333 of the laws of 2010, is amended 14 to read as follows: 15 1. A driver of a motor vehicle who causes serious physical injury as 16 defined in article ten of the penal law to a pedestrian or bicyclist 17 while failing to exercise due care in violation of subdivision (a) of 18 this section, shall be guilty of a traffic infraction punishable by a 19 fine of not more than [seven hundred fifty] one thousand five hundred 20 dollars or by imprisonment for not more than fifteen days or by required 21 participation in a motor vehicle accident prevention course pursuant to 22 paragraph (e-1) of subdivision two of section 65.10 of the penal law or 23 by any combination of such fine, imprisonment or course, and by suspen- 24 sion of a license or registration pursuant to subparagraph (xiv) or (xv) 25 of paragraph b of subdivision two of section five hundred ten of this 26 chapter. 27 § 3. Subdivision (d) of section 1146 of the vehicle and traffic law, 28 as amended by chapter 333 of the laws of 2010, is amended to read as 29 follows: 30 (d) A violation of subdivision (b) or (c) of this section committed by 31 a person who has previously been convicted of any violation of such 32 subdivisions within the preceding five years, shall constitute a class B 33 misdemeanor punishable by a fine of not more than [one] two thousand 34 dollars in addition to any other penalties provided by law. 35 § 4. This act shall take effect on the one hundred eightieth day after 36 it shall have become a law. 37 SUBPART D 38 Section 1. The vehicle and traffic law is amended by adding a new 39 section 1221-a to read as follows: 40 § 1221-a. Work zone safety and outreach. The governor's traffic safety 41 committee, upon consultation with the commissioner of transportation, 42 the superintendent of state police, the commissioner of motor vehicles, 43 the chairman of the New York state thruway authority, local law enforce- 44 ment agencies, and representatives for contractors and laborers, shall 45 design and implement a public education and outreach program to increase 46 motorist awareness of the importance of highway work zone safety, to 47 reduce the number of work zone incidents, including speeding, unauthor- 48 ized intrusions into work zones, and any conduct resulting in threats or 49 injuries to highway workers, and to increase and promote work zone safe- 50 ty. 51 § 2. This act shall take effect immediately.S. 2508 13 A. 3008 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section, subpart or part of this act shall be adjudged by a court 3 of competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section, 6 subpart or part thereof directly involved in the controversy in which 7 such judgment shall have been rendered. It is hereby declared to be the 8 intent of the legislature that this act would have been enacted even if 9 such invalid provisions had not been included herein. 10 § 3. This act shall take effect immediately, provided, however, that 11 the applicable effective date of Subparts A through D of this act shall 12 be as specifically set forth in the last section of such Subparts. 13 PART C 14 Section 1. Subdivision 1 of section 359 of the public authorities law, 15 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is 16 amended to read as follows: 17 1. On assuming jurisdiction of a thruway section or connection or any 18 part thereof, or of a highway connection, the authority shall proceed 19 with the construction, reconstruction or improvement thereof. All such 20 work shall be done pursuant to a contract or contracts which shall be 21 let to the lowest responsible bidder, by sealed proposals publicly 22 opened, or by electronically secure proposal submission as permitted by 23 the authority and electronically posted for public view, after public 24 advertisement and upon such terms and conditions as the authority shall 25 require; provided, however, that the authority may reject any and all 26 proposals and may advertise for new proposals, as herein provided, if in 27 its opinion, the best interests of the authority will thereby be 28 promoted; provided further, however, that at the request of the authori- 29 ty, all or any portion of such work, together with any engineering 30 required by the authority in connection therewith, shall be performed by 31 the commissioner and his subordinates in the department of transporta- 32 tion as agents for, and at the expense of, the authority. 33 § 2. This act shall take effect immediately. 34 PART D 35 Section 1. Section 359-a of the public authorities law, as amended by 36 section 7 of part TT of chapter 54 of the laws of 2016, is amended to 37 read as follows: 38 § 359-a. Procurement contracts. For the purposes of section twenty- 39 eight hundred seventy-nine of this chapter as applied to the authority, 40 the term "procurement contract" shall mean any written agreement for the 41 acquisition of goods or services of any kind by the authority in the 42 actual or estimated amount of [fifteen] fifty thousand dollars or more. 43 § 2. This act shall take effect immediately. 44 PART E 45 Section 1. Subdivision 3 of section 165.15 of the penal law is amended 46 to read as follows: 47 3. With intent to obtain railroad, subway, bus, air, taxi or any other 48 public transportation service or to use any toll highway, parkway, road, 49 bridge or tunnel or to enter or remain in the tolled central business 50 district described in section seventeen hundred four of the vehicle andS. 2508 14 A. 3008 1 traffic law without payment of the lawful charge or toll therefor, or to 2 avoid payment of the lawful charge or toll for such transportation 3 service which has been rendered to him or her or for such use of any 4 toll highway, parkway, road, bridge or tunnel or for such entering or 5 remaining in such tolled central business district, he or she obtains or 6 attempts to obtain such service or to use any toll highway, parkway, 7 road, bridge or tunnel or to enter or remain in a tolled central busi- 8 ness district or avoids or attempts to avoid payment therefor by force, 9 intimidation, stealth, deception or mechanical tampering, or by unjusti- 10 fiable failure or refusal to pay; or 11 § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and 12 traffic law, as amended by chapter 109 of the laws of 2005, is amended 13 and a new paragraph (c) is added to read as follows: 14 (b) Number plates shall be kept clean and in a condition so as to be 15 easily readable and shall not be covered by glass or any plastic materi- 16 al, and shall not be knowingly covered or coated with any artificial or 17 synthetic material or substance that conceals or obscures such number 18 plates or that distorts a recorded or photographic image of such number 19 plates, and the view of such number plates shall not be obstructed by 20 any part of the vehicle or by anything carried thereon[, except for a21receiver-transmitter issued by a publicly owned tolling facility in22connection with electronic toll collection when such receiver-transmit-23ter is affixed to the exterior of a vehicle in accordance with mounting24instructions provided by the tolling facility]. 25 (c) It shall be unlawful for any person to operate, drive or park a 26 motor vehicle on a toll highway, bridge and/or tunnel facility or enter 27 or remain in the tolled central business district described in section 28 seventeen hundred four of this chapter, under the jurisdiction of the 29 tolling authority, if such number plate is not easily readable, nor 30 shall any number plate be covered by glass or any plastic material, and 31 shall not be knowingly covered or coated with any artificial or synthet- 32 ic material or substance that conceals or obscures such number plates, 33 or that distorts a recorded or photographic image of such number plates, 34 and the view of such number plates shall not be obstructed by any part 35 of the vehicle or by anything carried thereon, except for a receiver- 36 transmitter issued by a publicly owned tolling authority in connection 37 with electronic toll collection when such receiver-transmitter is 38 affixed to the exterior of a vehicle in accordance with mounting 39 instructions provided by the tolling authority. For purposes of this 40 paragraph, "tolling authority" shall mean every public authority which 41 operates a toll highway, bridge and/or tunnel or a central business 42 district tolling program as well as the Port Authority of New York and 43 New Jersey, a bi-state agency created by compact set forth in chapter 44 one hundred fifty-four of the laws of nineteen hundred twenty-one, as 45 amended. 46 § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as 47 amended by chapter 61 of the laws of 1989 and as renumbered by chapter 48 648 of the laws of 2006, is amended to read as follows: 49 8. The violation of this section shall be punishable by a fine of not 50 less than twenty-five nor more than two hundred dollars except for 51 violations of paragraph (c) of subdivision one of this section which 52 shall be punishable by a fine of not less than one hundred nor more than 53 five hundred dollars. 54 § 4. This act shall take effect on the ninetieth day after it shall 55 have become a law.S. 2508 15 A. 3008 1 PART F 2 Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 1209 of the 3 public authorities law are REPEALED. 4 § 2. Paragraphs (a) and (b) of subdivision 7 of section 1209 of the 5 public authorities law, as amended by section 3 of subpart C of part ZZZ 6 of chapter 59 of the laws of 2019, are amended to read as follows: 7 (a) Except as otherwise provided in this section, all purchase 8 contracts for supplies, materials or equipment involving an estimated 9 expenditure in excess of one million dollars and all contracts for 10 public work involving an estimated expenditure in excess of one million 11 dollars shall be awarded by the authority to the lowest responsible 12 bidder after obtaining [sealed] bids in the manner hereinafter set 13 forth. The aforesaid shall not apply to contracts for personal, archi- 14 tectural, engineering or other professional services. The authority may 15 reject all bids and obtain new bids in the manner provided by this 16 section when it is deemed in the public interest to do so or, in cases 17 where two or more responsible bidders submit identical bids which are 18 the lowest bids, award the contract to any of such bidders or obtain new 19 bids from such bidders. Nothing in this paragraph shall obligate the 20 authority to seek new bids after the rejection of bids or after cancel- 21 lation of an invitation to bid. Nothing in this section shall prohibit 22 the evaluation of bids on the basis of costs or savings including life 23 cycle costs of the item to be purchased, discounts, and inspection 24 services so long as the invitation to bid reasonably sets forth the 25 criteria to be used in evaluating such costs or savings. Life cycle 26 costs may include but shall not be limited to costs or savings associ- 27 ated with installation, energy use, maintenance, operation and salvage 28 or disposal. 29 (b) Section twenty-eight hundred seventy-nine of this chapter shall 30 apply to the authority's acquisition of goods or services of any kind, 31 in the actual or estimated amount of fifteen thousand dollars or more, 32 provided that (i) a contract for services in the actual or estimated 33 amount of one million dollars or less shall not require approval by the 34 board of the authority regardless of the length of the period over which 35 the services are rendered, and provided further that a contract for 36 services in the actual or estimated amount in excess of one million 37 dollars shall require approval by the board of the authority regardless 38 of the length of the period over which the services are rendered unless 39 such a contract is awarded to the lowest responsible bidder after 40 obtaining [sealed] bids and (ii) the board of the authority may by 41 resolution adopt guidelines that authorize the award of contracts to 42 small business concerns, to service disabled veteran owned businesses 43 certified pursuant to article seventeen-B of the executive law, or 44 minority or women-owned business enterprises certified pursuant to arti- 45 cle fifteen-A of the executive law, or purchases of goods or technology 46 that are recycled or remanufactured, in an amount not to exceed one 47 million dollars without a formal competitive process and without further 48 board approval. The board of the authority shall adopt guidelines which 49 shall be made publicly available for the awarding of such contract with- 50 out a formal competitive process. 51 § 3. Paragraphs (a) and (b) of subdivision 8 of section 1209 of the 52 public authorities law, paragraph (a) as amended by chapter 725 of the 53 laws of 1993 and paragraph (b) as added by chapter 929 of the laws of 54 1986, are amended to read as follows:S. 2508 16 A. 3008 1 (a) Advertisement for bids, when required by this section, shall be 2 published at least once in [a newspaper of general circulation in the3area served by the authority and in] the procurement opportunities news- 4 letter published pursuant to article four-C of the economic development 5 law provided that, notwithstanding the provisions of article four-C of 6 the economic development law, an advertisement shall only be required 7 when required by this section. Publication in [a newspaper of general8circulation in the area served or in] the procurement opportunities 9 newsletter shall not be required if bids for contracts for supplies, 10 materials or equipment are of a type regularly purchased by the authori- 11 ty and are to be solicited from a list of potential suppliers, if such 12 list is or has been developed consistent with the provisions of subdivi- 13 sion eleven of this section. Any such advertisement shall contain a 14 statement of: (i) the time [and place where] by which bids received 15 pursuant to any notice requesting [sealed] bids [will be publicly opened16and read] shall be submitted; (ii) the name of the contracting agency; 17 (iii) the contract identification number; (iv) a brief description of 18 the public work, supplies, materials, or equipment sought, the location 19 where work is to be performed, goods are to be delivered or services 20 provided and the contract term; (v) the [address where] manner in which 21 bids or proposals are to be submitted; (vi) the date when bids or 22 proposals are due; (vii) a description of any eligibility or qualifica- 23 tion requirement or preference; (viii) a statement as to whether the 24 contract requirements may be fulfilled by a subcontracting, joint 25 venture, or co-production arrangement; (ix) any other information deemed 26 useful to potential contractors; and (x) the name, address, and tele- 27 phone number of the person to be contacted for additional information. 28 At least [fifteen] ten business days shall elapse between the first 29 publication of such advertisement or the solicitation of bids, as the 30 case may be, and the date of opening and reading of bids. 31 (b) The authority may designate any officer or employee to [open the32bids at the time and place bids are to be opened and may designate an33officer to] award the contract to the lowest responsible bidder. [Such34designee shall make a record of all bids in such form and detail as the35authority shall prescribe.] All bids [received] shall be received either 36 through an electronic bidding platform and electronically posted for 37 public view, or publicly opened and read, in either case at the time 38 [and], place and in the manner specified in the advertisement or speci- 39 fied at the time of solicitation, or to which the opening and reading or 40 posting have been adjourned by the authority. All bidders shall be noti- 41 fied of the time and place of any such adjournment. The authority's 42 designated officer or employee shall make a record of all bids in such 43 form and detail as the authority shall prescribe. 44 § 4. Paragraph (e) of subdivision 9 of section 1209 of the public 45 authorities law, as added by chapter 929 of the laws of 1986, is amended 46 to read as follows: 47 (e) the item is available through an existing contract between a 48 vendor and [(i) another public authority provided that such other49authority utilized a process of competitive bidding or a process of50competitive requests for proposals to award such contract or (ii) the51state of New York or the city of New York,] any department, agency or 52 instrumentality of the United States government and/or any department, 53 agency, office, political subdivision or instrumentality of any state or 54 states provided that in any case when the authority under this paragraph 55 determines that obtaining such item thereby would be in the public 56 interest and sets forth the reasons for such determination. The authori-S. 2508 17 A. 3008 1 ty shall accept sole responsibility for any payment due the vendor as a 2 result of the authority's order; or 3 § 5. Paragraphs (f) and (g) of subdivision 9 of section 1209 of the 4 public authorities law are REPEALED. 5 § 6. Section 1209 of the public authorities law is amended by adding a 6 new subdivision 9-a to read as follows: 7 9-a. Subdivision seven of this section notwithstanding, the authority 8 may award design-build contracts or contracts for the purchase or reha- 9 bilitation of rapid transit cars or omnibuses pursuant to a process of 10 competitive request for proposals as hereinafter set forth. 11 (a) (i) For purposes of this section, a process for competitive 12 request for proposals shall mean a method of soliciting proposals and 13 awarding a contract on the basis of a formal evaluation of the charac- 14 teristics, such as quality, cost, delivery schedule and financing of 15 such proposals against stated selection criteria. Public notice of the 16 requests for proposals shall be given in the same manner as provided in 17 subdivision eight of this section and shall include the selection crite- 18 ria. In the event the authority makes a material change in the selection 19 criteria from those previously stated in the notice, it will inform all 20 proposers of such change and permit proposers to modify their proposals. 21 (ii) The authority may award a contract pursuant to this paragraph 22 only after a resolution approved by a two-thirds vote of its members 23 then in office at a public meeting of the authority with such resolution 24 (A) disclosing the other proposers and the substance of their proposals, 25 (B) summarizing the negotiation process including the opportunities, if 26 any, available to proposers to present and modify their proposals, and 27 (C) setting forth the criteria upon which the selection was made. 28 (iii) Nothing in this paragraph shall require or preclude (A) negoti- 29 ations with any proposers following the receipt of responses to the 30 request for proposals, or (B) the rejection of any or all proposals at 31 any time. Upon the rejection of all proposals, the authority may solicit 32 new proposals or bids in any manner prescribed in this section. 33 (b)(i) The authority may issue a competitive request for proposals 34 pursuant to the procedures of paragraph (a) of this subdivision for the 35 purchase or rehabilitation of rapid transit cars and omnibuses. Any such 36 request may include among the stated selection criteria the performance 37 of all or a portion of the contract at sites within the state of New 38 York or the use of goods produced or services provided within the state 39 of New York, provided however that in no event shall the authority award 40 a contract to a manufacturer whose final offer, as expressed in unit 41 cost is more than ten percent higher than the unit cost of any qualified 42 competing final offer, if the sole basis for such award is that the 43 higher priced offer includes more favorable provision for the perform- 44 ance of the contract within the state of New York or the use of goods 45 produced or services provided within the state of New York, and further 46 provided that the authority's discretion to award a contract to any 47 manufacturer shall not be so limited if a basis for such award, as 48 determined by the authority, is superior financing, delivery schedule, 49 life cycle, reliability, or any other factor the authority deems rele- 50 vant to its operations. 51 (ii) The authority may award a contract pursuant to this paragraph 52 only after a resolution approved by a vote of not less than two-thirds 53 of its members then in office at a public meeting of the authority with 54 such resolution (A) disclosing the other proposers and the substance of 55 their proposals, (B) summarizing the negotiation process including the 56 opportunities, if any, available to proposers to present and modifyS. 2508 18 A. 3008 1 their proposals, and (C) setting forth the criteria upon which the 2 selection was made. 3 (iii) Nothing in this paragraph shall require or preclude (A) negoti- 4 ations with any proposers following the receipt of responses to the 5 request for proposals, or (B) the rejection of any or all proposals at 6 any time. Upon the rejection of all proposals, the authority may solicit 7 new proposals or bids in any manner prescribed in this section. 8 § 7. Subdivision 10 of section 1209 of the public authorities law, as 9 added by chapter 929 of the laws of 1986, is amended to read as follows: 10 10. Upon the adoption of a resolution by the authority stating, for 11 reasons of efficiency, economy, compatibility or maintenance reliabil- 12 ity, that there is a need for standardization, the authority may estab- 13 lish procedures whereby particular supplies, materials or equipment are 14 identified on a qualified products list. Such procedures shall provide 15 for products or vendors to be added to or deleted from such list and 16 shall include provisions for public advertisement of the manner in which 17 such lists are compiled. The authority shall review such list no less 18 than [twice] once a year for the purpose of making modifications there- 19 to. Contracts for particular supplies, materials or equipment identi- 20 fied on a qualified products list may be awarded by the authority to the 21 lowest responsible bidder after obtaining [sealed] bids in accordance 22 with this section or without competitive [sealed] bids in instances when 23 the item is available from only a single source, except that the author- 24 ity may dispense with advertising provided that it mails copies of the 25 invitation to bid to all vendors of the particular item on the qualified 26 products list. 27 § 8. Subdivision 1 of section 1265-a of the public authorities law is 28 REPEALED. 29 § 9. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the 30 public authorities law, as amended by section 3-a of subpart C of part 31 ZZZ of chapter 59 of the laws of 2019, are amended to read as follows: 32 (a) Except as otherwise provided in this section, all purchase 33 contracts for supplies, materials or equipment involving an estimated 34 expenditure in excess of one million dollars and all contracts for 35 public work involving an estimated expenditure in excess of one million 36 dollars shall be awarded by the authority to the lowest responsible 37 bidder after obtaining [sealed] bids in the manner hereinafter set 38 forth. For purposes hereof, contracts for public work shall exclude 39 contracts for personal, engineering and architectural, or professional 40 services. The authority may reject all bids and obtain new bids in the 41 manner provided by this section when it is deemed in the public interest 42 to do so or, in cases where two or more responsible bidders submit iden- 43 tical bids which are the lowest bids, award the contract to any of such 44 bidders or obtain new bids from such bidders. Nothing in this paragraph 45 shall obligate the authority to seek new bids after the rejection of 46 bids or after cancellation of an invitation to bid. Nothing in this 47 section shall prohibit the evaluation of bids on the basis of costs or 48 savings including life cycle costs of the item to be purchased, 49 discounts, and inspection services so long as the invitation to bid 50 reasonably sets forth the criteria to be used in evaluating such costs 51 or savings. Life cycle costs may include but shall not be limited to 52 costs or savings associated with installation, energy use, maintenance, 53 operation and salvage or disposal. 54 (b) Section twenty-eight hundred seventy-nine of this chapter shall 55 apply to the authority's acquisition of goods or services of any kind, 56 in the actual or estimated amount of fifteen thousand dollars or more,S. 2508 19 A. 3008 1 provided (i) that a contract for services in the actual or estimated 2 amount of one million dollars or less shall not require approval by the 3 board of the authority regardless of the length of the period over which 4 the services are rendered, and provided further that a contract for 5 services in the actual or estimated amount in excess of one million 6 dollars shall require approval by the board of the authority regardless 7 of the length of the period over which the services are rendered unless 8 such a contract is awarded to the lowest responsible bidder after 9 obtaining [sealed] bids, and (ii) the board of the authority may by 10 resolution adopt guidelines that authorize the award of contracts to 11 small business concerns, to service disabled veteran owned businesses 12 certified pursuant to article seventeen-B of the executive law, or 13 minority or women-owned business enterprises certified pursuant to arti- 14 cle fifteen-A of the executive law, or purchases of goods or technology 15 that are recycled or remanufactured, in an amount not to exceed one 16 million dollars without a formal competitive process and without further 17 board approval. The board of the authority shall adopt guidelines which 18 shall be made publicly available for the awarding of such contract with- 19 out a formal competitive process. 20 § 10. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of the 21 public authorities law, paragraph (a) as amended by chapter 494 of the 22 laws of 1990 and paragraph (b) as added by chapter 929 of the laws of 23 1986, are amended to read as follows: 24 (a) Advertisement for bids, when required by this section, shall be 25 published at least once in [a newspaper of general circulation in the26area served by the authority and in] the procurement opportunities news- 27 letter published pursuant to article four-C of the economic development 28 law provided that, notwithstanding the provisions of article four-C of 29 the economic development law, an advertisement shall only be required 30 for a purchase contract for supplies, materials or equipment when 31 required by this section. Publication in [a newspaper of general circu-32lation in the area served or in] the procurement opportunities newslet- 33 ter shall not be required if bids for contracts for supplies, materials 34 or equipment are of a type regularly purchased by the authority and are 35 to be solicited from a list of potential suppliers, if such list is or 36 has been developed consistent with the provisions of subdivision six of 37 this section. Any such advertisement shall contain a statement of: (i) 38 the time [and place where] by which bids received pursuant to any notice 39 requesting [sealed] bids [will be publicly opened and read] shall be 40 submitted; (ii) the name of the contracting agency; (iii) the contract 41 identification number; (iv) a brief description of the public work, 42 supplies, materials, or equipment sought, the location where work is to 43 be performed, goods are to be delivered or services provided and the 44 contract term; (v) the [address where] manner in which bids or proposals 45 are to be submitted; (vi) the date when bids or proposals are due; (vii) 46 a description of any eligibility or qualification requirement or prefer- 47 ence; (viii) a statement as to whether the contract requirements may be 48 fulfilled by a subcontracting, joint venture, or co-production arrange- 49 ment; (ix) any other information deemed useful to potential contractors; 50 and (x) the name, address, and telephone number of the person to be 51 contacted for additional information. At least [fifteen] ten business 52 days shall elapse between the first publication of such advertisement or 53 the solicitation of bids, as the case may be, and the date of opening 54 and reading of bids. 55 (b) The authority may designate any officer or employee to [open the56bids at the time and place bids are to be opened and may designate anS. 2508 20 A. 3008 1officer to] award the contract to the lowest responsible bidder. [Such2designee shall make a record of all bids in such form and detail as the3authority shall prescribe.] All bids [received] shall be received either 4 through an electronic bidding platform and electronically posted for 5 public view, or publicly opened and read, in either case at the time, 6 [and] place and in the manner specified in the advertisement or at the 7 time of solicitation, or to which the opening and reading or posting 8 have been adjourned by the authority. All bidders shall be notified of 9 the time and place of any such adjournment. The authority's designated 10 officer or employee shall make a record of all bids in such form and 11 detail as the authority shall prescribe. 12 § 11. Paragraph (e) of subdivision 4 of section 1265-a of the public 13 authorities law, as added by chapter 929 of the laws of 1986, is amended 14 to read as follows: 15 (e) the item is available through an existing contract between a 16 vendor and [(i) another public authority provided that such other17authority utilized a process of competitive bidding or a process of18competitive requests for proposals to award such contracts or (ii)19Nassau county, or (iii) the state of New York or (iv) the city of New20York] any department, agency or instrumentality of the United States 21 government and/or any department, agency, office, political subdivision 22 or instrumentality of any state or states, provided that in any case 23 when under this paragraph the authority determines that obtaining such 24 item thereby would be in the public interest and sets forth the reasons 25 for such determination. The authority shall accept sole responsibility 26 for any payment due the vendor as a result of the authority's order; or 27 § 12. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the 28 public authorities law are REPEALED. 29 § 13. Section 1265-a of the public authorities law is amended by 30 adding a new subdivision 4-a to read as follows: 31 4-a. Subdivision two of this section notwithstanding, the authority 32 may award design-build contracts or contracts for the purchase or reha- 33 bilitation of rapid transit cars or omnibuses pursuant to a process of 34 competitive request for proposals as hereinafter set forth. 35 (a) (i) For purposes of this section, a process for competitive 36 requests for proposals shall mean a method of soliciting proposals and 37 awarding a contract on the basis of a formal evaluation of the charac- 38 teristics, such as quality, cost, delivery schedule and financing of 39 such proposals against stated selection criteria. Public notice of the 40 requests for proposals shall be given in the same manner as provided in 41 subdivision three of this section and shall include the selection crite- 42 ria. In the event the authority makes a material change in the selection 43 criteria from those previously stated in the notice, it will inform all 44 proposers of such change and permit proposers to modify their proposals. 45 (ii) The authority may award a contract pursuant to this paragraph 46 only after a resolution approved by a two-thirds vote of its members 47 then in office at a public meeting of the authority with such resolution 48 (A) disclosing the other proposers and the substance of their proposals, 49 (B) summarizing the negotiation process including the opportunities, if 50 any, available to proposers to present and modify their proposals, and 51 (C) setting forth the criteria upon which the selection was made. 52 (iii) Nothing in this paragraph shall require or preclude (A) negoti- 53 ations with any proposers following the receipt of responses to the 54 request for proposals, or (B) the rejection of any or all proposals at 55 any time. Upon the rejection of all proposals, the authority may solicit 56 new proposals or bids in any manner prescribed in this section.S. 2508 21 A. 3008 1 (b)(i) The authority may issue a competitive request for proposals 2 pursuant to the procedures of paragraph (a) of this subdivision for the 3 purchase or rehabilitation of rail cars and omnibuses. Any such request 4 may include among the stated selection criteria the performance of all 5 or a portion of the contract at sites within the state of New York or 6 the use of goods produced or services provided within the state of New 7 York, provided however that in no event shall the authority award a 8 contract to a manufacturer whose final offer, as expressed in unit cost 9 is more than ten percent higher than the unit cost of any qualified 10 competing final offer, if the sole basis for such award is that the 11 higher priced offer includes more favorable provision for the perform- 12 ance of the contract within the state of New York or the use of goods 13 produced or services provided within the state of New York, and further 14 provided that the authority's discretion to award a contract to any 15 manufacturer shall not be so limited if a basis for such award, as 16 determined by the authority, is superior financing, delivery schedule, 17 life cycle, reliability, or any other factor the authority deems rele- 18 vant to its operations. 19 (ii) The authority may award a contract pursuant to this paragraph 20 only after a resolution approved by a vote of not less than a two-thirds 21 vote of its members then in office at a public meeting of the authority 22 with such resolution (A) disclosing the other proposers and the 23 substance of their proposals, (B) summarizing the negotiation process 24 including the opportunities, if any, available to proposers to present 25 and modify their proposals, and (C) setting forth the criteria upon 26 which the selection was made. 27 (iii) Nothing in this paragraph shall require or preclude (A) negoti- 28 ations with any proposers following the receipt of responses to the 29 request for proposals, or (B) the rejection of any or all proposals at 30 any time. Upon the rejection of all proposals, the authority may solicit 31 new proposals or bids in any manner prescribed in this section. 32 § 14. Subdivision 5 of section 1265-a of the public authorities law, 33 as added by chapter 929 of the laws of 1986, is amended to read as 34 follows: 35 5. Upon the adoption of a resolution by the authority stating, for 36 reasons of efficiency, economy, compatibility or maintenance reliabil- 37 ity, that there is a need for standardization, the authority may estab- 38 lish procedures whereby particular supplies, materials or equipment are 39 identified on a qualified products list. Such procedures shall provide 40 for products or vendors to be added to or deleted from such list and 41 shall include provisions for public advertisement of the manner in which 42 such lists are compiled. The authority shall review such list no less 43 than [twice] once a year for the purpose of making such modifications. 44 Contracts for particular supplies, materials or equipment identified on 45 a qualified products list may be awarded by the authority to the lowest 46 responsible bidder after obtaining [sealed] bids in accordance with this 47 section or without competitive [sealed] bids in instances when the item 48 is available from only a single source, except that the authority may 49 dispense with advertising provided that it mails copies of the invita- 50 tion to bid to all vendors of the particular item on the qualified 51 products list. 52 § 15. Section 15 of part OO of chapter 54 of the laws of 2016, amend- 53 ing the public authorities law relating to procurements by the New York 54 City transit authority and the metropolitan transportation authority, is 55 amended to read as follows:S. 2508 22 A. 3008 1 § 15. This act shall take effect immediately[, and shall expire and be2deemed repealed April 1, 2021]. 3 § 16. This act shall take effect immediately. 4 PART G 5 Section 1. Section 1266 of the public authorities law is amended by 6 adding two new subdivisions 12-b and 12-c to read as follows: 7 12-b. Whenever in connection with the improvement, construction, 8 reconstruction or rehabilitation of a transportation facility or a tran- 9 sit facility the authority determines that the pipes, mains, conduits or 10 other infrastructure of any public service corporation and any fixtures 11 and appliances connected therewith or attached thereto shall be removed, 12 relocated or otherwise protected or replaced, either temporarily or 13 permanently, hereinafter referred to as "the required utility work", the 14 following provisions shall apply: 15 (a) Except as provided in paragraph (c) of this subdivision, the 16 public service corporation shall design and perform all of the required 17 utility work within a number of days after receipt of the authority's 18 construction plans, which number of days shall be determined by the 19 authority after consultation with the public service corporation. The 20 cost of such required utility work, including the design, shall be borne 21 solely by the public service corporation. 22 (b) In designing and performing the required utility work, a public 23 service corporation shall not create the need for another public service 24 corporation to remove or relocate its pipes, mains, conduits or other 25 infrastructure without the agreement of the authority. 26 (c) The authority may opt to perform some or all of the required util- 27 ity work on its own or by a contract or other arrangement. If the 28 authority opts to perform some or all of the required utility work, the 29 authority may also opt to provide the design for such work. If the 30 authority opts to perform some or all of the required utility work, the 31 public service corporation shall perform the portion of the utility work 32 not performed by the authority and shall reimburse the authority for the 33 authority's actual cost to perform the utility work, including the cost 34 of the design done by the authority. If the authority designs some or 35 all of the required utility work, such design shall be subject to the 36 review and approval of the public service corporation, which shall not 37 be unreasonably withheld. Such review and approval shall be completed 38 within twenty-one calendar days, or within such other period of time as 39 may be determined by the authority after consultation with the public 40 service corporation. 41 12-c. Whenever in connection with the improvement, construction, 42 reconstruction or rehabilitation of a transportation facility or transit 43 facility the authority determines that the water or sewer infrastruc- 44 ture, including pipes or mains, street lighting, traffic signal systems, 45 emergency call boxes and associated infrastructure of the city of New 46 York and any fixtures and appliances connected therewith or attached 47 thereto must be removed, relocated, or otherwise protected or replaced, 48 either temporarily or permanently, hereinafter referred to as "the 49 required city work", the following provisions shall apply: 50 (a) The city of New York shall provide any approvals or permits 51 required by the authority for the required city work within thirty 52 calendar days of submission by the authority of its construction plans 53 or within such other period of time as may be determined by the authori- 54 ty after consultation with the city of New York.S. 2508 23 A. 3008 1 (b) The authority shall pay the cost of the required city work and the 2 cost of upgrading the water or sewer infrastructure to comply with the 3 current standards of the city of New York for materials and capacity as 4 determined by the current service being provided; provided, however, 5 that the city of New York shall not demand that the authority provide 6 for anticipated future service increases or any other betterments with- 7 out the authority's agreement. 8 (c) In reviewing the authority's design for the required city work, or 9 in providing any permits or approvals for the required city work, the 10 city of New York shall not create the need for a public service corpo- 11 ration to remove or relocate its pipes, mains, conduits or other infras- 12 tructure without the agreement of the authority. 13 (d) The city of New York shall cooperate with the authority and public 14 service corporations in planning and coordinating the relocation of its 15 own water and sewer infrastructure as well as the pipes, mains, conduits 16 or other infrastructure of any public service corporation. The city of 17 New York shall not require the removal or relocation of additional 18 public service corporation pipes, mains, conduits or other infrastruc- 19 ture beyond the minimum required to accommodate the required work. 20 § 2. This act shall take effect immediately. 21 PART H 22 Section 1. Subdivision 12 of section 1266 of the public authorities 23 law, as added by chapter 314 of the laws of 1981, is amended to read as 24 follows: 25 12. The authority may, for itself or upon request of the New York city 26 transit authority, upon suitable notice to and an offer to consult with 27 an officer designated by the city of New York, occupy the streets of the 28 city of New York for the purpose of doing, as a beneficial owner of such 29 project via contract, easement agreement or other such agreement, any 30 work over or under the same in connection with the improvement, 31 construction, reconstruction or rehabilitation of a transportation 32 facility without the consent of or payment to such city[.], notwith- 33 standing that the city has previously permitted any such portion of such 34 streets to be occupied by another. For the purposes of this subdivi- 35 sion, a "transportation facility" shall include a stairway entrance, 36 elevator, escalator or other vertical transportation connecting to a 37 subway station or any other transit improvement that is being renovated, 38 relocated or constructed under a contract, easement agreement or other 39 agreement with the authority or the New York city transit authority 40 pursuant to the zoning resolution of the city of New York. 41 § 2. This act shall take effect immediately. 42 PART I 43 Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa- 44 rately amended by chapters 268 and 281 of the laws of 2016, is amended 45 to read as follows: 46 11. With intent to cause physical injury to a train operator, ticket 47 inspector, conductor, signalperson, bus operator, station agent, station 48 cleaner [or], terminal cleaner, station customer assistant; person whose 49 official duties include the sale or collection of tickets, passes, 50 vouchers, or other fare payment media for use on a train or bus; a 51 person whose official duties include the maintenance, repair, 52 inspection, troubleshooting, testing or cleaning of a transit signalS. 2508 24 A. 3008 1 system, elevated or underground subway tracks, transit station struc- 2 ture, train yard, revenue train in passenger service, or a train or bus 3 station or terminal; or a supervisor of such personnel, employed by any 4 transit agency, authority or company, public or private, whose operation 5 is authorized by New York state or any of its political subdivisions, a 6 city marshal, a school crossing guard appointed pursuant to section two 7 hundred eight-a of the general municipal law, a traffic enforcement 8 officer, traffic enforcement agent, prosecutor as defined in subdivision 9 thirty-one of section 1.20 of the criminal procedure law, sanitation 10 enforcement agent, New York city sanitation worker, public health sani- 11 tarian, New York city public health sanitarian, registered nurse, 12 licensed practical nurse, emergency medical service paramedic, or emer- 13 gency medical service technician, he or she causes physical injury to 14 such train operator, ticket inspector, conductor, signalperson, bus 15 operator, station agent, station cleaner [or], terminal cleaner, station 16 customer assistant; person whose official duties include the sale or 17 collection of tickets, passes, vouchers or other fare payment media for 18 use on a train or bus; a person whose official duties include the main- 19 tenance, repair, inspection, troubleshooting, testing or cleaning of a 20 transit signal system, elevated or underground subway tracks, transit 21 station structure, train yard, revenue train in passenger service, or a 22 train or bus station or terminal; or a supervisor of such personnel, 23 city marshal, school crossing guard appointed pursuant to section two 24 hundred eight-a of the general municipal law, traffic enforcement offi- 25 cer, traffic enforcement agent, prosecutor as defined in subdivision 26 thirty-one of section 1.20 of the criminal procedure law, registered 27 nurse, licensed practical nurse, public health sanitarian, New York city 28 public health sanitarian, sanitation enforcement agent, New York city 29 sanitation worker, emergency medical service paramedic, or emergency 30 medical service technician, while such employee is performing an 31 assigned duty on, or directly related to, the operation of a train or 32 bus, [including the] cleaning of a train or bus station or terminal or 33 maintenance of a train or bus station or terminal, signal system, 34 elevated or underground subway tracks, transit station structure, train 35 yard or revenue train in passenger service, or such city marshal, school 36 crossing guard, traffic enforcement officer, traffic enforcement agent, 37 prosecutor as defined in subdivision thirty-one of section 1.20 of the 38 criminal procedure law, registered nurse, licensed practical nurse, 39 public health sanitarian, New York city public health sanitarian, sani- 40 tation enforcement agent, New York city sanitation worker, emergency 41 medical service paramedic, or emergency medical service technician is 42 performing an assigned duty; or 43 § 2. Section 240.30 of the penal law is amended by adding a new subdi- 44 vision 3-a to read as follows: 45 3-a. Strikes, shoves, kicks, or otherwise subjects another person to 46 physical contact, which includes spitting on such other person, and such 47 other person is an on-duty train operator; ticket inspector; conductor; 48 signalperson; bus operator; station agent; station cleaner; terminal 49 cleaner; station customer assistant; person whose official duties 50 include the sale or collection of tickets, passes, vouchers or other 51 fare payment media for use on a train or bus; person whose official 52 duties include the maintenance, repair, inspection, troubleshooting, 53 testing or cleaning of a transit signal system, elevated or underground 54 subway tracks, transit station structure, train yard, revenue train in 55 passenger service, or train or bus station or terminal, or a supervisor 56 of such personnel, employed by any transit agency, authority or company,S. 2508 25 A. 3008 1 public or private, whose operation is authorized by New York state or 2 any of its political subdivisions; or 3 § 3. This act shall take effect on the ninetieth day after it shall 4 have become a law. 5 PART J 6 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 7 New York state urban development corporation act, relating to the powers 8 of the New York state urban development corporation to make loans, as 9 amended by section 1 of part FF of chapter 58 of the laws of 2020, is 10 amended to read as follows: 11 § 2. This act shall take effect immediately provided, however, that 12 section one of this act shall expire on July 1, [2021] 2024, at which 13 time the provisions of subdivision 26 of section 5 of the New York state 14 urban development corporation act shall be deemed repealed; provided, 15 however, that neither the expiration nor the repeal of such subdivision 16 as provided for herein shall be deemed to affect or impair in any manner 17 any loan made pursuant to the authority of such subdivision prior to 18 such expiration and repeal. 19 § 2. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on and after July 1, 2021. 21 PART K 22 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 23 of the laws of 1968 constituting the New York state urban development 24 corporation act, as amended by section 1 of part EE of chapter 58 of the 25 laws of 2020, is amended to read as follows: 26 3. The provisions of this section shall expire, notwithstanding any 27 inconsistent provision of subdivision 4 of section 469 of chapter 309 of 28 the laws of 1996 or of any other law, on July 1, [2021] 2024. 29 § 2. This act shall take effect immediately and shall be deemed to 30 have been in full force and effect on and after July 1, 2021. 31 PART L 32 Section 1. The multiple dwelling law is amended by adding a new 33 section 277-a to read as follows: 34 § 277-a. Temporary rules upon legislative finding of special state 35 interest. 1. Application of rule. This section shall apply to building 36 permits lawfully issued, or for which a completed application has been 37 filed as defined by local law, on or before December thirty-first, two 38 thousand twenty-six. 39 2. Applicability. Notwithstanding any other provision of this chapter 40 or other state law to the contrary, no local zoning law ordinance, 41 resolution or regulation addressing the minimum light and air standards 42 for joint living-work quarters for artists or general residential 43 portions of lofts or manufacturing and commercial buildings altered to 44 residential use shall limit the applicability of this article to: (a) 45 buildings erected prior to January first, nineteen hundred seventy-sev- 46 en; or (b) specific locations or districts within the municipality, but 47 shall apply this article uniformly throughout. Notwithstanding any 48 state law, other local zoning law, ordinance, resolution, or regulation 49 to the contrary, the conversions described in subdivisions three and 50 four of this section are hereby authorized.S. 2508 26 A. 3008 1 3. Class B multiple dwellings. The provisions of this section shall 2 apply to any conversion of or alteration or improvement to any class B 3 multiple dwelling operating as a hotel comprising fewer than one hundred 4 fifty rooms, that is converted to a property that is (a) part of a 5 state affordable housing plan or agreement with the department of homes 6 and community renewal to provide a minimum of twenty percent of such 7 housing units created as affordable housing, or (b) is to be operated as 8 a supportive housing facility that is under a contract with any state or 9 city agency to provide housing and supportive services for any popu- 10 lation, or (c) will instead provide an amount necessary to support the 11 creation or preservation of affordable housing or prevent homelessness 12 as determined by the commissioner of the department of homes and commu- 13 nity renewal and is located on tax lots in the city of New York already 14 existing or created upon the effective date of this section, in any 15 borough outside of Manhattan, or within the following area in the 16 borough of Manhattan, beginning at the intersection of the United States 17 pierhead line in the Hudson river and the center line of Chambers street 18 extended, thence easterly to the center line of Chambers street and 19 continuing along the center line of Chambers street to the center line 20 of Centre street, thence southerly along the center line of Centre 21 street to the center line of the Brooklyn Bridge to the intersection of 22 the Brooklyn Bridge and the United States pierhead line in the East 23 river, thence northerly along the United States pierhead line in the 24 East river to the intersection of the United States pierhead line in the 25 East river and the center line of One Hundred Tenth street extended, 26 thence westerly to the center line of One Hundred Tenth street and 27 continuing along the center line of One Hundred Tenth street to its 28 westerly terminus, thence westerly to the intersection of the center 29 line of One Hundred Tenth street extended and the United States pierhead 30 line in the Hudson river, thence southerly along the United States pier- 31 head line in the Hudson river to the point of beginning. 32 4. Commercial office buildings. The provisions of this section shall 33 apply to any conversion of or alteration or improvement to any commer- 34 cial office building which is graded based upon its market rate price as 35 "class B or class C" properties within the area between 9th avenue on 36 the westerly side, and Park avenue on the easterly side, utilizing 60th 37 street as a northerly border and 14th street to the south, together 38 encompassing a central business district provided that upon conversion 39 or alteration or improvement such new use is either: (a) part of a state 40 affordable housing plan or agreement with the department of homes and 41 community renewal to provide a minimum of twenty percent of such housing 42 units created as affordable housing, or (b) to operate as a supportive 43 housing facility that is under a contract with any state or city agency 44 to provide housing and supportive services for any population, or (c) to 45 provide an amount necessary to support the creation or preservation of 46 affordable housing or prevent homelessness as determined by the commis- 47 sioner of the department of homes and community renewal. 48 § 2. This act shall take effect immediately and shall expire December 49 31, 2026 when upon such date the provisions of this act shall be deemed 50 repealed, provided however, that no variance shall be required to obtain 51 a certificate of occupancy if such building satisfied the provisions of 52 this act upon commencement, nor shall any other administrative action be 53 required upon completion should this provision have otherwise expired. 54 PART MS. 2508 27 A. 3008 1 Section 1. Section 3 of part S of chapter 58 of the laws of 2016, 2 relating to transferring the statutory authority for the promulgation of 3 marketing orders from the department of agriculture and markets to the 4 New York state urban development corporation, as amended by section 1 of 5 part Y of chapter 58 of the laws of 2018, is amended to read as follows: 6 § 3. This act shall take effect on the ninetieth day after it shall 7 have become a law [and shall expire and be deemed repealed July 31,82021]; provided, however, that any assessment due and payable under such 9 marketing orders shall be remitted to the urban development corporation 10 starting 30 days after such effective date. 11 § 2. This act shall take effect immediately. 12 PART N 13 Section 1. Section 2 of chapter 21 of the laws of 2003, amending the 14 executive law relating to permitting the secretary of state to provide 15 special handling for all documents filed or issued by the division of 16 corporations and to permit additional levels of such expedited service, 17 as amended by section 1 of part R of chapter 58 of the laws of 2020, is 18 amended to read as follows: 19 § 2. This act shall take effect immediately, provided however, that 20 section one of this act shall be deemed to have been in full force and 21 effect on and after April 1, 2003 [and shall expire March 31, 2021]. 22 § 2. This act shall take effect immediately and shall be deemed to 23 have been in full force and effect on and after March 31, 2021. 24 PART O 25 Section 1. Paragraph (d) of section 304 of the business corporation 26 law is amended to read as follows: 27 (d) Any designated [post-office] post office address to which the 28 secretary of state shall mail a copy of process served upon him or her 29 as agent of a domestic corporation or a foreign corporation, shall 30 continue until the filing of a certificate or other instrument under 31 this chapter directing the mailing to a different [post-office] post 32 office address and any designated email address to which the secretary 33 of state shall email notice of the fact that process has been electron- 34 ically served upon him or her as agent of a domestic corporation or 35 foreign corporation shall continue until the filing of a certificate or 36 other instrument under this chapter changing or deleting the email 37 address. 38 § 2. Subparagraph 1 of paragraph (b) of section 306 of the business 39 corporation law, as amended by chapter 419 of the laws of 1990, is 40 amended to read as follows: 41 (1) Service of process on the secretary of state as agent of a domes- 42 tic or authorized foreign corporation shall be made [by personally] in 43 the manner provided by clause (i) or (ii) of this subparagraph. (i) 44 Personally delivering to and leaving with the secretary of state or a 45 deputy, or with any person authorized by the secretary of state to 46 receive such service, at the office of the department of state in the 47 city of Albany, duplicate copies of such process together with the stat- 48 utory fee, which fee shall be a taxable disbursement. Service of process 49 on such corporation shall be complete when the secretary of state is so 50 served. The secretary of state shall promptly send one of such copies by 51 certified mail, return receipt requested, to such corporation, at the 52 post office address, on file in the department of state, specified forS. 2508 28 A. 3008 1 the purpose. If a domestic or authorized foreign corporation has no such 2 address on file in the department of state, the secretary of state shall 3 so mail such copy, in the case of a domestic corporation, in care of any 4 director named in its certificate of incorporation at the director's 5 address stated therein or, in the case of an authorized foreign corpo- 6 ration, to such corporation at the address of its office within this 7 state on file in the department. (ii) Electronically submitting a copy 8 of the process to the department of state together with the statutory 9 fee, which fee shall be a taxable disbursement, through an electronic 10 system operated by the department of state, provided the domestic or 11 authorized foreign corporation has an email address on file in the 12 department of state to which the secretary of state shall email a notice 13 of the fact that process has been served electronically on the secretary 14 of state. Service of process on such corporation shall be complete when 15 the secretary of state has reviewed and accepted service of such proc- 16 ess. The secretary of state shall promptly send a notice of the fact 17 that process has been served to such corporation at the email address on 18 file in the department of state, specified for the purpose and shall 19 make a copy of the process available to such corporation. 