Bill Text: NY S02508 | 2021-2022 | General Assembly | Amended

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-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 2508--A                                            A. 3008--A

                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 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-02-1

        S. 2508--A                          2                         A. 3008--A

          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
          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

        S. 2508--A                          3                         A. 3008--A

          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 certain
          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

        S. 2508--A                          4                         A. 3008--A

          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); to
          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); to amend the  economic  development
          law  and  the  tax law, in relation to establishing the small business
          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 establishing the
          New York city musical and theatrical production tax credit (Subpart C)
          (Part TT); relating to the merger of the College  Retirement  Equities
          Fund  and  the  Teachers Insurance and Annuity Association of America;
          and to repeal chapter 124 of the laws of 1952 relating to the  charter
          of the college retirement equities fund (Part UU); to amend the public
          authorities  law,  the  canal  law and the economic development law in
          relation to enacting the New York state  canal  system  revitalization
          act; and to repeal article 13-A of the canal law relating to the canal
          recreationway  commission  and section 57 of the canal law relating to
          special conditions for leases entered prior to approval of  the  canal
          recreationway plan (Part VV); and to authorize utility and cable tele-
          vision assessments that provide funds to the department of health from
          cable  tele-vision  assessment revenues and to the department of agri-
          culture and markets, department of environmental conservation, depart-
          ment of state, and the office of parks, recreation and historic  pres-
          ervation from utility assessment revenues (Part WW)

          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 XX. 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

        S. 2508--A                          5                         A. 3008--A

     1  this act", when used in connection with that particular component, shall
     2  be  deemed to mean and refer to the corresponding section of the Part in
     3  which it is found. Section three of this  act  sets  forth  the  general
     4  effective date of this act.

     5                                   PART A

     6    Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
     7  traffic law, as amended by section 1 of part B of chapter 58 of the laws
     8  of 2020, are amended to read as follows:
     9    (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
    10  section,  a  person convicted of a traffic infraction for a violation of
    11  any ordinance, order, rule, regulation or local law adopted pursuant  to
    12  one  or more of the following provisions of this chapter: paragraphs two
    13  and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
    14  subdivision three of section sixteen hundred thirty; or subdivision five
    15  of section seventy-one of the transportation law, prohibiting the opera-
    16  tion  on a highway or parkway of a motor vehicle registered as a commer-
    17  cial vehicle and having a gross vehicle weight rating of  at  least  ten
    18  thousand pounds but no more than twenty-six thousand pounds shall, for a
    19  first  conviction thereof, be punished by a fine of not more than [three
    20  hundred fifty] one thousand dollars or by imprisonment of not more  than
    21  fifteen  days or by both such fine and imprisonment; for a conviction of
    22  a second violation, both of which were  committed  within  a  period  of
    23  eighteen  months,  such  person  shall be punished by a fine of not more
    24  than [seven] one thousand five hundred dollars or  by  imprisonment  for
    25  not  more  than  forty-five  days or by both such fine and imprisonment;
    26  upon a conviction of a third or subsequent violation, all of which  were
    27  committed  within  a  period  of  eighteen  months, such person shall be
    28  punished by a fine of not more than  [one]  two  thousand  five  hundred
    29  dollars  or by imprisonment of not more than ninety days or by both such
    30  fine and imprisonment; provided, however, the provisions of this  subdi-
    31  vision  shall  not  apply  to a commercial motor vehicle as such term is
    32  defined in paragraph (a) of subdivision four  of  section  five  hundred
    33  one-a of this chapter.
    34    (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
    35  section,  a  person convicted of a traffic infraction for a violation of
    36  any ordinance, order, rule, regulation or local law adopted pursuant  to
    37  one  or more of the following provisions of this chapter: paragraphs two
    38  and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
    39  subdivision three of section sixteen hundred thirty; or subdivision five
    40  of section seventy-one of the transportation law, prohibiting the opera-
    41  tion on a highway or parkway of a commercial motor vehicle as defined in
    42  paragraph  (a) of subdivision four of section five hundred one-a of this
    43  chapter, for a first conviction thereof, be punished by a  fine  of  not
    44  more  than  [seven  hundred] five thousand dollars or by imprisonment of
    45  not more than fifteen days or by both such fine and imprisonment; for  a
    46  conviction  of a second violation, both of which were committed within a
    47  period of eighteen months, such person shall be punished by  a  fine  of
    48  not  more than [one] seven thousand five hundred dollars or by imprison-
    49  ment for not more than forty-five days or by both such fine  and  impri-
    50  sonment;  upon  a  conviction of a third or subsequent violation, all of
    51  which were committed within a period of  eighteen  months,  such  person
    52  shall  be punished by a fine of not more than [two] ten thousand dollars
    53  or by imprisonment of not more than ninety days or by both such fine and
    54  imprisonment. In addition to the penalties provided for in this subdivi-

        S. 2508--A                          6                         A. 3008--A

     1  sion, the registration of the vehicle may be suspended for a period  not
     2  to  exceed one year whether at the time of the violation the vehicle was
     3  in charge of the owner or his agent.   The provisions  of  section  five
     4  hundred  ten  of  this  chapter shall apply to such suspension except as
     5  otherwise provided herein.
     6    § 2. Subdivision 18-a of section 385 of the vehicle and  traffic  law,
     7  as  added  by  section 2 of part B of chapter 58 of the laws of 2020, is
     8  amended to read as follows:
     9    18-a. A violation of the provisions of [subdivisions] subdivision  two
    10  or  fourteen  of this section, where the violation relates to the height
    11  of the vehicle, including a violation related to the operation, within a
    12  city not wholly included within one county, of a vehicle  which  exceeds
    13  the  limitations  provided  for in the rules and regulations of the city
    14  department of transportation of such city, shall be punishable by a fine
    15  of not more than [one] five thousand dollars, or by imprisonment for not
    16  more than thirty days, or by both such fine and  imprisonment,  for  the
    17  first  offense;  by  a  fine  of not more than [two] seven thousand five
    18  hundred dollars, or by imprisonment for not more than sixty days, or  by
    19  both  such  fine and imprisonment, for the second or subsequent offense;
    20  provided that a sentence or execution thereof for  any  violation  under
    21  this  subdivision  may  not  be  suspended.    For  any violation of the
    22  provisions of [subdivisions] subdivision two or fourteen of this section
    23  where the violation relates to the height of the  vehicle,  including  a
    24  violation  related  to  the operation, within a city not wholly included
    25  within one county, of a vehicle which exceeds the  limitations  provided
    26  for  in  the rules and regulations of the city department of transporta-
    27  tion of such city, the registration of the vehicle may be suspended  for
    28  a period not to exceed one year whether at the time of the violation the
    29  vehicle  was  in  charge  of  the  owner or his agent. The provisions of
    30  section five hundred ten of this chapter shall apply to such  suspension
    31  except as otherwise provided herein.
    32    §  3. Subdivision 54 of section 375 of the vehicle and traffic law, as
    33  added by chapter 11 of the laws of 2020, is amended to read as follows:
    34    54. Stretch limousine and commercial motor vehicle commercial GPS. (a)
    35  Every stretch limousine and commercial motor vehicle registered in  this
    36  state  shall be equipped with commercial global positioning system (GPS)
    37  technology within no later than one year of  the  date  upon  which  the
    38  national  highway  traffic safety administration promulgates final regu-
    39  lations establishing standards for commercial GPS.
    40    (b) It shall be unlawful to operate or cause to be operated a  stretch
    41  limousine  or  commercial  motor vehicle registered in this state on any
    42  public highway or private road open  to  public  motor  vehicle  traffic
    43  unless  such  stretch  limousine or commercial motor vehicle is equipped
    44  with commercial global positioning system (GPS) technology  as  required
    45  by  this subdivision and such commercial global positioning system (GPS)
    46  technology is used. The presence in such stretch limousine or commercial
    47  motor vehicle of commercial global positioning system  (GPS)  technology
    48  connected  to a power source and in an operable condition is presumptive
    49  evidence of its use by any person operating such  stretch  limousine  or
    50  commercial motor vehicle. Such presumption may be rebutted by any credi-
    51  ble  and  reliable  evidence  which  tends  to show that such commercial
    52  global positioning system (GPS) technology was not in use.
    53    (c) For the purposes of this subdivision:
    54    (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
    55  seating  capacity  of  nine  or  more  passengers, including the driver,

        S. 2508--A                          7                         A. 3008--A

     1  commonly referred to as a "stretch limousine" and which is used  in  the
     2  business of transporting passengers for compensation; [and]
     3    (ii) "Commercial motor vehicle" shall mean a motor vehicle or combina-
     4  tion  of  vehicles having a gross combination weight rating of more than
     5  ten thousand pounds used in commerce to transport  property  or  persons
     6  and  shall  include a tow truck with a gross vehicle weight rating of at
     7  least eighty-six hundred pounds; and
     8    (iii) "Commercial global positioning system  (GPS)  technology"  shall
     9  mean  global  positioning system (GPS) technology which has been specif-
    10  ically designed to assist in the navigation of  commercial  motor  vehi-
    11  cles.
    12    §  4.  The  vehicle and traffic law is amended by adding a new section
    13  509-vv to read as follows:
    14    § 509-vv.  The use of non-commercial global positioning systems.   One
    15  year  following  the date upon which the national highway traffic safety
    16  administration promulgates final regulations establishing standards  for
    17  commercial  global  positioning systems (GPS), the use of non-commercial
    18  global positioning systems (GPS) by any commercial driver or  commercial
    19  motor carrier, while engaged in the operation or directing the operation
    20  of any commercial vehicle, is prohibited.  For purposes of this section,
    21  non-commercial  global  positioning  system  (GPS) shall mean any global
    22  positioning technology which  has  not  been  specifically  designed  to
    23  assist in the navigation of commercial vehicles.
    24    §  5.  The  vehicle and traffic law is amended by adding a new section
    25  509-vvv to read as follows:
    26    § 509-vvv. Parkways notification. Commercial carriers must notify,  in
    27  writing,  all  commercial  drivers  in  their  employ of the prohibition
    28  against operating commercial motor vehicles on parkways.
    29    § 6. The vehicle and traffic law is amended by adding  a  new  section
    30  509-ii to read as follows:
    31    §  509-ii.  The use of non-commercial global positioning systems.  One
    32  year following the date upon which the national highway  traffic  safety
    33  administration  promulgates final regulations establishing standards for
    34  commercial global positioning systems (GPS), the use  of  non-commercial
    35  global  positioning  systems  (GPS)  by any bus driver or motor carrier,
    36  while engaged in the operation or directing the operation of any bus, is
    37  prohibited.   For purposes of this section, non-commercial global  posi-
    38  tioning  system (GPS) shall mean any global positioning technology which
    39  has not been specifically  designed  to  assist  in  the  navigation  of
    40  commercial vehicles.
    41    §  7.  The  vehicle and traffic law is amended by adding a new section
    42  509-iii to read as follows:
    43    § 509-iii. Parkways notification. Motor carriers must notify, in writ-
    44  ing, all bus drivers in their employ of the prohibition against  operat-
    45  ing commercial motor vehicles on parkways.
    46    §  8. The general business law is amended by adding a new section 396-
    47  zz to read as follows:
    48    § 396-zz. Commercial vehicle owner notifications of  parkway  prohibi-
    49  tions.  (a)  All  rental  vehicle companies, as defined in section three
    50  hundred ninety-six-z of this article, must notify in writing all author-
    51  ized  drivers  or  renters,  as  defined  in   section   three   hundred
    52  ninety-six-z  of  this  article,  of  the prohibition against commercial
    53  motor vehicles operating on  parkways  for  any  rentals  or  leases  of
    54  commercial  motor  vehicles.  For  purposes  of this section "commercial
    55  motor vehicle" shall mean a motor vehicle  or  combination  of  vehicles
    56  having  a  gross  combination  weight  rating  of more than ten thousand

        S. 2508--A                          8                         A. 3008--A

     1  pounds used to transport property or persons and  shall  include  a  tow
     2  truck  with a gross vehicle weight rating of at least eighty-six hundred
     3  pounds.
     4    (b)  A  conviction for a violation of this section shall be punishable
     5  by a fine of not more than one thousand dollars.
     6    § 9. Severability. If any clause,  sentence,  subdivision,  paragraph,
     7  section or part of this act be adjudged by any court of competent juris-
     8  diction  to  be  invalid, or if any federal agency determines in writing
     9  that this act would render New York state ineligible for the receipt  of
    10  federal  funds, such judgment or written determination shall not affect,
    11  impair or invalidate the remainder thereof, but shall be confined in its
    12  operation to the clause, sentence, subdivision,  paragraph,  section  or
    13  part thereof directly involved in the controversy in which such judgment
    14  or written determination shall have been rendered.
    15    §  10.  This  act  shall  take effect on the one hundred eightieth day
    16  after it shall have become a law; provided, however, that this act shall
    17  be deemed repealed if any federal agency determines in writing that this
    18  act would render New York state ineligible for the  receipt  of  federal
    19  funds  or  any  court  of competent jurisdiction finally determines that
    20  this act would render New York state out of compliance with federal  law
    21  or  regulation;  and  provided further that for sections four and six of
    22  this act, the commissioner of transportation shall notify  the  legisla-
    23  tive  bill  drafting commission upon the occurrence of the provisions of
    24  sections four and six of this act, in  order  that  the  commission  may
    25  maintain an accurate and timely effective data base of the official text
    26  of  the laws of the state of New York in furtherance of effectuating the
    27  provisions of section 44 of the legislative law and section 70-b of  the
    28  public  officers  law.    Effective immediately, the addition, amendment
    29  and/or repeal of any rule or regulation necessary for the implementation
    30  of sections four and six of this act on its effective date  are  author-
    31  ized to be made and completed on or before such effective date.

    32                                   PART B

    33    Section  1.  This  act enacts into law components of legislation which
    34  are necessary to implement legislation relating to the safety of  trans-
    35  portation workers, pedestrians, and the traveling public. Each component
    36  is wholly contained within a Subpart identified as Subparts A through D.
    37  The  effective  date for each particular provision contained within such
    38  Subpart is set forth in the last section of such Subpart. Any  provision
    39  in  any section contained within a Subpart, including the effective date
    40  of the Subpart, which makes a reference to a section "of this act", when
    41  used in connection with that particular component, shall  be  deemed  to
    42  mean  and  refer to the corresponding section of the Subpart in which it
    43  is found. Section three of this act sets  forth  the  general  effective
    44  date of this act.

    45                                  SUBPART A

    46    Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
    47  subdivision 3 as amended by chapter 267 of the laws of 2016, and  subdi-
    48  vision  11  as separately amended by chapters 268 and 281 of the laws of
    49  2016, are amended to read as follows:
    50    3. With intent to prevent a peace officer, a police officer,  prosecu-
    51  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    52  procedure law, registered nurse, licensed practical nurse, public health

        S. 2508--A                          9                         A. 3008--A

     1  sanitarian,  New York city public health sanitarian, sanitation enforce-
     2  ment agent, New York city sanitation worker, a firefighter, including  a
     3  firefighter acting as a paramedic or emergency medical technician admin-
     4  istering  first  aid  in the course of performance of duty as such fire-
     5  fighter, an emergency medical service  paramedic  or  emergency  medical
     6  service  technician, or medical or related personnel in a hospital emer-
     7  gency department, a city marshal,  a  school  crossing  guard  appointed
     8  pursuant  to section two hundred eight-a of the general municipal law, a
     9  traffic enforcement officer, traffic enforcement agent, a highway worker
    10  as defined in section one hundred eighteen-a of the vehicle and  traffic
    11  law, a motor vehicle inspector and motor carrier investigator as defined
    12  in  section  one  hundred  eighteen-b  of  the  vehicle and traffic law,
    13  employee of the New York state department of motor vehicles or a  county
    14  clerk  performing  motor  vehicle transactions on behalf of such depart-
    15  ment, or employee of any entity governed by the public  service  law  in
    16  the  course of performing an essential service, from performing a lawful
    17  duty, by means including releasing or failing to control an animal under
    18  circumstances evincing the actor's intent that the animal  obstruct  the
    19  lawful  activity  of  such  peace officer, police officer, prosecutor as
    20  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    21  dure law, registered nurse,  licensed  practical  nurse,  public  health
    22  sanitarian,  New York city public health sanitarian, sanitation enforce-
    23  ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
    24  technician,  city  marshal,  school crossing guard appointed pursuant to
    25  section two hundred  eight-a  of  the  general  municipal  law,  traffic
    26  enforcement  officer,  traffic  enforcement  agent,  highway  worker  as
    27  defined by section one hundred eighteen-a of  the  vehicle  and  traffic
    28  law,  motor  vehicle inspector and motor carrier investigator as defined
    29  in section one hundred  eighteen-b  of  the  vehicle  and  traffic  law,
    30  employee  of the New York state department of motor vehicles or a county
    31  clerk performing motor vehicle transactions on behalf  of  such  depart-
    32  ment, or employee of an entity governed by the public service law, he or
    33  she causes physical injury to such peace officer, police officer, prose-
    34  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
    35  nal  procedure  law,  registered nurse, licensed practical nurse, public
    36  health sanitarian, New York city public  health  sanitarian,  sanitation
    37  enforcement   agent,  New  York  city  sanitation  worker,  firefighter,
    38  paramedic, technician or medical or  related  personnel  in  a  hospital
    39  emergency  department,  city  marshal,  school  crossing  guard, traffic
    40  enforcement  officer,  traffic  enforcement  agent,  highway  worker  as
    41  defined  by  section  eighteen-a  of  the vehicle and traffic law, motor
    42  vehicle inspector and motor carrier investigator as defined  in  section
    43  one  hundred  eighteen-b of the vehicle and traffic law, employee of the
    44  New York state department of motor vehicles or a county clerk performing
    45  motor vehicle transactions on behalf of such department, or employee  of
    46  an entity governed by the public service law; or
    47    11.  With  intent to cause physical injury to a train operator, ticket
    48  inspector, conductor, signalperson, bus operator, station agent, station
    49  cleaner or terminal cleaner employed by any transit agency, authority or
    50  company, public or private, whose operation is authorized  by  New  York
    51  state  or  any  of  its political subdivisions, a city marshal, a school
    52  crossing guard appointed pursuant to section two hundred eight-a of  the
    53  general  municipal  law, a traffic enforcement officer, traffic enforce-
    54  ment agent, a highway worker as defined in  section  one  hundred  eigh-
    55  teen-a  of  the  vehicle  and traffic law, a motor vehicle inspector and
    56  motor carrier investigator as defined in section one hundred  eighteen-b

        S. 2508--A                         10                         A. 3008--A

     1  of  the  vehicle and traffic law, employee of the New York state depart-
     2  ment of motor vehicles or a county clerk performing motor vehicle trans-
     3  actions on behalf of such department, prosecutor as defined in  subdivi-
     4  sion   thirty-one  of  section  1.20  of  the  criminal  procedure  law,
     5  sanitation enforcement agent, New York city  sanitation  worker,  public
     6  health  sanitarian,  New  York city public health sanitarian, registered
     7  nurse, licensed practical nurse, emergency medical service paramedic, or
     8  emergency medical service technician, he or she causes  physical  injury
     9  to  such  train operator, ticket inspector, conductor, signalperson, bus
    10  operator, station agent,  station  cleaner  or  terminal  cleaner,  city
    11  marshal, school crossing guard appointed pursuant to section two hundred
    12  eight-a of the general municipal law, traffic enforcement officer, traf-
    13  fic  enforcement agent, highway worker as defined in section one hundred
    14  eighteen-a of the vehicle and traffic law, motor vehicle  inspector  and
    15  motor  carrier investigator as defined in section one hundred eighteen-b
    16  of the vehicle and traffic law, employee of the New York  state  depart-
    17  ment of motor vehicles or a county clerk performing motor vehicle trans-
    18  actions  on behalf of such department, prosecutor as defined in subdivi-
    19  sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
    20  registered  nurse,  licensed  practical nurse, public health sanitarian,
    21  New York city public health sanitarian,  sanitation  enforcement  agent,
    22  New York city sanitation worker, emergency medical service paramedic, or
    23  emergency  medical service technician, while such employee is performing
    24  an assigned duty on, or directly related to, the operation of a train or
    25  bus, including the cleaning of a train or bus station  or  terminal,  or
    26  such  city  marshal, school crossing guard, traffic enforcement officer,
    27  traffic enforcement agent, highway worker  as  defined  by  section  one
    28  hundred eighteen-a of the vehicle and traffic law, motor vehicle inspec-
    29  tor  and  motor  carrier  investigator as defined in section one hundred
    30  eighteen-b of the vehicle and traffic law,  employee  of  the  New  York
    31  state  department  of  motor vehicles or a county clerk performing motor
    32  vehicle transactions on behalf of such department, prosecutor as defined
    33  in subdivision thirty-one of section 1.20 of the criminal procedure law,
    34  registered nurse, licensed practical nurse,  public  health  sanitarian,
    35  New  York  city  public health sanitarian, sanitation enforcement agent,
    36  New York city sanitation worker, emergency medical service paramedic, or
    37  emergency medical service technician is performing an assigned duty; or
    38    § 2. The penal law is amended by adding a new section 120.19  to  read
    39  as follows:
    40  § 120.19 Menacing a highway worker.
    41    A  person is guilty of menacing a highway worker when he or she inten-
    42  tionally places or attempts to place a highway worker in reasonable fear
    43  of death, imminent serious  physical  injury  or  physical  injury.  For
    44  purposes  of  this section, a highway worker shall have the same meaning
    45  as defined by section one hundred eighteen-a of the vehicle and  traffic
    46  law.
    47    Menacing a highway worker is a class E felony.
    48    § 3. The vehicle and traffic law is amended by adding two new sections
    49  118-a and 118-b to read as follows:
    50    §  118-a.  Highway  worker. Any person employed by or on behalf of the
    51  state, a county, city, town or village,  a  public  authority,  a  local
    52  authority,  or  a  public utility company, or the agent or contractor of
    53  any such entity, who has been assigned to perform  work  on  a  highway,
    54  including  maintenance,  repair,  flagging,  utility work, construction,
    55  reconstruction or operation of equipment on public  highway  infrastruc-
    56  ture  and associated rights-of-way in highway work areas, and shall also

        S. 2508--A                         11                         A. 3008--A

     1  include any flagperson as defined in section one  hundred  fifteen-b  of
     2  this article.
     3    §  118-b.  Motor vehicle inspector and motor carrier investigator. Any
     4  person employed by the New York state department of  transportation  who
     5  has been assigned to perform inspections of any motor vehicles or inves-
     6  tigation  of  any carriers regulated by the commissioner of the New York
     7  state department of transportation.
     8    § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
     9  section 510 of the vehicle and traffic law, as added  by  section  1  of
    10  part  B  of  chapter  55  of  the  laws  of 2014, are amended to read as
    11  follows:
    12    (xii) of a second or subsequent conviction of a violation  of  section
    13  twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
    14  this chapter committed where such person is the holder of a probationary
    15  license, as defined in subdivision four of section five hundred  one  of
    16  this  title,  at  the  time of the commission of such violation and such
    17  second or subsequent violation was committed within six months following
    18  the restoration or issuance of such probationary license; [or]
    19    (xiii) of a second or subsequent conviction of a violation of  section
    20  twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
    21  this chapter committed where such person is the holder of a class DJ  or
    22  MJ  learner's  permit  or  a  class  DJ or MJ license at the time of the
    23  commission of such violation and such second or subsequent violation was
    24  committed within six months following the restoration of such permit  or
    25  license; or
    26    (xiv)  of  menacing a highway worker, or menacing in the first, second
    27  or third degree, as defined in article one hundred twenty of  the  penal
    28  law, where such offense was committed against a highway worker.
    29    §  5.  The  vehicle and traffic law is amended by adding a new section
    30  1221-a to read as follows:
    31    § 1221-a. Intrusion into an active work zone. 1. No driver of a  vehi-
    32  cle  shall  enter or intrude into an active work zone except upon direc-
    33  tion from a flagperson, police  officer,  or  other  visibly  designated
    34  person  in  charge  of  traffic control or upon direction from a traffic
    35  control device regulating entry therein. For purposes of  this  section,
    36  the  term  "active work zone" shall mean the physical area of a highway,
    37  street, or private road on which construction, maintenance,  or  utility
    38  work  is  being  conducted,  which  area  is marked by signs, channeling
    39  devices, barriers, pavement markings, or work vehicles, and where  work-
    40  ers are physically present.
    41    2.  A  violation of subdivision one of this section shall constitute a
    42  class B misdemeanor punishable by a fine of not less  than  two  hundred
    43  fifty  dollars,  nor  more  than  five hundred dollars or by a period of
    44  imprisonment not to exceed three months, or by both such fine and impri-
    45  sonment.
    46    § 6. This act shall take effect on the one hundred eightieth day after
    47  it shall have become a law.

    48                                  SUBPART B

    49    Section 1. Section 600 of the vehicle and traffic law  is  amended  by
    50  adding a new subdivision 4 to read as follows:
    51    4.  Any  person  operating a motor vehicle involved in an accident not
    52  involving personal injury or death who moves such vehicle to a  location
    53  off  the  roadway  but as near as possible to the place where the damage
    54  occurred, so as not to obstruct the regular flow of traffic,  shall  not

        S. 2508--A                         12                         A. 3008--A

     1  be  construed  to  be  in  violation  of subdivision one of this section
     2  because of such movement.
     3    §  2.  Subdivision  2  of section 15 of the highway law, as amended by
     4  chapter 1110 of the laws of 1971, is amended to read as follows:
     5    2. The commissioner [of transportation],  a  police  officer,  or  any
     6  person  acting  at the direction of the commissioner or a police officer
     7  shall have the power to cause the immediate removal, from the  right  of
     8  way  of  any  state  highway,  of  any  vehicle,  cargo, or debris which
     9  obstructs or interferes with the use of such a highway for public  trav-
    10  el;  or  which  obstructs  or  interferes  with the construction, recon-
    11  struction or maintenance of such a highway; or which obstructs or inter-
    12  feres with the clearing or removal of snow or ice from such  a  highway;
    13  or which obstructs or interferes with any operation of the department of
    14  transportation during a public emergency.  The commissioner, or a police
    15  officer,  or any person acting at the direction of the commissioner or a
    16  police officer, shall not be liable for  any  damage  to  such  vehicle,
    17  cargo,  or  debris, unless such removal was carried out in a reckless or
    18  grossly negligent manner.
    19    § 3. This act shall take effect immediately.

    20                                  SUBPART C

    21    Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
    22  cle and traffic law, as amended by chapter 333 of the laws of  2010,  is
    23  amended to read as follows:
    24    1.  A  driver of a motor vehicle who causes physical injury as defined
    25  in article ten of the penal law to a pedestrian or bicyclist while fail-
    26  ing to exercise due  care  in  violation  of  subdivision  (a)  of  this
    27  section, shall be guilty of a traffic infraction punishable by a fine of
    28  not more than [five hundred] one thousand dollars or by imprisonment for
    29  not more than fifteen days or by both such fine and imprisonment.
    30    § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
    31  traffic  law,  as amended by chapter 333 of the laws of 2010, is amended
    32  to read as follows:
    33    1. A driver of a motor vehicle who causes serious physical  injury  as
    34  defined  in  article  ten  of the penal law to a pedestrian or bicyclist
    35  while failing to exercise due care in violation of  subdivision  (a)  of
    36  this  section,  shall  be guilty of a traffic infraction punishable by a
    37  fine of not more than [seven hundred fifty] one  thousand  five  hundred
    38  dollars or by imprisonment for not more than fifteen days or by required
    39  participation  in a motor vehicle accident prevention course pursuant to
    40  paragraph (e-1) of subdivision two of section 65.10 of the penal law  or
    41  by  any combination of such fine, imprisonment or course, and by suspen-
    42  sion of a license or registration pursuant to subparagraph (xiv) or (xv)
    43  of paragraph b of subdivision two of section five hundred  ten  of  this
    44  chapter.
    45    §  3.  Subdivision (d) of section 1146 of the vehicle and traffic law,
    46  as amended by chapter 333 of the laws of 2010, is  amended  to  read  as
    47  follows:
    48    (d) A violation of subdivision (b) or (c) of this section committed by
    49  a  person  who  has  previously  been convicted of any violation of such
    50  subdivisions within the preceding five years, shall constitute a class B
    51  misdemeanor punishable by a fine of not more  than  [one]  two  thousand
    52  dollars in addition to any other penalties provided by law.
    53    § 4. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.

        S. 2508--A                         13                         A. 3008--A

     1                                  SUBPART D

     2    Section  1.    The  vehicle and traffic law is amended by adding a new
     3  section 1221-a to read as follows:
     4    § 1221-a. Work zone safety and outreach. The governor's traffic safety
     5  committee, upon consultation with the  commissioner  of  transportation,
     6  the  superintendent of state police, the commissioner of motor vehicles,
     7  the chairman of the New York state thruway authority, local law enforce-
     8  ment agencies, and representatives for contractors and  laborers,  shall
     9  design and implement a public education and outreach program to increase
    10  motorist  awareness  of  the  importance of highway work zone safety, to
    11  reduce the number of work zone incidents, including speeding,  unauthor-
    12  ized intrusions into work zones, and any conduct resulting in threats or
    13  injuries to highway workers, and to increase and promote work zone safe-
    14  ty.
    15    § 2.  This act shall take effect immediately.
    16    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    17  sion,  section, subpart or part of this act shall be adjudged by a court
    18  of competent jurisdiction to be invalid, such judgment shall not affect,
    19  impair, or invalidate the remainder thereof, but shall  be  confined  in
    20  its  operation to the clause, sentence, paragraph, subdivision, section,
    21  subpart or part thereof directly involved in the  controversy  in  which
    22  such  judgment shall have been rendered. It is hereby declared to be the
    23  intent of the legislature that this act would have been enacted even  if
    24  such invalid provisions had not been included herein.
    25    §  3.  This act shall take effect immediately, provided, however, that
    26  the applicable effective date of Subparts A through D of this act  shall
    27  be as specifically set forth in the last section of such Subparts.

    28                                   PART C

    29    Section 1. Subdivision 1 of section 359 of the public authorities law,
    30  as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
    31  amended to read as follows:
    32    1.  On assuming jurisdiction of a thruway section or connection or any
    33  part thereof, or of a highway connection, the  authority  shall  proceed
    34  with  the  construction, reconstruction or improvement thereof. All such
    35  work shall be done pursuant to a contract or contracts  which  shall  be
    36  let  to  the  lowest  responsible  bidder,  by sealed proposals publicly
    37  opened, or by electronically secure proposal submission as permitted  by
    38  the  authority  and  electronically posted for public view, after public
    39  advertisement and upon such terms and conditions as the authority  shall
    40  require;  provided,  however,  that the authority may reject any and all
    41  proposals and may advertise for new proposals, as herein provided, if in
    42  its opinion, the  best  interests  of  the  authority  will  thereby  be
    43  promoted; provided further, however, that at the request of the authori-
    44  ty,  all  or  any  portion  of  such work, together with any engineering
    45  required by the authority in connection therewith, shall be performed by
    46  the commissioner and his subordinates in the department  of  transporta-
    47  tion as agents for, and at the expense of, the authority.
    48    § 2. This act shall take effect immediately.

    49                                   PART D

        S. 2508--A                         14                         A. 3008--A

     1    Section  1. Section 359-a of the public authorities law, as amended by
     2  section 7 of part TT of chapter 54 of the laws of 2016,  is  amended  to
     3  read as follows:
     4    §  359-a.  Procurement  contracts. For the purposes of section twenty-
     5  eight hundred seventy-nine of this chapter as applied to the  authority,
     6  the term "procurement contract" shall mean any written agreement for the
     7  acquisition  of  goods  or  services of any kind by the authority in the
     8  actual or estimated amount of [fifteen] fifty thousand dollars or more.
     9    § 2. This act shall take effect immediately.

    10                                   PART E

    11    Section 1. Subdivision 3 of section 165.15 of the penal law is amended
    12  to read as follows:
    13    3. With intent to obtain railroad, subway, bus, air, taxi or any other
    14  public transportation service or to use any toll highway, parkway, road,
    15  bridge or tunnel or to enter or remain in the  tolled  central  business
    16  district  described in section seventeen hundred four of the vehicle and
    17  traffic law without payment of the lawful charge or toll therefor, or to
    18  avoid payment of the lawful  charge  or  toll  for  such  transportation
    19  service  which  has  been  rendered to him or her or for such use of any
    20  toll highway, parkway, road, bridge or tunnel or for  such  entering  or
    21  remaining in such tolled central business district, he or she obtains or
    22  attempts  to  obtain  such  service or to use any toll highway, parkway,
    23  road, bridge or tunnel or to enter or remain in a tolled  central  busi-
    24  ness  district or avoids or attempts to avoid payment therefor by force,
    25  intimidation, stealth, deception or mechanical tampering, or by unjusti-
    26  fiable failure or refusal to pay; or
    27    § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle  and
    28  traffic  law,  as amended by chapter 109 of the laws of 2005, is amended
    29  and a new paragraph (c) is added to read as follows:
    30    (b) Number plates shall be kept clean and in a condition so as  to  be
    31  easily readable and shall not be covered by glass or any plastic materi-
    32  al,  and shall not be knowingly covered or coated with any artificial or
    33  synthetic material or substance that conceals or  obscures  such  number
    34  plates  or that distorts a recorded or photographic image of such number
    35  plates, and the view of such number plates shall not  be  obstructed  by
    36  any  part  of  the vehicle or by anything carried thereon[, except for a
    37  receiver-transmitter issued by a  publicly  owned  tolling  facility  in
    38  connection  with electronic toll collection when such receiver-transmit-
    39  ter is affixed to the exterior of a vehicle in accordance with  mounting
    40  instructions provided by the tolling facility].
    41    (c)  It  shall  be unlawful for any person to operate, drive or park a
    42  motor vehicle on a toll highway, bridge and/or tunnel facility or  enter
    43  or  remain  in the tolled central business district described in section
    44  seventeen hundred four of this chapter, under the  jurisdiction  of  the
    45  tolling  authority,  if  such  number  plate is not easily readable, nor
    46  shall any number plate be covered by glass or any plastic material,  and
    47  shall not be knowingly covered or coated with any artificial or synthet-
    48  ic  material  or substance that conceals or obscures such number plates,
    49  or that distorts a recorded or photographic image of such number plates,
    50  and the view of such number plates shall not be obstructed by  any  part
    51  of  the  vehicle  or by anything carried thereon, except for a receiver-
    52  transmitter issued by a publicly owned tolling authority  in  connection
    53  with  electronic  toll  collection  when  such  receiver-transmitter  is
    54  affixed to the  exterior  of  a  vehicle  in  accordance  with  mounting

        S. 2508--A                         15                         A. 3008--A

     1  instructions  provided  by  the tolling authority.  For purposes of this
     2  paragraph, "tolling authority" shall mean every public  authority  which
     3  operates  a  toll  highway,  bridge  and/or tunnel or a central business
     4  district  tolling  program as well as the Port Authority of New York and
     5  New Jersey, a bi-state agency created by compact set  forth  in  chapter
     6  one  hundred  fifty-four  of the laws of nineteen hundred twenty-one, as
     7  amended.
     8    § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
     9  amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
    10  648 of the laws of 2006, is amended to read as follows:
    11    8. The violation of this section shall be punishable by a fine of  not
    12  less  than  twenty-five  nor  more  than  two hundred dollars except for
    13  violations of paragraph (c) of subdivision one  of  this  section  which
    14  shall be punishable by a fine of not less than one hundred nor more than
    15  five hundred dollars.
    16    §  4.   This act shall take effect on the ninetieth day after it shall
    17  have become a law.

    18                                   PART F

    19    Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of  section  1209  of  the
    20  public authorities law are REPEALED.
    21    §  2.  Paragraphs  (a) and (b) of subdivision 7 of section 1209 of the
    22  public authorities law, as amended by section 3 of subpart C of part ZZZ
    23  of chapter 59 of the laws of 2019, are amended to read as follows:
    24    (a) Except  as  otherwise  provided  in  this  section,  all  purchase
    25  contracts  for  supplies,  materials or equipment involving an estimated
    26  expenditure in excess of one  million  dollars  and  all  contracts  for
    27  public  work involving an estimated expenditure in excess of one million
    28  dollars shall be awarded by the  authority  to  the  lowest  responsible
    29  bidder  after  obtaining  [sealed]  bids  in  the manner hereinafter set
    30  forth. The aforesaid shall not apply to contracts for  personal,  archi-
    31  tectural,  engineering or other professional services. The authority may
    32  reject all bids and obtain new bids  in  the  manner  provided  by  this
    33  section  when  it is deemed in the public interest to do so or, in cases
    34  where two or more responsible bidders submit identical  bids  which  are
    35  the lowest bids, award the contract to any of such bidders or obtain new
    36  bids  from  such bidders.   Nothing in this paragraph shall obligate the
    37  authority to seek new bids after the rejection of bids or after  cancel-
    38  lation  of  an invitation to bid. Nothing in this section shall prohibit
    39  the evaluation of bids on the basis of costs or savings  including  life
    40  cycle  costs  of  the  item  to  be purchased, discounts, and inspection
    41  services so long as the invitation to  bid  reasonably  sets  forth  the
    42  criteria  to  be  used  in  evaluating such costs or savings. Life cycle
    43  costs may include but shall not be limited to costs or  savings  associ-
    44  ated  with  installation, energy use, maintenance, operation and salvage
    45  or disposal.
    46    (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
    47  apply  to  the authority's acquisition of goods or services of any kind,
    48  in the actual or estimated amount of fifteen thousand dollars  or  more,
    49  provided  that  (i)  a  contract for services in the actual or estimated
    50  amount of one million dollars or less shall not require approval by  the
    51  board of the authority regardless of the length of the period over which
    52  the  services  are  rendered,  and  provided further that a contract for
    53  services in the actual or estimated amount  in  excess  of  one  million
    54  dollars  shall require approval by the board of the authority regardless

        S. 2508--A                         16                         A. 3008--A

     1  of the length of the period over which the services are rendered  unless
     2  such  a  contract  is  awarded  to  the  lowest responsible bidder after
     3  obtaining [sealed] bids and (ii) the  board  of  the  authority  may  by
     4  resolution  adopt  guidelines  that  authorize the award of contracts to
     5  small business concerns, to service disabled  veteran  owned  businesses
     6  certified  pursuant  to  article  seventeen-B  of  the executive law, or
     7  minority or women-owned business enterprises certified pursuant to arti-
     8  cle fifteen-A of the executive law, or purchases of goods or  technology
     9  that  are  recycled  or  remanufactured,  in an amount not to exceed one
    10  million dollars without a formal competitive process and without further
    11  board approval. The board of the authority shall adopt guidelines  which
    12  shall be made publicly available for the awarding of such contract with-
    13  out a formal competitive process.
    14    §  3.  Paragraphs  (a) and (b) of subdivision 8 of section 1209 of the
    15  public authorities law, paragraph (a) as amended by chapter 725  of  the
    16  laws  of  1993  and paragraph (b) as added by chapter 929 of the laws of
    17  1986, are amended to read as follows:
    18    (a) Advertisement for bids, when required by this  section,  shall  be
    19  published  at  least  once in [a newspaper of general circulation in the
    20  area served by the authority and in] the procurement opportunities news-
    21  letter published pursuant to article four-C of the economic  development
    22  law  provided  that, notwithstanding the provisions of article four-C of
    23  the economic development law, an advertisement shall  only  be  required
    24  when  required  by  this section. Publication in [a newspaper of general
    25  circulation in the area served  or  in]  the  procurement  opportunities
    26  newsletter  shall  not  be  required if bids for contracts for supplies,
    27  materials or equipment are of a type regularly purchased by the authori-
    28  ty and are to be solicited from a list of potential suppliers,  if  such
    29  list is or has been developed consistent with the provisions of subdivi-
    30  sion  eleven  of  this  section.  Any such advertisement shall contain a
    31  statement of: (i) the time [and place  where]  by  which  bids  received
    32  pursuant to any notice requesting [sealed] bids [will be publicly opened
    33  and  read]  shall be submitted; (ii) the name of the contracting agency;
    34  (iii) the contract identification number; (iv) a  brief  description  of
    35  the  public work, supplies, materials, or equipment sought, the location
    36  where work is to be performed, goods are to  be  delivered  or  services
    37  provided  and the contract term; (v) the [address where] manner in which
    38  bids or proposals are to be  submitted;  (vi)  the  date  when  bids  or
    39  proposals  are due; (vii) a description of any eligibility or qualifica-
    40  tion requirement or preference; (viii) a statement  as  to  whether  the
    41  contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
    42  venture, or co-production arrangement; (ix) any other information deemed
    43  useful to potential contractors; and (x) the name,  address,  and  tele-
    44  phone  number  of the person to be contacted for additional information.
    45  At least [fifteen] ten business days  shall  elapse  between  the  first
    46  publication  of  such  advertisement or the solicitation of bids, as the
    47  case may be, and the date of opening and reading of bids.
    48    (b) The authority may designate any officer or employee to  [open  the
    49  bids  at  the  time and place bids are to be opened and may designate an
    50  officer to] award the contract to the lowest responsible  bidder.  [Such
    51  designee  shall make a record of all bids in such form and detail as the
    52  authority shall prescribe.] All bids [received] shall be received either
    53  through an electronic bidding platform  and  electronically  posted  for
    54  public  view,  or  publicly  opened and read, in either case at the time
    55  [and], place and in the manner specified in the advertisement or  speci-
    56  fied at the time of solicitation, or to which the opening and reading or

        S. 2508--A                         17                         A. 3008--A

     1  posting have been adjourned by the authority. All bidders shall be noti-
     2  fied  of  the  time  and place of any such adjournment.  The authority's
     3  designated officer or employee shall make a record of all bids  in  such
     4  form and detail as the authority shall prescribe.
     5    §  4.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
     6  authorities law, as added by chapter 929 of the laws of 1986, is amended
     7  to read as follows:
     8    (e) the item is available  through  an  existing  contract  between  a
     9  vendor  and  [(i)  another  public  authority  provided  that such other
    10  authority utilized a process of competitive  bidding  or  a  process  of
    11  competitive  requests  for  proposals to award such contract or (ii) the
    12  state of New York or the city of New York,] any  department,  agency  or
    13  instrumentality  of  the United States government and/or any department,
    14  agency, office, political subdivision or instrumentality of any state or
    15  states provided that in any case when the authority under this paragraph
    16  determines that obtaining such item  thereby  would  be  in  the  public
    17  interest and sets forth the reasons for such determination. The authori-
    18  ty  shall accept sole responsibility for any payment due the vendor as a
    19  result of the authority's order; or
    20    § 5. The opening paragraph of subdivision 9   of section 1209  of  the
    21  public  authorities law is amended to read as follows:  9. Notwithstand-
    22  ing the foregoing, the authority may, by resolution approved by  a  two-
    23  thirds  vote  of its members then in office or by a majority vote of its
    24  members with respect to contracts proposed to be let pursuant  to  para-
    25  graph  (a)  of  this  subdivision,  declare  that competitive bidding is
    26  impractical or inappropriate because of the  existence  of  any  of  the
    27  circumstances  hereinafter  set  forth  and thereafter the authority may
    28  proceed to award contracts without complying with  the  requirements  of
    29  subdivision  seven  or  eight  of this section[.]  provided that for any
    30  design-build contract to be awarded pursuant to paragraph  (f)  of  this
    31  subdivision  no  such  prior  declaration  that  competitive  bidding is
    32  impractical or inappropriate shall be required. In each case  where  the
    33  authority  declares competitive bidding impractical or inappropriate, it
    34  shall state the reason therefor in writing  and  summarize  any  negoti-
    35  ations  that  have been conducted. Except for contracts awarded pursuant
    36  to paragraphs (a), (b), (c) and (e) of this subdivision,  the  authority
    37  shall  not  award any contract pursuant to this subdivision earlier than
    38  thirty days from the date on which the authority declares  that  compet-
    39  itive  bidding  is impractical or inappropriate. Competitive bidding may
    40  only be declared impractical or inappropriate where:
    41    § 6. Subdivision 10 of section 1209 of the public authorities law,  as
    42  added by chapter 929 of the laws of 1986, is amended to read as follows:
    43    10.  Upon  the  adoption of a resolution by the authority stating, for
    44  reasons of efficiency, economy, compatibility or  maintenance  reliabil-
    45  ity,  that there is a need for standardization, the authority may estab-
    46  lish procedures whereby particular supplies, materials or equipment  are
    47  identified  on  a qualified products list. Such procedures shall provide
    48  for products or vendors to be added to or deleted  from  such  list  and
    49  shall include provisions for public advertisement of the manner in which
    50  such  lists  are  compiled. The authority shall review such list no less
    51  than [twice] once a year for the purpose of making modifications  there-
    52  to.    Contracts for particular supplies, materials or equipment identi-
    53  fied on a qualified products list may be awarded by the authority to the
    54  lowest responsible bidder after obtaining [sealed]  bids  in  accordance
    55  with this section or without competitive [sealed] bids in instances when
    56  the item is available from only a single source, except that the author-