20 § 3. The opening paragraph of paragraph (b) of section 307 of the 21 business corporation law is amended to read as follows: 22 Service of such process upon the secretary of state shall be made [by23personally] in the manner provided by subparagraph one or two of this 24 paragraph. (1) Personally delivering to and leaving with him or his 25 deputy, or with any person authorized by the secretary of state to 26 receive such service, at the office of the department of state in the 27 city of Albany, a copy of such process together with the statutory fee, 28 which fee shall be a taxable disbursement. (2) Electronically submitting 29 a copy of the process to the department of state together with the stat- 30 utory fee, which fee shall be a taxable disbursement, through an elec- 31 tronic system operated by the department of state. Such service shall be 32 sufficient if notice thereof and a copy of the process are: 33 § 4. Subparagraph 7 of paragraph (a) of section 402 of the business 34 corporation law is amended to read as follows: 35 (7) A designation of the secretary of state as agent of the corpo- 36 ration upon whom process against it may be served and the post office 37 address within or without this state to which the secretary of state 38 shall mail a copy of any process against it served upon him or her. The 39 corporation may include an email address to which the secretary of state 40 shall email a notice of the fact that process against it has been elec- 41 tronically served upon him or her. 42 § 5. Paragraph (b) of section 801 of the business corporation law is 43 amended by adding a new subparagraph 15 to read as follows: 44 (15) To specify, change or delete the email address to which the 45 secretary of state shall email a notice of the fact that process against 46 the corporation has been electronically served upon him or her. 47 § 6. Paragraph (b) of section 803 of the business corporation law is 48 amended by adding a new subparagraph 4 to read as follows: 49 (4) To specify, change or delete the email address to which the secre- 50 tary of state shall email a notice of the fact that process against the 51 corporation has been electronically served upon him or her. 52 § 7. Paragraph (b) of section 805-A of the business corporation law, 53 as added by chapter 725 of the laws of 1964, is amended to read as 54 follows: 55 (b) A certificate of change which changes only the post office address 56 to which the secretary of state shall mail a copy of any process againstS. 2508 29 A. 3008 1 a corporation served upon him or her, and/or the email address to which 2 the secretary of state shall email a notice of the fact that process 3 against it has been electronically served upon the secretary of state 4 and/or the address of the registered agent, provided such address being 5 changed is the address of a person, partnership or other corporation 6 whose address, as agent, is the address to be changed, and/or the email 7 address being changed is the email address of a person, partnership or 8 corporation whose email address, as agent, is the email address to be 9 changed, or who has been designated as registered agent for such corpo- 10 ration, may be signed[, verified] and delivered to the department of 11 state by such agent. The certificate of change shall set forth the 12 statements required under subparagraphs (a) (1), (2) and (3) of this 13 section; that a notice of the proposed change was mailed to the corpo- 14 ration by the party signing the certificate not less than thirty days 15 prior to the date of delivery to the department and that such corpo- 16 ration has not objected thereto; and that the party signing the certif- 17 icate is the agent of such corporation to whose address the secretary of 18 state is required to mail copies of process [or], and/or the agent of 19 the corporation to whose email address the secretary of state is 20 required to mail a notice of the fact that process against it has been 21 electronically served upon the secretary of state, and/or the registered 22 agent, if such be the case. A certificate signed[, verified] and deliv- 23 ered under this paragraph shall not be deemed to effect a change of 24 location of the office of the corporation in whose behalf such certif- 25 icate is filed. 26 § 8. Subparagraph 8 of paragraph (a) of section 904-a of the business 27 corporation law, as amended by chapter 177 of the laws of 2008, is 28 amended to read as follows: 29 (8) If the surviving or resulting entity is a foreign corporation or 30 other business entity, a designation of the secretary of state as its 31 agent upon whom process against it may be served in the manner set forth 32 in paragraph (b) of section three hundred six of this chapter, in any 33 action or special proceeding, and a post office address, within or with- 34 out this state, to which the secretary of state shall mail a copy of any 35 process against it served upon him or her. The corporation may include 36 an email address to which the secretary of state shall email a notice of 37 the fact that process against it has been electronically served upon him 38 or her. Such post office address shall supersede any prior address 39 designated as the address to which process shall be mailed and such 40 email address shall supersede any prior email address designated as the 41 email address to which a notice shall be sent; 42 § 9. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of 43 the business corporation law, as amended by chapter 494 of the laws of 44 1997, is amended to read as follows: 45 (G) A designation of the secretary of state as its agent upon whom 46 process against it may be served in the manner set forth in paragraph 47 (b) of section 306 (Service of process), in any action or special 48 proceeding, and a post office address, within or without this state, to 49 which the secretary of state shall mail a copy of any process against it 50 served upon him or her. The corporation may include an email address to 51 which the secretary of state shall email a notice of the fact that proc- 52 ess against it has been electronically served upon him or her. Such 53 post office address shall supersede any prior address designated as the 54 address to which process shall be mailed and such email address shall 55 supersede any prior email address designated as the email address to 56 which a notice shall be sent.S. 2508 30 A. 3008 1 § 10. Subparagraph 6 of paragraph (a) of section 1304 of the business 2 corporation law, as amended by chapter 684 of the laws of 1963 and as 3 renumbered by chapter 590 of the laws of 1982, is amended to read as 4 follows: 5 (6) A designation of the secretary of state as its agent upon whom 6 process against it may be served and the post office address within or 7 without this state to which the secretary of state shall mail a copy of 8 any process against it served upon him or her. The corporation may 9 include an email address to which the secretary of state shall email a 10 notice of the fact that process against it has been electronically 11 served upon him or her. 12 § 11. Paragraph (a) of section 1308 of the business corporation law is 13 amended by adding a new subparagraph 10 to read as follows: 14 (10) To specify, change or delete the email address to which the 15 secretary of state shall email a notice of the fact that process against 16 the corporation has been electronically served upon him or her. 17 § 12. Paragraph (c) of section 1309-A of the business corporation law, 18 as amended by chapter 172 of the laws of 1999, is amended and a new 19 subparagraph 4 is added to paragraph (a) to read as follows: 20 (4) To specify, change or delete the email address to which the secre- 21 tary of state shall email a notice of the fact that process against the 22 corporation has been electronically served upon him or her. 23 (c) A certificate of change of application for authority which changes 24 only the post office address to which the secretary of state shall mail 25 a copy of any process against an authorized foreign corporation served 26 upon him or her, and/or the email address to which the secretary of 27 state shall email a notice of the fact that process against it has been 28 electronically served upon the secretary of state and/or which changes 29 the address of its registered agent, provided such address is the 30 address of a person, partnership or other corporation whose address, as 31 agent, is the address to be changed [or], and/or the email address being 32 changed is the email address of a person, partnership or corporation 33 whose email address, as agent, is the email address to be changed, 34 and/or who has been designated as registered agent for such authorized 35 foreign corporation, may be signed and delivered to the department of 36 state by such agent. The certificate of change of application for 37 authority shall set forth the statements required under subparagraphs 38 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of 39 the proposed change was mailed by the party signing the certificate to 40 the authorized foreign corporation not less than thirty days prior to 41 the date of delivery to the department and that such corporation has not 42 objected thereto; and that the party signing the certificate is the 43 agent of such foreign corporation to whose address the secretary of 44 state is required to mail copies of process [or], and/or the agent of 45 such foreign corporation to whose email address the secretary of state 46 is required to mail a notice of the fact that process against it has 47 been electronically served on the secretary of state and/or the regis- 48 tered agent, if such be the case. A certificate signed and delivered 49 under this paragraph shall not be deemed to effect a change of location 50 of the office of the corporation in whose behalf such certificate is 51 filed. 52 § 13. Subparagraph 6 of paragraph (a) and paragraph (d) of section 53 1310 of the business corporation law, the opening paragraph of paragraph 54 (d) as amended by chapter 172 of the laws of 1999, are amended to read 55 as follows:S. 2508 31 A. 3008 1 (6) A post office address within or without this state to which the 2 secretary of state shall mail a copy of any process against it served 3 upon him or her. The corporation may include an email address to which 4 the secretary of state shall email a notice of the fact that process 5 against it has been electronically served upon him or her. 6 (d) The post office address and/or the email address specified under 7 subparagraph (6) of paragraph (a) of this section may be changed. A 8 certificate, entitled "Certificate of amendment of certificate of 9 surrender of authority of ........ (name of corporation) under section 10 1310 of the Business Corporation Law", shall be signed as provided in 11 paragraph (a) of this section and delivered to the department of state. 12 It shall set forth: 13 (1) The name of the foreign corporation. 14 (2) The jurisdiction of its incorporation. 15 (3) The date its certificate of surrender of authority was filed by 16 the department of state. 17 (4) The changed post office address, within or without this state, to 18 which the secretary of state shall mail a copy of any process against it 19 served upon him or her and/or the changed email address to which the 20 secretary of state shall email a notice of the fact that process against 21 it has been electronically served upon him or her. 22 § 14. Section 1311 of the business corporation law, as amended by 23 chapter 375 of the laws of 1998, is amended to read as follows: 24 § 1311. Termination of existence. 25 When an authorized foreign corporation is dissolved or its authority 26 or existence is otherwise terminated or cancelled in the jurisdiction of 27 its incorporation or when such foreign corporation is merged into or 28 consolidated with another foreign corporation, a certificate of the 29 secretary of state, or official performing the equivalent function as to 30 corporate records, of the jurisdiction of incorporation of such foreign 31 corporation attesting to the occurrence of any such event or a certified 32 copy of an order or decree of a court of such jurisdiction directing the 33 dissolution of such foreign corporation, the termination of its exist- 34 ence or the cancellation of its authority shall be delivered to the 35 department of state. The filing of the certificate, order or decree 36 shall have the same effect as the filing of a certificate of surrender 37 of authority under section 1310 (Surrender of authority). The secretary 38 of state shall continue as agent of the foreign corporation upon whom 39 process against it may be served in the manner set forth in paragraph 40 (b) of section 306 (Service of process), in any action or special 41 proceeding based upon any liability or obligation incurred by the 42 foreign corporation within this state prior to the filing of such 43 certificate, order or decree and he or she shall promptly cause a copy 44 of any such process to be mailed by [registered] certified mail, return 45 receipt requested, to such foreign corporation at the post office 46 address on file in his or her office specified for such purpose or a 47 notice of the fact that process against such foreign corporation has 48 been served on him or her to be emailed to the foreign corporation at 49 the email address on file in his or her office specified for such 50 purpose. The post office address and/or email address may be changed by 51 signing and delivering to the department of state a certificate of 52 change setting forth the statements required under section 1309-A 53 (Certificate of change; contents) to effect a change in the post office 54 address and/or email address under subparagraph (a) [(4)] (7) or (10) of 55 section 1308 (Amendments or changes).S. 2508 32 A. 3008 1 § 15. Subdivisions 2 and 3 of section 18 of the general associations 2 law, as amended by chapter 13 of the laws of 1938, are amended to read 3 as follows: 4 2. Every association doing business within this state shall file in 5 the department of state a certificate in its associate name, signed and 6 acknowledged by its president, or a vice-president, or secretary, or 7 treasurer, or managing director, or trustee, designating the secretary 8 of state as an agent upon whom process in any action or proceeding 9 against the association may be served within this state, and setting 10 forth an address to which the secretary of state shall mail a copy of 11 any process against the association which may be served upon him or her 12 pursuant to law. The association may include an email address to which 13 the secretary of state shall email a notice of the fact that process 14 against it has been electronically served upon him or her. Annexed to 15 the certificate of designation shall be a statement, executed in the 16 same manner as the certificate is required to be executed under this 17 section, which shall set forth: 18 (a) the names and places of residence of its officers and trustees 19 (b) its principal place of business 20 (c) the place where its office within this state is located and if 21 such place be in a city, the location thereof by street and number or 22 other particular description. 23 3. Any association, from time to time, may change the address to which 24 the secretary of state is directed to mail copies of process or specify, 25 change or delete the email address to which the secretary of state shall 26 email a notice of the fact that process against the association has been 27 electronically served upon him or her, by filing a statement to that 28 effect, executed, signed and acknowledged in like manner as a certif- 29 icate of designation as herein provided. 30 § 16. Section 19 of the general associations law, as amended by chap- 31 ter 166 of the laws of 1991, is amended to read as follows: 32 § 19. Service of process. Service of process against an association 33 upon the secretary of state shall be made [by personally] in the manner 34 provided by subdivision one or two of this section. (1) Personally 35 delivering to and leaving with him [or a deputy secretary of state or an36associate attorney, senior attorney or attorney in the corporation divi-37sion of the department of state] or her or with a person authorized by 38 the secretary of state to receive such service, duplicate copies of such 39 process at the office of the department of state in the city of Albany. 40 At the time of such service the plaintiff shall pay a fee of forty 41 dollars to the secretary of state which shall be a taxable disbursement. 42 [If the cost of registered mail for transmitting a copy of the process43shall exceed two dollars, an additional fee equal to such excess shall44be paid at the time of the service of such process.] The secretary of 45 state shall [forthwith] promptly send by [registered] certified mail one 46 of such copies to the association at the address fixed for that purpose, 47 as herein provided. (2) Electronically submitting a copy of the process 48 to the department of state together with the statutory fee, which fee 49 shall be a taxable disbursement, through an electronic system operated 50 by the department of state, provided the association has an email 51 address on file in the department of state to which the secretary of 52 state shall email a notice of the fact that process has been served 53 electronically on the secretary of state. Service of process on such 54 association shall be complete when the secretary of state has reviewed 55 and accepted service of such process. The secretary of state shall 56 promptly send a notice of the fact that process against such associationS. 2508 33 A. 3008 1 has been served electronically upon him or her, to such association at 2 the email address on file in the department of state, specified for the 3 purpose and shall make a copy of the process available to such associ- 4 ation. If the action or proceeding is instituted in a court of limited 5 jurisdiction, service of process may be made in the manner provided in 6 this section if the cause of action arose within the territorial juris- 7 diction of the court and the office of the defendant, as set forth in 8 its statement filed pursuant to section eighteen of this chapter, is 9 within such territorial jurisdiction. 10 § 17. Paragraph 4 of subdivision (e) of section 203 of the limited 11 liability company law, as added by chapter 470 of the laws of 1997, is 12 amended to read as follows: 13 (4) a designation of the secretary of state as agent of the limited 14 liability company upon whom process against it may be served and the 15 post office address within or without this state to which the secretary 16 of state shall mail a copy of any process against the limited liability 17 company served upon him or her. The limited liability company may 18 include an email address to which the secretary of state shall email a 19 notice of the fact that process against it has been electronically 20 served upon him or her; 21 § 18. Subdivision (d) of section 211 of the limited liability company 22 law is amended by adding a new paragraph 10 to read as follows: 23 (10) to specify, change or delete the email address to which the 24 secretary of state shall email a notice of the fact that process against 25 the limited liability company has been electronically served upon him or 26 her. 27 § 19. Section 211-A of the limited liability company law, as added by 28 chapter 448 of the laws of 1998, is amended to read as follows: 29 § 211-A. Certificate of change. (a) A limited liability company may 30 amend its articles of organization from time to time to (i) specify or 31 change the location of the limited liability company's office; (ii) 32 specify or change the post office address to which the secretary of 33 state shall mail a copy of any process against the limited liability 34 company served upon him or her; [and] (iii) specify, change or delete 35 the email address to which the secretary of state shall email a notice 36 of the fact that process against the limited liability company has been 37 electronically served upon him or her; and (iv) make, revoke or change 38 the designation of a registered agent, or specify or change the address 39 of the registered agent. Any one or more such changes may be accom- 40 plished by filing a certificate of change which shall be entitled 41 "Certificate of Change of ....... (name of limited liability company) 42 under section 211-A of the Limited Liability Company Law" and shall be 43 signed and delivered to the department of state. It shall set forth: 44 (1) the name of the limited liability company, and if it has been 45 changed, the name under which it was formed; 46 (2) the date the articles of organization were filed by the department 47 of state; and 48 (3) each change effected thereby. 49 (b) A certificate of change which changes only the post office address 50 to which the secretary of state shall mail a copy of any process against 51 a limited liability company served upon him or her, and/or the email 52 address to which the secretary of state shall email a notice of the fact 53 that process against it has been electronically served upon the secre- 54 tary of state and/or the address of the registered agent, provided such 55 address being changed, and/or the email address being changed is the 56 email address of a person, partnership or other corporation whose emailS. 2508 34 A. 3008 1 address, as agent, is the email address to be changed, is the address of 2 a person, partnership or corporation whose address, as agent, is the 3 address to be changed or who has been designated as registered agent for 4 such limited liability company may be signed and delivered to the 5 department of state by such agent. The certificate of change shall set 6 forth the statements required under subdivision (a) of this section; 7 that a notice of the proposed change was mailed to the domestic limited 8 liability company by the party signing the certificate not less than 9 thirty days prior to the date of delivery to the department of state and 10 that such domestic limited liability company has not objected thereto; 11 and that the party signing the certificate is the agent of such limited 12 liability company to whose address the secretary of state is required to 13 mail copies of process, and/or the agent of the limited liability compa- 14 ny to whose email address of the secretary of state is required to 15 email a notice of the fact that process against it has been electron- 16 ically served upon the secretary of state, or the registered agent, if 17 such be the case. A certificate signed and delivered under this subdivi- 18 sion shall not be deemed to effect a change of location of the office of 19 the limited liability company in whose behalf such certificate is filed. 20 § 20. Subdivision (c) of section 301 of the limited liability company 21 law is amended to read as follows: 22 (c) Any designated post office address to which the secretary of state 23 shall mail a copy of process served upon him or her as agent of a domes- 24 tic limited liability company or a foreign limited liability company 25 shall continue until the filing of a certificate or other instrument 26 under this chapter directing the mailing to a different post office 27 address and any designated email address to which the secretary of state 28 shall email a notice of the fact that process has been electronically 29 served upon him or her as agent of a domestic limited liability company 30 or foreign limited liability company, shall continue until the filing of 31 a certificate or other instrument under this chapter changing or delet- 32 ing such email address. 33 § 21. Subdivision (a) of section 303 of the limited liability company 34 law, as relettered by chapter 341 of the laws of 1999, is amended to 35 read as follows: 36 (a) Service of process on the secretary of state as agent of a domes- 37 tic limited liability company or authorized foreign limited liability 38 company shall be made [by personally] in the manner provided by para- 39 graph one or two of this subdivision. (1) Personally delivering to and 40 leaving with the secretary of state or his or her deputy, or with any 41 person authorized by the secretary of state to receive such service, at 42 the office of the department of state in the city of Albany, duplicate 43 copies of such process together with the statutory fee, which fee shall 44 be a taxable disbursement. Service of process on such limited liability 45 company shall be complete when the secretary of state is so served. The 46 secretary of state shall promptly send one of such copies by certified 47 mail, return receipt requested, to such limited liability company at the 48 post office address on file in the department of state specified for 49 that purpose. (2) Electronically submitting a copy of the process to the 50 department of state together with the statutory fee, which fee shall be 51 a taxable disbursement, through an electronic system operated by the 52 department of state, provided the domestic or authorized foreign limited 53 liability company has an email address on file in the department of 54 state to which the secretary of state shall email a notice of the fact 55 that process has been served electronically on the secretary of state. 56 Service of process on such limited liability company shall be completeS. 2508 35 A. 3008 1 when the secretary of state has reviewed and accepted service of such 2 process. The secretary of state shall promptly send a notice of the fact 3 that process against such limited liability company has been served 4 electronically on him or her to such limited liability company at the 5 email address on file in the department of state, specified for the 6 purpose and shall make a copy of the process available to such limited 7 liability company. 8 § 22. Subdivision (b) of section 304 of the limited liability company 9 law is amended to read as follows: 10 (b) Service of such process upon the secretary of state shall be made 11 [by personally] in the manner provided by paragraph one or two of this 12 subdivision. 13 (1) Personally delivering to and leaving with the secretary of state 14 or his or her deputy, or with any person authorized by the secretary of 15 state to receive such service, at the office of the department of state 16 in the city of Albany, a copy of such process together with the statuto- 17 ry fee, which fee shall be a taxable disbursement. 18 (2) Electronically submitting a copy of the process to the department 19 of state together with the statutory fee, which fee shall be a taxable 20 disbursement, through an electronic system operated by the department of 21 state. 22 § 23. Paragraph 4 of subdivision (a) of section 802 of the limited 23 liability company law, as amended by chapter 470 of the laws of 1997, is 24 amended to read as follows: 25 (4) a designation of the secretary of state as its agent upon whom 26 process against it may be served and the post office address within or 27 without this state to which the secretary of state shall mail a copy of 28 any process against it served upon him or her. The limited liability 29 company may include an email address to which the secretary of state 30 shall email a notice of the fact that process against it has been elec- 31 tronically served upon him or her; 32 § 24. Section 804-A of the limited liability company law, as added by 33 chapter 448 of the laws of 1998, is amended to read as follows: 34 § 804-A. Certificate of change. (a) A foreign limited liability compa- 35 ny may amend its application for authority from time to time to (i) 36 specify or change the location of the limited liability company's 37 office; (ii) specify or change the post office address to which the 38 secretary of state shall mail a copy of any process against the limited 39 liability company served upon him or her; [and] (iii) specify, change or 40 delete the email address to which the secretary of state shall email a 41 notice of the fact that process against the limited liability company 42 has been electronically served upon him or her; and (iv) to make, revoke 43 or change the designation of a registered agent, or to specify or change 44 the address of a registered agent. Any one or more such changes may be 45 accomplished by filing a certificate of change which shall be entitled 46 "Certificate of Change of ........ (name of limited liability company) 47 under section 804-A of the Limited Liability Company Law" and shall be 48 signed and delivered to the department of state. It shall set forth: 49 (1) the name of the foreign limited liability company and, if applica- 50 ble, the fictitious name the limited liability company has agreed to use 51 in this state pursuant to section eight hundred two of this article; 52 (2) the date its application for authority was filed by the department 53 of state; and 54 (3) each change effected thereby, 55 (b) A certificate of change which changes only the post office address 56 to which the secretary of state shall mail a copy of any process againstS. 2508 36 A. 3008 1 a foreign limited liability company served upon him or her, and/or the 2 email address to which the secretary of state shall email a notice of 3 the fact that process against it has been electronically served upon the 4 secretary of state, and/or the address of the registered agent, provided 5 such address being changed is the address of a person, partnership or 6 corporation whose address, as agent, is the address to be changed, 7 and/or the email address being changed is the email address of a person, 8 partnership or other corporation whose email address, as agent, is the 9 email address to be changed, or who has been designated as registered 10 agent for such limited liability company may be signed and delivered to 11 the department of state by such agent. The certificate of change shall 12 set forth the statements required under subdivision (a) of this section; 13 that a notice of the proposed change was mailed to the foreign limited 14 liability company by the party signing the certificate not less than 15 thirty days prior to the date of delivery to the department of state and 16 that such foreign limited liability company has not objected thereto; 17 and that the party signing the certificate is the agent of such foreign 18 limited liability company to whose address the secretary of state is 19 required to mail copies of process, and/or the agent of such foreign 20 limited liability company to whose email address the secretary of state 21 is required to email a notice of the fact that process against it has 22 been electronically served upon the secretary of state, or the regis- 23 tered agent, if such be the case. A certificate signed and delivered 24 under this subdivision shall not be deemed to effect a change of 25 location of the office of the foreign limited liability company in whose 26 behalf such certificate is filed. 27 § 25. Paragraph 6 of subdivision (b) of section 806 of the limited 28 liability company law is amended to read as follows: 29 (6) a post office address within or without this state to which the 30 secretary of state shall mail a copy of any process against it served 31 upon him or her. The limited liability company may include an email 32 address to which the secretary of state shall email a notice of the fact 33 that process against it has been electronically served upon him or her. 34 § 26. Section 807 of the limited liability company law is amended to 35 read as follows: 36 § 807. Termination of existence. When a foreign limited liability 37 company that has received a certificate of authority is dissolved or its 38 authority to conduct its business or existence is otherwise terminated 39 or canceled in the jurisdiction of its formation or when such foreign 40 limited liability company is merged into or consolidated with another 41 foreign limited liability company, (a) a certificate of the secretary of 42 state or official performing the equivalent function as to limited 43 liability company records in the jurisdiction of organization of such 44 limited liability company attesting to the occurrence of any such event 45 or (b) a certified copy of an order or decree of a court of such juris- 46 diction directing the dissolution of such foreign limited liability 47 company, the termination of its existence or the surrender of its 48 authority shall be delivered to the department of state. The filing of 49 the certificate, order or decree shall have the same effect as the 50 filing of a certificate of surrender of authority under section eight 51 hundred six of this article. The secretary of state shall continue as 52 agent of the foreign limited liability company upon whom process against 53 it may be served in the manner set forth in article three of this chap- 54 ter, in any action or proceeding based upon any liability or obligation 55 incurred by the foreign limited liability company within this state 56 prior to the filing of such certificate, order or decree. The postS. 2508 37 A. 3008 1 office address and/or email address may be changed by filing with the 2 department of state a certificate of amendment under section eight 3 hundred four of this article. 4 § 27. Paragraph 11 of subdivision (a) of section 1003 of the limited 5 liability company law, as amended by chapter 374 of the laws of 1998, is 6 amended to read as follows: 7 (11) a designation of the secretary of state as its agent upon whom 8 process against it may be served in the manner set forth in article 9 three of this chapter in any action or special proceeding, and a post 10 office address, within or without this state, to which the secretary of 11 state shall mail a copy of any process served upon him or her. The 12 limited liability company may include an email address to which the 13 secretary of state shall email a notice of the fact that process against 14 it has been electronically served upon him or her. Such post office 15 address or email address shall supersede any prior address designated as 16 the address to which process shall be mailed or a notice emailed; 17 § 28. Paragraph 6 of subdivision (a) of section 1306 of the limited 18 liability company law is amended to read as follows: 19 (6) a designation of the secretary of state as its agent upon whom 20 process against it may be served and the post office address within or 21 without this state to which the secretary of state shall mail a copy of 22 any process against it served upon him or her. The limited liability 23 company may include an email address to which the secretary of state 24 shall email a notice of the fact that process against it has been elec- 25 tronically served upon him or her; and 26 § 29. Paragraph (d) of section 304 of the not-for-profit corporation 27 law, as amended by chapter 358 of the laws of 2015, is amended to read 28 as follows: 29 (d) Any designated post-office address to which the secretary of state 30 shall mail a copy of process served upon him or her as agent of a domes- 31 tic corporation formed under article four of this chapter or foreign 32 corporation, shall continue until the filing of a certificate or other 33 instrument under this chapter directing the mailing to a different post- 34 office address and any designated email address to which the secretary 35 of state shall email a notice of the fact that process has been elec- 36 tronically served upon him or her as agent of a domestic corporation or 37 foreign corporation, shall continue until the filing of a certificate or 38 other instrument under this chapter changing or deleting the email 39 address. 40 § 30. Paragraph (b) of section 306 of the not-for-profit corporation 41 law, as amended by chapter 23 of the laws of 2014, is amended to read as 42 follows: 43 (b) Service of process on the secretary of state as agent of a domes- 44 tic corporation formed under article four of this chapter or an author- 45 ized foreign corporation shall be made [by personally] in the manner 46 provided by subparagraph one or two of this paragraph. (1) Personally 47 delivering to and leaving with the secretary of state or his or her 48 deputy, or with any person authorized by the secretary of state to 49 receive such service, at the office of the department of state in the 50 city of Albany, duplicate copies of such process together with the stat- 51 utory fee, which fee shall be a taxable disbursement. Service of process 52 on such corporation shall be complete when the secretary of state is so 53 served. The secretary of state shall promptly send one of such copies 54 by certified mail, return receipt requested, to such corporation, at the 55 post office address, on file in the department of state, specified for 56 the purpose. If a domestic corporation formed under article four of thisS. 2508 38 A. 3008 1 chapter or an authorized foreign corporation has no such address on file 2 in the department of state, the secretary of state shall so mail such 3 copy to such corporation at the address of its office within this state 4 on file in the department. (2) Electronically submitting a copy of the 5 process to the department of state together with the statutory fee, 6 which fee shall be a taxable disbursement, through an electronic system 7 operated by the department of state, provided the domestic or authorized 8 foreign corporation has an email address on file in the department of 9 state to which the secretary of state shall email a notice of the fact 10 that process has been served electronically on the secretary of state. 11 Service of process on such corporation shall be complete when the secre- 12 tary of state has reviewed and accepted service of such process. The 13 secretary of state shall promptly send a notice of the fact that process 14 against such corporation has been served electronically on him or her to 15 such corporation at the email address on file in the department of 16 state, specified for the purpose and shall make a copy of the process 17 available to such corporation. 18 § 31. Paragraph (b) of section 307 of the not-for-profit corporation 19 law is amended to read as follows: 20 (b) (1) Service of such process upon the secretary of state shall be 21 made [by personally] in the manner provided by items (i) or (ii) of this 22 subparagraph. (i) Personally delivering to and leaving with him or his 23 deputy, or with any person authorized by the secretary of state to 24 receive such service, at the office of the department of state in the 25 city of Albany, a copy of such process together with the statutory fee, 26 which fee shall be a taxable disbursement. [Such service] (ii) Electron- 27 ically submitting a copy of the process to the department of state 28 together with the statutory fee, which fee shall be a taxable disburse- 29 ment, through an electronic system operated by the department of state. 30 (2) Service under this paragraph shall be sufficient if notice thereof 31 and a copy of the process are: 32 [(1)] (i) Delivered personally without this state to such foreign 33 corporation by a person and in the manner authorized to serve process by 34 law of the jurisdiction in which service is made, or 35 [(2)] (ii) Sent by or on behalf of the plaintiff to such foreign 36 corporation by registered mail with return receipt requested, at the 37 post office address specified for the purpose of mailing process, on 38 file in the department of state, or with any official or body performing 39 the equivalent function, in the jurisdiction of its incorporation, or if 40 no such address is there specified, to its registered or other office 41 there specified, or if no such office is there specified, to the last 42 address of such foreign corporation known to the plaintiff. 43 § 32. Subparagraph 6 of paragraph (a) of section 402 of the not-for- 44 profit corporation law, as added by chapter 564 of the laws of 1981 and 45 as renumbered by chapter 132 of the laws of 1985, is amended to read as 46 follows: 47 (6) A designation of the secretary of state as agent of the corpo- 48 ration upon whom process against it may be served and the post office 49 address within or without this state to which the secretary of state 50 shall mail a copy of any process against it served upon him or her. The 51 corporation may include an email address to which the secretary of state 52 shall email a notice of the fact that process against it has been elec- 53 tronically served upon him or her. 54 § 33. Paragraph (b) of section 801 of the not-for-profit corporation 55 law is amended by adding a new paragraph 10 to read as follows:S. 2508 39 A. 3008 1 (10) To specify, change or delete the email address to which the 2 secretary of state shall email a notice that process against the corpo- 3 ration has been electronically served upon him or her. 4 § 34. Paragraph (c) of section 802 of the not-for-profit corporation 5 law is amended by adding a new paragraph 4 to read as follows: 6 (4) To specify, change or delete the email address to which the secre- 7 tary of state shall email a notice of the fact that process against the 8 corporation has been electronically served upon him or her. 9 § 35. Subparagraph 6 of paragraph (a) of section 803 of the not-for- 10 profit corporation law, as amended by chapter 23 of the laws of 2014, is 11 amended to read as follows: 12 (6) A designation of the secretary of state as agent of the corpo- 13 ration upon whom process against it may be served and the post office 14 address within or without this state to which the secretary of state 15 shall mail a copy of any process against it served upon the secretary. 16 The corporation may include an email address to which the secretary of 17 state shall email a notice of the fact that process against it has been 18 electronically served upon him or her. 19 § 36. Paragraph (b) of section 803-A of the not-for-profit corporation 20 law, as amended by chapter 172 of the laws of 1999, is amended to read 21 as follows: 22 (b) A certificate of change which changes only the post office address 23 to which the secretary of state shall mail a copy of any process against 24 the corporation served upon him or her, and/or the email address to 25 which the secretary of state shall email a notice of the fact that proc- 26 ess against it has been electronically served upon the secretary of 27 state, and/or the address of the registered agent, provided such address 28 being changed is the address of a person, partnership or other corpo- 29 ration whose address, as agent, is the address to be changed [or], 30 and/or the email address being changed is the email address of a person, 31 partnership or other corporation, whose email address, as agent, is the 32 email address to be changed, and/or who has been designated as regis- 33 tered agent for such corporation, may be signed and delivered to the 34 department of state by such agent. The certificate of change shall set 35 forth the statements required under subparagraphs (1), (2) and (3) of 36 paragraph (a) of this section; that a notice of the proposed change was 37 mailed to the corporation by the party signing the certificate not less 38 than thirty days prior to the date of delivery to the department and 39 that such corporation has not objected thereto; and that the party sign- 40 ing the certificate is the agent of such corporation to whose address 41 the secretary of state is required to mail copies of any process against 42 the corporation served upon him or her, and/or the agent of the corpo- 43 ration to whose the email address the secretary of state is required to 44 email a notice of the fact that process against the corporation has been 45 electronically served upon him or her, and/or the registered agent, if 46 such be the case. A certificate signed and delivered under this para- 47 graph shall not be deemed to effect a change of location of the office 48 of the corporation in whose behalf such certificate is filed. 49 § 37. Paragraph (c) of section 1310 of the not-for-profit corporation 50 law, as amended by chapter 172 of the laws of 1999, is amended and a new 51 subparagraph 4 is added to paragraph (a) to read as follows: 52 (4) To specify, change or delete the email address to which the secre- 53 tary of state shall email a notice of the fact that process against the 54 corporation has been electronically served upon him or her. 55 (c) A certificate of change of application for authority which changes 56 only the post office address to which the secretary of state shall mailS. 2508 40 A. 3008 1 a copy of any process against an authorized foreign corporation served 2 upon him or her, the email address to which the secretary of state shall 3 email a notice of the fact that process against it has been electron- 4 ically served upon the secretary of state and/or which changes the 5 address of its registered agent, provided such address is the address of 6 a person, partnership or other corporation whose address, as agent, is 7 the address to be changed, and/or the email address being changed is the 8 email address of a person, partnership or other corporation whose email 9 address, as agent, is the email address to be changed, or who has been 10 designated as registered agent for such authorized foreign corporation, 11 may be signed and delivered to the department of state by such agent. 12 The certificate of change of application for authority shall set forth 13 the statements required under subparagraphs (1), (2), (3) and (4) of 14 paragraph (b) of this section; that a notice of the proposed change was 15 mailed by the party signing the certificate to the authorized foreign 16 corporation not less than thirty days prior to the date of delivery to 17 the department and that such corporation has not objected thereto; and 18 that the party signing the certificate is the agent of such foreign 19 corporation to whose address the secretary of state is required to mail 20 copies of process [or], and/or the agent of such foreign corporation to 21 whose email address the secretary of state is required to email a notice 22 of the fact that process against it has been electronically served upon 23 the secretary of state, and/or the registered agent, if such be the 24 case. A certificate signed and delivered under this paragraph shall not 25 be deemed to effect a change of location of the office of the corpo- 26 ration in whose behalf such certificate is filed. 27 § 38. Subparagraph 6 of paragraph (a) of section 1311 of the not-for- 28 profit corporation law is amended to read as follows: 29 (6) A post office address within or without this state to which the 30 secretary of state shall mail a copy of any process against it served 31 upon him or her. The corporation may include an email address to which 32 the secretary of state shall email a notice of the fact that process 33 against it has been electronically served upon him or her. 34 § 39. Section 1312 of the not-for-profit corporation law, as amended 35 by chapter 375 of the laws of 1998, is amended to read as follows: 36 § 1312. Termination of existence. 37 When an authorized foreign corporation is dissolved or its authority 38 or existence is otherwise terminated or cancelled in the jurisdiction of 39 its incorporation or when such foreign corporation is merged into or 40 consolidated with another foreign corporation, a certificate of the 41 secretary of state, or official performing the equivalent function as to 42 corporate records, of the jurisdiction of incorporation of such foreign 43 corporation attesting to the occurrence of any such event or a certified 44 copy of an order or decree of a court of such jurisdiction directing the 45 dissolution of such foreign corporation, the termination of its exist- 46 ence or the cancellation of its authority shall be delivered to the 47 department of state. The filing of the certificate, order or decree 48 shall have the same effect as the filing of a certificate of surrender 49 of authority under section 1311 (Surrender of authority). The secretary 50 of state shall continue as agent of the foreign corporation upon whom 51 process against it may be served in the manner set forth in paragraph 52 (b) of section 306 (Service of process), in any action or special 53 proceeding based upon any liability or obligation incurred by the 54 foreign corporation within this state prior to the filing of such 55 certificate, order or decree and he shall promptly cause a copy of any 56 such process to be mailed by [registered] certified mail, return receiptS. 2508 41 A. 3008 1 requested, to such foreign corporation at the post office address on 2 file in his or her office specified for such purpose or a notice of the 3 fact that process against the corporation has been served on him or her 4 to be emailed to the foreign corporation at the email address on file in 5 his or her office specified for such purpose. The post office address 6 and/or email address may be changed by signing and delivering to the 7 department of state a certificate of change setting forth the statements 8 required under section 1310 (Certificate of change[,]; contents) to 9 effect a change in the post office address and/or email address under 10 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes). 11 § 40. Subdivision (c) of section 121-104 of the partnership law, as 12 added by chapter 950 of the laws of 1990, is amended to read as follows: 13 (c) Any designated post office address to which the secretary of state 14 shall mail a copy of process served upon him as agent of a domestic 15 limited partnership or foreign limited partnership shall continue until 16 the filing of a certificate or other instrument under this article 17 directing the mailing to a different post office address and any desig- 18 nated email address to which the secretary of state shall email a notice 19 of the fact that process against such domestic limited partnership or 20 foreign limited partnership has been electronically served upon him or 21 her as agent of a domestic limited partnership or foreign limited part- 22 nership, shall continue until the filing of a certificate or other 23 instrument under this chapter changing or deleting the email address. 24 § 41. Subdivision (a) and the opening paragraph of subdivision (b) of 25 section 121-109 of the partnership law, as added by chapter 950 of the 26 laws of 1990 and as relettered by chapter 341 of the laws of 1999, are 27 amended to read as follows: 28 (a) Service of process on the secretary of state as agent of a domes- 29 tic or authorized foreign limited partnership shall be made [as follows] 30 in the manner provided by paragraph one or two of this subdivision: 31 (1) By personally delivering to and leaving with him or her or his or 32 her deputy, or with any person authorized by the secretary of state to 33 receive such service, at the office of the department of state in the 34 city of Albany, duplicate copies of such process together with the stat- 35 utory fee, which fee shall be a taxable disbursement. 36 [(2)] The service on the limited partnership is complete when the 37 secretary of state is so served. 38 [(3)] The secretary of state shall promptly send one of such copies by 39 certified mail, return receipt requested, addressed to the limited part- 40 nership at the post office address, on file in the department of state, 41 specified for that purpose. 42 (2) Electronically submitting a copy of the process to the department 43 of state together with the statutory fee, which fee shall be a taxable 44 disbursement, through an electronic system operated by the department of 45 state, provided the domestic or authorized foreign limited partnership 46 has an email address on file in the department of state to which the 47 secretary of state shall email a notice of the fact that process has 48 been served electronically on the secretary of state as agent of such 49 domestic or authorized foreign limited partnership. Service of process 50 on such limited partnership or authorized foreign limited partnership 51 shall be complete when the secretary of state has reviewed and accepted 52 service of such process. The secretary of state shall promptly send a 53 notice of the fact that process has been served to such limited partner- 54 ship at the email address on file in the department of state, specified 55 for the purpose and shall make a copy of the process available to such 56 limited partnership or authorized foreign limited partnership.S. 2508 42 A. 3008 1 In any case in which a non-domiciliary would be subject to the 2 personal or other jurisdiction of the courts of this state under article 3 three of the civil practice law and rules, a foreign limited partnership 4 not authorized to do business in this state is subject to a like juris- 5 diction. In any such case, process against such foreign limited partner- 6 ship may be served upon the secretary of state as its agent. Such proc- 7 ess may issue in any court in this state having jurisdiction of the 8 subject matter. Service of process upon the secretary of state shall be 9 made [by personally] in the manner provided by paragraph one or two of 10 this subdivision. (1) Personally delivering to and leaving with him or 11 his deputy, or with any person authorized by the secretary of state to 12 receive such service, at the office of the department of state in the 13 city of Albany, a copy of such process together with the statutory fee, 14 which fee shall be a taxable disbursement. (2) Electronically submit- 15 ting a copy of the process to the department of state together with the 16 statutory fee, which fee shall be a taxable disbursement, through an 17 electronic system operated by the department of state. Such service 18 shall be sufficient if notice thereof and a copy of the process are: 19 § 42. Paragraph 3 of subdivision (a) of section 121-201 of the part- 20 nership law, as amended by chapter 264 of the laws of 1991, is amended 21 to read as follows: 22 (3) a designation of the secretary of state as agent of the limited 23 partnership upon whom process against it may be served and the post 24 office address within or without this state to which the secretary of 25 state shall mail a copy of any process against it served upon him or 26 her. The limited partnership may include an email address to which the 27 secretary of state shall email a notice of the fact that process against 28 it has been electronically served upon him or her; 29 § 43. Paragraph 4 of subdivision (b) of section 121-202 of the part- 30 nership law, as amended by chapter 576 of the laws of 1994, is amended 31 to read as follows: 32 (4) a change in the name of the limited partnership, or a change in 33 the post office address to which the secretary of state shall mail a 34 copy of any process against the limited partnership served on him or 35 her, a change in the email address to which the secretary of state shall 36 email a notice of the fact that process against the limited partnership 37 has been electronically served upon him or her, or a change in the name 38 or address of the registered agent, if such change is made other than 39 pursuant to section 121-104 or 121-105 of this article. 40 § 44. The opening paragraph of subdivision (a) and subdivision (b) of 41 section 121-202-A of the partnership law, as added by chapter 448 of the 42 laws of 1998, are amended to read as follows: 43 A certificate of limited partnership may be changed by filing with the 44 department of state a certificate of change entitled "Certificate of 45 Change of ..... (name of limited partnership) under Section 121-202-A of 46 the Revised Limited Partnership Act" and shall be signed and delivered 47 to the department of state. A certificate of change may (i) specify or 48 change the location of the limited partnership's office; (ii) specify or 49 change the post office address to which the secretary of state shall 50 mail a copy of process against the limited partnership served upon him; 51 [and] (iii) specify, change or delete the email address to which the 52 secretary of state shall email a notice of the fact that process against 53 the limited partnership has been electronically served upon him or her; 54 and (iv) make, revoke or change the designation of a registered agent, 55 or to specify or change the address of its registered agent. It shall 56 set forth:S. 2508 43 A. 3008 1 (b) A certificate of change which changes only the post office address 2 to which the secretary of state shall mail a copy of any process against 3 a limited partnership served upon him or her, the email address to 4 which the secretary of state shall email a notice of the fact that proc- 5 ess against it has been electronically served upon the secretary of 6 state, and/or the address of the registered agent, provided such address 7 being changed is the address of a person, partnership or corporation 8 whose address, as agent, is the address to be changed, and/or the email 9 address being changed is the email address of a person, partnership or 10 other corporation whose email address, as agent, is the email address to 11 be changed, or who has been designated as registered agent for such 12 limited partnership shall be signed and delivered to the department of 13 state by such agent. The certificate of change shall set forth the 14 statements required under subdivision (a) of this section; that a notice 15 of the proposed change was mailed to the domestic limited partnership by 16 the party signing the certificate not less than thirty days prior to the 17 date of delivery to the department of state and that such domestic 18 limited partnership has not objected thereto; and that the party signing 19 the certificate is the agent of such limited partnership to whose 20 address the secretary of state is required to mail copies of process 21 [or], and/or the agent to whose email address the secretary of state is 22 required to email a notice of the fact that process against it has been 23 electronically served upon the secretary of state, and/or the registered 24 agent, if such be the case. A certificate signed and delivered under 25 this subdivision shall not be deemed to effect a change of location of 26 the office of the limited partnership in whose behalf such certificate 27 is filed. 