        S. 2508--A                         18                         A. 3008--A

     1  ity  may  dispense with advertising provided that it mails copies of the
     2  invitation to bid to all vendors of the particular item on the qualified
     3  products list.
     4    §  7. Subdivision 1 of section 1265-a of the public authorities law is
     5  REPEALED.
     6    § 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of  the
     7  public  authorities  law, as amended by section 3-a of subpart C of part
     8  ZZZ of chapter 59 of the laws of 2019, are amended to read as follows:
     9    (a) Except  as  otherwise  provided  in  this  section,  all  purchase
    10  contracts  for  supplies,  materials or equipment involving an estimated
    11  expenditure in excess of one  million  dollars  and  all  contracts  for
    12  public  work involving an estimated expenditure in excess of one million
    13  dollars shall be awarded by the  authority  to  the  lowest  responsible
    14  bidder  after  obtaining  [sealed]  bids  in  the manner hereinafter set
    15  forth.  For purposes hereof, contracts for  public  work  shall  exclude
    16  contracts  for  personal, engineering and architectural, or professional
    17  services.  The authority may reject all bids and obtain new bids in  the
    18  manner provided by this section when it is deemed in the public interest
    19  to do so or, in cases where two or more responsible bidders submit iden-
    20  tical  bids which are the lowest bids, award the contract to any of such
    21  bidders or obtain new bids from such bidders. Nothing in this  paragraph
    22  shall  obligate  the  authority  to seek new bids after the rejection of
    23  bids or after cancellation of an invitation  to  bid.  Nothing  in  this
    24  section  shall  prohibit the evaluation of bids on the basis of costs or
    25  savings including  life  cycle  costs  of  the  item  to  be  purchased,
    26  discounts,  and  inspection  services  so  long as the invitation to bid
    27  reasonably sets forth the criteria to be used in evaluating  such  costs
    28  or  savings.  Life  cycle  costs may include but shall not be limited to
    29  costs or savings associated with installation, energy use,  maintenance,
    30  operation and salvage or disposal.
    31    (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
    32  apply to the authority's acquisition of goods or services of  any  kind,
    33  in  the  actual or estimated amount of fifteen thousand dollars or more,
    34  provided (i) that a contract for services in  the  actual  or  estimated
    35  amount  of one million dollars or less shall not require approval by the
    36  board of the authority regardless of the length of the period over which
    37  the services are rendered, and provided  further  that  a  contract  for
    38  services  in  the  actual  or  estimated amount in excess of one million
    39  dollars shall require approval by the board of the authority  regardless
    40  of  the length of the period over which the services are rendered unless
    41  such a contract is  awarded  to  the  lowest  responsible  bidder  after
    42  obtaining  [sealed]  bids,  and  (ii)  the board of the authority may by
    43  resolution adopt guidelines that authorize the  award  of  contracts  to
    44  small  business  concerns,  to service disabled veteran owned businesses
    45  certified pursuant to article  seventeen-B  of  the  executive  law,  or
    46  minority or women-owned business enterprises certified pursuant to arti-
    47  cle  fifteen-A of the executive law, or purchases of goods or technology
    48  that are recycled or remanufactured, in an  amount  not  to  exceed  one
    49  million dollars without a formal competitive process and without further
    50  board  approval. The board of the authority shall adopt guidelines which
    51  shall be made publicly available for the awarding of such contract with-
    52  out a formal competitive process.
    53    § 9. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of  the
    54  public  authorities  law, paragraph (a) as amended by chapter 494 of the
    55  laws of 1990 and paragraph (b) as added by chapter 929 of  the  laws  of
    56  1986, are amended to read as follows:

        S. 2508--A                         19                         A. 3008--A

     1    (a)  Advertisement  for  bids, when required by this section, shall be
     2  published at least once in [a newspaper of general  circulation  in  the
     3  area 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  for  a  purchase  contract  for  supplies,  materials  or equipment when
     8  required by this section. Publication in [a newspaper of general  circu-
     9  lation  in the area served or in] the procurement opportunities newslet-
    10  ter shall not be required if bids for contracts for supplies,  materials
    11  or  equipment are of a type regularly purchased by the authority and are
    12  to be solicited from a list of potential suppliers, if such list  is  or
    13  has  been developed consistent with the provisions of subdivision six of
    14  this section. Any such advertisement shall contain a statement  of:  (i)
    15  the time [and place where] by which bids received pursuant to any notice
    16  requesting  [sealed]  bids  [will  be publicly opened and read] shall be
    17  submitted; (ii) the name of the contracting agency; (iii)  the  contract
    18  identification  number;  (iv)  a  brief  description of the public work,
    19  supplies, materials, or equipment sought, the location where work is  to
    20  be  performed,  goods  are  to be delivered or services provided and the
    21  contract term; (v) the [address where] manner in which bids or proposals
    22  are to be submitted; (vi) the date when bids or proposals are due; (vii)
    23  a description of any eligibility or qualification requirement or prefer-
    24  ence; (viii) a statement as to whether the contract requirements may  be
    25  fulfilled  by a subcontracting, joint venture, or co-production arrange-
    26  ment; (ix) any other information deemed useful to potential contractors;
    27  and (x) the name, address, and telephone number  of  the  person  to  be
    28  contacted  for  additional  information. At least [fifteen] ten business
    29  days shall elapse between the first publication of such advertisement or
    30  the solicitation of bids, as the case may be, and the  date  of  opening
    31  and reading of bids.
    32    (b)  The  authority may designate any officer or employee to [open the
    33  bids at the time and place bids are to be opened and  may  designate  an
    34  officer  to]  award the contract to the lowest responsible bidder. [Such
    35  designee shall make a record of all bids in such form and detail as  the
    36  authority shall prescribe.] All bids [received] shall be received either
    37  through  an  electronic  bidding  platform and electronically posted for
    38  public view, or publicly opened and read, in either case  at  the  time,
    39  [and]  place  and in the manner specified in the advertisement or at the
    40  time of solicitation, or to which the opening  and  reading  or  posting
    41  have  been  adjourned by the authority. All bidders shall be notified of
    42  the time and place of any such adjournment. The  authority's  designated
    43  officer  or  employee  shall  make a record of all bids in such form and
    44  detail as the authority shall prescribe.
    45    § 10. Paragraph (e) of subdivision 4 of section 1265-a of  the  public
    46  authorities law, as added by chapter 929 of the laws of 1986, is amended
    47  to read as follows:
    48    (e)  the  item  is  available  through  an existing contract between a
    49  vendor and [(i)  another  public  authority  provided  that  such  other
    50  authority  utilized  a  process  of  competitive bidding or a process of
    51  competitive requests for proposals  to  award  such  contracts  or  (ii)
    52  Nassau  county,  or  (iii) the state of New York or (iv) the city of New
    53  York] any department, agency or instrumentality  of  the  United  States
    54  government  and/or any department, agency, office, political subdivision
    55  or instrumentality of any state or states, provided  that  in  any  case
    56  when  under  this paragraph the authority determines that obtaining such

        S. 2508--A                         20                         A. 3008--A

     1  item thereby would be in the public interest and sets forth the  reasons
     2  for  such  determination. The authority shall accept sole responsibility
     3  for any payment due the vendor as a result of the authority's order; or
     4    §  11. The opening paragraph of subdivision 4 of section 1265-a of the
     5  public authorities law is amended to read as follows:
     6    4. Notwithstanding the foregoing, the  authority  may,  by  resolution
     7  approved by a two-thirds vote of its members then in office or by major-
     8  ity  vote  of  its  members with respect to contracts proposed to be let
     9  pursuant to paragraph (a) of this subdivision declare, that  competitive
    10  bidding  is impractical or inappropriate because of the existence of any
    11  of the circumstances hereinafter set forth and thereafter the  authority
    12  may  proceed  to award contracts without complying with the requirements
    13  of subdivision seven or eight of this section[.] provided that  for  any
    14  design-build  contract  to  be awarded pursuant to paragraph (f) of this
    15  subdivision no  such  prior  declaration  that  competitive  bidding  is
    16  impractical  or  inappropriate shall be required. In each case where the
    17  authority declares competitive bidding impractical or inappropriate,  it
    18  shall  state  the  reason  therefor in writing and summarize any negoti-
    19  ations that have been conducted. Except for contracts  awarded  pursuant
    20  to  paragraphs  (a), (b), (c) and (e) of this subdivision, the authority
    21  shall not award any contract pursuant to this subdivision  earlier  than
    22  thirty  days  from the date on which the authority declares that compet-
    23  itive bidding is impractical or inappropriate. Competitive  bidding  may
    24  only be declared impractical or inappropriate where:
    25    §  12.  Subdivision 5 of section 1265-a of the public authorities law,
    26  as added by chapter 929 of the laws of  1986,  is  amended  to  read  as
    27  follows:
    28    5.  Upon  the  adoption  of a resolution by the authority stating, for
    29  reasons of efficiency, economy, compatibility or  maintenance  reliabil-
    30  ity,  that there is a need for standardization, the authority may estab-
    31  lish procedures whereby particular supplies, materials or equipment  are
    32  identified  on  a qualified products list. Such procedures shall provide
    33  for products or vendors to be added to or deleted  from  such  list  and
    34  shall include provisions for public advertisement of the manner in which
    35  such  lists  are  compiled. The authority shall review such list no less
    36  than [twice] once a year for the purpose of making  such  modifications.
    37  Contracts  for particular supplies, materials or equipment identified on
    38  a qualified products list may be awarded by the authority to the  lowest
    39  responsible bidder after obtaining [sealed] bids in accordance with this
    40  section  or without competitive [sealed] bids in instances when the item
    41  is available from only a single source, except that  the  authority  may
    42  dispense  with  advertising provided that it mails copies of the invita-
    43  tion to bid to all vendors of  the  particular  item  on  the  qualified
    44  products list.
    45    §  13. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
    46  ing the public authorities law relating to procurements by the New  York
    47  City transit authority and the metropolitan transportation authority, is
    48  amended to read as follows:
    49    § 14. This act shall take effect immediately[, and shall expire and be
    50  deemed repealed April 1, 2021].
    51    § 15. This act shall take effect immediately.

    52                                   PART G
    53    Section  1.  Section  1266 of the public authorities law is amended by
    54  adding two new subdivisions 12-b and 12-c to read as follows:

        S. 2508--A                         21                         A. 3008--A

     1    12-b. Whenever  in  connection  with  the  improvement,  construction,
     2  reconstruction or rehabilitation of a transportation facility or a tran-
     3  sit facility the authority determines that the pipes, mains, conduits or
     4  other  infrastructure of any public service corporation and any fixtures
     5  and appliances connected therewith or attached thereto shall be removed,
     6  relocated  or  otherwise  protected  or  replaced, either temporarily or
     7  permanently, hereinafter referred to as "the required utility work", the
     8  following provisions shall apply:
     9    (a) Except as provided in  paragraph  (c)  of  this  subdivision,  the
    10  public  service corporation shall design and perform all of the required
    11  utility work within a number of days after receipt  of  the  authority's
    12  construction  plans,  which  number  of  days shall be determined by the
    13  authority after consultation with the public  service  corporation.  The
    14  cost of such required utility work, including the design, shall be borne
    15  solely by the public service corporation.
    16    (b)  In  designing  and performing the required utility work, a public
    17  service corporation shall not create the need for another public service
    18  corporation to remove or relocate its pipes, mains,  conduits  or  other
    19  infrastructure without the agreement of the authority.
    20    (c) The authority may opt to perform some or all of the required util-
    21  ity  work  on  its  own  or  by  a contract or other arrangement. If the
    22  authority opts to perform some or all of the required utility work,  the
    23  authority  may  also  opt  to  provide the design for such work.  If the
    24  authority opts to perform some or all of the required utility work,  the
    25  public service corporation shall perform the portion of the utility work
    26  not performed by the authority and shall reimburse the authority for the
    27  authority's  actual cost to perform the utility work, including the cost
    28  of the design done by the authority. If the authority  designs  some  or
    29  all  of  the  required utility work, such design shall be subject to the
    30  review and approval of the public service corporation, which  shall  not
    31  be  unreasonably  withheld.  Such review and approval shall be completed
    32  within twenty-one calendar days, or within such other period of time  as
    33  may  be  determined  by the authority after consultation with the public
    34  service corporation.
    35    12-c. Whenever  in  connection  with  the  improvement,  construction,
    36  reconstruction or rehabilitation of a transportation facility or transit
    37  facility  the  authority  determines that the water or sewer infrastruc-
    38  ture, including pipes or mains, street lighting, traffic signal systems,
    39  emergency call boxes and associated infrastructure of the  city  of  New
    40  York  and  any  fixtures  and appliances connected therewith or attached
    41  thereto must be removed, relocated, or otherwise protected or  replaced,
    42  either  temporarily  or  permanently,  hereinafter  referred  to as "the
    43  required city work", the following provisions shall apply:
    44    (a) The city of New  York  shall  provide  any  approvals  or  permits
    45  required  by  the  authority  for  the  required city work within thirty
    46  calendar days of submission by the authority of its  construction  plans
    47  or within such other period of time as may be determined by the authori-
    48  ty after consultation with the city of New York.
    49    (b) The authority shall pay the cost of the required city work and the
    50  cost  of  upgrading the water or sewer infrastructure to comply with the
    51  current standards of the city of New York for materials and capacity  as
    52  determined  by  the  current  service being provided; provided, however,
    53  that the city of New York shall not demand that  the  authority  provide
    54  for  anticipated future service increases or any other betterments with-
    55  out the authority's agreement.

        S. 2508--A                         22                         A. 3008--A

     1    (c) In reviewing the authority's design for the required city work, or
     2  in providing any permits or approvals for the required  city  work,  the
     3  city  of  New York shall not create the need for a public service corpo-
     4  ration to remove or relocate its pipes, mains, conduits or other infras-
     5  tructure without the agreement of the authority.
     6    (d) The city of New York shall cooperate with the authority and public
     7  service  corporations in planning and coordinating the relocation of its
     8  own water and sewer infrastructure as well as the pipes, mains, conduits
     9  or other infrastructure of any public service corporation. The  city  of
    10  New  York  shall  not  require  the  removal or relocation of additional
    11  public service corporation pipes, mains, conduits or  other  infrastruc-
    12  ture beyond the minimum required to accommodate the required work.
    13    § 2. This act shall take effect immediately.

    14                                   PART H

    15    Section  1.  Subdivision  12 of section 1266 of the public authorities
    16  law, as added by chapter 314 of the laws of 1981, is amended to read  as
    17  follows:
    18    12. The authority may, for itself or upon request of the New York city
    19  transit  authority, upon suitable notice to and an offer to consult with
    20  an officer designated by the city of New York, occupy the streets of the
    21  city of New York for the purpose of doing  any  work  either  by  itself
    22  directly  or by another for its benefit via contract, easement agreement
    23  or other such agreement [any work] over or under the same in  connection
    24  with  the improvement, construction, reconstruction or rehabilitation of
    25  a transportation facility without the consent  of  or  payment  to  such
    26  city[.], notwithstanding that the city has previously permitted any such
    27  portion  of such streets to be occupied by another.  For the purposes of
    28  this subdivision, a "transportation facility" shall include  a  stairway
    29  entrance,  elevator, escalator or other vertical transportation connect-
    30  ing to a subway station or any other transit improvement that  is  being
    31  renovated,  relocated  or  constructed  for  the  benefit of and under a
    32  contract, easement agreement or other agreement with  the  authority  or
    33  the New York city transit authority pursuant to the zoning resolution of
    34  the city of New York or otherwise.
    35    § 2. This act shall take effect immediately.

    36                                   PART I

    37    Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
    38  rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
    39  to read as follows:
    40    11. With intent to cause physical injury to a train  operator,  ticket
    41  inspector, conductor, signalperson, bus operator, station agent, station
    42  cleaner,  terminal  cleaner,  station  customer  assistant; person whose
    43  official duties include the  sale  or  collection  of  tickets,  passes,
    44  vouchers,  or  other  fare  payment  media for use on a  train or bus; a
    45  person  whose  official  duties   include   the   maintenance,   repair,
    46  inspection,  troubleshooting,  testing  or  cleaning of a transit signal
    47  system, elevated or underground subway tracks,  transit  station  struc-
    48  ture,  commuter  rail  tracks  or stations, train yard, revenue train in
    49  passenger service, bus while on the road, or a train or bus  station  or
    50  terminal;  or a supervisor of such personnel, employed by any transit or
    51  commuter railroad agency, authority or company, public or private, whose
    52  operation is authorized by New York state or any of its political subdi-

        S. 2508--A                         23                         A. 3008--A

     1  visions, a city marshal, a school crossing guard appointed  pursuant  to
     2  section  two  hundred  eight-a  of  the general municipal law, a traffic
     3  enforcement officer, traffic enforcement agent, prosecutor as defined in
     4  subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
     5  sanitation enforcement agent, New York city  sanitation  worker,  public
     6  health  sanitarian,  New  York city public health sanitarian, registered
     7  nurse, licensed practical nurse, emergency medical service paramedic, or
     8  emergency medical service technician, he or she causes  physical  injury
     9  to  such  train operator, ticket inspector, conductor, signalperson, bus
    10  operator, station agent,  station  cleaner,  terminal  cleaner,  station
    11  customer  assistant;  person  whose  official duties include the sale or
    12  collection of tickets, passes, vouchers or other fare payment media  for
    13  use on a  train or bus; a person whose official duties include the main-
    14  tenance,  repair,  inspection, troubleshooting, testing or cleaning of a
    15  transit signal system, elevated or underground  subway  tracks,  transit
    16  station structure, commuter rail tracks or stations, train yard, revenue
    17  train  in  passenger  service,  bus while on the road, or a train or bus
    18  station or terminal; or a supervisor of such  personnel,  city  marshal,
    19  school  crossing guard appointed pursuant to section two hundred eight-a
    20  of the general  municipal  law,  traffic  enforcement  officer,  traffic
    21  enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
    22  section 1.20 of the criminal procedure law, registered  nurse,  licensed
    23  practical  nurse,  public health sanitarian, New York city public health
    24  sanitarian, sanitation enforcement agent, New York city sanitation work-
    25  er, emergency medical service paramedic, or  emergency  medical  service
    26  technician,  while  such  employee is performing an assigned duty on, or
    27  directly related to, the operation of a train or  bus,  [including  the]
    28  cleaning of a train or bus station or terminal, assisting customers, the
    29  sale or collection of tickets, passes, vouchers, or other fare media for
    30  use  on  a  train  or  bus,  or maintenance of a train or bus station or
    31  terminal, signal system, elevated or underground subway tracks,  transit
    32  station structure, commuter rail tracks or stations, train yard, revenue
    33  train  in  passenger  service  or  bus  while  on the road, or such city
    34  marshal, school crossing guard,  traffic  enforcement  officer,  traffic
    35  enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
    36  section 1.20 of the criminal procedure law, registered  nurse,  licensed
    37  practical  nurse,  public health sanitarian, New York city public health
    38  sanitarian, sanitation enforcement agent, New York city sanitation work-
    39  er, emergency medical service paramedic, or  emergency  medical  service
    40  technician is performing an assigned duty; or
    41    § 2. Section 240.30 of the penal law is amended by adding a new subdi-
    42  vision 3-a to read as follows:
    43    3-a.  Strikes,  shoves, kicks, or otherwise subjects another person to
    44  physical contact, which includes spitting on such other person, and such
    45  other person is an on-duty train operator; ticket inspector;  conductor;
    46  signalperson;  bus  operator;  station  agent; station cleaner; terminal
    47  cleaner;  station  customer  assistant;  person  whose  official  duties
    48  include  the  sale  or  collection of tickets, passes, vouchers or other
    49  fare payment media for use on a train  or  bus;  person  whose  official
    50  duties  include  the  maintenance,  repair, inspection, troubleshooting,
    51  testing or cleaning of a transit signal system, elevated or  underground
    52  subway  tracks,  transit  station  structure,  commuter  rail  tracks or
    53  stations, train yard, revenue train in passenger service, bus  while  on
    54  the  road,  or train or bus station or terminal, or a supervisor of such
    55  personnel, employed by any transit or commuter railroad agency, authori-

        S. 2508--A                         24                         A. 3008--A

     1  ty or company, public or private, whose operation is authorized  by  New
     2  York state or 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. Section 1 1. Legislative intent. The  Legislature  finds  and
    35  declares all of the following:
    36    a. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer-
    37  gency in response to the Coronavirus disease (COVID-19) pandemic.  Meas-
    38  ures  necessary  to  contain  the  spread of COVID-19 have brought about
    39  widespread economic and societal disruption, placing the  state  of  New
    40  York in unprecedented circumstances.
    41    b.  COVID  19  exacerbated  the  pre-existing  imbalance of supply and
    42  demand for commercial real estate and hotels in certain  geographies  in
    43  New  York City. Many office spaces and hotel units are underutilized and
    44  vacant.
    45    c. Legislation is necessary to allow for  the  conversion  of  certain
    46  commercial real estate and hotels within specified boundaries into resi-
    47  dential housing. Converting office buildings and hotels into residential
    48  units  will  increase housing supply and thereby relieve pressure on the
    49  housing market and  reduce  rental  prices.  The  conversion  will  also

        S. 2508--A                         25                         A. 3008--A

     1  provide   needed   affordable  and  supportive  housing  within  central
     2  locations and near public transit.
     3    d.  The  conversion of commercial real estate and hotels will spur the
     4  creation of jobs in the construction and other  industries  and  aid  in
     5  remedying  the  harms to the economy caused by COVID 19. The creation of
     6  residential-work neighborhoods will provide long term economic  benefits
     7  by  bolstering  local  businesses that serve the communities.  Temporary
     8  rules upon legislative finding of special state interest. 2. Application
     9  of rule. This section shall apply to building permits  lawfully  issued,
    10  or  for which a completed application has been filed as defined by local
    11  law, on or before December thirty-first, two thousand twenty-four.
    12    3. Any building or portion of a building  erected  prior  to  December
    13  thirty-first, two thousand twenty may be converted to a class A multiple
    14  dwelling  subject to the provisions of section 277, except that subpara-
    15  graph F of subparagraph (i) of paragraph (b) of subdivision  7  of  such
    16  section shall be modified to provide that any yards or courts onto which
    17  a  window opens pursuant to such subparagraph (i) may be existing or new
    18  in a buildings of any height, without regard to any other provisions  of
    19  this chapter, other state law or any provisions of the zoning resolution
    20  of  the  city  of  New York to the contrary, but subject, however to the
    21  provisions of subdivision 4 and 5 of this section 277-a.
    22    4. Class B multiple dwellings. The provisions of  this  section  shall
    23  apply  to  any conversion of or alteration or improvement to any class B
    24  multiple dwelling operating as a hotel that prior to the date of  enact-
    25  ment  of this section was already permitted by this Article and applica-
    26  ble local law to be occupied for residential purposes in compliance with
    27  the standards of section 277.  Further, the provisions of  this  section
    28  shall only apply to hotels:  (a) comprising fewer than one hundred fifty
    29  rooms;  (b) located on tax lots in the city of New York already existing
    30  or created upon the effective date  of  this  section,  in  any  borough
    31  outside  of  Manhattan, or within Manhattan excluding the following area
    32  in the borough of Manhattan, beginning at the intersection of the United
    33  States pierhead line in the Hudson river and the center line of Chambers
    34  street extended, thence easterly to the center line of  Chambers  street
    35  and  continuing  along  the center line of Chambers street to the center
    36  line of Centre street, thence southerly along the center line of  Centre
    37  street  to the center line of the Brooklyn Bridge to the intersection of
    38  the Brooklyn Bridge and the United States  pierhead  line  in  the  East
    39  river,  thence  northerly  along  the United States pierhead line in the
    40  East river to the intersection of the United States pierhead line in the
    41  East river and the center line of One  Hundred  Tenth  street  extended,
    42  thence  westerly  to  the  center  line  of One Hundred Tenth street and
    43  continuing along the center line of One  Hundred  Tenth  street  to  its
    44  westerly  terminus,  thence  westerly  to the intersection of the center
    45  line of One Hundred Tenth street extended and the United States pierhead
    46  line in the Hudson river, thence southerly along the United States pier-
    47  head line in the Hudson river to the point of beginning; and (c)  which,
    48  upon  conversion  or  alteration  or  improvement such new use is either
    49  subject to an agreement with (i) the division of housing  and  community
    50  renewal  to  provide  a  minimum of twenty -five percent of such housing
    51  units as affordable housing, or (ii) with any state or  city  agency  to
    52  provide housing and supportive services for any population.
    53    5.  Commercial  office buildings. The provisions of this section shall
    54  apply to any conversion of or alteration or improvement to  any  commer-
    55  cial office building that prior to the date of enactment of this section
    56  was  already  permitted  by  this Article and applicable local law to be

        S. 2508--A                         26                         A. 3008--A

     1  occupied for residential purposes in compliance with  the  standards  of
     2  Section  277.    Further,  this  section  shall only apply to commercial
     3  office buildings or portion thereof (a) existing on January 1, 1980 with
     4  a valid temporary certificate of occupancy or permanent certification of
     5  occupancy;  or  (b) existing on December 31, 2020 with a valid temporary
     6  certificate of occupancy or permanent certificate of occupancy, and that
     7  is part of an estate administered pursuant to  11  U.S.C.  Title  11  or
     8  subject to receivership pursuant to CPLR section 6401(a); and (c) begin-
     9  ning  at  a point at the intersection of the extension of the south line
    10  of West 60th Street with the U.S. Pierhead Line on the east side of  the
    11  Hudson  River  and  runs thence along the extension of the south line of
    12  West 60th Street and along the south line of West 60th Street and  along
    13  the  south line of East 60th Street and along the extension of the south
    14  line of East 60th Street to the U.S. Pierhead Line on the west  side  of
    15  the  East River, thence along the U.S. Pierhead Line on the west side of
    16  the East River southerly to its intersection with the U.S. Pierhead Line
    17  on the east side of the Hudson River, thence in  a  northerly  direction
    18  along  the  U.S.   Pierhead Line on the east side of the Hudson River to
    19  the point of beginning; and (d) which, upon conversion or alteration  or
    20  improvement such new use is either subject to an agreement with: (i) the
    21  division  of housing and community renewal to provide a minimum of twen-
    22  ty-five percent of such housing units created as affordable housing,  or
    23  (ii)  with  any  state  or city agency to provide housing and supportive
    24  services for any population.
    25    6. Notwithstanding any other provision of this chapter or other  state
    26  law  to the contrary, no local zoning law ordinance, resolution or regu-
    27  lation addressing the minimum light and air standards for joint  living-
    28  work  quarters  for  artists or general residential portions of lofts or
    29  manufacturing and commercial buildings altered to residential use shall,
    30  except as set forth herein, limit the applicability of this article  to:
    31  (a)  building erected prior to December thirty-first, two thousand twen-
    32  ty; or (b) specific locations  or  districts  within  the  municipality.
    33  Notwithstanding  any law, other local zoning law, ordinance, resolution,
    34  or regulation to the contrary, the conversions described in this section
    35  are hereby authorized and to the extent any law,  ordinance,  resolution
    36  or regulation is or hereafter becomes inconsistent with the provision of
    37  this  Section,  such  law, ordinance, resolution or regulation is hereby
    38  repealed pursuant to Section 365.
    39    §2. Section 301 of the multiple dwelling law is amended  by  adding  a
    40  new paragraph 7 to read as follows:
    41    Any  certificate by the department authorizing occupancy of a dwelling
    42  as a Class B hotel shall also  authorize  occupancy  of  units  in  such
    43  dwelling  for permanent residence purposes, where such units are subject
    44  to an agreement with the division of housing and community renewal or  a
    45  state  or  city  agency  to  provide  housing  and  supportive services,
    46  notwithstanding any provision of this chapter or of any state law, local
    47  law, ordinance, resolution or regulation that would have: (i) prohibited
    48  such occupancy, (ii) required a change or alteration to the dwelling  or
    49  (iii) required a new or amended certificate.
    50    §3.  The  commissioner  of  the New York State division of housing and
    51  community renewal may promulgate  regulations  and  rules  necessary  to
    52  effectuate  this  act.   Such regulations may include the definition and
    53  determination of affordable or supportive housing and the length of time
    54  such housing needs to remain affordable or supportive.
    55    § 4. This act shall take effect immediately and shall expire  December
    56  31,  2024 when upon such date the provisions of this act shall be deemed

        S. 2508--A                         27                         A. 3008--A

     1  repealed, provided however, that no variance shall be required to obtain
     2  a certificate of occupancy if such building satisfied the provisions  of
     3  this act upon commencement, nor shall any other administrative action be
     4  required upon completion should this provision have otherwise expired.

     5                                   PART M

     6    Section  1.  Section  3  of  part S of chapter 58 of the laws of 2016,
     7  relating to transferring the statutory authority for the promulgation of
     8  marketing orders from the department of agriculture and markets  to  the
     9  New York state urban development corporation, as amended by section 1 of
    10  part Y of chapter 58 of the laws of 2018, is amended to read as follows:
    11    §  3.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law [and shall expire and  be  deemed  repealed  July  31,
    13  2021]; provided, however, that any assessment due and payable under such
    14  marketing  orders shall be remitted to the urban development corporation
    15  starting 30 days after such effective date.
    16    § 2.  This act shall take effect immediately.

    17                                   PART N

    18    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
    19  executive  law  relating to permitting the secretary of state to provide
    20  special handling for all documents filed or issued by  the  division  of
    21  corporations  and to permit additional levels of such expedited service,
    22  as amended by section 1 of part R of chapter 58 of the laws of 2020,  is
    23  amended to read as follows:
    24    §  2.  This  act shall take effect immediately, provided however, that
    25  section one of this act shall be deemed to have been in full  force  and
    26  effect on and after April 1, 2003 [and shall expire March 31, 2021].
    27    §  2.  This  act  shall take effect immediately and shall be deemed to
    28  have been in full force and effect on and after March 31, 2021.

    29                                   PART O

    30    Section 1. Paragraph (d) of section 304 of  the  business  corporation
    31  law is amended to read as follows:
    32    (d) Any  designated  [post-office]  post  office  address to which the
    33  secretary of state shall mail a copy of process served upon him  or  her
    34  as  agent  of  a  domestic  corporation  or a foreign corporation, shall
    35  continue until the filing of a certificate  or  other  instrument  under
    36  this  chapter  directing  the  mailing to a different [post-office] post
    37  office address and any designated email address to which  the  secretary
    38  of  state shall email notice of the fact that process has been electron-
    39  ically served upon him or her as agent  of  a  domestic  corporation  or
    40  foreign  corporation shall continue until the filing of a certificate or
    41  other instrument under this  chapter  changing  or  deleting  the  email
    42  address.
    43    §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
    44  corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
    45  amended to read as follows:
    46    (1)  Service of process on the secretary of state as agent of a domes-
    47  tic or authorized foreign corporation shall be made [by  personally]  in
    48  the  manner  provided  by  clause  (i) or (ii) of this subparagraph. (i)
    49  Personally delivering to and leaving with the secretary of  state  or  a
    50  deputy,  or  with  any  person  authorized  by the secretary of state to

        S. 2508--A                         28                         A. 3008--A

     1  receive such service, at the office of the department of  state  in  the
     2  city of Albany, duplicate copies of such process together with the stat-
     3  utory fee, which fee shall be a taxable disbursement. Service of process
     4  on  such corporation shall be complete when the secretary of state is so
     5  served. The secretary of state shall promptly send one of such copies by
     6  certified mail, return receipt requested, to such  corporation,  at  the
     7  post  office  address, on file in the department of state, specified for
     8  the purpose. If a domestic or authorized foreign corporation has no such
     9  address on file in the department of state, the secretary of state shall
    10  so mail such copy, in the case of a domestic corporation, in care of any
    11  director named in its certificate of  incorporation  at  the  director's
    12  address  stated  therein or, in the case of an authorized foreign corpo-
    13  ration, to such corporation at the address of  its  office  within  this
    14  state  on  file in the department. (ii) Electronically submitting a copy
    15  of the process to the department of state together  with  the  statutory
    16  fee,  which  fee  shall be a taxable disbursement, through an electronic
    17  system operated by the department of state,  provided  the  domestic  or
    18  authorized  foreign  corporation  has  an  email  address on file in the
    19  department of state to which the secretary of state shall email a notice
    20  of the fact that process has been served electronically on the secretary
    21  of state. Service of process on such corporation shall be complete  when
    22  the  secretary  of state has reviewed and accepted service of such proc-
    23  ess. The secretary of state shall promptly send a  notice  of  the  fact
    24  that process has been served to such corporation at the email address on
    25  file  in  the  department  of state, specified for the purpose and shall
    26  make a copy of the process available to such corporation.
    27    § 3. The opening paragraph of paragraph (b)  of  section  307  of  the
    28  business corporation law is amended to read as follows:
    29    Service  of such process upon the secretary of state shall be made [by
    30  personally] in the manner provided by subparagraph one or  two  of  this
    31  paragraph.  (1)  Personally  delivering  to  and leaving with him or his
    32  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, a copy of such process together with the statutory  fee,
    35  which fee shall be a taxable disbursement. (2) Electronically submitting
    36  a copy of the process to the department of state together with the stat-
    37  utory  fee,  which fee shall be a taxable disbursement, through an elec-
    38  tronic system operated by the department of state. Such service shall be
    39  sufficient if notice thereof and a copy of the process are:
    40    § 4. Subparagraph 7 of paragraph (a) of section 402  of  the  business
    41  corporation law is amended to read as follows:
    42    (7)  A  designation  of  the secretary of state as agent of the corpo-
    43  ration upon whom process against it may be served and  the  post  office
    44  address  within  or  without  this state to which the secretary of state
    45  shall mail a copy of any process against it served upon him or her.  The
    46  corporation may include an email address to which the secretary of state
    47  shall  email a notice of the fact that process against it has been elec-
    48  tronically served upon him or her.
    49    § 5. Paragraph (b) of section 801 of the business corporation  law  is
    50  amended by adding a new subparagraph 15 to read as follows:
    51    (15)  To  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 corporation has been electronically served upon him or her.
    54    § 6. Paragraph (b) of section 803 of the business corporation  law  is
    55  amended by adding a new subparagraph 4 to read as follows:

        S. 2508--A                         29                         A. 3008--A

     1    (4) To specify, change or delete the email address to which the secre-
     2  tary  of state shall email a notice of the fact that process against the
     3  corporation has been electronically served upon him or her.
     4    §  7.  Paragraph (b) of section 805-A of the business corporation law,
     5  as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
     6  follows:
     7    (b) A certificate of change which changes only the post office address
     8  to which the secretary of state shall mail a copy of any process against
     9  a  corporation served upon him or her, and/or the email address to which
    10  the secretary of state shall email a notice of  the  fact  that  process
    11  against  it  has  been electronically served upon the secretary of state
    12  and/or the address of the registered agent, provided such address  being
    13  changed  is  the  address  of a person, partnership or other corporation
    14  whose address, as agent, is the address to be changed, and/or the  email
    15  address  being  changed is the email address of a person, partnership or
    16  corporation whose email address, as agent, is the email  address  to  be
    17  changed,  or who has been designated as registered agent for such corpo-
    18  ration, may be signed[, verified] and delivered  to  the  department  of
    19  state  by  such  agent.  The  certificate  of change shall set forth the
    20  statements required under subparagraphs (a) (1), (2)  and  (3)  of  this
    21  section;  that  a notice of the proposed change was mailed to the corpo-
    22  ration by the party signing the certificate not less  than  thirty  days
    23  prior  to  the  date  of delivery to the department and that such corpo-
    24  ration has not objected thereto; and that the party signing the  certif-
    25  icate is the agent of such corporation to whose address the secretary of
    26  state  is  required  to mail copies of process [or], and/or the agent of
    27  the corporation to  whose  email  address  the  secretary  of  state  is
    28  required  to  mail a notice of the fact that process against it has been
    29  electronically served upon the secretary of state, and/or the registered
    30  agent, if such be the case. A certificate signed[, verified] and  deliv-
    31  ered  under  this  paragraph  shall  not be deemed to effect a change of
    32  location of the office of the corporation in whose behalf  such  certif-
    33  icate is filed.
    34    §  8. Subparagraph 8 of paragraph (a) of section 904-a of the business
    35  corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
    36  amended to read as follows:
    37    (8)  If  the surviving or resulting entity is a foreign corporation or
    38  other business entity, a designation of the secretary of  state  as  its
    39  agent upon whom process against it may be served in the manner set forth
    40  in  paragraph  (b)  of section three hundred six of this chapter, in any
    41  action or special proceeding, and a post office address, within or with-
    42  out this state, to which the secretary of state shall mail a copy of any
    43  process against it served upon him or her. The corporation  may  include
    44  an email address to which the secretary of state shall email a notice of
    45  the fact that process against it has been electronically served upon him
    46  or  her.    Such  post  office address shall supersede any prior address
    47  designated as the address to which process  shall  be  mailed  and  such
    48  email  address shall supersede any prior email address designated as the
    49  email address to which a notice shall be sent;
    50    § 9. Clause (G) of subparagraph 2 of paragraph (e) of section  907  of
    51  the  business  corporation law, as amended by chapter 494 of the laws of
    52  1997, is amended to read as follows:
    53    (G) A designation of the secretary of state as  its  agent  upon  whom
    54  process  against  it  may be served in the manner set forth in paragraph
    55  (b) of section 306 (Service  of  process),  in  any  action  or  special
    56  proceeding,  and a post office address, within or without this state, to

        S. 2508--A                         30                         A. 3008--A

     1  which the secretary of state shall mail a copy of any process against it
     2  served upon him or her. The corporation may include an email address  to
     3  which the secretary of state shall email a notice of the fact that proc-
     4  ess  against  it  has  been electronically served upon him or her.  Such
     5  post office address shall supersede any prior address designated as  the
     6  address  to  which  process shall be mailed and such email address shall
     7  supersede any prior email address designated as  the  email  address  to
     8  which a notice shall be sent.
     9    §  10. Subparagraph 6 of paragraph (a) of section 1304 of the business
    10  corporation law, as amended by chapter 684 of the laws of  1963  and  as
    11  renumbered  by  chapter  590  of the laws of 1982, is amended to read as
    12  follows:
    13    (6) A designation of the secretary of state as  its  agent  upon  whom
    14  process  against  it may be served and the post office address within or
    15  without this state to which the secretary of state shall mail a copy  of
    16  any  process  against  it  served  upon  him or her. The corporation may
    17  include an email address to which the secretary of state shall  email  a
    18  notice  of  the  fact  that  process  against it has been electronically
    19  served upon him or her.
    20    § 11. Paragraph (a) of section 1308 of the business corporation law is
    21  amended by adding a new subparagraph 10 to read as follows:
    22    (10) To specify, change or delete  the  email  address  to  which  the
    23  secretary of state shall email a notice of the fact that process against
    24  the corporation has been electronically served upon him or her.
    25    § 12. Paragraph (c) of section 1309-A of the business corporation law,
    26  as  amended  by  chapter  172  of the laws of 1999, is amended and a new
    27  subparagraph 4 is added to paragraph (a) to read as follows:
    28    (4) To specify, change or delete the email address to which the secre-
    29  tary of state shall email a notice of the fact that process against  the
    30  corporation has been electronically served upon him or her.
    31    (c) A certificate of change of application for authority which changes
    32  only  the post office address to which the secretary of state shall mail
    33  a copy of any process against an authorized foreign  corporation  served
    34  upon  him  or  her,  and/or  the email address to which the secretary of
    35  state shall email a notice of the fact that process against it has  been
    36  electronically  served  upon the secretary of state and/or which changes
    37  the address of its  registered  agent,  provided  such  address  is  the
    38  address  of a person, partnership or other corporation whose address, as
    39  agent, is the address to be changed [or], and/or the email address being
    40  changed is the email address of a  person,  partnership  or  corporation
    41  whose  email  address,  as  agent,  is  the email address to be changed,
    42  and/or who has been designated as registered agent for  such  authorized
    43  foreign  corporation,  may  be signed and delivered to the department of
    44  state by such agent.  The  certificate  of  change  of  application  for
    45  authority  shall  set  forth the statements required under subparagraphs
    46  (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
    47  the proposed change was mailed by the party signing the  certificate  to
    48  the  authorized  foreign  corporation not less than thirty days prior to
    49  the date of delivery to the department and that such corporation has not
    50  objected thereto; and that the party  signing  the  certificate  is  the
    51  agent  of  such  foreign  corporation  to whose address the secretary of
    52  state is required to mail copies of process [or], and/or  the  agent  of
    53  such  foreign  corporation to whose email address the secretary of state
    54  is required to mail a notice of the fact that  process  against  it  has
    55  been  electronically  served on the secretary of state and/or the regis-
    56  tered agent, if such be the case. A  certificate  signed  and  delivered

        S. 2508--A                         31                         A. 3008--A

     1  under  this paragraph shall not be deemed to effect a change of location
     2  of the office of the corporation in whose  behalf  such  certificate  is
     3  filed.
     4    §  13.  Subparagraph  6  of paragraph (a) and paragraph (d) of section
     5  1310 of the business corporation law, the opening paragraph of paragraph
     6  (d) as amended by chapter 172 of the laws of 1999, are amended  to  read
     7  as follows:
     8    (6)  A  post  office address within or without this state to which the
     9  secretary of state shall mail a copy of any process  against  it  served
    10  upon  him  or her. The corporation may include an email address to which
    11  the secretary of state shall email a notice of  the  fact  that  process
    12  against it has been electronically served upon him or her.
    13    (d)  The  post office address and/or the email address specified under
    14  subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
    15  certificate,  entitled  "Certificate  of  amendment  of  certificate  of
    16  surrender of authority of ........ (name of corporation)  under  section
    17  1310  of  the  Business Corporation Law", shall be signed as provided in
    18  paragraph (a) of this section and delivered to the department of  state.
    19  It shall set forth:
    20    (1) The name of the foreign corporation.
    21    (2) The jurisdiction of its incorporation.
    22    (3)  The  date  its certificate of surrender of authority was filed by
    23  the department of state.
    24    (4) The changed post office address, within or without this state,  to
    25  which the secretary of state shall mail a copy of any process against it
    26  served  upon  him  or  her and/or the changed 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    § 14. Section 1311 of the business  corporation  law,  as  amended  by
    30  chapter 375 of the laws of 1998, is amended to read as follows:
    31  § 1311. Termination of existence.
    32    When  an  authorized foreign corporation is dissolved or its authority
    33  or existence is otherwise terminated or cancelled in the jurisdiction of
    34  its incorporation or when such foreign corporation  is  merged  into  or
    35  consolidated  with  another  foreign  corporation,  a certificate of the
    36  secretary of state, or official performing the equivalent function as to
    37  corporate records, of the jurisdiction of incorporation of such  foreign
    38  corporation attesting to the occurrence of any such event or a certified
    39  copy of an order or decree of a court of such jurisdiction directing the
    40  dissolution  of  such foreign corporation, the termination of its exist-
    41  ence or the cancellation of its authority  shall  be  delivered  to  the
    42  department  of  state.  The  filing  of the certificate, order or decree
    43  shall have the same effect as the filing of a certificate  of  surrender
    44  of  authority under section 1310 (Surrender of authority). The secretary
    45  of state shall continue as agent of the foreign  corporation  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  based  upon  any  liability  or  obligation  incurred by the
    49  foreign corporation within this  state  prior  to  the  filing  of  such
    50  certificate,  order  or decree and he or she shall promptly cause a copy
    51  of any such process to be mailed by [registered] certified mail,  return
    52  receipt  requested,  to  such  foreign  corporation  at  the post office
    53  address on file in his or her office specified for  such  purpose  or  a
    54  notice  of  the  fact  that process against such foreign corporation has
    55  been served on him or her to be emailed to the  foreign  corporation  at
    56  the  email  address  on  file  in  his  or her office specified for such