28 § 45. Paragraph 4 of subdivision (a) of section 121-902 of the part- 29 nership law, as amended by chapter 172 of the laws of 1999, is amended 30 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 shall mail a copy of 34 any process against it served upon him or her. The limited partnership 35 may include an email address to which the secretary of state shall email 36 a notice of the fact that process against it has been electronically 37 served upon him or her; 38 § 46. The opening paragraph of subdivision (a) and subdivision (b) of 39 section 121-903-A of the partnership law, as added by chapter 448 of the 40 laws of 1998, are amended to read as follows: 41 A foreign limited partnership may change its application for authority 42 by filing with the department of state a certificate of change entitled 43 "Certificate of Change of ........ (name of limited partnership) under 44 Section 121-903-A of the Revised Limited Partnership Act" and shall be 45 signed and delivered to the department of state. A certificate of change 46 may (i) change the location of the limited partnership's office; (ii) 47 change the post office address to which the secretary of state shall 48 mail a copy of process against the limited partnership served upon him; 49 [and] (iii) specify, change or delete the email address to which the 50 secretary of state shall email a notice of the fact that process against 51 the limited partnership has been electronically served upon him or her; 52 and (iv) make, revoke or change the designation of a registered agent, 53 or to specify or change the address of its registered agent. It shall 54 set forth: 55 (b) A certificate of change which changes only the post office address 56 to which the secretary of state shall mail a copy of any process againstS. 2508 44 A. 3008 1 a foreign limited partnership served upon him or her, and/or the email 2 address to which the secretary of state shall email a notice of the fact 3 that process against it has been electronically served upon the secre- 4 tary of state, and/or the address of the registered agent, provided such 5 address being changed is the address of a person, partnership or corpo- 6 ration whose address, as agent, is the address to be changed, and/or the 7 email address being changed is the email address of a person, partner- 8 ship or other corporation whose email address, as agent, is the email 9 address to be changed, or who has been designated as registered agent 10 for such foreign limited partnership shall be signed and delivered to 11 the department of state by such agent. The certificate of change shall 12 set forth the statements required under subdivision (a) of this section; 13 that a notice of the proposed change was mailed to the foreign limited 14 partnership by the party signing the certificate not less than thirty 15 days prior to the date of delivery to the department of state and that 16 such foreign limited partnership has not objected thereto; and that the 17 party signing the certificate is the agent of such foreign limited part- 18 nership to whose address the secretary of state is required to mail 19 copies of process [or], the email address of the party to whose email 20 address the secretary of state is required to mail a notice of the fact 21 that process against it has been electronically served upon the secre- 22 tary of state and/or the registered agent, if such be the case. A 23 certificate signed and delivered under this subdivision shall not be 24 deemed to effect a change of location of the office of the limited part- 25 nership in whose behalf such certificate is filed. 26 § 47. Paragraph 6 of subdivision (b) of section 121-905 of the part- 27 nership law, as added by chapter 950 of the laws of 1990, is amended to 28 read as follows: 29 (6) a post office address within or without this state to which the 30 secretary of state shall mail a copy of any process against it served 31 upon him or her. The limited partnership may include an email address to 32 which the secretary of state shall email a notice of the fact that proc- 33 ess against it has been electronically served upon him or her. 34 § 48. Section 121-906 of the partnership law, as amended by chapter 35 172 of the laws of 1999, is amended to read as follows: 36 § 121-906. Termination of existence. When a foreign limited partner- 37 ship which has received a certificate of authority is dissolved or its 38 authority to conduct its business or existence is otherwise terminated 39 or cancelled in the jurisdiction of its organization or when such 40 foreign limited partnership is merged into or consolidated with another 41 foreign limited partnership, (i) a certificate of the secretary of 42 state, or official performing the equivalent function as to limited 43 partnership records, in the jurisdiction of organization of such limited 44 partnership attesting to the occurrence of any such event, or (ii) a 45 certified copy of an order or decree of a court of such jurisdiction 46 directing the dissolution of such foreign limited partnership, the 47 termination of its existence or the surrender of its authority, shall be 48 delivered to the department of state. The filing of the certificate, 49 order or decree shall have the same effect as the filing of a certif- 50 icate of surrender of authority under section 121-905 of this article. 51 The secretary of state shall continue as agent of the foreign limited 52 partnership upon whom process against it may be served in the manner set 53 forth in section 121-109 of this article, in any action or proceeding 54 based upon any liability or obligation incurred by the foreign limited 55 partnership within this state prior to the filing of such certificate, 56 order or decree. The post office address and/or email address may beS. 2508 45 A. 3008 1 changed by filing with the department of state a certificate of amend- 2 ment under section 121-903 or a certificate of change under section 3 121-903-A of this article. 4 § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the part- 5 nership law, as added by chapter 950 of the laws of 1990, is amended to 6 read as follows: 7 (7) A designation of the secretary of state as its agent upon whom 8 process against it may be served in the manner set forth in section 9 121-109 of this article in any action or special proceeding, and a post 10 office address, within or without this state, to which the secretary of 11 state shall mail a copy of any process served upon him or her. The 12 limited partnership may include an email address to which the secretary 13 of state shall email a notice of the fact that process against it has 14 been electronically served upon him or her. Such post office address or 15 email address shall supersede any prior address designated as the 16 address to which process shall be mailed or a notice emailed. 17 § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi- 18 sion (j-1) of section 121-1500 of the partnership law, paragraph (I) of 19 subdivision (a) as amended by chapter 643 of the laws of 1995 and as 20 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as 21 added by chapter 448 of the laws of 1998, are amended to read as 22 follows: 23 (4) a designation of the secretary of state as agent of the partner- 24 ship without limited partners upon whom process against it may be served 25 and the post office address within or without this state to which the 26 secretary of state shall mail a copy of any process against it or served 27 upon it. The partnership without limited partners may include an email 28 address to which the secretary of state shall email a notice of the fact 29 that process against it has been electronically served upon him or her; 30 (j-1) A certificate of change which changes only the post office 31 address to which the secretary of state shall mail a copy of any process 32 against a registered limited liability partnership served upon him or 33 her, and/or the email address to which the secretary of state shall 34 email a notice of the fact that process against it has been electron- 35 ically served upon the secretary of state, and/or the address of the 36 registered agent, provided such address being changed is the address of 37 a person, partnership or corporation whose address, as agent, is the 38 address to be changed [or], and/or the email address being changed is 39 the email address of a person, partnership or other corporation whose 40 email address, as agent, is the email address to be changed, and/or who 41 has been designated as registered agent for such registered limited 42 liability partnership shall be signed and delivered to the department of 43 state by such agent. The certificate of change shall set forth: (i) the 44 name of the registered limited liability partnership and, if it has been 45 changed, the name under which it was originally filed with the depart- 46 ment of state; (ii) the date of filing of its initial registration or 47 notice statement; (iii) each change effected thereby; (iv) that a notice 48 of the proposed change was mailed to the limited liability partnership 49 by the party signing the certificate not less than thirty days prior to 50 the date of delivery to the department of state and that such limited 51 liability partnership has not objected thereto; and (v) that the party 52 signing the certificate is the agent of such limited liability partner- 53 ship to whose address the secretary of state is required to mail copies 54 of process [or], and/or to whose email address the secretary of state is 55 required to mail a notice of the fact that process against it has been 56 electronically served upon the secretary of state, and/or the registeredS. 2508 46 A. 3008 1 agent, if such be the case. A certificate signed and delivered under 2 this subdivision shall not be deemed to effect a change of location of 3 the office of the limited liability partnership in whose behalf such 4 certificate is filed. The certificate of change shall be accompanied by 5 a fee of five dollars. 6 § 51. Paragraph (v) of subdivision (a) and subdivision (i-1) of 7 section 121-1502 of the partnership law, paragraph (v) of subdivision 8 (a) as amended by chapter 470 of the laws of 1997 and subdivision (i-1) 9 as added by chapter 448 of the laws of 1998, are amended to read as 10 follows: 11 (v) a designation of the secretary of state as agent of the foreign 12 limited liability partnership upon whom process against it may be served 13 and the post office address within or without this state to which the 14 secretary of state shall mail a copy of any process against it or served 15 upon it. The foreign limited liability partnership may include an email 16 address to which the secretary of state shall email a notice of the fact 17 that process against it has been electronically served upon him or her; 18 (i-1) A certificate of change which changes only the post office 19 address to which the secretary of state shall mail a copy of any process 20 against a New York registered foreign limited liability partnership 21 served upon him or her, and/or the email address to which the secretary 22 of state shall email a notice of the fact that process against it has 23 been electronically served upon the secretary of state, and/or the 24 address of the registered agent, provided such address being changed is 25 the address of a person, partnership or corporation whose address, as 26 agent, is the address to be changed [or], and/or the email address being 27 changed is the email address of a person, partnership or other corpo- 28 ration whose email address, as agent, is the email address to be 29 changed, and/or who has been designated as registered agent of such 30 registered foreign limited liability partnership shall be signed and 31 delivered to the department of state by such agent. The certificate of 32 change shall set forth: (i) the name of the New York registered foreign 33 limited liability partnership; (ii) the date of filing of its initial 34 registration or notice statement; (iii) each change effected thereby; 35 (iv) that a notice of the proposed change was mailed to the limited 36 liability partnership by the party signing the certificate not less than 37 thirty days prior to the date of delivery to the department of state and 38 that such limited liability partnership has not objected thereto; and 39 (v) that the party signing the certificate is the agent of such limited 40 liability partnership to whose address the secretary of state is 41 required to mail copies of process [or], and/or to whose email address 42 the secretary of state is required to mail a notice of the fact that 43 process against it has been electronically served upon the secretary of 44 state, and/or the registered agent, if such be the case. A certificate 45 signed and delivered under this subdivision shall not be deemed to 46 effect a change of location of the office of the limited liability part- 47 nership in whose behalf such certificate is filed. The certificate of 48 change shall be accompanied by a fee of five dollars. 49 § 52. Subdivision (a) of section 121-1505 of the partnership law, as 50 added by chapter 470 of the laws of 1997, is amended to read as follows: 51 (a) Service of process on the secretary of state as agent of a regis- 52 tered limited liability partnership or New York registered foreign 53 limited liability partnership under this article shall be made [by54personally] in the manner provided by paragraph one or two of this 55 subdivision. (1) Personally delivering to and leaving with the secretary 56 of state or a deputy, or with any person authorized by the secretary ofS. 2508 47 A. 3008 1 state to receive such service, at the office of the department of state 2 in the city of Albany, duplicate copies of such process together with 3 the statutory fee, which fee shall be a taxable disbursement. Service of 4 process on such registered limited liability partnership shall be 5 complete when the secretary of state is so served. The secretary of 6 state shall promptly send one of such copies by certified mail, return 7 receipt requested, to such registered limited liability partnership, at 8 the post office address on file in the department of state specified for 9 such purpose. (2) Electronically submitting a copy of the process to the 10 department of state together with the statutory fee, which fee shall be 11 a taxable disbursement, through an electronic system operated by the 12 department of state, provided the registered limited liability partner- 13 ship or New York registered foreign limited liability partnership has an 14 email address on file in the department of state to which the secretary 15 of state shall email a notice of the fact that process against such 16 registered limited liability partnership or New York registered foreign 17 limited liability partnership served has been electronically served on 18 the secretary of state. Service of process on such registered limited 19 liability partnership or New York registered foreign limited liability 20 partnership shall be complete when the secretary of state has reviewed 21 and accepted service of such process. The secretary of state shall 22 promptly send a notice of the fact that process against such registered 23 limited liability partnership or New York registered foreign limited 24 liability partnership has been served electronically upon him or her, to 25 such registered limited liability partnership or New York registered 26 foreign limited liability partnership at the email address on file in 27 the department of state, specified for the purpose and shall make a copy 28 of the process available to such registered limited liability partner- 29 ship or New York registered foreign limited liability partnership. 30 § 53. Subdivision 7 of section 339-n of the real property law, as 31 amended by chapter 346 of the laws of 1997, is amended to read as 32 follows: 33 7. A designation of the secretary of state as agent of the corporation 34 or board of managers upon whom process against it may be served and the 35 post office address within or without this state to which the secretary 36 of state shall mail a copy of any process against it served upon him or 37 her. The designation may include an email address to which the secretary 38 of state shall email a notice of the fact that process against it has 39 been electronically served upon him or her. Service of process on the 40 secretary of state as agent of such corporation or board of managers 41 shall be made [personally] in the manner provided by paragraph (a) or 42 (b) of this subdivision. (a) Personally delivering to and leaving with 43 him or her or his or her deputy, or with any person authorized by the 44 secretary of state to receive such service, at the office of the depart- 45 ment of state in the city of Albany, duplicate copies of such process 46 together with the statutory fee, which shall be a taxable disbursement. 47 Service of process on such corporation or board of managers shall be 48 complete when the secretary of state is so served. The secretary of 49 state shall promptly send one of such copies by certified mail, return 50 receipt requested, to such corporation or board of managers, at the post 51 office address, on file in the department of state, specified for such 52 purpose. (b) Electronically submitting a copy of the process to the 53 department of state together with the statutory fee, which fee shall be 54 a taxable disbursement, through an electronic system operated by the 55 department of state, provided the corporation or board of managers has 56 an email address on file in the department of state to which the secre-S. 2508 48 A. 3008 1 tary of state shall email a notice of the fact that process against the 2 corporation or board of managers has been served electronically on the 3 secretary of state. Service of process on such corporation or board of 4 managers shall be complete when the secretary of state has reviewed and 5 accepted service of such process. The secretary of state shall promptly 6 send notice of the fact that process has been served electronically on 7 the secretary of state to such corporation or board of managers at the 8 email address on file in the department of state, specified for the 9 purpose and shall make a copy of the process available to such corpo- 10 ration or board of managers. Nothing in this subdivision shall affect 11 the right to serve process in any other manner permitted by law. The 12 corporation or board of managers shall also file with the secretary of 13 state the name and post office address within or without this state to 14 which the secretary of state shall mail a copy of any process against it 15 served upon the secretary of state and shall update the filing as neces- 16 sary. 17 § 54. This act shall take effect January 1, 2023. 18 PART P 19 Section 1. The executive law is amended by adding a new section 142-b 20 to read as follows: 21 § 142-b. Remote notarization. 1. Definitions. As used in this section, 22 the following terms have the following meanings: 23 (a) "Audio-video communication" means being able to see, hear, and 24 communicate with another individual in real time using electronic means. 25 (b) "Credential" means a government-issued identification document 26 that includes the principal's photograph, signature, and multiple 27 credential security features such as: a holographic image, raised or 28 textured print, microprinting, laser engraving, optical variable ink, 29 long life multi-layer PET (polyethylene terephthalate)/PVC (polyvinyl 30 chloride) credential body construction, the issuing agency's seal, or 31 the credential holder's physical characteristics (such as height, eye 32 color, hair color). 33 (c) "Credential analysis" means a process or service which authenti- 34 cates a credential through review of public and proprietary data sourc- 35 es, and complies with the following criteria: 36 (i) uses automated software processes to aid the notary public in 37 verifying the identity of a remotely located individual; 38 (ii) ensures that the credential passes an authenticity test, consist- 39 ent with sound commercial practices that: 40 (1) uses appropriate technologies to confirm the integrity of visual, 41 physical, or cryptographic security features; 42 (2) uses appropriate technologies to confirm that the identification 43 credential is not fraudulent or inappropriately modified; 44 (3) uses information held or published by the issuing source or an 45 authoritative source, as available, to confirm the validity of personal 46 details and identification credential details; and 47 (iii) provides output of the credential analysis to the notary public; 48 and 49 (iv) enables the notary public to visually compare the credential and 50 the remotely located individual as viewed by the notary public in real 51 time through audio-video communication. 52 (d) "Electronic" shall have the same meaning as set forth in section 53 three hundred two of the state technology law.S. 2508 49 A. 3008 1 (e) "Electronic record" means information evidencing any act, trans- 2 action, occurrence, event or other activity, produced or stored by elec- 3 tronic means and capable of being accurately reproduced in forms percep- 4 tible by human sensory capabilities. 5 (f) "Electronic signature" means an electronic sound, symbol, or proc- 6 ess, attached to or logically associated with an electronic record and 7 executed or adopted by a person with the intent to sign the record. 8 (g) "Identity proofing" means a knowledge-based authentication process 9 through which a third party confirms the identity of a principal through 10 review of personal information from public and proprietary data sources 11 as may be further defined by regulation. 12 (h) "Notarial act" means the performance of an act authorized by 13 section one hundred thirty-five of this chapter. 14 (i) "Principal" means an individual: 15 (i) whose signature is reflected on a document that is notarized; 16 (ii) who has taken an oath or affirmation administered by a notary 17 public; or 18 (iii) whose signature is reflected on a document that is notarized 19 after the individual has taken an oath or affirmation administered by a 20 notary public. 21 (j) "Record" means information that is inscribed on a tangible medium 22 or that is stored in an electronic or other medium and is retrievable in 23 perceivable form. 24 (k) "Remote notarization" means the act of performing any notarial act 25 that is authorized under section one hundred thirty-five of this chapter 26 where a principal who is not in the physical presence of the notary 27 public obtains a notarial act under subdivision two of this section. 28 (l) "Remote presentation" means display of a credential to the notary 29 public through audio-video communication in a manner that allows the 30 notary public to compare the principal to the credential facial image 31 and to examine the front and back of any credential. 32 (m) "Wet signature" means a signature affixed in ink or pencil or 33 other material to a paper document. 34 2. Any notary public qualified under this article is hereby authorized 35 to perform a remote notarization by utilizing audio-video technology 36 that allows the notary public to interact with a principal, provided 37 that all conditions of this subdivision are met. 38 (a) The notary public must verify the identity of the principal in a 39 manner consistent with the requirements of subdivision three of this 40 section. A notary public may require an individual to provide additional 41 information or identification credentials necessary to assure the notary 42 public of the identity of the principal. 43 (b) The audio-video conference must allow for real-time, direct inter- 44 action between the principal and the notary public. 45 (c) The communication technology must provide reasonable security 46 measures to prevent unauthorized access to the audio-video communication 47 and to the methods used to verify the identity of the principal. 48 (d) A recording, containing both audio and video, of the remote notar- 49 ization must be retained by the notary public for at least ten years. 50 (e) The notary public must take reasonable steps to ensure that a 51 backup of the recording of the remote notarization exists and is secured 52 from unauthorized use. A notary public may authorize a third party to 53 retain such recordings on behalf of the notary, provided that all 54 recordings retained by a third party be made available to the secretary 55 upon request.S. 2508 50 A. 3008 1 (f) If a notarial act is performed under this section, the certif- 2 icates of an acknowledgment must conform substantially with the language 3 in this paragraph that corresponds to the type of transaction at issue, 4 the blanks being properly filled. 5 (1) For a remote notarization when the principal is located outside 6 the State of New York: 7 State of New York }ss.: 8 County of ........} 9 On the .......... day of ........ in the year ..... before me, the 10 undersigned, appeared through use of audio and video communi- 11 cation........, personally known to me or proved to me on the basis of 12 satisfactory evidence to be the individual(s) whose name(s) is (are) 13 subscribed to the within instrument, acknowledged to me that he/she/they 14 executed the same in his/her/their capacity(ies), and that by 15 his/her/their signature(s) on the instrument, the individual(s), or the 16 person upon behalf of which the individual(s) acted, executed the 17 instrument, and who declared that (pronoun) (is) (are) located in ... 18 (jurisdiction and location name) and that this record is to be filed 19 with or relates to a matter before a court, governmental entity, public 20 official, or other entity located in the territorial jurisdiction of the 21 United States, or involves property located in the territorial jurisdic- 22 tion of, or a transaction substantially connected with, the United 23 States. (Signature and office of individual taking acknowledgement.) 24 (2) For a remote notarization when the principal is located within the 25 State of New York: 26 State of New York }ss.: 27 County of ........} 28 On the .......... day of ..... in the year ..... before me, the 29 undersigned, appeared through use of audio and video communi- 30 cation........, personally known to me or proved to me on the basis of 31 satisfactory evidence to be the individual(s) whose name(s) is (are) 32 subscribed to the within instrument and acknowledged to me that 33 he/she/they executed the same in his/her/their capacity(ies), and that 34 by his/her/their signature(s) on the instrument, the individual(s), or 35 the person upon behalf of which the individual(s) acted, executed the 36 instrument. (Signature and office of individual taking acknowledgement.) 37 (g) For receipt and certification of instruments, the principal must 38 transmit by fax or electronic means a legible copy of the signed signa- 39 ture page directly to the notary public on the same date it was signed 40 before the notary public affixes their wet signature. 41 (h) The notary public must be physically situated in New York state at 42 the time of the remote notarization. 43 (i) The notary public must maintain a journal of each remote notariza- 44 tion performed pursuant to this section, which upon demand, shall be 45 subject to inspection by the secretary of state. The journal required by 46 this subdivision shall be maintained by each notary public for as long 47 as such notary public remains in office and then for an additional five 48 years thereafter. Each journal entry shall: 49 (1) Be made contemporaneously with the performance of the notarial 50 act; 51 (2) Indicate the date and approximate time of the notarial act; 52 (3) Indicate the name of the principal; 53 (4) Indicate the technology used to perform the remote presentation; 54 (5) Indicate the number and type of notarial services provided; and 55 (6) Indicate the type of credential used to identify the principal.S. 2508 51 A. 3008 1 3. The notary public must be able to verify the identity of the prin- 2 cipal at the time the notarial act is provided by one of the following 3 methods: 4 (a) The notary public's personal knowledge of the principal; or 5 (b) Identification of the principal who appears remotely before the 6 notary by means of audio-video communication by each of the following: 7 (i) Remote presentation by the principal of a credential; 8 (ii) Credential analysis; and 9 (iii) Identity proofing of the principal; or 10 (c) Oath or affirmation of a credible witness who personally knows the 11 principal and who is either personally known to the notary public or who 12 is identified by the notary public under paragraph (b) of this subdivi- 13 sion. 14 4. The notary public may notarize the electronically transmitted copy 15 of the document and transmit the document back to the principal by mail, 16 or by fax or secure electronic means. If the notarized document is tran- 17 smitted to the principal by fax or secure electronic means, the notary 18 public shall promptly destroy the original after receiving confirmation 19 of the transmission. An electronically transmitted document notarized 20 pursuant to this section shall be considered an original document. The 21 notary public may repeat the notarization of the original signed docu- 22 ment as of the date of execution provided the notary public receives 23 such original signed document together with the electronically notarized 24 copy within thirty days after the date of execution. 25 5. Notwithstanding article 9 of the real property law or any other law 26 or regulation to the contrary, any act performed in conformity with this 27 section shall be a permissive alternative to a personal appearance, 28 unless a law expressly excludes the authorization provided for in this 29 section. 30 6. Any person who suffers actual damages as a result of a principal 31 who violates any of the provisions of this section, shall have a civil 32 cause of action against any such principal in a court of competent 33 jurisdiction. 34 7. The secretary of state may promulgate regulations establishing 35 minimum standards that relate to reasonable security measures to prevent 36 unauthorized access to audio-video communication and to the methods used 37 to verify the identity of the principal, and any other matters necessary 38 to administer the provisions of this section. 39 8. Pursuant to section one hundred thirty of this article, the secre- 40 tary of state may suspend or remove from office any notary public that 41 violates this section. 42 9. Notarial signature. 43 (a) Nothing in this section shall be construed as permitting a notary 44 public to use an electronic signature to perform a remote notarization. 45 Each remote notarization shall be completed by wet signature. 46 (b) A county clerk may certify pursuant to section one hundred thir- 47 ty-three of this article the autograph signature of a notary public on 48 any document that has been remotely notarized in compliance with this 49 section. 50 10. Fees. Notwithstanding section one hundred thirty-six of this arti- 51 cle, a notary public that performs a remote notarization pursuant to 52 this section shall be entitled to the following fees: 53 (a) For administering an oath or affirmation, and certifying the same 54 when required, except where another fee is specifically prescribed by 55 statute, five dollars.S. 2508 52 A. 3008 1 (b) For taking and certifying the acknowledgment or proof of execution 2 of a written instrument, by one person, five dollars, and by each addi- 3 tional person, five dollars, for swearing each witness thereto, five 4 dollars. 5 11. Nothing in this section shall be construed as requiring any notary 6 public to perform a remote notarization. A notary public may refuse to 7 perform a notarial act if the notary public is not satisfied that (i) 8 the principal is competent or has the capacity to execute a record, or 9 (ii) the principal's signature is knowingly and voluntarily made. 10 § 2. Subdivision 1 of section 309-a of the real property law, as sepa- 11 rately amended by chapter 179 of the laws of 1997 and chapter 596 of the 12 laws of 1998, is amended to read as follows: 13 1. The certificate of an acknowledgment, within this state, of a 14 conveyance or other instrument in respect to real property situate in 15 this state, by a person, must conform substantially with the following 16 form, the blanks being properly filled: 17 State of New York }ss.: 18 County of ........} 19 On the .......... day of ........ in the year ..... before me, the 20 undersigned, either (i) personally appeared or (ii) appeared remotely by 21 audio and video technology ........, personally known to me or proved to 22 me on the basis of satisfactory evidence to be the individual(s) whose 23 name(s) is (are) subscribed to the within instrument and acknowledged to 24 me that he/she/they executed the same in his/her/their capacity(ies), 25 and that by his/her/their signature(s) on the instrument, the 26 individual(s), or the person upon behalf of which the individual(s) 27 acted, executed the instrument. 28 (Signature and office of individual taking acknowledgement.) 29 § 3. Subdivision 1 of section 309-b of the real property law, as 30 amended by chapter 609 of the laws of 2002, is amended to read as 31 follows: 32 1. The certificate of an acknowledgement, without this state, of a 33 conveyance or other instrument with respect to real property situate in 34 this state, by a person, may conform substantially with the following 35 form, the blanks being properly filled: 36 State, District of Columbia, Territory, Possession, or Foreign Country 37 ) ss.: 38 On the _______ day of __________ in the year _______ before me, the 39 undersigned, either (i) personally appeared or (ii) appeared remotely by 40 audio and video technology ______________, personally known to me or 41 proved to me on the basis of satisfactory evidence to be the 42 individual(s) whose name(s) is (are) subscribed to the within instrument 43 and acknowledged to me that he/she/they executed the same in 44 his/her/their capacity(ies), and that by his/her/their signature(s) on 45 the instrument, the individual(s), or the person upon behalf of which 46 the individual(s) acted, executed the instrument. 47 (Signature and office of individual taking acknowledgement.) 48 § 4. This act shall take effect immediately. 49 PART Q 50 Section 1. Paragraph (b) of subdivision 5 of section 8-0111 of the 51 environmental conservation law, as amended by chapter 388 of the laws of 52 2011, is amended to read as follows:S. 2508 53 A. 3008 1 (b) Actions subject to the provisions requiring a certificate of envi- 2 ronmental compatibility and public need in articles seven, ten and the 3 former article eight of the public service law or requiring a siting 4 permit under section ninety-four-c of the executive law; or 5 § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7 6 of section 94-c of the executive law, as added by section 4 of part JJJ 7 of chapter 58 of the laws of 2020, is amended to read as follows: 8 (i) Notwithstanding any other provision of law, rule, or regulation to 9 the contrary and consistent with appropriations therefor, employees of 10 any state agency who are necessary to the functions of the office and 11 who may be substantially engaged in the performance of its functions 12 shall be transferred to the office in accordance with the provisions of 13 section [seventy-eight] seventy of the civil service law. Employees 14 transferred pursuant to this section shall be transferred without 15 further examination or qualification and shall retain their respective 16 civil service classifications. Nothing set forth in this subdivision 17 shall be construed to impede, infringe, or diminish the rights and bene- 18 fits that accrue to employees through collective bargaining agreements, 19 impact or change an employee's membership in a bargaining unit, or 20 otherwise diminish the integrity of the collective bargaining relation- 21 ship. 22 (d) In addition to the fees established pursuant to paragraph (a) of 23 this subdivision, the office, pursuant to regulations adopted pursuant 24 to this section, may assess a fee for the purpose of recovering [the] 25 costs the office incurs [related to reviewing and processing an applica-26tion submitted under this section]. 27 § 3. Subdivision 2-b of section 2 of the public service law, as 28 amended by chapter 6 of the laws of 2011, is amended to read as follows: 29 2-b. The term "alternate energy production facility," when used in 30 this chapter, includes any solar, wind turbine, fuel cell, tidal, wave 31 energy, waste management resource recovery, refuse-derived fuel, wood 32 burning facility, or energy storage device utilizing batteries, flow 33 batteries, flywheels or compressed air, together with any related facil- 34 ities located at the same project site, with an electric generating 35 capacity of [up to eighty] less than twenty-five megawatts, which 36 produces electricity, gas or useful thermal energy. 37 § 4. This act shall take effect immediately and shall be deemed to 38 have been in full force and effect on and after April 3, 2020; provided, 39 however, that section three of this act shall not apply to any major 40 electric generating facility issued a certificate under article 10 of 41 the public service law prior to such date; and provided further, that 42 the amendments to section 94-c of the executive law, made by section two 43 of this act, shall not affect the repeal of such section and shall be 44 deemed repealed therewith. 45 PART R 46 Section 1. Notwithstanding any provision of law to the contrary, 47 general, special or local, (1) a building owner is authorized pursuant 48 to sections 28-320-3.6 and 28-320-3.6.1 of the administrative code of 49 the city of New York to deduct from the reported annual building emis- 50 sions the number of renewable energy credits purchased by or on behalf 51 of such owner associated with energy produced by a renewable energy 52 resource that is eligible under tier 2 of the renewable energy standard 53 (RES) adopted by the public service commission, or qualifying renewable 54 energy credits made available through contracts with the New York stateS. 2508 54 A. 3008 1 energy research and development authority and associated with energy 2 produced by offshore wind energy resources delivering into the zone J 3 load zone or energy resources subject to tier 4 of the RES; provided, 4 however, that such building owner may only use tier 2 renewable energy 5 credits for the purposes of this subdivision in the absence of the 6 availability of such offshore wind or tier 4 renewable energy credits; 7 and (2) renewable energy credits associated with energy produced by such 8 offshore wind, tier 2 and tier 4 energy resources shall be treated the 9 same with respect to the conversion of such credits into emissions that 10 may be deducted by such building owner. 11 § 2. This act shall take effect immediately and shall expire and be 12 deemed repealed December 31, 2034. 13 PART S 14 Section 1. The public authorities law is amended by adding a new 15 section 2564-a to read as follows: 16 § 2564-a. Additional powers of the corporation. 1. For the purposes of 17 this section, the following terms shall have the following meanings: 18 (a) "premises" means all buildings and structures now or hereafter 19 constituting all or any part of the Jacob K. Javits Convention Center at 20 and in the general vicinity of 655 West 34th Street and 650 West 39th 21 Street, New York, New York, together with the lands on which such build- 22 ings and structures are or will be located. 23 (b) "New York city codes" means the New York city construction codes 24 of two thousand fourteen, including but not limited to the building, 25 mechanical, plumbing, fuel gas, and energy conservation codes; the New 26 York city construction and maintenance code of nineteen hundred sixty- 27 eight; the New York city fire code of two thousand fourteen; the New 28 York city electrical code; the New York city energy code; title one of 29 the rules of the city of New York, department of buildings; title two of 30 the rules of the city of New York board of standards and appeals; and 31 title three of the rules of the city of New York fire department. 32 (c) "The uniform code" means the New York state uniform fire 33 prevention and building code. 34 (d) "The NYS energy code" means the New York state energy conservation 35 construction code. 36 (e) "Part twelve hundred four" means part twelve hundred four of title 37 nineteen of the codes, rules and regulations of New York state, as 38 amended. 39 2. In connection with the operations and ongoing events and other 40 activities at any building or structure constituting all or any part of 41 a premises, the corporation may, for purposes of such premises, act as 42 the construction-permitting agency pursuant to article eighteen of the 43 executive law and the regulations promulgated thereunder, as amended. 44 Notwithstanding any other provision of any other state or local law, 45 rule or regulation to the contrary: 46 (a) when the corporation acts as the construction-permitting agency 47 for the premises or any portion thereof, the corporation may elect, if 48 deemed feasible and appropriate, to subject all or any part of such 49 premises and all buildings and structures constituting all or any part 50 of the premises to the requirements of the New York city codes, as 51 amended, instead of the requirements of the uniform code and the NYS 52 energy code, as amended, for such premises; and 53 (b) Notwithstanding the fact that such premises and all buildings and 54 structures constituting all or any part of such premises shall beS. 2508 55 A. 3008 1 subject to the requirements of the New York city codes instead of the 2 requirements of the uniform code and NYS energy code: 3 (i) the corporation shall be authorized to: 4 (A) render such services for all or any portion of any such premises 5 without approval of any other state department, agency, officer or 6 office but only as directly related to the authority granted by this 7 section; and 8 (B) take all reasonably required actions to execute its duties as the 9 construction-permitting agency, including without limitation, those 10 required to review, permit and inspect the premises and enforce the New 11 York city codes; and 12 (C) issue temporary place of assembly permits, temporary structure 13 permits, construction permits and all other permits available under the 14 New York city codes after determining any request or application for 15 such permits complies with the requirements of the New York city codes; 16 and 17 (D) issue a code compliance certificate, certificate of occupancy, or 18 a temporary approval for occupancy allowing use and occupancy of the 19 premises or parts thereof after determining such premises or parts ther- 20 eof complies with the requirements of the New York city codes; and 21 (E) employ such experts and consultants as shall reasonably be 22 required to fulfill its responsibilities as the construction-permitting 23 agency; and 24 (ii) the corporation shall continue to act as the construction-permit- 25 ting agency for such premises and for all buildings and structures 26 constituting all or any part of such premises, and shall determine that 27 the design of any such building and structure, or, if applicable, the 28 design of any phase or portion of any such building or structure, 29 complies with the requirements of the New York city codes before issuing 30 a construction permit for such building or structure, or phase or 31 portion thereof, and shall determine that such building or structure, 32 or, if applicable, any phase or portion thereof, complies with the 33 requirements of the New York city codes before issuing a code compliance 34 certificate or temporary approval for occupancy for such building or 35 structure, or phase or portion thereof; and 36 (iii) upon written request of the corporation or any other interested 37 party for a variance or modification of any provision or requirement of 38 any one or more of the New York city codes, the department of state 39 shall be authorized to consider the evidence offered and such other 40 reports, studies and other information the department of state may deem 41 appropriate, arrange for the review of the request by other state agen- 42 cies or internal or external experts and consultants, make findings of 43 fact and conclusions of law, and render a decision in writing on such 44 request, granting or denying, in whole or in part, the requested vari- 45 ance or modification, provided, however, that: 46 (A) no such variance or modification shall be granted unless the 47 applicant establishes to the satisfaction of the department of state 48 that granting such variance or modification shall not materially affect 49 adversely provisions for health, safety and security; and 50 (B) any decision to grant a variance or modification, in whole or in 51 part, shall also be noted on the applicable plans and specifications 52 signed and sealed by a professional engineer or architect; and 53 (iv) such premises and all buildings and structures constituting all 54 or any part of such premises shall continue to be subject to the 55 provisions of part twelve hundred four; provided, however, that for the 56 purposes of applying part twelve hundred four, all references in partS. 2508 56 A. 3008 1 twelve hundred four to the uniform code shall be deemed to be references 2 to the New York city codes; and 3 (v) no municipal corporation or subdivision thereof shall have the 4 power to modify or change the plans or specifications for such premises, 5 or the construction, plumbing, heating, lighting or other mechanical 6 branch work necessary to complete the work in question, nor to require 7 that any person, firm or corporation employed on any such work shall 8 perform any such work in any other different manner than that required 9 by such plans and specifications, nor to conduct construction-related 10 inspections, including but not limited to fire safety inspections or 11 other inspections of such premises or of any building or structure 12 constituting all or any part of such premises, nor to issue notices of 13 violation, orders to remedy, summonses, or other enforcement-related 14 instruments of any kind relating to any alleged violation of the New 15 York city codes by such premises or any building or structure constitut- 16 ing all or any part of such premises, and no condition or requirement 17 whatever may be imposed by any such municipal corporation or subdivision 18 thereof in relation to work being done on such premises, as such work 19 shall be under the sole control of the corporation in accordance with 20 the plans, specification and contracts in relation thereto, provided 21 that emergency personnel shall have access to the premises site for 22 purposes of emergency operations, coordination, and preparedness; and 23 (c) the corporation shall be responsible for reimbursement to the 24 department of state for costs incurred in considering a request for a 25 variance or modification as contemplated by subparagraph (iii) of para- 26 graph (b) of this subdivision. 27 3. Nothing in this section shall prohibit the corporation from negoti- 28 ating an agreement with the applicable municipal corporation to assume 29 administration and enforcement of any applicable codes with respect to 30 the premises or any individual project on the premises. 31 4. Nothing in this section shall prohibit the corporation from utiliz- 32 ing the uniform code and the NYS energy code, as amended for any addi- 33 tional work that requires a construction permit. 34 § 2. This act shall take effect immediately. 35 PART T 36 Section 1. Legislative Findings. The legislature hereby finds and 37 determines that the establishment of the utility debt securitization 38 authority under part B of chapter 173 of the laws of 2013, as amended, 39 permitted the issuance of securitized restructuring bonds on favorable 40 terms which resulted in lower aggregate distribution, transmission and 41 transition charges to Long Island ratepayers, compared to other avail- 42 able alternatives, and the purposes of such act will be further advanced 43 by amending such act to permit the issuance of additional such bonds 44 subject to a limit on the outstanding principal amount thereof and to 45 allow such bonds to be issued to refund bonds of the utility debt secu- 46 ritization authority. The legislature hereby further finds and deter- 47 mines that improvements to the transmission and distribution system of 48 the Long Island Power Authority to increase resiliency and better with- 49 stand the effects of climate change are necessary, and that issuance of 50 securitized restructuring bonds by the Utility Debt Securitization 51 Authority may allow the funding of such improvements on more favorable 52 terms than if such bonds were issued by the Long Island Power Authority. 53 § 2. Subdivision 2 of section 2 of part B of chapter 173 of the laws 54 of 2013 relating to the issuance of securitized restructuring bonds toS. 2508 57 A. 3008 1 refinance the outstanding debt of the Long Island power authority, is 2 amended to read as follows: 3 2. "Approved restructuring costs" means, to the extent approved as 4 such under a restructuring cost financing order, (a) costs of purchas- 5 ing, redeeming or defeasing a portion of outstanding debt of the author- 6 ity or the restructuring bond issuer, including bonds and notes issued 7 by the authority or the restructuring bond issuer, debt issued by the 8 New York state energy research and development authority for the benefit 9 of the LILCO; (b) costs of terminating interest rate swap contracts and 10 other financial contracts entered into by or for the benefit of the 11 authority and related to debt obligations of the authority; (c) rebate, 12 yield reduction payments and any other amounts payable to the United 13 States Treasury or to the Internal Revenue Service to preserve or 14 protect the federal tax-exempt status of outstanding debt obligations of 15 the authority; [and] (d) upfront financing costs associated with 16 restructuring bonds; and (e) system resiliency costs. 17 § 3. Subdivision 11 of section 2 of part B of chapter 173 of the laws 18 of 2013 relating to the issuance of securitized restructuring bonds to 19 refinance the outstanding debt of the Long Island power authority, as 20 amended by section 2-a of part W of chapter 58 of the laws of 2015, is 21 amended to read as follows: 22 11. "Restructuring bonds" means bonds or other evidences of indebt- 23 edness that are issued pursuant to an indenture or other agreement of 24 the restructuring bond issuer under a restructuring cost financing order 25 (a) the proceeds of which are used, directly or indirectly, to recover, 26 finance, or refinance approved restructuring costs, (b) that are direct- 27 ly or indirectly secured by, or payable from, restructuring property, 28 and (c) that have a term no longer than thirty years [and (d) that have29a final scheduled maturity date no later than the final scheduled matu-30rity date of the authority bonds purchased, redeemed or defeased with31the proceeds of such restructuring bonds]. 32 § 4. Section 2 of part B of chapter 173 of the laws of 2013 relating 33 to the issuance of securitized restructuring bonds to refinance the 34 outstanding debt of the Long Island power authority, is amended by 35 adding a new subdivision 17-a to read as follows: 36 17-a. "System resiliency costs" means, to the extent approved as such 37 under a restructuring cost financing order, costs of rebuilding, improv- 38 ing or constructing transmission and distribution system assets to 39 increase resiliency of such assets, better withstand changes in climate, 40 absorb impacts from outage-inducing events, and recover quickly from 41 outages including but not limited to, improvements to and replacement of 42 poles and wires, moving power lines underground, raising substations, 43 constructing flood barriers, and system automation and costs of purchas- 44 ing, redeeming or defeasing debt of the authority incurred to finance 45 such costs or reimbursing the authority for amounts already spent on 46 such costs. 47 § 5. Subdivision 1 of section 3 of part B of chapter 173 of the laws 48 of 2013 relating to the issuance of securitized restructuring bonds to 49 refinance the outstanding debt of the Long Island power authority, is 50 amended to read as follows: 51 1. Standard. The authority may prepare a restructuring cost financing 52 order (a) for the purpose of issuing restructuring bonds to refinance 53 outstanding debt of the authority or the restructuring bond issuer based 54 on a finding that such bond issuance is expected to result in savings to 55 consumers of electric transmission and distribution services in the 56 service area on a net present value basis; or (b) for the purpose ofS. 2508 58 A. 3008 1 issuing restructuring bonds to finance system resiliency costs based on 2 a finding that funding of such system resiliency costs by the issuer 3 would result in lower costs to consumers of electric transmission and 4 distribution services in the service area on a net present value basis 5 than funding of such costs by the authority. 6 § 6. Paragraph (a) of subdivision 1 of section 4 of part B of chapter 7 173 of the laws of 2013 relating to the issuance of securitized restruc- 8 turing bonds to refinance the outstanding debt of the Long Island power 9 authority, as amended by section 3 of part W of chapter 58 of the laws 10 of 2015, is amended to read as follows: 11 (a) For the purpose of effectuating the purposes declared in section 12 one of this act, there is hereby created a special purpose corporate 13 municipal instrumentality of the state to be known as "utility debt 14 securitization authority", which shall be a body corporate and politic, 15 a political subdivision of the state, and a public benefit corporation, 16 exercising essential governmental and public powers for the good of the 17 public. Such restructuring bond issuer shall not be created or organ- 18 ized, and its operations shall not be conducted, for the purpose of 19 making a profit. No part of the revenues or assets of such restructuring 20 bond issuer shall inure to the benefit of or be distributable to its 21 trustees or officers or any other private persons, except as herein 22 provided for actual services rendered. [The aggregate principal amount23of restructuring bonds authorized to be issued by restructuring bond24issuers created pursuant to this act shall not exceed] No more than four 25 billion five hundred million dollars aggregate principal amount of 26 restructuring bonds issued by restructuring bond issuers created pursu- 27 ant to this act shall be outstanding at any time. For the purposes of 28 this section, restructuring bonds shall not be deemed to be outstanding 29 if they have matured or if they have been paid or redeemed or provision 30 for payment or redemption of such bonds shall have been made. 31 § 7. Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 of 32 section 4 of part B of chapter 173 of the laws of 2013 relating to the 33 issuance of securitized restructuring bonds to refinance the 34 outstanding debt of the Long Island power authority, subparagraph (i) as 35 amended and subparagraph (iv) as added by section 4 of part W of chapter 36 58 of the laws of 2015, are amended to read as follows: 37 (i) issue the restructuring bonds contemplated by a restructuring cost 38 financing order, and use the proceeds thereof to purchase or acquire, 39 and to own, hold and use restructuring property or to pay or fund 40 upfront financing costs [provided, however, that the restructuring bond41issuer shall not issue restructuring bonds for the purpose of refunding42other restructuring bond]; 43 (iv) [only] issue restructuring bonds of which the final scheduled 44 maturity date of any series of restructuring bonds shall be no later 45 than [the final scheduled maturity date of the authority bonds to be46purchased, redeemed or defeased with the proceeds of such restructuring47bonds] thirty years from the date of issuance of such restructuring 48 bonds. 49 § 8. This act shall take effect immediately. 