        S. 2508--A                         32                         A. 3008--A

     1  purpose.  The post office address and/or email address may be changed by
     2  signing and delivering to the  department  of  state  a  certificate  of
     3  change  setting  forth  the  statements  required  under  section 1309-A
     4  (Certificate  of change; contents) to effect a change in the post office
     5  address and/or email address under subparagraph (a) [(4)] (7) or (10) of
     6  section 1308 (Amendments or changes).
     7    § 15. Subdivisions 2 and 3 of section 18 of the  general  associations
     8  law,  as  amended by chapter 13 of the laws of 1938, are amended to read
     9  as follows:
    10    2.  Every association doing business within this state shall  file  in
    11  the  department of state a certificate in its associate name, signed and
    12  acknowledged by its president, or a  vice-president,  or  secretary,  or
    13  treasurer,  or  managing director, or trustee, designating the secretary
    14  of state as an agent upon whom  process  in  any  action  or  proceeding
    15  against  the  association  may  be served within this state, and setting
    16  forth an address to which the secretary of state shall mail  a  copy  of
    17  any  process against the association which may be served upon him or her
    18  pursuant to law.  The association may include an email address to  which
    19  the  secretary  of  state  shall email a notice of the fact that process
    20  against it has been electronically served upon him or  her.  Annexed  to
    21  the  certificate  of  designation  shall be a statement, executed in the
    22  same manner as the certificate is required to  be  executed  under  this
    23  section, which shall set forth:
    24    (a)  the names and places of residence of its officers and trustees
    25    (b)  its principal place of business
    26    (c)    the  place where its office within this state is located and if
    27  such place be in a city, the location thereof by street  and  number  or
    28  other particular description.
    29    3. Any association, from time to time, may change the address to which
    30  the secretary of state is directed to mail copies of process or specify,
    31  change or delete the email address to which the secretary of state shall
    32  email a notice of the fact that process against the association has been
    33  electronically  served  upon  him  or her, by filing a statement to that
    34  effect, executed, signed and acknowledged in like manner  as  a  certif-
    35  icate of designation as herein provided.
    36    §  16. Section 19 of the general associations law, as amended by chap-
    37  ter 166 of the laws of 1991, is amended to read as follows:
    38    § 19. Service of process. Service of process  against  an  association
    39  upon  the secretary of state shall be made [by personally] in the manner
    40  provided by subdivision one or  two  of  this  section.  (1)  Personally
    41  delivering to and leaving with him [or a deputy secretary of state or an
    42  associate attorney, senior attorney or attorney in the corporation divi-
    43  sion  of  the department of state] or her or with a person authorized by
    44  the secretary of state to receive such service, duplicate copies of such
    45  process at the office of the department of state in the city of  Albany.
    46  At  the  time  of  such  service  the plaintiff shall pay a fee of forty
    47  dollars to the secretary of state which shall be a taxable disbursement.
    48  [If the cost of registered mail for transmitting a copy of  the  process
    49  shall  exceed  two dollars, an additional fee equal to such excess shall
    50  be paid at the time of the service of such process.]  The  secretary  of
    51  state shall [forthwith] promptly send by [registered] certified mail one
    52  of such copies to the association at the address fixed for that purpose,
    53  as herein provided.  (2) Electronically submitting a copy of the process
    54  to  the  department  of state together with the statutory fee, which fee
    55  shall be a taxable disbursement, through an electronic  system  operated
    56  by  the  department  of  state,  provided  the  association has an email

        S. 2508--A                         33                         A. 3008--A

     1  address on file in the department of state to  which  the  secretary  of
     2  state  shall  email  a  notice  of the fact that process has been served
     3  electronically on the secretary of state. Service  of  process  on  such
     4  association  shall  be complete when the secretary of state has reviewed
     5  and accepted service of such process.   The  secretary  of  state  shall
     6  promptly send a notice of the fact that process against such association
     7  has  been  served electronically upon him or her, to such association at
     8  the 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 associ-
    10  ation. If the action or proceeding is instituted in a court  of  limited
    11  jurisdiction,  service  of process may be made in the manner provided in
    12  this section if the cause of action arose within the territorial  juris-
    13  diction  of  the  court and the office of the defendant, as set forth in
    14  its statement filed pursuant to section eighteen  of  this  chapter,  is
    15  within such territorial jurisdiction.
    16    §  17.  Paragraph  4  of subdivision (e) of section 203 of the limited
    17  liability company law, as added by chapter 470 of the laws of  1997,  is
    18  amended to read as follows:
    19    (4)  a  designation  of the secretary of state as agent of the limited
    20  liability company upon whom process against it may  be  served  and  the
    21  post  office address within or without this state to which the secretary
    22  of state shall mail a copy of any process against the limited  liability
    23  company  served  upon  him  or  her.  The  limited liability company may
    24  include an email address to which the secretary of state shall  email  a
    25  notice  of  the  fact  that  process  against it has been electronically
    26  served upon him or her;
    27    § 18. Subdivision (d) of section 211 of the limited liability  company
    28  law is amended by adding a new paragraph 10 to read as follows:
    29    (10)  to  specify,  change  or  delete  the email address to which the
    30  secretary of state shall email a notice of the fact that process against
    31  the limited liability company has been electronically served upon him or
    32  her.
    33    § 19. Section 211-A of the limited liability company law, as added  by
    34  chapter 448 of the laws of 1998, is amended to read as follows:
    35    §  211-A.  Certificate  of change. (a) A limited liability company may
    36  amend its articles of organization from time to time to (i)  specify  or
    37  change  the  location  of  the  limited liability company's office; (ii)
    38  specify or change the post office address  to  which  the  secretary  of
    39  state  shall  mail  a  copy of any process against the limited liability
    40  company served upon him or her; [and] (iii) specify,  change  or  delete
    41  the  email  address to which the secretary of state shall email a notice
    42  of the fact that process against the limited liability company has  been
    43  electronically  served  upon him or her; and (iv) make, revoke or change
    44  the designation of a registered agent, or specify or change the  address
    45  of  the  registered  agent.  Any  one or more such changes may be accom-
    46  plished by filing a  certificate  of  change  which  shall  be  entitled
    47  "Certificate  of  Change  of ....... (name of limited liability company)
    48  under section 211-A of the Limited Liability Company Law" and  shall  be
    49  signed and delivered to the department of state. It shall set forth:
    50    (1)  the  name  of  the  limited liability company, and if it has been
    51  changed, the name under which it was formed;
    52    (2) the date the articles of organization were 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 against

        S. 2508--A                         34                         A. 3008--A

     1  a limited liability company 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, and/or the email address  being  changed  is  the
     6  email  address of a person, partnership or other corporation whose email
     7  address, as agent, is the email address to be changed, is the address of
     8  a person, partnership or corporation whose address,  as  agent,  is  the
     9  address to be changed or who has been designated as registered agent for
    10  such  limited  liability  company  may  be  signed  and delivered to the
    11  department of state by such agent. The certificate of change  shall  set
    12  forth  the  statements  required  under subdivision (a) of this section;
    13  that a notice of the proposed change was mailed to the domestic  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 domestic limited liability company has not  objected  thereto;
    17  and  that the party signing the certificate is the agent of such limited
    18  liability company to whose address the secretary of state is required to
    19  mail copies of process, and/or the agent of the limited liability compa-
    20  ny to whose email address of the   secretary of  state  is  required  to
    21  email  a  notice  of the fact that process against it has been electron-
    22  ically served upon the secretary of state, or the registered  agent,  if
    23  such be the case. A certificate signed and delivered under this subdivi-
    24  sion shall not be deemed to effect a change of location of the office of
    25  the limited liability company in whose behalf such certificate is filed.
    26    §  20. Subdivision (c) of section 301 of the limited liability company
    27  law is amended to read as follows:
    28    (c) Any designated post office address to which the secretary of state
    29  shall mail a copy of process served upon him or her as agent of a domes-
    30  tic limited liability company or a  foreign  limited  liability  company
    31  shall  continue  until  the  filing of a certificate or other instrument
    32  under this chapter directing the mailing  to  a  different  post  office
    33  address and any designated email address to which the secretary of state
    34  shall  email  a  notice of the fact that process has been electronically
    35  served upon him or her as agent of a domestic limited liability  company
    36  or foreign limited liability company, shall continue until the filing of
    37  a  certificate or other instrument under this chapter changing or delet-
    38  ing such email address.
    39    § 21. Subdivision (a) of section 303 of the limited liability  company
    40  law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
    41  read as follows:
    42    (a) Service of process on the secretary of state as agent of a  domes-
    43  tic  limited  liability  company or authorized foreign limited liability
    44  company shall be made [by personally] in the manner  provided  by  para-
    45  graph  one or two of this subdivision.  (1) Personally delivering to and
    46  leaving with the secretary of state or his or her deputy,  or  with  any
    47  person  authorized by the secretary of state to receive such service, at
    48  the office of the department of state in the city of  Albany,  duplicate
    49  copies  of such process together with the statutory fee, which fee shall
    50  be a taxable disbursement. Service of process on such limited  liability
    51  company  shall be complete when the secretary of state is so served. The
    52  secretary of state shall promptly send one of such copies  by  certified
    53  mail, return receipt requested, to such limited liability company at the
    54  post  office  address  on  file in the department of state specified for
    55  that purpose. (2) Electronically submitting a copy of the process to the
    56  department of state together with the statutory fee, which fee shall  be

        S. 2508--A                         35                         A. 3008--A

     1  a  taxable  disbursement,  through  an electronic system operated by the
     2  department of state, provided the domestic or authorized foreign limited
     3  liability company has an email address on  file  in  the  department  of
     4  state  to  which the secretary of state shall email a notice of the fact
     5  that process has been served electronically on the secretary  of  state.
     6  Service  of  process on such limited liability company shall be complete
     7  when the secretary of state has reviewed and accepted  service  of  such
     8  process. The secretary of state shall promptly send a notice of the fact
     9  that  process  against  such  limited  liability company has been served
    10  electronically on him or her to such limited liability  company  at  the
    11  email  address  on  file  in  the department of state, specified for the
    12  purpose and shall make a copy of the process available to  such  limited
    13  liability company.
    14    §  22. Subdivision (b) of section 304 of the limited liability company
    15  law is amended to read as follows:
    16    (b) Service of such process upon the secretary of state shall be  made
    17  [by  personally]  in the manner provided by paragraph one or two of this
    18  subdivision.
    19    (1) Personally delivering to and leaving with the secretary  of  state
    20  or  his or her deputy, or with any person authorized by the secretary of
    21  state to receive such service, at the office of the department of  state
    22  in the city of Albany, a copy of such process together with the statuto-
    23  ry fee, which fee shall be a taxable disbursement.
    24    (2)  Electronically submitting a copy of the process to the department
    25  of state together with the statutory fee, which fee shall be  a  taxable
    26  disbursement, through an electronic system operated by the department of
    27  state.
    28    §  23.  Paragraph  4  of subdivision (a) of section 802 of the limited
    29  liability company law, as amended by chapter 470 of the laws of 1997, is
    30  amended to read as follows:
    31    (4) a designation of the secretary of state as  its  agent  upon  whom
    32  process  against  it may be served and the post office address within or
    33  without this state to which the secretary of state shall mail a copy  of
    34  any  process  against  it  served upon him or her. The limited liability
    35  company may include an email address to which  the  secretary  of  state
    36  shall  email a notice of the fact that process against it has been elec-
    37  tronically served upon him or her;
    38    § 24. Section 804-A of the limited liability company law, as added  by
    39  chapter 448 of the laws of 1998, is amended to read as follows:
    40    § 804-A. Certificate of change. (a) A foreign limited liability compa-
    41  ny  may  amend  its  application  for authority from time to time to (i)
    42  specify or change  the  location  of  the  limited  liability  company's
    43  office;  (ii)  specify  or  change  the post office address to which the
    44  secretary of state shall mail a copy of any process against the  limited
    45  liability company served upon him or her; [and] (iii) specify, change or
    46  delete  the  email address to which the secretary of state shall email a
    47  notice of the fact that process against the  limited  liability  company
    48  has been electronically served upon him or her; and (iv) to make, revoke
    49  or change the designation of a registered agent, or to specify or change
    50  the  address  of a registered agent. Any one or more such changes may be
    51  accomplished by filing a certificate of change which shall  be  entitled
    52  "Certificate  of  Change of ........ (name of limited liability company)
    53  under section 804-A of the Limited Liability Company Law" and  shall  be
    54  signed and delivered to the department of state. It shall set forth:

        S. 2508--A                         36                         A. 3008--A

     1    (1) the name of the foreign limited liability company and, if applica-
     2  ble, the fictitious name the limited liability company has agreed to use
     3  in this state pursuant to section eight hundred two of this article;
     4    (2) the date its application for authority was filed by the department
     5  of state; and
     6    (3) each change effected thereby,
     7    (b) A certificate of change which changes only the post office address
     8  to which the secretary of state shall mail a copy of any process against
     9  a  foreign  limited liability company served upon him or her, and/or the
    10  email address to which the secretary of state shall email  a  notice  of
    11  the fact that process against it has been electronically served upon the
    12  secretary of state, and/or the address of the registered agent, provided
    13  such  address  being  changed is the address of a person, partnership or
    14  corporation whose address, as agent,  is  the  address  to  be  changed,
    15  and/or the email address being changed is the email address of a person,
    16  partnership  or  other corporation whose email address, as agent, is the
    17  email address to be changed, or who has been  designated  as  registered
    18  agent  for such limited liability company may be signed and delivered to
    19  the department of state by such agent. The certificate of  change  shall
    20  set forth the statements required under subdivision (a) of this section;
    21  that  a  notice of the proposed change was mailed to the foreign limited
    22  liability company by the party signing the  certificate  not  less  than
    23  thirty days prior to the date of delivery to the department of state and
    24  that  such  foreign  limited liability company has not objected thereto;
    25  and that the party signing the certificate is the agent of such  foreign
    26  limited  liability  company  to  whose address the secretary of state is
    27  required to mail copies of process, and/or the  agent  of  such  foreign
    28  limited  liability company to whose email address the secretary of state
    29  is required to email a notice of the fact that process  against  it  has
    30  been  electronically  served  upon the secretary of state, or the regis-
    31  tered agent, if such be the case. A  certificate  signed  and  delivered
    32  under  this  subdivision  shall  not  be  deemed  to  effect a change of
    33  location of the office of the foreign limited liability company in whose
    34  behalf such certificate is filed.
    35    § 25. Paragraph 6 of subdivision (b) of section  806  of  the  limited
    36  liability company law is amended to read as follows:
    37    (6)  a  post  office address within or without this state to which the
    38  secretary of state shall mail a copy of any process  against  it  served
    39  upon  him  or  her.   The limited liability company may include an email
    40  address to which the secretary of state shall email a notice of the fact
    41  that process against it has been electronically served upon him or her.
    42    § 26. Section 807 of the limited liability company law is  amended  to
    43  read as follows:
    44    §  807.  Termination  of  existence.  When a foreign limited liability
    45  company that has received a certificate of authority is dissolved or its
    46  authority to conduct its business or existence is  otherwise  terminated
    47  or  canceled  in  the jurisdiction of its formation or when such foreign
    48  limited liability company is merged into or  consolidated  with  another
    49  foreign limited liability company, (a) a certificate of the secretary of
    50  state  or  official  performing  the  equivalent  function as to limited
    51  liability company records in the jurisdiction of  organization  of  such
    52  limited  liability company attesting to the occurrence of any such event
    53  or (b) a certified copy of an order or decree of a court of such  juris-
    54  diction  directing  the  dissolution  of  such foreign limited liability
    55  company, the termination of  its  existence  or  the  surrender  of  its
    56  authority  shall  be delivered to the department of state. The filing of

        S. 2508--A                         37                         A. 3008--A

     1  the certificate, order or decree shall  have  the  same  effect  as  the
     2  filing  of  a  certificate of surrender of authority under section eight
     3  hundred six of this article. The secretary of state  shall  continue  as
     4  agent of the foreign limited liability company upon whom process against
     5  it  may be served in the manner set forth in article three of this chap-
     6  ter, in any action or proceeding based upon any liability or  obligation
     7  incurred  by  the  foreign  limited  liability company within this state
     8  prior to the filing of such  certificate,  order  or  decree.  The  post
     9  office  address  and/or  email address may be changed by filing with the
    10  department of state a  certificate  of  amendment  under  section  eight
    11  hundred four of this article.
    12    §  27.  Paragraph 11 of subdivision (a) of section 1003 of the limited
    13  liability company law, as amended by chapter 374 of the laws of 1998, is
    14  amended to read as follows:
    15    (11) a designation of the secretary of state as its  agent  upon  whom
    16  process  against  it  may  be  served in the manner set forth in article
    17  three of this chapter in any action or special proceeding,  and  a  post
    18  office  address, within or without this state, to which the secretary of
    19  state shall mail a copy of any process served upon  him  or  her.    The
    20  limited  liability  company  may  include  an email address to which the
    21  secretary of state shall email a notice of the fact that process against
    22  it has been electronically served upon him  or  her.  Such  post  office
    23  address or email address shall supersede any prior address designated as
    24  the address to which process shall be mailed or a notice emailed;
    25    §  28.  Paragraph  6 of subdivision (a) of section 1306 of the limited
    26  liability company law is amended to read as follows:
    27    (6) a designation of the secretary of state as  its  agent  upon  whom
    28  process  against  it may be served and the post office address within or
    29  without this state to which the secretary of state shall mail a copy  of
    30  any  process  against  it  served upon him or her. The limited liability
    31  company may include an email address to which  the  secretary  of  state
    32  shall  email a notice of the fact that process against it has been elec-
    33  tronically served upon him or her; and
    34    § 29. Paragraph (d) of section 304 of the  not-for-profit  corporation
    35  law,  as  amended by chapter 358 of the laws of 2015, is amended to read
    36  as follows:
    37    (d) Any designated post-office address to which the secretary of state
    38  shall mail a copy of process served upon him or her as agent of a domes-
    39  tic corporation formed under article four of  this  chapter  or  foreign
    40  corporation,  shall  continue until the filing of a certificate or other
    41  instrument under this chapter directing the mailing to a different post-
    42  office address and any designated email address to which  the  secretary
    43  of  state  shall  email a notice of the fact that process has been elec-
    44  tronically served upon him or her as agent of a domestic corporation  or
    45  foreign corporation, shall continue until the filing of a certificate or
    46  other  instrument  under  this  chapter  changing  or deleting the email
    47  address.
    48    § 30. Paragraph (b) of section 306 of the  not-for-profit  corporation
    49  law, as amended by chapter 23 of the laws of 2014, is amended to read as
    50  follows:
    51    (b)  Service of process on the secretary of state as agent of a domes-
    52  tic corporation formed under article four of this chapter or an  author-
    53  ized  foreign  corporation  shall  be made [by personally] in the manner
    54  provided by subparagraph one or two of this  paragraph.  (1)  Personally
    55  delivering  to  and  leaving  with  the secretary of state or his or her
    56  deputy, or with any person authorized  by  the  secretary  of  state  to

        S. 2508--A                         38                         A. 3008--A

     1  receive  such  service,  at the office of the department of state in the
     2  city of Albany, duplicate copies of such process together with the stat-
     3  utory fee, which fee shall be a taxable disbursement. Service of process
     4  on  such corporation shall be complete when the secretary of state is so
     5  served.  The secretary of state shall promptly send one of  such  copies
     6  by certified mail, return receipt requested, to such corporation, at the
     7  post  office  address, on file in the department of state, specified for
     8  the purpose. If a domestic corporation formed under article four of this
     9  chapter or an authorized foreign corporation has no such address on file
    10  in the department of state, the secretary of state shall  so  mail  such
    11  copy  to such corporation at the address of its office within this state
    12  on file in the department.  (2) Electronically submitting a copy of  the
    13  process  to  the  department  of  state together with the statutory fee,
    14  which fee shall be a taxable disbursement, through an electronic  system
    15  operated by the department of state, provided the domestic or authorized
    16  foreign  corporation  has  an email address on file in the department of
    17  state to which the secretary of state shall email a notice of  the  fact
    18  that  process  has been served electronically on the secretary of state.
    19  Service of process on such corporation shall be complete when the secre-
    20  tary of state has reviewed and accepted service  of  such  process.  The
    21  secretary of state shall promptly send a notice of the fact that process
    22  against such corporation has been served electronically on him or her to
    23  such  corporation  at  the  email  address  on file in the department of
    24  state, specified for the purpose and shall make a copy  of  the  process
    25  available to such corporation.
    26    §  31.  Paragraph (b) of section 307 of the not-for-profit corporation
    27  law is amended to read as follows:
    28    (b) (1) Service of such process upon the secretary of state  shall  be
    29  made [by personally] in the manner provided by items (i) or (ii) of this
    30  subparagraph.  (i)  Personally delivering to and leaving with him or his
    31  deputy, or with any person authorized  by  the  secretary  of  state  to
    32  receive  such  service,  at the office of the department of state in the
    33  city of Albany, a copy of such process together with the statutory  fee,
    34  which fee shall be a taxable disbursement. [Such service] (ii) Electron-
    35  ically  submitting  a  copy  of  the  process to the department of state
    36  together with the statutory fee, which fee shall be a taxable  disburse-
    37  ment, through an electronic system operated by the department of state.
    38    (2) Service under this paragraph shall be sufficient if notice thereof
    39  and a copy of the process are:
    40    [(1)]  (i)  Delivered  personally  without  this state to such foreign
    41  corporation by a person and in the manner authorized to serve process by
    42  law of the jurisdiction in which service is made, or
    43    [(2)] (ii) Sent by or on behalf  of  the  plaintiff  to  such  foreign
    44  corporation  by  registered  mail  with return receipt requested, at the
    45  post office address specified for the purpose  of  mailing  process,  on
    46  file in the department of state, or with any official or body performing
    47  the equivalent function, in the jurisdiction of its incorporation, or if
    48  no  such  address  is there specified, to its registered or other office
    49  there specified, or if no such office is there specified,  to  the  last
    50  address of such foreign corporation known to the plaintiff.
    51    §  32.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
    52  profit corporation law, as added by chapter 564 of the laws of 1981  and
    53  as  renumbered by chapter 132 of the laws of 1985, is amended to read as
    54  follows:
    55    (6) A designation of the secretary of state as  agent  of  the  corpo-
    56  ration  upon  whom  process against it may be served and the post office

        S. 2508--A                         39                         A. 3008--A

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

        S. 2508--A                         40                         A. 3008--A

     1    §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
     2  law, as amended by chapter 172 of the laws of 1999, is amended and a new
     3  subparagraph 4 is added to paragraph (a) to read as follows:
     4    (4) To specify, change or delete the email address to which the secre-
     5  tary  of state shall email a notice of the fact that process against the
     6  corporation has been electronically served upon him or her.
     7    (c) A certificate of change of application for authority which changes
     8  only the post office address to which the secretary of state shall  mail
     9  a  copy  of any process against an authorized foreign corporation served
    10  upon him or her, the email address to which the secretary of state shall
    11  email a notice of the fact that process against it  has  been  electron-
    12  ically  served  upon  the  secretary  of  state and/or which changes the
    13  address of its registered agent, provided such address is the address of
    14  a person, partnership or other corporation whose address, as  agent,  is
    15  the address to be changed, and/or the email address being changed is the
    16  email  address of a person, partnership or other corporation whose email
    17  address, as agent, is the email address to be changed, or who  has  been
    18  designated  as registered agent for such authorized foreign corporation,
    19  may be signed and delivered to the department of state  by  such  agent.
    20  The  certificate  of change of application for authority shall set forth
    21  the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
    22  paragraph  (b) of this section; that a notice of the proposed change was
    23  mailed by the party signing the certificate to  the  authorized  foreign
    24  corporation  not  less than thirty days prior to the date of delivery to
    25  the department and that such corporation has not objected  thereto;  and
    26  that  the  party  signing  the  certificate is the agent of such foreign
    27  corporation to whose address the secretary of state is required to  mail
    28  copies  of process [or], and/or the agent of such foreign corporation to
    29  whose email address the secretary of state is required to email a notice
    30  of the fact that process against it has been electronically served  upon
    31  the  secretary  of  state,  and/or  the registered agent, if such be the
    32  case. A certificate signed and delivered under this paragraph shall  not
    33  be  deemed  to  effect  a change of location of the office of the corpo-
    34  ration in whose behalf such certificate is filed.
    35    § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
    36  profit corporation law is amended to read as follows:
    37    (6)  A  post  office address within or without this state to which the
    38  secretary of state shall mail a copy of any process  against  it  served
    39  upon  him  or her. The corporation may include an email address to which
    40  the secretary of state shall email a notice of  the  fact  that  process
    41  against it has been electronically served upon him or her.
    42    §  39.  Section 1312 of the not-for-profit corporation law, as amended
    43  by chapter 375 of the laws of 1998, is amended to read as follows:
    44  § 1312. Termination of existence.
    45    When an authorized foreign corporation is dissolved or  its  authority
    46  or existence is otherwise terminated or cancelled in the jurisdiction of
    47  its  incorporation  or  when  such foreign corporation is merged into or
    48  consolidated with another foreign  corporation,  a  certificate  of  the
    49  secretary of state, or official performing the equivalent function as to
    50  corporate  records, of the jurisdiction of incorporation of such foreign
    51  corporation attesting to the occurrence of any such event or a certified
    52  copy of an order or decree of a court of such jurisdiction directing the
    53  dissolution of such foreign corporation, the termination of  its  exist-
    54  ence  or  the  cancellation  of  its authority shall be delivered to the
    55  department of state.  The filing of the  certificate,  order  or  decree
    56  shall  have  the same effect as the filing of a certificate of surrender

        S. 2508--A                         41                         A. 3008--A

     1  of authority under section 1311 (Surrender of authority).  The secretary
     2  of state shall continue as agent of the foreign  corporation  upon  whom
     3  process  against  it  may be served in the manner set forth in paragraph
     4  (b)  of  section  306  (Service  of  process),  in any action or special
     5  proceeding based upon  any  liability  or  obligation  incurred  by  the
     6  foreign  corporation  within  this  state  prior  to  the filing of such
     7  certificate, order or decree and he shall promptly cause a copy  of  any
     8  such process to be mailed by [registered] certified mail, return receipt
     9  requested,  to  such  foreign  corporation at the post office address on
    10  file in his or her office specified for such purpose or a notice of  the
    11  fact  that process against the corporation has been served on him or her
    12  to be emailed to the foreign corporation at the email address on file in
    13  his or her office specified for such purpose.  The post  office  address
    14  and/or  email  address  may  be changed by signing and delivering to the
    15  department of state a certificate of change setting forth the statements
    16  required under section 1310  (Certificate  of  change[,];  contents)  to
    17  effect  a  change  in the post office address and/or email address under
    18  subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
    19    § 40. Subdivision (c) of section 121-104 of the  partnership  law,  as
    20  added by chapter 950 of the laws of 1990, is amended to read as follows:
    21    (c) Any designated post office address to which the secretary of state
    22  shall  mail  a  copy  of  process served upon him as agent of a domestic
    23  limited partnership or foreign limited partnership shall continue  until
    24  the  filing  of  a  certificate  or  other instrument under this article
    25  directing the mailing to a different post office address and any  desig-
    26  nated email address to which the secretary of state shall email a notice
    27  of  the  fact  that process against such domestic limited partnership or
    28  foreign limited partnership has been electronically served upon  him  or
    29  her  as agent of a domestic limited partnership or foreign limited part-
    30  nership, shall continue until the  filing  of  a  certificate  or  other
    31  instrument under this chapter changing or deleting the email address.
    32    §  41. Subdivision (a) and the opening paragraph of subdivision (b) of
    33  section 121-109 of the partnership law, as added by chapter 950  of  the
    34  laws  of  1990 and as relettered by chapter 341 of the laws of 1999, are
    35  amended to read as follows:
    36    (a) Service of process on the secretary of state as agent of a  domes-
    37  tic or authorized foreign limited partnership shall be made [as follows]
    38  in the manner provided by paragraph one or two of this subdivision:
    39    (1)  By personally delivering to and leaving with him or her or his or
    40  her deputy, or with any person authorized by the secretary of  state  to
    41  receive  such  service,  at the office of the department of state in the
    42  city of Albany, duplicate copies of such process together with the stat-
    43  utory fee, which fee shall be a taxable disbursement.
    44    [(2)] The service on the limited  partnership  is  complete  when  the
    45  secretary of state is so served.
    46    [(3)] The secretary of state shall promptly send one of such copies by
    47  certified mail, return receipt requested, addressed to the limited part-
    48  nership  at the post office address, on file in the department of state,
    49  specified for that purpose.
    50    (2) Electronically submitting a copy of the process to the  department
    51  of  state  together with the statutory fee, which fee shall be a taxable
    52  disbursement, through an electronic system operated by the department of
    53  state, provided the domestic or authorized foreign  limited  partnership
    54  has  an  email  address  on file in the department of state to which the
    55  secretary of state shall email a notice of the  fact  that  process  has
    56  been  served  electronically  on the secretary of state as agent of such

        S. 2508--A                         42                         A. 3008--A

     1  domestic or authorized foreign limited partnership. Service  of  process
     2  on  such  limited  partnership or authorized foreign limited partnership
     3  shall be complete when the secretary of state has reviewed and  accepted
     4  service  of  such  process. The secretary of state shall promptly send a
     5  notice of the fact that process has been served to such limited partner-
     6  ship at the email address on file in the department of state,  specified
     7  for  the  purpose and shall make a copy of the process available to such
     8  limited partnership or authorized foreign limited partnership.
     9    In any case in  which  a  non-domiciliary  would  be  subject  to  the
    10  personal or other jurisdiction of the courts of this state under article
    11  three of the civil practice law and rules, a foreign limited partnership
    12  not  authorized to do business in this state is subject to a like juris-
    13  diction. In any such case, process against such foreign limited partner-
    14  ship may be served upon the secretary of state as its agent. Such  proc-
    15  ess  may  issue  in  any  court in this state having jurisdiction of the
    16  subject matter.  Service of process upon the secretary of state shall be
    17  made [by personally] in the manner provided by paragraph one or  two  of
    18  this  subdivision.  (1) Personally delivering to and leaving with him or
    19  his deputy, or with any person authorized by the secretary of  state  to
    20  receive  such  service,  at the office of the department of state in the
    21  city of Albany, a copy of such process together with the statutory  fee,
    22  which  fee  shall be a taxable disbursement.  (2) Electronically submit-
    23  ting a copy of the process to the department of state together with  the
    24  statutory  fee,  which  fee  shall be a taxable disbursement, through an
    25  electronic system operated by the  department  of  state.  Such  service
    26  shall be sufficient if notice thereof and a copy of the process are:
    27    §  42.  Paragraph 3 of subdivision (a) of section 121-201 of the part-
    28  nership law, as amended by chapter 264 of the laws of 1991,  is  amended
    29  to read as follows:
    30    (3)  a  designation  of the secretary of state as agent of the limited
    31  partnership upon whom process against it may  be  served  and  the  post
    32  office  address  within  or without this state to which the secretary of
    33  state shall mail a copy of any process against it  served  upon  him  or
    34  her.  The  limited partnership may include an email address to which the
    35  secretary of state shall email a notice of the fact that process against
    36  it has been electronically served upon him or her;
    37    § 43. Paragraph 4 of subdivision (b) of section 121-202 of  the  part-
    38  nership  law,  as amended by chapter 576 of the laws of 1994, is amended
    39  to read as follows:
    40    (4) a change in the name of the limited partnership, or  a  change  in
    41  the  post  office  address  to which the secretary of state shall mail a
    42  copy of any process against the limited partnership  served  on  him  or
    43  her, a change in the email address to which the secretary of state shall
    44  email  a notice of the fact that process against the limited partnership
    45  has been electronically served upon him or her, or a change in the  name
    46  or  address  of  the registered agent, if such change is made other than
    47  pursuant to section 121-104 or 121-105 of this article.
    48    § 44. The opening paragraph of subdivision (a) and subdivision (b)  of
    49  section 121-202-A of the partnership law, as added by chapter 448 of the
    50  laws of 1998, are amended to read as follows:
    51    A certificate of limited partnership may be changed by filing with the
    52  department  of  state  a  certificate of change entitled "Certificate of
    53  Change of ..... (name of limited partnership) under Section 121-202-A of
    54  the Revised Limited Partnership Act" and shall be signed  and  delivered
    55  to  the  department of state. A certificate of change may (i) specify or
    56  change the location of the limited partnership's office; (ii) specify or

        S. 2508--A                         43                         A. 3008--A

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

        S. 2508--A                         44                         A. 3008--A

     1  [and] (iii)  specify, change or delete the email address  to  which  the
     2  secretary of state shall email a notice of the fact that process against
     3  the  limited partnership has been electronically served upon him or her;
     4  and  (iv)  make, revoke or change the designation of a registered agent,
     5  or to specify or change the address of its registered  agent.  It  shall
     6  set forth:
     7    (b) A certificate of change which changes only the post office address
     8  to which the secretary of state shall mail a copy of any process against
     9  a  foreign  limited partnership served upon him or her, and/or the email
    10  address to which the secretary of state shall email a notice of the fact
    11  that process against it has been electronically served upon  the  secre-
    12  tary of state, and/or the address of the registered agent, provided such
    13  address  being changed is the address of a person, partnership or corpo-
    14  ration whose address, as agent, is the address to be changed, and/or the
    15  email address being changed is the email address of a  person,  partner-
    16  ship  or  other  corporation whose email address, as agent, is the email
    17  address to be changed, or who has been designated  as  registered  agent
    18  for  such  foreign  limited partnership shall be signed and delivered to
    19  the department of state by such agent. The certificate of  change  shall
    20  set forth the statements required under subdivision (a) of this section;
    21  that  a  notice of the proposed change was mailed to the foreign limited
    22  partnership by the party signing the certificate not  less  than  thirty
    23  days  prior  to the date of delivery to the department of state and that
    24  such foreign limited partnership has not objected thereto; and that  the
    25  party signing the certificate is the agent of such foreign limited part-
    26  nership  to  whose  address  the  secretary of state is required to mail
    27  copies of process [or], the email address of the party  to  whose  email
    28  address  the secretary of state is required to mail a notice of the fact
    29  that process against it has been electronically served upon  the  secre-
    30  tary  of  state  and/or  the  registered  agent,  if such be the case. A
    31  certificate signed and delivered under this  subdivision  shall  not  be
    32  deemed to effect a change of location of the office of the limited part-
    33  nership in whose behalf such certificate is filed.
    34    §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
    35  nership law, as added by chapter 950 of the laws of 1990, is amended  to
    36  read as follows:
    37    (6)  a  post  office address within or without this state to which the
    38  secretary of state shall mail a copy of any process  against  it  served
    39  upon him or her. The limited partnership may include an email address to
    40  which the secretary of state shall email a notice of the fact that proc-
    41  ess against it has been electronically served upon him or her.
    42    §  48.  Section  121-906 of the partnership law, as amended by chapter
    43  172 of the laws of 1999, is amended to read as follows:
    44    § 121-906. Termination of existence. When a foreign  limited  partner-
    45  ship  which  has received a certificate of authority is dissolved or its
    46  authority to conduct its business or existence is  otherwise  terminated
    47  or  cancelled  in  the  jurisdiction  of  its  organization or when such
    48  foreign limited partnership is merged into or consolidated with  another
    49  foreign  limited  partnership,  (i)  a  certificate  of the secretary of
    50  state, or official performing the  equivalent  function  as  to  limited
    51  partnership records, in the jurisdiction of organization of such limited
    52  partnership  attesting  to  the  occurrence of any such event, or (ii) a
    53  certified copy of an order or decree of a  court  of  such  jurisdiction
    54  directing  the  dissolution  of  such  foreign  limited partnership, the
    55  termination of its existence or the surrender of its authority, shall be
    56  delivered to the department of state. The  filing  of  the  certificate,

        S. 2508--A                         45                         A. 3008--A

     1  order  or  decree  shall have the same effect as the filing of a certif-
     2  icate of surrender of authority under section 121-905 of  this  article.
     3  The  secretary  of  state shall continue as agent of the foreign limited
     4  partnership upon whom process against it may be served in the manner set
     5  forth  in  section  121-109 of this article, in any action or proceeding
     6  based upon any liability or obligation incurred by the  foreign  limited
     7  partnership  within  this state prior to the filing of such certificate,
     8  order or decree. The post office address and/or  email  address  may  be
     9  changed  by  filing with the department of state a certificate of amend-
    10  ment under section 121-903 or a  certificate  of  change  under  section
    11  121-903-A of this article.
    12    §  49. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
    13  nership law, as added by chapter 950 of the laws of 1990, is amended  to
    14  read as follows:
    15    (7)  A  designation  of  the secretary of state as its agent upon whom
    16  process against it may be served in the  manner  set  forth  in  section
    17  121-109  of this article in any action or special proceeding, and a post
    18  office address, within or without this state, to which the secretary  of
    19  state  shall  mail  a  copy  of  any process served upon him or her. The
    20  limited partnership may include an email address to which the  secretary
    21  of  state  shall  email a notice of the fact that process against it has
    22  been electronically served upon him or her. Such post office address  or
    23  email  address  shall  supersede  any  prior  address  designated as the
    24  address to which process shall be mailed or a notice emailed.
    25    § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and  subdivi-
    26  sion  (j-1) of section 121-1500 of the partnership law, paragraph (I) of
    27  subdivision (a) as amended by chapter 643 of the laws  of  1995  and  as
    28  redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
    29  added  by  chapter  448  of  the  laws  of  1998, are amended to read as
    30  follows:
    31    (4) a designation of the secretary of state as agent of  the  partner-
    32  ship without limited partners upon whom process against it may be served
    33  and  the  post  office address within or without this state to which the
    34  secretary of state shall mail a copy of any process against it or served
    35  upon it. The partnership without limited partners may include  an  email
    36  address to which the secretary of state shall email a notice of the fact
    37  that process against it has been electronically served upon him or her;
    38    (j-1)  A  certificate  of  change  which  changes only the post office
    39  address to which the secretary of state shall mail a copy of any process
    40  against a registered limited liability partnership served  upon  him  or
    41  her,  and/or  the  email  address  to which the secretary of state shall
    42  email a notice of the fact that process against it  has  been  electron-
    43  ically  served  upon  the  secretary of state, and/or the address of the
    44  registered agent, provided such address being changed is the address  of
    45  a  person,  partnership  or  corporation whose address, as agent, is the
    46  address to be changed [or], and/or the email address  being  changed  is
    47  the  email  address  of a person, partnership or other corporation whose
    48  email address, as agent, is the email address to be changed, and/or  who
    49  has  been  designated  as  registered  agent for such registered limited
    50  liability partnership shall be signed and delivered to the department of
    51  state by such agent. The certificate of change shall set forth: (i)  the
    52  name of the registered limited liability partnership and, if it has been
    53  changed,  the  name under which it was originally filed with the depart-
    54  ment of state; (ii) the date of filing of its  initial  registration  or
    55  notice statement; (iii) each change effected thereby; (iv) that a notice
    56  of  the  proposed change was mailed to the limited liability partnership

        S. 2508--A                         46                         A. 3008--A

     1  by the party signing the certificate not less than thirty days prior  to
     2  the  date  of  delivery to the department of state and that such limited
     3  liability partnership has not objected thereto; and (v) that  the  party
     4  signing  the certificate is the agent of such limited liability partner-
     5  ship to whose address the secretary of state is required to mail  copies
     6  of process [or], and/or to whose email address the secretary of state is
     7  required  to  mail a notice of the fact that process against it has been
     8  electronically served upon the secretary of state, and/or the registered
     9  agent, if such be the case. A certificate  signed  and  delivered  under
    10  this  subdivision  shall not be deemed to effect a change of location of
    11  the office of the limited liability partnership  in  whose  behalf  such
    12  certificate  is filed. The certificate of change shall be accompanied by
    13  a fee of five dollars.
    14    § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
    15  section  121-1502  of  the partnership law, paragraph (v) of subdivision
    16  (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
    17  as  added  by  chapter  448  of the laws of 1998, are amended to read as
    18  follows:
    19    (v) a designation of the secretary of state as agent  of  the  foreign
    20  limited liability partnership upon whom process against it may be served
    21  and  the  post  office address within or without this state to which the
    22  secretary of state shall mail a copy of any process against it or served
    23  upon it. The foreign limited liability partnership may include an  email
    24  address to which the secretary of state shall email a notice of the fact
    25  that process against it has been electronically served upon him or her;
    26    (i-1)  A  certificate  of  change  which  changes only the post office
    27  address to which the secretary of state shall mail a copy of any process
    28  against a New York  registered  foreign  limited  liability  partnership
    29  served  upon him or her, and/or the email address to which the secretary
    30  of state shall email a notice of the fact that process  against  it  has
    31  been  electronically  served  upon  the  secretary  of state, and/or the
    32  address of the registered agent, provided such address being changed  is
    33  the  address  of  a person, partnership or corporation whose address, as
    34  agent, is the address to be changed [or], and/or the email address being
    35  changed is the email address of a person, partnership  or  other  corpo-
    36  ration  whose  email  address,  as  agent,  is  the  email address to be
    37  changed, and/or who has been designated  as  registered  agent  of  such
    38  registered  foreign  limited  liability  partnership shall be signed and
    39  delivered to the department of state by such agent. The  certificate  of
    40  change  shall set forth: (i) the name of the New York registered foreign
    41  limited liability partnership; (ii) the date of filing  of  its  initial
    42  registration  or  notice  statement; (iii) each change effected thereby;
    43  (iv) that a notice of the proposed change  was  mailed  to  the  limited
    44  liability partnership by the party signing the certificate not less than
    45  thirty days prior to the date of delivery to the department of state and
    46  that  such  limited  liability partnership has not objected thereto; and
    47  (v) that the party signing the certificate is the agent of such  limited
    48  liability  partnership  to  whose  address  the  secretary  of  state is
    49  required to mail copies of process [or], and/or to whose  email  address
    50  the  secretary  of  state  is required to mail a notice of the fact that
    51  process against it has been electronically served upon the secretary  of
    52  state,  and/or  the registered agent, if such be the case. A certificate
    53  signed and delivered under this  subdivision  shall  not  be  deemed  to
    54  effect a change of location of the office of the limited liability part-
    55  nership  in  whose  behalf such certificate is filed. The certificate of
    56  change shall be accompanied by a fee of five dollars.

        S. 2508--A                         47                         A. 3008--A

     1    § 52. Subdivision (a) of section 121-1505 of the partnership  law,  as
     2  added by chapter 470 of the laws of 1997, is amended to read as follows:
     3    (a)  Service of process on the secretary of state as agent of a regis-
     4  tered limited liability  partnership  or  New  York  registered  foreign
     5  limited  liability  partnership  under  this  article  shall be made [by
     6  personally] in the manner provided by  paragraph  one  or  two  of  this
     7  subdivision. (1) Personally delivering to and leaving with the secretary
     8  of  state or a deputy, or with any person authorized by the secretary of
     9  state to receive such service, at the office of the department of  state
    10  in  the  city  of Albany, duplicate copies of such process together with
    11  the statutory fee, which fee shall be a taxable disbursement. Service of
    12  process on  such  registered  limited  liability  partnership  shall  be
    13  complete  when  the  secretary  of  state is so served. The secretary of
    14  state shall promptly send one of such copies by certified  mail,  return
    15  receipt  requested, to such registered limited liability partnership, at
    16  the post office address on file in the department of state specified for
    17  such purpose. (2) Electronically submitting a copy of the process to the
    18  department of state together with the statutory fee, which fee shall  be
    19  a  taxable  disbursement,  through  an electronic system operated by the
    20  department of state, provided the registered limited liability  partner-
    21  ship or New York registered foreign limited liability partnership has an
    22  email  address on file in the department of state to which the secretary
    23  of state shall email a notice of the  fact  that  process  against  such
    24  registered  limited liability partnership or New York registered foreign
    25  limited liability partnership served has been electronically  served  on
    26  the  secretary  of  state. Service of process on such registered limited
    27  liability partnership or New York registered foreign  limited  liability
    28  partnership  shall  be complete when the secretary of state has reviewed
    29  and accepted service of such  process.  The  secretary  of  state  shall
    30  promptly  send a notice of the fact that process against such registered
    31  limited liability partnership or New  York  registered  foreign  limited
    32  liability partnership has been served electronically upon him or her, to
    33  such  registered  limited  liability  partnership or New York registered
    34  foreign limited liability partnership at the email address  on  file  in
    35  the department of state, specified for the purpose and shall make a copy
    36  of  the  process available to such registered limited liability partner-
    37  ship or New York registered foreign limited liability partnership.
    38    § 53. Subdivision 7 of section 339-n of  the  real  property  law,  as
    39  amended  by  chapter  346  of  the  laws  of 1997, is amended to read as
    40  follows:
    41    7. A designation of the secretary of state as agent of the corporation
    42  or board of managers upon whom process against it may be served and  the
    43  post  office address within or without this state to which the secretary
    44  of state shall mail a copy of any process against it served upon him  or
    45  her. The designation may include an email address to which the secretary
    46  of  state  shall  email a notice of the fact that process against it has
    47  been electronically served upon him or her. Service of  process  on  the
    48  secretary  of  state  as  agent of such corporation or board of managers
    49  shall be made [personally] in the manner provided by  paragraph  (a)  or
    50  (b)  of  this subdivision. (a) Personally delivering to and leaving with
    51  him or her or his or her deputy, or with any person  authorized  by  the
    52  secretary of state to receive such service, at the office of the depart-
    53  ment  of  state  in the city of Albany, duplicate copies of such process
    54  together with the statutory fee, which shall be a taxable  disbursement.
    55  Service  of  process  on  such corporation or board of managers shall be
    56  complete when the secretary of state is  so  served.  The  secretary  of

        S. 2508--A                         48                         A. 3008--A

     1  state  shall  promptly send one of such copies by certified mail, return
     2  receipt requested, to such corporation or board of managers, at the post
     3  office address, on file in the department of state, specified  for  such
     4  purpose.  (b)  Electronically  submitting  a  copy of the process to the
     5  department of state together with the statutory fee, which fee shall  be
     6  a  taxable  disbursement,  through  an electronic system operated by the
     7  department of state, provided the corporation or board of  managers  has
     8  an  email address on file in the department of state to which the secre-
     9  tary of state shall email a notice of the fact that process against  the
    10  corporation  or  board of managers has been served electronically on the
    11  secretary of state.  Service of process on such corporation or board  of
    12  managers  shall be complete when the secretary of state has reviewed and
    13  accepted service of such process. The secretary of state shall  promptly
    14  send  notice  of the fact that process has been served electronically on
    15  the secretary of state to such corporation or board of managers  at  the
    16  email  address  on  file  in  the department of state, specified for the
    17  purpose and shall make a copy of the process available  to  such  corpo-
    18  ration  or  board  of managers. Nothing in this subdivision shall affect
    19  the right to serve process in any other manner permitted by  law.    The
    20  corporation  or  board of managers shall also file with the secretary of
    21  state the name and post office address within or without this  state  to
    22  which the secretary of state shall mail a copy of any process against it
    23  served upon the secretary of state and shall update the filing as neces-
    24  sary.
    25    § 54. This act shall take effect January 1, 2023.