50 PART U 51 Section 1. Paragraph 4 of subdivision (c) of section 188-a of the 52 economic development law, as added by section 2 of part CC of chapter 60 53 of the laws of 2011, is amended to read as follows:S. 2508 59 A. 3008 1 (4) The board may base its recommendation on which eligible applicants 2 it determines best meet the applicable criteria; provided, however, that 3 the board shall dedicate recharge New York power as follows: (i) at 4 least three hundred fifty megawatts for use at facilities located within 5 the service territories of the utility corporations that, prior to the 6 effective date of this section, purchased Niagara and Saint Lawrence 7 hydroelectric power for the benefit of their domestic and rural consum- 8 ers; (ii) at least two hundred megawatts for the purposes of attracting 9 new business to the state, creating new business within the state, or 10 encouraging the expansion of existing businesses within the state, that 11 create new jobs or leverage new capital investment; and (iii) an amount 12 not to exceed one hundred fifty megawatts for eligible small businesses 13 and eligible not-for-profit corporations. 14 § 2. This act shall take effect immediately. 15 PART V 16 Section 1. Subsections (e) and (g) of section 7002 of the insurance 17 law, as amended by chapter 188 of the laws of 2003, are amended to read 18 as follows: 19 (e) "Industrial insured" means an insured: 20 (1) whose net worth exceeds one hundred million dollars; 21 (2) who is a member of a holding company system whose net worth 22 exceeds one hundred million dollars; 23 (3) who is the metropolitan transportation authority and its statutory 24 subsidiaries. When filing an application to form a pure captive insur- 25 ance company the metropolitan transportation authority shall submit 26 written notice of such filing to the governor, the temporary president 27 of the senate and the speaker of the assembly; [or] 28 (4) who is the power authority of the state of New York and any statu- 29 tory subsidiary or affiliate thereof. When filing an application to form 30 a pure captive insurance company the power authority shall submit writ- 31 ten notice of such filing to the governor, the temporary president of 32 the senate and the speaker of the assembly; or 33 (5) who is a city with a population of one million or more. When 34 filing an application to form a pure captive insurance company, a city 35 with a population of one million or more shall submit written notice of 36 such filing to the governor, the temporary president of the senate and 37 the speaker of the assembly. 38 (g) "Industrial insured group" means any group of unaffiliated indus- 39 trial insureds that are engaged in similar or related businesses or 40 activities, however, the metropolitan transportation authority, the 41 power authority of the state of New York and any statutory subsidiary or 42 affiliate thereof and cities with a population of one million or more 43 shall not be a member of an industrial insured group, and that collec- 44 tively: 45 (1) own, control or hold with power to vote all of the outstanding 46 voting shares of stock of a group captive insurance company incorporated 47 as a stock insurer; or 48 (2) represent one hundred percent of the voting members of a group 49 captive insurance company organized as a mutual insurer. 50 § 2. Section 1005 of the public authorities law is amended by adding a 51 new subdivision 28 to read as follows: 52 28. The authority may establish a subsidiary corporation for the 53 purpose of forming a pure captive insurance company as provided in 54 section seven thousand two of the insurance law. The members of suchS. 2508 60 A. 3008 1 subsidiary corporation of the authority shall be the same persons hold- 2 ing the offices of members of the authority. Such subsidiary corporation 3 shall have all of the privileges, immunities, tax exemptions and other 4 exemptions of the authority and of the authority's property, functions 5 and activities. The subsidiary corporation of the authority shall be 6 subject to suit in accordance with section one thousand seventeen of 7 this title. The employees of any such subsidiary corporation, except 8 those who are also employees of the authority, shall not be deemed 9 employees of the authority. 10 § 3. Subdivision (a) of section 1500 of the tax law, as amended by 11 section 21 of part A of chapter 59 of the laws of 2014, is amended to 12 read as follows: 13 (a) The term "insurance corporation" includes a corporation, associ- 14 ation, joint stock company or association, person, society, aggregation 15 or partnership, by whatever name known, doing an insurance business, 16 and, notwithstanding the provisions of section fifteen hundred twelve of 17 this article, shall include (1) a risk retention group as defined in 18 subsection (n) of section five thousand nine hundred two of the insur- 19 ance law, (2) the state insurance fund and (3) a corporation, associ- 20 ation, joint stock company or association, person, society, aggregation 21 or partnership doing an insurance business as a member of the New York 22 insurance exchange described in section six thousand two hundred one of 23 the insurance law. The definition of the "state insurance fund" 24 contained in this subdivision shall be limited in its effect to the 25 provisions of this article and the related provisions of this chapter 26 and shall have no force and effect other than with respect to such 27 provisions. The term "insurance corporation" shall also include a 28 captive insurance company doing a captive insurance business, as defined 29 in subsections (c) and (b), respectively, of section seven thousand two 30 of the insurance law; provided, however, "insurance corporation" shall 31 not include the metropolitan transportation authority, the power author- 32 ity of New York or any statutory subsidiary or affiliate thereof, or a 33 public benefit corporation or not-for-profit corporation formed by a 34 city with a population of one million or more pursuant to subsection (a) 35 of section seven thousand five of the insurance law, each of which is 36 expressly exempt from the payment of fees, taxes or assessments, whether 37 state or local; and provided further "insurance corporation" does not 38 include any combinable captive insurance company. The term "insurance 39 corporation" shall also include an unauthorized insurer operating from 40 an office within the state, pursuant to paragraph five of subsection (b) 41 of section one thousand one hundred one and subsection (i) of section 42 two thousand one hundred seventeen of the insurance law. The term 43 "insurance corporation" also includes a health maintenance organization 44 required to obtain a certificate of authority under article forty-four 45 of the public health law. 46 § 4. Subdivision (a) of section 1502-b of the tax law, as amended by 47 section 22 of part A of chapter 59 of the laws of 2014, is amended to 48 read as follows: 49 (a) In lieu of the taxes and tax surcharge imposed by sections fifteen 50 hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen 51 hundred ten of this article, every captive insurance company licensed by 52 the superintendent of financial services pursuant to the provisions of 53 article seventy of the insurance law, other than the metropolitan trans- 54 portation authority, the power authority of New York or any statutory 55 subsidiary or affiliate thereof, and a public benefit corporation or 56 not-for-profit corporation formed by a city with a population of oneS. 2508 61 A. 3008 1 million or more pursuant to subsection (a) of section seven thousand 2 five of the insurance law, each of which is expressly exempt from the 3 payment of fees, taxes or assessments whether state or local, and other 4 than combinable captive insurance company, shall, for the privilege of 5 exercising its corporate franchise, pay a tax on (1) all gross direct 6 premiums, less return premiums thereon, written on risks located or 7 resident in this state and (2) all assumed reinsurance premiums, less 8 return premiums thereon, written on risks located or resident in this 9 state. The rate of the tax imposed on gross direct premiums shall be 10 four-tenths of one percent on all or any part of the first twenty 11 million dollars of premiums, three-tenths of one percent on all or any 12 part of the second twenty million dollars of premiums, two-tenths of one 13 percent on all or any part of the third twenty million dollars of premi- 14 ums, and seventy-five thousandths of one percent on each dollar of 15 premiums thereafter. The rate of the tax on assumed reinsurance premiums 16 shall be two hundred twenty-five thousandths of one percent on all or 17 any part of the first twenty million dollars of premiums, one hundred 18 and fifty thousandths of one percent on all or any part of the second 19 twenty million dollars of premiums, fifty thousandths of one percent on 20 all or any part of the third twenty million dollars of premiums and 21 twenty-five thousandths of one percent on each dollar of premiums there- 22 after. The tax imposed by this section shall be equal to the greater of 23 (i) the sum of the tax imposed on gross direct premiums and the tax 24 imposed on assumed reinsurance premiums or (ii) five thousand dollars. 25 § 5. This act shall take effect immediately. 26 PART W 27 Section 1. Expenditures of moneys by the New York state energy 28 research and development authority for services and expenses of the 29 energy research, development and demonstration program, including 30 grants, the energy policy and planning program, the zero emissions vehi- 31 cle and electric vehicle rebate program, and the Fuel NY program shall 32 be subject to the provisions of this section. Notwithstanding the 33 provisions of subdivision 4-a of section 18-a of the public service law, 34 all moneys committed or expended in an amount not to exceed $22,700,000 35 shall be reimbursed by assessment against gas corporations, as defined 36 in subdivision 11 of section 2 of the public service law and electric 37 corporations as defined in subdivision 13 of section 2 of the public 38 service law, where such gas corporations and electric corporations have 39 gross revenues from intrastate utility operations in excess of $500,000 40 in the preceding calendar year, and the total amount assessed shall be 41 allocated to each electric corporation and gas corporation in proportion 42 to its intrastate electricity and gas revenues in the calendar year 43 2019. Such amounts shall be excluded from the general assessment 44 provisions of subdivision 2 of section 18-a of the public service law. 45 The chair of the public service commission shall bill such gas and/or 46 electric corporations for such amounts on or before August 10, 2021 and 47 such amounts shall be paid to the New York state energy research and 48 development authority on or before September 10, 2021. Upon receipt, the 49 New York state energy research and development authority shall deposit 50 such funds in the energy research and development operating fund estab- 51 lished pursuant to section 1859 of the public authorities law. The New 52 York state energy research and development authority is authorized and 53 directed to: (1) transfer up to $4 million to the state general fund for 54 climate change related services and expenses of the department of envi-S. 2508 62 A. 3008 1 ronmental conservation, $150,000 to the state general fund for services 2 and expenses of the department of agriculture and markets, and $825,000 3 to the University of Rochester laboratory for laser energetics from the 4 funds received; and (2) commencing in 2016, provide to the chair of the 5 public service commission and the director of the budget and the chairs 6 and secretaries of the legislative fiscal committees, on or before 7 August first of each year, an itemized record, certified by the presi- 8 dent and chief executive officer of the authority, or his or her desig- 9 nee, detailing any and all expenditures and commitments ascribable to 10 moneys received as a result of this assessment by the chair of the 11 department of public service pursuant to section 18-a of the public 12 service law. This itemized record shall include an itemized breakdown 13 of the programs being funded by this section and the amount committed to 14 each program. The authority shall not commit for any expenditure, any 15 moneys derived from the assessment provided for in this section, until 16 the chair of such authority shall have submitted, and the director of 17 the budget shall have approved, a comprehensive financial plan encom- 18 passing all moneys available to and all anticipated commitments and 19 expenditures by such authority from any source for the operations of 20 such authority. Copies of the approved comprehensive financial plan 21 shall be immediately submitted by the chair to the chairs and secre- 22 taries of the legislative fiscal committees. Any such amount not commit- 23 ted by such authority to contracts or contracts to be awarded or other- 24 wise expended by the authority during the fiscal year shall be refunded 25 by such authority on a pro-rata basis to such gas and/or electric corpo- 26 rations, in a manner to be determined by the department of public 27 service, and any refund amounts must be explicitly lined out in the 28 itemized record described above. 29 § 2. This act shall take effect immediately and shall be deemed to 30 have been in full force and effect on and after April 1, 2021. 31 PART X 32 Section 1. Section 11-0701 of the environmental conservation law, as 33 amended by section 1-a of part R of chapter 58 of the laws of 2013, 34 paragraph a of subdivision 1 as amended by section 21 and subdivision 9 35 as amended by section 17 of part EE of chapter 55 of the laws of 2014, 36 is amended to read as follows: 37 § 11-0701. Definitions of licenses and privileges of licensees. 38 1. A hunting license[:39a.] entitles a holder who is twelve [or], thirteen, fourteen or 40 fifteen years of age to hunt wildlife[, except big game,] as provided in 41 title 9 of this article subject, specifically, to the provisions of 42 section 11-0929 of this article. It entitles such holder to possess 43 firearms as provided in section 265.05 of the penal law. [A holder who44is twelve or thirteen years of age shall not hunt with a crossbow.45b. entitles a holder who is fourteen or fifteen years of age to hunt46wildlife, including wild deer and bear, as provided in title 9 of this47article, subject, specifically, to the provisions of section 11-0929 of48this article. It entitles such holder to possess firearms as provided in49section 265.05 of the penal law.] 50 2. a. A hunting license entitles the holder to hunt wildlife subject 51 to the following: 52 (1) a holder who is eighteen years of age or older may hunt wildlife 53 as provided in title 9 of this article,S. 2508 63 A. 3008 1 (2) a holder who is sixteen years of age or older may hunt wildlife, 2 except big game, as provided in title 9 of this article, [and] 3 (3) a holder who is between the ages of sixteen and eighteen may hunt 4 big game pursuant to the provisions of title 9 of this article while the 5 holder is accompanied by a parent, guardian or person over the age of 6 eighteen as required by section 11-0929 of this article[.7A] , and 8 (4) a holder may take fish with a longbow as provided in titles 9 and 9 13 this article. 10 b. A special antlerless deer license is applicable to the hunting of 11 wild antlerless deer in a special open season fixed pursuant to subdivi- 12 sion 6 of section 11-0903 of this article in a tract within a Wilderness 13 Hunting Area and entitles the holder of a hunting license to hunt 14 antlerless deer in such special open season, as provided in title 9 of 15 this article if he or she has on his or her person while so hunting both 16 his or her hunting license and his or her special antlerless deer 17 license. 18 3. A bowhunting privilege when included on a hunting license entitles 19 a holder: 20 (1) who is between the ages of twelve and sixteen years to hunt wild 21 deer and bear with a longbow or crossbow during the special archery 22 season and during the regular season, as provided in title 9 of this 23 article, subject to the provisions of section 11-0929 and subdivision 3 24 of section 11-0713 of this article; 25 (2) who is eighteen years of age or older to hunt wild deer and bear 26 with a longbow, as provided in title 9 of this article, in a special 27 longbow season; and 28 (3) who is sixteen or seventeen years of age to exercise the same 29 privileges subject to the provisions of section 11-0929 and subdivision 30 3 of section 11-0713 of this article. 31 4. A fishing license entitles the holder to take fish by angling, 32 spearing, hooking, longbow and tipups, to take frogs by spearing, catch- 33 ing with the hands or by use of a club or hook, and to take bait fish 34 for personal use, as provided in titles 9 and 13 of this article, except 35 that such license shall not entitle the holder to take migratory fish of 36 the sea or to take fish from the waters of the marine district. 37 5. A non-resident bear tag entitles a person who has not been a resi- 38 dent of the state for more than thirty days who also possesses a hunting 39 license to hunt bear during the regular open season therefor or in an 40 open season fixed by regulation pursuant to subdivision eight of section 41 11-0903 of this article. It entitles a non-resident holder who also 42 possesses a hunting license with bowhunting privilege to hunt bear with 43 a longbow or crossbow during the open bear season. It entitles a non-re- 44 sident holder who also possesses a hunting license with muzzle-loading 45 privilege to hunt bear with a muzzleloader during the open bear season. 46 6. A seven-day fishing license entitles the holder to exercise the 47 privileges of a fishing license for the seven consecutive days specified 48 in the license. 49 7. A one-day fishing license entitles the holder to exercise the priv- 50 ileges of a fishing license on the day specified on the license. 51 8. A trapping license entitles the holder to trap beaver, otter, fish- 52 er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel, 53 pine marten and unprotected wildlife except birds, as provided in title 54 11, subject to the provisions of section 11-0713 of this article. 55 9. A muzzle-loading privilege when included on a hunting license enti- 56 tles a holder who is [fourteen] twelve years of age or older to huntS. 2508 64 A. 3008 1 wild deer and bear with a muzzle-loading firearm or crossbow, as 2 provided in title 9 of this article, in a special muzzle-loading firearm 3 season. 4 § 2. Paragraph b of subdivision 6 of section 11-0703 of the environ- 5 mental conservation law, as amended by section 2 of part R of chapter 58 6 of the laws of 2013, is amended to read as follows: 7 b. Except as provided in section 11-0707 and section 11-0709 of this 8 title, no person shall (1) hunt wild deer or bear unless such person 9 holds and is entitled to exercise the privileges of a hunting license, 10 and meets the requirements of this article; (2) hunt wild deer or bear 11 with a longbow or crossbow in a special [longbow] archery season unless 12 such person holds and is entitled to exercise the privileges of a hunt- 13 ing license with a bowhunting privilege and meets the requirements of 14 this article; or (3) hunt wild deer or bear with a muzzle-loading 15 firearm in a special muzzle-loading firearm season unless such person is 16 at least [fourteen] twelve years old and holds a hunting license with a 17 muzzle-loading privilege and meets the requirements of this article. 18 § 3. Subdivision 6 of section 11-0713 of the environmental conserva- 19 tion law is REPEALED. 20 § 4. Paragraph c of subdivision 3 of section 11-0901 of the environ- 21 mental conservation law, as amended by section 19 of part EE of chapter 22 55 of the laws of 2014, is amended to read as follows: 23 c. Wild small game and wild upland game birds shall be taken only by 24 longbow, crossbow or gun, or by the use of raptors as provided in title 25 10 of this article, except that: 26 (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken 27 in any manner not prohibited in this section or in title 11 of the Fish 28 and Wildlife Law; and 29 (2) frogs may also be taken by spearing, catching with the hands, or 30 by the use of a club or hook[; and31(3) crossbows may be used but only by licensees who are fourteen years32of age or older]. 33 § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901 34 of the environmental conservation law, as added by section 6 of part EE 35 of chapter 55 of the laws of 2014, is amended to read as follows: 36 (9) with a crossbow unless such crossbow shall consist of a bow and 37 string, either compound or recurve, that launches a minimum fourteen 38 inch [bolt] arrow, not including point, mounted upon a stock with a 39 trigger that holds the string and limbs under tension until released. 40 The trigger unit of such crossbow must have a working safety. [The mini-41mum limb width of such crossbow shall be seventeen inches,] The crossbow 42 shall have a minimum peak draw weight of one hundred pounds [and a maxi-43mum peak draw weight of two hundred pounds. The] and the minimum overall 44 length of such crossbow from buttstock to front of limbs shall be twen- 45 ty-four inches. 46 § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901 47 of the environmental conservation law, as added by section 7 of part EE 48 of chapter 55 of the laws of 2014, is amended to read as follows: 49 (9) with a crossbow unless such crossbow shall consist of a bow and 50 string, either compound or recurve, that launches a minimum fourteen 51 inch [bolt] arrow, not including point, mounted upon a stock with a 52 trigger that holds the string and limbs under tension until released. 53 The trigger unit of such crossbow must have a working safety. [The mini-54mum limb width of such crossbow shall be seventeen inches,] The crossbow 55 shall have a minimum peak draw weight of one hundred pounds [and a maxi-56mum peak draw weight of two hundred pounds. The] and the minimum overallS. 2508 65 A. 3008 1 length of such crossbow from buttstock to front of limbs shall be twen- 2 ty-four inches. 3 § 7. Subdivision 13 of section 11-0901 of the environmental conserva- 4 tion law, as amended by section 23 of part R of chapter 58 of the laws 5 of 2013, is amended to read as follows: 6 13. Persons engaged in hunting deer and/or bear with a longbow or 7 crossbow must possess a current bowhunting privilege or a valid certif- 8 icate of qualification in responsible bowhunting practices issued or 9 honored by the department. 10 § 8. Section 11-0903 of the environmental conservation law is amended 11 by adding a new subdivision 12 to read as follows: 12 12. Notwithstanding any inconsistent provision of this article, the 13 department is authorized to adopt regulations which authorize the taking 14 of wildlife by the use of crossbow. A summary of regulations adopted 15 pursuant to this subdivision shall be published each year in the hunting 16 syllabus issued pursuant to section 11-0323 of this article. 17 § 9. Subdivision 10 of section 11-0907 of the environmental conserva- 18 tion law, as added by section 14 of part EE of chapter 55 of the laws of 19 2014, is amended to read as follows: 20 10. Notwithstanding any provision of this chapter, or any prior 21 notwithstanding language in this article, the department may, by regu- 22 lation, authorize the taking of big game by the use of a crossbow by any 23 licensed person in any big game season [in any area designated in items24(a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi-25vision two of this section in which a shotgun or muzzle loader is26permitted provided however, that any crossbow use during an archery-only27season shall only take place during the last fourteen consecutive days28of such archery-only season in the southern zone provided that such29archery-only season shall consist of not less than forty-five days and30only during the last ten consecutive days of any archery-only season in31the northern zone provided that such archery-only season shall consist32of no less than twenty-three days. Any muzzle loading season which33occurs at the same time as a special archery season may only occur34during times when crossbows are authorized to be used]. 35 § 10. Subdivision 1 of section 11-0929 of the environmental conserva- 36 tion law, as amended by section 20 of part EE of chapter 55 of the laws 37 of 2014, is amended to read as follows: 38 1. A licensee who is twelve or thirteen years of age shall not hunt 39 wildlife with a gun, or a crossbow or a longbow unless he or she is 40 accompanied by his or her parent or legal guardian, or by a person twen- 41 ty-one years of age or older designated in writing by his or her parent 42 or legal guardian on a form prescribed by the department, who holds a 43 hunting license. [A licensee who is twelve or thirteen years of age44shall not hunt with a crossbow.] 45 § 11. Subparagraph 5 of paragraph b of subdivision 2 of section 46 11-0929 of the environmental conservation law is REPEALED and subpara- 47 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5. 48 § 12. Section 11-0933 of the environmental conservation law, as added 49 by section 22 of part EE of chapter 55 of the laws of 2014, is amended 50 to read as follows: 51 § 11-0933. Taking small game by crossbow. 52 Notwithstanding any provision of this chapter, or any prior notwith- 53 standing language in this article, the department may, by regulation, 54 authorize the taking of small game and wild upland game birds by the use 55 of a crossbow by any licensed person [fourteen years of age or older], 56 in any small game season[, in any area designated in items (a), (b),S. 2508 66 A. 3008 1(c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two2of section 11-0907 of this title in which a shotgun or muzzle loader is3permitted]. 4 § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83 5 of the state finance law, as amended by section 1 of part AA of chapter 6 58 of the laws of 2015, is amended to read as follows: 7 (i) There is hereby created a special account within the conservation 8 fund to be known as the state fish and game trust account to consist of 9 all moneys received by the state from the sale of lifetime hunting, 10 fishing, and trapping licenses, and lifetime archery and muzzle-loading 11 privileges pursuant to section 11-0702 of the environmental conservation 12 law except those moneys deposited in the habitat conservation and access 13 account pursuant to section eighty-three-a of this chapter. The state 14 comptroller shall invest the moneys in such account in securities as 15 defined by section ninety-eight-a of this article or, within the 16 discretion of the comptroller to maximize income for the account, in 17 investments authorized by section one hundred seventy-seven of the 18 retirement and social security law or consistent with the provisions of 19 subdivision b of section thirteen of the retirement and social security 20 law. Any income earned by the investment of such moneys, except income 21 transferred to the conservation fund pursuant to subparagraph (iii) of 22 this paragraph, shall be added to and become a part of, and shall be 23 used for the purposes of such account. 24 § 14. This act shall take effect immediately. 25 PART Y 26 Section 1. Section 27-2701 of the environmental conservation law, as 27 added by chapter 641 of the laws of 2008, subdivision 2 as amended and 28 subdivision 7 as added by chapter 481 of the laws of 2014, is amended to 29 read as follows: 30 § 27-2701. Definitions. 31 As used in this title: 32 1. "Compostable plastic bag" means a plastic bag that at a minimum 33 meets the American Society for Testing and Materials standard D6400 for 34 compostable plastic, as amended. 35 2. "Manufacturer" means the producer of a plastic carryout bag or 36 other film plastic sold to a store or the manufacturer's agent or broker 37 who sold the plastic carryout bag or other film plastic to the store. 38 3. "Operator" means a person in control of, or having daily responsi- 39 bility for, the daily operation of a store, which may include, but is 40 not limited to, the owner of the store. 41 4. "Plastic carryout bag" means a [plastic] carryout bag made of film 42 plastic provided by a store to a customer at the point of sale that is 43 not a reusable bag. 44 5. "Reusable bag" means a bag designed and manufactured for multiple 45 reuse that: 46 (a) [a bag] is either made of [cloth] (i) hand washable or [other] 47 machine washable cloth or fabric [that has handles], including woven or 48 nonwoven polypropylene (PP), polyethylene-terephthalate (PET), polyes- 49 ter, or nylon fabric, as well as fabric blends that include any such 50 materials; or 51 [(b) a durable plastic bag with handles that is specifically designed52and manufactured for multiple reuse] (ii) other non-film plastic washa- 53 ble material; andS. 2508 67 A. 3008 1 (b) has at least one strap or handle that does not stretch and allows 2 the bag to meet the strength and durability standards provided in para- 3 graphs (c) and (d) of this subdivision; 4 (c) has a minimum lifespan of one hundred twenty-five uses, with a use 5 equal to the ability to carry a minimum of twenty-two pounds over a 6 distance of at least one hundred seventy-five feet; and 7 (d) has a minimum fabric weight of eighty grams per square meter 8 ("GSM") or equivalent for bags made of any non-film plastic of natural, 9 synthetic, petroleum-based, or non-petroleum-based origin, including 10 woven or nonwoven polypropylene (PP), polyethylene-terephthalate (PET), 11 cotton, jute, or canvas. 12 6. "Store" means a retail establishment that [provides] provided plas- 13 tic carryout bags to its customers as a result of the sale of a product 14 any time prior to March first, two thousand twenty and (a) has over ten 15 thousand square feet of retail space, or (b) such retail establishment 16 is part of a chain engaged in the same general field of business which 17 operates five or more units of over five thousand square feet of retail 18 space in this state under common ownership and management. 19 7. "Film plastic" means [uncontaminated non-rigid film plastic packag-20ing products composed of plastic resins, which include,] a flexible 21 sheet or sheets of petroleum or non-petroleum-based plastic resin or 22 other material commonly used in and as packaging products, which 23 include, but are not limited to, newspaper bags, [dry cleaning bags and] 24 garment bags, shrink-wrap, bags used to carryout and deliver prepared 25 food and other plastic overwrap. 26 8. "Film plastic bag" means a bag that is made of film plastic. 27 § 2. Section 27-2703 of the environmental conservation law, as added 28 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap- 29 ter 481 of the laws of 2014, is amended to read as follows: 30 § 27-2703. Store operator responsibilities. 31 1. The operator of a store shall establish an at-store recycling 32 program pursuant to the provisions of this title that provides an oppor- 33 tunity for a customer of the store to return to the store clean plastic 34 carryout bags and other film plastic. 35 2. A retail establishment that does not meet the definition of a store 36 [and that provides plastic carryout bags to customers at the point of37sale] may also adopt an at-store recycling program. 38 § 3. Section 27-2705 of the environmental conservation law, as added 39 by chapter 641 of the laws of 2008 and subdivisions 2, 3 and 4 as 40 amended by chapter 481 of the laws of 2014, is amended to read as 41 follows: 42 § 27-2705. Recycling program requirements. 43 An at-store recycling program provided by the operator of a store 44 shall require: 45 1. [a plastic carryout bag provided by the store to have printed or46displayed on the bag, in a manner visible to a consumer, the words47"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-48er, such store shall be allowed for one year from the effective date of49this subdivision to use its existing stock of plastic carryout bags. A50store may also apply to the commissioner for approval of an alternative51plastic bag recycling message. The commissioner shall approve or reject52the proposed message within forty-five days;532.] a collection bin that is visible, easily accessible to the consum- 54 er, and clearly marked that the collection bin is available for the 55 purpose of collecting and recycling plastic carryout bags and other film 56 plastic. This subdivision shall apply to stores not within an enclosedS. 2508 68 A. 3008 1 shopping mall and stores of at least fifty thousand square feet within 2 an enclosed shopping mall. In the case of an enclosed shopping mall, the 3 owner of the enclosed mall shall place bins at reasonable intervals 4 throughout the enclosed mall area; 5 [3.] 2. all plastic carryout bags and other film plastic collected by 6 the store to be collected, transported and recycled along with any other 7 in-store plastic recycling, except for film plastic bags that are not 8 sufficiently free of foreign material to enter the recycling stream. 9 Plastic carryout bags and other film plastic collected by the store or 10 the manufacturer, which are free of foreign material, shall not be 11 disposed of in any solid waste disposal facility permitted or authorized 12 pursuant to title seven of this article; 13 [4.] 3. the store or its agent to maintain, for a minimum of three 14 years, records describing the collection, transport and recycling of 15 plastic carryout bags and other film plastic collected by weight, 16 provided however that stores or its agents may weigh such plastic bags, 17 film plastic and any other in-store plastic recycling at a regional 18 collection center. Such records shall be made available to the depart- 19 ment upon request, to demonstrate compliance with this title; and 20 [5.] 4. the operator of the store to (a) make reusable bags available 21 to customers within the store for purchase, and (b) permit a [reuseable] 22 reusable bag to be used in lieu of a [plastic carryout bag or] paper 23 carryout bag. 24 § 4. Section 27-2707 of the environmental conservation law, as added 25 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap- 26 ter 481 of the laws of 2014, is amended to read as follows: 27 § 27-2707. Manufacturer responsibilities. 28 1. When the manufacturer accepts plastic carryout bags and other film 29 plastic for return, it or its agent shall maintain, for a minimum of 30 three years, records describing the collection, transport and recycling 31 of plastic carryout bags and other film plastic collected by weight, 32 provided that the manufacturer or its agents may weigh such bags, film 33 plastic and any other plastic resins at a regional collection center. 34 Such records shall be made available to the department upon request, to 35 demonstrate compliance with this title. 36 2. Manufacturers of compostable plastic bags sold to stores in the 37 state that are subject to the provisions of this title shall have print- 38 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA- 39 BLE BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags40may be sold or distributed for one year from the effective date of this41section to use the store's existing stock of compostable bags.] 42 § 5. Section 27-2709 of the environmental conservation law, as amended 43 by chapter 481 of the laws of 2014, is amended to read as follows: 44 § 27-2709. Department responsibility. 45 1. The department shall develop educational materials to encourage the 46 reduction, reuse and recycling of plastic carryout bags and other film 47 plastic and shall make those materials available to stores required to 48 comply with this article. 49 2. The department shall provide information regarding the availability 50 of recycling facilities and companies that recycle film plastic bags and 51 other film plastic, including the addresses and phone numbers of such 52 facilities and companies to stores required to comply with this article. 53 § 6. Section 27-2713 of the environmental conservation law, as amended 54 by chapter 481 of the laws of 2014, is amended to read as follows: 55 § 27-2713. Preemption.S. 2508 69 A. 3008 1 Jurisdiction in all matters pertaining to plastic carryout bag and 2 other film plastic recycling is by this article vested exclusively in 3 the state. Any provision of any local law or ordinance, or any rule or 4 regulation promulgated thereto, governing the recycling of plastic 5 carryout bags and other film plastic shall, upon the effective date of 6 this title, be preempted. Provided however, nothing in this section 7 shall preclude a person from coordinating for recycling or reuse the 8 collection of plastic carryout bags or other film plastic. 9 § 7. Section 27-2801 of the environmental conservation law, as added 10 by section 2 of part H of chapter 58 of the laws of 2019, is amended to 11 read as follows: 12 § 27-2801. Definitions. 13 As used in this title: 14 1. "Exempt bag" means a bag that is: (a) used solely to contain or 15 wrap uncooked meat, fish, or poultry; (b) [bags] used by a customer 16 solely to package bulk items such as fruits, vegetables, grains, or 17 candy; (c) [bags] used solely to contain food sliced or prepared to 18 order; (d) [bags] used solely to contain a newspaper for delivery to a 19 subscriber; (e) [bags sold] prepackaged by the manufacturer or distribu- 20 tor in bulk quantities and sold to a consumer [at the point of sale]; 21 (f) sold as a trash [bags] or yard waste bag; (g) sold as a food storage 22 [bags] bag; (h) used as a garment [bags] bag; (i) [bags] prepackaged, 23 prelabeled, or tagged as merchandise for sale to a customer; (j) a plas- 24 tic carryout [bags] bag provided by a restaurant, tavern or similar food 25 service establishment, as defined in the state sanitary code, to carry- 26 out or deliver prepared food; [or] (k) [bags] provided by a pharmacy to 27 carry prescription drugs; or (l) a reusable bag. 28 2. "Plastic carryout bag" means any film plastic bag, other than an 29 exempt bag, that is provided to a customer by a person required to 30 collect tax to be used by the customer to [carry] transport tangible 31 personal property, regardless of whether such person required to collect 32 tax sells any tangible personal property or service to the customer, and 33 regardless of whether any tangible personal property or service sold is 34 exempt from tax under article twenty-eight of the tax law. A bag that 35 meets the requirements of a reusable bag, as defined in subdivision four 36 of this section, is not a plastic carryout bag. 37 3. "Paper carryout bag" means a paper bag, other than an exempt bag, 38 that is provided to a customer by a person required to collect tax to be 39 used by the customer to carry tangible personal property, regardless of 40 whether such person required to collect tax sells any tangible personal 41 property or service to the customer, and regardless of whether any 42 tangible personal property or service sold is exempt from tax under 43 article twenty-eight of the tax law. 44 4. "Reusable bag" means a bag designed and manufactured for multiple 45 reuse that: (a) is either made of [cloth] (i) hand washable or [other] 46 machine washable cloth or fabric [that has handles]; or [(b) a durable47bag with handles that is specifically designed and manufactured for48multiple reuse.] (ii) other non-film plastic washable material; and 49 (b) has at least one strap or handle that does not stretch and allows 50 the bag to meet the strength and durability standards in paragraphs (c) 51 and (d) of this subdivision; 52 (c) has a minimum lifespan of one hundred twenty-five uses, with a use 53 equal to the ability to carry a minimum of twenty-two pounds over a 54 distance of at least one hundred seventy-five feet; and 55 (d) has a minimum fabric weight of eighty grams per square meter 56 ("GSM") or equivalent for bags made of any non-film plastic of natural,S. 2508 70 A. 3008 1 synthetic, petroleum based, or non-petroleum-based origin, including 2 woven or nonwoven polypropylene (PP), polyethylene-terephthalate (PET), 3 cotton, jute, or canvas. 4 5. "Film plastic" means a flexible sheet or sheets of petroleum or 5 non-petroleum based plastic resin or other material (not including a 6 paper carryout bag) commonly used in and as packaging products, which 7 include, but are not limited to, newspaper bags, garment bags, shrink- 8 wrap, bags used to carryout and deliver prepared food, and other plastic 9 overwrap. 10 [5.] 6. "Person required to collect tax" means any vendor of tangible 11 personal property subject to the tax imposed by subdivision (a) of 12 section eleven hundred five of the tax law. 13 § 8. Section 27-2803 of the environmental conservation law, as added 14 by section 2 of part H of chapter 58 of the laws of 2019, is amended to 15 read as follows: 16 § 27-2803. Plastic carryout bag ban. 17 1. No person required to collect tax shall distribute, for free or for 18 sale, any plastic carryout bags to its customers unless such bags are 19 exempt bags as defined in subdivision one of section 27-2801 of this 20 title. 21 2. No person required to collect tax shall prevent a person from using 22 a bag of any kind that they have brought for purposes of carrying goods. 23 3. [Nothing in this section shall be deemed to exempt the provisions24set forth in title 27 of this article relating to at store recycling] 25 Any person who was required to comply with the collection and recycling 26 requirements in title 27 of this article prior to March first, two thou- 27 sand twenty, including the requirement to maintain a collection bin for 28 collection and recycling plastic carryout bags and other film plastic, 29 shall continue to comply. 30 § 9. This act shall take effect immediately. 31 PART Z 32 Section 1. This act enacts into law components of legislation which 33 are necessary to implement legislation relating to the Bay Park Convey- 34 ance Project. Each component is wholly contained within a Subpart iden- 35 tified as Subparts A through C. The effective date for each particular 36 provision contained within such Subpart is set forth in the last section 37 of such Subpart. Any provision in any section contained within a 38 Subpart, including the effective date of the Subpart, which makes a 39 reference to a section "of this act", when used in connection with that 40 particular component, shall be deemed to mean and refer to the corre- 41 sponding section of the Subpart in which it is found. Section three of 42 this act sets forth the general effective date of this act. 43 SUBPART A 44 Section 1. Subject to the provisions of this act, the county of 45 Nassau, acting by and through the county legislature of such county, is 46 hereby authorized to (a) discontinue permanently the use as parkland the 47 subsurface lands described in sections five, seven, eight and eleven of 48 this act and establish permanent easements on such lands for the purpose 49 of constructing, operating, maintaining and repairing a subsurface sewer 50 main, and (b) discontinue temporarily the use as parkland the lands 51 described in sections three, six and nine of this act and establish 52 temporary easements on such lands for the purpose of constructing aS. 2508 71 A. 3008 1 subsurface sewer main. Authorization for the temporary easements 2 described in sections three, four, six, nine and ten of this act shall 3 cease upon the completion of the construction of such sewer main, at 4 which time the department of environmental conservation shall restore 5 the surface of the parklands disturbed and the parklands shall continue 6 to be used for park purposes as they were prior to the establishment of 7 such temporary easements. Authorization for the permanent easements 8 described in sections five, seven, eight and eleven of this act shall 9 require that the department of environmental conservation restore the 10 surface of the parklands disturbed and the parklands shall continue to 11 be used for park purposes as they were prior to the establishment of the 12 permanent easements. 13 § 2. The authorization provided in section one of this act shall be 14 effective only upon the condition that the county of Nassau dedicate an 15 amount equal to or greater than the fair market value of the parklands 16 being discontinued to the acquisition of new parklands and/or capital 17 improvements to existing park and recreational facilities. 18 § 3. TEMPORARY EASEMENT - Force main shaft construction area. Park- 19 land upon and under which a temporary easement may be established pursu- 20 ant to subdivision (b) of section one of this act is described as all 21 that certain plot, piece or parcel of land with buildings and improve- 22 ments thereon erected, situate, lying and being located at Bay Park, 23 Town of Hempstead, County of Nassau and State of New York being more 24 particularly bounded and described as follows: beginning at a point on 25 the northerly line of the Nassau County Sewage Treatment Plant property, 26 said Point of Beginning being South 68°06'12" East, as measured along 27 northerly line of said sewage treatment plant, 535.50 feet plus or 28 minus, from the intersection of the northerly line Nassau County Sewage 29 Treatment Plant with the westerly side of Compton Street; running thence 30 South 68°06'12" East, along the northerly line of said sewage treatment 31 plant, 249.60 feet plus or minus; thence South 07°20'58" West 198.58 32 feet plus or minus; thence North 78°30'32" West 35.88 feet plus or 33 minus; thence North 06°10'23" East 89.20 feet plus or minus; thence 34 North 33°17'21" West 78.28 feet plus or minus; thence North 66°13'52" 35 West 173.72 feet plus or minus; thence North 19°56'50" East 62.50 feet 36 plus or minus, to the northerly line of the Nassau County Sewage Treat- 37 ment Plant, at the Point of Beginning. Containing within said bounds 38 23,089 square feet plus or minus. The above described temporary easement 39 is for the construction of a fifty-foot diameter access shaft. The 40 location of said temporary access shaft is more particularly described 41 in section four of this act. Said parcel being part of property desig- 42 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and 43 Tax Map. 44 § 4. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and 45 under which a temporary easement may be established pursuant to subdivi- 46 sion (a) of section one of this act is described as all that certain 47 plot, piece or parcel of land with buildings and improvements thereon 48 erected, situate, lying and being located at Bay Park, Town of Hemp- 49 stead, County of Nassau and State of New York being more particularly 50 bounded and described as follows: a circular easement with a radius of 51 25 feet, the center of said circle being the following three (3) courses 52 from the intersection of the northerly line of the Nassau County Sewage 53 Treatment Plant with the westerly side of Compton Street: South 54 68°06'12" East, along the northerly line of said sewage treatment plant, 55 573.10 feet plus or minus to the centerline of the permanent easement 56 for a force main described in section five of this act; thence SouthS. 2508 72 A. 3008 1 22°24'56" West, along said centerline, 19.74 feet plus or minus; thence 2 South 22°24'56" West, along the production of said centerline, 5.25 3 feet, to the center of the herein described circular easement. Contain- 4 ing within said bound 1,963 square feet plus or minus. Said temporary 5 easement is for an access shaft that extends from the surface of the 6 ground to an approximate depth of 70 feet. Any permanent surface 7 improvements for cathodic protection, if necessary, would be flush with 8 the ground surface or integrated into site landscaping. Said parcel 9 being part of property designated as Section: 42 Block: A Lots: 50, 57 10 on the Nassau County Land and Tax Map. 11 § 5. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and 12 under which a permanent easement may be established pursuant to subdivi- 13 sion (a) of section one of this act is described as all that certain 14 plot, piece or parcel of land with buildings and improvements thereon 15 erected, situate, lying and being located at Bay Park, Town of Hemp- 16 stead, County of Nassau and State of New York being a 20-foot wide strip 17 of land more particularly bounded and described as follows: Beginning at 18 a point on the northerly line of the Nassau County Sewage Treatment 19 Plant property, said Point of Beginning being South 68°06'12" East, as 20 measured along northerly line of said sewage treatment plant, 563.10 21 feet plus or minus, from the intersection of the northerly line Nassau 22 County Sewage Treatment Plant with the westerly side of Compton Street; 23 running thence South 68°06'12" East, along the northerly line of said 24 sewage treatment plant, 20.00 feet plus or minus; thence South 22°24'56" 25 West 19.15 feet plus or minus; thence South 14°35'11" West 1,446.44 feet 26 plus or minus; thence North 75°24'49 West 20.00 feet plus or minus; 27 thence North 14°35'11" East 1,447.81 feet plus or minus; thence North 28 22°24'56" East 20.34 feet plus or minus, to the northerly line of the 29 Nassau County Sewage Treatment Plant, at the Point of Beginning. 30 Containing within said bounds 29,337 square feet. The above described 31 permanent easement is for the construction and operation of a six-foot 32 diameter force main at a minimum depth of fifteen feet below the ground 33 surface. Said parcel being part of property designated as Section: 42 34 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. 35 § 6. TEMPORARY EASEMENT - Force main shaft construction area. Park- 36 land upon and under which a temporary easement may be established pursu- 37 ant to subdivision (b) of section one of this act is described as all 38 that certain plot, piece or parcel of land with buildings and improve- 39 ments thereon erected, situate, lying and being located at the hamlet of 40 Wantagh, Town of Hempstead, County of Nassau and State of New York being 41 more particularly bounded and described as follows: beginning at a point 42 on the northwesterly line of the herein described temporary easement for 43 the force main shaft construction area, said Point of Beginning being 44 North 44°03'41" East 50.26 feet plus or minus, from the intersection of 45 the northerly line of lands licensed to the County of Nassau, as 46 described in deed dated December 5, 1977, recorded on January 13, 1978, 47 at the Nassau County Clerk's Office in Liber 9088 of Deeds at page 567, 48 and as shown on map entitled Department of Public Works Nassau County, 49 N.Y., Map Showing Lands under the Jurisdiction of the Long Island State 50 Park Commission in Wantagh State Park to be Licensed to the County of 51 Nassau for Park and Recreational Purposes in the Vicinity of Wantagh, 52 Town of Hempstead, dated September 1976, and on file at the New York 53 State Office of Parks, Recreation and Historic Preservation as Map No. 54 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known 55 as Old Mill Road; running thence along the southeasterly side of Lake- 56 view Road, North 44°03'41" East 237.63 feet plus or minus; thence SouthS. 2508 73 A. 3008 1 50°48'50" East 70.10 feet plus or minus; thence partly through the 2 aforementioned lands licensed to the County of Nassau by the State of 3 New York (Long Island State Park Commission), South 43°39'59" West 4 239.51 feet; thence partially through a permanent drainage easement 5 granted from the City of New York to the County of Nassau, as shown on 6 Map of Real Property to be Acquired for the Improvement of Bellmore 7 Creek from Wilson Avenue to Lakeview Road, Filed February 8, 1979, at 8 the Nassau County Clerk's Office as Map No. H-1841, and also through the 9 aforementioned licensed lands, North 49°12'28" West 71.62 feet plus or 10 minus; to the southeasterly side of Lakeview Road, at the Point of 11 Beginning. Containing within said bounds 16,864 square feet plus or 12 minus. The above described temporary easement is for the construction of 13 a forty-four-foot diameter permanent access shaft. The location of said 14 permanent access shaft is more particularly described in section seven 15 of this act. Said parcel being part of property designated as Section: 16 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. 17 § 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and 18 under which a permanent easement may be established pursuant to subdivi- 19 sion (a) of section one of this act is described as all that certain 20 plot, piece or parcel of land with buildings and improvements thereon 21 erected, situate, lying and being located at Hamlet of Wantagh, Town of 22 Hempstead, County of Nassau and State of New York being more particular- 23 ly bounded and described as follows: Beginning at a point on the south- 24 easterly side of Lakeview Road, said Point of Beginning being North 25 44°03'41" East 170.39 feet plus or minus, from the intersection of the 26 northerly line of lands licensed to the County of Nassau, as described 27 in deed dated December 5, 1977, recorded on January 13, 1978, at the 28 Nassau County Clerk's Office in Liber 9088 of Deeds at page 567, and as 29 shown on map entitled Department of Public Works Nassau County, N.Y., 30 Map Showing Lands under the Jurisdiction of the Long Island State Park 31 Commission in Wantagh State Park to be Licensed to the County of Nassau 32 for Park and Recreational Purposes in the Vicinity of Wantagh, Town of 33 Hempstead, dated September 1976, and on file at the New York State 34 Office of Parks, Recreation and Historic Preservation as Map No. 35 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known 36 as Old Mill Road; running thence, along the southeasterly side of Lake- 37 view Road, North 44°03'41" East 25.04 feet plus or minus, to the begin- 38 ning of a non-tangent curve; thence 111.59 feet plus or minus along said 39 non-tangent circular curve to the right that has a radius of 22.00 feet, 40 subtends an angle of 290°37'31", and has a chord that bears South 41 44°03'41" West 25.04 feet, to the Point of Beginning. 42 Containing within said bounds a surface area of 1,454 square feet plus 43 or minus. Said permanent easement is for an access shaft that extends 44 from the surface of the ground to an approximate depth of 70 feet. The 45 permanent easement allows vehicular and personnel access to the shaft 46 and within the shaft for inspection, maintenance, repair and recon- 47 struction. Any permanent surface improvements for a manhole or for 48 cathodic protection, if necessary, would be flush with the ground 49 surface or integrated into site landscaping. Said parcel being part of 50 property designated as Section: 56 Block: Y Lot: 259 on the Nassau Coun- 51 ty Land and Tax Map. 52 § 8. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and 53 under which a permanent easement may be established pursuant to subdivi- 54 sion (a) of section one of this act is described as all that certain 55 plot, piece or parcel of land with buildings and improvements thereon 56 erected, situate, lying and being located at the Hamlet of Wantagh, TownS. 2508 74 A. 3008 1 of Hempstead, County of Nassau and State of New York being a 20-foot 2 wide strip of land more particularly bounded and described as follows: 3 Beginning at the intersection of the southerly side of the Wantagh State 4 Parkway, also being the same as the southerly line of a permanent ease- 5 ment granted by the State of New York (Long Island State Park Commis- 6 sion) to the Town of Hempstead for Highway purposes shown as Parcel E on 7 Map No. 21R-1651, dated September 30, 1935 and on file at the New York 8 State Office of Parks, Recreation and Historic Preservation, with the 9 easterly side of Linden Street, also being the westerly side of Wantagh 10 State Parkway; running thence South 87°54'31" West 16.42 feet plus or 11 minus, along the southerly side of the Wantagh State Parkway; thence 12 through the aforementioned easement, North 49°40'30" West 172.07 feet 13 plus or minus; thence partially through lands licensed to the County of 14 Nassau by the State of New York (Long Island State Park Commission), as 15 described in deed dated December 5, 1977, recorded on January 13, 1978, 16 at the Nassau County Clerk's Office in Liber 9088 of Deeds at page 567, 17 also as shown on map entitled Department of Public Works Nassau County, 18 N.Y., Map Showing Lands under the Jurisdiction of the Long Island State 19 Park Commission in Wantagh State Park to be Licensed to the County of 20 Nassau for Park and Recreational Purposes in the Vicinity of Wantagh, 21 Town of Hempstead, dated September 1976, and on file at the New York 22 State Office of Parks, Recreation and Historic Preservation as Map No. 23 21R-1860-1, North 32°14'44" West 1,935.06 feet; thence North 60°00'15" 24 West 18.68 feet plus or minus, to the southeasterly side of Lakeview 25 Road; thence along the southeasterly side of Lakeview Road, North 26 44°03'41" East 20.62 feet plus or minus; thence South 60°00'15" East 27 18.61 feet plus or minus; thence through the aforementioned licensed 28 lands, South 32°14'44" East 1,936.94 feet; thence South 49°40'30" East 29 294.48 feet plus or minus, to the westerly side of the Wantagh State 30 Parkway, also being the same as the easterly side of Linden Street; 31 thence northwesterly along the westerly side of the Wantagh State Park- 32 way, being also the easterly side of Linden Street, 113.74 feet plus or 33 minus along the arc of a non-tangent curve, bearing to the left, having 34 a radius of 1,233.00', a chord that bears North 54°10'34" West 113.70 35 feet plus or minus, to the southerly side of the Wantagh State Parkway, 36 at the Point of Beginning. Containing within said bounds 43,088 square 37 feet plus or minus. The above described permanent easement is for the 38 construction and operation of a six-foot diameter force main at a mini- 39 mum depth of fifteen feet below the ground surface. Said parcel being 40 part of property designated as Section: 56 Block: Y Lots: 259 on the 41 Nassau County Land and Tax Map. 42 § 9. TEMPORARY EASEMENT - Force main shaft construction area. Park- 43 land upon and under which a temporary easement may be established pursu- 44 ant to subdivision (b) of section one of this act is described as all 45 that certain plot, piece or parcel of land with buildings and improve- 46 ments thereon erected, situate, lying and being located at the hamlet of 47 Wantagh, Town of Hempstead, County of Nassau and State of New York being 48 more particularly bounded and described as follows: Beginning at a point 49 on the northerly line of the herein described temporary easement for 50 construction staging, said Point of Beginning being more particularly 51 described as commencing at the intersection of the southerly side of 52 Byron Street with the easterly side of Wantagh Parkway; running thence 53 South 02°05'40" East, along the easterly side of Wantagh Parkway, 392.77 54 feet plus or minus, to the centerline of the permanent subsurface ease- 55 ment for force main, described in section 11 of this act; thence South 56 19°14'42" East, along said centerline, 166.40 feet plus or minus, to theS. 2508 75 A. 3008 1 northerly line of the temporary easement for construction staging, at 2 the Point of Beginning. Running thence North 87°24'47" East 122.41 feet 3 plus or minus; thence South 33°56'04" East 67.89 feet plus or minus; 4 thence South 04°43'16" East 53.69 feet plus or minus; thence South 5 86°37'33" West 78.30 feet plus or minus; thence South 02°20'25" East 6 83.22 feet plus or minus; thence South 47°03'34" West 102.51 feet plus 7 or minus; thence South 86°22'25" West 27.76 feet plus or minus; thence 8 North 07°01'12" West 263.59 feet plus or minus; thence North 87°24'47" 9 East 45.17 feet plus or minus, to the Point of Beginning. Containing 10 within said bounds 35,505 square feet plus or minus. The above described 11 temporary easement is for the construction of a forty-four-foot diameter 12 access shaft. The location of said temporary access shaft is more 13 particularly described in section ten of this act. Said parcel being 14 part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 15 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. 