    26                                   PART P

    27    Section  1. The executive law is amended by adding a new section 142-b
    28  to read as follows:
    29    § 142-b. Remote notarization. 1. Definitions. As used in this section,
    30  the following terms have the following meanings:
    31    (a) "Audio-video communication" means being able  to  see,  hear,  and
    32  communicate with another individual in real time using electronic means.
    33    (b)  "Credential"  means  a  government-issued identification document
    34  that  includes  the  principal's  photograph,  signature,  and  multiple
    35  credential  security  features  such  as: a holographic image, raised or
    36  textured print, microprinting, laser engraving,  optical  variable  ink,
    37  long  life  multi-layer  PET (polyethylene terephthalate)/PVC (polyvinyl
    38  chloride) credential body construction, the issuing  agency's  seal,  or
    39  the  credential  holder's  physical characteristics (such as height, eye
    40  color, hair color).
    41    (c) "Credential analysis" means a process or service  which  authenti-
    42  cates  a credential through review of public and proprietary data sourc-
    43  es, and complies with the following criteria:
    44    (i) uses automated software processes to  aid  the  notary  public  in
    45  verifying the identity of a remotely located individual;
    46    (ii) ensures that the credential passes an authenticity test, consist-
    47  ent with sound commercial practices that:
    48    (1)  uses appropriate technologies to confirm the integrity of visual,
    49  physical, or cryptographic security features;
    50    (2) uses appropriate technologies to confirm that  the  identification
    51  credential is not fraudulent or inappropriately modified;
    52    (3)  uses  information  held  or published by the issuing source or an
    53  authoritative source, as available, to confirm the validity of  personal
    54  details and identification credential details; and

        S. 2508--A                         49                         A. 3008--A

     1    (iii) provides output of the credential analysis to the notary public;
     2  and
     3    (iv)  enables the notary public to visually compare the credential and
     4  the remotely located individual as viewed by the notary public  in  real
     5  time through audio-video communication.
     6    (d)  "Electronic"  shall have the same meaning as set forth in section
     7  three hundred two of the state technology law.
     8    (e) "Electronic record" means information evidencing any  act,  trans-
     9  action, occurrence, event or other activity, produced or stored by elec-
    10  tronic means and capable of being accurately reproduced in forms percep-
    11  tible by human sensory capabilities.
    12    (f) "Electronic signature" means an electronic sound, symbol, or proc-
    13  ess,  attached  to or logically associated with an electronic record and
    14  executed or adopted by a person with the intent to sign the record.
    15    (g) "Identity proofing" means a knowledge-based authentication process
    16  through which a third party confirms the identity of a principal through
    17  review of personal information from public and proprietary data  sources
    18  as may be further defined by regulation.
    19    (h)  "Notarial  act"  means  the  performance  of an act authorized by
    20  section one hundred thirty-five of this chapter.
    21    (i) "Principal" means an individual:
    22    (i) whose signature is reflected on a document that is notarized;
    23    (ii) who has taken an oath or affirmation  administered  by  a  notary
    24  public; or
    25    (iii)  whose  signature  is  reflected on a document that is notarized
    26  after the individual has taken an oath or affirmation administered by  a
    27  notary public.
    28    (j)  "Record" means information that is inscribed on a tangible medium
    29  or that is stored in an electronic or other medium and is retrievable in
    30  perceivable form.
    31    (k) "Remote notarization" means the act of performing any notarial act
    32  that is authorized under section one hundred thirty-five of this chapter
    33  where a principal who is not in the  physical  presence  of  the  notary
    34  public obtains a notarial act under subdivision two of this section.
    35    (l)  "Remote presentation" means display of a credential to the notary
    36  public through audio-video communication in a  manner  that  allows  the
    37  notary  public  to  compare the principal to the credential facial image
    38  and to examine the front and back of any credential.
    39    (m) "Wet signature" means a signature affixed  in  ink  or  pencil  or
    40  other material to a paper document.
    41    2. Any notary public qualified under this article is hereby authorized
    42  to  perform  a  remote  notarization by utilizing audio-video technology
    43  that allows the notary public to interact  with  a  principal,  provided
    44  that all conditions of this subdivision are met.
    45    (a)  The  notary public must verify the identity of the principal in a
    46  manner consistent with the requirements of  subdivision  three  of  this
    47  section. A notary public may require an individual to provide additional
    48  information or identification credentials necessary to assure the notary
    49  public of the identity of the principal.
    50    (b) The audio-video conference must allow for real-time, direct inter-
    51  action between the principal and the notary public.
    52    (c)  The  communication  technology  must  provide reasonable security
    53  measures to prevent unauthorized access to the audio-video communication
    54  and to the methods used to verify the identity of the principal.
    55    (d) A recording, containing both audio and video, of the remote notar-
    56  ization must be retained by the notary public for at least ten years.

        S. 2508--A                         50                         A. 3008--A

     1    (e) The notary public must take reasonable  steps  to  ensure  that  a
     2  backup of the recording of the remote notarization exists and is secured
     3  from  unauthorized  use.  A notary public may authorize a third party to
     4  retain such recordings on  behalf  of  the  notary,  provided  that  all
     5  recordings  retained by a third party be made available to the secretary
     6  upon request.
     7    (f) If a notarial act is performed under  this  section,  the  certif-
     8  icates of an acknowledgment must conform substantially with the language
     9  in  this paragraph that corresponds to the type of transaction at issue,
    10  the blanks being properly filled.
    11    (1) For a remote notarization when the principal  is  located  outside
    12  the State of New York:
    13    State of New York }ss.:
    14    County of ........}
    15    On  the  ..........  day of ........ in the year .....  before me, the
    16  undersigned,  appeared  through  use  of  audio   and   video   communi-
    17  cation........,  personally  known to me or proved to me on the basis of
    18  satisfactory evidence to be the individual(s)  whose  name(s)  is  (are)
    19  subscribed to the within instrument, acknowledged to me that he/she/they
    20  executed   the   same   in  his/her/their  capacity(ies),  and  that  by
    21  his/her/their signature(s) on the instrument, the individual(s), or  the
    22  person  upon  behalf  of  which  the  individual(s)  acted, executed the
    23  instrument, and who declared that (pronoun) (is) (are)  located  in  ...
    24  (jurisdiction  and  location  name)  and that this record is to be filed
    25  with or relates to a matter before a court, governmental entity,  public
    26  official, or other entity located in the territorial jurisdiction of the
    27  United States, or involves property located in the territorial jurisdic-
    28  tion  of,  or  a  transaction  substantially  connected with, the United
    29  States. (Signature and office of individual taking acknowledgement.)
    30    (2) For a remote notarization when the principal is located within the
    31  State of New York:
    32    State of New York }ss.:
    33    County of ........}
    34    On the .......... day of .....   in the  year  .....  before  me,  the
    35  undersigned,   appeared   through   use  of  audio  and  video  communi-
    36  cation........, personally known to me or proved to me on the  basis  of
    37  satisfactory  evidence  to  be  the individual(s) whose name(s) is (are)
    38  subscribed  to  the  within  instrument  and  acknowledged  to  me  that
    39  he/she/they  executed  the same in his/her/their capacity(ies), and that
    40  by his/her/their signature(s) on the instrument, the  individual(s),  or
    41  the  person  upon  behalf of which the individual(s) acted, executed the
    42  instrument. (Signature and office of individual taking acknowledgement.)
    43    (g) For receipt and certification of instruments, the  principal  must
    44  transmit  by fax or electronic means a legible copy of the signed signa-
    45  ture page directly to the notary public on the same date it  was  signed
    46  before the notary public affixes their wet signature.
    47    (h) The notary public must be physically situated in New York state at
    48  the time of the remote notarization.
    49    (i) The notary public must maintain a journal of each remote notariza-
    50  tion  performed  pursuant  to  this section, which upon demand, shall be
    51  subject to inspection by the secretary of state. The journal required by
    52  this subdivision shall be maintained by each notary public for  as  long
    53  as  such notary public remains in office and then for an additional five
    54  years thereafter. Each journal entry shall:
    55    (1) Be made contemporaneously with the  performance  of  the  notarial
    56  act;

        S. 2508--A                         51                         A. 3008--A

     1    (2) Indicate the date and approximate time of the notarial act;
     2    (3) Indicate the name of the principal;
     3    (4) Indicate the technology used to perform the remote presentation;
     4    (5) Indicate the number and type of notarial services provided; and
     5    (6) Indicate the type of credential used to identify the principal.
     6    3.  The notary public must be able to verify the identity of the prin-
     7  cipal at the time the notarial act is provided by one of  the  following
     8  methods:
     9    (a) The notary public's personal knowledge of the principal; or
    10    (b)  Identification  of  the principal who appears remotely before the
    11  notary by means of audio-video communication by each of the following:
    12    (i) Remote presentation by the principal of a credential;
    13    (ii) Credential analysis; and
    14    (iii) Identity proofing of the principal; or
    15    (c) Oath or affirmation of a credible witness who personally knows the
    16  principal and who is either personally known to the notary public or who
    17  is identified by the notary public under paragraph (b) of this  subdivi-
    18  sion.
    19    4.  The notary public may notarize the electronically transmitted copy
    20  of the document and transmit the document back to the principal by mail,
    21  or by fax or secure electronic means. If the notarized document is tran-
    22  smitted to the principal by fax or secure electronic means,  the  notary
    23  public  shall promptly destroy the original after receiving confirmation
    24  of the transmission. An electronically  transmitted  document  notarized
    25  pursuant  to  this section shall be considered an original document. The
    26  notary public may repeat the notarization of the original  signed  docu-
    27  ment  as  of  the  date of execution provided the notary public receives
    28  such original signed document together with the electronically notarized
    29  copy within thirty days after the date of execution.
    30    5. Notwithstanding article 9 of the real property law or any other law
    31  or regulation to the contrary, any act performed in conformity with this
    32  section shall be a permissive  alternative  to  a  personal  appearance,
    33  unless  a  law expressly excludes the authorization provided for in this
    34  section.
    35    6. Any person who suffers actual damages as a result  of  a  principal
    36  who  violates  any of the provisions of this section, shall have a civil
    37  cause of action against any such  principal  in  a  court  of  competent
    38  jurisdiction.
    39    7.  The  secretary  of  state  may promulgate regulations establishing
    40  minimum standards that relate to reasonable security measures to prevent
    41  unauthorized access to audio-video communication and to the methods used
    42  to verify the identity of the principal, and any other matters necessary
    43  to administer the provisions of this section.
    44    8. Pursuant to section one hundred thirty of this article, the  secre-
    45  tary  of  state may suspend or remove from office any notary public that
    46  violates this section.
    47    9. Notarial signature.
    48    (a) Nothing in this section shall be construed as permitting a  notary
    49  public  to use an electronic signature to perform a remote notarization.
    50  Each remote notarization shall be completed by wet signature.
    51    (b) A county clerk may certify pursuant to section one  hundred  thir-
    52  ty-three  of  this article the autograph signature of a notary public on
    53  any document that has been remotely notarized in  compliance  with  this
    54  section.

        S. 2508--A                         52                         A. 3008--A

     1    10. Fees. Notwithstanding section one hundred thirty-six of this arti-
     2  cle,  a  notary  public  that performs a remote notarization pursuant to
     3  this section shall be entitled to the following fees:
     4    (a)  For administering an oath or affirmation, and certifying the same
     5  when required, except where another fee is  specifically  prescribed  by
     6  statute, five dollars.
     7    (b) For taking and certifying the acknowledgment or proof of execution
     8  of  a written instrument, by one person, five dollars, and by each addi-
     9  tional person, five dollars, for swearing  each  witness  thereto,  five
    10  dollars.
    11    11. Nothing in this section shall be construed as requiring any notary
    12  public  to  perform a remote notarization. A notary public may refuse to
    13  perform a notarial act if the notary public is not  satisfied  that  (i)
    14  the  principal  is competent or has the capacity to execute a record, or
    15  (ii) the principal's signature is knowingly and voluntarily made.
    16    § 2. Subdivision 1 of section 309-a of the real property law, as sepa-
    17  rately amended by chapter 179 of the laws of 1997 and chapter 596 of the
    18  laws of 1998, is amended to read as follows:
    19    1. The certificate of an  acknowledgment,  within  this  state,  of  a
    20  conveyance  or  other  instrument in respect to real property situate in
    21  this state, by a person, must conform substantially with  the  following
    22  form, the blanks being properly filled:
    23  State of New York }ss.:
    24  County of ........}
    25  On  the  ..........  day  of  ........  in the year ..... before me, the
    26  undersigned, either (i) personally appeared or (ii) appeared remotely by
    27  audio and video technology ........, personally known to me or proved to
    28  me on the basis of satisfactory evidence to be the  individual(s)  whose
    29  name(s) is (are) subscribed to the within instrument and acknowledged to
    30  me  that  he/she/they  executed the same in his/her/their capacity(ies),
    31  and  that  by  his/her/their  signature(s)  on   the   instrument,   the
    32  individual(s),  or  the  person  upon  behalf of which the individual(s)
    33  acted, executed the instrument.
    34    (Signature and office of individual taking acknowledgement.)
    35    § 3. Subdivision 1 of section 309-b  of  the  real  property  law,  as
    36  amended  by  chapter  609  of  the  laws  of 2002, is amended to read as
    37  follows:
    38    1. The certificate of an acknowledgement, without  this  state,  of  a
    39  conveyance  or other instrument with respect to real property situate in
    40  this state, by a person, may conform substantially  with  the  following
    41  form, the blanks being properly filled:
    42  State, District of Columbia, Territory, Possession, or Foreign Country
    43                 ) ss.:

    44  On  the  _______  day  of  __________ in the year _______ before me, the
    45  undersigned, either (i) personally appeared or (ii) appeared remotely by
    46  audio and video technology ______________, personally  known  to  me  or
    47  proved   to  me  on  the  basis  of  satisfactory  evidence  to  be  the
    48  individual(s) whose name(s) is (are) subscribed to the within instrument
    49  and  acknowledged  to  me  that  he/she/they  executed   the   same   in
    50  his/her/their  capacity(ies),  and that by his/her/their signature(s) on
    51  the instrument, the individual(s), or the person upon  behalf  of  which
    52  the individual(s) acted, executed the instrument.
    53    (Signature and office of individual taking acknowledgement.)
    54    § 4. This act shall take effect immediately.

        S. 2508--A                         53                         A. 3008--A

     1                                   PART Q

     2    Section  1.  Paragraph  (b)  of subdivision 5 of section 8-0111 of the
     3  environmental conservation law, as amended by chapter 388 of the laws of
     4  2011, is amended to read as follows:
     5    (b) Actions subject to the provisions requiring a certificate of envi-
     6  ronmental compatibility and public need in articles seven, ten  and  the
     7  former  article  eight  of  the public service law or requiring a siting
     8  permit under section ninety-four-c of the executive law; or
     9    § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7
    10  of section 94-c of the executive law, as added by section 4 of part  JJJ
    11  of chapter 58 of the laws of 2020, is amended to read as follows:
    12    (i) Notwithstanding any other provision of law, rule, or regulation to
    13  the  contrary  and consistent with appropriations therefor, employees of
    14  any state agency who are necessary to the functions of  the  office  and
    15  who  may  be  substantially  engaged in the performance of its functions
    16  shall be transferred to the office in accordance with the provisions  of
    17  section  [seventy-eight]  seventy  of  the  civil service law. Employees
    18  transferred pursuant  to  this  section  shall  be  transferred  without
    19  further  examination  or qualification and shall retain their respective
    20  civil service classifications. Nothing set  forth  in  this  subdivision
    21  shall be construed to impede, infringe, or diminish the rights and bene-
    22  fits  that accrue to employees through collective bargaining agreements,
    23  impact or change an employee's  membership  in  a  bargaining  unit,  or
    24  otherwise  diminish the integrity of the collective bargaining relation-
    25  ship.
    26    (d) In addition to the fees established pursuant to paragraph  (a)  of
    27  this  subdivision,  the office, pursuant to regulations adopted pursuant
    28  to this section, may assess a fee for the purpose  of  recovering  [the]
    29  costs the office incurs [related to reviewing and processing an applica-
    30  tion submitted under this section].
    31    §  3.  Subdivision  2-b  of  section  2  of the public service law, as
    32  amended by chapter 6 of the laws of 2011, is amended to read as follows:
    33    2-b. The term "alternate energy production  facility,"  when  used  in
    34  this  chapter,  includes any solar, wind turbine, fuel cell, tidal, wave
    35  energy, waste management resource recovery,  refuse-derived  fuel,  wood
    36  burning  facility,  or  energy  storage device utilizing batteries, flow
    37  batteries, flywheels or compressed air, together with any related facil-
    38  ities located at the same project  site,  with  an  electric  generating
    39  capacity  of  [up  to  eighty]  less  than  twenty-five megawatts, which
    40  produces electricity, gas or useful thermal energy.
    41    § 4. This act shall take effect immediately and  shall  be  deemed  to
    42  have been in full force and effect on and after April 3, 2020; provided,
    43  however,  that  section  three  of this act shall not apply to any major
    44  electric generating facility issued a certificate under  article  10  of
    45  the  public  service  law prior to such date; and provided further, that
    46  the amendments to section 94-c of the executive law, made by section two
    47  of this act, shall not affect the repeal of such section  and  shall  be
    48  deemed repealed therewith.

    49                                   PART R

    50    Section  1.  Notwithstanding  any  provision  of  law to the contrary,
    51  general, special or local, (1) a building owner is  authorized  pursuant
    52  to  sections  28-320-3.6  and 28-320-3.6.1 of the administrative code of
    53  the city of New York to deduct from the reported annual  building  emis-

        S. 2508--A                         54                         A. 3008--A

     1  sions  the  number of renewable energy credits purchased by or on behalf
     2  of such owner associated with energy  produced  by  a  renewable  energy
     3  resource  that is eligible under tier 2 of the renewable energy standard
     4  (RES)  adopted by the public service commission, or qualifying renewable
     5  energy credits made available through contracts with the New York  state
     6  energy  research  and  development  authority and associated with energy
     7  produced by offshore wind energy resources delivering into  the  zone  J
     8  load  zone  or  energy resources subject to tier 4 of the RES; provided,
     9  however, that such building owner may only use tier 2  renewable  energy
    10  credits  for  the  purposes  of  this  subdivision in the absence of the
    11  availability of such offshore wind or tier 4 renewable  energy  credits;
    12  and (2) renewable energy credits associated with energy produced by such
    13  offshore  wind,  tier 2 and tier 4 energy resources shall be treated the
    14  same with respect to the conversion of such credits into emissions  that
    15  may be deducted by such building owner.
    16    §  2.  This  act shall take effect immediately and shall expire and be
    17  deemed repealed December 31, 2034.

    18                                   PART S

    19    Section 1. The public authorities law  is  amended  by  adding  a  new
    20  section 2564-a to read as follows:
    21    § 2564-a. Additional powers of the corporation. 1. For the purposes of
    22  this section, the following terms shall have the following meanings:
    23    (a)  "premises"  means  all  buildings and structures now or hereafter
    24  constituting all or any part of the Jacob K. Javits Convention Center at
    25  and in the general vicinity of 655 West 34th Street and  650  West  39th
    26  Street, New York, New York, together with the lands on which such build-
    27  ings and structures are or will be located.
    28    (b)  "New  York city codes" means the New York city construction codes
    29  of two thousand fourteen, including but not  limited  to  the  building,
    30  mechanical,  plumbing,  fuel gas, and energy conservation codes; the New
    31  York city construction and maintenance code of nineteen  hundred  sixty-
    32  eight;  the  New  York  city fire code of two thousand fourteen; the New
    33  York city electrical code; the New York city energy code; title  one  of
    34  the rules of the city of New York, department of buildings; title two of
    35  the  rules  of  the city of New York board of standards and appeals; and
    36  title three of the rules of the city of New York fire department.
    37    (c)  "The  uniform  code"  means  the  New  York  state  uniform  fire
    38  prevention and building code.
    39    (d) "The NYS energy code" means the New York state energy conservation
    40  construction code.
    41    (e) "Part twelve hundred four" means part twelve hundred four of title
    42  nineteen  of  the  codes,  rules  and  regulations of New York state, as
    43  amended.
    44    2. In connection with the operations  and  ongoing  events  and  other
    45  activities  at any building or structure constituting all or any part of
    46  a premises, the corporation may, for purposes of such premises,  act  as
    47  the  construction-permitting  agency pursuant to article eighteen of the
    48  executive law and the regulations promulgated  thereunder,  as  amended.
    49  Notwithstanding  any  other  provision  of any other state or local law,
    50  rule or regulation to the contrary:
    51    (a) when the corporation acts as  the  construction-permitting  agency
    52  for  the  premises or any portion thereof, the corporation may elect, if
    53  deemed feasible and appropriate, to subject all  or  any  part  of  such
    54  premises  and  all buildings and structures constituting all or any part

        S. 2508--A                         55                         A. 3008--A

     1  of the premises to the requirements of  the  New  York  city  codes,  as
     2  amended,  instead  of  the  requirements of the uniform code and the NYS
     3  energy code, as amended, for such premises; and
     4    (b)  Notwithstanding the fact that such premises and all buildings and
     5  structures constituting all or  any  part  of  such  premises  shall  be
     6  subject  to  the  requirements of the New York city codes instead of the
     7  requirements of the uniform code and NYS energy code:
     8    (i) the corporation shall be authorized to:
     9    (A) render such services for all or any portion of any  such  premises
    10  without  approval  of  any  other  state  department, agency, officer or
    11  office but only as directly related to the  authority  granted  by  this
    12  section; and
    13    (B)  take all reasonably required actions to execute its duties as the
    14  construction-permitting  agency,  including  without  limitation,  those
    15  required  to review, permit and inspect the premises and enforce the New
    16  York city codes; and
    17    (C) issue temporary place of  assembly  permits,  temporary  structure
    18  permits,  construction permits and all other permits available under the
    19  New York city codes after determining any  request  or  application  for
    20  such  permits complies with the requirements of the New York city codes;
    21  and
    22    (D) issue a code compliance certificate, certificate of occupancy,  or
    23  a  temporary  approval  for  occupancy allowing use and occupancy of the
    24  premises or parts thereof after determining such premises or parts ther-
    25  eof complies with the requirements of the New York city codes; and
    26    (E) employ  such  experts  and  consultants  as  shall  reasonably  be
    27  required  to fulfill its responsibilities as the construction-permitting
    28  agency; and
    29    (ii) the corporation shall continue to act as the construction-permit-
    30  ting agency for such premises  and  for  all  buildings  and  structures
    31  constituting  all or any part of such premises, and shall determine that
    32  the design of any such building and structure, or,  if  applicable,  the
    33  design  of  any  phase  or  portion  of  any such building or structure,
    34  complies with the requirements of the New York city codes before issuing
    35  a construction permit for  such  building  or  structure,  or  phase  or
    36  portion  thereof,  and  shall determine that such building or structure,
    37  or, if applicable, any phase  or  portion  thereof,  complies  with  the
    38  requirements of the New York city codes before issuing a code compliance
    39  certificate  or  temporary  approval  for occupancy for such building or
    40  structure, or phase or portion thereof; and
    41    (iii) upon written request of the corporation or any other  interested
    42  party  for a variance or modification of any provision or requirement of
    43  any one or more of the New York city  codes,  the  department  of  state
    44  shall  be  authorized  to  consider  the evidence offered and such other
    45  reports, studies and other information the department of state may  deem
    46  appropriate,  arrange for the review of the request by other state agen-
    47  cies or internal or external experts and consultants, make  findings  of
    48  fact  and  conclusions  of law, and render a decision in writing on such
    49  request, granting or denying, in whole or in part, the  requested  vari-
    50  ance or modification, provided, however, that:
    51    (A)  no  such  variance  or  modification  shall be granted unless the
    52  applicant establishes to the satisfaction of  the  department  of  state
    53  that  granting such variance or modification shall not materially affect
    54  adversely provisions for health, safety and security; and

        S. 2508--A                         56                         A. 3008--A

     1    (B) any decision to grant a variance or modification, in whole  or  in
     2  part,  shall  also  be  noted on the applicable plans and specifications
     3  signed and sealed by a professional engineer or architect; and
     4    (iv)  such  premises and all buildings and structures constituting all
     5  or any part of such  premises  shall  continue  to  be  subject  to  the
     6  provisions  of part twelve hundred four; provided, however, that for the
     7  purposes of applying part twelve hundred four, all  references  in  part
     8  twelve hundred four to the uniform code shall be deemed to be references
     9  to the New York city codes; and
    10    (v)  no  municipal  corporation  or subdivision thereof shall have the
    11  power to modify or change the plans or specifications for such premises,
    12  or the construction, plumbing, heating,  lighting  or  other  mechanical
    13  branch  work  necessary to complete the work in question, nor to require
    14  that any person, firm or corporation employed on  any  such  work  shall
    15  perform  any  such work in any other different manner than that required
    16  by such plans and specifications, nor  to  conduct  construction-related
    17  inspections,  including  but  not  limited to fire safety inspections or
    18  other inspections of such premises  or  of  any  building  or  structure
    19  constituting  all  or any part of such premises, nor to issue notices of
    20  violation, orders to remedy,  summonses,  or  other  enforcement-related
    21  instruments  of  any  kind  relating to any alleged violation of the New
    22  York city codes by such premises or any building or structure constitut-
    23  ing all or any part of such premises, and no  condition  or  requirement
    24  whatever may be imposed by any such municipal corporation or subdivision
    25  thereof  in  relation  to work being done on such premises, as such work
    26  shall be under the sole control of the corporation  in  accordance  with
    27  the  plans,  specification  and  contracts in relation thereto, provided
    28  that emergency personnel shall have access  to  the  premises  site  for
    29  purposes of emergency operations, coordination, and preparedness; and
    30    (c)  the  corporation  shall  be  responsible for reimbursement to the
    31  department of state for costs incurred in considering a  request  for  a
    32  variance  or modification as contemplated by subparagraph (iii) of para-
    33  graph (b) of this subdivision.
    34    3. Nothing in this section shall prohibit the corporation from negoti-
    35  ating an agreement with the applicable municipal corporation  to  assume
    36  administration  and  enforcement of any applicable codes with respect to
    37  the premises or any individual project on the premises.
    38    4. Nothing in this section shall prohibit the corporation from utiliz-
    39  ing the uniform code and the NYS energy code, as amended for  any  addi-
    40  tional work that requires a construction permit.
    41    § 2. This act shall take effect immediately.

    42                                   PART T

    43    Section  1.  Legislative  Findings.  The  legislature hereby finds and
    44  determines that the establishment of  the  utility  debt  securitization
    45  authority  under  part B of chapter 173 of the laws of 2013, as amended,
    46  permitted the issuance of securitized restructuring bonds  on  favorable
    47  terms  which  resulted in lower aggregate distribution, transmission and
    48  transition charges to Long Island ratepayers, compared to  other  avail-
    49  able alternatives, and the purposes of such act will be further advanced
    50  by  amending  such  act  to permit the issuance of additional such bonds
    51  subject to a limit on the outstanding principal amount  thereof  and  to
    52  allow  such bonds to be issued to refund bonds of the utility debt secu-
    53  ritization authority. The legislature hereby further  finds  and  deter-
    54  mines  that  improvements to the transmission and distribution system of

        S. 2508--A                         57                         A. 3008--A

     1  the Long Island Power Authority to increase resiliency and better  with-
     2  stand  the effects of climate change are necessary, and that issuance of
     3  securitized restructuring  bonds  by  the  Utility  Debt  Securitization
     4  Authority  may  allow the funding of such improvements on more favorable
     5  terms than if such bonds were issued by the Long Island Power Authority.
     6    § 2. Subdivision 2 of section 2 of part B of chapter 173 of  the  laws
     7  of  2013  relating to the issuance of securitized restructuring bonds to
     8  refinance the outstanding debt of the Long Island  power  authority,  is
     9  amended to read as follows:
    10    2.  "Approved  restructuring  costs"  means, to the extent approved as
    11  such under a restructuring cost financing order, (a) costs  of  purchas-
    12  ing, redeeming or defeasing a portion of outstanding debt of the author-
    13  ity  or  the restructuring bond issuer, including bonds and notes issued
    14  by the authority or the restructuring bond issuer, debt  issued  by  the
    15  New York state energy research and development authority for the benefit
    16  of  the LILCO; (b) costs of terminating interest rate swap contracts and
    17  other financial contracts entered into by or  for  the  benefit  of  the
    18  authority  and related to debt obligations of the authority; (c) rebate,
    19  yield reduction payments and any other amounts  payable  to  the  United
    20  States  Treasury  or  to  the  Internal  Revenue  Service to preserve or
    21  protect the federal tax-exempt status of outstanding debt obligations of
    22  the  authority;  [and]  (d)  upfront  financing  costs  associated  with
    23  restructuring bonds; and (e) system resiliency costs.
    24    §  3. Subdivision 11 of section 2 of part B of chapter 173 of the laws
    25  of 2013 relating to the issuance of securitized restructuring  bonds  to
    26  refinance  the  outstanding  debt of the Long Island power authority, as
    27  amended by section 2-a of part W of chapter 58 of the laws of  2015,  is
    28  amended to read as follows:
    29    11.  "Restructuring  bonds"  means bonds or other evidences of indebt-
    30  edness that are issued pursuant to an indenture or  other  agreement  of
    31  the restructuring bond issuer under a restructuring cost financing order
    32  (a)  the proceeds of which are used, directly or indirectly, to recover,
    33  finance, or refinance approved restructuring costs, (b) that are direct-
    34  ly or indirectly secured by, or payable  from,  restructuring  property,
    35  and  (c) that have a term no longer than thirty years [and (d) that have
    36  a final scheduled maturity date no later than the final scheduled  matu-
    37  rity  date  of  the authority bonds purchased, redeemed or defeased with
    38  the proceeds of such restructuring bonds].
    39    § 4. Section 2 of part B of chapter 173 of the laws of  2013  relating
    40  to  the  issuance  of  securitized  restructuring bonds to refinance the
    41  outstanding debt of the Long  Island  power  authority,  is  amended  by
    42  adding a new subdivision 17-a to read as follows:
    43    17-a.  "System resiliency costs" means, to the extent approved as such
    44  under a restructuring cost financing order, costs of rebuilding, improv-
    45  ing or constructing  transmission  and  distribution  system  assets  to
    46  increase resiliency of such assets, better withstand changes in climate,
    47  absorb  impacts  from  outage-inducing  events, and recover quickly from
    48  outages including but not limited to, improvements to and replacement of
    49  poles and wires, moving power lines  underground,  raising  substations,
    50  constructing flood barriers, and system automation and costs of purchas-
    51  ing,  redeeming  or  defeasing debt of the authority incurred to finance
    52  such costs or reimbursing the authority for  amounts  already  spent  on
    53  such costs.
    54    §  5.  Subdivision 1 of section 3 of part B of chapter 173 of the laws
    55  of 2013 relating to the issuance of securitized restructuring  bonds  to

        S. 2508--A                         58                         A. 3008--A

     1  refinance  the  outstanding  debt of the Long Island power authority, is
     2  amended to read as follows:
     3    1.  Standard. The authority may prepare a restructuring cost financing
     4  order (a) for the purpose of issuing restructuring  bonds  to  refinance
     5  outstanding debt of the authority or the restructuring bond issuer based
     6  on a finding that such bond issuance is expected to result in savings to
     7  consumers  of  electric  transmission  and  distribution services in the
     8  service area on a net present value basis; or (b)  for  the  purpose  of
     9  issuing  restructuring bonds to finance system resiliency costs based on
    10  a finding that funding of such system resiliency  costs  by  the  issuer
    11  would  result  in  lower costs to consumers of electric transmission and
    12  distribution services in the service area on a net present  value  basis
    13  than funding of such costs by the authority.
    14    §  6. Paragraph (a) of subdivision 1 of section 4 of part B of chapter
    15  173 of the laws of 2013 relating to the issuance of securitized restruc-
    16  turing bonds to refinance the outstanding debt of the Long Island  power
    17  authority,  as  amended by section 3 of part W of chapter 58 of the laws
    18  of 2015, is amended to read as follows:
    19    (a) For the purpose of effectuating the purposes declared  in  section
    20  one  of  this  act,  there is hereby created a special purpose corporate
    21  municipal instrumentality of the state to  be  known  as  "utility  debt
    22  securitization  authority", which shall be a body corporate and politic,
    23  a political subdivision of the state, and a public benefit  corporation,
    24  exercising  essential governmental and public powers for the good of the
    25  public.  Such restructuring bond issuer shall not be created  or  organ-
    26  ized,  and  its  operations  shall  not be conducted, for the purpose of
    27  making a profit. No part of the revenues or assets of such restructuring
    28  bond issuer shall inure to the benefit of or  be  distributable  to  its
    29  trustees  or  officers  or  any  other private persons, except as herein
    30  provided for actual services rendered.  [The aggregate principal  amount
    31  of  restructuring  bonds  authorized  to be issued by restructuring bond
    32  issuers created pursuant to this act shall not exceed] No more than four
    33  billion five hundred  million  dollars  aggregate  principal  amount  of
    34  restructuring  bonds issued by restructuring bond issuers created pursu-
    35  ant to this act shall be outstanding at any time. For  the  purposes  of
    36  this  section, restructuring bonds shall not be deemed to be outstanding
    37  if they have matured or if they have been paid or redeemed or  provision
    38  for payment or redemption of such bonds shall have been made.
    39    §  7.  Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 of
    40  section 4 of part B of chapter 173 of the laws of 2013 relating  to  the
    41  issuance   of   securitized   restructuring   bonds   to   refinance the
    42  outstanding debt of the Long Island power authority, subparagraph (i) as
    43  amended and subparagraph (iv) as added by section 4 of part W of chapter
    44  58 of the laws of 2015,  are  amended to read as follows:
    45    (i) issue the restructuring bonds contemplated by a restructuring cost
    46  financing order, and use the proceeds thereof to  purchase  or  acquire,
    47  and  to  own,  hold  and  use  restructuring  property or to pay or fund
    48  upfront financing costs [provided, however, that the restructuring  bond
    49  issuer  shall not issue restructuring bonds for the purpose of refunding
    50  other restructuring bond];
    51    (iv) [only] issue restructuring bonds of  which  the  final  scheduled
    52  maturity  date  of  any  series of restructuring bonds shall be no later
    53  than [the final scheduled maturity date of the  authority  bonds  to  be
    54  purchased,  redeemed or defeased with the proceeds of such restructuring
    55  bonds] thirty years from the date  of  issuance  of  such  restructuring
    56  bonds.

        S. 2508--A                         59                         A. 3008--A

     1    § 8. This act shall take effect immediately.

     2                                   PART U

     3    Section  1.    Paragraph  4 of subdivision (c) of section 188-a of the
     4  economic development law, as added by section 2 of part CC of chapter 60
     5  of the laws of 2011, is amended to read as follows:
     6    (4) The board may base its recommendation on which eligible applicants
     7  it determines best meet the applicable criteria; provided, however, that
     8  the board shall dedicate recharge New York  power  as  follows:  (i)  at
     9  least three hundred fifty megawatts for use at facilities located within
    10  the  service  territories of the utility corporations that, prior to the
    11  effective date of this section, purchased  Niagara  and  Saint  Lawrence
    12  hydroelectric  power for the benefit of their domestic and rural consum-
    13  ers; (ii) at least two hundred megawatts for the purposes of  attracting
    14  new  business  to  the state, creating new business within the state, or
    15  encouraging the expansion of existing businesses within the state,  that
    16  create  new jobs or leverage new capital investment; and (iii) an amount
    17  not to exceed one hundred fifty megawatts for eligible small  businesses
    18  and eligible not-for-profit corporations.
    19    § 2. This act shall take effect immediately.

    20                                   PART V

    21    Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
    22  law, as amended by chapter 188 of the laws of 2003, are amended to  read
    23  as follows:
    24    (e) "Industrial insured" means an insured:
    25    (1) whose net worth exceeds one hundred million dollars;
    26    (2)  who  is  a  member  of  a  holding company system whose net worth
    27  exceeds one hundred million dollars;
    28    (3) who is the metropolitan transportation authority and its statutory
    29  subsidiaries. When filing an application to form a pure  captive  insur-
    30  ance  company  the  metropolitan  transportation  authority shall submit
    31  written notice of such filing to the governor, the  temporary  president
    32  of the senate and the speaker of the assembly; [or]
    33    (4) who is the power authority of the state of New York and any statu-
    34  tory subsidiary or affiliate thereof. When filing an application to form
    35  a  pure captive insurance company the power authority shall submit writ-
    36  ten notice of such filing to the governor, the  temporary  president  of
    37  the senate and the speaker of the assembly; or
    38    (5)  who  is  a  city  with  a population of one million or more. When
    39  filing an application to form a pure captive insurance company,  a  city
    40  with  a population of one million or more shall submit written notice of
    41  such filing to the governor, the temporary president of the  senate  and
    42  the speaker of the assembly.
    43    (g)  "Industrial insured group" means any group of unaffiliated indus-
    44  trial insureds that are engaged in  similar  or  related  businesses  or
    45  activities,  however,  the  metropolitan  transportation  authority, the
    46  power authority of the state of New York and any statutory subsidiary or
    47  affiliate thereof and cities with a population of one  million  or  more
    48  shall  not  be a member of an industrial insured group, and that collec-
    49  tively:
    50    (1) own, control or hold with power to vote  all  of  the  outstanding
    51  voting shares of stock of a group captive insurance company incorporated
    52  as a stock insurer; or

        S. 2508--A                         60                         A. 3008--A

     1    (2)  represent  one  hundred  percent of the voting members of a group
     2  captive insurance company organized as a mutual insurer.
     3    § 2. Section 1005 of the public authorities law is amended by adding a
     4  new subdivision 28 to read as follows:
     5    28.  The  authority  may  establish  a  subsidiary corporation for the
     6  purpose of forming a pure  captive  insurance  company  as  provided  in
     7  section  seven  thousand  two  of the insurance law. The members of such
     8  subsidiary corporation of the authority shall be the same persons  hold-
     9  ing the offices of members of the authority. Such subsidiary corporation
    10  shall  have  all of the privileges, immunities, tax exemptions and other
    11  exemptions of the authority and of the authority's  property,  functions
    12  and  activities.  The  subsidiary  corporation of the authority shall be
    13  subject to suit in accordance with section  one  thousand  seventeen  of
    14  this  title.  The  employees  of any such subsidiary corporation, except
    15  those who are also employees of  the  authority,  shall  not  be  deemed
    16  employees of the authority.
    17    §  3.  Subdivision  (a)  of section 1500 of the tax law, as amended by
    18  section 21 of part A of chapter 59 of the laws of 2014,  is  amended  to
    19  read as follows:
    20    (a)  The  term "insurance corporation" includes a corporation, associ-
    21  ation, joint stock company or association, person, society,  aggregation
    22  or  partnership,  by  whatever  name known, doing an insurance business,
    23  and, notwithstanding the provisions of section fifteen hundred twelve of
    24  this article, shall include (1) a risk retention  group  as  defined  in
    25  subsection  (n)  of section five thousand nine hundred two of the insur-
    26  ance law, (2) the state insurance fund and (3)  a  corporation,  associ-
    27  ation,  joint stock company or association, person, society, aggregation
    28  or partnership doing an insurance business as a member of the  New  York
    29  insurance  exchange described in section six thousand two hundred one of
    30  the  insurance  law.  The  definition  of  the  "state  insurance  fund"
    31  contained  in  this  subdivision  shall  be limited in its effect to the
    32  provisions of this article and the related provisions  of  this  chapter
    33  and  shall  have  no  force  and  effect other than with respect to such
    34  provisions. The  term  "insurance  corporation"  shall  also  include  a
    35  captive insurance company doing a captive insurance business, as defined
    36  in  subsections (c) and (b), respectively, of section seven thousand two
    37  of the insurance law; provided, however, "insurance  corporation"  shall
    38  not include the metropolitan transportation authority, the power author-
    39  ity  of  New York or any statutory subsidiary or affiliate thereof, or a
    40  public benefit corporation or not-for-profit  corporation  formed  by  a
    41  city with a population of one million or more pursuant to subsection (a)
    42  of  section  seven  thousand five of the insurance law, each of which is
    43  expressly exempt from the payment of fees, taxes or assessments, whether
    44  state or local; and provided further "insurance  corporation"  does  not
    45  include  any  combinable  captive insurance company. The term "insurance
    46  corporation" shall also include an unauthorized insurer  operating  from
    47  an office within the state, pursuant to paragraph five of subsection (b)
    48  of  section  one  thousand one hundred one and subsection (i) of section
    49  two thousand one hundred  seventeen  of  the  insurance  law.  The  term
    50  "insurance  corporation" also includes a health maintenance organization
    51  required to obtain a certificate of authority under  article  forty-four
    52  of the public health law.
    53    §  4.  Subdivision (a) of section 1502-b of the tax law, as amended by
    54  section 22 of part A of chapter 59 of the laws of 2014,  is  amended  to
    55  read as follows:

        S. 2508--A                         61                         A. 3008--A

     1    (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
     2  hundred  one, fifteen hundred two-a, fifteen hundred five-a, and fifteen
     3  hundred ten of this article, every captive insurance company licensed by
     4  the superintendent of financial services pursuant to the  provisions  of
     5  article seventy of the insurance law, other than the metropolitan trans-
     6  portation  authority,  the  power authority of New York or any statutory
     7  subsidiary or affiliate thereof, and a  public  benefit  corporation  or
     8  not-for-profit  corporation  formed  by  a city with a population of one
     9  million or more pursuant to subsection (a)  of  section  seven  thousand
    10  five  of  the  insurance law, each of which is expressly exempt from the
    11  payment of fees, taxes or assessments whether state or local, and  other
    12  than  combinable  captive insurance company, shall, for the privilege of
    13  exercising its corporate franchise, pay a tax on (1)  all  gross  direct
    14  premiums,  less  return  premiums  thereon,  written on risks located or
    15  resident in this state and (2) all assumed  reinsurance  premiums,  less
    16  return  premiums  thereon,  written on risks located or resident in this
    17  state. The rate of the tax imposed on gross  direct  premiums  shall  be
    18  four-tenths  of  one  percent  on  all  or  any part of the first twenty
    19  million dollars of premiums, three-tenths of one percent on all  or  any
    20  part of the second twenty million dollars of premiums, two-tenths of one
    21  percent on all or any part of the third twenty million dollars of premi-
    22  ums,  and  seventy-five  thousandths  of  one  percent on each dollar of
    23  premiums thereafter. The rate of the tax on assumed reinsurance premiums
    24  shall be two hundred twenty-five thousandths of one percent  on  all  or
    25  any  part  of  the first twenty million dollars of premiums, one hundred
    26  and fifty thousandths of one percent on all or any part  of  the  second
    27  twenty  million dollars of premiums, fifty thousandths of one percent on
    28  all or any part of the third twenty  million  dollars  of  premiums  and
    29  twenty-five thousandths of one percent on each dollar of premiums there-
    30  after.  The tax imposed by this section shall be equal to the greater of
    31  (i) the sum of the tax imposed on gross  direct  premiums  and  the  tax
    32  imposed on assumed reinsurance premiums or (ii) five thousand dollars.
    33    § 5. This act shall take effect immediately.