16 § 10. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and 17 under which a permanent easement may be established pursuant to subdivi- 18 sion (a) of section one of this act is described as all that certain 19 plot, piece or parcel of land with buildings and improvements thereon 20 erected, situate, lying and being located at Hamlet of Wantagh, Town of 21 Hempstead, County of Nassau and State of New York being more particular- 22 ly bounded and described as follows: a circular easement with a radius 23 of 22 feet, the center of said circle being the following two (2) cours- 24 es from the intersection of the southerly side of Byron Street with the 25 easterly side of Wantagh Parkway: South 02°05'40" East along the easter- 26 ly side of Wantagh Parkway, 392.77 feet plus or minus, to the centerline 27 of the permanent subsurface easement for force main, described in 28 section 11 of this act; thence South 19°14'42" East, along said center- 29 line, 224.60 feet plus or minus, to the center of the herein described 30 circular easement. Containing within said bounds a surface area of 1,521 31 square feet plus or minus. Said temporary easement is for an access 32 shaft that extends from the surface of the ground to an approximate 33 depth of 70 feet. Any permanent surface improvements for cathodic 34 protection, if necessary, would be flush with the ground surface or 35 integrated into site landscaping. Said parcel being part of property 36 designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of 37 Cedar Creek Park) on the Nassau County Land and Tax Map. 38 § 11. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and 39 under which a permanent easement may be established pursuant to subdivi- 40 sion (a) of section one of this act is described as all that certain 41 plot, piece or parcel of land with buildings and improvements thereon 42 erected, situate, lying and being located at the Hamlet of Wantagh, Town 43 of Hempstead, County of Nassau and State of New York being a 20-foot 44 wide strip of land more particularly bounded and described as follows: 45 beginning at a point on the easterly side of the Wantagh State Parkway, 46 said Point of Beginning being South 02°05'40" East 358.86 feet plus or 47 minus from the intersection of the southerly side of Byron Street with 48 the easterly side of Wantagh Parkway; running thence South 19°14'42" 49 East 258.49 feet plus or minus; thence South 02°16'58" East 1,725.93 50 feet plus or minus; thence southwesterly 43.40 feet plus or minus along 51 the arc of a curve to the left having a radius of 1,075.00 feet and a 52 chord that bears South 25°09'48" West 43.39 feet plus or minus; thence 53 North 02°16'58" West 1,761.45 feet plus or minus; thence North 19°14'42" 54 West 190.70 feet plus or minus, to the easterly side of Wantagh Parkway; 55 thence North 02°05'40" West, along the easterly side of Wantagh Parkway, 56 67.82 feet plus or minus, to the Point of Beginning. Containing withinS. 2508 76 A. 3008 1 said bounds 39,359 square feet plus or minus. The above described perma- 2 nent easement is for the construction and operation of a six-foot diam- 3 eter force main at a minimum depth of fifteen feet below the ground 4 surface. Said parcel being part of property designated as Section: 63 5 Block: 261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau 6 County Land and Tax Map. 7 § 12. Should the lands described in sections five, seven, eight and 8 eleven of this act cease to be used for the purposes described in 9 section one of this act, the permanent easements established pursuant to 10 section one of this act shall cease and such lands shall be restored and 11 dedicated as parklands. 12 § 13. In the event that the county of Nassau received any funding 13 support or assistance from the federal government for the purchase, 14 maintenance, or improvement of the parklands set forth in sections three 15 through eleven of this act, the discontinuance and alienation of such 16 parklands authorized by the provisions of this act shall not occur until 17 the county of Nassau has complied with any applicable federal require- 18 ments pertaining to the alienation or conversion of parklands, including 19 satisfying the secretary of the interior that the alienation or conver- 20 sion complies with all conditions which the secretary of the interior 21 deems necessary to assure the substitution of other lands shall be 22 equivalent in fair market value and usefulness to the lands being alien- 23 ated or converted. 24 § 14. This act shall take effect immediately. 25 SUBPART B 26 Section 1. Subject to the provisions of this act, the village of East 27 Rockaway, in the county of Nassau, acting by and through the village 28 board of such village, is hereby authorized to (a) discontinue perma- 29 nently the use as parkland the subsurface lands described in sections 30 four and five of this act and to grant permanent easements on such lands 31 to the State of New York or county of Nassau for the purpose of 32 constructing, operating, maintaining and repairing a subsurface sewer 33 main, and (b) discontinue temporarily the use as parkland the lands 34 described in section three of this act and grant temporary easements on 35 such lands to the county of Nassau for the purpose of constructing a 36 subsurface sewer main. Authorization for the temporary easement 37 described in section three of this act shall cease upon the completion 38 of the construction of the sewer main, at which time the department of 39 environmental conservation shall restore the surface of the parklands 40 disturbed and the parklands shall continue to be used for park purposes 41 as they were prior to the grant of the temporary easement. Authorization 42 for the permanent easements described in sections four and five of this 43 act shall require that the department of environmental conservation 44 restore the surface of the parklands disturbed and the parklands shall 45 continue to be used for park purposes as they were prior to the estab- 46 lishment of the permanent easements. 47 § 2. The authorization provided in section one of this act shall be 48 effective only upon the condition that the village of East Rockaway 49 dedicate an amount equal to or greater than the fair market value of the 50 parklands being discontinued to the acquisition of new parklands and/or 51 capital improvements to existing park and recreational facilities. 52 § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- 53 land upon and under which a temporary easement may be granted pursuant 54 to subdivision (b) of section one of this act is described as follows:S. 2508 77 A. 3008 1 all that certain plot, piece or parcel of land with buildings and 2 improvements thereon erected, situate, lying and being located at Incor- 3 porated Village of East Rockaway, and the Hamlet of Oceanside, Town of 4 Hempstead, County of Nassau and State of New York being more particular- 5 ly bounded and described as follows: Beginning at a point on the 6 westerly line of the herein described temporary easement for the force 7 main shaft construction area, said Point of Beginning being more partic- 8 ularly described as commencing at the northeast corner of property 9 described in deed dated September 16, 1964 from Mary T. Caretto to The 10 Incorporated Village of East Rockaway, recorded September 18, 1964 at 11 the Nassau County Clerk's Office in Liber 7317 Deeds at page 494, 12 running thence South 76°23'40" East, on the northerly property line 13 produced, of property described in the aforesaid Liber 7317 page 494, a 14 distance of 53.41 feet plus or minus, to the westerly line of the herein 15 described temporary easement at the Point of Beginning. Running thence 16 North 14°03'08" East 42.21 feet plus or minus; thence South 67°25'43" 17 East 237.47 feet plus or minus; thence South 04°13'09" West 35.58 feet 18 plus or minus; thence South 86°58'21" West 165.83 feet plus or minus; 19 thence South 64°59'21" West 106.15 feet; thence North 14°03'08" East 20 143.63 feet plus or minus, to the Point of Beginning. Containing within 21 said bounds 23,103 square feet plus or minus. The above described tempo- 22 rary easement is for the construction of a forty-four-foot diameter 23 access shaft. The location of said permanent access shaft is more 24 particularly described in section four of this act. Said parcel being 25 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 26 21B on the Nassau County Land and Tax Map. 27 § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and 28 under which a permanent easement may be granted pursuant to subdivision 29 (a) of section one of this act is described as all that certain plot, 30 piece or parcel of land with buildings and improvements thereon erected, 31 situate, lying and being located at Incorporated Village of East Rocka- 32 way, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau 33 and State of New York being more particularly bounded and described as 34 follows: a circular easement with a radius of 22 feet, the center of 35 said circle being the following two(2) courses from the northeast corner 36 of property described in deed dated September 16, 1964 from Mary T. 37 Caretto to The Incorporated Village of East Rockaway, recorded September 38 18, 1964 at the Nassau County Clerk's Office in Liber 7317 of Deeds at 39 page 494; South 76°23'40" East, on the northerly property line produced, 40 of property described in the aforesaid Liber 7317 page 494, a distance 41 of 185.51 feet plus or minus; to the centerline of the permanent subsur- 42 face easement for force main, described in section 5 of this act; thence 43 along said easement centerline South 19°04'18" West 22.47 feet plus or 44 minus, to the center of the herein described circular easement. Contain- 45 ing within said bounds a surface area of 1,521 square feet plus or 46 minus. Said permanent easement is for an access shaft that extends from 47 the surface of the ground to an approximate depth of 70 feet. The 48 permanent easement allows vehicular and personnel access to the shaft 49 and within the shaft for inspection, maintenance, repair and recon- 50 struction. Any permanent surface improvements for a manhole or for 51 cathodic protection, if necessary, would be flush with the ground 52 surface or integrated into site landscaping. Said parcel being part of 53 property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on 54 the Nassau County Land and Tax Map. 55 § 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and 56 under which a permanent easement may be granted pursuant to subdivisionS. 2508 78 A. 3008 1 (a) of section one of this act is described as all that certain plot, 2 piece or parcel of land with buildings and improvements thereon erected, 3 situate, lying and being located at Incorporated Village of East Rocka- 4 way, and the Hamlet of Oceanside, County of Nassau and State of New York 5 being a 20-foot wide strip of land more particularly bounded and 6 described as follows: Beginning at a point on the westerly line of the 7 herein described permanent subsurface easement, said Point of Beginning 8 being more particularly described as commencing at the northeast corner 9 of property described in deed dated September 16, 1964 from Mary T. 10 Caretto to The Incorporated Village of East Rockaway, recorded September 11 18, 1964 at the Nassau County Clerk's Office in Liber 7317 of Deeds at 12 page 494; running thence South 76°23'40" East, on the northerly property 13 line produced, of property described in the aforesaid Liber 7317 page 14 494, a distance of 175.47 feet plus or minus, to the westerly line of 15 the herein described permanent easement, at the Point of Beginning. 16 Running thence North 19°04'18" East 31.11 feet plus or minus, to the 17 southerly side of Mill River; thence South 67°42'35" East, along the 18 southerly side of Mill River, 20.03 feet plus or minus; thence South 19 19°04'18" West 48.37 feet plus or minus; thence South 15°40'03" East 20 55.00 feet plus or minus, to the northerly side of Mill River; thence 21 North 84°40'35" West, along the northerly side of Mill River, 20.33 feet 22 plus or minus; thence North 15°40'03" West 57.60 feet plus or minus; 23 thence North 19°04'18" East 24.64 feet plus or minus, to the Point of 24 Beginning. Containing within said bounds 2,167 square feet plus or 25 minus. The above described permanent easement is for the construction 26 and operation of a six-foot diameter force main at a minimum depth of 27 fifteen feet below the ground surface. Said parcel being part of proper- 28 ty designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the 29 Nassau County Land and Tax Map. 30 § 6. Should the lands described in sections four and five of this act 31 cease to be used for the purposes described in section one of this act, 32 the permanent easements established pursuant to section one of this act 33 shall cease and such lands shall be restored and dedicated as parklands. 34 § 7. In the event that the village of East Rockaway received any fund- 35 ing support or assistance from the federal government for the purchase, 36 maintenance, or improvement of the parklands set forth in sections three 37 through five of this act, the discontinuance and alienation of such 38 parklands authorized by the provisions of this act shall not occur until 39 the village of East Rockaway has complied with any applicable federal 40 requirements pertaining to the alienation or conversion of parklands, 41 including satisfying the secretary of the interior that the alienation 42 or conversion complies with all conditions which the secretary of the 43 interior deems necessary to assure the substitution of other lands shall 44 be equivalent in fair market value and usefulness to the lands being 45 alienated or converted. 46 § 8. This act shall take effect immediately. 47 SUBPART C 48 Section 1. Subject to the provisions of this act, the village of Rock- 49 ville Centre, in the county of Nassau, acting by and through the village 50 board of such village, is hereby authorized to (a) discontinue perma- 51 nently the use as parkland the subsurface lands described in sections 52 three and six of this act and to grant permanent easements on such lands 53 to the State of New York or county of Nassau for the purpose of 54 constructing, operating, maintaining and repairing a subsurface sewerS. 2508 79 A. 3008 1 main, and (b) discontinue temporarily the use as parkland the lands 2 described in sections four, five and seven of this act and grant tempo- 3 rary easements on such lands to the county of Nassau for the purpose of 4 constructing a subsurface sewer main. Authorization for the temporary 5 easements described in sections four, five and seven of this act shall 6 cease upon the completion of the construction of the sewer main, at 7 which time the department of environmental conservation shall restore 8 the surface of the parklands disturbed and the parklands shall continue 9 to be used for park purposes as they were prior to the grant of the 10 temporary easements. Authorization for the permanent easements described 11 in sections three and six of this act shall require that the department 12 of environmental conservation restore the surface of the parklands 13 disturbed and the parklands shall continue to be used for park purposes 14 as they were prior to the establishment of the permanent easements. 15 § 2. The authorization provided in section one of this act shall be 16 effective only upon the condition that the village of Rockville Centre 17 dedicate an amount equal to or greater than the fair market value of the 18 parklands being discontinued to the acquisition of new parklands and/or 19 capital improvements to existing park and recreational facilities. 20 § 3. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and 21 under which a permanent easement may be established pursuant to subdivi- 22 sion (a) of section one of this act is described as all that certain 23 plot, piece or parcel of land with buildings and improvements thereon 24 erected, situate, lying and being located at Incorporated Village of 25 East Rockaway, and the Incorporated Village of Rockville Centre, Town of 26 Hempstead, County of Nassau and State of New York, being a 20-foot wide 27 strip of land more particularly bounded and described as follows: 28 Beginning at a point on the northerly side of Mill River Avenue, said 29 Point of Beginning being South 74°20'24" East, as measured along the 30 northerly side of Mill River Avenue, 60.73 feet plus or minus from the 31 intersection of the northerly side of Mill River Avenue with the easter- 32 ly side of Riverside Road; running thence North 10°26'55" East 461.31 33 feet plus or minus; to the southerly side of South Park Avenue; thence 34 along the southerly side of South Park Avenue, South 79°11'54" East 35 20.00 feet plus or minus, thence South 10°26'55" West 463.01 feet plus 36 or minus, to the northerly side of Mill River Avenue, thence along the 37 northerly side of Mill River Avenue, North 74°20'24" West 20.08 feet 38 plus or minus, to the Point of Beginning. Containing within said bounds 39 9,243 square feet plus or minus. The above described permanent easement 40 is for the construction and operation of a six-foot diameter force main 41 at a minimum depth of fifteen feet below the ground surface. Said parcel 42 being part of property designated as Section: 38 Block: 136 Lots: 231 on 43 the Nassau County Land and Tax Map. 44 § 4. TEMPORARY SUBSURFACE EASEMENT - Access Shaft. Parkland upon and 45 under which a temporary easement may be established pursuant to subdivi- 46 sion (a) of section one of this act is described as all that certain 47 plot, piece or parcel of land with buildings and improvements thereon 48 erected, situate, lying and being located at Incorporated Village of 49 Rockville Centre, Incorporated Village of East Rockaway, and Incorpo- 50 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State 51 of New York being more particularly bounded and described as a circular 52 easement with a radius of 22 feet, the center of said circle being the 53 following two (2) courses from the intersection of the northerly side of 54 South Park Avenue with the easterly side of Chester Road: South 55 79°24'16" East, along the northerly side of South Park Avenue, 247.33 56 feet plus or minus, to the centerline of the permanent subsurface ease-S. 2508 80 A. 3008 1 ment for force main described in section 6 of this subpart of this act; 2 North 10°26'55" East, along said centerline, 953.71 feet plus or minus, 3 to the center of the herein described circular easement. Containing 4 within said bounds a surface area of 1,521 square feet plus or minus. 5 Said temporary easement is for an access shaft that extends from the 6 surface of the ground to an approximate depth of 70 feet. Any permanent 7 surface improvements for cathodic protection, if necessary, would be 8 flush with the ground surface or integrated into site landscaping. Said 9 parcel being part of property designated as Section: 38 Block: F Lot: 10 50F on the Nassau County Land and Tax Map. 11 § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- 12 land upon and under which a temporary easement may be established pursu- 13 ant to subdivision (b) of section one of this act is described as all 14 that certain plot, piece or parcel of land with buildings and improve- 15 ments thereon erected, situate, lying and being located at Incorporated 16 Village of Rockville Centre, Incorporated Village of East Rockaway, and 17 Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau 18 and State of New York being more particularly bounded and described as 19 follows: Beginning at a point on the southerly side of the herein 20 described temporary easement for construction staging, said Point of 21 Beginning being more particularly described as commencing at the inter- 22 section of the northerly side of South Park Avenue with the easterly 23 side of Chester Road; running thence South 79°24'16" East along the 24 northerly side of South Park Avenue, 247.33 feet plus or minus, to the 25 centerline of the permanent subsurface easement for force main described 26 in section 6 of this act; thence North 10°26'55" East, along said 27 centerline, 920.41 feet plus or minus, to the southerly line of the 28 temporary easement, at the Point of Beginning. Running thence North 29 76°19'09" West 185.92 feet plus or minus; thence North 14°49'03" East 30 31.83 feet plus or minus; thence South 76°28'34" East 65.98 feet plus or 31 minus; thence North 36°46'43" East 60.84 feet plus or minus; thence 32 North 78°41'29" East 145.19 feet plus or minus; thence South 65°54'19" 33 East 45.62 feet plus or minus; thence South 29°38'55" West 146.71 feet 34 plus or minus; thence North 76°19'09" West 40.66 feet plus or minus, to 35 the Point of Beginning. Containing within said bounds 22,827 square feet 36 plus or minus. The above described temporary easement is for the 37 construction of a forty-four-foot diameter access shaft. The location of 38 said temporary access shaft is more particularly described in section 39 four of this act. Said parcel being part of property designated as 40 Section: 38 Block: F, Lot: 50F and part of Merton Avenue (not open) on 41 the Nassau County Land and Tax Map. 42 § 6. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and 43 under which a permanent easement may be established pursuant to subdivi- 44 sion (a) of section one of this act is described as all that certain 45 plot, piece or parcel of land with buildings and improvements thereon 46 erected, situate, lying and being located at Incorporated Village of 47 Rockville Centre, Incorporated Village of East Rockaway, and Incorpo- 48 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State 49 of New York being a 20-foot wide strip of land more particularly bounded 50 and described as follows: Beginning at a point on the northerly side of 51 South Park Avenue, said point being South 79°24'16" East, along the 52 northerly side of South Park Avenue, 237.33 feet plus or minus, from the 53 intersection of the northerly side of South Park Avenue with the easter- 54 ly side of Chester Road; running thence North 10°26'55" East 956.35 feet 55 plus or minus; thence North 40°12'27" East 464.95 feet plus or minus, to 56 the westerly side of Mill River; thence along the westerly side of MillS. 2508 81 A. 3008 1 River the following five (5) courses South 10°54'32" East 4.49 feet plus 2 or minus; South 08°32'16" West 6.44 feet plus or minus; South 17°55'44" 3 West 8.24 feet plus or minus; South 10°55'50" West 4.90 feet plus or 4 minus; South 07°44'20" West 14.16 feet plus or minus; thence South 5 40°12'27" West 427.49 feet plus or minus; thence South 10°26'55" West 6 951.08 feet plus or minus to the northerly side of South Park Avenue; 7 thence North 79°24'16" West, along the northerly side of South Park 8 Avenue, 20.00 feet plus or minus, to the Point of Beginning. Containing 9 within said bounds 28,014 square feet plus or minus. The above described 10 permanent easement is for the construction and operation of a six-foot 11 diameter force main at a minimum depth of fifteen feet below the ground 12 surface. Said parcel being part of property designated as Section: 38 13 Block: F Lot: 50F and Section: 38, Block: T, Lot: 50A, on the Nassau 14 County Land and Tax Map. 15 § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- 16 land upon and under which a temporary easement may be established pursu- 17 ant to subdivision (b) of section one of this act is described as all 18 that certain plot, piece or parcel of land with buildings and improve- 19 ments thereon erected, situate, lying and being located at Incorporated 20 Village of Rockville Centre, Town of Hempstead, County of Nassau and 21 State of New York being more particularly bounded and described as 22 follows: Beginning at a point on the northerly side of Sunrise Highway 23 (New York State Route 27), said point being distant 82.57 feet westerly 24 along the northerly side of Sunrise Highway from the extreme westerly 25 end of an arc of a curve connecting the northerly side of Sunrise High- 26 way with the westerly side of North Forest Avenue. Running thence along 27 the northerly side of Sunrise Highway the following three (3) courses: 28 Southwesterly 250.24 feet plus or minus along the arc of a curve bearing 29 to the left having a radius of 862.00 feet and a chord that bears South 30 77°03'07" West 249.36 feet plus or minus, South 68°43'30" West 161.85 31 feet plus or minus; Southwesterly 20.44 feet plus or minus along the arc 32 of a curve bearing to the right having a radius of 592.00 feet and a 33 chord that bears South 69°00'05" West 20.44 feet plus or minus; thence 34 North 14°30'46" West 215.45 feet plus or minus, to the southerly side of 35 Long Island Rail Road; thence along the southerly side of the Long 36 Island Rail Road, South 87°41'41" East 469.93 feet plus or minus; thence 37 South 02°13'26" West 67.80 feet plus or minus, to the northerly side of 38 Sunrise Highway, at the Point of Beginning. Containing within said 39 bounds 57,506 square feet plus or minus. The above described temporary 40 easement is necessary for the construction of temporary access to the 41 aqueduct below Sunrise Highway area. Said parcel being part of property 42 designated as Section: 38 Block: 291 Lot: 17 on the Nassau County Land 43 and Tax Map. 44 § 8. Should the lands described in sections three and six of this act 45 cease to be used for the purposes described in section one of this act, 46 the permanent easements established pursuant to section one of this act 47 shall cease and such lands shall be restored and dedicated as parklands. 48 § 9. In the event that the village of Rockville Centre received any 49 funding support or assistance from the federal government for the 50 purchase, maintenance, or improvement of the parklands set forth in 51 sections three through seven of this act, the discontinuance and alien- 52 ation of such parklands authorized by the provisions of this act shall 53 not occur until the village of Rockville Centre has complied with any 54 applicable federal requirements pertaining to the alienation or conver- 55 sion of parklands, including satisfying the secretary of the interior 56 that the alienation or conversion complies with all conditions which theS. 2508 82 A. 3008 1 secretary of the interior deems necessary to assure the substitution of 2 other lands shall be equivalent in fair market value and usefulness to 3 the lands being alienated or converted. 4 § 10. This act shall take effect immediately. 5 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 6 sion, section, subpart or part of this act shall be adjudged by a court 7 of competent jurisdiction to be invalid, such judgment shall not affect, 8 impair, or invalidate the remainder thereof, but shall be confined in 9 its operation to the clause, sentence, paragraph, subdivision, section, 10 subpart or part thereof directly involved in the controversy in which 11 such judgment shall have been rendered. It is hereby declared to be the 12 intent of the legislature that this act would have been enacted even if 13 such invalid provisions had not been included herein. 14 § 3. This act shall take effect immediately, provided, however, that 15 the applicable effective date of Subparts A through C of this act shall 16 be as specifically set forth in the last section of such Subparts. 17 PART AA 18 Section 1. Subparagraph (i) of paragraph 3 of subdivision (a) of 19 section 21 of the tax law, as amended by section 17 of part BB of chap- 20 ter 56 of the laws of 2015, is amended to read as follows: 21 (i) The tangible property credit component shall be equal to the 22 applicable percentage of the cost or other basis for federal income tax 23 purposes of tangible personal property and other tangible property, 24 including buildings and structural components of buildings, which 25 constitute qualified tangible property and may include any related party 26 service fee paid; provided that in determining the cost or other basis 27 of such property, the taxpayer shall exclude the acquisition cost of any 28 item of property with respect to which a credit under this section was 29 allowable to another taxpayer. A related party service fee shall be 30 allowed only in the calculation of the tangible property credit compo- 31 nent and shall not be allowed in the calculation of the site preparation 32 credit component or the on-site groundwater remediation credit compo- 33 nent. The portion of the tangible property credit component which is 34 attributable to related party service fees shall be allowed only as 35 follows: (A) in the taxable year in which the qualified tangible proper- 36 ty described in subparagraph (iii) of this paragraph is placed in 37 service, for that portion of the related party service fees which have 38 been earned and actually paid to the related party on or before the last 39 day of such taxable year; and (B) with respect to any other taxable year 40 for which the tangible property credit component may be claimed under 41 this subparagraph and in which the amount of any additional related 42 party service fees are actually paid by the taxpayer to the related 43 party, the tangible property credit component for such amount shall be 44 allowed in such taxable year. The credit component amount so determined 45 shall be allowed for the taxable year in which such qualified tangible 46 property is first placed in service on a qualified site with respect to 47 which a certificate of completion has been issued to the taxpayer, or 48 for the taxable year in which the certificate of completion is issued if 49 the qualified tangible property is placed in service prior to the issu- 50 ance of the certificate of completion. This credit component shall only 51 be allowed for up to one hundred twenty months after the date of the 52 issuance of such certificate of completion, provided, however, that for 53 qualified sites to which a certificate of completion is issued on or 54 after March twentieth, two thousand ten, but prior to January first, twoS. 2508 83 A. 3008 1 thousand twelve, the credit component shall be allowed for up to one 2 hundred forty-four months after the date of such issuance. 3 § 2. This act shall take effect immediately. 4 PART BB 5 Section 1. Notwithstanding the contrary provisions of section 9-0501 6 of the environmental conservation law and the contrary provisions of the 7 public lands law, the department of environmental conservation is 8 authorized to grant easements for buried cables on real property within 9 the Farmersville State Forest, Lost Nation State Forest, and Swift Hill 10 State Forest, which meet the following conditions: 11 (a) The easements are for buried electric cables which are part of a 12 wind powered electric generation project located in the towns of Rush- 13 ford, Farmersville, Arcade, Centerville, Freedom, and Machias. 14 (b) The easements are for a portion of the property within Farmers- 15 ville State Forest, Lost Nation State Forest, and Swift Hill State 16 Forest owned by the state and managed by the department of environmental 17 conservation. The buried cables shall be: 18 (1) located underground for approximately 500 feet between turbines 19 101 and 102 (which are sited on private land), and passing below a 20 section of Farmersville State Forest in Cattaraugus County; 21 (2) located underground for approximately 1,600 feet on the south side 22 of Hess Road along the Farmersville State Forest boundary in Cattaraugus 23 County, turning southwest to follow an existing track for approximately 24 420 feet, and continuing west along the northern parcel boundary for 25 approximately 1,300 feet to the property line, to connect turbines 100 26 and 104 (both sited on private land); 27 (3) located underground for approximately 2,950 feet along the west 28 side of North Hill Road in Lost Nation State Forest in Allegany County 29 to connect turbines 73, 75, 76, and 77 (all sited on private land) to 30 the rest of the project; and 31 (4) located underground for approximately 1,150 feet on the east side 32 of Rushford Road, along the western edge of Swift Hill State Forest in 33 Allegany County to connect turbines 124 and 125 (both sited on private 34 land) to the rest of the project. 35 (c) The easements will be conveyed by the department of environmental 36 conservation and take effect only in the event the underground cables 37 proposed to be on such easement lands are certified and approved as part 38 of a wind powered electric generation facility pursuant to article 10 of 39 the public service law. 40 (d) The easements shall terminate when the associated wind powered 41 electric generation project ceases to operate for 18 months as set forth 42 in the easements and the easements shall then revert to the state to be 43 managed by the department of environmental conservation as state forest 44 land. 45 (e) The use of chemicals/herbicides for clearing said easements is 46 prohibited unless prior approval for the same is granted by the depart- 47 ment of environmental conservation, division of lands and forests. 48 § 2. (a) In entering into the easements described in section one of 49 this act, the department of environmental conservation is authorized to 50 grant such easements for fair market value plus twenty percent of the 51 value of the easements plus one hundred thousand dollars upon applica- 52 tion by Alle-Catt Wind Energy LLC. 53 (b) An amount, not less than fair market value plus twenty percent of 54 the value of the easements plus one hundred thousand dollars shall beS. 2508 84 A. 3008 1 used to obtain for the state an interest in real property for open space 2 purposes in region 9 of the department of environmental conservation 3 from the regional priority conservation projects list in region 9 as 4 part of this state's open space conservation plan. The total payment for 5 such acquisition or acquisitions shall not be less than the value of the 6 easements to be conveyed by the state plus twenty percent of the value 7 of such easements plus one hundred thousand dollars. 8 (c) Any monies received by the department of environmental conserva- 9 tion from Alle-Catt Wind Energy LLC in consideration of these easements 10 shall be deposited into the state environmental protection fund, as 11 established in section 92-s of the state finance law, until such time as 12 they can be used towards the purchase of the real property as contem- 13 plated in subdivision (b) of this section. 14 (d) The description of the easements to be conveyed by this act is not 15 intended to be a legal description, but is intended to identify the 16 easements to be conveyed. As a condition of conveyance Alle-Catt Wind 17 Energy LLC shall submit to the commissioner of environmental conserva- 18 tion for his or her approval an accurate survey and description of lands 19 generally described in this section which may be used in the conveyance 20 thereof. 21 (e) The grant of the easements is conditioned on the issuance of 22 certificates of environmental compatibility and public need pursuant to 23 the provisions of article 10 of the public service law. 24 (f) Compensation for the stumpage value of trees to be felled by the 25 entity shall be deposited in the same manner as in subdivision (b) of 26 this section with the felled trees to become the property of Invenergy 27 LLC. Stumpage value is to be determined by the department of environ- 28 mental conservation forester based on the most recent department of 29 environmental conservation stumpage price report at the time the trees 30 are felled. 31 § 3. The commissioner of environmental conservation may prescribe 32 additional terms for such exchange of real property. Such contract shall 33 not become binding upon the state until approved by the state comp- 34 troller. Title to the land to the people of the state of New York pursu- 35 ant to the provisions of such contract shall be approved by the attorney 36 general, and the deed to the state shall be approved by him or her as to 37 form and manner of execution and recordability before such deed shall be 38 accepted on behalf of the state. Notwithstanding the contrary provisions 39 of the public lands law, the conveyance of the state-owned easements 40 pursuant to such contract shall be without reservation or exception, 41 except as provided for in such contract. Upon certification by the 42 commissioner of environmental conservation to the commissioner of gener- 43 al services of a copy of the contract, and certification that Alle-Catt 44 Wind Energy LLC has complied with all terms and conditions of the 45 contract upon their part to be kept and performed, together with a 46 description of any of the easements to be exchanged, conveyed and/or 47 payments to be made, the commissioner of general services shall convey 48 the easements described in section one of this act in accordance with 49 the provisions of the contract. 50 § 4. This act shall take effect immediately, and shall expire and be 51 deemed repealed five years after such date; provided, however, should 52 the easements be granted within the five years, the term of the ease- 53 ments will establish the end date of the easements. At such time the 54 land will revert back to the state of New York for state forest 55 purposes.S. 2508 85 A. 3008 1 PART CC 2 Section 1. Section 12 of part F of chapter 58 of the laws of 2013 3 amending the environmental conservation law and the state finance law 4 relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter 5 65 of the laws of 2019, is amended to read as follows: 6 § 12. This act shall take effect immediately and shall be deemed to 7 have been in full force and effect on and after April 1, 2013; provided, 8 however, that the amendments to subdivision 5-a of section 27-1015 of 9 the environmental conservation law, as added by section nine of this 10 act, shall expire and be deemed repealed on April 1, [2021] 2023. 11 § 2. This act shall take effect immediately. 12 PART DD 13 Section 1. This act shall be known and may be cited as the "rail 14 advantaged housing act". 15 § 2. Legislative findings and statement of purpose. The legislature 16 hereby finds, determines and declares: 17 (a) Chapter 106 of the laws of 2019 enacted the New York state climate 18 leadership and community protection act (the "CLCPA"). The CLCPA 19 directed the department of environmental conservation to establish a 20 statewide greenhouse gas emissions limit for 2030 equal to 60% of 1990 21 emissions, and a statewide greenhouse gas emissions limit for 2050 equal 22 to 15% of 1990 emissions (the "CLCPA limits"). 23 (b) Transportation currently accounts for 36% of the greenhouse gas 24 emissions in New York. New York has an obligation to reduce greenhouse 25 gas emissions in every sector, including transportation. 26 (c) The CLCPA recognizes the need to encourage and facilitate land use 27 and transportation planning strategies to reduce greenhouse gas emis- 28 sions from the transportation sector. 29 (d) In 1946, the legislature declared a housing emergency in New York 30 City. The emergency has continued through the present day. Housing 31 production throughout the New York City metropolitan area has been 32 insufficient to address this emergency for decades. 33 (e) Creating housing in close proximity to commuter rail stations 34 promotes both the goals of the CLCPA and helps to address the housing 35 emergency in New York City. 36 (f) A public policy purpose would be served and the interests of the 37 people of the state would be advanced by expediting the regulatory 38 review of local zoning changes that will lead to the production of hous- 39 ing in close proximity to commuter rail stations. 40 § 3. Definitions. 41 (a) "Commissioner" shall mean the commissioner of environmental 42 conservation or the commissioner's designee. 43 (b) "Commuter rail station" shall mean a rail station, other than a 44 rail station located in New York City, on any rail line operated by 45 either the Long Island Rail Road or the Metro-North Railroad. 46 (c) "Commuter rail station area" shall mean the area within one-half 47 mile of any commuter rail station. 48 (d) "Incremental parking decrease" shall mean, with respect to a rail 49 advantaged housing rezoning proposal, the percentage decrease in public- 50 ly accessible vehicle parking proximate to a commuter rail station that 51 such rezoning proposal would cause, if effective. 52 (e) "Incremental population increase" shall mean, with respect to a 53 rail advantaged housing rezoning proposal, the percentage by which theS. 2508 86 A. 3008 1 population of a local jurisdiction including the property subject to 2 such rezoning proposal would increase if: (1) such rezoning proposal 3 were to become effective; (2) all of the housing permitted to be built 4 as a result of such rezoning proposal were to be built; and (3) all of 5 such housing were to be fully occupied. 6 (f) "Local jurisdiction" shall mean any city, county, town, village or 7 other political subdivision of the state. 8 (g) "Local agency zoning mitigation account" shall mean an account 9 established by a local agency solely for the purpose of mitigating envi- 10 ronmental impacts due to any rezoning. 11 (h) "Local agency" means any governing body of a local jurisdiction. 12 (i) "Rail advantaged housing" shall mean any housing or residential 13 building located within one-half mile of a commuter rail station. 14 (j) "Rail advantaged housing envelope" shall mean the total square 15 feet of residential space permitted to be built in a commuter rail 16 station area under the zoning regulations applicable to such commuter 17 rail station area. 18 (k) "Rail advantaged housing rezoning proposal" shall mean a proposal 19 for rezoning which, if effective, (1) would increase the rail advantaged 20 housing envelope in the area proposed for rezoning, and (2) would not 21 affect zoning regulations applicable outside a commuter rail station 22 area. 23 (l) "Rezoning" shall mean an action undertaken by a local agency to 24 modify zoning regulations. 25 (m) "Rezoning entity" shall mean a local agency authorized to modify 26 zoning regulations. 27 § 4. Uniform standards and conditions. 28 (a) The commissioner shall establish a set of uniform standards and 29 conditions for rail advantaged housing rezoning proposals that are 30 common for all rail advantaged housing rezoning proposals or for partic- 31 ular classes and categories of rail advantaged housing rezoning 32 proposals. 33 (b) The uniform standards and conditions established under paragraph 34 (a) of this section shall include: 35 1. A standard establishing a maximum incremental population increase 36 the exceedance of which by a rail advantaged housing rezoning proposal 37 would cause such rezoning proposal to be deemed to have an environmental 38 impact; 39 2. A standard establishing a maximum incremental parking decrease the 40 exceedance of which by a rail advantaged housing rezoning proposal would 41 cause such rezoning proposal to be deemed to have an environmental 42 impact; 43 3. A formula to determine, by reference to any, all, or any combina- 44 tion of the following factors, the amount which, if paid to a local 45 agency zoning mitigation account, would mitigate the impact of housing 46 construction on the quality of a jurisdiction's environment and on a 47 local agency's ability to provide essential public services: such local 48 agency's expenses for public education; such local agency's expenses for 49 maintenance and improvement of roads, bicycle paths, pedestrian walkways 50 and parks; such local agency's expenses to provide drinking water and to 51 manage water quality; and other factors determined by the commissioner 52 to be relevant; and 53 4. Any other standards and conditions determined by the commissioner. 54 § 5. Expedited zoning review. Whenever a county legislature has 55 adopted a local law to permit rail advantaged housing as defined in 56 section three of this act, the uniform standards established pursuant toS. 2508 87 A. 3008 1 section four of this act shall apply to such project if the project is 2 approved. Approval by a rezoning entity of a rail advantaged housing 3 rezoning proposal is contingent upon the approval of the chief executive 4 officer of any town, village or city and shall be deemed to not have a 5 significant effect on the environment under subparagraph (ii) of para- 6 graph (c) of subdivision 2 of section 8-0113 of the environmental 7 conservation law if prior to such approval: 8 (a) the chief executive officer of any town, village or city which 9 includes property subject to such rezoning has certified that such rail 10 advantaged housing rezoning proposal: 11 1. does not exceed the population increase standard established under 12 paragraph 1 of subdivision (b) of section four of this act; 13 2. does not exceed the parking decrease standard established under 14 paragraph 2 of subdivision (b) of section four of this act; 15 3. requires that any person who builds housing pursuant to such rezon- 16 ing proposal must pay to any applicable local agency's local agency 17 rezoning mitigation account an amount not less than the amount deter- 18 mined in accordance with the formula established under paragraph 3 of 19 subdivision (b) of section four of this act to be sufficient to mitigate 20 any impacts caused by such housing; and 21 (b) such rezoning entity has conducted at least one public hearing on 22 such rail advantaged rezoning proposal. 23 § 6. This act shall take effect immediately. 24 PART EE 25 Section 1. Subdivision 5 of section 1902 of the public authorities 26 law, as added by section 6 of part JJJ of chapter 58 of the laws of 27 2020, is amended to read as follows: 28 5. Notwithstanding title five-A of article nine of this chapter, or 29 any law to the contrary, establish a build-ready program, including 30 eligibility and other criteria, pursuant to which the authority would, 31 through a competitive and transparent bidding process, and using single 32 purpose project holding companies established by or on behalf of the 33 authority and having no separate and independent operational control, 34 acquire, sell and transfer rights and other interests in build-ready 35 sites and development rights to developers for the purpose of facilitat- 36 ing the development of renewable energy facilities on such build-ready 37 sites. Such transactions may include the transfer of rights, interests 38 and obligations existing under agreements providing for host community 39 benefits negotiated by the authority pursuant to programs established 40 pursuant to subdivision six of this section on such terms and conditions 41 as the authority deems appropriate; 42 § 2. This act shall take effect immediately; provided however, that 43 the amendments to section 1902 of the public authorities law made by 44 section one of this act shall be subject to the repeal of such section 45 and shall expire and be deemed repealed therewith. 46 PART FF 47 Section 1. Subdivision (p) of section 406 of chapter 166 of the laws 48 of 1991, amending the tax law and other laws relating to taxes, as 49 amended by section 12 of part A of chapter 55 of the laws of 2020, is 50 amended to read as follows: 51 (p) The amendments to section 1809 of the vehicle and traffic law made 52 by sections three hundred thirty-seven and three hundred thirty-eight ofS. 2508 88 A. 3008 1 this act shall not apply to any offense committed prior to such effec- 2 tive date; provided, further, that section three hundred forty-one of 3 this act shall take effect immediately and shall expire November 1, 1993 4 at which time it shall be deemed repealed; sections three hundred 5 forty-five and three hundred forty-six of this act shall take effect 6 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 7 six, three hundred fifty-seven and three hundred fifty-nine of this act 8 shall take effect immediately and shall expire June 30, 1995 and shall 9 revert to and be read as if this act had not been enacted; section three 10 hundred fifty-eight of this act shall take effect immediately and shall 11 expire June 30, 1998 and shall revert to and be read as if this act had 12 not been enacted; section three hundred sixty-four through three hundred 13 sixty-seven of this act shall apply to claims filed on or after such 14 effective date; sections three hundred sixty-nine, three hundred seven- 15 ty-two, three hundred seventy-three, three hundred seventy-four, three 16 hundred seventy-five and three hundred seventy-six of this act shall 17 remain in effect until September 1, [2021] 2023, at which time they 18 shall be deemed repealed; provided, however, that the mandatory 19 surcharge provided in section three hundred seventy-four of this act 20 shall apply to parking violations occurring on or after said effective 21 date; and provided further that the amendments made to section 235 of 22 the vehicle and traffic law by section three hundred seventy-two of this 23 act, the amendments made to section 1809 of the vehicle and traffic law 24 by sections three hundred thirty-seven and three hundred thirty-eight of 25 this act and the amendments made to section 215-a of the labor law by 26 section three hundred seventy-five of this act shall expire on September 27 1, [2021] 2023 and upon such date the provisions of such subdivisions 28 and sections shall revert to and be read as if the provisions of this 29 act had not been enacted; the amendments to subdivisions 2 and 3 of 30 section 400.05 of the penal law made by sections three hundred seventy- 31 seven and three hundred seventy-eight of this act shall expire on July 32 1, 1992 and upon such date the provisions of such subdivisions shall 33 revert and shall be read as if the provisions of this act had not been 34 enacted; the state board of law examiners shall take such action as is 35 necessary to assure that all applicants for examination for admission to 36 practice as an attorney and counsellor at law shall pay the increased 37 examination fee provided for by the amendment made to section 465 of the 38 judiciary law by section three hundred eighty of this act for any exam- 39 ination given on or after the effective date of this act notwithstanding 40 that an applicant for such examination may have prepaid a lesser fee for 41 such examination as required by the provisions of such section 465 as of 42 the date prior to the effective date of this act; the provisions of 43 section 306-a of the civil practice law and rules as added by section 44 three hundred eighty-one of this act shall apply to all actions pending 45 on or commenced on or after September 1, 1991, provided, however, that 46 for the purposes of this section service of such summons made prior to 47 such date shall be deemed to have been completed on September 1, 1991; 48 the provisions of section three hundred eighty-three of this act shall 49 apply to all money deposited in connection with a cash bail or a 50 partially secured bail bond on or after such effective date; and the 51 provisions of sections three hundred eighty-four and three hundred 52 eighty-five of this act shall apply only to jury service commenced 53 during a judicial term beginning on or after the effective date of this 54 act; provided, however, that nothing contained herein shall be deemed to 55 affect the application, qualification, expiration or repeal of any 56 provision of law amended by any section of this act and such provisionsS. 2508 89 A. 3008 1 shall be applied or qualified or shall expire or be deemed repealed in 2 the same manner, to the same extent and on the same date as the case may 3 be as otherwise provided by law; 4 § 2. Subdivision 8 of section 1809 of the vehicle and traffic law, as 5 amended by section 13 of part A of chapter 55 of the laws of 2020, is 6 amended to read as follows: 7 8. The provisions of this section shall only apply to offenses commit- 8 ted on or before September first, two thousand [twenty-one] 9 twenty-three. 10 § 3. This act shall take effect immediately. 11 PART GG 12 Section 1. Section 1226 of the vehicle and traffic law, as amended by 13 chapter 506 of the laws of 1971, is amended to read as follows: 14 § 1226. Control of steering mechanism. No person shall operate a motor 15 vehicle without having at least one hand or, in the case of a physically 16 handicapped person, at least one prosthetic device or aid on the steer- 17 ing mechanism at all times when the motor vehicle is in motion unless a 18 driving automation system, as defined in SAE J3016 as periodically 19 revised, is engaged to perform steering function. 20 § 2. Subdivision a of section 1 of part FF of chapter 55 of the laws 21 of 2017, relating to motor vehicles equipped with autonomous vehicle 22 technology, as amended by section 1 of part H of chapter 58 of the laws 23 of 2018, is amended to read as follows: 24 a. Notwithstanding the provisions of section 1226 of the vehicle and 25 traffic law, the New York state commissioner of motor vehicles may 26 approve demonstrations and tests consisting of the operation of a motor 27 vehicle equipped with autonomous vehicle technology while such motor 28 vehicle is engaged in the use of such technology on public highways 29 within this state for the purposes of demonstrating and assessing the 30 current development of autonomous vehicle technology and to begin iden- 31 tifying potential impacts of such technology on safety, traffic control, 32 traffic enforcement, emergency services, and such other areas as may be 33 identified by such commissioner. [Provided, however, that such demon-34strations and tests shall only take place under the direct supervision35of the New York state police, in a form and manner prescribed by the36superintendent of the New York state police. Additionally, a law37enforcement interaction plan shall be included as part of the demon-38stration and test application that includes information for law enforce-39ment and first responders regarding how to interact with such a vehicle40in emergency and traffic enforcement situations. Such demonstrations41and tests shall take place in a manner and form prescribed by the42commissioner of motor vehicles including, but not limited to: a require-43ment that a natural person holding a valid license for the operation of44the motor vehicle's class be present within such vehicle for the dura-45tion of the time it is operated on public highways; a requirement that46the motor vehicle utilized in such demonstrations and tests complies47with all applicable federal motor vehicle safety standards and New York48state motor vehicle inspection standards; and a requirement that the49motor vehicle utilized in such demonstrations and tests has in place, at50a minimum, financial security in the amount of five million dollars] The 51 commissioner shall issue and promulgate rules and regulations for the 52 administration of this act. Nothing in this act shall authorize the 53 motor vehicle utilized in such demonstrations and tests to operate inS. 2508 90 A. 3008 1 violation of article 22 or title 7 of the vehicle and traffic law, 2 excluding section 1226 of such law. 3 § 3. Section 3 of part FF of chapter 55 of the laws of 2017, relating 4 to motor vehicles equipped with autonomous vehicle technology, as 5 amended by section 2 of part M of chapter 58 of the laws of 2019, is 6 amended to read as follows: 7 § 3. This act shall take effect April 1, 2017; provided, however, that 8 section one of this act shall expire and be deemed repealed April 1, 9 [2021] 2026. 10 § 4. There is hereby established a group to be known as the "Intera- 11 gency Group on Autonomous Vehicle Technology". The group shall be 12 composed of the following members: the commissioner of the department of 13 transportation or his or her designee; the commissioner of the depart- 14 ment of motor vehicles or his or her designee; the director of the New 15 York State thruway authority or his or her designee; the chancellor of 16 the state university of New York or his or her designee; and the direc- 17 tor of the state police or his or her designee. The group shall be 18 responsible for the coordination of all State policy with regard to 19 autonomous vehicle and connected autonomous vehicle technology with the 20 goal of providing quick and efficient modification of regulation in 21 response to evolving industry trends. The group shall study, evaluate 22 and develop recommendations relating to specific actionable measures 23 that address how automated vehicle technology will transform the state's 24 roadways, economy, education system, and society. The group shall study 25 how to support safe testing, deployment and operation of automated vehi- 26 cle technology on public highways. In doing so, the group shall take the 27 following into consideration: (a) the measures necessary to successfully 28 implement automated vehicles, including necessary legislative and regu- 29 latory or administrative changes; (b) the difficulties and liabilities 30 that could arise by allowing automated vehicles on public highways and 31 proper mechanisms to manage risks and ensure adequate risk coverage; (c) 32 how automated vehicle technology can promote research and development in 33 this state; (d) potential infrastructure changes needed and capital 34 planning considerations; and (f) any other issue the group deems rele- 35 vant. 36 § 5. This act shall take effect immediately, provided, however, that 37 section one of this act shall take effect April 1, 2026. 38 PART HH 39 Section 1. The vehicle and traffic law is amended by adding a new 40 section 224-b to read as follows: 41 § 224-b. Convenience fee. In addition to any other fees provided for 42 in this chapter, a nonrefundable technology fee of one dollar shall be 43 added to the applicable fee for any transaction for which a fee is 44 charged by the department for: the registration, reregistration or 45 renewal of a registration of a motor vehicle, motorcycle, historic 46 motorcycle, snowmobile or vessel; and the issuance of any original, 47 duplicate or renewal learner permit, driver's license or non-driver 48 identification card. Such fees shall be deposited to the credit of the 49 dedicated highway and bridge trust fund, established pursuant to section 50 eighty-nine-b of the state finance law. 51 § 2. Paragraph (a) of subdivision 3 of section 89-b of the state 52 finance law, as amended by section 4 of chapter 368 of the laws of 2019, 53 is amended to read as follows:S. 2508 91 A. 3008 1 (a) The special obligation reserve and payment account shall consist 2 (i) of all moneys required to be deposited in the dedicated highway and 3 bridge trust fund pursuant to the provisions of sections two hundred 4 five, two hundred eighty-nine-e, three hundred one-j, five hundred 5 fifteen and eleven hundred sixty-seven of the tax law, [section] 6 sections two hundred twenty-four-b and four hundred one and article 7 [twelve-d] twelve-D of the vehicle and traffic law, and section thirty- 8 one of chapter fifty-six of the laws of nineteen hundred ninety-three, 9 (ii) all fees, fines or penalties collected by the commissioner of 10 transportation and the commissioner of motor vehicles pursuant to 11 section fifty-two, section three hundred twenty-six, section eighty- 12 eight of the highway law, subdivision fifteen of section three hundred 13 eighty-five of the vehicle and traffic law, section two of part U1 of 14 chapter sixty-two of the laws of two thousand three, subdivision (d) of 15 section three hundred four-a, paragraph one of subdivision (a) and 16 subdivision (d) of section three hundred five, subdivision six-a of 17 section four hundred fifteen and subdivision (g) of section twenty-one 18 hundred twenty-five of the vehicle and traffic law, section fifteen of 19 this chapter, excepting moneys deposited with the state on account of 20 betterments performed pursuant to subdivision twenty-seven or subdivi- 21 sion thirty-five of section ten of the highway law, and section one 22 hundred forty-five of the transportation law, (iii) any moneys collected 23 by the department of transportation for services provided pursuant to 24 agreements entered into in accordance with section ninety-nine-r of the 25 general municipal law, and (iv) any other moneys collected therefor or 26 credited or transferred thereto from any other fund, account or source. 27 § 3. Paragraph (a) of subdivision 3 of section 89-b of the state 28 finance law, as amended by section 5 of chapter 368 of the laws of 2019, 29 is amended to read as follows: 30 (a) The special obligation reserve and payment account shall consist 31 (i) of all moneys required to be deposited in the dedicated highway and 32 bridge trust fund pursuant to the provisions of sections two hundred 33 eighty-nine-e, three hundred one-j, five hundred fifteen and eleven 34 hundred sixty-seven of the tax law, [section] sections two hundred twen- 35 ty-four-b and four hundred one and article [twelve-d] twelve-D of the 36 vehicle and traffic law, and section thirty-one of chapter fifty-six of 37 the laws of nineteen hundred ninety-three, (ii) all fees, fines or 38 penalties collected by the commissioner of transportation and the 39 commissioner of motor vehicles pursuant to section fifty-two, section 40 three hundred twenty-six, section eighty-eight of the highway law, 41 subdivision fifteen of section three hundred eighty-five of the vehicle 42 and traffic law, section fifteen of this chapter, excepting moneys 43 deposited with the state on account of betterments performed pursuant to 44 subdivision twenty-seven or subdivision thirty-five of section ten of 45 the highway law, and section one hundred forty-five of the transporta- 46 tion law, (iii) any moneys collected by the department of transportation 47 for services provided pursuant to agreements entered into in accordance 48 with section ninety-nine-r of the general municipal law, and (iv) any 49 other moneys collected therefor or credited or transferred thereto from 50 any other fund, account or source. 51 § 4. This act shall take effect on the one hundred eightieth day after 52 it shall have become a law and shall expire and be deemed repealed five 53 years after such date; provided, however, that the amendments to para- 54 graph (a) of subdivision 3 of section 89-b of the state finance law, 55 made by section two of this act, shall be subject to the expiration and 56 reversion of such paragraph pursuant to section 13 of part U1 of chapterS. 2508 92 A. 3008 1 62 of the laws of 2003, as amended, when upon such date the provisions 2 of section three of this act shall take effect; provided further that 3 the convenience fee authorized to be collected in connection with fee 4 transactions relating to the registration of motor vehicles, motorcy- 5 cles, historic motorcycles, vessels and snowmobiles shall apply to new 6 registrations issued, reregistrations occurring, and to renewals of 7 registrations expiring, on and after such date; and provided further 8 that the technology fee authorized to be collected in connection with 9 fee transactions relating to learner permits, driver licenses and iden- 10 tification cards shall apply to new learner permits, driver licenses and 11 identification cards issued, and to renewals of learner permits, driver 12 licenses and identification cards expiring, on and after such date. 13 Effective immediately, the addition, amendment and/or repeal of any rule 14 or regulation and any changes in procedures and information technology 15 systems necessary for the implementation of this act on its effective 16 date are authorized to be made and completed on or before such effective 17 date. 18 PART II 19 Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 20 amending the public authorities law, relating to authorizing the dormi- 21 tory authority to enter into certain design and construction management 22 agreements, as amended by section 1 of part B of chapter 58 of the laws 23 of 2019, is amended to read as follows: 24 § 2. This act shall take effect immediately and shall expire and be 25 deemed repealed April 1, [2021] 2024. 26 § 2. The dormitory authority of the state of New York shall provide a 27 report providing information regarding any project undertaken pursuant 28 to a design and construction management agreement, as authorized by part 29 BB of chapter 58 of the laws of 2012, between the dormitory authority of 30 the state of New York and the department of environmental conservation 31 and/or the office of parks, recreation and historic preservation to the 32 governor, the temporary president of the senate and speaker of the 33 assembly. Such report shall include but not be limited to a description 34 of each such project, the project identification number of each such 35 project, if applicable, the projected date of completion, the status of 36 the project, the total cost or projected cost of each such project, and 37 the location, including the names of any county, town, village or city, 38 where each such project is located or proposed. In addition, such a 39 report shall be provided to the aforementioned parties by the first day 40 of March of each year that the authority to enter into such agreements 41 pursuant to part BB of chapter 58 of the laws of 2012 is in effect. 42 § 3. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect on and after April 1, 2021. 44 PART JJ 45 Section 1. The opening paragraph of section 5102 of the insurance law 46 is amended and a new subsection (n) is added to read as follows: 47 In this [chapter] article: 48 (n) "Provider of health services" means a person or entity who or that 49 renders health services. 50 § 2. Section 5109 of the insurance law, as added by chapter 423 of the 51 laws of 2005, is amended to read as follows:S. 2508 93 A. 3008 1 § 5109. Unauthorized providers of health services. (a) [The super-2intendent, in consultation with the commissioner of health and the3commissioner of education, shall by regulation, promulgate standards and4procedures for investigating and suspending or removing the authori-5zation for providers of health services to demand or request payment for6health services as specified in paragraph one of subsection (a) of7section five thousand one hundred two of this article upon findings8reached after investigation pursuant to this section. Such regulations9shall ensure the same or greater due process provisions, including10notice and opportunity to be heard, as those afforded physicians inves-11tigated under article two of the workers' compensation law and shall12include provision for notice to all providers of health services of the13provisions of this section and regulations promulgated thereunder at14least ninety days in advance of the effective date of such regulations.] 15 As used in this section, "health services" means services, supplies, 16 therapies or other treatments as specified in subparagraph (i), (ii) or 17 (iv) of paragraph one of subsection (a) of section five thousand one 18 hundred two of this article. 19 (b) [The commissioner of health and the commissioner of education20shall provide a list of the names of all providers of health services21who the commissioner of health and the commissioner of education shall22deem, after reasonable investigation, not authorized to demand or23request any payment for medical services in connection with any claim24under this article because such provider of health services] The super- 25 intendent may prohibit a provider of health services from demanding or 26 requesting payment for health services rendered under this article, 27 other than health services rendered in the emergency department of a 28 general hospital, as defined in subdivision ten of section two thousand 29 eight hundred one of the public health law, for a period not exceeding 30 three years, if the superintendent determines, after notice and hearing, 31 that the provider of health services: 32 (1) has admitted to, or been found guilty of, professional [or other] 33 misconduct [or incompetency], as defined in the education law, in 34 connection with [medical] health services rendered under this article; 35 [or36(2) has exceeded the limits of his or her professional competence in37rendering medical care under this article or has knowingly made a false38statement or representation as to a material fact in any medical report39made in connection with any claim under this article; or40(3)] (2) solicited, or [has] employed another person to solicit for 41 [himself or herself] the provider of health services or [for] another 42 person or entity, professional treatment, examination or care of [an43injured] a person in connection with any claim under this article; [or44(4) has] (3) refused to appear before, or [to] answer any question 45 upon request of, the [commissioner of health, the] superintendent[,] or 46 any duly authorized officer of [the] this state, [any legal question,] 47 or refused to produce any relevant information concerning [his or her] 48 the conduct of the provider of health services in connection with 49 [rendering medical] health services rendered under this article; [or50(5) has] (4) engaged in [patterns] a pattern of billing for: 51 (A) health services [which] alleged to have been rendered under this 52 article, when the health services were not [provided] rendered, 53 provided, however, that an adverse determination by the superintendent 54 pursuant to this subparagraph shall not be based on good faith disputes 55 regarding the appropriateness of a particular code to describe a health 56 service; orS. 2508 94 A. 3008 1 (B) unnecessary health services, provided, however, that an adverse 2 determination by the superintendent pursuant to this subparagraph shall 3 not be based solely on the fact that one or more insurers have denied 4 multiple claims submitted by the provider of health services; 5 (5) utilized unlicensed persons to render health services under this 6 article, when only a person licensed in this state may render the health 7 services; 8 (6) utilized licensed persons to render health services that were 9 beyond the authorized scope of the person's license; 10 (7) ceded ownership, operation or control of a business entity author- 11 ized to provide professional health services in this state, including a 12 professional service corporation, professional limited liability company 13 or registered limited liability partnership, to a person not licensed to 14 render the health services for which the entity is legally authorized to 15 provide, except where the unlicensed person's ownership, operation or 16 control is otherwise permitted by law; 17 (8) committed a fraudulent insurance act as defined in section 176.05 18 of the penal law; 19 (9) has been convicted of a crime involving fraudulent or dishonest 20 practices; or 21 (10) violated any provision of this article or regulations promulgated 22 thereunder. 23 (c) [Providers] A provider of health services shall [refrain from24subsequently treating for remuneration, as a private patient, any person25seeking medical treatment] not demand or request payment for any health 26 services under this article [if such provider pursuant to this section27has been prohibited from demanding or requesting any payment for medical28services under this article. An injured claimant so treated or examined29may raise this as] other than health services rendered in the emergency 30 department of a general hospital, as defined in subdivision ten of 31 section two thousand eight hundred one of the public health law, that 32 are rendered during the term of the prohibition ordered by the super- 33 intendent pursuant to subsection (b) of this section. The prohibition 34 ordered by the superintendent may be a defense in any action by [such] 35 the provider of health services for payment for [treatment rendered at36any time after such provider has been prohibited from demanding or37requesting payment for medical services in connection with any claim38under this article] such health services. 39 (d) The chair of the workers' compensation board shall provide the 40 superintendent a list of the names of all providers of health services 41 which, in connection with any investigation, hearing, or findings pursu- 42 ant to section thirteen-d of the workers' compensation law, have volun- 43 tarily resigned or are disqualified from rendering health services under 44 the workers' compensation law. Such providers of health services shall 45 not be authorized to demand or request any payment for health services 46 in connection with any claim under this article, other than health 47 services rendered in the emergency department of a general hospital, as 48 defined in subdivision ten of section two thousand eight hundred one of 49 the public health law, that are rendered during the period that such 50 providers of health services have voluntarily resigned or are disquali- 51 fied from rendering health services under the workers' compensation law. 52 (e) The chair of the workers' compensation board shall maintain and 53 regularly update a database containing a list of providers of health 54 services which, in connection with any investigation, hearing, or find- 55 ings pursuant to section thirteen-d of the workers' compensation law, 56 have voluntarily resigned or are disqualified from rendering healthS. 2508 95 A. 3008 1 services under the workers' compensation law, and shall make such infor- 2 mation available to the public. 3 (f) The [commissioner of health and the commissioner of education] 4 superintendent shall maintain [and regularly update] a database contain- 5 ing a list of providers of health services prohibited by this section 6 from demanding or requesting any payment for health services [connected7to a claim] rendered under this article and shall make [such] the infor- 8 mation available to the public [by means of a website and by a toll free9number]. 10 (g) The superintendent may levy a civil penalty not exceeding fifty 11 thousand dollars on any provider of health services that the superinten- 12 dent prohibits from demanding or requesting payment for health services 13 pursuant to subsection (b) of this section. Any civil penalty imposed 14 under this section that is based upon the commission of a fraudulent 15 insurance act, as defined in section 176.05 of the penal law, shall be 16 levied in accordance with subsection (c) of section four hundred three 17 of this chapter. 18 [(e)] (h) Nothing in this section shall be construed as limiting in 19 any respect the powers and duties of the commissioner of health, commis- 20 sioner of education, the chair of the workers' compensation board, or 21 the superintendent to investigate instances of misconduct by a [health22care] provider [and, after a hearing and upon written notice to the23provider, to temporarily prohibit a provider of health services under24such investigation from demanding or requesting any payment for medical25services under this article for up to ninety days from the date of such26notice] of health services and take appropriate action pursuant to any 27 other provision of law. A determination of the superintendent pursuant 28 to subsection (b) of this section shall not be binding upon the commis- 29 sioner of health or the commissioner of education in a professional 30 discipline proceeding relating to the same conduct. 31 § 3. The superintendent of financial services shall convene a motor 32 vehicle insurance task force, to examine alternatives to the no-fault 33 insurance system as well as other legislative or regulatory initiatives 34 to reduce the cost of motor vehicle insurance. The task force shall 35 issue a report to the governor on its recommendations no later than 36 December 31, 2021. The task force shall be chaired by the superinten- 37 dent of financial services or his or her designee, and the governor 38 shall appoint eight (8) members comprised of consumer representatives, 39 health insurers, trial attorneys, healthcare providers, and insurers. 40 The members of the task force shall receive no compensation for their 41 services, but shall be allowed their actual and necessary expenses 42 incurred in the performance of their duties. 43 § 4. This act shall take effect immediately; provided, however that 44 sections one and two of this act shall take effect on the one hundred 45 eightieth day after it shall have become a law. 46 PART KK 47 Section 1. Section 410 of the economic development law is REPEALED. 48 § 2. Section 3102-b of the public authorities law, as renumbered by 49 chapter 291 of the laws of 1990, the opening paragraph as amended by 50 chapter 616 of the laws of 1991, paragraph (a) of subdivision 1, subdi- 51 vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of 52 the laws of 2010, subdivisions 5 and 6 as added by chapter 828 of the 53 laws of 1987, is amended to read as follows:S. 2508 96 A. 3008 1 § 3102-b. Centers for advanced technology. In order to encourage 2 greater collaboration between private industry and the universities of 3 the state in the development and application of new technologies, the 4 [foundation] department is authorized to designate for advanced technol- 5 ogy such areas as integrated electronics, optics, biotechnology, tele- 6 communications, automation and robotics, electronics packaging, imaging 7 technology and others [identified by the foundation] as determined by 8 the department in accordance with the criteria set forth in section 9 three of part T of chapter eighty-four of the laws of two thousand 10 two, in areas identified by such department as having significant poten- 11 tial for economic growth in New York, or in which the application of new 12 technologies could significantly enhance the productivity and stability 13 of New York businesses. Such designations shall be made in accordance 14 with the standards and criteria set forth in subdivision two of this 15 section. Centers so designated shall be eligible for support from the 16 foundation in the manner provided for in subdivision three of this 17 section, and for such additional support as may otherwise be provided by 18 law. 19 1. As used in this section: 20 (a) "center for advanced technology" or "center" means a university or 21 university-affiliated research institute or a consortium of such insti- 22 tutions, designated by the [foundation] department, which conducts a 23 continuing program of basic and applied research, development, and tech- 24 nology commercialization in one or more technological areas, in collab- 25 oration with and through the support of private business and industry; 26 and 27 (b) "applicant" means a university or university-affiliated research 28 institute or a consortium of such institutions which request designation 29 as a center in accordance with such requirements as are established by 30 the [foundation] department for this purpose. 31 (c) "department" means the department of economic development. 32 2. The [foundation] department shall: 33 (a) identify technological areas for which centers should be desig- 34 nated including technological areas that are related to industries with 35 significant potential for economic growth and development in New York 36 state and technological areas that are related to the enhancement of 37 productivity in various industries located in New York state. 38 (b) establish criteria that applicants must satisfy for designation as 39 a center, including, but not limited to the following: 40 (i) an established record of research, development and instruction in 41 the area or areas of technology involved; 42 (ii) the capacity to conduct research and development activities in 43 collaboration with business and industry; 44 (iii) the capacity to secure substantial private and other govern- 45 mental funding for the proposed center, in amounts at least equal to the 46 total of support sought from the state; 47 (iv) the ability and willingness to cooperate with other institutions 48 in the state in conducting research and development activities, and in 49 disseminating research results; and to work with technical and community 50 colleges in the state to enhance the quality of technical education in 51 the area or areas of technology involved; 52 (v) the ability and willingness to cooperate with the [foundation] 53 department and other economic development agencies in promoting the 54 growth and development in New York state of industries based upon or 55 benefiting from the area or areas of technology involved.S. 2508 97 A. 3008 1 (c) establish such requirements as it deems appropriate for the 2 format, content and filing of applications for designation as centers 3 for advanced technology. 4 (d) establish such procedures as it deems appropriate for the evalu- 5 ation of applications for designation as centers for advanced technolo- 6 gy, including the establishment of peer review panels composed of 7 nationally recognized experts in the technological areas and industries 8 to which the application is related. 9 (e) Notwithstanding the criteria set forth in this subdivision, or any 10 provision of law to the contrary, the universities, university-affiliat- 11 ed research institutes or a consortium of such institutions designated 12 as centers of excellence under section four hundred ten of the economic 13 development law on or before the effective date of the chapter of the 14 laws of two thousand twenty-one that amended this section shall be 15 designated as centers for advanced technology for a period of two years, 16 during which time a competition will be held to award ten year desig- 17 nations to applicants deemed to have significant economic impact poten- 18 tial. The number of awards made as a result of such competition shall be 19 at least equal to the number of centers of excellence. Centers of excel- 20 lence receiving a two year center designation shall include: Buffalo 21 Center of Excellence in Bioinformatics and Life Sciences; Syracuse 22 Center of Excellence in Environmental and Energy Systems; Albany Center 23 of Excellence in Nanoelectronics; Stony Brook Center of Excellence in 24 Wireless and Information Technology; Binghamton Center of Excellence in 25 Small Scale Systems Integration and Packaging; Stony Brook Center of 26 Excellence in Advanced Energy Research; Buffalo Center of Excellence in 27 Materials Informatics; Rochester Center of Excellence in Sustainable 28 Manufacturing; Rochester Center of Excellence in Data Science; Rensse- 29 laer Polytechnic Institute Center of Excellence in Digital Game Develop- 30 ment; Rochester Institute of Technology Center of Excellence in Digital 31 Game Development; New York University Center of Excellence in Digital 32 Game Development; Cornell University Center of Excellence in Food and 33 Agriculture Innovation; Albany Center of Excellence in Data Science in 34 Atmospheric and Environmental Prediction and Innovation; New York 35 Medical College Center of Excellence in Precision Responses to Bioter- 36 rorism and Disaster; and Clarkson - SUNY ESF Center of Excellence in 37 Healthy Water Solutions. 38 3. (a) From such funds as may be appropriated for this purpose by the 39 legislature, the [foundation] department may provide financial support, 40 through contracts or other means, to designated centers for advanced 41 technology, in order to enhance and accelerate the development of such 42 centers. Funds received pursuant to this subdivision may be used for 43 purchase of equipment and fixtures, employment of faculty and support 44 staff, provision of graduate fellowships, and other purposes approved by 45 the [foundation] department, but may not be used for capital 46 construction. In each case, the amount provided by the [foundation] 47 department to a center shall be matched by commitments of support from 48 private and governmental other than state sources provided that: 49 (i) funds or in-kind resources provided by the public or private 50 university of which the center is a part may be counted towards the 51 match; 52 (ii) such match shall not be required on a project-by-project basis; 53 (iii) matching funds received from businesses with no more than one 54 hundred employees shall count as double the actual dollar amount toward 55 the center's overall match requirement;S. 2508 98 A. 3008 1 (iv) funds used by the center for any workforce development activities 2 required by the [foundation] department shall not be included as part of 3 the center's award when determining the amount of matching funds 4 required by the [foundation] department. Such activities shall include, 5 but are not limited to, helping incumbent workers expand their skill 6 sets through short courses, seminars, and workshops; providing indus- 7 try-driven research assistant opportunities for students, and aiding in 8 the development of undergraduate and graduate courses in the center's 9 technology focus to help ensure that students are trained to meet the 10 needs of industry; 11 (v) centers may use not more then twenty-five percent of indirect 12 costs towards any match requirements. 13 (b) (i) The [amount provided by the foundation shall be made in14accordance with the following:15(i) for the academic year in which it is first funded as a designated16center, and the five subsequent years, the] amount provided by the 17 [foundation] department to a center shall be matched equally by the 18 center[;19(ii) beginning in the sixth academic year following the academic year20in which a center is first funded as a designated center and for each21academic year thereafter, amounts provided by the foundation of up to22seven hundred fifty thousand dollars shall be matched equally by the23center, amounts in excess of seven hundred fifty thousand dollars shall24be matched by the center in amounts of at least the percentage set forth25herein: in the sixth year, one hundred twenty percent; in the seventh26year, one hundred forty percent; in the eighth year, one hundred sixty27percent; in the ninth year, one hundred eighty percent; in the tenth28year and each year thereafter, two hundred percent;29(iii) beginning in the ninth academic year following the academic year30in which a center is first funded as a designated center, the foundation31shall evaluate such center's area of advanced technology to determine32whether it has continued significant potential for enhancing economic33growth in New York, or whether the application of technologies in the34area could significantly enhance the productivity and stability of New35York businesses;36(iv) upon]. (ii) Upon a finding by the [foundation] department that an 37 area of advanced technology has continued significant potential for 38 enhancing economic growth in New York, or that the application of tech- 39 nologies in the area could significantly enhance the productivity and 40 stability of New York businesses, the [foundation] department will 41 initiate a redesignation process in accordance with the standards and 42 criteria set forth in paragraph (b) of subdivision two and in accordance 43 with paragraphs (c) and (d) of subdivision two of this section. 44 [(1) In the event a new center is selected in the redesignation proc-45ess, the foundation shall provide funds to such new center in accordance46with the funding match requirements set forth in subparagraphs (i) and47(ii) of paragraph (a) of this subdivision.48(2) In the event a previously designated center is redesignated in the49same area of technology, which redesignation is effective for the tenth50academic year following the first academic year of both designation and51funding, then, in that year and in each year thereafter, the foundation52shall provide funds of up to seven hundred fifty thousand dollars to be53matched equally by the center, amounts in excess of seven hundred fifty54thousand dollars shall be matched by the center in amounts of at least55two hundred percent.S. 2508 99 A. 3008 1(3)] (iii) In the event a currently designated center is not selected 2 in the redesignation process for an additional term, or upon a finding 3 by the [foundation] department that the area of advanced technology does 4 not have significant potential for enhancing economic growth in New 5 York, or upon a finding that the application of technologies in that 6 area would not significantly enhance the productivity and stability of 7 New York businesses, then the [foundation] department shall, in the 8 tenth academic year following such center's first both designation and 9 funding, which year shall be the final year of funding for such center, 10 provide an amount of up to five hundred thousand dollars. 11 (c) Continued funding of the operations of each center shall be based 12 upon a showing that: the center continues to comply with the criteria 13 established by the [foundation] department pursuant to paragraph (b) of 14 subdivision two of this section; a demonstration of assistance to small 15 businesses in New York state through research, technology transfer or 16 other means as approved by the [foundation] department; evidence of 17 partnerships with other appropriate entities to develop outreach 18 networks and ensure that companies receive access to appropriate federal 19 funding for technology development and commercialization as well as 20 non-research assistance such as general business consulting. Appropriate 21 partners are those with which the center demonstrates a relationship 22 that enhances and advances the center's ability to aid economic growth 23 in New York state; and compliance with the rules, regulations and guide- 24 lines of the [foundation] department; and, compliance with any contracts 25 between the [foundation] department and the designated center. 26 (d) Each center shall report on its activities to the [foundation] 27 department in a manner and according to the schedule established by the 28 [foundation] department, and shall provide such additional information 29 as the [foundation] department may require provided, that quantifiable 30 economic development impact measures are not restricted to any period 31 less than five years and that centers provide a full description of all 32 non-quantifiable measures. The [foundation] department shall evaluate 33 center operations using methods such as site visits, reporting of speci- 34 fied information and peer review evaluations using experts in the field 35 of technology in which the center was designated. The [foundation] 36 department shall notify each center of the results of its evaluations 37 and findings of deficiencies in the operation of such center or its 38 research, education, or technology commercialization activities and 39 shall work with such centers to remedy such findings. If such factors 40 are not remedied, the [foundation] department may withdraw the state 41 funding support, in whole or in part, or withdraw the center desig- 42 nation. 43 (e) In order to encourage that the results of center research benefit 44 New York state, designation and continued funding of each center shall 45 be contingent upon each center's establishing within its licensing 46 guidelines the following: after payment of the inventor's share, a 47 reduced payment due to the university of any royalty, income or other 48 consideration earned from the license or sale of intellectual property 49 rights created or developed at, or through the use of, the facilities of 50 the center by any person or entity if the manufacturing or use resulting 51 from such intellectual property rights occurs within New York state. The 52 [foundation] department shall promulgate rules and regulations regarding 53 the provisions of the licensing guidelines described herein as they 54 apply to such reduced payment, and such provisions shall be subject to 55 the approval of the [foundation] department.S. 2508 100 A. 3008 1 4. From such funds as may be appropriated for this purpose by the 2 legislature, the [foundation] department may provide grants to any one 3 university or university-affiliated research institution for purposes of 4 planning and program development aimed at enabling such university or 5 university-affiliated research institution to qualify for designation as 6 a center. Such grants shall be awarded on a competitive basis, and shall 7 be available only to those applicants which in the judgment of the 8 [foundation] department may reasonably be expected to be designated as 9 centers. No applicant shall receive more than one such grant. 10 5. (a) From such funds as may be appropriated for the purpose of 11 incentive grants or other funds which may be available from the [founda-12tion] department to enhance center activities in areas of crucial inter- 13 est in the state's economic development, the [foundation] department may 14 provide grants, on a competitive basis, to centers for projects includ- 15 ing, but not limited to, those which: 16 (i) explore new technologies with commercial application conducted 17 jointly by two or more centers or a center and non-center university, 18 college or community college; 19 (ii) are aimed at enhancing or accelerating the process of bringing 20 new products, particularly those under development by new small busi- 21 nesses, to the marketplace; or 22 (iii) increase technology transfer projects with the state's mature 23 manufacturing industries in applying technology in their manufacturing 24 processes or for new product development. 25 (b) State support for incentive grants may be matched on an individual 26 basis by the [foundation] department, which may consider the type of 27 project and the availability of amounts from private, university and 28 governmental, other than state, sources. 29 6. (a) The [foundation] department shall make an annual report of the 30 centers for advanced technology program to the governor and the legisla- 31 ture not later than September first of each year. Such report shall 32 include, but not be limited to, the results of the [foundation's] 33 department's evaluation of each center, a description of the achievement 34 of each center, any deficiencies in the operation of each center or its 35 research, education and technology commercialization activities, remedi- 36 al actions recommended by the [foundation] department, remedial actions 37 taken by each center, a description of the small business assistance 38 provided by each center, a description of any incentive grant program 39 awarded a grant by the [foundation] department and the achievements of 40 such program, and the amount of financial assistance provided by the 41 [foundation] department and the level of matching funds provided by each 42 center and the uses of such monies. 43 (b) Annual reports shall include a discussion of any fields of tech- 44 nology that the foundation has identified as having significant poten- 45 tial for economic growth or improved productivity and stability of New 46 York businesses and in which no center for advanced technology has been 47 designated and recommendations of the [foundation] department as to 48 actions that should be taken. 49 § 3. This act shall take effect immediately, provided, however section 50 one of this act shall take effect April 1, 2023. 51 PART LL 52 Section 1. Paragraph (a) of subdivision 1 of section 9-x of the bank- 53 ing law, as amended by section 1 of part C of chapter 126 of the laws of 54 2020, is amended to read as follows:S. 2508 101 A. 3008 1 (a) "Covered period" means March 7, 2020 until the later of December 2 31, 2021 or the date on which none of the provisions that closed or 3 otherwise restricted public or private businesses or places of public 4 accommodation, or required postponement or cancellation of all non-es- 5 sential gatherings of individuals of any size for any reason in Execu- 6 tive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 7 202.13 or 202.14, as extended by Executive Orders 202.28 and 202.31 and 8 as further extended by any future Executive Order, issued in response to 9 the COVID-19 pandemic continue to apply in the county of the qualified 10 mortgagor's residence; 11 § 2. This act shall take effect immediately. 12 PART MM 13 Section 1. This act enacts into law components of legislation relating 14 to eviction and foreclosure protections for tenants and owners of 15 commercial real property. Each component is wholly contained within a 16 subpart identified as Subparts A through B. The effective date for each 17 particular provision contained within such Subpart is set forth in the 18 last section of such Subpart. Any provision in any section contained 19 within a subpart, including the effective date of the subpart, which 20 makes reference to a section "of this act", when used in connection with 21 that particular component, shall be deemed to mean and refer to the 22 corresponding section of the subpart in which it is found. Section five 23 of this act sets forth the general effective date of this act. 24 § 2. Short title. This act shall be known and may be cited as the 25 "COVID-19 Emergency Eviction and Foreclosure Prevention for Tenants and 26 Owners of Commercial Real Property Act of 2021". 27 § 3. Legislative intent. The Legislature finds and declares all of the 28 following: 29 1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer- 30 gency in response to the Coronavirus disease (COVID-19) pandemic. Meas- 31 ures necessary to contain the spread of COVID-19 have brought about 32 widespread economic and societal disruption, placing the state of New 33 York in unprecedented circumstances. 34 2. COVID-19 presents a historic threat to public health and the 35 economic well-being of New Yorkers. Commercial tenants and real property 36 owners are facing eviction or foreclosure due to necessary disease 37 control measures that reduced businesses revenue and triggered mass 38 unemployment across the state. 39 3. The pandemic has further interrupted court operations, the avail- 40 ability of counsel, the ability for parties to pay for counsel, and the 41 ability to safely commute and enter a courtroom, settlement conference 42 and the like. 43 4. A temporary prohibition of evictions and foreclosures for commer- 44 cial properties is to the mutual benefit of all New Yorkers and will 45 help the state address the financial toll of the pandemic, protect 46 public health, and set the stage for economic recovery. 47 5. As such, a limited, temporary stay is necessary to protect the 48 public health, financial security, and morals of the people the Legisla- 49 ture represents from the dangers of the COVID-emergency pandemic. 50 SUBPART A 51 Section 1. Definitions. For the purposes of this act:S. 2508 102 A. 3008 1 1. "Eviction proceeding" means a summary proceeding to recover 2 possession of real property relating to a commercial unit under the real 3 property actions and proceedings law for nonpayment of rent or any other 4 judicial proceeding to recover possession of commercial real property 5 for nonpayment of rent. 6 2. "Landlord" includes a landlord, owner of real property and any 7 other person with a legal right to pursue eviction, possessory action, 8 or a money judgment for rent, including arrears, owed or that becomes 9 due during the COVID-19 covered period, as defined in section 1 of chap- 10 ter 127 of the laws of 2020. 11 3. "Tenant" includes a commercial tenant, or any other person or enti- 12 ty responsible for paying rent, use and occupancy, or any other finan- 13 cial obligation under a lease for real property or tenancy agreement, 14 but does not include a residential tenant of a dwelling unit. 15 4. "Hardship declaration" means the following statement, or a substan- 16 tially equivalent statement in the tenant's primary language, in 17 14-point type, published by the office of court administration, whether 18 in physical or electronic form, regarding the financial hardship of the 19 tenant and signed under the penalty of perjury by the tenant: 20 "NOTICE TO COMMERCIAL TENANT: If you have lost income or had increased 21 costs during the COVID-19 pandemic as described in this hardship decla- 22 ration and you sign and deliver this hardship declaration to your land- 23 lord, you cannot be evicted until at least May 1, 2021 for nonpayment of 24 rent. You or your licensees may still be evicted for violating your 25 lease by persistently engaging in behavior that infringes on the use and 26 enjoyment of other tenants or occupants or causes a substantial safety 27 hazard to others. If your landlord has provided you with this form, your 28 landlord must also provide you with a mailing address and email address 29 to which you can return this form. If your landlord has already started 30 an eviction proceeding against you, you can return this form to either 31 your landlord, the court, or both at any time. You should keep a copy or 32 a picture of the signed form for your records. You will still owe any 33 unpaid rent to your landlord. You should also keep careful track of what 34 you have paid and any amount you still owe. 35 COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEM- 36 IC: I am a commercial tenant, lawful occupant, or other person respon- 37 sible for paying rent, use and occupancy, or any other financial obli- 38 gation under a commercial lease or commercial tenancy agreement at 39 (address of commercial property). 40 You must indicate below your qualification for eviction protection by 41 checking the appropriate box and signing the declaration: 42 My business is experiencing financial hardship due to the COVID-19 43 pandemic, I certify I have not received any federal, state or local aid 44 for businesses harmed by COVID-19, and I am unable to pay my rent or 45 other financial obligations under the lease in full because of the 46 following: 47 ( ) My business was subject to seating, occupancy or on-premises pres- 48 ence limitations due to COVID-19 safety measures as required by New York 49 State Executive Orders and the business suffered a significant loss of 50 income or significant increase in cost, the approximate percentage of 51 which may be required to be provided or proved by documentation; 52 ( ) My business has experienced a reduction in gross receipts by at 53 least thirty-five percent for any three-month term during the COVID-19 54 coverage period that is comparable to a three-month term in 2019, which 55 may be required to be proved by documentation;S. 2508 103 A. 3008 1 ( ) My business has experienced a net decrease in employment by at least 2 thirty-five percent for any three-month term during the COVID-19 cover- 3 age period that is comparable to a three-month term in 2019, which may 4 be required to be proved by documentation; or 5 ( ) I attest that my business was in receipt of federal, state, or local 6 aid for businesses financially harmed by COVID-19, however the amounts 7 received _____ (fill in amount) was insufficient to pay fully any 8 arrears, and my business still meets one or more of the criteria laid 9 out above and I qualify for financial hardship under this section. 10 I understand that I must comply with all other lawful terms under my 11 tenancy, lease agreement or similar contract. I further understand that 12 lawful fees, penalties or interest for not having paid rent in full or 13 met other financial obligations as required by my tenancy, lease agree- 14 ment or similar contract may still be charged or collected and may 15 result in a monetary judgment against me. I further understand that my 16 landlord may be able to seek eviction after May 1, 2021, and that the 17 law may provide certain protections at that time that are separate from 18 those available through this declaration. 19 Signed: 20 Printed name: 21 Date signed: 22 NOTICE: You are signing and submitting this form under penalty of law. 23 That means it is against the law to make a statement on this form that 24 you know is false." 25 § 2. Notwithstanding any law to the contrary no commercial tenant 26 shall be removed from possession prior to May 1, 2021, except by an 27 eviction proceeding. 28 § 3. Pending eviction proceedings. Any eviction proceeding pending on 29 the effective date of this act, including eviction proceedings filed on 30 or before March 7, 2020, or commenced within thirty days of the effec- 31 tive date of this act shall be stayed for at least thirty days, or to 32 such later date that the chief administrative judge shall determine is 33 necessary to ensure that courts are prepared to conduct proceedings in 34 compliance with this act and to give tenants an opportunity to submit 35 the hardship declaration pursuant to this act. The court in each case 36 shall promptly issue an order directing such stay and promptly mail the 37 respondent a copy of the hardship declaration. 38 § 4. Prohibition on initiation of eviction proceeding. If there is no 39 pending eviction proceeding and a tenant provides a hardship declaration 40 to the landlord or an agent of the landlord, there shall be no initi- 41 ation of an eviction proceeding against the tenant until at least May 1, 42 2021, and in such event any specific time limit for the commencement of 43 an eviction proceeding shall be tolled until May 1, 2021. 44 § 5. Required affidavit. 1. No court shall accept for filing any peti- 45 tion or complaint or other filing to commence an eviction proceeding 46 unless the petitioner or an agent of the petitioner or plaintiff files 47 an affidavit of service, attesting to the service of both the eviction 48 papers and an unexecuted copy of the hardship declaration, and accompa- 49 nied by an affidavit by petitioner or plaintiff that: 50 a. at the time of filing, neither the petitioner or the plaintiff nor 51 any agent of the petitioner or plaintiff has received a hardship decla- 52 ration from the respondent or defendant, or 53 b. the respondent or defendant has returned a hardship declaration, 54 but the respondent or its licensees are persistently engaging in behav-S. 2508 104 A. 3008 1 ior that infringes on the use and enjoyment of other tenants or occu- 2 pants or causes a substantial safety hazard to others, with a specific 3 description of the behavior alleged. 4 2. Upon accepting a petition or complaint the attorney, judge, or 5 clerk of the court, as the case may be, shall determine whether a copy 6 of the hardship declaration is annexed to the served notice of petition 7 or summons and complaint and, if not, shall ensure that the hardship 8 declaration is attached to such notice or summons. At the earliest 9 possible opportunity, the court shall seek confirmation on the record or 10 in writing from the respondent or defendant that the respondent or 11 defendant has received the hardship declaration and that the respondent 12 or defendant has not submitted a hardship declaration to the petitioner 13 or plaintiff, an agent of the petitioner or plaintiff, or the court. 14 § 6. Pending proceedings. In any eviction proceeding in which an 15 eviction warrant or judgment of possession or ejectment has not been 16 issued, including eviction proceedings filed on or before March 7, 2020, 17 if the tenant provides a hardship declaration to the petitioner or 18 plaintiff, the court, or an agent of the petitioner or the court, the 19 eviction proceeding shall be stayed until at least May 1, 2021. If such 20 hardship declaration is provided to the petitioner or plaintiff or their 21 agent, such petitioner or plaintiff or their agent shall promptly file 22 it with the court, advising the court in writing the index number of all 23 relevant cases. 24 § 7. Sections two, three, four, and six of this act shall not apply if 25 the tenant or its licensees are persistently engaging in behavior that 26 infringes on the use and enjoyment of other tenants or occupants or 27 causes a substantial health or safety hazard to others. 28 § 8. Translation of hardship declaration. The office of court adminis- 29 tration shall translate the hardship declaration, as defined in section 30 one of this act, into Spanish and the six most common languages in the 31 city of New York, after Spanish, and shall post and maintain such trans- 32 lations and an English language copy of the hardship declaration on the 33 website of such office beginning within fifteen days of the effective 34 date of this act. To the extent practicable, the office of court admin- 35 istration shall post and maintain on its website translations into such 36 additional languages as the chief administrative judge shall deem appro- 37 priate to ensure that tenants have an opportunity to understand and 38 submit hardship declarations pursuant to this act. 39 § 9. If any clause, sentence, paragraph, section, or part of this act 40 shall be adjudged by any court of competent jurisdiction to be invalid 41 and after exhaustion of all further judicial review, the judgment shall 42 not affect, impair or invalidate the remainder thereof, but shall be 43 confined in its operation to the clause, sentence, paragraph, section or 44 part of this act directly involved in the controversy in which the judg- 45 ment shall have been rendered. 46 § 10. This act shall take effect immediately and sections one, two, 47 three, four, five, six, seven, and eight of this act shall expire May 1, 48 2021. 49 SUBPART B 50 Section 1. This subpart enacts into law components of legislation 51 relating to mortgage foreclosures. 52 § 2. Application. This act shall apply to any action to foreclose a 53 mortgage relating to a commercial or multi-family real property.S. 2508 105 A. 3008 1 (a) For purposes of this act, real property shall not include residen- 2 tial real property that is subject to the COVID-19 Emergency Eviction 3 and Foreclosure Prevention Act of 2020. 4 (b) For purposes of this act, real property shall not include property 5 that has not been maintained or has not been actively marketed for 6 rental for a continuous period of six months before the submission of a 7 hardship declaration pursuant to this action. 8 (c) Notwithstanding anything to the contrary, this act shall not apply 9 to and does not affect any mortgage loans made, insured, purchased or 10 securitized by a corporate governmental agency of the state constituted 11 as a political subdivision and public benefit corporation, or the rights 12 and obligations of any lender, issuer, servicer, or trustee of such 13 obligations. 14 § 3. Definitions. For the purposes of this act, "Hardship Declaration" 15 means the following statement, or a substantially similar statement, in 16 the mortgagor's primary language, in 14-point type, published by the 17 office of court administration, whether in physical or electronic form 18 and signed under the penalty of perjury stating the following: 19 "NOTICE TO MORTGAGOR: If you have lost income or had increased costs 20 during the COVID-19 pandemic as described in this hardship declaration 21 and you sign and deliver this hardship declaration to your mortgage 22 lender, you cannot be foreclosed on until at least May 1, 2021. You or 23 your licensees may still be evicted for violating your lease by persis- 24 tently engaging in behavior that infringes on the use and enjoyment of 25 other tenants or occupants or causes a substantial safety hazard to 26 others. 27 If your mortgage lender or other foreclosing party has provided you with 28 this form, they must also provide you with a mailing address and email 29 address to which you can return this form. If your mortgage lender or 30 other foreclosing party has already started a foreclosure proceeding 31 against you, you can return this form to either your mortgage lender or 32 the foreclosing party, the court, or both at any time. You should keep a 33 copy or a picture of the signed form for your records. You will still 34 owe any unpaid mortgage payments and lawful fees to your lender. You 35 should also keep careful track of what you have paid and any amount you 36 still owe. 37 COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19 BUSINESS RELATED HARD- 38 SHIP: I am the mortgagor of the property at (address of commercial 39 business). I am experiencing financial hardship and I have not received 40 any federal, state, or local aid for businesses financially harmed by 41 COVID-19, and I am unable to pay my mortgage in full because of one or 42 more of the following: 43 ( ) One or more of my tenants have defaulted on a significant amount of 44 rent payments since March 1, 2020, which may be required to be proved by 45 documentation; 46 ( ) My tenant's business was subject to seating, occupancy or on-premis- 47 es presence limitations due to COVID-19 safety measures as required by 48 New York State Executive Orders and the business suffered a significant 49 loss or income or increase in cost which has resulted in the reduction 50 of a significant amount of rent payments, which may be required to be 51 proved by documentation; 52 ( ) I have suffered a significant reduction in revenue or increase in 53 cost for any three-month period during the COVID-19 coverage period, 54 which may be required to be proved by documentation.S. 2508 106 A. 3008 1 I attest that if my business was in receipt of federal, state, or local 2 aid for businesses financially harmed by COVID-19, that such amount of 3 ________ (fill in amount), was insufficient to cover my mortgage and my 4 business still meets the criteria laid out above and I qualify for 5 financial hardship under this section. I understand that I must comply 6 with all the other lawful terms under my mortgage agreement. I further 7 understand that lawful fees, penalties or interest for not having paid 8 my mortgage in full as required by my mortgage agreement may still be 9 charged or collected and may result in a monetary judgment against me. I 10 also understand that my mortgage lender or other foreclosing party may 11 pursue a foreclosure action against me on or after May 1, 2021, if I do 12 not fully repay any missed or partial payments and lawful fees. 13 Signed: 14 Printed name: 15 Date signed: 16 NOTICE: You are signing and submitting this form under penalty of law. 17 That means it is against the law to make a statement on this form that 18 you know is false." 