    34                                   PART W

    35    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    36  research and development authority for  services  and  expenses  of  the
    37  energy   research,  development  and  demonstration  program,  including
    38  grants, the energy policy and planning program, the zero emissions vehi-
    39  cle and electric vehicle rebate program, and the Fuel NY  program  shall
    40  be  subject  to  the  provisions  of this section.   Notwithstanding the
    41  provisions of subdivision 4-a of section 18-a of the public service law,
    42  all moneys committed or expended in an amount not to exceed  $22,700,000
    43  shall  be  reimbursed by assessment against gas corporations, as defined
    44  in subdivision 11 of section 2 of the public service  law  and  electric
    45  corporations  as  defined  in  subdivision 13 of section 2 of the public
    46  service law, where such gas corporations and electric corporations  have
    47  gross  revenues from intrastate utility operations in excess of $500,000
    48  in the preceding calendar year, and the total amount assessed  shall  be
    49  allocated to each electric corporation and gas corporation in proportion
    50  to  its  intrastate  electricity  and  gas revenues in the calendar year
    51  2019. Such  amounts  shall  be  excluded  from  the  general  assessment
    52  provisions  of  subdivision 2 of section 18-a of the public service law.
    53  The chair of the public service commission shall bill  such  gas  and/or
    54  electric  corporations for such amounts on or before August 10, 2021 and

        S. 2508--A                         62                         A. 3008--A

     1  such amounts shall be paid to the New York  state  energy  research  and
     2  development authority on or before September 10, 2021. Upon receipt, the
     3  New  York  state energy research and development authority shall deposit
     4  such  funds in the energy research and development operating fund estab-
     5  lished pursuant to section 1859 of the public authorities law.  The  New
     6  York  state  energy research and development authority is authorized and
     7  directed to: (1) transfer up to $4 million to the state general fund for
     8  climate change related services and expenses of the department of  envi-
     9  ronmental  conservation, $150,000 to the state general fund for services
    10  and expenses of the department of agriculture and markets, and  $825,000
    11  to  the University of Rochester laboratory for laser energetics from the
    12  funds received; and (2) commencing in 2016, provide to the chair of  the
    13  public  service commission and the director of the budget and the chairs
    14  and secretaries of the  legislative  fiscal  committees,  on  or  before
    15  August  first  of each year, an itemized record, certified by the presi-
    16  dent and chief executive officer of the authority, or his or her  desig-
    17  nee,  detailing  any  and all expenditures and commitments ascribable to
    18  moneys received as a result of this  assessment  by  the  chair  of  the
    19  department  of  public  service  pursuant  to section 18-a of the public
    20  service law.  This itemized record shall include an  itemized  breakdown
    21  of the programs being funded by this section and the amount committed to
    22  each  program.  The  authority shall not commit for any expenditure, any
    23  moneys derived from the assessment provided for in this  section,  until
    24  the  chair  of  such authority shall have submitted, and the director of
    25  the budget shall have approved, a comprehensive  financial  plan  encom-
    26  passing  all  moneys  available  to  and all anticipated commitments and
    27  expenditures by such authority from any source  for  the  operations  of
    28  such  authority.    Copies  of the approved comprehensive financial plan
    29  shall be immediately submitted by the chair to  the  chairs  and  secre-
    30  taries of the legislative fiscal committees. Any such amount not commit-
    31  ted  by such authority to contracts or contracts to be awarded or other-
    32  wise expended by the authority during the fiscal year shall be  refunded
    33  by such authority on a pro-rata basis to such gas and/or electric corpo-
    34  rations,  in  a  manner  to  be  determined  by the department of public
    35  service, and any refund amounts must be  explicitly  lined  out  in  the
    36  itemized record described above.
    37    §  2.  This  act  shall take effect immediately and shall be deemed to
    38  have been in full force and effect on and after April 1, 2021.

    39                                   PART X

    40    Section 1. Section 11-0701 of the environmental conservation  law,  as
    41  amended  by  section  1-a  of  part R of chapter 58 of the laws of 2013,
    42  paragraph a of subdivision 1 as amended by section 21 and subdivision  9
    43  as  amended  by section 17 of part EE of chapter 55 of the laws of 2014,
    44  is amended to read as follows:
    45  § 11-0701. Definitions of licenses and privileges of licensees.
    46    1. A hunting license[:
    47    a.] entitles a holder  who  is  twelve  [or],  thirteen,  fourteen  or
    48  fifteen years of age to hunt wildlife[, except big game,] as provided in
    49  title  9  of  this  article  subject, specifically, to the provisions of
    50  section 11-0929 of this article. It  entitles  such  holder  to  possess
    51  firearms  as  provided in section 265.05 of the penal law. [A holder who
    52  is twelve or thirteen years of age shall not hunt with a crossbow.
    53    b. entitles a holder who is fourteen or fifteen years of age  to  hunt
    54  wildlife,  including  wild deer and bear, as provided in title 9 of this

        S. 2508--A                         63                         A. 3008--A

     1  article, subject, specifically, to the provisions of section 11-0929  of
     2  this article. It entitles such holder to possess firearms as provided in
     3  section 265.05 of the penal law.]
     4    2.  a.  A hunting license entitles the holder to hunt wildlife subject
     5  to the following:
     6    (1) a holder who is eighteen years of age or older may  hunt  wildlife
     7  as provided in title 9 of this article,
     8    (2)  a  holder who is sixteen years of age or older may hunt wildlife,
     9  except big game, as provided in title 9 of this article, [and]
    10    (3) a holder who is between the ages of sixteen and eighteen may  hunt
    11  big game pursuant to the provisions of title 9 of this article while the
    12  holder  is  accompanied  by a parent, guardian or person over the age of
    13  eighteen as required by section 11-0929 of this article[.
    14    A] , and
    15    (4) a holder may take fish with a longbow as provided in titles 9  and
    16  13 this article.
    17    b.  A  special antlerless deer license is applicable to the hunting of
    18  wild antlerless deer in a special open season fixed pursuant to subdivi-
    19  sion 6 of section 11-0903 of this article in a tract within a Wilderness
    20  Hunting Area and entitles the  holder  of  a  hunting  license  to  hunt
    21  antlerless  deer  in such special open season, as provided in title 9 of
    22  this article if he or she has on his or her person while so hunting both
    23  his or her hunting license  and  his  or  her  special  antlerless  deer
    24  license.
    25    3.  A bowhunting privilege when included on a hunting license entitles
    26  a holder:
    27    (1) who is between the ages of twelve and sixteen years to  hunt  wild
    28  deer  and  bear  with  a  longbow or crossbow during the special archery
    29  season and during the regular season, as provided in  title  9  of  this
    30  article,  subject to the provisions of section 11-0929 and subdivision 3
    31  of section 11-0713 of this article;
    32    (2) who is eighteen years of age or older to hunt wild deer  and  bear
    33  with a longbow or crossbow, as provided in title 9 of this article, in a
    34  special archery season; and
    35    (3)  who  is  sixteen  or  seventeen years of age to exercise the same
    36  privileges subject to the provisions of section 11-0929 and  subdivision
    37  3 of section 11-0713 of this article.
    38    4.  A  fishing  license  entitles  the holder to take fish by angling,
    39  spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
    40  ing with the hands or by use of a club or hook, and to  take  bait  fish
    41  for personal use, as provided in titles 9 and 13 of this article, except
    42  that such license shall not entitle the holder to take migratory fish of
    43  the sea or to take fish from the waters of the marine district.
    44    5.  A non-resident bear tag entitles a person who has not been a resi-
    45  dent of the state for more than thirty days who also possesses a hunting
    46  license to hunt bear during the regular open season therefor  or  in  an
    47  open season fixed by regulation pursuant to subdivision eight of section
    48  11-0903  of  this  article.  It  entitles a non-resident holder who also
    49  possesses a hunting license with bowhunting privilege to hunt bear  with
    50  a longbow or crossbow during the open bear season. It entitles a non-re-
    51  sident  holder  who also possesses a hunting license with muzzle-loading
    52  privilege to hunt bear with a muzzleloader during the open bear season.
    53    6. A seven-day fishing license entitles the  holder  to  exercise  the
    54  privileges of a fishing license for the seven consecutive days specified
    55  in the license.

        S. 2508--A                         64                         A. 3008--A

     1    7. A one-day fishing license entitles the holder to exercise the priv-
     2  ileges of a fishing license on the day specified on the license.
     3    8. A trapping license entitles the holder to trap beaver, otter, fish-
     4  er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel,
     5  pine  marten and unprotected wildlife except birds, as provided in title
     6  11, subject to the provisions of section 11-0713 of this article.
     7    9. A muzzle-loading privilege when included on a hunting license enti-
     8  tles a holder who is [fourteen] twelve years of age  or  older  to  hunt
     9  wild deer and bear with a muzzle-loading firearm, as provided in title 9
    10  of this article, in a special muzzle-loading firearm season.
    11    §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
    12  mental conservation law, as amended by section 2 of part R of chapter 58
    13  of the laws of 2013, is amended to read as follows:
    14    b. Except as provided in section 11-0707 and section 11-0709  of  this
    15  title,  no  person  shall  (1) hunt wild deer or bear unless such person
    16  holds and is entitled to exercise the privileges of a  hunting  license,
    17  and  meets  the requirements of this article; (2) hunt wild deer or bear
    18  with a longbow or crossbow in a special [longbow] archery season  unless
    19  such  person holds and is entitled to exercise the privileges of a hunt-
    20  ing license with a bowhunting privilege and meets  the  requirements  of
    21  this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
    22  firearm in a special muzzle-loading firearm season unless such person is
    23  at least [fourteen] twelve years old and holds a hunting license with  a
    24  muzzle-loading privilege and meets the requirements of this article.
    25    §  3.  Subdivision 6 of section 11-0713 of the environmental conserva-
    26  tion law is REPEALED.
    27    § 4. Paragraph c of subdivision 3 of section 11-0901 of  the  environ-
    28  mental  conservation law, as amended by section 19 of part EE of chapter
    29  55 of the laws of 2014, is amended to read as follows:
    30    c. Wild small game and wild upland game birds shall be taken  only  by
    31  longbow,  crossbow or gun, or by the use of raptors as provided in title
    32  10 of this article, except that:
    33    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    34  in any manner not prohibited in this section or in title 11 of the  Fish
    35  and Wildlife Law; and
    36    (2)  frogs  may also be taken by spearing, catching with the hands, or
    37  by the use of a club or hook[; and
    38    (3) crossbows may be used but only by licensees who are fourteen years
    39  of age or older].
    40    § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901
    41  of the environmental conservation law, as added by section 6 of part  EE
    42  of chapter 55 of the laws of 2014, is amended to read as follows:
    43    (9)  with  a  crossbow unless such crossbow shall consist of a bow and
    44  string, either compound or recurve, that  launches  a  minimum  fourteen
    45  inch  [bolt]  arrow,  not  including  point, mounted upon a stock with a
    46  trigger that holds the string and limbs under  tension  until  released.
    47  The trigger unit of such crossbow must have a working safety. [The mini-
    48  mum limb width of such crossbow shall be seventeen inches,] The crossbow
    49  shall have a minimum peak draw weight of one hundred pounds [and a maxi-
    50  mum peak draw weight of two hundred pounds. The] and the minimum overall
    51  length  of such crossbow from buttstock to front of limbs shall be twen-
    52  ty-four inches.
    53    § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901
    54  of the environmental conservation law, as added by section 7 of part  EE
    55  of chapter 55 of the laws of 2014, is amended to read as follows:

        S. 2508--A                         65                         A. 3008--A

     1    (9)  with  a  crossbow unless such crossbow shall consist of a bow and
     2  string, either compound or recurve, that  launches  a  minimum  fourteen
     3  inch  [bolt]  arrow,  not  including  point, mounted upon a stock with a
     4  trigger that holds the string and limbs under  tension  until  released.
     5  The trigger unit of such crossbow must have a working safety. [The mini-
     6  mum limb width of such crossbow shall be seventeen inches,] The crossbow
     7  shall have a minimum peak draw weight of one hundred pounds [and a maxi-
     8  mum peak draw weight of two hundred pounds. The] and the minimum overall
     9  length  of such crossbow from buttstock to front of limbs shall be twen-
    10  ty-four inches.
    11    § 7. Subdivision 13 of section 11-0901 of the environmental  conserva-
    12  tion  law,  as amended by section 23 of part R of chapter 58 of the laws
    13  of 2013, is amended to read as follows:
    14    13. Persons engaged in hunting deer and/or  bear  with  a  longbow  or
    15  crossbow  must possess a current bowhunting privilege or a valid certif-
    16  icate of qualification in responsible  bowhunting  practices  issued  or
    17  honored by the department.
    18    §  8. Section 11-0903 of the environmental conservation law is amended
    19  by adding a new subdivision 12 to read as follows:
    20    12. Notwithstanding any inconsistent provision of  this  article,  the
    21  department is authorized to adopt regulations which authorize the taking
    22  of  wildlife  by  the  use of crossbow. A summary of regulations adopted
    23  pursuant to this subdivision shall be published each year in the hunting
    24  syllabus issued pursuant to section 11-0323 of this article.
    25    § 9. Subdivision 10 of section 11-0907 of the environmental  conserva-
    26  tion law, as added by section 14 of part EE of chapter 55 of the laws of
    27  2014, is amended to read as follows:
    28    10.  Notwithstanding  any  provision  of  this  chapter,  or any prior
    29  notwithstanding language in this article, the department may,  by  regu-
    30  lation, authorize the taking of big game by the use of a crossbow by any
    31  licensed  person in any big game season [in any area designated in items
    32  (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of  subdi-
    33  vision  two  of  this  section  in  which  a shotgun or muzzle loader is
    34  permitted provided however, that any crossbow use during an archery-only
    35  season shall only take place during the last fourteen  consecutive  days
    36  of  such  archery-only  season  in  the southern zone provided that such
    37  archery-only season shall consist of not less than forty-five  days  and
    38  only  during the last ten consecutive days of any archery-only season in
    39  the northern zone provided that such archery-only season  shall  consist
    40  of  no  less  than  twenty-three  days.  Any muzzle loading season which
    41  occurs at the same time as a  special  archery  season  may  only  occur
    42  during times when crossbows are authorized to be used].
    43    §  10. Subdivision 1 of section 11-0929 of the environmental conserva-
    44  tion law, as amended by section 20 of part EE of chapter 55 of the  laws
    45  of 2014, is amended to read as follows:
    46    1.  A  licensee  who is twelve or thirteen years of age shall not hunt
    47  wildlife with a gun, or a crossbow or a longbow  unless  he  or  she  is
    48  accompanied by his or her parent or legal guardian, or by a person twen-
    49  ty-one  years of age or older designated in writing by his or her parent
    50  or legal guardian on a form prescribed by the department,  who  holds  a
    51  hunting  license.  [A  licensee  who  is twelve or thirteen years of age
    52  shall not hunt with a crossbow.]
    53    § 11. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
    54  11-0929  of  the environmental conservation law is REPEALED and subpara-
    55  graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.

        S. 2508--A                         66                         A. 3008--A

     1    § 12. Section 11-0933 of the environmental conservation law, as  added
     2  by  section  22 of part EE of chapter 55 of the laws of 2014, is amended
     3  to read as follows:
     4  § 11-0933. Taking small game by crossbow.
     5    Notwithstanding  any  provision of this chapter, or any prior notwith-
     6  standing language in this article, the department  may,  by  regulation,
     7  authorize the taking of small game and wild upland game birds by the use
     8  of  a  crossbow by any licensed person [fourteen years of age or older],
     9  in any small game season[, in any area designated  in  items  (a),  (b),
    10  (c),  (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two
    11  of section 11-0907 of this title in which a shotgun or muzzle loader  is
    12  permitted].
    13    § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83
    14  of  the state finance law, as amended by section 1 of part AA of chapter
    15  58 of the laws of 2015, is amended to read as follows:
    16    (i) There is hereby created a special account within the  conservation
    17  fund  to be known as the state fish and game trust account to consist of
    18  all moneys received by the state from  the  sale  of  lifetime  hunting,
    19  fishing,  and trapping licenses, and lifetime archery and muzzle-loading
    20  privileges pursuant to section 11-0702 of the environmental conservation
    21  law except those moneys deposited in the habitat conservation and access
    22  account pursuant to section eighty-three-a of this  chapter.  The  state
    23  comptroller  shall  invest  the  moneys in such account in securities as
    24  defined by  section  ninety-eight-a  of  this  article  or,  within  the
    25  discretion  of  the  comptroller  to maximize income for the account, in
    26  investments authorized by  section  one  hundred  seventy-seven  of  the
    27  retirement  and social security law or consistent with the provisions of
    28  subdivision b of section thirteen of the retirement and social  security
    29  law.  Any  income earned by the investment of such moneys, except income
    30  transferred to the conservation fund pursuant to subparagraph  (iii)  of
    31  this  paragraph,  shall  be  added to and become a part of, and shall be
    32  used for the purposes of such account.
    33    § 14. This act shall take effect immediately.

    34                                   PART Y

    35    Section 1. Section 27-2701 of the environmental conservation  law,  as
    36  added  by  chapter 641 of the laws of 2008, subdivision 2 as amended and
    37  subdivision 7 as added by chapter 481 of the laws of 2014, is amended to
    38  read as follows:
    39  § 27-2701. Definitions.
    40    As used in this title:
    41    1. "Compostable plastic bag" means a plastic bag  that  at  a  minimum
    42  meets  the American Society for Testing and Materials standard D6400 for
    43  compostable plastic, as amended.
    44    2. "Manufacturer" means the producer of  a  plastic  carryout  bag  or
    45  other film plastic sold to a store or the manufacturer's agent or broker
    46  who sold the plastic carryout bag or other film plastic to the store.
    47    3.  "Operator" means a person in control of, or having daily responsi-
    48  bility for, the daily operation of a store, which may  include,  but  is
    49  not limited to, the owner of the store.
    50    4.  "Plastic carryout bag" means a [plastic] carryout bag made of film
    51  plastic provided by a store to a customer at the point of sale  that  is
    52  not a reusable bag.
    53    5.  "Reusable  bag" means a bag designed and manufactured for multiple
    54  reuse that:

        S. 2508--A                         67                         A. 3008--A

     1    (a) [a bag] is either made of [cloth] (i)  hand  washable  or  [other]
     2  machine  washable cloth or fabric [that has handles], including woven or
     3  nonwoven polypropylene (PP), polyethylene-terephthalate  (PET),  polyes-
     4  ter,  or  nylon   fabric, as well as fabric blends that include any such
     5  materials; or
     6    [(b)  a durable plastic bag with handles that is specifically designed
     7  and manufactured for multiple reuse] (ii) other non-film plastic  washa-
     8  ble material; and
     9    (b)  has at least one strap or handle that does not stretch and allows
    10  the bag to meet the strength and durability standards provided in  para-
    11  graphs (c) and (d) of this subdivision;
    12    (c) has a minimum lifespan of one hundred twenty-five uses, with a use
    13  equal  to  the  ability  to  carry a minimum of twenty-two pounds over a
    14  distance of at least one hundred seventy-five feet; and
    15    (d) has a minimum fabric weight  of  eighty  grams  per  square  meter
    16  ("GSM")  or  equivalent for bags made of any non-film plastic, including
    17  woven or nonwoven polypropylene (PP), polyethylene-terephthalate  (PET),
    18  cotton, jute, or canvas.
    19    6. "Store" means a retail establishment that [provides] provides plas-
    20  tic  carryout bags to its customers as a result of the sale of a product
    21  or provided such bags any time prior to March first, two thousand twenty
    22  and (a) has over ten thousand square feet of retail space, or  (b)  such
    23  retail  establishment  is  part  of  a chain engaged in the same general
    24  field of business which operates five or more units of over  five  thou-
    25  sand  square  feet  of retail space in this state under common ownership
    26  and management.
    27    7. "Film plastic" means [uncontaminated non-rigid film plastic packag-
    28  ing products composed of plastic  resins,  which  include,]  a  flexible
    29  sheet  or  sheets  of  petroleum or non-petroleum-based plastic resin or
    30  other material  commonly  used  in  and  as  packaging  products,  which
    31  include, but are not limited to, newspaper bags, [dry cleaning bags and]
    32  garment  bags,  shrink-wrap,  bags used to carryout and deliver prepared
    33  food and other plastic overwrap.
    34    8. "Film plastic bag" means a bag that is made of film plastic.
    35    § 2. Section 27-2703 of the environmental conservation law,  as  added
    36  by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
    37  ter 481 of the laws of 2014, is amended to read as follows:
    38  § 27-2703. Store operator responsibilities.
    39    1.  The  operator  of  a  store  shall establish an at-store recycling
    40  program pursuant to the provisions of this title that provides an oppor-
    41  tunity for a customer of the store to return to the store clean  plastic
    42  carryout bags and other film plastic.
    43    2. A retail establishment that does not meet the definition of a store
    44  [and  that  provides  plastic carryout bags to customers at the point of
    45  sale] may also adopt an at-store recycling program.
    46    § 3. Section 27-2705 of the environmental conservation law,  as  added
    47  by  chapter  641  of  the  laws  of  2008 and subdivisions 2, 3 and 4 as
    48  amended by chapter 481 of the laws  of  2014,  is  amended  to  read  as
    49  follows:
    50  § 27-2705. Recycling program requirements.
    51    An  at-store  recycling  program  provided  by the operator of a store
    52  shall require:
    53    1. [a plastic carryout bag provided by the store to  have  printed  or
    54  displayed  on  the  bag,  in  a  manner visible to a consumer, the words
    55  "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
    56  er, such store shall be allowed for one year from the effective date  of

        S. 2508--A                         68                         A. 3008--A

     1  this  subdivision  to use its existing stock of plastic carryout bags. A
     2  store may also apply to the commissioner for approval of an  alternative
     3  plastic  bag recycling message. The commissioner shall approve or reject
     4  the proposed message within forty-five days;
     5    2.] a collection bin that is visible, easily accessible to the consum-
     6  er,  and  clearly  marked  that  the collection bin is available for the
     7  purpose of collecting and recycling plastic carryout bags and other film
     8  plastic. This subdivision shall apply to stores not within  an  enclosed
     9  shopping  mall  and stores of at least fifty thousand square feet within
    10  an enclosed shopping mall. In the case of an enclosed shopping mall, the
    11  owner of the enclosed mall shall  place  bins  at  reasonable  intervals
    12  throughout the enclosed mall area;
    13    [3.]  2. all plastic carryout bags and other film plastic collected by
    14  the store to be collected, transported and recycled along with any other
    15  in-store plastic recycling, except for film plastic bags  that  are  not
    16  sufficiently  free  of  foreign  material to enter the recycling stream.
    17  Plastic carryout bags and other film plastic collected by the  store  or
    18  the  manufacturer,  which  are  free  of  foreign material, shall not be
    19  disposed of in any solid waste disposal facility permitted or authorized
    20  pursuant to title seven of this article;
    21    [4.] 3. the store or its agent to maintain, for  a  minimum  of  three
    22  years,  records  describing  the  collection, transport and recycling of
    23  plastic carryout bags  and  other  film  plastic  collected  by  weight,
    24  provided  however that stores or its agents may weigh such plastic bags,
    25  film plastic and any other in-store  plastic  recycling  at  a  regional
    26  collection  center.  Such records shall be made available to the depart-
    27  ment upon request, to demonstrate compliance with this title; and
    28    [5.] 4. the operator of the store to (a) make reusable bags  available
    29  to customers within the store for purchase, and (b) permit a [reuseable]
    30  reusable  bag  to  be  used in lieu of a [plastic carryout bag or] paper
    31  carryout bag.
    32    § 4. Section 27-2707 of the environmental conservation law,  as  added
    33  by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
    34  ter 481 of the laws of 2014, is amended to read as follows:
    35  § 27-2707. Manufacturer responsibilities.
    36    1.  When the manufacturer accepts plastic carryout bags and other film
    37  plastic for return, it or its agent shall maintain,  for  a  minimum  of
    38  three  years, records describing the collection, transport and recycling
    39  of plastic carryout bags and other film  plastic  collected  by  weight,
    40  provided  that  the manufacturer or its agents may weigh such bags, film
    41  plastic and any other plastic resins at a  regional  collection  center.
    42  Such  records shall be made available to the department upon request, to
    43  demonstrate compliance with this title.
    44    2. Manufacturers of compostable plastic bags sold  to  stores  in  the
    45  state that are subject to the provisions of this title shall have print-
    46  ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
    47  BLE  BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags
    48  may be sold or distributed for one year from the effective date of  this
    49  section to use the store's existing stock of compostable bags.]
    50    § 5. Section 27-2709 of the environmental conservation law, as amended
    51  by chapter 481 of the laws of 2014, is amended to read as follows:
    52  § 27-2709. Department responsibility.
    53    1. The department shall develop educational materials to encourage the
    54  reduction,  reuse  and recycling of plastic carryout bags and other film
    55  plastic and shall make those materials available to stores  required  to
    56  comply with this article.

        S. 2508--A                         69                         A. 3008--A

     1    2. The department shall provide information regarding the availability
     2  of recycling facilities and companies that recycle film plastic bags and
     3  other  film  plastic,  including the addresses and phone numbers of such
     4  facilities and companies to stores required to comply with this article.
     5    § 6. Section 27-2713 of the environmental conservation law, as amended
     6  by chapter 481 of the laws of 2014, is amended to read as follows:
     7  § 27-2713. Preemption.
     8    Jurisdiction  in  all  matters  pertaining to plastic carryout bag and
     9  other film plastic recycling is by this article  vested  exclusively  in
    10  the  state.  Any provision of any local law or ordinance, or any rule or
    11  regulation promulgated  thereto,  governing  the  recycling  of  plastic
    12  carryout  bags  and other film plastic shall, upon the effective date of
    13  this title, be preempted.   Provided however, nothing  in  this  section
    14  shall  preclude  a  person  from coordinating for recycling or reuse the
    15  collection of plastic carryout bags or other film plastic.
    16    § 7. Section 27-2801 of the environmental conservation law,  as  added
    17  by  section 2 of part H of chapter 58 of the laws of 2019, is amended to
    18  read as follows:
    19  § 27-2801. Definitions.
    20    As used in this title:
    21    1. "Exempt bag" means a bag that is: (a) used  solely  to  contain  or
    22  wrap  uncooked  meat,  fish,  or  poultry; (b) [bags] used by a customer
    23  solely to package bulk items such  as  fruits,  vegetables,  grains,  or
    24  candy;  (c)  [bags]  used  solely  to contain food sliced or prepared to
    25  order; (d) [bags] used solely to contain a newspaper for delivery  to  a
    26  subscriber; (e) [bags sold] prepackaged by the manufacturer or distribu-
    27  tor  in  bulk  quantities and sold to a consumer [at the point of sale];
    28  (f) sold as a trash [bags] or yard waste bag; (g) sold as a food storage
    29  [bags] bag; (h) used as a garment [bags] bag;  (i)  [bags]  prepackaged,
    30  prelabeled, or tagged as merchandise for sale to a customer; (j) a plas-
    31  tic carryout [bags] bag provided by a restaurant, tavern or similar food
    32  service  establishment, as defined in the state sanitary code, to carry-
    33  out or deliver prepared food; [or] (k) [bags] provided by a pharmacy  to
    34  carry prescription drugs; or (l) a reusable bag.
    35    2.  "Plastic carryout bag" means any plastic bag, other than an exempt
    36  bag, that is provided to a customer by a person required to collect  tax
    37  to  be used by the customer to [carry] transport tangible personal prop-
    38  erty, regardless of whether such person required to  collect  tax  sells
    39  any  tangible  personal property or service to the customer, and regard-
    40  less of whether any tangible personal property or service sold is exempt
    41  from tax under article twenty-eight of the tax law.   A bag  that  meets
    42  the  requirements  of  a reusable bag, as defined in subdivision four of
    43  this section, is not a plastic carryout bag.
    44    3. "Paper carryout bag" means a paper bag, other than an  exempt  bag,
    45  that is provided to a customer by a person required to collect tax to be
    46  used  by the customer to carry tangible personal property, regardless of
    47  whether such person required to collect tax sells any tangible  personal
    48  property  or  service  to  the  customer,  and regardless of whether any
    49  tangible personal property or service sold  is  exempt  from  tax  under
    50  article twenty-eight of the tax law.
    51    4.  "Reusable  bag" means a bag designed and manufactured for multiple
    52  reuse that:  (a) is either made of [cloth] (i) hand washable or  [other]
    53  machine  washable cloth or fabric [that has handles], including woven or
    54  nonwoven polypropylene (PP), polyethylene- terephthalate (PET),  polyes-
    55  ter,  or  nylon fabric,   as well as fabric blends that include any such
    56  materials; or [(b) a durable  bag  with  handles  that  is  specifically

        S. 2508--A                         70                         A. 3008--A

     1  designed and manufactured for multiple reuse.] (ii) other non-film plas-
     2  tic washable material; and
     3    (b)  has at least one strap or handle that does not stretch and allows
     4  the bag to meet the strength and durability standards in paragraphs  (c)
     5  and (d) of this subdivision;
     6    (c) has a minimum lifespan of one hundred twenty-five uses, with a use
     7  equal  to  the  ability  to  carry a minimum of twenty-two pounds over a
     8  distance of at least one hundred seventy-five feet; and
     9    (d) has a minimum fabric weight  of  eighty  grams  per  square  meter
    10  ("GSM")  or equivalent for bags made of any non-film plastic,, including
    11  woven or nonwoven polypropylene (PP), polyethylene-terephthalate  (PET),
    12  cotton, jute, or canvas.
    13    5.  "Film  plastic"  means  a flexible sheet or sheets of petroleum or
    14  non-petroleum based plastic resin or other  material  (not  including  a
    15  paper  carryout  bag)  commonly used in and as packaging products, which
    16  include, but are not limited to, newspaper bags, garment  bags,  shrink-
    17  wrap, bags used to carryout and deliver prepared food, and other plastic
    18  overwrap.
    19    [5.]  6. "Person required to collect tax" means any vendor of tangible
    20  personal property subject to the  tax  imposed  by  subdivision  (a)  of
    21  section eleven hundred five of the tax law.
    22    §  8.  Section 27-2803 of the environmental conservation law, as added
    23  by section 2 of part H of chapter 58 of the laws of 2019, is amended  to
    24  read as follows:
    25  § 27-2803. Plastic carryout bag ban.
    26    1. No person required to collect tax shall distribute, for free or for
    27  sale,  any  plastic  carryout bags to its customers unless such bags are
    28  exempt bags as defined in subdivision one of  section  27-2801  of  this
    29  title.
    30    2. No person required to collect tax shall prevent a person from using
    31  a bag of any kind that they have brought for purposes of carrying goods.
    32    3.  [Nothing  in this section shall be deemed to exempt the provisions
    33  set forth in title 27 of this article relating to  at  store  recycling]
    34  Any  person who was required to comply with the collection and recycling
    35  requirements in title 27 of this article prior to March first, two thou-
    36  sand twenty, including the requirement to maintain a collection bin  for
    37  collection  and  recycling plastic carryout bags and other film plastic,
    38  shall continue to comply.
    39    § 9. This act shall take effect immediately.

    40                                   PART Z

    41    Section 1. Part UU of chapter 58 of the laws of 2020, authorizing  the
    42  county  of  Nassau,  to permanently and temporarily convey certain ease-
    43  ments and to temporarily alienate certain parklands, is amended to  read
    44  as follows:

    45                                   PART UU

    46    Section  1.  This  act enacts into law components of legislation which
    47  are necessary to implement legislation relating to the Bay Park  Convey-
    48  ance Project.  Each component is wholly contained within a Subpart iden-
    49  tified  as  Subparts A through C. The effective date for each particular
    50  provision contained within such Subpart is set forth in the last section
    51  of such Subpart.   Any provision  in  any  section  contained  within  a
    52  Subpart,  including  the  effective  date  of the Subpart, which makes a

        S. 2508--A                         71                         A. 3008--A

     1  reference to a section "of this act", when used in connection with  that
     2  particular  component,  shall  be deemed to mean and refer to the corre-
     3  sponding section of the Subpart in which it is found. Section  three  of
     4  this act sets forth the general effective date of this act.

     5                                  SUBPART A

     6    Section  1.  Subject  to  the  provisions  of  this act, the county of
     7  Nassau, acting by and through the county legislature of such county,  is
     8  hereby authorized to (a) discontinue permanently the use as parkland the
     9  subsurface  lands  described in sections [four, five, seven, eight, ten]
    10  four, six, seven and [eleven] ten of this act  and  establish  permanent
    11  easements  on  such  lands  for  the purpose of constructing, operating,
    12  maintaining and repairing a subsurface sewer main, and  (b)  discontinue
    13  temporarily  the use as parkland the lands described in sections [three,
    14  six and nine] two, five and eight of this act  and  establish  temporary
    15  easements  on  such  lands  for the purpose of constructing a subsurface
    16  sewer main. Authorization  for  the  temporary  easements  described  in
    17  sections [three, six, and nine] two, three, five, eight, and ten of this
    18  act  shall  cease  upon the completion of the construction of such sewer
    19  main, at which time the department of environmental  conservation  shall
    20  restore  the  surface of the parklands disturbed and the parklands shall
    21  continue to be used for park purposes as they were prior to  the  estab-
    22  lishment  of  such  temporary easements. Authorization for the permanent
    23  easements described in sections [four, five, seven,  eight,  ten]  four,
    24  six,  eight  and [eleven] ten of this act shall require that the depart-
    25  ment of environmental conservation restore the surface of the  parklands
    26  disturbed  and the parklands shall continue to be used for park purposes
    27  as they were prior to the establishment of the permanent easements.
    28    [§ 2. The authorization provided in section one of this act  shall  be
    29  effective  only upon the condition that the county of Nassau dedicate an
    30  amount equal to or greater than the fair market value of  the  parklands
    31  being  discontinued  to  the acquisition of new parklands and/or capital
    32  improvements to existing park and recreational facilities.]
    33    § [3.] 2. TEMPORARY EASEMENT - Force  main  shaft  construction  area.
    34  Parkland  upon  and  under which a temporary easement may be established
    35  pursuant to subdivision (b) of section one of this act is  described  as
    36  all  that  certain  plot,  piece  or  parcel  of land with buildings and
    37  improvements thereon erected, situate, lying and being  located  at  Bay
    38  Park,  Town  of  Hempstead, County of Nassau and State of New York being
    39  more particularly bounded and described as follows: beginning at a point
    40  on the northerly line of the Nassau County Sewage Treatment Plant  prop-
    41  erty,  said  Point  of Beginning being South [68°00'] 68°06'12" East, as
    42  measured along northerly line of  said  sewage  treatment  plant,  [543]
    43  535.50  feet  plus or minus, from the intersection of the northerly line
    44  Nassau County Sewage Treatment Plant with the westerly side  of  Compton
    45  Street; running thence South [68°00'] 68°06'12" East, along the norther-
    46  ly line of said sewage treatment plant, [247] 249.60 feet plus or minus;
    47  thence  South  [07°04']  07°20'58" West [196] 198.58 feet plus or minus;
    48  thence North [78°37'] 78°30'32" West [33]  35.88  feet  plus  or  minus;
    49  thence  North  [06°10']  06°10'23"  East [105] 89.20 feet plus or minus;
    50  thence North [30°53'] 33°17'21" West [56]  78.28  feet  plus  or  minus;
    51  thence  North  [64°27']  66°13'52" West [190] 173.72 feet plus or minus;
    52  thence North [20°21'] 19°56'50" East [49] 62.50 feet plus or  minus,  to
    53  the  northerly  line of the Nassau County Sewage Treatment Plant, at the
    54  Point of Beginning. Containing within said bounds [19,700] 23,089 square

        S. 2508--A                         72                         A. 3008--A

     1  feet plus or minus. The above described temporary easement  is  for  the
     2  construction  of  a  [thirty-foot] fifty-foot diameter access shaft. The
     3  location of said temporary access shaft is more  particularly  described
     4  in section [four] three of this act.  Said parcel being part of property
     5  designated  as  Section: 42 Block:   A Lots: 50, 57 on the Nassau County
     6  Land and Tax Map.
     7    § [4.]  3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT -  Access  shaft.
     8  Parkland  upon  and  under which a [permanent] temporary easement may be
     9  established pursuant to subdivision (a) of section one of  this  act  is
    10  described  as all that certain plot, piece or parcel of land with build-
    11  ings and improvements thereon erected, situate, lying and being  located
    12  at  Bay  Park, Town of Hempstead, County of Nassau and State of New York
    13  being more particularly bounded and described  as  follows:  a  circular
    14  easement  with a radius of [15] 25 feet, the center of said circle being
    15  the following three (3) courses from the intersection of  the  northerly
    16  line  of the Nassau County Sewage Treatment Plant with the westerly side
    17  of Compton Street: [running thence] South [68°00'] 68°06'12" East, along
    18  the northerly line of said sewage treatment  plant,  [581]  573.10  feet
    19  plus  or  minus  to the centerline of the permanent easement for a force
    20  main described in section  five  of  this  act;  thence  South  [21°34']
    21  22°24'56"  West,  along  said centerline, [17] 19.74 feet plus or minus;
    22  thence South [14°28'] 22°24'56" West, [continuing] along the  production
    23  of  said centerline, [1,439] 5.25 feet [plus or minus], to the center of
    24  the herein described circular easement.  Containing  within  said  bound
    25  [707] 1,963 square feet plus or minus.  Said [permanent] temporary ease-
    26  ment  is for an access shaft that extends from the surface of the ground
    27  to an approximate depth of 70 feet. Any permanent  surface  improvements
    28  for  cathodic  protection,  if necessary, would be flush with the ground
    29  surface or integrated into site landscaping. Said parcel being  part  of
    30  property  designated  as Section: 42 Block: A Lots: 50, 57 on the Nassau
    31  County Land and Tax Map.
    32    § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon
    33  and  under  which  a  permanent  easement may be established pursuant to
    34  subdivision (a) of section one of this act  is  described  as  all  that
    35  certain  plot,  piece  or parcel of land with buildings and improvements
    36  thereon erected, situate, lying and being located at Bay Park,  Town  of
    37  Hempstead,  County  of Nassau and State of New York being a 20-foot wide
    38  strip of land  more  particularly  bounded  and  described  as  follows:
    39  [beginning]  Beginning  at  a  point on the northerly line of the Nassau
    40  County Sewage Treatment Plant property, said Point  of  Beginning  being
    41  South  [68°00'] 68°06'12" East, as measured along northerly line of said
    42  sewage treatment plant, [571] 563.10 feet plus or minus, from the inter-
    43  section of the northerly line Nassau County Sewage Treatment Plant  with
    44  the  westerly  side  of  Compton  Street;  running thence South [68°00']
    45  68°06'12" East, along the northerly line of said sewage treatment plant,
    46  20.00 feet plus or minus; thence  South  [21°34']  22°24'56"  West  [17]
    47  19.15  feet  plus or minus; thence South [14°28'] 14°35'11" West [1,463]
    48  1446.44 feet plus or minus; thence North [75°32'] 75°24'49"  West  20.00
    49  feet plus or minus; thence North [14°28'] 14°35'11" East [1,464] 1447.81
    50  feet plus or minus; thence North [21°34'] 22°24'56" East [18] 20.34 feet
    51  plus  or minus, to the northerly line of the Nassau County Sewage Treat-
    52  ment Plant, at the Point of Beginning.  Containing  within  said  bounds
    53  [29,600]  29,337  square feet. The above described permanent easement is
    54  for the construction and operation of a six-foot diameter force main  at
    55  a  minimum  depth  of fifteen feet below the ground surface. Said parcel

        S. 2508--A                         73                         A. 3008--A

     1  being part of property designated as Section: 42 Block: A Lots:  50,  57
     2  on the Nassau County Land and Tax Map.
     3    §  [6.]  5.  TEMPORARY  EASEMENT - Force main shaft construction area.
     4  Parkland upon and under which a temporary easement  may  be  established
     5  pursuant  to  subdivision (b) of section one of this act is described as
     6  all that certain plot, piece  or  parcel  of  land  with  buildings  and
     7  improvements  thereon  erected,  situate, lying and being located at the
     8  hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New
     9  York being more particularly bounded and described as follows: beginning
    10  at  a  point on the northwesterly line of the herein described temporary
    11  easement for the force main  shaft  construction  area,  said  Point  of
    12  Beginning being [more particularly described as commencing at the] North
    13  44°03'41"  East  50.26  feet plus or minus, from the intersection of the
    14  [southerly side of Sunrise  Highway  Street]  northerly  line  of  lands
    15  licensed to the County of Nassau, as described in deed dated December 5,
    16  1977,  recorded on January 13, 1978, at the Nassau County Clerk's Office
    17  in Liber 9088 of Deeds at page 567, and as shown on map entitled Depart-
    18  ment of Public Works Nassau County, N.Y., Map Showing  Lands  under  the
    19  Jurisdiction  of  the Long Island State Park Commission in Wantagh State
    20  Park to be Licensed to the County of Nassau for  Park  and  Recreational
    21  Purposes  in the Vicinity of Wantagh, Town of Hempstead, dated September
    22  1976, and on file at the New York State Office of Parks, Recreation  and
    23  Historic Preservation as Map No. 21R-1860-1, with the southeasterly side
    24  of  Lakeview  Road,  formerly  known  as  Old  Mill Road; running thence
    25  [southerly] along the southeasterly side of Lakeview Road [243 feet plus
    26  or minus, to the centerline of the], North 44°03'41"  East  237.63  feet
    27  plus  or  minus;  thence  South 50°48'50" East 70.10 feet plus or minus;
    28  thence partly through the aforementioned lands licensed to the County of
    29  Nassau by the State of New York (Long  Island  State  Park  Commission),
    30  South  43°39'59"  West 239.51 feet; thence partially through a permanent
    31  [subsurface] drainage easement [for  force  main  described  in  section
    32  eight  of  this act; thence South 60°06' East, along said centerline, 25
    33  feet plus or minus, to the northwesterly line of the temporary easement]
    34  granted from the City of New York to the County of Nassau, as  shown  on
    35  Map  of  Real  Property  to  be  Acquired  for  the  [force  main  shaft
    36  construction area] Improvement of Bellmore Creek from Wilson  Avenue  to
    37  Lakeview  Road,  Filed  February  8,  1979, at the Nassau County Clerk's
    38  Office as Map No. H-1841, and also through the  aforementioned  licensed
    39  lands,  North 49°12'28" West 71.62 feet plus or minus; to the southeast-
    40  erly side of Lakeview Road, at the Point of Beginning.  [Running  thence
    41  North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
    42  feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
    43  thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
    44  127  feet  plus  or minus, to the Point of Beginning.] Containing within
    45  said bounds [16,900]  16,864  square  feet  plus  or  minus.  The  above
    46  described  temporary easement is for the construction of a [thirty-foot]
    47  forty-four-foot diameter permanent access shaft. The  location  of  said
    48  permanent access shaft is more particularly described in section [seven]
    49  six  of  this  act.    Said  parcel being part of property designated as
    50  Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map.
    51    § [7.] 6. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon
    52  and  under  which  a  permanent  easement may be established pursuant to
    53  subdivision (a) of section one of this act  is  described  as  all  that
    54  certain  plot,  piece  or parcel of land with buildings and improvements
    55  thereon erected, situate, lying and being located at Hamlet of  Wantagh,
    56  Town  of  Hempstead,  County  of Nassau and State of New York being more

        S. 2508--A                         74                         A. 3008--A

     1  particularly bounded and described as follows: [a circular easement with
     2  a radius of 15 feet,] Beginning at a point on the [center] of southeast-
     3  erly side of Lakeview Road, said [circle] Point of Beginning being  [the
     4  following  two  (2)  courses]  North  44°03'41" East 170.39 feet plus or
     5  minus, from the intersection of the [southerly side of Sunrise  Highway]
     6  northerly  line  of lands licensed to the County of Nassau, as described
     7  in deed dated December 5, 1977, recorded on January  13,  1978,  at  the
     8  Nassau  County Clerk's Office in Liber 9088 of Deeds at page 567, and as
     9  shown on map entitled Department of Public Works  Nassau  County,  N.Y.,
    10  Map  Showing  Lands under the Jurisdiction of the Long Island State Park
    11  Commission in Wantagh State Park to be Licensed to the County of  Nassau
    12  for  Park  and Recreational Purposes in the Vicinity of Wantagh, Town of
    13  Hempstead, dated September 1976, and on  file  at  the  New  York  State
    14  Office  of  Parks,  Recreation  and  Historic  Preservation  as  Map No.
    15  21R-1860-1, with the southeasterly side of Lakeview Road[:   Southerly],
    16  formerly known as Old Mill Road; running thence, along the southeasterly
    17  side  of Lakeview Road [243 feet plus or minus, to the centerline of the
    18  permanent subsurface easement for force main, described in section eight
    19  of this act; South  60°06'  East,  along  said  centerline,  51],  North
    20  44°03'41"  East  25.04  feet plus or minus, to the [center of the herein
    21  described circular easement.] beginning of a non-tangent  curve;  thence
    22  111.59  feet  plus or minus along said non-tangent circular curve to the
    23  right that has a radius of 22.00 feet, subtends an angle of  290°37'31",
    24  and has a chord that bears South 44°03'41" West 25.04 feet, to the Point
    25  of  Beginning.  Containing  within  said  bounds a surface area of [707]
    26  1,454 square feet plus or minus.  Said  permanent  easement  is  for  an
    27  access  shaft that extends from the surface of the ground to an approxi-
    28  mate depth of 70 feet.   The permanent  easement  allows  vehicular  and
    29  personnel access to the shaft and within the shaft for inspection, main-
    30  tenance,  repair  and reconstruction. Any permanent surface improvements
    31  for a manhole or for cathodic protection, if necessary, would  be  flush
    32  with the ground surface or integrated into site landscaping. Said parcel
    33  being  part  of  property designated as Section: 56 Block: Y Lot: 259 on
    34  the Nassau County Land and Tax Map.
    35    § [8.] 7. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon
    36  and  under  which  a  permanent  easement may be established pursuant to
    37  subdivision (a) of section one of this act  is  described  as  all  that
    38  certain  plot,  piece  or parcel of land with buildings and improvements
    39  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  a  20-foot wide strip of land more particularly bounded and described as
    42  follows: [beginning at a point on the  southeasterly  side  of  Lakeview
    43  Road,  said  Point  of  Beginning  being  southwesterly 222 feet plus or
    44  minus, as measured along the southeasterly side of  Lakeview  Road  from
    45  the  intersection  of  the  southerly  side  of Sunrise Highway with the
    46  southeasterly side of Lakeview Road; thence South 60°06'  East  49  feet
    47  plus or minus; thence South 32°15' East 1,759 feet plus or minus; thence
    48  South  16°16' West 53 feet plus or minus; thence North 32°15' West 1,785
    49  feet plus or minus; thence North 60°06' West 53 feet plus or  minus,  to
    50  the southeasterly side of Lakeview Road; thence North 48°13' East, along
    51  the  southeasterly  side of Lakeview Road, 42 feet plus or minus, to the
    52  Point of Beginning. Containing within said  bounds  72,900  square  feet
    53  plus  or  minus.] Beginning at the intersection of the southerly side of
    54  the Wantagh State Parkway, also being the same as the southerly line  of
    55  a permanent easement granted by the State of New York (Long Island State
    56  Park  Commission) to the Town of Hempstead for Highway purposes shown as

        S. 2508--A                         75                         A. 3008--A

     1  Parcel E on Map No. 21R-1651, dated September 30, 1935 and  on  file  at
     2  the  New  York  State Office of Parks, Recreation and Historic Preserva-
     3  tion, with the easterly side of Linden Street, also being  the  westerly
     4  side of Wantagh State Parkway; running thence South 87°54'31" West 16.42
     5  feet  plus or minus, along the southerly side of the Wantagh State Park-
     6  way; thence through the aforementioned easement,  North  49°40'30"  West
     7  172.07  feet  plus  or minus; thence partially through lands licensed to
     8  the County of Nassau by the State of New York (Long  Island  State  Park
     9  Commission),  as  described  in deed dated December 5, 1977, recorded on
    10  January 13, 1978, at the Nassau County Clerk's Office in Liber  9088  of
    11  Deeds  at  page  567, also as shown on map entitled Department of Public
    12  Works Nassau County, N.Y., Map Showing Lands under the  Jurisdiction  of
    13  the  Long  Island  State  Park  Commission  in  Wantagh State Park to be
    14  Licensed to the County of Nassau for Park and Recreational  Purposes  in
    15  the Vicinity of Wantagh, Town of Hempstead, dated September 1976, and on
    16  file  at  the  New  York  State Office of Parks, Recreation and Historic
    17  Preservation as Map No.  21R-1860-1, North 32°14'44" West 1,935.06 feet;
    18  thence North 60°00'15" West 18.68 feet plus or minus, to the  southeast-
    19  erly side of Lakeview Road; thence along the southeasterly side of Lake-
    20  view  Road,  North 44°03'41" East 20.62 feet plus or minus; thence South
    21  60°00'15" East 18.61 feet plus or minus; thence  through  the  aforemen-
    22  tioned  licensed lands, South 32°14'44" East 1,936.94 feet; thence South
    23  49°40'30" East 294.48 feet plus or minus, to the westerly  side  of  the
    24  Wantagh  State  Parkway,  also  being  the  same as the easterly side of
    25  Linden Street; thence northwesterly  along  the  westerly  side  of  the
    26  Wantagh  State  Parkway,  being also the easterly side of Linden Street,
    27  113.74 feet plus or minus along the arc of a non-tangent curve,  bearing
    28  to  the  left,  having  a  radius of 1,233.00', a chord that bears North
    29  54°10'34" West 113.70 feet plus or minus, to the southerly side  of  the
    30  Wantagh  State  Parkway,  at  the Point of Beginning.  Containing within
    31  said bounds 43,088 square feet plus or minus. The above described perma-
    32  nent easement is for the construction and operation of a six-foot  diam-
    33  eter  force  main  at  a  minimum depth of fifteen feet below the ground
    34  surface. Said parcel being part of property designated  as  Section:  56
    35  Block: Y Lots: 259 on the Nassau County Land and Tax Map.
    36    §  [9.]  8.  TEMPORARY  EASEMENT - Force main shaft construction area.
    37  Parkland upon and under which a temporary easement  may  be  established
    38  pursuant  to  subdivision (b) of section one of this act is described as
    39  all that certain plot, piece  or  parcel  of  land  with  buildings  and
    40  improvements  thereon  erected,  situate, lying and being located at the
    41  hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New
    42  York  being  more particularly bounded and described as follows: [begin-
    43  ning] Beginning at a point on the northerly line of the herein described
    44  temporary easement for [the force main shaft] construction [area]  stag-
    45  ing,  said  Point  of  Beginning  being  more  particularly described as
    46  commencing at the intersection of the southerly  side  of  Byron  Street
    47  with  the  easterly  side of Wantagh Parkway; running thence [southerly]
    48  South 02°05'40" East, along the easterly side of Wantagh Parkway  [319],
    49  392.77 feet plus or minus, to the centerline of the permanent subsurface
    50  easement  for force main, described in section [eleven] ten of this act;
    51  thence South [19°15']  19°14'42"  East,  along  said  centerline,  [257]
    52  166.40  feet plus or minus, to the northerly line of the temporary ease-
    53  ment for [the force main shaft]  construction  [area]  staging,  at  the
    54  Point  of Beginning. Running thence North [87°25'] 87°24'47" East 122.41
    55  feet plus or minus; thence [south  33°56']  South  33°56'04"  East  [68]
    56  67.89 feet plus or minus; thence South [04°43'] 04°43'16 East [54] 53.69

        S. 2508--A                         76                         A. 3008--A

     1  feet  plus or minus; thence South [86°38'] 86°37'33 West 78.30 feet plus
     2  or minus; thence South [02°20'] 02°20'25 East 83.22 feet plus or  minus;
     3  thence  South  [47°04']  47°03'34" West [103] 102.51 feet plus or minus;
     4  thence  South  [86°22']  86°22'25"  West  [28] 27.76 feet plus or minus;
     5  thence North [08°39'] 07°01'12" West [264] 263.59 feet  plus  or  minus;
     6  thence  North  [87°25'] 87°24'47" East [53] 45.17 feet plus or minus, to
     7  the Point of Beginning. Containing within said  bounds  [36,500]  35,505
     8  square feet plus or minus. The above described temporary easement is for
     9  the  construction  of  a  [thirty-foot]  forty-four-foot diameter access
    10  shaft. The location of said temporary access shaft is more  particularly
    11  described in section ten of this act. Said parcel being part of property
    12  designated  as  Section:  63  Block: 261 Lots: 765G, 765H, 818A (Part of
    13  Cedar Creek Park) on the Nassau County Land and Tax Map.
    14    § [10.] 9. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT -  Access  shaft.
    15  Parkland  upon  and  under which a permanent easement may be established
    16  pursuant to subdivision (a) of section one of this act is  described  as
    17  all  that  certain  plot,  piece  or  parcel  of land with buildings and
    18  improvements thereon erected, situate, lying and being located at Hamlet
    19  of Wantagh, Town of Hempstead, County of Nassau and State  of  New  York
    20  being  more  particularly  bounded  and described as follows: a circular
    21  easement with a radius of [15] 22 feet, the center of said circle  being
    22  the  following  two  (2)  courses from the intersection of the southerly
    23  side of Byron Street with the easterly side of Wantagh Parkway:  [South-
    24  erly]  South  02°05'40"  East along the easterly side of Wantagh Parkway
    25  [319], 392.77 feet plus or minus, to the  centerline  of  the  permanent
    26  subsurface easement for force main, described in section [eleven] ten of
    27  this  act;  thence South [19°15'] 19°14'42" East, along said centerline,
    28  [315] 224.60 feet plus or minus, to the center of the  herein  described
    29  circular easement. Containing within said bounds a surface area of [707]
    30  1,521  square feet plus or minus. Said [permanent] temporary easement is
    31  for an access shaft that extends from the surface of the  ground  to  an
    32  approximate  depth  of  70  feet. Any permanent surface improvements for
    33  cathodic protection, if  necessary,  would  be  flush  with  the  ground
    34  surface  or  integrated into site landscaping. Said parcel being part of
    35  property designated as Section: 63 Block: 261  Lots:  765G,  765H,  818A
    36  (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
    37    §  [11.] 10. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon
    38  and under which a permanent easement  may  be  established  pursuant  to
    39  subdivision  (a)  of  section  one  of this act is described as all that
    40  certain plot, piece or parcel of land with  buildings  and  improvements
    41  thereon  erected,  situate,  lying  and  being  located at the Hamlet of
    42  Wantagh, Town of Hempstead, County of Nassau and State of New York being
    43  a 20-foot wide strip of land more particularly bounded and described  as
    44  follows:  beginning at a point on the easterly side of the Wantagh State
    45  Parkway, said Point of Beginning being [southerly 285]  South  02°05'40"
    46  East  358.86 feet plus or minus[, as measured along the easterly side of
    47  Wantagh Parkway] from the intersection of the southerly  side  of  Byron
    48  Street  with  the easterly side of Wantagh Parkway; running thence South
    49  [19°15'] 19°14'42" East [349] 258.49 feet plus or  minus;  thence  South
    50  [02°17']  02°16'58"  East  [1,882]  1,725.93  feet plus or minus; thence
    51  [South 09°25' East 1,202]  southwesterly  43.40  feet  plus  or  minus[;
    52  thence South 80°35'] along the arc of a curve to the left having a radi-
    53  us of 1,075.00 feet and a chord that bears South 25°09'48" West [20 feet
    54  plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus;
    55  thence  North  [02°17']  02°16'58"  West  [1,880]  1,761.45 feet plus or
    56  minus; thence North [19°15'] 19°14'42" West [281] 190.70  feet  plus  or

        S. 2508--A                         77                         A. 3008--A

     1  minus,  to  the  easterly side of Wantagh Parkway; thence North [02°09']
     2  02°05'40" West, along the easterly side of Wantagh Parkway,  [68]  67.82
     3  feet  plus  or  minus, to the Point of Beginning. Containing within said
     4  bounds  [68,000]  39,359  square feet plus or minus. The above described
     5  permanent easement is for the construction and operation of  a  six-foot
     6  diameter  force main at a minimum depth of fifteen feet below the ground
     7  surface. Said parcel being part of property designated  as  Section:  63
     8  Block:  261  Lots:  765G,  818A (Part of Cedar Creek Park) on the Nassau
     9  County Land and Tax Map.
    10    § [12.] 11. Should the lands described in sections [four, five, seven,
    11  eight, ten] four, six, seven and [eleven] ten of this act  cease  to  be
    12  used  for  the purposes described in section one of this act, the perma-
    13  nent easements established pursuant to section one  of  this  act  shall
    14  cease and such lands shall be restored and dedicated as parklands.
    15    §  [13.] 12. In the event that the county of Nassau received any fund-
    16  ing support or assistance from the federal government for the  purchase,
    17  maintenance,  or  improvement  of  the  parklands  set forth in sections
    18  [three] two through [eleven] ten of this  act,  the  discontinuance  and
    19  alienation  of  such  parklands authorized by the provisions of this act
    20  shall not occur until the county of Nassau has complied with any  appli-
    21  cable federal requirements pertaining to the alienation or conversion of
    22  parklands,  including  satisfying the secretary of the interior that the
    23  alienation or conversion complies with all conditions which  the  secre-
    24  tary of the interior deems necessary to assure the substitution of other
    25  lands  shall  be  equivalent  in fair market value and usefulness to the
    26  lands being alienated or converted.
    27    § [14.] 13. This act shall take effect immediately.

    28                                  SUBPART B

    29    Section 1. Subject to the provisions of this act, the village of  East
    30  Rockaway,  in  the  county  of Nassau, acting by and through the village
    31  board of such village, is hereby authorized to  (a)  discontinue  perma-
    32  nently  the  use  as parkland the subsurface lands described in sections
    33  [four] three and [five] four of this act and to  grant  permanent  ease-
    34  ments on such lands to the State of New York or county of Nassau for the
    35  purpose  of constructing, operating, maintaining and repairing a subsur-
    36  face sewer main, and (b) discontinue temporarily the use as parkland the
    37  lands described in section [three] two of this act and  grant  temporary
    38  easements  on  such  lands  to  the  county of Nassau for the purpose of
    39  constructing a subsurface sewer main.  Authorization for  the  temporary
    40  easement  described  in section [three] two of this act shall cease upon
    41  the completion of the construction of the sewer main, at which time  the
    42  department  of  environmental  conservation shall restore the surface of
    43  the parklands disturbed and the parklands shall continue to be used  for
    44  park purposes as they were prior to the grant of the temporary easement.
    45  Authorization  for  the permanent easements described in sections [four]
    46  three and [five] four of this act shall require that the  department  of
    47  environmental   conservation   restore  the  surface  of  the  parklands
    48  disturbed and the parklands shall continue to be used for park  purposes
    49  as they were prior to the establishment of the permanent easements.
    50    [§  2.  The authorization provided in section one of this act shall be
    51  effective only upon the condition that  the  village  of  East  Rockaway
    52  dedicate an amount equal to or greater than the fair market value of the
    53  parklands  being discontinued to the acquisition of new parklands and/or
    54  capital improvements to existing park and recreational facilities.]

        S. 2508--A                         78                         A. 3008--A

     1    § [3.] 2. TEMPORARY EASEMENT - Force  Main  Shaft  Construction  Area.
     2  Parkland upon and under which a temporary easement may be granted pursu-
     3  ant  to  subdivision  (b)  of  section  one  of this act is described as
     4  follows: all that certain plot, piece or parcel of land  with  buildings
     5  and  improvements  thereon  erected, situate, lying and being located at
     6  Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
     7  of Hempstead, County of Nassau and State of New York being more  partic-
     8  ularly  bounded  and  described as follows:   [beginning] Beginning at a
     9  point on the westerly line of the herein  described  temporary  easement
    10  for  the  force  main  shaft  construction area, said Point of Beginning
    11  being more particularly described as commencing at the [intersection  of
    12  the  northeasterly  side  of  Long Island Railroad right-of-way with the
    13  easterly side of Ocean Avenue; running thence North 12°34'  East,  along
    14  the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
    15  erly line] northeast corner of property [designated as Section 38  Block
    16  E  Lot  14, on the] described in deed dated September 16, 1964 from Mary
    17  T. Caretto to  The  Incorporated  Village  of  East  Rockaway,  recorded
    18  September  18,  1964  at  the  Nassau County [Land and Tax Map;] Clerk's
    19  Office in Liber 7317 of Deeds at page 494, running thence South [74°46']
    20  76°23'40" East, [partly along said northerly line, 206] on the northerly
    21  property line produced, of property described  in  the  aforesaid  Liber
    22  7317  page  494, a distance of 53.41 feet plus or minus, to the westerly
    23  line of the herein described  temporary  easement[,]  at  the  Point  of
    24  Beginning.  Running thence North [15°34'] 14°03'08" East [49] 42.21 feet
    25  plus or minus; thence South [67°33'] 67°25'43" East  [238]  237.47  feet
    26  plus or minus; thence South [07°07'] 04°13'09" West [31] 35.58 feet plus
    27  or minus; thence South [86°06'] 86°58'21" West [161] 165.83 feet plus or
    28  minus;  thence  South [64°59'] 64°59'21" West [117] 106.15 feet [plus or
    29  minus]; thence North [15°34'] 14°03'08" East [140] 143.63 feet  plus  or
    30  minus,  to  the  Point  of  Beginning.    Containing  within said bounds
    31  [23,000] 23,103 square feet plus or minus. The above described temporary
    32  easement is for the  construction  of  a  [thirty-foot]  forty-four-foot
    33  diameter  access  shaft.  The location of said permanent access shaft is
    34  more particularly described in section [four] three of  this  act.  Said
    35  parcel being part of property designated as Section: 38, Block: E, Lots:
    36  12, 14, 21A, 21B on the Nassau County Land and Tax Map.
    37    §  [4.] 3. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon
    38  and under which a permanent easement may be granted pursuant to subdivi-
    39  sion (a) of section one of this act is described  as  all  that  certain
    40  plot,  piece  or  parcel of land with buildings and improvements thereon
    41  erected, situate, lying and being located  at  Incorporated  Village  of
    42  East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
    43  Nassau  and  State  of  New  York  being  more  particularly bounded and
    44  described as follows: a circular easement with a radius of [15] 22 feet,
    45  the center of said circle being the following [three (3)] two (2) cours-
    46  es from the [intersection of the northeasterly side of Long Island Rail-
    47  road right-of-way with the easterly side of Ocean Avenue;  North  12°34'
    48  East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to
    49  the  northerly line] northeast corner of property [designated as Section
    50  38 Block E Lot 14 on the] described in deed  dated  September  16,  1964
    51  from  Mary  T.  Caretto  to  The  Incorporated Village of East Rockaway,
    52  recorded September 18, 1964 at the Nassau  County  [Land  and  Tax  Map]
    53  Clerk's  Office  in  Liber  7317  of  Deeds  at page 494; South [74°46']
    54  76°23'40" East, [partly along] on the [said] northerly  property  line[,
    55  333]  produced,  of  property described in the aforesaid Liber 7317 page
    56  494, a distance of 185.51 feet plus or minus[,]; to  the  centerline  of

        S. 2508--A                         79                         A. 3008--A

     1  the  permanent  subsurface easement for force main, described in section
     2  [five] four of this act; thence [South 19°04' West,] along said easement
     3  centerline[, 16] South 19°04'18" West 22.47 feet plus or minus,  to  the
     4  center of the herein described circular easement. Containing within said
     5  bounds  a  surface  area  of [707] 1,521 square feet plus or minus. Said
     6  permanent easement is for an access shaft that extends from the  surface
     7  of  the  ground to an approximate depth of 70 feet.  The permanent ease-
     8  ment allows vehicular and personnel access to the shaft and  within  the
     9  shaft for inspection, maintenance, repair and reconstruction. Any perma-
    10  nent  surface  improvements for a manhole or for cathodic protection, if
    11  necessary, would be flush with the ground  surface  or  integrated  into
    12  site  landscaping.  Said  parcel  being  part  of property designated as
    13  Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County  Land
    14  and Tax Map.
    15    §  [5.]  4.  PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon
    16  and under which a permanent easement may be granted pursuant to subdivi-
    17  sion (a) of section one of this act is described  as  all  that  certain
    18  plot,  piece  or  parcel of land with buildings and improvements thereon
    19  erected, situate, lying and being located  at  Incorporated  Village  of
    20  East  Rockaway,  and the Hamlet of Oceanside, County of Nassau and State
    21  of New York being a 20-foot wide strip of land more particularly bounded
    22  and described as follows:  [beginning]  Beginning  at  a  point  on  the
    23  westerly  line  of  the  herein described permanent subsurface easement,
    24  said Point of Beginning being more particularly described as  commencing
    25  at  the  [intersection of the northeasterly side of Long Island Railroad
    26  right-of-way with the easterly side  of  Ocean  Avenue;  running  thence
    27  North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus
    28  or  minus,  to  the northerly line] northeast corner of property [desig-
    29  nated as Section 38 Block E Lot 14  on  the]  described  in  deed  dated
    30  September  16,  1964 from Mary T. Caretto to The Incorporated Village of
    31  East Rockaway, recorded September 18, 1964 at the  Nassau  County  [Land
    32  and  Tax Map; thence] Clerk's Office in Liber 7317 of Deeds at page 494;
    33  running thence South [74°46'] 76°23'40"  East,  [partly  along]  on  the
    34  [said] northerly property line[, 323] produced, of property described in
    35  the  aforesaid  Liber  7317  page 494, a distance of 175.47 feet plus or
    36  minus, to the westerly line of the herein described permanent  easement,
    37  at the Point of Beginning.  Running thence North [19°04'] 19°04'18" East
    38  [73] 31.11 feet plus or minus, to the [northerly line of property desig-
    39  nated  as  Section  38 Block E Lot 21A on the Nassau County Land and Tax
    40  Map] southerly side of Mill River; thence South [60°10'] 67°42'35" East,
    41  along [said northerly line] the southerly side of Mill River, [20] 20.03
    42  feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet
    43  plus or minus; thence South [15°40'] 15°40'03"  East  [116]  55.00  feet
    44  plus  or  minus,  to the [south line] northerly side of [property desig-
    45  nated as Section 38 Block E Lot 21A on the Nassau County  Land  and  Tax
    46  Map]  Mill  River;  thence North [88°09'] 84°40'35" West [21], along the
    47  northerly side of Mill River, 20.33 feet plus  or  minus;  thence  North
    48  [15°40']  15°40'03"  West  [116]  57.60 feet plus or minus; thence North
    49  [19°04'] 19°04'18" East [19] 24.64 feet plus or minus, to the  Point  of
    50  Beginning.  Containing within said bounds [4,100] 2,167 square feet plus
    51  or minus. The above described permanent easement is for the construction
    52  and operation of a six-foot diameter force main at a  minimum  depth  of
    53  fifteen feet below the ground surface. Said parcel being part of proper-
    54  ty  designated  as  Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the
    55  Nassau County Land and Tax Map.

        S. 2508--A                         80                         A. 3008--A

     1    § [6.] 5. Should the lands described  in  sections  [four]  three  and
     2  [five]  four  of this act cease to be used for the purposes described in
     3  section one of this act, the permanent easements established pursuant to
     4  section one of this act shall cease and such lands shall be restored and
     5  dedicated as parklands.
     6    §  [7.] 6. In the event that the village of East Rockaway received any
     7  funding support or  assistance  from  the  federal  government  for  the
     8  purchase,  maintenance,  or  improvement  of  the parklands set forth in
     9  sections [three] two through [five] four of this act, the discontinuance
    10  and alienation of such parklands authorized by the  provisions  of  this
    11  act shall not occur until the village of East Rockaway has complied with
    12  any  applicable  federal  requirements  pertaining  to the alienation or
    13  conversion of parklands, including satisfying the secretary of the inte-
    14  rior that the alienation or  conversion  complies  with  all  conditions
    15  which  the  secretary  of  the  interior  deems  necessary to assure the
    16  substitution of other lands shall be equivalent in fair market value and
    17  usefulness to the lands being alienated or converted.
    18    § [8.] 7. This act shall take effect immediately.

    19                                  SUBPART C

    20    Section 1. Subject to the provisions of this act, the village of Rock-
    21  ville Centre, in the county of Nassau, acting by and through the village
    22  board of such village, is hereby authorized to  (a)  discontinue  perma-
    23  nently  the  use  as parkland the subsurface lands described in sections
    24  [three, four] two and [six] five of this  act  and  to  grant  permanent
    25  easements on such lands to the State of New York or county of Nassau for
    26  the  purpose  of  constructing,  operating,  maintaining and repairing a
    27  subsurface sewer main, and (b) discontinue temporarily the use as  park-
    28  land  the lands described in sections [five] three, four and [seven] six
    29  of this act and grant temporary easements on such lands to the county of
    30  Nassau for the purpose of constructing a subsurface sewer main.  Author-
    31  ization for the temporary easements described in sections [five]  three,
    32  four  and [seven] six of this act shall cease upon the completion of the
    33  construction of the sewer main, at which time the department of environ-
    34  mental conservation shall restore the surface of the parklands disturbed
    35  and the parklands shall continue to be used for park  purposes  as  they
    36  were  prior  to  the grant of the temporary easements. Authorization for
    37  the permanent easements described in  sections  [three,  four]  two  and
    38  [six]  five  of  this  act shall require that the department of environ-
    39  mental conservation restore the surface of the parklands  disturbed  and
    40  the  parklands  shall continue to be used for park purposes as they were
    41  prior to the establishment of the permanent easements.
    42    [§ 2. The authorization provided in section one of this act  shall  be
    43  effective  only  upon the condition that the village of Rockville Centre
    44  dedicate an amount equal to or greater than the fair market value of the
    45  parklands being discontinued to the acquisition of new parklands  and/or
    46  capital improvements to existing park and recreational facilities.]
    47    §  [3.]  2.  PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon
    48  and under which a permanent easement  may  be  established  pursuant  to
    49  subdivision  (a)  of  section  one  of this act is described as all that
    50  certain plot, piece or parcel of land with  buildings  and  improvements
    51  thereon  erected,  situate,  lying  and  being  located  at Incorporated
    52  Village of East Rockaway, and  the  Incorporated  Village  of  Rockville
    53  Centre, Town of Hempstead, County of Nassau and State of New York, being
    54  a  20-foot wide strip of land more particularly bounded and described as

        S. 2508--A                         81                         A. 3008--A

     1  follows: [the] Beginning at a point on the northerly side of Mill  River
     2  Avenue,  said  Point  of  Beginning  being [at] South 74°20'24" East, as
     3  measured along the northerly side of Mill River Avenue, 60.73 feet  plus
     4  or  minus  from  the  intersection  of  the northerly side of Mill River
     5  Avenue with the easterly side of Riverside Road; running thence  [north-
     6  erly  along  the easterly side of Riverside Road 346 feet plus or minus;
     7  thence South 13°01' West 346] North 10°26'55" East 461.31 feet  plus  or
     8  minus,  to  the  [northerly]  southerly  side of [Mill River] South Park
     9  Avenue; thence [westerly] along the [northerly] southerly side of  [Mill
    10  River]  South  Park Avenue, [17] South 79°11'54" East 20.00 feet plus or
    11  minus, thence South 10°26'55" West 463.01 feet plus  or  minus,  to  the
    12  [easterly  side  of  Riverside  Road,  at]  northerly side of Mill River
    13  Avenue, thence along the northerly side  of  Mill  River  Avenue,  North
    14  74°20'24"  West  20.08  feet  plus  or minus, to the Point of Beginning.
    15  Containing within said bounds [3,100] 9,243 square feet plus  or  minus.
    16  The above described permanent easement is for the construction and oper-
    17  ation  of  a  six-foot diameter force main at a minimum depth of fifteen
    18  feet below the ground surface. Said parcel being part of property desig-
    19  nated as Section: 38 Block: 136 Lots: 231 on the Nassau County Land  and
    20  Tax Map.
    21    §  [4.]  3.  [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access Shaft.
    22  Parkland upon and under which a [permanent] temporary  easement  may  be
    23  established  pursuant  to  subdivision (a) of section one of this act is
    24  described as all that certain plot, piece or parcel of land with  build-
    25  ings  and improvements thereon erected, situate, lying and being located
    26  at Incorporated Village of Rockville  Centre,  Incorporated  Village  of
    27  East  Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead,
    28  County of Nassau and State of New York being more  particularly  bounded
    29  and  described as a circular easement with a radius of [15] 22 feet, the
    30  center of said circle being the  following  two  (2)  courses  from  the
    31  intersection of the northerly side of South Park Avenue with the easter-
    32  ly side of [Oxford] Chester Road: [Easterly] South 79°24'16" East, along
    33  the  northerly  side  of  South  Park  Avenue, [203] 247.33 feet plus or
    34  minus, to the centerline of the permanent subsurface easement for  force
    35  main  described  in  section  [six]  five  of  this  act; North [13°01']
    36  10°26'55" East, along said centerline, [953] 953.71 feet plus or  minus,
    37  to  the  center  of  the herein described circular easement.  Containing
    38  within said bounds a surface area of [707] 1,521  square  feet  plus  or
    39  minus.  Said  [permanent] temporary easement is for an access shaft that
    40  extends from the surface of the ground to an  approximate  depth  of  70
    41  feet.  Any  permanent  surface  improvements for cathodic protection, if
    42  necessary, would be flush with the ground  surface  or  integrated  into
    43  site  landscaping.  Said  parcel  being  part  of property designated as
    44  Section: 38 Block: F [Lots: 39-42, 50C,]  Lot:  50F  [and  Section:  38,
    45  Block: T, Lots: 50A, 50B, 50C] on the Nassau County Land and Tax Map.
    46    §  [5.]  4.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
    47  Parkland upon and under which a temporary easement  may  be  established
    48  pursuant  to  subdivision (b) of section one of this act is described as
    49  all that certain plot, piece  or  parcel  of  land  with  buildings  and
    50  improvements thereon erected, situate, lying and being located at Incor-
    51  porated Village of Rockville Centre, Incorporated Village of East Rocka-
    52  way,  and Incorporated Village of Lynbrook, Town of Hempstead, County of
    53  Nassau and State  of  New  York  being  more  particularly  bounded  and
    54  described  as follows: Beginning at a point on the southerly side of the
    55  herein  described  temporary  easement  for  [the  force   main   shaft]
    56  construction  [area] staging, said Point of Beginning being more partic-

        S. 2508--A                         82                         A. 3008--A

     1  ularly described as commencing at the intersection of the northerly side
     2  of South Park Avenue with the easterly side of  [Oxford]  Chester  Road;
     3  running thence [easterly] South 79°24'16" East, along the northerly side
     4  of South Park Avenue, [203] 247.33 feet plus or minus, to the centerline
     5  of the permanent subsurface easement for force main described in section
     6  [six] five of this act; thence North [13°01'] 10°26'55" East, along said
     7  centerline,  [920]  920.41  feet plus or minus, to the southerly line of
     8  the temporary easement, at the Point of Beginning. Running thence  North
     9  [76°19']  76°19'09" West [136 feet plus or minus, to the easterly termi-
    10  nus of Merton Avenue (unopened); thence North 76°19' West,  through  the
    11  unopened  part  of  Merton Avenue, 48] 185.92 feet plus or minus; thence
    12  North [14°49'] 14°49'03" East [5' feet plus or minus, to  the  northerly
    13  side  of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus or
    14  minus; thence South [76°29'] 76°28'34" East  [66]  65.98  feet  plus  or
    15  minus;  thence  North  [36°47']  36°46'43"  East [61] 60.84 feet plus or
    16  minus; thence North [78°41'] 78°41'29" East [145] 145.19  feet  plus  or
    17  minus;  thence  South  [65°54']  65°54'19"  East [46] 45.62 feet plus or
    18  minus; thence South [29°39'] 29°38'55" West 146.71 feet plus  or  minus;
    19  thence North 76°19'09" West [147 feet plus or minus; thence North 76°19'
    20  West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing
    21  within  said bounds [22,800] 22,827 square feet plus or minus. The above
    22  described temporary easement is for the construction of a  [thirty-foot]
    23  forty-four-foot  diameter  access  shaft. The location of said temporary
    24  access shaft is more particularly described in section [four]  three  of
    25  this  act.  Said parcel being part of property designated as Section: 38
    26  Block: F [Lots: 39-42, 50C,] Lot: 50F and [Section: 38, Block: T,  Lots:
    27  50A,  50B,  50C]  part  of Merton Avenue (not open) on the Nassau County
    28  Land and Tax Map.
    29    § [6.] 5. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon
    30  and  under  which  a  permanent  easement may be established pursuant to
    31  subdivision (a) of section one of this act  is  described  as  all  that
    32  certain  plot,  piece  or parcel of land with buildings and improvements
    33  thereon erected,  situate,  lying  and  being  located  at  Incorporated
    34  Village  of Rockville Centre, Incorporated Village of East Rockaway, and
    35  Incorporated Village of Lynbrook, Town of Hempstead,  County  of  Nassau
    36  and  State  of  New York being a 20-foot wide strip of land more partic-
    37  ularly bounded and described as follows:   [beginning]  Beginning  at  a
    38  point  on the northerly side of South Park Avenue, said [Point of Begin-
    39  ning 193 feet plus or minus easterly, as  measured]  point  being  South
    40  79°24'16"  East,  along  the northerly side of South Park Avenue, 237.33
    41  feet plus or minus, from the intersection of the northerly side of South
    42  Park Avenue with the easterly side of  [Oxford]  Chester  Road;  running
    43  thence  North  [13°01']  10°26'55" East [956] 956.35 feet plus or minus;
    44  thence North [44°00'] 40°12'27" East [446] 464.95 feet plus or minus, to
    45  the [northeasterly line of property designated as Section 38 Block F Lot
    46  50F, on the Nassau County Land and Tax Map] westerly side of Mill River;
    47  thence [South 53°10' East,] along  [said  northeasterly  line,  20]  the
    48  westerly  side  of  Mill  River  the  following  five  (5) courses South
    49  10°54'32" East 4.49 feet plus or minus; South 08°32'16" West  6.44  feet
    50  plus  or  minus;  South  17°55'44  West  8.24  feet plus or minus; South
    51  10°55'50" West 4.90 feet plus or minus; South 07°44'20" West 14.16  feet
    52  plus  or  minus;  thence South [44°00'] 40°12'27" West [443] 427.49 feet
    53  plus or minus; thence South [13°01'] 10°26'55" West  [950]  951.08  feet
    54  plus  or  minus[,]  to  the  northerly side of South Park Avenue; thence
    55  North [79°36'] 79°24'16" West, along [said] the northerly side of  South
    56  Park  Avenue, [20] 20.00 feet plus or minus, to the Point of Beginning[;

        S. 2508--A                         83                         A. 3008--A

     1  containing]. Containing within said bounds [28,000] 28,014  square  feet
     2  plus  or  minus.  The  above  described  permanent  easement  is for the
     3  construction and operation of a six-foot diameter force main at a  mini-
     4  mum  depth  of  fifteen feet below the ground surface. Said parcel being
     5  part of property designated as Section: 38 Block: F [Lots:  39-42, 50C,]
     6  Lot: 50F and Section: 38, Block: T, [Lots] Lot: 50A[, 50B, 50C]  on  the
     7  Nassau County Land and Tax Map.
     8    §  [7.]  6.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
     9  Parkland upon and under which a temporary easement  may  be  established
    10  pursuant  to  subdivision (b) of section one of this act is described as
    11  all that certain plot, piece  or  parcel  of  land  with  buildings  and
    12  improvements thereon erected, situate, lying and being located at Incor-
    13  porated Village of Rockville Centre, Town of Hempstead, County of Nassau
    14  and  State  of New York being more particularly bounded and described as
    15  follows: [beginning] Beginning at a  point  on  the  northerly  side  of
    16  Sunrise  Highway  (New York State Route [27A] 27), said [Point of Begin-
    17  ning] point being distant [254] 82.57 feet [plus or minus] westerly  [as
    18  measured]  along  the northerly side of Sunrise Highway from the [inter-
    19  section of] extreme westerly and of an arc of  a  curve  connecting  the
    20  northerly side of Sunrise Highway with the westerly side of North Forest
    21  Avenue[;  running]. Running thence [North 86°15' West,] along the north-
    22  erly side of Sunrise Highway the following three (3) courses:  Southwes-
    23  terly  250.24 feet plus or minus along the arc of a curve bearing to the
    24  left having a radius of  862.00  feet  and  a  chord  that  bears  South
    25  77°03'07"  West  249.36  feet  plus  or  minus, [175 feet plus or minus;
    26  thence] South [68°26'] 68°43'30" West[, continuing along  the  northerly
    27  side  of  Sunrise Highway, 111] 161.85 feet plus or minus; Southwesterly
    28  20.44 feet plus or minus along the arc of a curve bearing to  the  right
    29  having  a  radius  of 592.00 feet and a chord that bears South 69°00'05"
    30  West 20.44 feet plus or minus;  thence  North  [14°47']  14°30'46"  West
    31  [162]  215.45  feet  plus  or minus, to the southerly side of [the] Long
    32  Island Rail Road [right-of-way]; thence [South 86°59' East,]  along  the
    33  southerly  side of the Long Island Rail Road, [479] South 87°41'41" East
    34  469.93 feet plus or minus; thence South  [01°59']  02°13'26"  West  [75]
    35  67.80  feet  plus  or minus, to the northerly side of [the travelled way
    36  of] Sunrise Highway, [then 160 feet plus or minus along  the  arc  or  a
    37  circular  curve  to  the  left that has a radius of 850 feet and a chord
    38  that bears South 80°03' West 160 feet plus or minus to] at the Point  of
    39  Beginning.    Containing  within said bounds [50,300] 57,506 square feet
    40  plus or minus. The above described temporary easement is  necessary  for
    41  the construction of temporary access to the aqueduct below Sunrise High-
    42  way  area.  Said parcel being part of property designated as Section: 38
    43  Block: 291 Lot: 17 on the Nassau County Land and Tax Map.
    44    § [8.] 7. Should the lands described in sections [three, four] two and
    45  [six] five of this act cease to be used for the  purposes  described  in
    46  section one of this act, the permanent easements established pursuant to
    47  section one of this act shall cease and such lands shall be restored and
    48  dedicated as parklands.
    49    §  [9.]  8. In the event that the village of Rockville Centre received
    50  any funding support or assistance from the federal  government  for  the
    51  purchase,  maintenance,  or  improvement  of  the parklands set forth in
    52  sections [three] two through [seven] six of this act, the discontinuance
    53  and alienation of such parklands authorized by the  provisions  of  this
    54  act  shall  not occur until the village of Rockville Centre has complied
    55  with any applicable federal requirements pertaining to the alienation or
    56  conversion of parklands, including satisfying the secretary of the inte-

        S. 2508--A                         84                         A. 3008--A

     1  rior that the alienation or  conversion  complies  with  all  conditions
     2  which  the  secretary  of  the  interior  deems  necessary to assure the
     3  substitution of other lands shall be equivalent in fair market value and
     4  usefulness to the lands being alienated or converted.
     5    § [10.] 9. This act shall take effect immediately.
     6    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     7  sion,  section, subpart or part of this act shall be adjudged by a court
     8  of competent jurisdiction to be invalid, such judgment shall not affect,
     9  impair, or invalidate the remainder thereof, but shall  be  confined  in
    10  its  operation to the clause, sentence, paragraph, subdivision, section,
    11  subpart or part thereof directly involved in the  controversy  in  which
    12  such  judgment shall have been rendered. It is hereby declared to be the
    13  intent of the legislature that this act would have been enacted even  if
    14  such invalid provisions had not been included herein.
    15    §  3.  This act shall take effect immediately, provided, however, that
    16  the applicable effective date of Subparts A through C of this act  shall
    17  be as specifically set forth in the last section of such Subparts.
    18    § 2. This act shall take effect immediately.

    19                                   PART AA

    20    Section  1.  Subparagraph  (i)  of  paragraph  3 of subdivision (a) of
    21  section 21 of the tax law, as amended by section 17 of part BB of  chap-
    22  ter 56 of the laws of 2015, is amended to read as follows:
    23    (i)  The  tangible  property  credit  component  shall be equal to the
    24  applicable percentage of the cost or other basis for federal income  tax
    25  purposes  of  tangible  personal  property  and other tangible property,
    26  including  buildings  and  structural  components  of  buildings,  which
    27  constitute qualified tangible property and may include any related party
    28  service  fee  paid; provided that in determining the cost or other basis
    29  of such property, the taxpayer shall exclude the acquisition cost of any
    30  item of property with respect to which a credit under this  section  was
    31  allowable  to  another  taxpayer.  A  related party service fee shall be
    32  allowed only in the calculation of the tangible property  credit  compo-
    33  nent and shall not be allowed in the calculation of the site preparation
    34  credit  component  or  the on-site groundwater remediation credit compo-
    35  nent. The portion of the tangible property  credit  component  which  is
    36  attributable  to  related  party  service  fees shall be allowed only as
    37  follows: (A) in the taxable year in which the qualified tangible proper-
    38  ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
    39  service,  for  that portion of the related party service fees which have
    40  been earned and actually paid to the related party on or before the last
    41  day of such taxable year; and (B) with respect to any other taxable year
    42  for which the tangible property credit component may  be  claimed  under
    43  this  subparagraph  and  in  which  the amount of any additional related
    44  party service fees are actually paid by  the  taxpayer  to  the  related
    45  party,  the  tangible property credit component for such amount shall be
    46  allowed in such taxable year. The credit component amount so  determined
    47  shall  be  allowed for the taxable year in which such qualified tangible
    48  property is first placed in service on a qualified site with respect  to
    49  which  a  certificate  of completion has been issued to the taxpayer, or
    50  for the taxable year in which the certificate of completion is issued if
    51  the qualified tangible property is placed in service prior to the  issu-
    52  ance  of the certificate of completion. This credit component shall only
    53  be allowed for up to one hundred twenty months after  the  date  of  the
    54  issuance  of such certificate of completion, provided, however, that for

        S. 2508--A                         85                         A. 3008--A

     1  qualified sites to which a certificate of completion  is  issued  on  or
     2  after March twentieth, two thousand ten, but prior to January first, two
     3  thousand  twelve,  the  credit  component shall be allowed for up to one
     4  hundred forty-four months after the date of such issuance.
     5    § 2. This act shall take effect immediately.

     6                                   PART BB

     7    Section  1.  Notwithstanding the contrary provisions of section 9-0501
     8  of the environmental conservation law and the contrary provisions of the
     9  public lands  law,  the  department  of  environmental  conservation  is
    10  authorized  to grant easements for buried cables on real property within
    11  the Farmersville State Forest, Lost Nation State Forest, and Swift  Hill
    12  State Forest, which meet the following conditions:
    13    (a)  The  easements are for buried electric cables which are part of a
    14  wind powered electric generation project located in the towns  of  Rush-
    15  ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
    16    (b)  The  easements  are for a portion of the property within Farmers-
    17  ville State Forest, Lost Nation  State  Forest,  and  Swift  Hill  State
    18  Forest owned by the state and managed by the department of environmental
    19  conservation. The buried cables shall be:
    20    (1)  located  underground  for approximately 500 feet between turbines
    21  101 and 102 (which are sited on  private  land),  and  passing  below  a
    22  section of Farmersville State Forest in Cattaraugus County;
    23    (2) located underground for approximately 1,600 feet on the south side
    24  of Hess Road along the Farmersville State Forest boundary in Cattaraugus
    25  County,  turning southwest to follow an existing track for approximately
    26  420 feet, and continuing west along the  northern  parcel  boundary  for
    27  approximately  1,300  feet to the property line, to connect turbines 100
    28  and 104 (both sited on private land);
    29    (3) located underground for approximately 2,950 feet  along  the  west
    30  side  of  North Hill Road in Lost Nation State Forest in Allegany County
    31  to connect turbines 73, 75, 76, and 77 (all sited on  private  land)  to
    32  the rest of the project; and
    33    (4)  located underground for approximately 1,150 feet on the east side
    34  of Rushford Road, along the western edge of Swift Hill State  Forest  in
    35  Allegany  County  to connect turbines 124 and 125 (both sited on private
    36  land) to the rest of the project.
    37    (c) The easements will be conveyed by the department of  environmental
    38  conservation  and  take  effect only in the event the underground cables
    39  proposed to be on such easement lands are certified and approved as part
    40  of a wind powered electric generation facility pursuant to article 10 of
    41  the public service law.
    42    (d) The easements shall terminate when  the  associated  wind  powered
    43  electric generation project ceases to operate for 18 months as set forth
    44  in  the easements and the easements shall then revert to the state to be
    45  managed by the department of environmental conservation as state  forest
    46  land.
    47    (e)  The  use  of  chemicals/herbicides for clearing said easements is
    48  prohibited unless prior approval for the same is granted by the  depart-
    49  ment of environmental conservation, division of lands and forests.
    50    §  2.  (a)  In entering into the easements described in section one of
    51  this act, the department of environmental conservation is authorized  to
    52  grant  such  easements  for fair market value plus twenty percent of the
    53  value of the easements plus one hundred thousand dollars  upon  applica-
    54  tion by Alle-Catt Wind Energy LLC.