19 § 4. Any action to foreclose a mortgage pending on the effective date 20 of this act, including actions filed on or before March 7, 2020, or 21 commenced within thirty days of the effective date of this act shall be 22 stayed for at least thirty days, or to such later date that the chief 23 administrative judge shall determine is necessary to ensure that courts 24 are prepared to conduct proceedings in compliance with this act and to 25 give mortgagors an opportunity to submit the hardship declaration pursu- 26 ant to this act. The court in each case shall promptly issue an order 27 directing such stay and promptly mail the mortgagor a copy of the hard- 28 ship declaration. 29 § 5. If a mortgagor provides a hardship declaration to the foreclosing 30 party or an agent of the foreclosing party, there shall be no initiation 31 of an action to foreclose a mortgage against the mortgagor until at 32 least May 1, 2021, and in such event any specific time limit for the 33 commencement of an action to foreclose a mortgage shall be tolled until 34 May 1, 2021. 35 § 6. No court shall accept for filing any action to foreclose a mort- 36 gage unless the foreclosing party or an agent of the foreclosing party 37 files an affidavit, of service demonstrating the service of a copy of 38 the summons and complaint or notice of petition, along with an unexe- 39 cuted copy of the hardship declaration; and an affidavit by the peti- 40 tioner attesting that at the time of filing, neither the foreclosing 41 party nor any agent of the foreclosing party has received a hardship 42 declaration from the mortgagor. At the earliest possible opportunity, 43 the court shall seek confirmation on the record or in writing that the 44 mortgagor has received a copy of the hardship declaration and that the 45 mortgagor has not returned the hardship declaration to the foreclosing 46 party or an agent of the foreclosing party. If the court determines a 47 mortgagor has not received a hardship declaration, then the court shall 48 stay the proceeding for a reasonable period of time, which shall be no 49 less than ten business days or any longer period provided by law, to 50 ensure the mortgagor received and fully considered whether to submit the 51 hardship declaration. 52 § 7. In any action to foreclose a mortgage in which a judgment of sale 53 has been issued prior to the effective date of this act but has not yet 54 been executed as of the effective date of this act, including actionsS. 2508 107 A. 3008 1 filed on or before March 7, 2020, the court shall stay the execution of 2 the judgment at least until the court has held a status conference with 3 the parties. In any action to foreclose a mortgage, if the mortgagor 4 provides a hardship declaration to the foreclosing party, the court, or 5 an agent of the foreclosing party or the court, prior to the execution 6 of the judgment, the execution shall be stayed until at least May 1, 7 2021. If such hardship declaration is provided to the foreclosing party 8 or agent of the foreclosing party, such foreclosing party or agent shall 9 promptly file it with the court, advising the court in writing the index 10 number of all relevant cases. 11 § 8. If any clause, sentence, paragraph, section, or part of this act 12 shall be adjudged by any court of competent jurisdiction to be invalid 13 and after exhaustion of all further judicial review, the judgment shall 14 not affect, impair or invalidate the remainder thereof, but shall be 15 confined in its operation to the clause, sentence, paragraph, section or 16 part of this act directly involved in the controversy in which the judg- 17 ment shall have been rendered. 18 § 9. This act shall take effect immediately and sections one, two, 19 three, four, five, six and seven of this act shall expire May 1, 2021. 20 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 21 sion, section or part of this act shall be adjudged by any court of 22 competent jurisdiction to be invalid, such judgment shall not affect, 23 impair, or invalidate the remainder thereof, but shall be confined in 24 its operation to the clause, sentence, paragraph, subdivision, section 25 or part thereof directly involved in the controversy in which such judg- 26 ment shall have been rendered. It is hereby declared to be the intent of 27 the legislature that this act would have been enacted even if such 28 invalid provisions had not been included herein. 29 § 5. This act shall take effect immediately provided, however, that 30 the applicable effective date of Subparts A through B of this act shall 31 be as specifically set forth in the last section of such Subparts. 32 PART NN 33 Section 1. Section 1 of subpart H of part C of chapter 20 of the laws 34 of 2015, appropriating money for certain municipal corporations and 35 school districts, as amended by section 1 of part AAA of chapter 59 of 36 the laws of 2018, is amended to read as follows: 37 Section 1. Contingent upon available funding, and not to exceed 38 [$69,000,000] $140,000,000 moneys from the urban development corporation 39 shall be available for a local government entity, which for the purposes 40 of this section shall mean a county, city, town, village, school 41 district or special district, where (i) on or after June 25, 2015, an 42 electric generating facility located within such local government entity 43 has ceased operations, and (ii) the closing of such facility has caused 44 a reduction in the real property tax collections or payments in lieu of 45 taxes of at least twenty percent owed by such electric generating facil- 46 ity. Such moneys attributable to the cessation of operations, shall be 47 paid annually on a first come, first served basis by the urban develop- 48 ment corporation to such local government entity within a reasonable 49 time upon confirmation from the state office of real property tax 50 services or the local industrial development authority established 51 pursuant to titles eleven and fifteen of article eight of the public 52 authorities law, or the local industrial development agency established 53 pursuant to article eighteen-A of the general municipal law that such 54 cessation has resulted in a reduction in the real property taxS. 2508 108 A. 3008 1 collections or payments in lieu of taxes, provided, however, that the 2 urban development corporation shall not provide assistance to such local 3 government entity for more than seven years, and shall award payments 4 reflecting the loss of revenues due to the cessation of operations as 5 follows: 6 Award Year Maximum Potential Award 7 1 no more than eighty percent of loss of revenues 8 2 no more than seventy percent of loss of revenues 9 3 no more than sixty percent of loss of revenues 10 4 no more than fifty percent of loss of revenues 11 5 no more than forty percent of loss of revenues 12 6 no more than thirty percent of loss of revenues 13 7 no more than twenty percent of loss of revenues 14 A local government entity shall be eligible for only one payment of 15 funds hereunder per year. A local government entity may seek assistance 16 under the electric generation facility cessation mitigation fund once a 17 generator has submitted its notice to the federally designated electric 18 bulk system operator (BSO) serving the state of New York of its intent 19 to retire the facility or of its intent to voluntarily remove the facil- 20 ity from service subject to any return-to-service provisions of any 21 tariff, and that the facility also is ineligible to participate in the 22 markets operated by the BSO. The date of submission of a local govern- 23 ment entity's application for assistance shall establish the order in 24 which assistance is paid to program applicants, except that in no event 25 shall assistance be paid to a local government entity until such time 26 that an electric generating facility has retired or become ineligible to 27 participate in the markets operated by the BSO. For purposes of this 28 section, any local government entity seeking assistance under the elec- 29 tric generation facility cessation mitigation fund must submit an attes- 30 tation to the department of public service that a facility is no longer 31 producing electricity and is no longer participating in markets operated 32 by the BSO. After receipt of such attestation, the department of public 33 service shall confirm such information with the BSO. In the case that 34 the BSO confirms to the department of public service that the facility 35 is no longer producing electricity and participating in markets operated 36 by such BSO, it shall be deemed that the electric generating facility 37 located within the local government entity has ceased operation. The 38 department of public service shall provide such confirmation to the 39 urban development corporation upon receipt. The determination of the 40 amount of such annual payment shall be determined by the president of 41 the urban development corporation based on the amount of the differen- 42 tial between the annual real property taxes and payments in lieu of 43 taxes imposed upon the facility, exclusive of interest and penalties, 44 during the last year of operations and the current real property taxes 45 and payments in lieu of taxes imposed upon the facility, exclusive of 46 interest and penalties. The total amount awarded from this program shall 47 not exceed [$69,000,000] $140,000,000. 48 § 2. This act shall take effect immediately; provided, however, that 49 the amendments to section 1 of subpart H of part C of chapter 20 of the 50 laws of 2015 made by section one of this act shall not affect the repeal 51 of such subpart and shall be deemed repealed therewith. 52 PART OOS. 2508 109 A. 3008 1 Section 1. Section 5 of chapter 108 of the laws of 2020, amending the 2 public service law relating to issuing a moratorium on utility termi- 3 nation of services during periods of pandemics and/or state of emergen- 4 cies, as amended by section 2 of part B of chapter 126 of the laws of 5 2020, is amended to read as follows: 6 § 5. This act shall take effect immediately [and shall expire March731, 2021 when upon such date the provisions of this act shall be deemed8repealed]. 9 § 2. Subdivisions 6, 7, 8 and 9 of section 32 of the public service 10 law, subdivision 6 as amended and subdivisions 7, 8 and 9 as added by 11 chapter 108 of the laws of 2020, are amended to read as follows: 12 6. No utility corporation or municipality shall terminate or discon- 13 nect services to any residential customer or a small business customer 14 with twenty-five or fewer employees that is not a (i) publicly held 15 company, or a subsidiary thereof, (ii) seasonal, short-term, or tempo- 16 rary customer, (iii) high energy customer as defined by the commission, 17 or (iv) customer that the utility can demonstrate has the resources to 18 pay the bill, provided that the utility notifies the small business 19 customer of its reasons and of the customer's right to contest this 20 determination through the commission's complaint procedures, for the 21 non-payment of an overdue charge for the duration of [the] a state 22 disaster emergency declared pursuant to section twenty-eight of the 23 executive [order two hundred two of two thousand twenty (herein after24"the COVID-19 state of emergency")] law issued in response to a state, 25 national, or global event that is deemed to have a significant negative 26 and long-term impact on the state's economic future, and not due to a 27 short-term weather-related disaster emergency. 28 Utility corporations and municipalities shall have a duty to restore 29 service, to the extent not already required under this chapter, to any 30 residential customer within forty-eight hours if such service has been 31 terminated for non-payment during the pendency of the [COVID-19] state 32 [of] disaster emergency. 33 7. [For a period of one hundred eighty days after the COVID-19 state34of emergency is lifted or expires, no] No utility corporation or munici- 35 pality shall terminate or disconnect the service of a residential or 36 small business customer because of defaulted deferred payment agreements 37 or arrears owed to the utility corporation or municipality when such 38 customer has experienced a change in financial circumstances as defined 39 by the department due to [the COVID-19] a state [of] disaster emergen- 40 cy[, as defined by the department] as set forth in subdivision six of 41 this section. The utility corporation or municipality shall provide such 42 residential or small business customer with the right to enter into, or 43 restructure, a deferred payment agreement without the requirement of a 44 down payment, late fees, or penalties, as such is provided for in this 45 article with such prohibition on down payments, late fees, or penalties 46 applicable to all arrears incurred during the duration of the state 47 disaster emergency. 48 8. Every utility corporation or municipality shall provide notice to 49 residential and small business customers, in a writing to be included 50 with a bill statement or, when appropriate, via electronic transmission 51 the provisions of this section and shall further make reasonable efforts 52 to contact customers who have demonstrated a change in financial circum- 53 stances due to [the COVID-19] a state [of] disaster emergency as set 54 forth in subdivision six of this section for the purpose of offering 55 such customers a deferred payment agreement consistent with the 56 provisions of this article.S. 2508 110 A. 3008 1 9. Implementation of the provisions of this section shall not prohibit 2 a utility or municipality from recovering lost or deferred revenues 3 after the lifting or expiration of [the COVID-19] a state [of] disaster 4 emergency as set forth in subdivision six of this section, pursuant to 5 such means for recovery as are provided for in this chapter, and by 6 means not inconsistent with any of the provisions of this article. Noth- 7 ing in this section shall prohibit a utility corporation or municipality 8 from disconnecting service necessary to protect the health and safety of 9 customers and the public. 10 § 3. Subdivision 6 of section 32 of the public service law, as added 11 by chapter 686 of the laws of 2002, is REPEALED. 12 § 4. Subdivisions 9, 10 and 11 of section 89-b of the public service 13 law, as added by chapter 108 of the laws of 2020, are amended to read as 14 follows: 15 9. [For a period of one hundred eighty days after the COVID-19 state16of emergency is lifted or expires, no] No water-works corporation shall 17 terminate or disconnect the service of a residential customer account or 18 the account of a small business customer with twenty-five or fewer 19 employees that is not a (i) publicly held company, or a subsidiary ther- 20 eof, (ii) seasonal, short-term, or temporary customer, (iii) high usage 21 customer as defined by the commission, or (iv) customer that the utility 22 can demonstrate has the resources to pay the bill, provided that the 23 utility notifies the small business customer of its reasons and of the 24 customer's right to contest this determination through the commission's 25 complaint procedures, because of defaulted deferred payment agreements 26 or arrears owed to the water-works corporation when such customer has 27 experienced a change in financial circumstances, as defined by the 28 department, due to [the COVID-19] a state [of] disaster emergency[, as29defined by the department] declared pursuant to section twenty-eight of 30 the executive law issued in response to a state, national, or global 31 event that is deemed to have a significant negative and long-term impact 32 on the state's economic future. The water-works corporation shall 33 provide such residential or small business customer with the right to 34 enter into, or restructure, a deferred payment agreement without the 35 requirement of a down payment, late fees, or penalties, as such is 36 provided for in article two of this chapter with such prohibition on 37 down payments, late fees, or penalties applicable to all arrears 38 incurred during the duration of the state disaster emergency. 39 10. Every water-works corporation or small business shall provide 40 notice to residential customers, in a writing to be included with a bill 41 statement or, when appropriate, via electronic transmission, the 42 provisions of this section and shall further make reasonable efforts to 43 contact customers who have demonstrated a change in financial circum- 44 stances due to [the COVID-19] a state [of] disaster emergency as set 45 forth in subdivision nine of this section for the purpose of offering 46 such customers a deferred payment agreement consistent with the 47 provisions of this section and article two of this chapter. 48 11. Implementation of the provisions of this section shall not prohib- 49 it a water-works corporation from recovering lost or deferred revenues 50 after the lifting or expiration of the [COVID-19] state [of] disaster 51 emergency as set forth in subdivision nine of this section, pursuant to 52 such means for recovery as are provided for in this chapter, and by 53 means not inconsistent with any of the provisions of this article. Noth- 54 ing in this section shall prohibit a water-works corporation from 55 disconnecting service when it is necessary to protect the health and 56 safety of customers and the public.S. 2508 111 A. 3008 1 § 5. Section 89-l of the public service law, as added by chapter 715 2 of the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter 108 3 of the laws of 2020, is amended to read as follows: 4 § 89-l. Municipal water systems. 1. For the purposes of this section, 5 and for the purposes of any jurisdiction conferred by it upon the public 6 service commission, a municipality is one which owns, maintains or oper- 7 ates, or proposes to own, maintain or operate, a water system, or which 8 sells, furnishes or distributes, or proposes to sell, furnish or 9 distribute, water for domestic, commercial or public uses, whether 10 provided by its own system or the system of a water-works corporation or 11 another municipality. As so limited, the term "municipality" for the 12 purposes of this section, means a city, town, village or public 13 district; and a "public district," as here used, is a district or other 14 territorial division, whether incorporated or not, whose affairs are 15 managed by any officer or officers, person or persons, elected by voters 16 or taxpayers or appointed by a public officer or officers, and includes, 17 without excluding others, a water district, water supply district and a 18 fire district. The other provisions of this chapter shall not apply to 19 such a municipality, nor to its said business of owning, maintaining or 20 operating a water system or of selling, furnishing or distributing 21 water, except such provisions as are applied by this section by express 22 reference. The jurisdiction of the public service commission, with 23 respect to such a municipality or its said business, is that, and only 24 that, provided for in this section. 25 2. Each such municipality shall file with the public service commis- 26 sion a copy of the annual report of its division, bureau or department 27 of water. 28 3. No municipality shall terminate or discontinue residential service 29 or service to a small business with twenty-five or fewer employees that 30 is not a (i) publicly held company, or a subsidiary thereof, (ii) 31 seasonal, short-term, or temporary customer, (iii) high usage customer 32 as defined by the commission, or (iv) customer that the utility can 33 demonstrate has the resources to pay the bill, provided that the utility 34 notifies the small business customer of its reasons and of the custom- 35 er's right to contest this determination through the commission's 36 complaint procedures, for the nonpayment of bills, taxes, or fees for 37 the duration of [the] a state disaster emergency declared pursuant to 38 [executive order two hundred two of two thousand twenty (hereinafter the39"COVID-19 state of emergency")] section twenty-eight of the executive 40 law in response to a state, national, or global event that is deemed to 41 have a significant negative and long-term impact on the state's economic 42 future. Every municipality shall have a duty to restore service to any 43 residential customer within forty-eight hours of the effective date of 44 this subdivision if such service has been terminated for non-payment 45 during the pendency of [the COVID-19] a state [of] disaster emergency. 46 4. [For a period of one hundred eighty days after the COVID-19 state47of emergency is lifted or expires, no] No municipality shall terminate 48 or discontinue the service of a residential or small business customer 49 because of bill arrears, taxes, or fees owed to the municipality when 50 such customer has experienced a change in financial circumstances, as 51 defined by the department, due to [the COVID-19] a state [of] disaster 52 emergency[, as defined by the department] as set forth in subdivision 53 three of this section. The municipality shall provide a residential or 54 small business service customer that has experienced a change in finan- 55 cial circumstances due to the [COVID-19] state [of] disaster emergency 56 with the right to enter into, or restructure, a deferred payment agree-S. 2508 112 A. 3008 1 ment without the requirement of a down payment, late fees, or penalties, 2 as such is provided for in article two of this chapter, with such prohi- 3 bition on down payments, late fees, or penalties applicable to all 4 arrears incurred during the duration of the state disaster emergency. 5 5. Every municipality shall provide notice to residential and small 6 business customers in a writing to be included with a bill statement or, 7 when appropriate, via electronic transmission the provisions of this 8 section and shall further make reasonable efforts to contact customers 9 who have demonstrated a change in financial circumstances due to the 10 [COVID-19] state [of] disaster emergency as set forth in subdivision 11 three of this section for the purpose of offering such customers a 12 deferred payment agreement consistent with the provisions of this 13 section and article two of this chapter. 14 6. Implementation of the provisions of this section shall not prohibit 15 a municipality from recovering lost or deferred revenues after the lift- 16 ing or expiry of [the COVID-19] a state [of] disaster emergency, 17 provided that such means are not inconsistent with the provisions of 18 this article. Nothing in this section shall prohibit a municipality from 19 disconnecting service when it is necessary to protect the health and 20 safety of customers and the public. 21 7. Notwithstanding the provisions of subdivision one of this section, 22 for the purposes of subdivisions three, four, five and six of this 23 section, a "municipality" shall also include a public water authority 24 established pursuant to article five of the public authorities law. 25 Every municipality shall be subject to the jurisdiction of the commis- 26 sion for the purposes of enforcing the provisions of subdivisions three, 27 four, five and six of this section pursuant to sections twenty-four, 28 twenty-five and twenty-six of this chapter. 29 § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service 30 law, subdivisions 9, 10 and 12 as amended by section 1 of part B of 31 chapter 126 of the laws of 2020, subdivision 11 as added by chapter 108 32 of the laws of 2020, are amended to read as follows: 33 9. No telephone corporation shall terminate or disconnect any services 34 provided by its infrastructure to a residential service customer or a 35 small business customer with twenty-five or fewer employees that is not 36 a (i) publicly held company, or a subsidiary thereof, (ii) seasonal, 37 short-term, or temporary customer, (iii) high usage customer as defined 38 by the commission, or (iv) customer that the utility can demonstrate 39 has the resources to pay the bill, provided that the utility notifies 40 the small business customer of its reasons and of the customer's right 41 to contest this determination through the commission's complaint proce- 42 dures, for the non-payment of an overdue charge for the duration of 43 [the] a state disaster emergency declared pursuant to section twenty- 44 eight of the executive [order two hundred two of two thousand twenty45(hereinafter "the COVID-19 state of emergency")] law in response to a 46 state, national or global event that is deemed to have a significant 47 negative and long-term impact on the state's economic future. Telephone 48 corporations shall have a duty to restore service, to the extent not 49 already required under this chapter, at the request of any residential 50 or small business customer within forty-eight hours if such service has 51 been terminated during the pendency of the [COVID-19] state [of] disas- 52 ter emergency and disconnection of such service was due to non-payment 53 of an overdue charge. 54 10. [For a period of one hundred eighty days after the COVID-19 state55of emergency is lifted or expires, no] No telephone corporation shall 56 terminate or disconnect [the service] any services provided by itsS. 2508 113 A. 3008 1 infrastructure of a residential or small business customer account 2 because of defaulted deferred payment agreements or arrears then owed to 3 the telephone corporation when such customer has experienced a change in 4 financial circumstances as defined by the department, due to [the5COVID-19] a state [of] disaster emergency[, as defined by the depart-6ment] as set forth in subdivision nine of this section. The telephone 7 corporation shall provide such residential or small business customer 8 with the right to enter into, or restructure, a deferred payment agree- 9 ment without the requirement of a down payment, late fees, or penalties, 10 with such prohibition on down payments, late fees, or penalties applica- 11 ble to all arrears incurred during the duration of the state disaster 12 emergency. 13 11. Every telephone corporation shall provide notice to residential 14 customers, and to those small business customers set forth in subdivi- 15 sion nine of this section, in a writing to be included with a bill 16 statement or, when appropriate, via electronic transmission the 17 provisions of this section and shall further make reasonable efforts to 18 contact customers who have demonstrated a change in financial circum- 19 stances due to [the COVID-19] a state [of] disaster emergency as set 20 forth in subdivision nine of this section for the purpose of offering 21 such customers a deferred payment agreement consistent with the 22 provisions of this section and article two of this chapter. 23 12. Implementation of the provisions of this section shall not prohib- 24 it a telephone corporation from recovering lost or deferred revenues 25 after the lifting or expiration of [the COVID-19] a state [of] disaster 26 emergency as set forth in subdivision nine of this section, pursuant to 27 such means for recovery as are provided for in this chapter, and by 28 means not inconsistent with any of the provisions of this article. Noth- 29 ing in this section shall prohibit a telephone corporation from discon- 30 necting service at the request of a customer. Nothing in this section 31 shall prohibit a telephone corporation from disconnecting service when 32 it is necessary to protect the health and safety of customers and the 33 public. 34 § 7. Section 216 of the public service law is amended by adding five 35 new subdivisions 6, 7, 8, 9 and 10 to read as follows: 36 6. No cable television company shall terminate or disconnect services 37 provided over their infrastructure to a residential service customer or 38 a small business customer with twenty-five or fewer employees that is 39 not a (i) publicly held company, or a subsidiary thereof, (ii) seasonal, 40 short-term, or temporary customer, or (iii) customer that the cable 41 television company can demonstrate has the resources to pay the bill, 42 provided that the cable television company notifies the small business 43 customer of its reasons and of the customer's right to contest this 44 determination through the commission's complaint procedures, for the 45 non-payment of an overdue charge for the duration of a state disaster 46 emergency declared pursuant to an executive order issued in response to 47 a state, national, or global event that is deemed to result in a signif- 48 icant negative and long-term impact on the state's economic future. 49 Cable television companies shall have a duty to restore service, to the 50 extent not already required under this chapter, at the request of any 51 residential or small business customer within forty-eight hours if such 52 service has been terminated during the pendency of the state disaster 53 emergency and disconnection of such service was due to non-payment of an 54 overdue charge. 55 7. No cable television company shall terminate or disconnect services 56 provided over their infrastructure of a residential or small businessS. 2508 114 A. 3008 1 customer account because of defaulted deferred payment agreements or 2 arrears then owed to the cable television company when such customer has 3 experienced a change in financial circumstances, as defined by the 4 department, due to a state disaster emergency as set forth in subdivi- 5 sion six of this section. The cable television company shall provide 6 such residential or small business customer with the right to enter 7 into, or restructure, a deferred payment agreement without the require- 8 ment of a down payment, late fees, or penalties, with such prohibition 9 on down payments, late fees, or penalties applicable to all arrears 10 incurred during the duration of the state disaster emergency. 11 8. Every cable television company shall provide notice to residential 12 or small business customers in a writing to be included with a bill 13 statement or, when appropriate, via electronic transmission the 14 provisions of this section and shall further make reasonable efforts to 15 contact customers who have demonstrated a change in financial circum- 16 stances due to a state disaster emergency as set forth in subdivision 17 six of this section for the purpose of offering such customers a 18 deferred payment agreement consistent with the provisions of this 19 section and article two of this chapter. 20 9. Implementation of the provisions of this section shall not prohibit 21 a cable television company from recovering lost or deferred revenues 22 after the lifting or expiration of a state disaster emergency as set 23 forth in subdivision six of this section, pursuant to such means for 24 recovery as are provided for in this chapter, and by means not incon- 25 sistent with any of the provisions of this article. Nothing in this 26 section shall prohibit a cable television company from disconnecting 27 service at the request of a customer. Nothing in this section shall 28 prohibit a cable television company from disconnecting service when it 29 is necessary to protect the health and safety of customers and the 30 public. 31 10. Every cable television company shall be subject to the jurisdic- 32 tion of the commission for the purposes of enforcing the provisions of 33 subdivisions six, seven, eight and nine of this section pursuant to 34 sections twenty-four, twenty-five and twenty-six of this chapter, and 35 any other applicable provision of this chapter. 36 § 8. Subdivision 1 of section 1020-s of the public authorities law, as 37 amended by chapter 415 of the laws of 2017, is amended to read as 38 follows: 39 1. The rates, services and practices relating to the electricity 40 generated by facilities owned or operated by the authority shall not be 41 subject to the provisions of the public service law or to regulation by, 42 or the jurisdiction of, the public service commission, except to the 43 extent (a) article seven of the public service law applies to the siting 44 and operation of a major utility transmission facility as defined there- 45 in, (b) article ten of such law applies to the siting of a generating 46 facility as defined therein, (c) section eighteen-a of such law provides 47 for assessment for certain costs, property or operations, (d) to the 48 extent that the department of public service reviews and makes recommen- 49 dations with respect to the operations and provision of services of, and 50 rates and budgets established by, the authority pursuant to section 51 three-b of such law, [and] (e) that section seventy-four of the public 52 service law applies to qualified energy storage systems within the 53 authority's jurisdiction, and (f) subdivisions six, seven, eight, nine 54 and ten of section thirty-two of the public service law. 55 § 9. The general business law is amended by adding a new section 399- 56 zzzzz, to read as follows:S. 2508 115 A. 3008 1 § 399-zzzzz. Prohibition of certain broadband terminations or discon- 2 nections. 1. For the purposes of this section, the term "broadband 3 service" shall mean a mass-market retail service that provides the capa- 4 bility to transmit data to and receive data from all or substantially 5 all internet endpoints, including any capabilities that are incidental 6 to and enable the operation of the communications service, and shall 7 include service provided by commercial mobile telephone service provid- 8 ers, but shall not include dial-up service. 9 2. No person, business, corporation, or their agents providing or 10 seeking to provide broadband service in New York state shall terminate 11 or disconnect services provided over their infrastructure to a residen- 12 tial service customer or a small business customer with twenty-five or 13 fewer employees that is not a (i) publicly held company, or a subsidiary 14 thereof, (ii) seasonal, short-term, or temporary customer, or (iii) 15 customer that the broadband service provider can demonstrate has the 16 resources to pay the bill, provided that the broadband service provider 17 notifies the small business customer of its reasons and of the custom- 18 er's right to contest this determination through the commission's 19 complaint procedures, for the non-payment of an overdue charge for the 20 duration of a state disaster emergency declared pursuant to section 21 twenty-eight of the executive law in response to a state, national, or 22 global event that is deemed to result in a significant negative and 23 long-term impact on the state's economic future. Such persons or enti- 24 ties shall have a duty to restore service, to the extent not already 25 required, at the request of any residential or small business customer 26 within forty-eight hours if such service has been terminated during the 27 pendency of the state disaster emergency and disconnection of such 28 service was due to non-payment of an overdue charge. 29 3. No person, business, corporation, or their agents providing or 30 seeking to provide broadband service in New York state shall terminate 31 or disconnect services provided over their infrastructure to a residen- 32 tial or small business customer account because of defaulted deferred 33 payment agreements or arrears then owed to such persons or entities when 34 such customer has experienced a change in financial circumstances due to 35 a state disaster emergency as set forth in subdivision two of this 36 section. The person, business, corporation, or their agents providing or 37 seeking to provide broadband service in New York state shall provide 38 such residential or small business customer with the right to enter 39 into, or restructure, a deferred payment agreement consistent with the 40 provisions of article two of the public service law without the require- 41 ment of a down payment, late fees, or penalties, with such prohibition 42 on down payments, late fees, or penalties applicable to all arrears 43 incurred during the duration of the state disaster emergency. 44 4. Every person, business, corporation, or their agents providing or 45 seeking to provide broadband service in New York state shall provide 46 notice to residential or small business customers in a writing to be 47 included with a bill statement or, when appropriate, via electronic 48 transmission the provisions of this section and shall further make 49 reasonable efforts to contact customers who have demonstrated a change 50 in financial circumstances due to a state disaster emergency as set 51 forth in subdivision two of this section for the purpose of offering 52 such customers a deferred payment agreement consistent with the 53 provisions of article two of the public service law. 54 5. Implementation of the provisions of this section shall not prohibit 55 a person, business, corporation, or their agents providing or seeking to 56 provide broadband service in New York state from recovering lost orS. 2508 116 A. 3008 1 deferred revenues after the lifting or expiration of a state disaster 2 emergency as set forth in subdivision two of this section, pursuant to 3 such means for recovery by means not inconsistent with any of the 4 provisions of this section. Nothing in this section shall prohibit a 5 person, business, corporation, or their agents providing or seeking to 6 provide broadband service in New York state from disconnecting service 7 at the request of a customer. Nothing in this section shall prohibit a 8 person, business, corporation, or their agents providing or seeking to 9 provide broadband service in New York state from disconnecting service 10 when it is necessary to protect the health and safety of customers and 11 the public. 12 6. Whenever there shall be a violation of this section, an application 13 may be made by the attorney general in the name of the people of the 14 state of New York to a court or justice having jurisdiction by a special 15 proceeding to issue an injunction, and upon notice to the defendant of 16 not less than five days, to enjoin and restrain the continuance of such 17 violation; and if it shall appear to the satisfaction of the court or 18 justice that the defendant has, in fact, violated this section, an 19 injunction may be issued by the court or justice, enjoining and 20 restraining any further violations, without requiring proof that any 21 person has, in fact, been injured or damaged thereby. In any such 22 proceeding, the court may make allowances to the attorney general as 23 provided in paragraph six of subdivision (a) of section eighty-three 24 hundred three of the civil practice law and rules, and direct restitu- 25 tion. Whenever the court shall determine that a violation of this 26 section has occurred, the court may impose a civil penalty of not more 27 than one thousand dollars per violation. In connection with any such 28 proposed application, the attorney general is authorized to take proof 29 and make a determination of the relevant facts and to issue subpoenas in 30 accordance with the civil practice law and rules. 31 § 10. This act shall take effect immediately; provided, however, that 32 this act shall be applicable to relevant executive orders issued on or 33 after the effective date of this act. 34 PART PP 35 Section 1. The general obligations law is amended by adding a new 36 article 18-C to read as follows: 37 ARTICLE 18-C 38 LIBOR DISCONTINUANCE 39 Section 18-400. Definitions. 40 18-401. Effect of LIBOR discontinuance on agreements. 41 18-402. Continuity of contract and safe harbor. 42 18-403. Severability. 43 § 18-400. Definitions. As used in this article the following terms 44 shall have the following meanings: 45 1. "LIBOR" shall mean, for purposes of the application of this article 46 to any particular contract, security or instrument, U.S. dollar LIBOR 47 (formerly known as the London interbank offered rate) as administered by 48 ICE Benchmark Administration Limited (or any successor thereof). 49 2. "LIBOR discontinuance event" shall mean the earliest to occur of 50 any of the following: 51 a. a public statement or publication of information by or on behalf of 52 the administrator of LIBOR announcing that such administrator has ceased 53 or will cease to provide LIBOR, permanently or indefinitely, providedS. 2508 117 A. 3008 1 that, at the time of the statement or publication, there is no successor 2 administrator that will continue to provide LIBOR; 3 b. a public statement or publication of information by the regulatory 4 supervisor for the administrator of LIBOR, the United States Federal 5 Reserve System, an insolvency official with jurisdiction over the admin- 6 istrator for LIBOR, a resolution authority with jurisdiction over the 7 administrator for LIBOR or a court or an entity with similar insolvency 8 or resolution authority over the administrator for LIBOR, which states 9 that the administrator of LIBOR has ceased or will cease to provide 10 LIBOR permanently or indefinitely, provided that, at the time of the 11 statement or publication, there is no successor administrator that will 12 continue to provide LIBOR; or 13 c. a public statement or publication of information by the regulatory 14 supervisor for the administrator of LIBOR announcing that LIBOR is no 15 longer representative. 16 3. "LIBOR replacement date" shall mean: 17 a. in the case of a LIBOR discontinuance event described in paragraph 18 a or b of subdivision two of this section, the later of (i) the date of 19 the public statement or publication of information referenced therein; 20 and (ii) the date on which the administrator of LIBOR permanently or 21 indefinitely ceases to provide LIBOR; and 22 b. in the case of a LIBOR discontinuance event described in paragraph 23 c of subdivision two of this section, the date of the public statement 24 or publication of information referenced therein. 25 4. "Fallback provisions" shall mean terms in a contract, security or 26 instrument that set forth a methodology or procedure for determining a 27 benchmark replacement, including any terms relating to the date on which 28 the benchmark replacement becomes effective, without regard to whether a 29 benchmark replacement can be determined in accordance with such method- 30 ology or procedure. 31 5. "Benchmark" shall mean an index of interest rates or dividend rates 32 that is used, in whole or in part, as the basis of or as a reference for 33 calculating or determining any valuation, payment or other measurement 34 under or in respect of a contract, security or instrument. 35 6. "Benchmark replacement" shall mean a benchmark, or an interest rate 36 or dividend rate (which may or may not be based in whole or in part on a 37 prior setting of LIBOR), to replace or substitute for LIBOR or any 38 interest rate or dividend rate based on LIBOR, whether on a temporary, 39 permanent or indefinite basis, under or in respect of a contract, secu- 40 rity or instrument. 41 7. "Recommended benchmark replacement" shall mean, with respect to any 42 particular type of contract, security or instrument, a benchmark 43 replacement based on SOFR, which shall include any recommended spread 44 adjustment and any benchmark replacement conforming changes, that shall 45 have been selected or recommended by a relevant recommending body with 46 respect to such type of contract, security or instrument. 47 8. "Recommended spread adjustment" shall mean a spread adjustment, or 48 method for calculating or determining such spread adjustment, (which may 49 be a positive or negative value or zero) that shall have been selected 50 or recommended by a relevant recommending body for a recommended bench- 51 mark replacement for a particular type of contract, security or instru- 52 ment and for a particular term to account for the effects of the transi- 53 tion or change from LIBOR to a recommended benchmark replacement. 54 9. "Benchmark replacement conforming changes" shall mean, with respect 55 to any contract, security or instrument, any technical, administrative 56 or operational changes, alterations or modifications that are associatedS. 2508 118 A. 3008 1 with and reasonably necessary to the use, adoption, calculation or 2 implementation of a recommended benchmark replacement and that: 3 a. have been selected or recommended by a relevant recommending body; 4 and 5 b. if, in the reasonable judgment of the calculating person, the 6 benchmark replacement conforming changes selected or recommended pursu- 7 ant to paragraph a of this subdivision do not apply to such contract, 8 security or instrument or are insufficient to permit administration and 9 calculation of the recommended benchmark replacement, then benchmark 10 replacement conforming changes shall include such other changes, alter- 11 ations or modifications that, in the reasonable judgment of the calcu- 12 lating person: 13 (i) are necessary to permit administration and calculation of the 14 recommended benchmark replacement under or in respect of such contract, 15 security or instrument in a manner consistent with market practice for 16 substantially similar contracts, securities or instruments and, to the 17 extent practicable, the manner in which such contract, security or 18 instrument was administered immediately prior to the LIBOR replacement 19 date; and 20 (ii) would not result in a disposition of such contract, security or 21 instrument for U.S. federal income tax purposes. 22 10. "Determining person" shall mean, with respect to any contract, 23 security or instrument, in the following order of priority: 24 a. any person specified as a "determining person"; or 25 b. any person with the authority, right or obligation to: 26 (i) determine the benchmark replacement that will take effect on the 27 LIBOR replacement date, 28 (ii) calculate or determine a valuation, payment or other measurement 29 based on a benchmark, or 30 (iii) notify other persons of the occurrence of a LIBOR discontinuance 31 event, a LIBOR replacement date or a benchmark replacement. 32 11. "Relevant recommending body" shall mean the Federal Reserve Board, 33 the Federal Reserve Bank of New York, or the Alternative Reference Rates 34 Committee, or any successor to any of them. 35 12. "SOFR" shall mean, with respect to any day, the secured overnight 36 financing rate published for such day by the Federal Reserve Bank of New 37 York, as the administrator of the benchmark (or a successor administra- 38 tor), on the Federal Reserve Bank of New York's website. 39 13. "Calculating person" shall mean, with respect to any contract, 40 security or instrument, any person (which may be a determining person) 41 responsible for calculating or determining any valuation, payment or 42 other measurement based on a benchmark. 43 14. "Contract, security, or instrument" shall include, without limita- 44 tion, any contract, agreement, mortgage, deed of trust, lease, security 45 (whether representing debt or equity, and including any interest in a 46 corporation, a partnership or a limited liability company), instrument, 47 or other obligation. 48 § 18-401. Effect of LIBOR discontinuance on agreements. 1. On the 49 LIBOR replacement date, the recommended benchmark replacement shall, by 50 operation of law, be the benchmark replacement for any contract, securi- 51 ty or instrument that uses LIBOR as a benchmark and: 52 a. contains no fallback provisions; or 53 b. contains fallback provisions that result in a benchmark replace- 54 ment, other than a recommended benchmark replacement, that is based in 55 any way on any LIBOR value.S. 2508 119 A. 3008 1 2. Following the occurrence of a LIBOR discontinuance event, any fall- 2 back provisions in a contract, security, or instrument that provide for 3 a benchmark replacement based on or otherwise involving a poll, survey 4 or inquiries for quotes or information concerning interbank lending 5 rates or any interest rate or dividend rate based on LIBOR shall be 6 disregarded as if not included in such contract, security or instrument 7 and shall be deemed null and void and without any force or effect. 8 3. This subdivision shall apply to any contract, security, or instru- 9 ment that uses LIBOR as a benchmark and contains fallback provisions 10 that permit or require the selection of a benchmark replacement: 11 a. that is based in any way on any LIBOR value; or 12 b. with the characteristics for which the recommended benchmark 13 replacement may be selected or used in accordance with subdivision one 14 of section 18-402 of this article. 15 A determining person shall have the authority under this article, but 16 shall not be required, to select on or after the occurrence of a LIBOR 17 discontinuance event the recommended benchmark replacement as the bench- 18 mark replacement. Such selection of the recommended benchmark replace- 19 ment shall be: 20 (i) irrevocable; 21 (ii) made by the earlier of either the LIBOR replacement date, or the 22 latest date for selecting a benchmark replacement according to such 23 contract, security, or instrument; and 24 (iii) used in any determinations of the benchmark under or with 25 respect to such contract, security or instrument occurring on and after 26 the LIBOR replacement date. 27 4. If a recommended benchmark replacement becomes the benchmark 28 replacement for any contract, security, or instrument pursuant to subdi- 29 vision one or subdivision three of this section, then all benchmark 30 replacement conforming changes that are applicable (in accordance with 31 the definition of benchmark replacement conforming changes) to such 32 recommended benchmark replacement shall become an integral part of such 33 contract, security, or instrument by operation of law. 34 5. The provisions of this article shall not alter or impair: 35 a. any written agreement by all requisite parties that, retrospective- 36 ly or prospectively, a contract, security, or instrument shall not be 37 subject to this article without necessarily referring specifically to 38 this article. For purposes of this subdivision, "requisite parties" 39 means all parties required to amend the terms and provisions of a 40 contract, security, or instrument that would otherwise be altered or 41 affected by this article; 42 b. any contract, security or instrument that contains fallback 43 provisions that, after the application of subdivision two of this 44 section would result in a benchmark replacement that is not based on 45 LIBOR, including, but not limited to, the prime rate or the federal 46 funds rate; 47 c. any contract, security, or instrument subject to subdivision three 48 of this section as to which a determining person does not elect to use a 49 recommended benchmark replacement pursuant to subdivision three of this 50 section or as to which a determining person elects to use a recommended 51 benchmark replacement prior to the occurrence of a LIBOR discontinuance 52 event, except that such contract, security, or instrument shall be 53 subject to subdivision two of this section; or 54 d. the application to a recommended benchmark replacement of any cap, 55 floor, modifier, or spread adjustment to which LIBOR had been subject 56 pursuant to the terms of a contract, security, or instrument.S. 2508 120 A. 3008 1 6. Notwithstanding the uniform commercial code or any other law of 2 this state, this title shall apply to all contracts, securities and 3 instruments, including contracts, with respect to commercial trans- 4 actions, and shall not be deemed to be displaced by any other law of 5 this state. 6 § 18-402. Continuity of contract and safe harbor. 1. The selection or 7 use of a recommended benchmark replacement as a benchmark replacement 8 under or in respect of a contract, security or instrument by operation 9 of section 18-401 of this section shall constitute: 10 a. a commercially reasonable substitute for and a commercially 11 substantial equivalent to LIBOR; 12 b. a reasonable, comparable or analogous term for LIBOR under or in 13 respect of such contract, security or instrument; 14 c. a replacement that is based on a methodology or information that is 15 similar or comparable to LIBOR; and 16 d. substantial performance by any person of any right or obligation 17 under or in respect of a contract, security or instrument. 18 2. None of: a. a LIBOR discontinuance event or a LIBOR replacement 19 date, b. the use of a recommended benchmark replacement as a benchmark 20 replacement; or c. the determination, implementation or performance of 21 benchmark replacement conforming changes, in each case, by operation of 22 section 18-401 of this article, shall: 23 (i) be deemed to impair or affect the right of any person to receive a 24 payment, or affect the amount or timing of such payment, under any 25 contract, security, or instrument; or 26 (ii) have the effect of (A) discharging or excusing performance under 27 any contract, security or instrument for any reason, claim or defense, 28 including, but not limited to, any force majeure or other provision in 29 any contract, security or instrument; (B) giving any person the right to 30 unilaterally terminate or suspend performance under any contract, secu- 31 rity or instrument; (C) constituting a breach of a contract, security or 32 instrument; or (D) voiding or nullifying any contract, security or 33 instrument. 34 3. No person shall have any liability for damages to any person or be 35 subject to any claim or request for equitable relief arising out of or 36 related to the use of a recommended benchmark replacement or the deter- 37 mination, implementation or performance of benchmark replacement 38 conforming changes, in each case, by operation of section 18-401 of this 39 article, and such selection or use of the recommended benchmark replace- 40 ment or the implementation or performance of benchmark replacement 41 conforming changes shall not give rise to any claim or cause of action 42 by any person in law or in equity. 43 4. The selection or use of a recommended benchmark replacement or the 44 determination, implementation, or performance of benchmark replacement 45 conforming changes, in each case, by operation of section 18-401 of this 46 article, shall be deemed to: 47 a. not be an amendment or modification of any contract, security or 48 instrument; and 49 b. not prejudice, impair or affect any person's rights or obligations 50 under or in respect of any contract, security or instrument. 51 5. Except as provided in either subdivision one or subdivision two of 52 section 18-401 of this article, the provisions of this article shall not 53 be interpreted as creating any negative inference or negative presump- 54 tion regarding the validity or enforceability of any of the following if 55 agreed to by the parties to a contract:S. 2508 121 A. 3008 1 a. any benchmark replacement that is not a recommended replacement 2 benchmark; 3 b. any spread adjustment, or method for calculating or determining a 4 spread adjustment, that is not a recommended spread adjustment; or 5 c. any changes, alterations or modifications to or in respect of a 6 contract, security or instrument that are not benchmark replacement 7 conforming changes. 8 § 18-403. Severability. If any provision of this article or applica- 9 tion thereof to any person or circumstance is held invalid, the invalid- 10 ity shall not affect other provisions or applications of this article 11 that can be given effect without the invalid provision or application, 12 and to this end the provisions of this article shall be severable. 13 § 2. This act shall take effect immediately. 14 PART QQ 15 Section 1. The general business law is amended by adding a new 16 section 399-zzzzz to read as follows: 17 § 399-zzzzz. Broadband service for low-income consumers. 1. For the 18 purposes of this section, the term "broadband service" shall mean a 19 mass-market retail service that provides the capability to transmit data 20 to and receive data from all or substantially all internet endpoints, 21 including any capabilities that are incidental to and enable the opera- 22 tion of the communications service, but shall not include dial-up 23 service. 24 2. Every person, business, corporation, or their agents providing or 25 seeking to provide broadband service in New York state shall, no later 26 than sixty days after the effective date of this section, offer high 27 speed broadband service to low-income consumers whose household: (a) is 28 eligible for free or reduced-priced lunch through the National School 29 Lunch Program; or (b) whose annual gross household income is not in 30 excess of one hundred eighty-five percent of the federal poverty guide- 31 lines as updated periodically in the Federal Register by the United 32 States Department of Health and Human Services under the authority of 42 33 U.S.C. § 9902(2). Such low-income broadband service shall provide a 34 minimum download speed equal to the greater of twenty-five megabits per 35 second download speed or the download speed of the provider's existing 36 low-income broadband service sold to customers in the state. 37 3. Broadband service for low-income consumers, as set forth in this 38 section, shall be provided at a cost of no more than fifteen dollars per 39 month, inclusive of any recurring taxes and fees such as recurring 40 rental fees for service provider equipment required to obtain broadband 41 service and usage fees. Broadband service providers shall allow low-in- 42 come broadband service subscribers to purchase standalone or bundled 43 cable and/or phone services separately. Broadband service providers may, 44 once every five years, and after thirty days' notice to its customers 45 and the department of public service, increase the price of this service 46 by the lesser of the most recent change in the consumer price index or a 47 maximum of two percent per year of the price for such service. 