        S. 2508--A                         86                         A. 3008--A

     1    (b)  An amount, not less than fair market value plus twenty percent of
     2  the value of the easements plus one hundred thousand  dollars  shall  be
     3  used to obtain for the state an interest in real property for open space
     4  purposes  in  region  9  of the department of environmental conservation
     5  from  the  regional  priority  conservation projects list in region 9 as
     6  part of this state's open space conservation plan. The total payment for
     7  such acquisition or acquisitions shall not be less than the value of the
     8  easements to be conveyed by the state plus twenty percent of  the  value
     9  of such easements plus one hundred thousand dollars.
    10    (c)  Any  monies received by the department of environmental conserva-
    11  tion from Alle-Catt Wind Energy LLC in consideration of these  easements
    12  shall  be  deposited  into  the  state environmental protection fund, as
    13  established in section 92-s of the state finance law, until such time as
    14  they can be used towards the purchase of the real  property  as  contem-
    15  plated in subdivision (b) of this section.
    16    (d) The description of the easements to be conveyed by this act is not
    17  intended  to  be  a  legal  description, but is intended to identify the
    18  easements to be conveyed. As a condition of  conveyance  Alle-Catt  Wind
    19  Energy  LLC  shall submit to the commissioner of environmental conserva-
    20  tion for his or her approval an accurate survey and description of lands
    21  generally described in this section which may be used in the  conveyance
    22  thereof.
    23    (e)  The  grant  of  the  easements  is conditioned on the issuance of
    24  certificates of environmental compatibility and public need pursuant  to
    25  the provisions of article 10 of the public service law.
    26    (f)  Compensation  for the stumpage value of trees to be felled by the
    27  entity shall be deposited in the same manner as in  subdivision  (b)  of
    28  this  section  with the felled trees to become the property of Invenergy
    29  LLC. Stumpage value is to be determined by the  department  of  environ-
    30  mental  conservation  forester  based  on  the most recent department of
    31  environmental conservation stumpage price report at the time  the  trees
    32  are felled.
    33    §  3.  The  commissioner  of  environmental conservation may prescribe
    34  additional terms for such exchange of real property. Such contract shall
    35  not become binding upon the state until  approved  by  the  state  comp-
    36  troller. Title to the land to the people of the state of New York pursu-
    37  ant to the provisions of such contract shall be approved by the attorney
    38  general, and the deed to the state shall be approved by him or her as to
    39  form and manner of execution and recordability before such deed shall be
    40  accepted on behalf of the state. Notwithstanding the contrary provisions
    41  of  the  public  lands  law, the conveyance of the state-owned easements
    42  pursuant to such contract shall be  without  reservation  or  exception,
    43  except  as  provided  for  in  such  contract. Upon certification by the
    44  commissioner of environmental conservation to the commissioner of gener-
    45  al services of a copy of the contract, and certification that  Alle-Catt
    46  Wind  Energy  LLC  has  complied  with  all  terms and conditions of the
    47  contract upon their part to be  kept  and  performed,  together  with  a
    48  description  of  any  of  the easements to be exchanged, conveyed and/or
    49  payments to be made, the commissioner of general services  shall  convey
    50  the  easements  described  in section one of this act in accordance with
    51  the provisions of the contract.
    52    § 4. This act shall take effect immediately, and shall expire  and  be
    53  deemed  repealed  five  years after such date; provided, however, should
    54  the easements be granted within the five years, the term  of  the  ease-
    55  ments  will  establish  the  end date of the easements. At such time the

        S. 2508--A                         87                         A. 3008--A

     1  land will revert back  to  the  state  of  New  York  for  state  forest
     2  purposes.

     3                                   PART CC

     4    Section  1.  Section  12  of  part F of chapter 58 of the laws of 2013
     5  amending the environmental conservation law and the  state  finance  law
     6  relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter
     7  65 of the laws of 2019, is amended to read as follows:
     8    §  12.  This  act shall take effect immediately and shall be deemed to
     9  have been in full force and effect on and after April 1, 2013; provided,
    10  however, that the amendments to subdivision 5-a of  section  27-1015  of
    11  the  environmental  conservation  law,  as added by section nine of this
    12  act, shall expire and be deemed repealed on April 1, [2021] 2023.
    13    § 2. This act shall take effect immediately.

    14                                   PART DD

    15    Section 1. This act shall be known and  may  be  cited  as  the  "rail
    16  advantaged housing act".
    17    §  2.  Legislative  findings and statement of purpose. The legislature
    18  hereby finds, determines and declares:
    19    (a) Chapter 106 of the laws of 2019 enacted the New York state climate
    20  leadership  and  community  protection  act  (the  "CLCPA").  The  CLCPA
    21  directed  the  department  of  environmental conservation to establish a
    22  statewide greenhouse gas emissions limit for 2030 equal to 60%  of  1990
    23  emissions, and a statewide greenhouse gas emissions limit for 2050 equal
    24  to 15% of 1990 emissions (the "CLCPA limits").
    25    (b)  Transportation  currently  accounts for 36% of the greenhouse gas
    26  emissions in New York. New York has an obligation to  reduce  greenhouse
    27  gas emissions in every sector, including transportation.
    28    (c) The CLCPA recognizes the need to encourage and facilitate land use
    29  and  transportation  planning  strategies to reduce greenhouse gas emis-
    30  sions from the transportation sector.
    31    (d) In 1946, the legislature declared a housing emergency in New  York
    32  City.  The  emergency  has  continued  through  the present day. Housing
    33  production throughout the New  York  City  metropolitan  area  has  been
    34  insufficient to address this emergency for decades.
    35    (e)  Creating  housing  in  close  proximity to commuter rail stations
    36  promotes both the goals of the CLCPA and helps to  address  the  housing
    37  emergency in New York City.
    38    (f)  A  public policy purpose would be served and the interests of the
    39  people of the state would  be  advanced  by  expediting  the  regulatory
    40  review of local zoning changes that will lead to the production of hous-
    41  ing in close proximity to commuter rail stations.
    42    § 3. Definitions.
    43    (a) ["Commissioner"] "Secretary" shall mean the [commissioner of envi-
    44  ronmental  conservation or the commissioner's] secretary of state or the
    45  secretary's designee.
    46    (b) "Commuter rail station" shall mean a rail station,  other  than  a
    47  rail  station  located  in  New  York City, on any rail line operated by
    48  either the Long Island Rail Road or the Metro-North Railroad.
    49    (c) "Commuter rail station area" shall mean the area  within  one-half
    50  mile of any commuter rail station.
    51    (d)  "Incremental parking decrease" shall mean, with respect to a rail
    52  advantaged housing rezoning proposal, the percentage decrease in public-

        S. 2508--A                         88                         A. 3008--A

     1  ly accessible vehicle parking proximate to a commuter rail station  that
     2  such rezoning proposal would cause, if effective.
     3    (e)  "Incremental  population  increase" shall mean, with respect to a
     4  rail advantaged housing rezoning proposal, the percentage by  which  the
     5  population  of  a  local  jurisdiction including the property subject to
     6  such rezoning proposal would increase if:  (1)  such  rezoning  proposal
     7  were  to  become effective; (2) all of the housing permitted to be built
     8  as a result of such rezoning proposal were to be built; and (3)  all  of
     9  such housing were to be fully occupied.
    10    (f) "Local jurisdiction" shall mean any city, county, town, village or
    11  other political subdivision of the state.
    12    (g)  "Local  agency  zoning  mitigation account" shall mean an account
    13  established by a local agency solely for the purpose of mitigating envi-
    14  ronmental impacts due to any rezoning.
    15    (h) "Local agency" means any governing body of a local jurisdiction.
    16    (i) "Rail advantaged housing" shall mean any  housing  or  residential
    17  building located within one-half mile of a commuter rail station.
    18    (j)  "Rail  advantaged  housing  envelope" shall mean the total square
    19  feet of residential space permitted to  be  built  in  a  commuter  rail
    20  station  area  under  the zoning regulations applicable to such commuter
    21  rail station area.
    22    (k) "Rail advantaged housing rezoning proposal" shall mean a  proposal
    23  for rezoning which, if effective, (1) would increase the rail advantaged
    24  housing  envelope  in  the area proposed for rezoning, and (2) would not
    25  affect zoning regulations applicable outside  a  commuter  rail  station
    26  area.
    27    (l)  "Rezoning"  shall  mean an action undertaken by a local agency to
    28  modify zoning regulations.
    29    (m) "Rezoning entity" shall mean a local agency authorized  to  modify
    30  zoning regulations.
    31    § 4. Uniform standards and conditions.
    32    (a)  The  [commissioner]  secretary  shall  establish a set of uniform
    33  standards and conditions for rail advantaged housing rezoning  proposals
    34  that  are  common  for all rail advantaged housing rezoning proposals or
    35  for particular classes and categories of rail advantaged housing  rezon-
    36  ing proposals.
    37    (b)  The  uniform standards and conditions established under paragraph
    38  (a) of this section shall include:
    39    1. A standard establishing a maximum incremental  population  increase
    40  the  exceedance  of which by a rail advantaged housing rezoning proposal
    41  would cause such rezoning proposal to be deemed to have an environmental
    42  impact;
    43    2. A standard establishing a maximum incremental parking decrease  the
    44  exceedance of which by a rail advantaged housing rezoning proposal would
    45  cause  such  rezoning  proposal  to  be  deemed to have an environmental
    46  impact;
    47    3. A formula to determine, by reference to any, all, or  any  combina-
    48  tion  of  the  following  factors,  the amount which, if paid to a local
    49  agency zoning mitigation account, would mitigate the impact  of  housing
    50  construction  on  the  quality  of a jurisdiction's environment and on a
    51  local agency's ability to provide essential public services: such  local
    52  agency's expenses for public education; such local agency's expenses for
    53  maintenance and improvement of roads, bicycle paths, pedestrian walkways
    54  and parks; such local agency's expenses to provide drinking water and to
    55  manage water quality; and other factors determined by the [commissioner]
    56  secretary to be relevant; and

        S. 2508--A                         89                         A. 3008--A

     1    4. Any other standards and conditions determined by the [commissioner]
     2  secretary.
     3    §  5.  Expedited  zoning  review.    Whenever a county legislature has
     4  adopted a local law to permit rail  advantaged  housing  as  defined  in
     5  section three of this act, the uniform standards established pursuant to
     6  section  four  of this act shall apply to such project if the project is
     7  approved. Approval by a rezoning entity of  a  rail  advantaged  housing
     8  rezoning proposal is contingent upon the approval of the chief executive
     9  officer  of  any town, village or city and shall be deemed to not have a
    10  significant effect on the environment under subparagraph (ii)  of  para-
    11  graph  (c)  of  subdivision  2  of  section  8-0113 of the environmental
    12  conservation law if prior to such approval:
    13    (a) the chief executive officer of any town,  village  or  city  which
    14  includes  property subject to such rezoning has certified that such rail
    15  advantaged housing rezoning proposal:
    16    1. does not exceed the population increase standard established  under
    17  paragraph 1 of subdivision (b) of section four of this act;
    18    2.  does  not  exceed  the parking decrease standard established under
    19  paragraph 2 of subdivision (b) of section four of this act;
    20    3. requires that any person who builds housing pursuant to such rezon-
    21  ing proposal must pay to any  applicable  local  agency's  local  agency
    22  rezoning  mitigation  account  an amount not less than the amount deter-
    23  mined in accordance with the formula established under  paragraph  3  of
    24  subdivision (b) of section four of this act to be sufficient to mitigate
    25  any impacts caused by such housing; and
    26    (b)  such rezoning entity has conducted at least one public hearing on
    27  such rail advantaged rezoning proposal.
    28    § 6. This act shall take effect immediately.

    29                                   PART EE

    30    Section 1. Subdivision 5 of section 1902  of  the  public  authorities
    31  law,  as  added  by  section  6 of part JJJ of chapter 58 of the laws of
    32  2020, is amended to read as follows:
    33    5. Notwithstanding title five-A of article nine of  this  chapter,  or
    34  any  law  to  the  contrary,  establish a build-ready program, including
    35  eligibility and other criteria, pursuant to which the  authority  would,
    36  through  a competitive and transparent bidding process, and using single
    37  purpose project holding companies established by or  on  behalf  of  the
    38  authority  and  having  no separate and independent operational control,
    39  acquire, sell and transfer rights and  other  interests  in  build-ready
    40  sites and development rights to developers for the purpose of facilitat-
    41  ing  the  development of renewable energy facilities on such build-ready
    42  sites. Such transactions may include the transfer of  rights,  interests
    43  and  obligations  existing under agreements providing for host community
    44  benefits negotiated by the authority pursuant  to  programs  established
    45  pursuant to subdivision six of this section on such terms and conditions
    46  as the authority deems appropriate;
    47    §  2.  This  act shall take effect immediately; provided however, that
    48  the amendments to section 1902 of the public  authorities  law  made  by
    49  section  one  of this act shall be subject to the repeal of such section
    50  and shall expire and be deemed repealed therewith.

    51                                   PART FF

        S. 2508--A                         90                         A. 3008--A

     1    Section 1. Subdivision (p) of section 406 of chapter 166 of  the  laws
     2  of  1991,  amending  the  tax  law  and other laws relating to taxes, as
     3  amended by section 12 of part A of chapter 55 of the laws  of  2020,  is
     4  amended to read as follows:
     5    (p) The amendments to section 1809 of the vehicle and traffic law made
     6  by sections three hundred thirty-seven and three hundred thirty-eight of
     7  this  act  shall not apply to any offense committed prior to such effec-
     8  tive date; provided, further, that section three  hundred  forty-one  of
     9  this act shall take effect immediately and shall expire November 1, 1993
    10  at  which  time  it  shall  be  deemed  repealed; sections three hundred
    11  forty-five and three hundred forty-six of this  act  shall  take  effect
    12  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
    13  six, three hundred fifty-seven and three hundred fifty-nine of this  act
    14  shall  take  effect immediately and shall expire June 30, 1995 and shall
    15  revert to and be read as if this act had not been enacted; section three
    16  hundred fifty-eight of this act shall take effect immediately and  shall
    17  expire  June 30, 1998 and shall revert to and be read as if this act had
    18  not been enacted; section three hundred sixty-four through three hundred
    19  sixty-seven of this act shall apply to claims filed  on  or  after  such
    20  effective  date; sections three hundred sixty-nine, three hundred seven-
    21  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    22  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    23  remain in effect until September 1, [2021]  2023,  at  which  time  they
    24  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    25  surcharge provided in section three hundred  seventy-four  of  this  act
    26  shall  apply  to parking violations occurring on or after said effective
    27  date; and provided further that the amendments made to  section  235  of
    28  the vehicle and traffic law by section three hundred seventy-two of this
    29  act,  the amendments made to section 1809 of the vehicle and traffic law
    30  by sections three hundred thirty-seven and three hundred thirty-eight of
    31  this act and the amendments made to section 215-a of the  labor  law  by
    32  section three hundred seventy-five of this act shall expire on September
    33  1,  [2021]  2023  and upon such date the provisions of such subdivisions
    34  and sections shall revert to and be read as if the  provisions  of  this
    35  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    36  section 400.05 of the penal law made by sections three hundred  seventy-
    37  seven  and  three hundred seventy-eight of this act shall expire on July
    38  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    39  revert  and  shall be read as if the provisions of this act had not been
    40  enacted; the state board of law examiners shall take such action  as  is
    41  necessary to assure that all applicants for examination for admission to
    42  practice  as  an  attorney and counsellor at law shall pay the increased
    43  examination fee provided for by the amendment made to section 465 of the
    44  judiciary law by section three hundred eighty of this act for any  exam-
    45  ination given on or after the effective date of this act notwithstanding
    46  that an applicant for such examination may have prepaid a lesser fee for
    47  such examination as required by the provisions of such section 465 as of
    48  the  date  prior  to  the  effective date of this act; the provisions of
    49  section 306-a of the civil practice law and rules as  added  by  section
    50  three  hundred eighty-one of this act shall apply to all actions pending
    51  on or commenced on or after September 1, 1991, provided,  however,  that
    52  for  the  purposes of this section service of such summons made prior to
    53  such date shall be deemed to have been completed on September  1,  1991;
    54  the  provisions  of section three hundred eighty-three of this act shall
    55  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    56  partially  secured  bail  bond  on or after such effective date; and the

        S. 2508--A                         91                         A. 3008--A

     1  provisions of sections  three  hundred  eighty-four  and  three  hundred
     2  eighty-five  of  this  act  shall  apply  only to jury service commenced
     3  during a judicial term beginning on or after the effective date of  this
     4  act; provided, however, that nothing contained herein shall be deemed to
     5  affect  the  application,  qualification,  expiration  or  repeal of any
     6  provision of law amended by any section of this act and such  provisions
     7  shall  be  applied or qualified or shall expire or be deemed repealed in
     8  the same manner, to the same extent and on the same date as the case may
     9  be as otherwise provided by law;
    10    § 2. Subdivision 8 of section 1809 of the vehicle and traffic law,  as
    11  amended  by  section  13 of part A of chapter 55 of the laws of 2020, is
    12  amended to read as follows:
    13    8. The provisions of this section shall only apply to offenses commit-
    14  ted  on  or  before   September   first,   two   thousand   [twenty-one]
    15  twenty-three.
    16    § 3. This act shall take effect immediately.

    17                                   PART GG

    18    Section  1. Section 1226 of the vehicle and traffic law, as amended by
    19  chapter 506 of the laws of 1971, is amended to read as follows:
    20    § 1226. Control of steering mechanism. No person shall operate a motor
    21  vehicle without having at least one hand or, in the case of a physically
    22  handicapped person, at least one prosthetic device or aid on the  steer-
    23  ing  mechanism at all times when the motor vehicle is in motion unless a
    24  driving automation system, as  defined  in  SAE  J3016  as  periodically
    25  revised, is engaged to perform steering function.
    26    §  2.  Subdivision a of section 1 of part FF of chapter 55 of the laws
    27  of 2017, relating to motor vehicles  equipped  with  autonomous  vehicle
    28  technology,  as amended by section 1 of part H of chapter 58 of the laws
    29  of 2018, is amended to read as follows:
    30    a. Notwithstanding the provisions of section 1226 of the  vehicle  and
    31  traffic  law,  the  New  York  state  commissioner of motor vehicles may
    32  approve demonstrations and tests consisting of the operation of a  motor
    33  vehicle  equipped  with  autonomous  vehicle technology while such motor
    34  vehicle is engaged in the use of  such  technology  on  public  highways
    35  within  this  state  for the purposes of demonstrating and assessing the
    36  current development of autonomous vehicle technology and to begin  iden-
    37  tifying potential impacts of such technology on safety, traffic control,
    38  traffic  enforcement, emergency services, and such other areas as may be
    39  identified by such commissioner. [Provided, however,  that  such  demon-
    40  strations  and  tests shall only take place under the direct supervision
    41  of the New York state police, in a form and  manner  prescribed  by  the
    42  superintendent  of  the  New  York  state  police.  Additionally,  a law
    43  enforcement interaction plan shall be included as  part  of  the  demon-
    44  stration and test application that includes information for law enforce-
    45  ment  and first responders regarding how to interact with such a vehicle
    46  in emergency and traffic enforcement situations.    Such  demonstrations
    47  and  tests  shall  take  place  in  a  manner and form prescribed by the
    48  commissioner of motor vehicles including, but not limited to: a require-
    49  ment that a natural person holding a valid license for the operation  of
    50  the  motor  vehicle's class be present within such vehicle for the dura-
    51  tion of the time it is operated on public highways; a  requirement  that
    52  the  motor  vehicle  utilized  in such demonstrations and tests complies
    53  with all applicable federal motor vehicle safety standards and New  York
    54  state  motor  vehicle  inspection  standards; and a requirement that the

        S. 2508--A                         92                         A. 3008--A

     1  motor vehicle utilized in such demonstrations and tests has in place, at
     2  a minimum, financial security in the amount of five million dollars] The
     3  commissioner shall issue and promulgate rules and  regulations  for  the
     4  administration  of  this  act.   Nothing in this act shall authorize the
     5  motor vehicle utilized in such demonstrations and tests  to  operate  in
     6  violation  of  article  22  or  title  7 of the vehicle and traffic law,
     7  excluding section 1226 of such law.
     8    § 3. Section 3 of part FF of chapter 55 of the laws of 2017,  relating
     9  to  motor  vehicles  equipped  with  autonomous  vehicle  technology, as
    10  amended by section 2 of part M of chapter 58 of the  laws  of  2019,  is
    11  amended to read as follows:
    12    § 3. This act shall take effect April 1, 2017; provided, however, that
    13  section  one  of  this  act shall expire and be deemed repealed April 1,
    14  [2021] 2026.
    15    § 4. There is hereby established a group to be known as  the  "Intera-
    16  gency  Group  on  Autonomous  Vehicle  Technology".  The  group shall be
    17  composed of the following members: the commissioner of the department of
    18  transportation or his or her designee; the commissioner of  the  depart-
    19  ment  of  motor vehicles or his or her designee; the director of the New
    20  York State thruway authority or his or her designee; the  chancellor  of
    21  the  state university of New York or his or her designee; and the direc-
    22  tor of the state police or his or  her  designee.  The  group  shall  be
    23  responsible  for  the  coordination  of  all State policy with regard to
    24  autonomous vehicle and connected autonomous vehicle technology with  the
    25  goal  of  providing  quick  and  efficient modification of regulation in
    26  response to evolving industry trends. The group  shall  study,  evaluate
    27  and  develop  recommendations  relating  to specific actionable measures
    28  that address how automated vehicle technology will transform the state's
    29  roadways, economy, education system, and society. The group shall  study
    30  how to support safe testing, deployment and operation of automated vehi-
    31  cle technology on public highways. In doing so, the group shall take the
    32  following into consideration: (a) the measures necessary to successfully
    33  implement  automated vehicles, including necessary legislative and regu-
    34  latory or administrative changes; (b) the difficulties  and  liabilities
    35  that  could  arise by allowing automated vehicles on public highways and
    36  proper mechanisms to manage risks and ensure adequate risk coverage; (c)
    37  how automated vehicle technology can promote research and development in
    38  this state; (d) potential  infrastructure  changes  needed  and  capital
    39  planning  considerations;  and (f) any other issue the group deems rele-
    40  vant.
    41    § 5. This act shall take effect immediately, provided,  however,  that
    42  section one of this act shall take effect April 1, 2026.

    43                                   PART HH

    44    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    45  section 224-b to read as follows:
    46    § 224-b. Convenience fee. In addition to any other fees  provided  for
    47  in  this  chapter, a nonrefundable technology fee of one dollar shall be
    48  added to the applicable fee for any  transaction  for  which  a  fee  is
    49  charged  by  the  department  for:  the  registration, reregistration or
    50  renewal of a registration  of  a  motor  vehicle,  motorcycle,  historic
    51  motorcycle,  snowmobile  or  vessel;  and  the issuance of any original,
    52  duplicate or renewal learner  permit,  driver's  license  or  non-driver
    53  identification  card.  Such fees shall be deposited to the credit of the

        S. 2508--A                         93                         A. 3008--A

     1  dedicated highway and bridge trust fund, established pursuant to section
     2  eighty-nine-b of the state finance law.
     3    §  2.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
     4  finance law, as amended by section 4 of chapter 368 of the laws of 2019,
     5  is amended to read as follows:
     6    (a) The special obligation reserve and payment account  shall  consist
     7  (i)  of all moneys required to be deposited in the dedicated highway and
     8  bridge trust fund pursuant to the provisions  of  sections  two  hundred
     9  five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
    10  fifteen and  eleven  hundred  sixty-seven  of  the  tax  law,  [section]
    11  sections  two  hundred  twenty-four-b  and  four hundred one and article
    12  [twelve-d] twelve-D of the vehicle and traffic law, and section  thirty-
    13  one  of  chapter fifty-six of the laws of nineteen hundred ninety-three,
    14  (ii) all fees, fines or  penalties  collected  by  the  commissioner  of
    15  transportation  and  the  commissioner  of  motor  vehicles  pursuant to
    16  section fifty-two, section three  hundred  twenty-six,  section  eighty-
    17  eight  of  the highway law, subdivision fifteen of section three hundred
    18  eighty-five of the vehicle and traffic law, section two of  part  U1  of
    19  chapter  sixty-two of the laws of two thousand three, subdivision (d) of
    20  section three hundred four-a,  paragraph  one  of  subdivision  (a)  and
    21  subdivision  (d)  of  section  three  hundred five, subdivision six-a of
    22  section four hundred fifteen and subdivision (g) of  section  twenty-one
    23  hundred  twenty-five  of the vehicle and traffic law, section fifteen of
    24  this chapter, excepting moneys deposited with the state  on  account  of
    25  betterments  performed  pursuant to subdivision twenty-seven or subdivi-
    26  sion thirty-five of section ten of the  highway  law,  and  section  one
    27  hundred forty-five of the transportation law, (iii) any moneys collected
    28  by  the  department  of transportation for services provided pursuant to
    29  agreements entered into in accordance with section ninety-nine-r of  the
    30  general  municipal  law, and (iv) any other moneys collected therefor or
    31  credited or transferred thereto from any other fund, account or source.
    32    § 3. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
    33  finance law, as amended by section 5 of chapter 368 of the laws of 2019,
    34  is amended to read as follows:
    35    (a)  The  special obligation reserve and payment account shall consist
    36  (i) of all moneys required to be deposited in the dedicated highway  and
    37  bridge  trust  fund  pursuant  to the provisions of sections two hundred
    38  eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
    39  hundred sixty-seven of the tax law, [section] sections two hundred twen-
    40  ty-four-b  and  four  hundred one and article [twelve-d] twelve-D of the
    41  vehicle and traffic law, and section thirty-one of chapter fifty-six  of
    42  the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
    43  penalties collected  by  the  commissioner  of  transportation  and  the
    44  commissioner  of  motor  vehicles pursuant to section fifty-two, section
    45  three hundred twenty-six,  section  eighty-eight  of  the  highway  law,
    46  subdivision  fifteen of section three hundred eighty-five of the vehicle
    47  and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
    48  deposited with the state on account of betterments performed pursuant to
    49  subdivision  twenty-seven  or  subdivision thirty-five of section ten of
    50  the highway law, and section one hundred forty-five of  the  transporta-
    51  tion law, (iii) any moneys collected by the department of transportation
    52  for  services provided pursuant to agreements entered into in accordance
    53  with section ninety-nine-r of the general municipal law,  and  (iv)  any
    54  other  moneys collected therefor or credited or transferred thereto from
    55  any other fund, account or source.

        S. 2508--A                         94                         A. 3008--A

     1    § 4. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law and shall expire and be deemed repealed  five
     3  years  after  such date; provided, however, that the amendments to para-
     4  graph (a) of subdivision 3 of section 89-b of  the  state  finance  law,
     5  made  by section two of this act, shall be subject to the expiration and
     6  reversion of such paragraph pursuant to section 13 of part U1 of chapter
     7  62 of the laws of 2003, as amended, when upon such date  the  provisions
     8  of  section  three  of this act shall take effect; provided further that
     9  the convenience fee authorized to be collected in  connection  with  fee
    10  transactions  relating  to  the registration of motor vehicles, motorcy-
    11  cles, historic motorcycles, vessels and snowmobiles shall apply  to  new
    12  registrations  issued,  reregistrations  occurring,  and  to renewals of
    13  registrations expiring, on and after such  date;  and  provided  further
    14  that  the  technology  fee authorized to be collected in connection with
    15  fee transactions relating to learner permits, driver licenses and  iden-
    16  tification cards shall apply to new learner permits, driver licenses and
    17  identification  cards issued, and to renewals of learner permits, driver
    18  licenses and identification cards expiring,  on  and  after  such  date.
    19  Effective immediately, the addition, amendment and/or repeal of any rule
    20  or  regulation  and any changes in procedures and information technology
    21  systems necessary for the implementation of this act  on  its  effective
    22  date are authorized to be made and completed on or before such effective
    23  date.

    24                                   PART II

    25    Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
    26  amending the public authorities law, relating to authorizing the  dormi-
    27  tory  authority to enter into certain design and construction management
    28  agreements, as amended by section 1 of part B of chapter 58 of the  laws
    29  of 2019, is amended to read as follows:
    30    §  2.  This  act shall take effect immediately and shall expire and be
    31  deemed repealed April 1, [2021] 2024.
    32    § 2. The dormitory authority of the state of New York shall provide  a
    33  report  providing  information regarding any project undertaken pursuant
    34  to a design and construction management agreement, as authorized by part
    35  BB of chapter 58 of the laws of 2012, between the dormitory authority of
    36  the state of New York and the department of  environmental  conservation
    37  and/or  the office of parks, recreation and historic preservation to the
    38  governor, the temporary president of  the  senate  and  speaker  of  the
    39  assembly.  Such report shall include but not be limited to a description
    40  of each such project, the project identification  number  of  each  such
    41  project,  if applicable, the projected date of completion, the status of
    42  the project, the total cost or projected cost of each such project,  and
    43  the  location, including the names of any county, town, village or city,
    44  where each such project is located or  proposed.  In  addition,  such  a
    45  report  shall be provided to the aforementioned parties by the first day
    46  of March of each year that the authority to enter into  such  agreements
    47  pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
    48    §  3.  This  act  shall take effect immediately and shall be deemed to
    49  have been in full force and effect on and after April 1, 2021.

    50                                   PART JJ

    51    Section 1. The opening paragraph of section 5102 of the insurance  law
    52  is amended and a new subsection (n) is added to read as follows:

        S. 2508--A                         95                         A. 3008--A

     1    In this [chapter] article:
     2    (n) "Provider of health services" means a person or entity who or that
     3  renders health services.
     4    § 2. Section 5109 of the insurance law, as added by chapter 423 of the
     5  laws of 2005, is amended to read as follows:
     6    §  5109.  Unauthorized  providers  of health services. (a) [The super-
     7  intendent, in consultation with  the  commissioner  of  health  and  the
     8  commissioner of education, shall by regulation, promulgate standards and
     9  procedures  for  investigating  and  suspending or removing the authori-
    10  zation for providers of health services to demand or request payment for
    11  health services as specified in  paragraph  one  of  subsection  (a)  of
    12  section  five  thousand  one  hundred  two of this article upon findings
    13  reached after investigation pursuant to this section.  Such  regulations
    14  shall  ensure  the  same  or  greater  due process provisions, including
    15  notice and opportunity to be heard, as those afforded physicians  inves-
    16  tigated  under  article  two  of the workers' compensation law and shall
    17  include provision for notice to all providers of health services of  the
    18  provisions  of  this  section  and regulations promulgated thereunder at
    19  least ninety days in advance of the effective date of such regulations.]
    20  As used in this section, "health  services"  means  services,  supplies,
    21  therapies  or other treatments as specified in subparagraph (i), (ii) or
    22  (iv) of paragraph one of subsection (a) of  section  five  thousand  one
    23  hundred two of this article.
    24    (b)  [The  commissioner  of  health  and the commissioner of education
    25  shall provide a list of the names of all providers  of  health  services
    26  who  the  commissioner of health and the commissioner of education shall
    27  deem, after  reasonable  investigation,  not  authorized  to  demand  or
    28  request  any  payment  for medical services in connection with any claim
    29  under this article because such provider of health services] The  super-
    30  intendent  may  prohibit a provider of health services from demanding or
    31  requesting payment for health  services  rendered  under  this  article,
    32  other  than  health  services  rendered in the emergency department of a
    33  general hospital, as defined in subdivision ten of section two  thousand
    34  eight  hundred  one of the public health law, for a period not exceeding
    35  three years, if the superintendent determines, after notice and hearing,
    36  that the provider of health services:
    37    (1) has admitted to, or been found guilty of, professional [or  other]
    38  misconduct  [or  incompetency],  as  defined  in  the  education law, in
    39  connection with [medical] health services rendered under  this  article;
    40  [or
    41    (2)  has  exceeded the limits of his or her professional competence in
    42  rendering medical care under this article or has knowingly made a  false
    43  statement  or representation as to a material fact in any medical report
    44  made in connection with any claim under this article; or
    45    (3)] (2) solicited, or [has] employed another person  to  solicit  for
    46  [himself  or  herself]  the provider of health services or [for] another
    47  person or entity, professional treatment, examination  or  care  of  [an
    48  injured] a person in connection with any claim under this article; [or
    49    (4)  has]  (3)  refused  to appear before, or [to] answer any question
    50  upon request of, the [commissioner of health, the] superintendent[,]  or
    51  any  duly  authorized officer of [the] this state, [any legal question,]
    52  or refused to produce any relevant information concerning [his  or  her]
    53  the  conduct  of  the  provider  of  health  services in connection with
    54  [rendering medical] health services rendered under this article; [or
    55    (5) has] (4) engaged in [patterns] a pattern of billing for:

        S. 2508--A                         96                         A. 3008--A

     1    (A) health services [which] alleged to have been rendered  under  this
     2  article,   when  the  health  services  were  not  [provided]  rendered,
     3  provided, however, that an adverse determination by  the  superintendent
     4  pursuant  to this subparagraph shall not be based on good faith disputes
     5  regarding  the appropriateness of a particular code to describe a health
     6  service; or
     7    (B) unnecessary health services, provided, however,  that  an  adverse
     8  determination  by the superintendent pursuant to this subparagraph shall
     9  not be based solely on the fact that one or more  insurers  have  denied
    10  multiple claims submitted by the provider of health services;
    11    (5)  utilized  unlicensed persons to render health services under this
    12  article, when only a person licensed in this state may render the health
    13  services;
    14    (6) utilized licensed persons to  render  health  services  that  were
    15  beyond the authorized scope of the person's license;
    16    (7) ceded ownership, operation or control of a business entity author-
    17  ized  to provide professional health services in this state, including a
    18  professional service corporation, professional limited liability company
    19  or registered limited liability partnership, to a person not licensed to
    20  render the health services for which the entity is legally authorized to
    21  provide, except where the unlicensed person's  ownership,  operation  or
    22  control is otherwise permitted by law;
    23    (8)  committed a fraudulent insurance act as defined in section 176.05
    24  of the penal law;
    25    (9) has been convicted of a crime involving  fraudulent  or  dishonest
    26  practices; or
    27    (10) violated any provision of this article or regulations promulgated
    28  thereunder.
    29    (c)  [Providers]  A  provider  of  health services shall [refrain from
    30  subsequently treating for remuneration, as a private patient, any person
    31  seeking medical treatment] not demand or request payment for any  health
    32  services  under  this article [if such provider pursuant to this section
    33  has been prohibited from demanding or requesting any payment for medical
    34  services under this article. An injured claimant so treated or  examined
    35  may  raise this as] other than health services rendered in the emergency
    36  department of a general hospital,  as  defined  in  subdivision  ten  of
    37  section  two  thousand  eight hundred one of the public health law, that
    38  are rendered during the term of the prohibition ordered  by  the  super-
    39  intendent  pursuant  to subsection (b) of this section.  The prohibition
    40  ordered by the superintendent may be a defense in any action  by  [such]
    41  the  provider  of health services for payment for [treatment rendered at
    42  any time after such provider  has  been  prohibited  from  demanding  or
    43  requesting  payment  for  medical  services in connection with any claim
    44  under this article] such health services.
    45    (d) The chair of the workers' compensation  board  shall  provide  the
    46  superintendent  a  list of the names of all providers of health services
    47  which, in connection with any investigation, hearing, or findings pursu-
    48  ant to section thirteen-d of the workers' compensation law, have  volun-
    49  tarily resigned or are disqualified from rendering health services under
    50  the  workers' compensation law.  Such providers of health services shall
    51  not be authorized to demand or request any payment for  health  services
    52  in  connection  with  any  claim  under  this article, other than health
    53  services rendered in the emergency department of a general hospital,  as
    54  defined  in subdivision ten of section two thousand eight hundred one of
    55  the public health law, that are rendered during  the  period  that  such

        S. 2508--A                         97                         A. 3008--A

     1  providers  of health services have voluntarily resigned or are disquali-
     2  fied from rendering health services under the workers' compensation law.
     3    (e)  The  chair  of the workers' compensation board shall maintain and
     4  regularly update a database containing a list  of  providers  of  health
     5  services  which, in connection with any investigation, hearing, or find-
     6  ings pursuant to section thirteen-d of the  workers'  compensation  law,
     7  have  voluntarily  resigned  or  are  disqualified from rendering health
     8  services under the workers' compensation law, and shall make such infor-
     9  mation available to the public.
    10    (f) The [commissioner of health and  the  commissioner  of  education]
    11  superintendent shall maintain [and regularly update] a database contain-
    12  ing  a  list  of providers of health services prohibited by this section
    13  from demanding or requesting any payment for health services  [connected
    14  to a claim] rendered under this article and shall make [such] the infor-
    15  mation available to the public [by means of a website and by a toll free
    16  number].
    17    (g)  The  superintendent  may levy a civil penalty not exceeding fifty
    18  thousand dollars on any provider of health services that the superinten-
    19  dent prohibits from demanding or requesting payment for health  services
    20  pursuant  to  subsection (b) of this section.  Any civil penalty imposed
    21  under this section that is based upon the  commission  of  a  fraudulent
    22  insurance  act,  as defined in section 176.05 of the penal law, shall be
    23  levied in accordance with subsection (c) of section four  hundred  three
    24  of this chapter.
    25    [(e)]  (h)  Nothing  in this section shall be construed as limiting in
    26  any respect the powers and duties of the commissioner of health, commis-
    27  sioner of education, the chair of the workers'  compensation  board,  or
    28  the  superintendent  to investigate instances of misconduct by a [health
    29  care] provider [and, after a hearing and  upon  written  notice  to  the
    30  provider,  to  temporarily  prohibit a provider of health services under
    31  such investigation from demanding or requesting any payment for  medical
    32  services  under this article for up to ninety days from the date of such
    33  notice] of health services and take appropriate action pursuant  to  any
    34  other  provision  of law. A determination of the superintendent pursuant
    35  to subsection (b) of this section shall not be binding upon the  commis-
    36  sioner  of  health  or  the  commissioner of education in a professional
    37  discipline proceeding relating to the same conduct.
    38    § 3.  The superintendent of financial services shall convene  a  motor
    39  vehicle  insurance  task  force, to examine alternatives to the no-fault
    40  insurance system as well as other legislative or regulatory  initiatives
    41  to  reduce  the  cost  of  motor vehicle insurance. The task force shall
    42  issue a report to the governor on  its  recommendations  no  later  than
    43  December  31, 2021.   The task force shall be chaired by the superinten-
    44  dent of financial services or his or  her  designee,  and  the  governor
    45  shall  appoint  eight (8) members comprised of consumer representatives,
    46  health insurers, trial attorneys, healthcare  providers,  and  insurers.
    47  The  members  of  the task force shall receive no compensation for their
    48  services, but shall be  allowed  their  actual  and  necessary  expenses
    49  incurred in the performance of their duties.
    50    §  4.  This  act shall take effect immediately; provided, however that
    51  sections one and two of this act shall take effect on  the  one  hundred
    52  eightieth day after it shall have become a law.

    53                                   PART KK

    54    Section 1. Section 410 of the economic development law is REPEALED.

        S. 2508--A                         98                         A. 3008--A

     1    §  2.  Section  3102-b of the public authorities law, as renumbered by
     2  chapter 291 of the laws of 1990, the opening  paragraph  as  amended  by
     3  chapter  616 of the laws of 1991, paragraph (a) of subdivision 1, subdi-
     4  vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of
     5  the  laws  of  2010, subdivisions 5 and 6 as added by chapter 828 of the
     6  laws of 1987, is amended to read as follows:
     7    § 3102-b. Centers for  advanced  technology.  In  order  to  encourage
     8  greater  collaboration  between private industry and the universities of
     9  the state in the development and application of  new  technologies,  the
    10  [foundation] department is authorized to designate for advanced technol-
    11  ogy  such  areas as integrated electronics, optics, biotechnology, tele-
    12  communications, automation and robotics, electronics packaging,  imaging
    13  technology  and  others  [identified by the foundation] as determined by
    14  the department in accordance with the  criteria  set  forth  in  section
    15  three  of  part   T   of chapter eighty-four of the laws of two thousand
    16  two, in areas identified by such department as having significant poten-
    17  tial for economic growth in New York, or in which the application of new
    18  technologies could significantly enhance the productivity and  stability
    19  of  New  York  businesses. Such designations shall be made in accordance
    20  with the standards and criteria set forth in  subdivision  two  of  this
    21  section.  Centers  so  designated shall be eligible for support from the
    22  foundation in the manner provided  for  in  subdivision  three  of  this
    23  section, and for such additional support as may otherwise be provided by
    24  law.
    25    1. As used in this section:
    26    (a) "center for advanced technology" or "center" means a university or
    27  university-affiliated  research institute or a consortium of such insti-
    28  tutions, designated by the [foundation]  department,  which  conducts  a
    29  continuing program of basic and applied research, development, and tech-
    30  nology  commercialization in one or more technological areas, in collab-
    31  oration with and through the support of private business  and  industry;
    32  and
    33    (b)  "applicant"  means a university or university-affiliated research
    34  institute or a consortium of such institutions which request designation
    35  as a center in accordance with such requirements as are  established  by
    36  the [foundation] department for this purpose.
    37    (c) "department" means the department of economic development.
    38    2. The [foundation] department shall:
    39    (a)  identify  technological  areas for which centers should be desig-
    40  nated including technological areas that are related to industries  with
    41  significant  potential  for  economic growth and development in New York
    42  state and technological areas that are related  to  the  enhancement  of
    43  productivity in various industries located in New York state.
    44    (b) establish criteria that applicants must satisfy for designation as
    45  a center, including, but not limited to the following:
    46    (i)  an established record of research, development and instruction in
    47  the area or areas of technology involved;
    48    (ii) the capacity to conduct research and  development  activities  in
    49  collaboration with business and industry;
    50    (iii)  the  capacity  to  secure substantial private and other govern-
    51  mental funding for the proposed center, in amounts at least equal to the
    52  total of support sought from the state;
    53    (iv) the ability and willingness to cooperate with other  institutions
    54  in  the  state in conducting research and development activities, and in
    55  disseminating research results; and to work with technical and community

        S. 2508--A                         99                         A. 3008--A

     1  colleges in the state to enhance the quality of technical  education  in
     2  the area or areas of technology involved;
     3    (v)  the  ability  and  willingness to cooperate with the [foundation]
     4  department and other economic  development  agencies  in  promoting  the
     5  growth  and  development  in  New York state of industries based upon or
     6  benefiting from the area or areas of technology involved.
     7    (c) establish such  requirements  as  it  deems  appropriate  for  the
     8  format,  content  and  filing of applications for designation as centers
     9  for advanced technology.
    10    (d) establish such procedures as it deems appropriate for  the  evalu-
    11  ation  of applications for designation as centers for advanced technolo-
    12  gy, including the  establishment  of  peer  review  panels  composed  of
    13  nationally  recognized experts in the technological areas and industries
    14  to which the application is related.
    15    (e) Notwithstanding the criteria set forth in this subdivision, or any
    16  provision of law to the contrary, the universities, university-affiliat-
    17  ed research institutes or a consortium of such  institutions  designated
    18  as  centers of excellence under section four hundred ten of the economic
    19  development law  on or before the effective date of the chapter  of  the
    20  laws  of  two  thousand  twenty-one  that  amended this section shall be
    21  designated as centers for advanced technology for a period of two years,
    22  during which time a competition will be held to award  ten  year  desig-
    23  nations  to applicants deemed to have significant economic impact poten-
    24  tial. The number of awards made as a result of such competition shall be
    25  at least equal to the number of centers of excellence. Centers of excel-
    26  lence receiving a two year center designation shall  include:    Buffalo
    27  Center  of  Excellence  in  Bioinformatics  and  Life Sciences; Syracuse
    28  Center of Excellence in Environmental and Energy Systems; Albany  Center
    29  of  Excellence  in  Nanoelectronics; Stony Brook Center of Excellence in
    30  Wireless and Information Technology; Binghamton Center of Excellence  in
    31  Small  Scale  Systems  Integration  and Packaging; Stony Brook Center of
    32  Excellence in Advanced Energy Research; Buffalo Center of Excellence  in
    33  Materials  Informatics;  Rochester  Center  of Excellence in Sustainable
    34  Manufacturing; Rochester Center of Excellence in Data  Science;  Rensse-
    35  laer  Polytechnic  Institute, Rochester Institute of Technology, and New
    36  York University  Center  of  Excellence  in  Digital  Game  Development;
    37  Cornell  University  Center  of Excellence in Food and Agriculture Inno-
    38  vation; Albany Center of Excellence in Data Science in  Atmospheric  and
    39  Environmental Prediction and Innovation; New York Medical College Center
    40  of  Excellence  in Precision Responses to Bioterrorism and Disaster; and
    41  Clarkson - SUNY ESF Center of Excellence in Healthy Water Solutions.
    42    3. (a) From such funds as may be appropriated for this purpose by  the
    43  legislature,  the [foundation] department may provide financial support,
    44  through contracts or other means, to  designated  centers  for  advanced
    45  technology,  in  order to enhance and accelerate the development of such
    46  centers.  Funds received pursuant to this subdivision may  be  used  for
    47  purchase  of  equipment  and fixtures, employment of faculty and support
    48  staff, provision of graduate fellowships, and other purposes approved by
    49  the  [foundation]  department,  but  may  not  be   used   for   capital
    50  construction.  In  each  case,  the  amount provided by the [foundation]
    51  department to a center shall be matched by commitments of  support  from
    52  private and governmental other than state sources provided that:
    53    (i)  funds  or  in-kind  resources  provided  by the public or private
    54  university of which the center is a part  may  be  counted  towards  the
    55  match;
    56    (ii) such match shall not be required on a project-by-project basis;