48 4. Every person, business, corporation, or their agents providing or 49 seeking to provide broadband service in New York state shall make all 50 commercially reasonable efforts to promote and advertise the availabili- 51 ty of broadband service for low-income consumers including, but not 52 limited to, the prominent display of, and enrollment procedures for, 53 such service on its website and in any written and commercial promo-S. 2508 122 A. 3008 1 tional materials developed to inform consumers who may be eligible for 2 service pursuant to this section. 3 5. Every person, business, corporation, or their agents providing or 4 seeking to provide broadband service in New York state shall annually 5 submit to the department of public service, no later than November 6 fifteenth after the effective date of this act, and annually thereafter, 7 a compliance report setting forth: (a) a description of the service 8 offered pursuant to this section; (b) the number of consumers enrolled 9 in such service; (c) a description of the procedures being used to veri- 10 fy the eligibility of customers receiving such service; (d) a 11 description and samples of the advertising or marketing efforts under- 12 taken to advertise or promote such service; (e) a description of all 13 retail rate products, including pricing, offered by such person, busi- 14 ness, corporation, or their agents; (f) a description, including speed 15 and price, of all broadband products offered in the state of New York; 16 and (g) such other information as the department of public service may 17 require. 18 6. The department of public service shall, within two years of the 19 effective date of this section and at least every five years thereafter, 20 undertake a proceeding to determine if the minimum broadband download 21 speed in this section should be increased to the federal communications 22 commission's benchmark broadband download speed, or to another minimum 23 broadband download speed if the federal communications commission has 24 not increased its benchmark by such date. The department of public 25 service shall also: (a) undertake appropriate measures to inform the 26 public about available broadband products, including retail rate product 27 offerings and low-income offerings; and (b) periodically, but no less 28 than once every five years, review eligibility requirements for the 29 low-income service required pursuant to this section, and update such 30 requirements as may be necessary to meet the needs of consumers. 31 7. Whenever there shall be a violation of this section, an application 32 may be made by the attorney general in the name of the people of the 33 state of New York to a court or justice having jurisdiction by a special 34 proceeding to issue an injunction, and upon notice to the defendant of 35 not less than five days, to enjoin and restrain the continuance of such 36 violation; and if it shall appear to the satisfaction of the court or 37 justice that the defendant has, in fact, violated this section, an 38 injunction may be issued by the court or justice, enjoining and 39 restraining any further violations, without requiring proof that any 40 person has, in fact, been injured or damaged thereby. In any such 41 proceeding, the court may make allowances to the attorney general as 42 provided in paragraph six of subdivision (a) of section eighty-three 43 hundred three of the civil practice law and rules, and direct restitu- 44 tion. Whenever the court shall determine that a violation of this 45 section has occurred, the court may impose a civil penalty of not more 46 than one thousand dollars per violation. In connection with any such 47 proposed application, the attorney general is authorized to take proof 48 and make a determination of the relevant facts and to issue subpoenas in 49 accordance with the civil practice law and rules. 50 § 2. This act shall take effect immediately. 51 PART RR 52 Section 1. Section 1678 of the public authorities law is amended by 53 adding a new subdivision 30 to read as follows:S. 2508 123 A. 3008 1 30. (a) To enter into loans with, and to provide services related to 2 planning, design, construction, renovation, reconstruction, furnishing 3 or equipping to, any school district, not-for-profit corporation or 4 group of not-for-profit corporations, for capital projects located in 5 New York state with an aggregate cost of not less than five million 6 dollars. 7 (b) To enter into loans with any school district or not-for-profit 8 corporation to fund their working capital needs, provided such loans 9 have been presented to the authority's board during the COVID-19 state 10 of emergency. 11 (c) For the purposes of this subdivision: 12 (i) "Not-for-profit corporation" shall mean a domestic or foreign 13 corporation as defined in section one hundred two of the not-for-profit 14 corporation law. 15 (ii) "School district" shall mean any school district located in the 16 state of New York. 17 (iii) "Working capital" shall mean funds used to pay operational 18 expenses, including but not limited to, salaries, accounts payable, 19 purchasing inventory and other operational obligations. 20 (iv) "COVID-19 state of emergency" shall mean the period in which 21 executive order two hundred two of two thousand twenty, as amended, is 22 in effect to address the outbreak of the novel coronavirus, COVID-19. 23 § 2. Nothing in this act is intended to limit, impair, or affect the 24 legal authority of the dormitory authority of the state of New York 25 under any other provision of law. 26 § 3. This act shall take effect immediately. 27 PART SS 28 Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of 29 chapter 392 of the laws of 1973 constituting the New York State Medical 30 Care Facilities Finance Agency act, as amended by chapter 183 of the 31 laws of 2018, is amended to read as follows: 32 (b) The agency shall not issue hospital and nursing home project bonds 33 and hospital and nursing home project notes in an aggregate principal 34 amount exceeding [sixteen] seventeen billion [six] four hundred million 35 dollars, excluding hospital and nursing home project bonds and hospital 36 and nursing home project notes issued to refund outstanding hospital and 37 nursing home projects bonds and hospital and nursing home project notes; 38 provided, however, that upon any such refunding or repayment the total 39 aggregate principal amount of outstanding bonds, notes or other obli- 40 gations may be greater than [sixteen] seventeen billion [six] four 41 hundred million dollars only if the present value of the aggregate debt 42 service of the refunding or repayment bonds, notes or other obligations 43 to be issued shall not exceed the present value of the aggregate debt 44 service of the bonds, notes or other obligations so to be refunded or 45 repaid. For purposes hereof, the present values of the aggregate debt 46 service of the refunding or repayment bonds, notes or other obligations 47 and of the aggregate debt service of the bonds, notes or other obli- 48 gations so refunded or repaid, shall be calculated by utilizing the 49 effective interest rate of the refunding or repayment bonds, notes or 50 other obligations, which shall be that rate arrived at by doubling the 51 semi-annual interest rate (compounded semi-annually) necessary to 52 discount the debt service payments on the refunding or repayment bonds, 53 notes or other obligations from the payment dates thereof to the date of 54 issue of the refunding or repayment bonds, notes or other obligationsS. 2508 124 A. 3008 1 and to the price bid including estimated accrued interest or proceeds 2 received by the agency including estimated accrued interest from the 3 sale thereof. The agency shall not issue hospital and nursing home 4 project bonds at any time secured by the hospital and nursing home capi- 5 tal reserve fund if upon issuance, the amount in the hospital and nurs- 6 ing home capital reserve fund will be less than the hospital and nursing 7 home capital reserve fund requirement, unless the agency, at the time of 8 issuance of such bonds, shall deposit in such reserve fund from the 9 proceeds of the bonds so to be issued, or otherwise, an amount which 10 together with the amount then in such reserve fund, will be not less 11 than the hospital and nursing home capital reserve fund requirement. 12 § 2. This act shall take effect immediately. 13 PART TT 14 Section 1. This act enacts into law components of legislation relating 15 to the pandemic recovery and restart program. Each component is wholly 16 contained within a Subpart identified as Subparts A through C. The 17 effective date for each particular provision contained within such 18 Subpart is set forth in the last section of such Subpart. Any provision 19 in any section contained within a Subpart, including the effective date 20 of the Subpart, which makes reference to a section "of this act", when 21 used in connection with that particular component, shall be deemed to 22 mean and refer to the corresponding section of the Subpart in which it 23 is found. Section three of this act sets forth the general effective 24 date of this act. 25 SUBPART A 26 Section 1. The economic development law is amended by adding a new 27 article 24 to read as follows: 28 ARTICLE 24 29 SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM 30 Section 460. Short title. 31 461. Statement of legislative findings and declaration. 32 462. Definitions. 33 463. Eligibility criteria. 34 464. Application and approval process. 35 465. Small business return-to-work tax credit. 36 466. Powers and duties of the commissioner. 37 467. Maintenance of records. 38 468. Reporting. 39 469. Cap on tax credit. 40 § 460. Short title. This article shall be known and may be cited as 41 the "small business return-to-work tax credit program act". 42 § 461. Statement of legislative findings and declaration. It is hereby 43 found and declared that New York state needs, as a matter of public 44 policy, to create financial incentives for small businesses in indus- 45 tries that have suffered economic harm as a result of the COVID-19 46 pandemic to expeditiously rehire workers and increase total small busi- 47 ness employment. The small business return-to-work tax credit program is 48 created to provide financial incentives to economically harmed small 49 businesses to offer relief, expedite their hiring efforts, and reduce 50 the duration and severity of the current economic difficulties. 51 § 462. Definitions. For the purposes of this article:S. 2508 125 A. 3008 1 1. "Accommodation sector" means establishments that provide lodging or 2 short-term accommodations for travelers, vacationers, and others. 3 2. "Arts, entertainment, and recreation sector" means establishments 4 that operate facilities or provide services to meet varied cultural, 5 entertainment, and recreational interests of their patrons. This sector 6 comprises: (a) establishments that are involved in producing, promoting, 7 or participating in live performances, events, or exhibits intended for 8 public viewing; (b) establishments that preserve and exhibit objects and 9 sites of historical, cultural, or educational interest; and (c) estab- 10 lishments that operate facilities or provide services that enable 11 patrons to participate in recreational activities or pursue amusement, 12 hobby, and leisure-time interests. 13 3. "Average full-time employment" shall mean the average number of 14 full-time equivalent positions employed by a business entity in an 15 eligible industry during a given period. 16 4. "Average starting full-time employment" shall be calculated as the 17 average number of full-time equivalent positions employed by a business 18 entity in an eligible industry between January first, two thousand twen- 19 ty-one, and March thirty-first, two thousand twenty-one. 20 5. "Average ending full-time employment" shall be calculated as the 21 average number of full-time equivalent positions employed by a business 22 entity in an eligible industry between April first, two thousand twen- 23 ty-one, and December thirty-first, two thousand twenty-one. 24 6. "Certificate of tax credit" means the document issued to a business 25 entity by the department after the department has verified that the 26 business entity has met all applicable eligibility criteria in this 27 article. The certificate shall specify the exact amount of the tax cred- 28 it under this article that a business entity may claim, pursuant to 29 section four hundred sixty-five of this article. 30 7. "Commissioner" shall mean the commissioner of the department of 31 economic development. 32 8. "Department" shall mean the department of economic development. 33 9. "Eligible industry" means a business entity operating predominantly 34 in one of the following business sectors: 35 (a) accommodations; or 36 (b) arts, entertainment, and recreation. 37 10. "Net employee increase" means an increase of at least one full- 38 time equivalent employee between the average starting full-time employ- 39 ment and the average ending full-time employment of a business entity. 40 § 463. Eligibility criteria. 1. To be eligible for a tax credit under 41 the small business return-to-work tax credit program, a business entity 42 must: 43 (a) be a small business as defined in section one hundred thirty-one 44 of this chapter and have fewer than one hundred full-time job equiv- 45 alents in New York state as of April first, two thousand twenty-one; 46 (b) operate a business location in New York state that charges admis- 47 sion and/or accepts payment for goods and/or services from in-person 48 customers; 49 (c) operate predominantly in an eligible industry as defined in subdi- 50 vision nine of section four hundred sixty-two of this article; provided, 51 however, that the department, in its regulations promulgated pursuant to 52 this article, shall have the authority to list certain sectors of those 53 industries as ineligible; 54 (d) have experienced economic harm as a result of the COVID-19 emer- 55 gency as evidenced by a year-to-year decrease of at least forty percent 56 in New York state between the second quarter of two thousand nineteenS. 2508 126 A. 3008 1 and the second quarter of two thousand twenty or the third quarter of 2 two thousand nineteen and the third quarter of two thousand twenty for 3 one or both of: (i) gross receipts or (ii) average full-time employment; 4 and 5 (e) have demonstrated a net employee increase. 6 2. A business entity must be in substantial compliance with any emer- 7 gency restrictions or public health orders impacting the industry sector 8 or other laws and regulations as determined by the commissioner. In 9 addition, a business entity may not owe past due state taxes or local 10 property taxes unless the business entity is making payments and comply- 11 ing with an approved binding payment agreement entered into with the 12 taxing authority. 13 § 464. Application and approval process. 1. A business entity must 14 submit a complete application as prescribed by the commissioner. 15 2. The commissioner shall establish procedures and a timeframe for 16 business entities to submit applications. As part of the application, 17 each business entity must: 18 (a) provide evidence in a form and manner prescribed by the commis- 19 sioner of their business eligibility; 20 (b) agree to allow the department of taxation and finance to share the 21 business entity's tax information with the department. However, any 22 information shared as a result of this program shall not be available 23 for disclosure or inspection under the state freedom of information law; 24 (c) agree to allow the department of labor to share its tax and 25 employer information with the department. However, any information 26 shared as a result of this program shall not be available for disclosure 27 or inspection under the state freedom of information law; 28 (d) allow the department and its agents access to any and all books 29 and records the department may require to monitor compliance; 30 (e) certify, under penalty of perjury, that it is in substantial 31 compliance with all emergency orders or public health regulations 32 currently required of such entity, and local, and state tax laws; and 33 (f) agree to provide any additional information required by the 34 department relevant to this article. 35 3. After reviewing a business entity's completed final application and 36 determining that the business entity meets the eligibility criteria as 37 set forth in this article, the department may issue to that business 38 entity a certificate of tax credit. A business entity may claim the tax 39 credit in the taxable year that includes December thirty-first, two 40 thousand twenty-one. 41 § 465. Small business return-to-work tax credit. 1. A business entity 42 in the small business return-to-work tax credit program that meets the 43 eligibility requirements of section four hundred sixty-three of this 44 article may be eligible to claim a credit equal to five thousand dollars 45 per each full-time equivalent net employee increase as defined in subdi- 46 vision ten of section four hundred sixty-two of this article. 47 2. A business entity, including a partnership, limited liability 48 company and subchapter S corporation, may not receive in excess of fifty 49 thousand dollars in tax credits under this program. 50 3. The credit shall be allowed as provided in section forty-five, 51 subdivision fifty-five of section two hundred ten-B and subsection (kkk) 52 of section six hundred six of the tax law. 53 § 466. Powers and duties of the commissioner. 1. The commissioner may 54 promulgate regulations establishing an application process and eligibil- 55 ity criteria, that will be applied consistent with the purposes of this 56 article, so as not to exceed the annual cap on tax credits set forth inS. 2508 127 A. 3008 1 section four hundred sixty-nine of this article which, notwithstanding 2 any provisions to the contrary in the state administrative procedure 3 act, may be adopted on an emergency basis. 4 2. The commissioner shall, in consultation with the department of 5 taxation and finance, develop a certificate of tax credit that shall be 6 issued by the commissioner to eligible businesses. Such certificate 7 shall contain such information as required by the department of taxation 8 and finance. 9 3. The commissioner shall solely determine the eligibility of any 10 applicant applying for entry into the program and shall remove any busi- 11 ness entity from the program for failing to meet any of the requirements 12 set forth in section four hundred sixty-three of this article, or for 13 failing to meet the requirements set forth in subdivision one of section 14 four hundred sixty-four of this article. 15 § 467. Maintenance of records. Each business entity participating in 16 the program shall keep all relevant records for their duration of 17 program participation for at least three years. 18 § 468. Reporting. Each business entity participating in this program 19 must submit a performance report to the department at a time prescribed 20 in regulations by the commissioner. 21 § 469. Cap on tax credit. The total amount of tax credits listed on 22 certificates of tax credit issued by the commissioner pursuant to this 23 article may not exceed fifty million dollars. 24 § 2. The tax law is amended by adding a new section 45 to read as 25 follows: 26 § 45. Small business return-to-work tax credit. (a) Allowance of cred- 27 it. A taxpayer subject to tax under article nine-A or twenty-two of this 28 chapter shall be allowed a credit against such tax, pursuant to the 29 provisions referenced in subdivision (f) of this section. The amount of 30 the credit is equal to the amount determined pursuant to section four 31 hundred sixty-five of the economic development law. No cost or expense 32 paid or incurred by the taxpayer which is included as part of the calcu- 33 lation of this credit shall be the basis of any other tax credit allowed 34 under this chapter. 35 (b) Eligibility. To be eligible for the small business return-to-work 36 tax credit, the taxpayer shall have been issued a certificate of tax 37 credit by the department of economic development pursuant to subdivision 38 two of section four hundred sixty-four of the economic development law, 39 which certificate shall set forth the amount of the credit that may be 40 claimed for the taxable year. The taxpayer shall be allowed to claim 41 only the amount listed on the certificate of tax credit for that taxable 42 year. A taxpayer that is a partner in a partnership, member of a limited 43 liability company or shareholder in a subchapter S corporation that has 44 received a certificate of tax credit shall be allowed its pro rata share 45 of the credit earned by the partnership, limited liability company or 46 subchapter S corporation. 47 (c) Tax return requirement. The taxpayer shall be required to attach 48 to its tax return, in the form prescribed by the commissioner, proof of 49 receipt of its certificate of tax credit issued by the commissioner of 50 the department of economic development. 51 (d) Information sharing. Notwithstanding any provision of this chap- 52 ter, employees of the department of economic development and the depart- 53 ment shall be allowed and are directed to share and exchange: 54 (1) information derived from tax returns or reports that is relevant 55 to a taxpayer's eligibility to participate in the small business 56 return-to-work tax credit program;S. 2508 128 A. 3008 1 (2) information regarding the credit applied for, allowed or claimed 2 pursuant to this section and taxpayers that are applying for the credit 3 or that are claiming the credit; and 4 (3) information contained in or derived from credit claim forms 5 submitted to the department and applications for admission into the 6 small business return-to-work tax credit program. Except as provided in 7 paragraph two of this subdivision, all information exchanged between the 8 department of economic development and the department shall not be 9 subject to disclosure or inspection under the state's freedom of infor- 10 mation law. 11 (e) Credit recapture. If a certificate of tax credit issued by the 12 department of economic development under article twenty-four of the 13 economic development law is revoked by such department, the amount of 14 credit described in this section and claimed by the taxpayer prior to 15 that revocation shall be added back to tax in the taxable year in which 16 any such revocation becomes final. 17 (f) Cross references. For application of the credit provided for in 18 this section, see the following provisions of this chapter: 19 (1) article 9-A: section 210-B, subdivision 55; 20 (2) article 22: section 606, subsection (kkk). 21 § 3. Section 210-B of the tax law is amended by adding a new subdivi- 22 sion 55 to read as follows: 23 55. Small business return-to-work tax credit. (a) Allowance of credit. 24 A taxpayer shall be allowed a credit, to be computed as provided in 25 section forty-five of this chapter, against the taxes imposed by this 26 article. 27 (b) Application of credit. The credit allowed under this subdivision 28 for the taxable year shall not reduce the tax due for such year to less 29 than the amount prescribed in paragraph (d) of subdivision one of 30 section two hundred ten of this article. However, if the amount of 31 credit allowed under this subdivision for the taxable year reduces the 32 tax to such amount or if the taxpayer otherwise pays tax based on the 33 fixed dollar minimum amount, any amount of credit thus not deductible in 34 such taxable year shall be treated as an overpayment of tax to be cred- 35 ited or refunded in accordance with the provisions of section one thou- 36 sand eighty-six of this chapter. Provided, however, the provisions of 37 subsection (c) of section one thousand eighty-eight of this chapter 38 notwithstanding, no interest will be paid thereon. 39 § 4. Section 606 of the tax law is amended by adding a new subsection 40 (kkk) to read as follows: 41 (kkk) Small business return-to-work tax credit. (1) Allowance of cred- 42 it. A taxpayer shall be allowed a credit, to be computed as provided in 43 section forty-five of this chapter, against the tax imposed by this 44 article. 45 (2) Application of credit. If the amount of the credit allowed under 46 this subsection for the taxable year exceeds the taxpayer's tax for such 47 year, the excess shall be treated as an overpayment of tax to be credit- 48 ed or refunded in accordance with the provisions of section six hundred 49 eighty-six of this article, provided, however, that no interest will be 50 paid thereon. 51 § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 52 of the tax law is amended by adding a new clause (xlvi) to read as 53 follows: 54 (xlvi) Small business Amount of credit under 55 return-to-work tax subdivision fifty-five 56 credit of section two hundred ten-BS. 2508 129 A. 3008 1 § 6. This act shall take effect immediately. 2 SUBPART B 3 Section 1. The economic development law is amended by adding a new 4 article 25 to read as follows: 5 ARTICLE 25 6 RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM 7 Section 470. Short title. 8 471. Statement of legislative findings and declaration. 9 472. Definitions. 10 473. Eligibility criteria. 11 474. Application and approval process. 12 475. Restaurant return-to-work tax credit. 13 476. Powers and duties of the commissioner. 14 477. Maintenance of records. 15 478. Reporting. 16 479. Cap on tax credit. 17 § 470. Short title. This article shall be known and may be cited as 18 the "restaurant return-to-work tax credit program act". 19 § 471. Statement of legislative findings and declaration. It is hereby 20 found and declared that New York state needs, as a matter of public 21 policy, to create financial incentives for restaurants that have 22 suffered economic harm as a result of the COVID-19 pandemic to expe- 23 ditiously rehire workers and increase total employment. The restaurant 24 return-to-work tax credit program is created to provide financial incen- 25 tives to economically harmed restaurants to offer relief, expedite their 26 hiring efforts, and reduce the duration and severity of the current 27 economic difficulties. 28 § 472. Definitions. For the purposes of this article: 29 1. "Average full-time employment" shall mean the average number of 30 full-time equivalent positions employed by a business entity in an 31 eligible industry during a given period. 32 2. "Average starting full-time employment" shall be calculated as the 33 average number of full-time equivalent positions employed by a business 34 entity in an eligible industry between January first, two thousand twen- 35 ty-one, and March thirty-first, two thousand twenty-one. 36 3. "Average ending full-time employment" shall be calculated as the 37 average number of full-time equivalent positions employed by a business 38 entity in an eligible industry between April first, two thousand twen- 39 ty-one, and either August thirty-first, two thousand twenty-one, or 40 December thirty-first, two thousand twenty-one, whichever date the busi- 41 ness entity chooses to use. 42 4. "Certificate of tax credit" means the document issued to a business 43 entity by the department after the department has verified that the 44 business entity has met all applicable eligibility criteria in this 45 article. The certificate shall specify the exact amount of the tax cred- 46 it under this article that a business entity may claim, pursuant to 47 section four hundred seventy-five of this article. 48 5. "Commissioner" shall mean commissioner of the department of econom- 49 ic development. 50 6. "Department" shall mean the department of economic development. 51 7. "Eligible industry" means a business entity operating predominantly 52 in the COVID-19 impacted food services sector.S. 2508 130 A. 3008 1 8. "Net employee increase" means an increase of at least one full-time 2 equivalent employee between the average starting full-time employment 3 and the average ending full-time employment of a business entity. 4 9. "COVID-19 impacted food services sector" means: 5 (a) independently owned establishments that are located inside the 6 city of New York and have been subjected to a ban on indoor dining for 7 over six months and are primarily organized to prepare and provide 8 meals, and/or beverages to customers for consumption, including for 9 immediate indoor on-premises consumption, as further defined in regu- 10 lations pursuant to this article; and 11 (b) independently owned establishments that are located outside of the 12 city of New York in an area which has been and/or remains designated by 13 the department of health as either an orange zone or red zone pursuant 14 to Executive Order 202.68 as amended, and for which such designation was 15 or has been in effect and resulted in additional restrictions on indoor 16 dining for at least thirty consecutive days, and are primarily organized 17 to prepare and provide meals, and/or beverages to customers for consump- 18 tion, including for immediate indoor on-premises consumption, as further 19 defined in regulations pursuant to this article. 20 § 473. Eligibility criteria. 1. To be eligible for a tax credit under 21 the restaurant return-to-work tax credit program, a business entity 22 must: 23 (a) be a small business as defined in section one hundred thirty-one 24 of this chapter and have fewer than one hundred full-time job equiv- 25 alents in New York state as of April first, two thousand twenty-one; 26 (b) operate a business location in New York state that is primarily 27 organized to accept payment for meals and/or beverages including from 28 in-person customers; 29 (c) operate predominantly in the COVID-19 impacted food services 30 sector; provided, however, that the department, in its regulations 31 promulgated pursuant to this article, shall have the authority to list 32 certain types of establishments as ineligible; 33 (d) have experienced economic harm as a result of the COVID-19 emer- 34 gency as evidenced by a year-to-year decrease of at least forty percent 35 in New York state between the second quarter of two thousand nineteen 36 and the second quarter of two thousand twenty or the third quarter of 37 two thousand nineteen and the third quarter of two thousand twenty for 38 one or both of: (i) gross receipts or (ii) average full-time employment; 39 and 40 (e) have demonstrated a net employee increase. 41 2. A business entity must be in substantial compliance with any public 42 health or other emergency orders or regulations related to the entity's 43 sector or other laws and regulations as determined by the commissioner. 44 In addition, a business entity may not owe past due state taxes or local 45 property taxes unless the business entity is making payments and comply- 46 ing with an approved binding payment agreement entered into with the 47 taxing authority. 48 § 474. Application and approval process. 1. A business entity must 49 submit a complete application as prescribed by the commissioner. 50 2. The commissioner shall establish procedures and a timeframe for 51 business entities to submit applications. As part of the application, 52 each business entity must: 53 (a) provide evidence in a form and manner prescribed by the commis- 54 sioner of their business eligibility; 55 (b) agree to allow the department of taxation and finance to share the 56 business entity's tax information with the department. However, anyS. 2508 131 A. 3008 1 information shared as a result of this program shall not be available 2 for disclosure or inspection under the state freedom of information law; 3 (c) agree to allow the department of labor to share its tax and 4 employer information with the department. However, any information 5 shared as a result of this program shall not be available for disclosure 6 or inspection under the state freedom of information law; 7 (d) allow the department and its agents access to any and all books 8 and records the department may require to monitor compliance; 9 (e) certify, under penalty of perjury, that it is in substantial 10 compliance with all emergency orders or public health regulations 11 currently required of such entity, and local, and state tax laws; and 12 (f) agree to provide any additional information required by the 13 department relevant to this article. 14 3. After reviewing a business entity's completed final application and 15 determining that the business entity meets the eligibility criteria as 16 set forth in this article, the department may issue to that business 17 entity a certificate of tax credit. A business entity may claim the tax 18 credit in the taxable year that includes December thirty-first, two 19 thousand twenty-one. 20 § 475. Restaurant return-to-work tax credit. 1. A business entity in 21 the restaurant return-to-work tax credit program that meets the eligi- 22 bility requirements of section four hundred seventy-three of this arti- 23 cle may be eligible to claim a credit equal to five thousand dollars per 24 each full-time equivalent net employee increase as defined in subdivi- 25 sion eight of section four hundred seventy-two of this article. 26 2. A business entity, including a partnership, limited liability 27 company and subchapter S corporation, may not receive in excess of fifty 28 thousand dollars in tax credits under this program. 29 3. The credit shall be allowed as provided in sections forty-six, 30 subdivision fifty-six of section two hundred ten-B and subsection (lll) 31 of section six hundred six of the tax law. 32 § 476. Powers and duties of the commissioner. 1. The commissioner may 33 promulgate regulations establishing an application process and eligibil- 34 ity criteria, that will be applied consistent with the purposes of this 35 article, so as not to exceed the annual cap on tax credits set forth in 36 section four hundred seventy-nine of this article which, notwithstanding 37 any provisions to the contrary in the state administrative procedure 38 act, may be adopted on an emergency basis. 39 2. The commissioner shall, in consultation with the department of 40 taxation and finance, develop a certificate of tax credit that shall be 41 issued by the commissioner to eligible businesses. Such certificate 42 shall contain such information as required by the department of taxation 43 and finance. 44 3. The commissioner shall solely determine the eligibility of any 45 applicant applying for entry into the program and shall remove any busi- 46 ness entity from the program for failing to meet any of the requirements 47 set forth in section four hundred seventy-three of this article, or for 48 failing to meet the requirements set forth in subdivision one of section 49 four hundred seventy-four of this article. 50 § 477. Maintenance of records. Each business entity participating in 51 the program shall keep all relevant records for their duration of 52 program participation for at least three years. 53 § 478. Reporting. Each business entity participating in this program 54 must submit a performance report to the department at a time prescribed 55 in regulations by the commissioner.S. 2508 132 A. 3008 1 § 479. Cap on tax credit. The total amount of tax credits listed on 2 certificates of tax credit issued by the commissioner pursuant to this 3 article may not exceed fifty million dollars. 4 § 2. The tax law is amended by adding a new section 46 to read as 5 follows: 6 § 46. Restaurant return-to-work tax credit. (a) Allowance of credit. A 7 taxpayer subject to tax under article nine-A or twenty-two of this chap- 8 ter shall be allowed a credit against such tax, pursuant to the 9 provisions referenced in subdivision (f) of this section. The amount of 10 the credit is equal to the amount determined pursuant to section four 11 hundred seventy-five of the economic development law. No cost or expense 12 paid or incurred by the taxpayer which is included as part of the calcu- 13 lation of this credit shall be the basis of any other tax credit allowed 14 under this chapter. 15 (b) Eligibility. To be eligible for the restaurant return-to-work tax 16 credit, the taxpayer shall have been issued a certificate of tax credit 17 by the department of economic development pursuant to subdivision two of 18 section four hundred seventy-four of the economic development law, which 19 certificate shall set forth the amount of the credit that may be claimed 20 for the taxable year. The taxpayer shall be allowed to claim only the 21 amount listed on the certificate of tax credit for that taxable year. A 22 taxpayer that is a partner in a partnership, member of a limited liabil- 23 ity company or shareholder in a subchapter S corporation that has 24 received a certificate of tax credit shall be allowed its pro rata share 25 of the credit earned by the partnership, limited liability company or 26 subchapter S corporation. 27 (c) Tax return requirement and advance payment option. (1) The taxpay- 28 er shall be required to attach to its tax return in the form prescribed 29 by the commissioner, proof of receipt of its certificate of tax credit 30 issued by the commissioner of the department of economic development. 31 (2) Taxpayers who choose to use August thirty-first, two thousand 32 twenty-one as the last date to calculate their average ending full-time 33 employment and have received their certificate of tax credit by November 34 fifteenth, two thousand twenty-one shall have the option to request an 35 advance payment of the amount of tax credit they are allowed under this 36 section. A taxpayer must submit such request to the department in the 37 manner prescribed by the commissioner after it has been issued a certif- 38 icate of tax credit by the department of economic development pursuant 39 to subdivision two of section four hundred seventy-four of the economic 40 development law (or such certificate has been issued to a partnership, 41 limited liability company or subchapter S corporation in which it is a 42 partner, member or shareholder, respectively), but such request must be 43 submitted no later than November fifteenth, two thousand twenty-one. For 44 those taxpayers who have requested an advance payment and for whom the 45 commissioner has determined eligible for this credit, the commissioner 46 shall advance a payment of the tax credit allowed to the taxpayer. 47 However, in the case of a taxpayer subject to article nine-A of this 48 chapter, such payment shall be equal to the amount of credit allowed to 49 the taxpayer less twenty-five dollars. Such twenty-five dollars shall 50 represent a partial payment of tax owed by the taxpayer under article 51 nine-A, including any fixed dollar minimum owed under paragraph (d) of 52 subdivision one of section two hundred ten of this chapter. When a 53 taxpayer files its return for the taxable year, such taxpayer shall 54 properly reconcile the advance payment and any partial payment of fixed 55 dollar minimum tax, if applicable, on the taxpayer's return.S. 2508 133 A. 3008 1 (d) Information sharing. Notwithstanding any provision of this chap- 2 ter, employees of the department of economic development and the depart- 3 ment shall be allowed and are directed to share and exchange: 4 (1) information derived from tax returns or reports that is relevant 5 to a taxpayer's eligibility to participate in the restaurant return-to- 6 work tax credit program; 7 (2) information regarding the credit applied for, allowed or claimed 8 pursuant to this section and taxpayers that are applying for the credit 9 or that are claiming the credit; and 10 (3) information contained in or derived from credit claim forms 11 submitted to the department and applications for admission into the 12 restaurant return-to-work tax credit program. Except as provided in 13 paragraph two of this subdivision, all information exchanged between the 14 department of economic development and the department shall not be 15 subject to disclosure or inspection under the state's freedom of infor- 16 mation law. 17 (e) Credit recapture. If a certificate of tax credit issued by the 18 department of economic development under article twenty-five of the 19 economic development law is revoked by such department, the amount of 20 credit described in this section and claimed by the taxpayer prior to 21 that revocation shall be added back to tax in the taxable year in which 22 any such revocation becomes final. 23 (f) Cross references. For application of the credit provided for in 24 this section, see the following provisions of this chapter: 25 (1) article 9-A: section 210-B, subdivision 56; 26 (2) article 22: section 606, subsection (lll). 27 § 3. Section 210-B of the tax law is amended by adding a new subdivi- 28 sion 56 to read as follows: 29 56. Restaurant return-to-work tax credit. (a) Allowance of credit. A 30 taxpayer shall be allowed a credit, to be computed as provided in 31 section forty-six of this chapter, against the taxes imposed by this 32 article. 33 (b) Application of credit. The credit allowed under this subdivision 34 for the taxable year shall not reduce the tax due for such year to less 35 than the amount prescribed in paragraph (d) of subdivision one of 36 section two hundred ten of this article. However, if the amount of 37 credit allowed under this subdivision for the taxable year reduces the 38 tax to such amount or if the taxpayer otherwise pays tax based on the 39 fixed dollar minimum amount, any amount of credit thus not deductible in 40 such taxable year shall be treated as an overpayment of tax to be cred- 41 ited or refunded in accordance with the provisions of section one thou- 42 sand eighty-six of this chapter. Provided, however, the provisions of 43 subsection (c) of section one thousand eighty-eight of this chapter 44 notwithstanding, no interest will be paid thereon. 45 § 4. Section 606 of the tax law is amended by adding a new subsection 46 (lll) to read as follows: 47 (lll) Restaurant return-to-work tax credit. (1) Allowance of credit. 48 A taxpayer shall be allowed a credit, to be computed as provided in 49 section forty-six of this chapter, against the tax imposed by this arti- 50 cle. 51 (2) Application of credit. If the amount of the credit allowed under 52 this subsection for the taxable year exceeds the taxpayer's tax for such 53 year, the excess shall be treated as an overpayment of tax to be credit- 54 ed or refunded in accordance with the provisions of section six hundred 55 eighty-six of this article, provided, however, that no interest will be 56 paid thereon.S. 2508 134 A. 3008 1 § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 2 of the tax law is amended by adding a new clause (xlvii) to read as 3 follows: 4 (xlvii) Restaurant return-to-work Amount of credit under 5 tax credit subdivision fifty-six of 6 section two hundred ten-B 7 § 6. This act shall take effect immediately. 8 SUBPART C 9 Section 1. The tax law is amended by adding a new section 24-c to read 10 as follows: 11 § 24-c. New York city musical and theatrical production tax credit. 12 (a) (1) Allowance of credit. A taxpayer that is a qualified New York 13 city musical and theatrical production company, or is a sole proprietor 14 of or a member of a partnership that is a qualified New York city 15 musical and theatrical production company, and that is subject to tax 16 under article nine-A or twenty-two of this chapter, shall be allowed a 17 credit against such tax, pursuant to the provisions referred to in 18 subdivision (d) of this section, and to be computed as provided in this 19 section. 20 (2) The amount of the credit shall be the product (or pro rata share 21 of the product, in the case of a member of a partnership) of twenty-five 22 percent and the sum of the qualified production expenditures paid for 23 during the qualified New York city musical and theatrical production's 24 credit period. Provided however that the amount of the credit cannot 25 exceed five hundred thousand dollars per qualified New York city musical 26 and theatrical production company. 27 (3) No qualified production expenditures used by a taxpayer either as 28 the basis for the allowance of the credit provided pursuant to this 29 section or used in the calculation of the credit provided pursuant to 30 this section shall be used by such taxpayer to claim any other credit 31 allowed pursuant to this chapter. 32 (b) Definitions. As used in this section, the following terms shall 33 have the following meanings: 34 (1) "Qualified musical and theatrical production" means a for-profit 35 live, dramatic stage presentation that, in its original or adaptive 36 version, is performed in a qualified New York city production facility, 37 whether or not such production was performed in a qualified New York 38 city production facility prior to March twelfth, two thousand twenty. 39 (2) "Qualified production expenditure" means any costs for tangible 40 property used and services performed directly and predominantly in the 41 production of a qualified musical and theatrical production within the 42 city of New York, including: (i) expenditures for design, construction 43 and operation, including sets, special and visual effects, costumes, 44 wardrobes, make-up, accessories and costs associated with sound, light- 45 ing, and staging; (ii) all salaries, wages, fees, and other compensation 46 including related benefits for services performed of which the total 47 allowable expense shall not exceed two hundred thousand dollars per 48 week; and (iii) technical and crew production costs, such as expendi- 49 tures for a qualified New York city production facility, or any part 50 thereof, props, make-up, wardrobe, costumes, equipment used for special 51 and visual effects, sound recording, set construction, and lighting. 52 Qualified production expenditure does not include any costs incurred 53 prior to March thirteenth, two thousand twenty.S. 2508 135 A. 3008 1 (3) "Qualified New York city production facility" means a facility 2 located within the city of New York (i) in which live theatrical 3 productions are or are intended to be primarily presented, (ii) that 4 contains at least one stage, a seating capacity of five hundred or more 5 seats, and dressing rooms, storage areas, and other ancillary amenities 6 necessary for the qualified musical and theatrical production, and (iii) 7 for which receipts attributable to ticket sales constitute seventy-five 8 percent or more of gross receipts of the facility. 9 (4) "Qualified New York city musical and theatrical production compa- 10 ny" is a corporation, partnership, limited partnership, or other entity 11 or individual which or who (i) is principally engaged in the production 12 of a qualified musical or theatrical production that is to be performed 13 in a qualified New York city production facility, and (ii) has expended 14 at least one million dollars in qualified production expenditures on the 15 qualified musical and theatrical production at the time of its applica- 16 tion to the department of economic development for a tax credit certif- 17 icate authorized under this section. 18 (5) (i) "The credit period of a qualified New York city musical and 19 theatrical production company" is the period starting on the production 20 start date and ending on the earlier of December thirty-first, two thou- 21 sand twenty-one or the date the qualified musical and theatrical 22 production closes. 23 (ii) "The production start date" is the date that is six weeks prior 24 to the first performance of the qualified musical and theatrical 25 production. 26 (c) The credit shall be allowed for the taxable year beginning on or 27 after January first, two thousand twenty-one but before January first, 28 two thousand twenty-two. 29 (d) Cross-references. For application of the credit provided for in 30 this section, see the following provisions of this chapter: 31 (1) article 9-A: section 210-B: subdivision 57; 32 (2) article 22: section 606: subsection (mmm). 33 (e) Notwithstanding any provision of this chapter, (i) employees and 34 officers of the department of economic development and the department 35 shall be allowed and are directed to share and exchange information 36 regarding the credits applied for, allowed, or claimed pursuant to this 37 section and taxpayers who are applying for credits or who are claiming 38 credits, including information contained in or derived from credit claim 39 forms submitted to the department and applications for certification 40 submitted to the department of economic development, and (ii) the 41 commissioner and the commissioner of the department of economic develop- 42 ment may release the names and addresses of any qualified New York city 43 musical and theatrical production company entitled to claim this credit 44 and the amount of the credit earned by such company. 45 (f) Maximum amount of credits. (1) The aggregate amount of tax credits 46 allowed under this section, subdivision fifty-seven of section two 47 hundred ten-B and subsection (mmm) of section six hundred six of this 48 chapter shall be twenty-five million dollars. Such aggregate amount of 49 credits shall be allocated by the department of economic development 50 among taxpayers in order of priority based upon the date of filing an 51 application for allocation of the New York city musical and theatrical 52 production tax credit with such department. 53 (2) The commissioner of economic development, after consulting with 54 the commissioner, shall promulgate regulations to establish procedures 55 for the allocation of tax credits as required by this section. Such 56 rules and regulations shall include provisions describing the applica-S. 2508 136 A. 3008 1 tion process, the due dates for such applications, the standards that 2 will be used to evaluate the applications, the documentation that will 3 be provided by applicants to substantiate to the department the amount 4 of qualified production expenditures of such applicants, and such other 5 provisions as deemed necessary and appropriate. Notwithstanding any 6 other provisions to the contrary in the state administrative procedure 7 act, such rules and regulations may be adopted on an emergency basis. 8 (g) Any qualified New York city musical and theatrical production 9 company that performs in a qualified New York city production facility 10 and applies to receive a credit under this section shall be required to: 11 (1) participate in a New York state diversity and arts job training 12 program; (2) create and implement a plan to ensure that their production 13 is available and accessible for low-or no-cost to low income New York- 14 ers; and (3) contribute to the New York state council on the arts, 15 cultural program fund an amount up to fifty percent of the total credits 16 received if such production company earns revenue prospectively after 17 receipt of the credit that is at least equal to two hundred percent of 18 its production costs, with such amount payable from twenty-five percent 19 of net operating profits, such amounts payable on a monthly basis, up 20 until such fifty percent of the total credit amount is reached. Any 21 funds deposited pursuant to this subdivision shall be used for arts and 22 cultural educational and workforce development programs in-school and 23 community-based organizations. 24 § 2. Section 210-B of the tax law is amended by adding a new subdivi- 25 sion 57 to read as follows: 26 57. New York city musical and theatrical production tax credit. (a) 27 Allowance of credit. A taxpayer shall be allowed a credit, to be 28 computed as provided in section twenty-four-c of this chapter, against 29 the taxes imposed by this article. 30 (b) Application of credit. The credit allowed under this subdivision 31 for the taxable year shall not reduce the tax due for such year to less 32 than the amount prescribed in paragraph (d) of subdivision one of 33 section two hundred ten of this article. However, if the amount of 34 credit allowed under this subdivision for the taxable year reduces the 35 tax to such amount or if the taxpayer otherwise pays tax based on the 36 fixed dollar minimum amount, any amount of credit thus not deductible in 37 such taxable year shall be treated as an overpayment of tax to be cred- 38 ited or refunded in accordance with the provisions of section one thou- 39 sand eighty-six of this chapter. Provided, however, the provisions of 40 subsection (c) of section one thousand eighty-eight of this chapter 41 notwithstanding, no interest shall be paid thereon. 42 § 3. Section 606 of the tax law is amended by adding a new subsection 43 (mmm) to read as follows: 44 (mmm) New York city musical and theatrical production tax credit. (1) 45 Allowance of credit. A taxpayer shall be allowed a credit, to be 46 computed as provided in section twenty-four-c of this chapter, against 47 the tax imposed by this article. 48 (2) Application of credit. If the amount of the credit allowed under 49 this subsection for the taxable year exceeds the taxpayer's tax for such 50 year, the excess shall be treated as an overpayment of tax to be credit- 51 ed or refunded in accordance with the provisions of section six hundred 52 eighty-six of this article, provided, however, that no interest shall be 53 paid thereon. 54 § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 55 of the tax law is amended by adding a new clause (xlviii) to read as 56 follows:S. 2508 137 A. 3008 1 (xlviii) New York city musical Amount of credit under 2 and theatrical production subdivision fifty-seven of 3 tax credit section two hundred ten-B 4 § 5. The state finance law is amended by adding a new section 99-ii to 5 read as follows: 6 § 99-ii. New York state arts and cultural programs fund. 1. There is 7 hereby established in the joint custody of the state comptroller and 8 commissioner of taxation and finance a special fund to be known as the 9 "New York state arts and cultural program fund". 10 2. Such fund shall consist of all revenues received by the state, 11 pursuant to the provisions of section twenty-four-c of the tax law and 12 all other moneys appropriated thereto from any other fund or source 13 pursuant to law. Nothing contained in this section shall prevent the 14 state from receiving grants, gifts or bequests for the purposes of the 15 fund as defined in this section and depositing them into the fund 16 according to law. 17 3. On or before the first day of February two thousand twenty-four, 18 the commissioner of education shall provide a written report to the 19 temporary president of the senate, the speaker of the assembly, the 20 chair of the senate finance committee, the chair of the assembly ways 21 and means committee, the chair of the senate committee on health, the 22 chair of the assembly health committee, the state comptroller and the 23 public. Such report shall include how the monies of the fund were 24 utilized during the preceding calendar year, and shall include: 25 (a) the amount of money dispersed from the fund and the award process 26 used for such disbursements; 27 (b) recipients of awards from the fund; 28 (c) the amount awarded to each; 29 (d) the purposes for which such awards were granted; and 30 (e) a summary financial plan for such monies which shall include esti- 31 mates of all receipts and all disbursements for the current and succeed- 32 ing fiscal years, along with the actual results from the prior fiscal 33 year. 34 4. Moneys shall be payable from the fund on the audit and warrant of 35 the comptroller on vouchers approved and certified by the commissioner 36 of education. 37 5. The moneys in such fund shall be expended for the purpose of 38 supplementing art and cultural programs for secondary and elementary 39 children, including programs that increase access to art and cultural 40 programs and events for children in underserved communities. 41 § 6. This act shall take effect immediately. 42 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 43 sion, section or part of this act shall be adjudged by any court of 44 competent jurisdiction to be invalid, such judgment shall not affect, 45 impair, or invalidate the remainder thereof, but shall be confined in 46 its operation to the clause, sentence, paragraph, subdivision, section 47 or part thereof directly involved in the controversy in which such judg- 48 ment shall have been rendered. It is hereby declared to be the intent of 49 the legislature that this act would have been enacted even if such 50 invalid provisions had not been included herein. 51 § 3. This act shall take effect immediately provided, however, that 52 the applicable effective date of Subparts A through C of this act shall 53 be as specifically set forth in the last section of such Subparts. 54 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 55 sion, section or part of this act shall be adjudged by any court of 56 competent jurisdiction to be invalid, such judgment shall not affect,S. 2508 138 A. 3008 1 impair, or invalidate the remainder thereof, but shall be confined in 2 its operation to the clause, sentence, paragraph, subdivision, section 3 or part thereof directly involved in the controversy in which such judg- 4 ment shall have been rendered. It is hereby declared to be the intent of 5 the legislature that this act would have been enacted even if such 6 invalid provisions had not been included herein. 7 § 3. This act shall take effect immediately provided, however, that 8 the applicable effective date of Parts A through TT of this act shall be 9 as specifically set forth in the last section of such Parts.