        S. 2508--A                         100                        A. 3008--A

     1    (iii)  matching  funds  received from businesses with no more than one
     2  hundred employees shall count as double the actual dollar amount  toward
     3  the center's overall match requirement;
     4    (iv) funds used by the center for any workforce development activities
     5  required by the [foundation] department shall not be included as part of
     6  the  center's  award  when  determining  the  amount  of  matching funds
     7  required by the [foundation] department.  Such activities shall include,
     8  but are not limited to, helping incumbent  workers  expand  their  skill
     9  sets  through  short  courses, seminars, and workshops; providing indus-
    10  try-driven research assistant opportunities for students, and aiding  in
    11  the  development  of  undergraduate and graduate courses in the center's
    12  technology focus to help ensure that students are trained  to  meet  the
    13  needs of industry;
    14    (v)  centers  may  use  not  more then twenty-five percent of indirect
    15  costs towards any match requirements.
    16    (b) (i) The [amount provided  by  the  foundation  shall  be  made  in
    17  accordance with the following:
    18    (i)  for the academic year in which it is first funded as a designated
    19  center, and the five subsequent  years,  the]  amount  provided  by  the
    20  [foundation]  department  to  a  center  shall be matched equally by the
    21  center[;
    22    (ii) beginning in the sixth academic year following the academic  year
    23  in  which  a  center is first funded as a designated center and for each
    24  academic year thereafter, amounts provided by the foundation  of  up  to
    25  seven  hundred  fifty  thousand  dollars shall be matched equally by the
    26  center, amounts in excess of seven hundred fifty thousand dollars  shall
    27  be matched by the center in amounts of at least the percentage set forth
    28  herein:  in  the  sixth year, one hundred twenty percent; in the seventh
    29  year, one hundred forty percent; in the eighth year, one  hundred  sixty
    30  percent;  in  the  ninth  year, one hundred eighty percent; in the tenth
    31  year and each year thereafter, two hundred percent;
    32    (iii) beginning in the ninth academic year following the academic year
    33  in which a center is first funded as a designated center, the foundation
    34  shall evaluate such center's area of advanced  technology  to  determine
    35  whether  it  has  continued significant potential for enhancing economic
    36  growth in New York, or whether the application of  technologies  in  the
    37  area  could  significantly enhance the productivity and stability of New
    38  York businesses;
    39    (iv) upon]. (ii) Upon a finding by the [foundation] department that an
    40  area of advanced technology  has  continued  significant  potential  for
    41  enhancing  economic growth in New York, or that the application of tech-
    42  nologies in the area could significantly enhance  the  productivity  and
    43  stability  of  New  York  businesses,  the  [foundation] department will
    44  initiate a redesignation process in accordance with  the  standards  and
    45  criteria set forth in paragraph (b) of subdivision two and in accordance
    46  with paragraphs (c) and (d) of subdivision two of this section.
    47    [(1)  In the event a new center is selected in the redesignation proc-
    48  ess, the foundation shall provide funds to such new center in accordance
    49  with the funding match requirements set forth in subparagraphs  (i)  and
    50  (ii) of paragraph (a) of this subdivision.
    51    (2) In the event a previously designated center is redesignated in the
    52  same  area of technology, which redesignation is effective for the tenth
    53  academic year following the first academic year of both designation  and
    54  funding,  then, in that year and in each year thereafter, the foundation
    55  shall provide funds of up to seven hundred fifty thousand dollars to  be
    56  matched  equally by the center, amounts in excess of seven hundred fifty

        S. 2508--A                         101                        A. 3008--A

     1  thousand dollars shall be matched by the center in amounts of  at  least
     2  two hundred percent.
     3    (3)]  (iii) In the event a currently designated center is not selected
     4  in the redesignation process for an additional term, or upon  a  finding
     5  by the [foundation] department that the area of advanced technology does
     6  not  have  significant  potential  for  enhancing economic growth in New
     7  York, or upon a finding that the application  of  technologies  in  that
     8  area  would  not significantly enhance the productivity and stability of
     9  New York businesses, then the  [foundation]  department  shall,  in  the
    10  tenth  academic  year following such center's first both designation and
    11  funding, which year shall be the final year of funding for such  center,
    12  provide an amount of up to five hundred thousand dollars.
    13    (c)  Continued funding of the operations of each center shall be based
    14  upon a showing that: the center continues to comply  with  the  criteria
    15  established  by the [foundation] department pursuant to paragraph (b) of
    16  subdivision two of this section; a demonstration of assistance to  small
    17  businesses  in  New  York state through research, technology transfer or
    18  other means as approved by  the  [foundation]  department;  evidence  of
    19  partnerships   with  other  appropriate  entities  to  develop  outreach
    20  networks and ensure that companies receive access to appropriate federal
    21  funding for technology development  and  commercialization  as  well  as
    22  non-research assistance such as general business consulting. Appropriate
    23  partners  are  those  with  which the center demonstrates a relationship
    24  that enhances and advances the center's ability to aid  economic  growth
    25  in New York state; and compliance with the rules, regulations and guide-
    26  lines of the [foundation] department; and, compliance with any contracts
    27  between the [foundation] department and the designated center.
    28    (d)  Each  center  shall  report on its activities to the [foundation]
    29  department in a manner and according to the schedule established by  the
    30  [foundation]  department,  and shall provide such additional information
    31  as the [foundation] department may require provided,  that  quantifiable
    32  economic  development  impact  measures are not restricted to any period
    33  less than five years and that centers provide a full description of  all
    34  non-quantifiable  measures.   The [foundation] department shall evaluate
    35  center operations using methods such as site visits, reporting of speci-
    36  fied information and peer review evaluations using experts in the  field
    37  of  technology  in  which  the  center  was designated. The [foundation]
    38  department shall notify each center of the results  of  its  evaluations
    39  and  findings  of  deficiencies  in  the operation of such center or its
    40  research, education,  or  technology  commercialization  activities  and
    41  shall  work  with  such centers to remedy such findings. If such factors
    42  are not remedied, the [foundation] department  may  withdraw  the  state
    43  funding  support,  in  whole  or  in part, or withdraw the center desig-
    44  nation.
    45    (e) In order to encourage that the results of center research  benefit
    46  New  York  state, designation and continued funding of each center shall
    47  be contingent upon  each  center's  establishing  within  its  licensing
    48  guidelines  the  following:  after  payment  of  the inventor's share, a
    49  reduced payment due to the university of any royalty,  income  or  other
    50  consideration  earned  from the license or sale of intellectual property
    51  rights created or developed at, or through the use of, the facilities of
    52  the center by any person or entity if the manufacturing or use resulting
    53  from such intellectual property rights occurs within New York state. The
    54  [foundation] department shall promulgate rules and regulations regarding
    55  the provisions of the licensing  guidelines  described  herein  as  they

        S. 2508--A                         102                        A. 3008--A

     1  apply  to  such reduced payment, and such provisions shall be subject to
     2  the approval of the [foundation] department.
     3    4.  From  such  funds  as  may be appropriated for this purpose by the
     4  legislature, the [foundation] department may provide grants to  any  one
     5  university or university-affiliated research institution for purposes of
     6  planning  and  program  development aimed at enabling such university or
     7  university-affiliated research institution to qualify for designation as
     8  a center. Such grants shall be awarded on a competitive basis, and shall
     9  be available only to those applicants  which  in  the  judgment  of  the
    10  [foundation]  department  may reasonably be expected to be designated as
    11  centers. No applicant shall receive more than one such grant.
    12    5. (a) From such funds as may  be  appropriated  for  the  purpose  of
    13  incentive grants or other funds which may be available from the [founda-
    14  tion] department to enhance center activities in areas of crucial inter-
    15  est in the state's economic development, the [foundation] department may
    16  provide  grants, on a competitive basis, to centers for projects includ-
    17  ing, but not limited to, those which:
    18    (i) explore new technologies  with  commercial  application  conducted
    19  jointly  by  two  or more centers or a center and non-center university,
    20  college or community college;
    21    (ii) are aimed at enhancing or accelerating the  process  of  bringing
    22  new  products,  particularly  those under development by new small busi-
    23  nesses, to the marketplace; or
    24    (iii) increase technology transfer projects with  the  state's  mature
    25  manufacturing  industries  in applying technology in their manufacturing
    26  processes or for new product development.
    27    (b) State support for incentive grants may be matched on an individual
    28  basis by the [foundation] department, which may  consider  the  type  of
    29  project  and  the  availability  of amounts from private, university and
    30  governmental, other than state, sources.
    31    6. (a) The [foundation] department shall make an annual report of  the
    32  centers for advanced technology program to the governor and the legisla-
    33  ture  not  later  than  September  first of each year. Such report shall
    34  include, but not be  limited  to,  the  results  of  the  [foundation's]
    35  department's evaluation of each center, a description of the achievement
    36  of  each center, any deficiencies in the operation of each center or its
    37  research, education and technology commercialization activities, remedi-
    38  al actions recommended by the [foundation] department, remedial  actions
    39  taken  by  each  center,  a description of the small business assistance
    40  provided by each center, a description of any  incentive  grant  program
    41  awarded  a  grant by the [foundation] department and the achievements of
    42  such program, and the amount of financial  assistance  provided  by  the
    43  [foundation] department and the level of matching funds provided by each
    44  center and the uses of such monies.
    45    (b)  Annual  reports shall include a discussion of any fields of tech-
    46  nology that the foundation has identified as having  significant  poten-
    47  tial  for  economic growth or improved productivity and stability of New
    48  York businesses and in which no center for advanced technology has  been
    49  designated  and  recommendations  of  the  [foundation] department as to
    50  actions that should be taken.
    51    § 3. This act shall take effect immediately, provided, however section
    52  one of this act shall take effect April 1, 2023.

    53                                   PART LL

        S. 2508--A                         103                        A. 3008--A

     1    Section 1. Paragraph (a) of subdivision 1 of section 9-x of the  bank-
     2  ing law, as amended by section 1 of part C of chapter 126 of the laws of
     3  2020, is amended to read as follows:
     4    (a)  "Covered  period" means March 7, 2020 until the later of December
     5  31, 2021 or the date on which none of  the  provisions  that  closed  or
     6  otherwise  restricted  public  or private businesses or places of public
     7  accommodation, or required postponement or cancellation of  all  non-es-
     8  sential  gatherings  of individuals of any size for any reason in Execu-
     9  tive Orders 202.3, 202.4, 202.5, 202.6, 202.7,  202.8,  202.10,  202.11,
    10  202.13  or 202.14, as extended by Executive Orders 202.28 and 202.31 and
    11  as further extended by any future Executive Order, issued in response to
    12  the COVID-19 pandemic continue to apply in the county of  the  qualified
    13  mortgagor's residence;
    14    § 2. This act shall take effect immediately.

    15                                   PART MM

    16    Section 1. This act enacts into law components of legislation relating
    17  to  eviction  and  foreclosure  protections  for  tenants  and owners of
    18  commercial real property. Each component is wholly  contained  within  a
    19  subpart  identified as Subparts A through B. The effective date for each
    20  particular provision contained within such Subpart is set forth  in  the
    21  last  section  of such Subpart.   Any provision in any section contained
    22  within a subpart, including the effective date  of  the  subpart,  which
    23  makes reference to a section "of this act", when used in connection with
    24  that  particular  component,  shall  be  deemed to mean and refer to the
    25  corresponding section of the subpart in which it is found.  Section five
    26  of this act sets forth the general effective date of this act.
    27    § 2. Short title. This act shall be known and  may  be  cited  as  the
    28  "COVID-19  Emergency Eviction and Foreclosure Prevention for Tenants and
    29  Owners of Commercial Real Property Act of 2021".
    30    § 3. Legislative intent. The Legislature finds and declares all of the
    31  following:
    32    1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer-
    33  gency in response to the Coronavirus disease (COVID-19) pandemic.  Meas-
    34  ures  necessary  to  contain  the  spread of COVID-19 have brought about
    35  widespread economic and societal disruption, placing the  state  of  New
    36  York in unprecedented circumstances.
    37    2.  COVID-19  presents  a  historic  threat  to  public health and the
    38  economic well-being of New Yorkers. Commercial tenants and real property
    39  owners are facing eviction  or  foreclosure  due  to  necessary  disease
    40  control  measures  that  reduced  businesses  revenue and triggered mass
    41  unemployment across the state.
    42    3. The pandemic has further interrupted court operations,  the  avail-
    43  ability  of counsel, the ability for parties to pay for counsel, and the
    44  ability to safely commute and enter a courtroom,  settlement  conference
    45  and the like.
    46    4.  A  temporary prohibition of evictions and foreclosures for commer-
    47  cial properties is to the mutual benefit of all  New  Yorkers  and  will
    48  help  the  state  address  the  financial  toll of the pandemic, protect
    49  public health, and set the stage for economic recovery.
    50    5. As such, a limited, temporary stay  is  necessary  to  protect  the
    51  public health, financial security, and morals of the people the Legisla-
    52  ture represents from the dangers of the COVID-emergency pandemic.

    53                                  SUBPART A

        S. 2508--A                         104                        A. 3008--A

     1    Section 1. Definitions. For the purposes of this act:
     2    1.  "Eviction  proceeding"  means  a  summary  proceeding  to  recover
     3  possession of real property relating to a commercial unit under the real
     4  property actions and proceedings law for nonpayment of rent or any other
     5  judicial proceeding to recover possession of  commercial  real  property
     6  for nonpayment of rent.
     7    2.  "Landlord"  includes  a  landlord,  owner of real property and any
     8  other person with a legal right to pursue eviction,  possessory  action,
     9  or  a  money  judgment for rent, including arrears, owed or that becomes
    10  due during the COVID-19 covered period, as defined in section 1 of chap-
    11  ter 127 of the laws of 2020.
    12    3. "Tenant" includes a commercial tenant, or any other person or enti-
    13  ty responsible for paying rent, use and occupancy, or any  other  finan-
    14  cial  obligation  under  a lease for real property or tenancy agreement,
    15  but does not include a residential tenant of a dwelling unit.
    16    4. "Hardship declaration" means the following statement, or a substan-
    17  tially  equivalent  statement  in  the  tenant's  primary  language,  in
    18  14-point  type, published by the office of court administration, whether
    19  in physical or electronic form, regarding the financial hardship of  the
    20  tenant and signed under the penalty of perjury by the tenant:
    21  "NOTICE  TO  COMMERCIAL TENANT: If you have lost income or had increased
    22  costs during the COVID-19 pandemic as described in this hardship  decla-
    23  ration  and you sign and deliver this hardship declaration to your land-
    24  lord, you cannot be evicted until at least May 1, 2021 for nonpayment of
    25  rent. You or your licensees may still  be  evicted  for  violating  your
    26  lease by persistently engaging in behavior that infringes on the use and
    27  enjoyment  of  other tenants or occupants or causes a substantial safety
    28  hazard to others. If your landlord has provided you with this form, your
    29  landlord must also provide you with a mailing address and email  address
    30  to  which you can return this form. If your landlord has already started
    31  an eviction proceeding against you, you can return this form  to  either
    32  your landlord, the court, or both at any time. You should keep a copy or
    33  a  picture  of  the signed form for your records. You will still owe any
    34  unpaid rent to your landlord. You should also keep careful track of what
    35  you have paid and any amount you still owe.
    36  COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19  PANDEM-
    37  IC:   I am a commercial tenant, lawful occupant, or other person respon-
    38  sible for paying rent, use and occupancy, or any other  financial  obli-
    39  gation  under  a  commercial  lease  or  commercial tenancy agreement at
    40  (address of commercial property).
    41    You must indicate below your qualification for eviction protection  by
    42  checking the appropriate box and signing the declaration:
    43  My  business  is  experiencing  financial  hardship  due to the COVID-19
    44  pandemic, I certify I have not received any federal, state or local  aid
    45  for  businesses  harmed  by  COVID-19, and I am unable to pay my rent or
    46  other financial obligations under the  lease  in  full  because  of  the
    47  following:

    48  ( )  My  business was subject to seating, occupancy or on-premises pres-
    49  ence limitations due to COVID-19 safety measures as required by New York
    50  State Executive Orders and the business suffered a significant  loss  of
    51  income  or  significant  increase in cost, the approximate percentage of
    52  which may be required to be provided or proved by documentation;
    53  ( ) My business has experienced a reduction  in  gross  receipts  by  at
    54  least  thirty-five  percent for any three-month term during the COVID-19

        S. 2508--A                         105                        A. 3008--A

     1  coverage period that is comparable to a three-month term in 2019,  which
     2  may be required to be proved by documentation;
     3  ( ) My business has experienced a net decrease in employment by at least
     4  thirty-five  percent for any three-month term during the COVID-19 cover-
     5  age period that is comparable to a three-month term in 2019,  which  may
     6  be required to be proved by documentation; or
     7  ( ) I attest that my business was in receipt of federal, state, or local
     8  aid  for  businesses financially harmed by COVID-19, however the amounts
     9  received _____ (fill in  amount)  was  insufficient  to  pay  fully  any
    10  arrears,  and  my  business still meets one or more of the criteria laid
    11  out above and I qualify for financial hardship under this section.
    12    I understand that I must comply with all other lawful terms  under  my
    13  tenancy,  lease agreement or similar contract. I further understand that
    14  lawful fees, penalties or interest for not having paid rent in  full  or
    15  met  other financial obligations as required by my tenancy, lease agree-
    16  ment or similar contract may still  be  charged  or  collected  and  may
    17  result  in  a monetary judgment against me. I further understand that my
    18  landlord may be able to seek eviction after May 1, 2021,  and  that  the
    19  law  may provide certain protections at that time that are separate from
    20  those available through this declaration.

    21  Signed:
    22  Printed name:
    23  Date signed:

    24  NOTICE: You are signing and submitting this form under penalty  of  law.
    25  That  means  it is against the law to make a statement on this form that
    26  you know is false."
    27    § 2. Notwithstanding any law to  the  contrary  no  commercial  tenant
    28  shall  be  removed  from  possession  prior to May 1, 2021, except by an
    29  eviction proceeding.
    30    § 3. Pending eviction proceedings. Any eviction proceeding pending  on
    31  the  effective date of this act, including eviction proceedings filed on
    32  or before March 7, 2020, or commenced within thirty days of  the  effec-
    33  tive  date  of  this act shall be stayed for at least thirty days, or to
    34  such later date that the chief administrative judge shall  determine  is
    35  necessary  to  ensure that courts are prepared to conduct proceedings in
    36  compliance with this act and to give tenants an  opportunity  to  submit
    37  the  hardship  declaration  pursuant to this act. The court in each case
    38  shall promptly issue an order directing such stay and promptly mail  the
    39  respondent a copy of the hardship declaration.
    40    §  4. Prohibition on initiation of eviction proceeding. If there is no
    41  pending eviction proceeding and a tenant provides a hardship declaration
    42  to the landlord or an agent of the landlord, there shall  be  no  initi-
    43  ation of an eviction proceeding against the tenant until at least May 1,
    44  2021,  and in such event any specific time limit for the commencement of
    45  an eviction proceeding shall be tolled until May 1, 2021.
    46    § 5. Required affidavit. 1. No court shall accept for filing any peti-
    47  tion or complaint or other filing to  commence  an  eviction  proceeding
    48  unless  the  petitioner or an agent of the petitioner or plaintiff files
    49  an affidavit of service, attesting to the service of both  the  eviction
    50  papers  and an unexecuted copy of the hardship declaration, and accompa-
    51  nied by an affidavit by petitioner or plaintiff that:
    52    a. at the time of filing, neither the petitioner or the plaintiff  nor
    53  any  agent of the petitioner or plaintiff has received a hardship decla-
    54  ration from the respondent or defendant, or

        S. 2508--A                         106                        A. 3008--A

     1    b. the respondent or defendant has returned  a  hardship  declaration,
     2  but  the respondent or its licensees are persistently engaging in behav-
     3  ior that infringes on the use and enjoyment of other  tenants  or  occu-
     4  pants  or  causes a substantial safety hazard to others, with a specific
     5  description of the behavior alleged.
     6    2.  Upon  accepting  a  petition  or complaint the attorney, judge, or
     7  clerk of the court, as the case may be, shall determine whether  a  copy
     8  of  the hardship declaration is annexed to the served notice of petition
     9  or summons and complaint and, if not, shall  ensure  that  the  hardship
    10  declaration  is  attached  to  such  notice  or summons. At the earliest
    11  possible opportunity, the court shall seek confirmation on the record or
    12  in writing from the respondent  or  defendant  that  the  respondent  or
    13  defendant  has received the hardship declaration and that the respondent
    14  or defendant has not submitted a hardship declaration to the  petitioner
    15  or plaintiff, an agent of the petitioner or plaintiff, or the court.
    16    §  6.  Pending  proceedings.  In  any  eviction proceeding in which an
    17  eviction warrant or judgment of possession or  ejectment  has  not  been
    18  issued, including eviction proceedings filed on or before March 7, 2020,
    19  if  the  tenant  provides  a  hardship  declaration to the petitioner or
    20  plaintiff, the court, or an agent of the petitioner or  the  court,  the
    21  eviction  proceeding shall be stayed until at least May 1, 2021. If such
    22  hardship declaration is provided to the petitioner or plaintiff or their
    23  agent, such petitioner or plaintiff or their agent shall  promptly  file
    24  it with the court, advising the court in writing the index number of all
    25  relevant cases.
    26    § 7. Sections two, three, four, and six of this act shall not apply if
    27  the  tenant  or its licensees are persistently engaging in behavior that
    28  infringes on the use and enjoyment of  other  tenants  or  occupants  or
    29  causes a substantial health or safety hazard to others.
    30    § 8. Translation of hardship declaration. The office of court adminis-
    31  tration  shall translate the hardship declaration, as defined in section
    32  one of this act, into Spanish and the six most common languages  in  the
    33  city of New York, after Spanish, and shall post and maintain such trans-
    34  lations  and an English language copy of the hardship declaration on the
    35  website of such office beginning within fifteen days  of  the  effective
    36  date  of this act. To the extent practicable, the office of court admin-
    37  istration shall post and maintain on its website translations into  such
    38  additional languages as the chief administrative judge shall deem appro-
    39  priate  to  ensure  that  tenants  have an opportunity to understand and
    40  submit hardship declarations pursuant to this act.
    41    § 9. If any clause, sentence, paragraph, section, or part of this  act
    42  shall  be  adjudged by any court of competent jurisdiction to be invalid
    43  and after exhaustion of all further judicial review, the judgment  shall
    44  not  affect,  impair  or  invalidate the remainder thereof, but shall be
    45  confined in its operation to the clause, sentence, paragraph, section or
    46  part of this act directly involved in the controversy in which the judg-
    47  ment shall have been rendered.
    48    § 10. This act shall take effect immediately and  sections  one,  two,
    49  three, four, five, six, seven, and eight of this act shall expire May 1,
    50  2021.

    51                                  SUBPART B

    52    Section  1.  This  subpart  enacts  into law components of legislation
    53  relating to mortgage foreclosures.

        S. 2508--A                         107                        A. 3008--A

     1    § 2. Application. This act shall apply to any action  to  foreclose  a
     2  mortgage relating to a commercial or multi-family real property.
     3    (a) For purposes of this act, real property shall not include residen-
     4  tial  real  property  that is subject to the COVID-19 Emergency Eviction
     5  and Foreclosure Prevention Act of 2020.
     6    (b) For purposes of this act, real property shall not include property
     7  that has not been maintained or  has  not  been  actively  marketed  for
     8  rental  for a continuous period of six months before the submission of a
     9  hardship declaration pursuant to this action.
    10    (c) Notwithstanding anything to the contrary, this act shall not apply
    11  to and does not affect any mortgage loans made,  insured,  purchased  or
    12  securitized  by a corporate governmental agency of the state constituted
    13  as a political subdivision and public benefit corporation, or the rights
    14  and obligations of any lender, issuer,  servicer,  or  trustee  of  such
    15  obligations.
    16    § 3. Definitions. For the purposes of this act, "Hardship Declaration"
    17  means  the following statement, or a substantially similar statement, in
    18  the mortgagor's primary language, in 14-point  type,  published  by  the
    19  office  of  court administration, whether in physical or electronic form
    20  and signed under the penalty of perjury stating the following:
    21  "NOTICE TO MORTGAGOR: If you have lost income  or  had  increased  costs
    22  during  the  COVID-19 pandemic as described in this hardship declaration
    23  and you sign and deliver this  hardship  declaration  to  your  mortgage
    24  lender,  you  cannot be foreclosed on until at least May 1, 2021. You or
    25  your licensees may still be evicted for violating your lease by  persis-
    26  tently  engaging  in behavior that infringes on the use and enjoyment of
    27  other tenants or occupants or causes  a  substantial  safety  hazard  to
    28  others.
    29  If your mortgage lender or other foreclosing party has provided you with
    30  this  form,  they must also provide you with a mailing address and email
    31  address to which you can return this form. If your  mortgage  lender  or
    32  other  foreclosing  party  has  already started a foreclosure proceeding
    33  against you, you can return this form to either your mortgage lender  or
    34  the foreclosing party, the court, or both at any time. You should keep a
    35  copy  or  a  picture of the signed form for your records. You will still
    36  owe any unpaid mortgage payments and lawful fees  to  your  lender.  You
    37  should  also keep careful track of what you have paid and any amount you
    38  still owe.
    39  COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19  BUSINESS  RELATED  HARD-
    40  SHIP:    I  am  the  mortgagor of the property at (address of commercial
    41  business). I am experiencing financial hardship and I have not  received
    42  any  federal,  state,  or local aid for businesses financially harmed by
    43  COVID-19, and I am unable to pay my mortgage in full because of  one  or
    44  more of the following:

    45  ( )  One or more of my tenants have defaulted on a significant amount of
    46  rent payments since March 1, 2020, which may be required to be proved by
    47  documentation;
    48  ( ) My tenant's business was subject to seating, occupancy or on-premis-
    49  es presence limitations due to COVID-19 safety measures as  required  by
    50  New  York State Executive Orders and the business suffered a significant
    51  loss or income or increase in cost which has resulted in  the  reduction
    52  of  a  significant  amount of rent payments, which may be required to be
    53  proved by documentation;

        S. 2508--A                         108                        A. 3008--A

     1  ( ) I have suffered a significant reduction in revenue  or  increase  in
     2  cost  for  any  three-month  period during the COVID-19 coverage period,
     3  which may be required to be proved by documentation.
     4  I  attest that if my business was in receipt of federal, state, or local
     5  aid for businesses financially harmed by COVID-19, that such  amount  of
     6  ________  (fill in amount), was insufficient to cover my mortgage and my
     7  business still meets the criteria laid  out  above  and  I  qualify  for
     8  financial  hardship  under this section. I understand that I must comply
     9  with all the other lawful terms under my mortgage agreement.  I  further
    10  understand  that  lawful fees, penalties or interest for not having paid
    11  my mortgage in full as required by my mortgage agreement  may  still  be
    12  charged or collected and may result in a monetary judgment against me. I
    13  also  understand  that my mortgage lender or other foreclosing party may
    14  pursue a foreclosure action against me on or after May 1, 2021, if I  do
    15  not fully repay any missed or partial payments and lawful fees.

    16  Signed:
    17  Printed name:
    18  Date signed:

    19  NOTICE:  You  are signing and submitting this form under penalty of law.
    20  That means it is against the law to make a statement on this  form  that
    21  you know is false."
    22    §  4. Any action to foreclose a mortgage pending on the effective date
    23  of this act, including actions filed on or  before  March  7,  2020,  or
    24  commenced  within thirty days of the effective date of this act shall be
    25  stayed for at least thirty days, or to such later date  that  the  chief
    26  administrative  judge shall determine is necessary to ensure that courts
    27  are prepared to conduct proceedings in compliance with this act  and  to
    28  give mortgagors an opportunity to submit the hardship declaration pursu-
    29  ant  to  this  act. The court in each case shall promptly issue an order
    30  directing such stay and promptly mail the mortgagor a copy of the  hard-
    31  ship declaration.
    32    § 5. If a mortgagor provides a hardship declaration to the foreclosing
    33  party or an agent of the foreclosing party, there shall be no initiation
    34  of  an  action  to  foreclose  a mortgage against the mortgagor until at
    35  least May 1, 2021, and in such event any specific  time  limit  for  the
    36  commencement  of an action to foreclose a mortgage shall be tolled until
    37  May 1, 2021.
    38    § 6. No court shall accept for filing any action to foreclose a  mort-
    39  gage  unless  the foreclosing party or an agent of the foreclosing party
    40  files an affidavit, of service demonstrating the service of  a  copy  of
    41  the  summons  and  complaint or notice of petition, along with an unexe-
    42  cuted copy of the hardship declaration; and an affidavit  by  the  peti-
    43  tioner  attesting  that  at  the time of filing, neither the foreclosing
    44  party nor any agent of the foreclosing party  has  received  a  hardship
    45  declaration  from  the  mortgagor. At the earliest possible opportunity,
    46  the court shall seek confirmation on the record or in writing  that  the
    47  mortgagor  has  received a copy of the hardship declaration and that the
    48  mortgagor has not returned the hardship declaration to  the  foreclosing
    49  party  or  an  agent of the foreclosing party. If the court determines a
    50  mortgagor has not received a hardship declaration, then the court  shall
    51  stay  the  proceeding for a reasonable period of time, which shall be no
    52  less than ten business days or any longer period  provided  by  law,  to
    53  ensure the mortgagor received and fully considered whether to submit the
    54  hardship declaration.

        S. 2508--A                         109                        A. 3008--A

     1    § 7. In any action to foreclose a mortgage in which a judgment of sale
     2  has  been issued prior to the effective date of this act but has not yet
     3  been executed as of the effective date of this  act,  including  actions
     4  filed  on or before March 7, 2020, the court shall stay the execution of
     5  the  judgment at least until the court has held a status conference with
     6  the parties.  In any action to foreclose a mortgage,  if  the  mortgagor
     7  provides  a hardship declaration to the foreclosing party, the court, or
     8  an agent of the foreclosing party or the court, prior to  the  execution
     9  of  the  judgment,  the  execution shall be stayed until at least May 1,
    10  2021. If such hardship declaration is provided to the foreclosing  party
    11  or agent of the foreclosing party, such foreclosing party or agent shall
    12  promptly file it with the court, advising the court in writing the index
    13  number of all relevant cases.
    14    §  8. If any clause, sentence, paragraph, section, or part of this act
    15  shall be adjudged by any court of competent jurisdiction to  be  invalid
    16  and  after exhaustion of all further judicial review, the judgment shall
    17  not affect, impair or invalidate the remainder  thereof,  but  shall  be
    18  confined in its operation to the clause, sentence, paragraph, section or
    19  part of this act directly involved in the controversy in which the judg-
    20  ment shall have been rendered.
    21    §  9.  This  act  shall take effect immediately and sections one, two,
    22  three, four, five, six and seven of this act shall expire May 1, 2021.
    23    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    24  sion, section or part of this act shall be  adjudged  by  any  court  of
    25  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    26  impair, or invalidate the remainder thereof, but shall  be  confined  in
    27  its  operation  to the clause, sentence, paragraph, subdivision, section
    28  or part thereof directly involved in the controversy in which such judg-
    29  ment shall have been rendered. It is hereby declared to be the intent of
    30  the legislature that this act would  have  been  enacted  even  if  such
    31  invalid provisions had not been included herein.
    32    §  5.  This  act shall take effect immediately provided, however, that
    33  the applicable effective date of Subparts A through B of this act  shall
    34  be as specifically set forth in the last section of such Subparts.

    35                                   PART NN

    36    Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
    37  of 2015, appropriating money  for  certain  municipal  corporations  and
    38  school  districts,  as amended by section 1 of part AAA of chapter 59 of
    39  the laws of 2018, is amended to read as follows:
    40    Section 1. Contingent  upon  available  funding,  and  not  to  exceed
    41  [$69,000,000] $140,000,000 moneys from the urban development corporation
    42  shall be available for a local government entity, which for the purposes
    43  of  this  section  shall  mean  a  county,  city,  town, village, school
    44  district or special district, where (i) on or after June  25,  2015,  an
    45  electric generating facility located within such local government entity
    46  has  ceased operations, and (ii) the closing of such facility has caused
    47  a reduction in the real property tax collections or payments in lieu  of
    48  taxes of at least twenty percent owed by such electric generating facil-
    49  ity.  Such  moneys attributable to the cessation of operations, shall be
    50  paid annually on a first come, first served basis by the urban  develop-
    51  ment  corporation  to  such  local government entity within a reasonable
    52  time upon confirmation from  the  state  office  of  real  property  tax
    53  services  or  the  local  industrial  development  authority established
    54  pursuant to titles eleven and fifteen of article  eight  of  the  public

        S. 2508--A                         110                        A. 3008--A

     1  authorities  law, or the local industrial development agency established
     2  pursuant to article eighteen-A of the general municipal  law  that  such
     3  cessation  has  resulted  in  a  reduction  in  the  real  property  tax
     4  collections  or  payments  in lieu of taxes, provided, however, that the
     5  urban development corporation shall not provide assistance to such local
     6  government entity for more than seven years, and  shall  award  payments
     7  reflecting  the  loss  of revenues due to the cessation of operations as
     8  follows:

     9          Award Year                Maximum Potential Award
    10              1           no more than eighty percent of loss of revenues
    11              2           no more than seventy percent of loss of revenues
    12              3           no more than sixty percent of loss of revenues
    13              4           no more than fifty percent of loss of revenues
    14              5           no more than forty percent of loss of revenues
    15              6           no more than thirty percent of loss of revenues
    16              7           no more than twenty percent of loss of revenues

    17    A local government entity shall be eligible for only  one  payment  of
    18  funds hereunder per year.  A local government entity may seek assistance
    19  under  the electric generation facility cessation mitigation fund once a
    20  generator has submitted its notice to the federally designated  electric
    21  bulk  system  operator (BSO) serving the state of New York of its intent
    22  to retire the facility or of its intent to voluntarily remove the facil-
    23  ity from service subject to  any  return-to-service  provisions  of  any
    24  tariff,  and  that the facility also is ineligible to participate in the
    25  markets operated by the BSO. The date of submission of a  local  govern-
    26  ment  entity's  application  for assistance shall establish the order in
    27  which assistance is paid to program applicants, except that in no  event
    28  shall  assistance  be  paid to a local government entity until such time
    29  that an electric generating facility has retired or become ineligible to
    30  participate in the markets operated by the BSO.  For  purposes  of  this
    31  section,  any local government entity seeking assistance under the elec-
    32  tric generation facility cessation mitigation fund must submit an attes-
    33  tation to the department of public service that a facility is no  longer
    34  producing electricity and is no longer participating in markets operated
    35  by  the BSO. After receipt of such attestation, the department of public
    36  service shall confirm such information with the BSO. In  the  case  that
    37  the  BSO  confirms to the department of public service that the facility
    38  is no longer producing electricity and participating in markets operated
    39  by such BSO, it shall be deemed that the  electric  generating  facility
    40  located  within  the  local  government entity has ceased operation. The
    41  department of public service shall  provide  such  confirmation  to  the
    42  urban  development  corporation  upon  receipt. The determination of the
    43  amount of such annual payment shall be determined by  the  president  of
    44  the  urban  development corporation based on the amount of the differen-
    45  tial between the annual real property taxes  and  payments  in  lieu  of
    46  taxes  imposed  upon  the facility, exclusive of interest and penalties,
    47  during the last year of operations and the current real  property  taxes
    48  and  payments  in  lieu of taxes imposed upon the facility, exclusive of
    49  interest and penalties. The total amount awarded from this program shall
    50  not exceed [$69,000,000] $140,000,000.
    51    § 2. This act shall take effect immediately; provided,  however,  that
    52  the  amendments to section 1 of subpart H of part C of chapter 20 of the
    53  laws of 2015 made by section one of this act shall not affect the repeal
    54  of such subpart and shall be deemed repealed therewith.

        S. 2508--A                         111                        A. 3008--A

     1                                   PART OO

     2    Section  1. Section 5 of chapter 108 of the laws of 2020, amending the
     3  public service law relating to issuing a moratorium  on  utility  termi-
     4  nation  of services during periods of pandemics and/or state of emergen-
     5  cies, as amended by section 2 of part B of chapter 126 of  the  laws  of
     6  2020, is amended to read as follows:
     7    §  5.  This  act shall take effect immediately [and shall expire March
     8  31, 2021 when upon such date the provisions of this act shall be  deemed
     9  repealed].
    10    §  2.  Subdivisions  6, 7, 8 and 9 of section 32 of the public service
    11  law, subdivision 6 as amended and subdivisions 7, 8 and 9  as  added  by
    12  chapter 108 of the laws of 2020, are amended to read as follows:
    13    6.  No  utility corporation or municipality shall terminate or discon-
    14  nect services to any residential customer or a small  business  customer
    15  with  twenty-five  or  fewer  employees that is not a (i)  publicly held
    16  company, or a subsidiary thereof, (ii) seasonal, short-term,  or  tempo-
    17  rary customer, (iii)  high energy customer as defined by the commission,
    18  or  (iv)  customer that the utility can demonstrate has the resources to
    19  pay the bill, provided that the  utility  notifies  the  small  business
    20  customer  of  its  reasons  and  of the customer's right to contest this
    21  determination through the commission's  complaint  procedures,  for  the
    22  non-payment  of  an  overdue  charge  for  the duration of [the] a state
    23  disaster emergency declared pursuant  to  section  twenty-eight  of  the
    24  executive  [order  two  hundred two of two thousand twenty (herein after
    25  "the COVID-19 state of emergency")] law issued in response to  a  state,
    26  national,  or global event that is deemed to have a significant negative
    27  and long-term impact on the state's economic future, and not  due  to  a
    28  short-term weather-related disaster emergency.
    29    Utility  corporations  and municipalities shall have a duty to restore
    30  service, to the extent not already required under this chapter,  to  any
    31  residential  customer  within forty-eight hours if such service has been
    32  terminated for non-payment during the pendency of the  [COVID-19]  state
    33  [of] disaster emergency.
    34    7.  [For  a period of one hundred eighty days after the COVID-19 state
    35  of emergency is lifted or expires, no] No utility corporation or munici-
    36  pality shall terminate or disconnect the service  of  a  residential  or
    37  small business customer because of defaulted deferred payment agreements
    38  or  arrears  owed  to  the utility corporation or municipality when such
    39  customer has experienced a change in financial circumstances as  defined
    40  by  the  department due to [the COVID-19] a state [of] disaster emergen-
    41  cy[, as defined by the department] as set forth in  subdivision  six  of
    42  this section. The utility corporation or municipality shall provide such
    43  residential  or small business customer with the right to enter into, or
    44  restructure, a deferred payment agreement without the requirement  of  a
    45  down  payment,  late fees, or penalties, as such is provided for in this
    46  article with such prohibition on down payments, late fees, or  penalties
    47  applicable  to  all  arrears  incurred  during the duration of the state
    48  disaster emergency.
    49    8. Every utility corporation or municipality shall provide  notice  to
    50  residential  and  small  business customers, in a writing to be included
    51  with a bill statement or, when appropriate, via electronic  transmission
    52  the provisions of this section and shall further make reasonable efforts
    53  to contact customers who have demonstrated a change in financial circum-
    54  stances  due  to  [the  COVID-19] a state [of] disaster emergency as set
    55  forth in subdivision six of this section for  the  purpose  of  offering

        S. 2508--A                         112                        A. 3008--A

     1  such   customers  a  deferred  payment  agreement  consistent  with  the
     2  provisions of this article.
     3    9. Implementation of the provisions of this section shall not prohibit
     4  a  utility  or  municipality  from  recovering lost or deferred revenues
     5  after the lifting or expiration of [the COVID-19] a state [of]  disaster
     6  emergency  as  set forth in subdivision six of this section, pursuant to
     7  such means for recovery as are provided for  in  this  chapter,  and  by
     8  means not inconsistent with any of the provisions of this article. Noth-
     9  ing in this section shall prohibit a utility corporation or municipality
    10  from disconnecting service necessary to protect the health and safety of
    11  customers and the public.
    12    §  3.  Subdivision 6 of section 32 of the public service law, as added
    13  by chapter 686 of the laws of 2002, is REPEALED.
    14    § 4. Subdivisions 9, 10 and 11 of section 89-b of the  public  service
    15  law, as added by chapter 108 of the laws of 2020, are amended to read as
    16  follows:
    17    9.  [For  a period of one hundred eighty days after the COVID-19 state
    18  of emergency is lifted or expires, no] No water-works corporation  shall
    19  terminate or disconnect the service of a residential customer account or
    20  the  account  of  a  small  business  customer with twenty-five or fewer
    21  employees that is not a (i) publicly held company, or a subsidiary ther-
    22  eof, (ii) seasonal, short-term, or temporary customer, (iii) high  usage
    23  customer as defined by the commission, or (iv) customer that the utility
    24  can  demonstrate  has  the  resources to pay the bill, provided that the
    25  utility notifies the small business customer of its reasons and  of  the
    26  customer's  right to contest this determination through the commission's
    27  complaint procedures, because of defaulted deferred  payment  agreements
    28  or  arrears  owed  to the water-works corporation when such customer has
    29  experienced a change in  financial  circumstances,  as  defined  by  the
    30  department,  due  to [the COVID-19] a state [of] disaster emergency[, as
    31  defined by the department] declared pursuant to section twenty-eight  of
    32  the  executive  law  issued  in response to a state, national, or global
    33  event that is deemed to result in a significant negative  and  long-term
    34  impact  on  the  state's  economic  future,  and not due to a short-term
    35  weather-related disaster emergency.  The water-works  corporation  shall
    36  provide  such  residential  or small business customer with the right to
    37  enter into, or restructure, a deferred  payment  agreement  without  the
    38  requirement  of  a  down  payment,  late  fees, or penalties, as such is
    39  provided for in article two of this chapter  with  such  prohibition  on
    40  down  payments,  late  fees,  or  penalties  applicable  to  all arrears
    41  incurred during the duration of the state disaster emergency.
    42    10. Every water-works corporation  or  small  business  shall  provide
    43  notice to residential customers, in a writing to be included with a bill
    44  statement   or,  when  appropriate,  via  electronic  transmission,  the
    45  provisions of this section and shall further make reasonable efforts  to
    46  contact  customers  who  have demonstrated a change in financial circum-
    47  stances due to [the COVID-19] a state [of]  disaster  emergency  as  set
    48  forth  in  subdivision  nine of this section for the purpose of offering
    49  such  customers  a  deferred  payment  agreement  consistent  with   the
    50  provisions of this section and article two of this chapter.
    51    11. Implementation of the provisions of this section shall not prohib-
    52  it  a  water-works corporation from recovering lost or deferred revenues
    53  after the lifting or expiration of the [COVID-19]  state  [of]  disaster
    54  emergency  as set forth in subdivision nine of this section, pursuant to
    55  such means for recovery as are provided for  in  this  chapter,  and  by
    56  means not inconsistent with any of the provisions of this article. Noth-

        S. 2508--A                         113                        A. 3008--A

     1  ing  in  this  section  shall  prohibit  a  water-works corporation from
     2  disconnecting service when it is necessary to  protect  the  health  and
     3  safety of customers and the public.
     4    §  5.  Section 89-l of the public service law, as added by chapter 715
     5  of the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter  108
     6  of the laws of 2020, is amended to read as follows:
     7    § 89-l. Municipal  water systems. 1. For the purposes of this section,
     8  and for the purposes of any jurisdiction conferred by it upon the public
     9  service commission, a municipality is one which owns, maintains or oper-
    10  ates, or proposes to own, maintain or operate, a water system, or  which
    11  sells,  furnishes  or  distributes,  or  proposes  to  sell,  furnish or
    12  distribute, water for  domestic,  commercial  or  public  uses,  whether
    13  provided by its own system or the system of a water-works corporation or
    14  another  municipality.  As  so  limited, the term "municipality" for the
    15  purposes of  this  section,  means  a  city,  town,  village  or  public
    16  district;  and a "public district," as here used, is a district or other
    17  territorial division, whether incorporated or  not,  whose  affairs  are
    18  managed by any officer or officers, person or persons, elected by voters
    19  or taxpayers or appointed by a public officer or officers, and includes,
    20  without  excluding others, a water district, water supply district and a
    21  fire district. The other provisions of this chapter shall not  apply  to
    22  such  a municipality, nor to its said business of owning, maintaining or
    23  operating a water system  or  of  selling,  furnishing  or  distributing
    24  water,  except such provisions as are applied by this section by express
    25  reference. The jurisdiction  of  the  public  service  commission,  with
    26  respect  to  such a municipality or its said business, is that, and only
    27  that, provided for in this section.
    28    2. Each such municipality shall file with the public  service  commis-
    29  sion  a  copy of the annual report of its division, bureau or department
    30  of water.
    31    3. No municipality shall terminate or discontinue residential  service
    32  or  service to a small business with twenty-five or fewer employees that
    33  is not a (i) publicly  held  company,  or  a  subsidiary  thereof,  (ii)
    34  seasonal,  short-term,  or temporary customer, (iii) high usage customer
    35  as defined by the commission, or (iv)  customer  that  the  utility  can
    36  demonstrate has the resources to pay the bill, provided that the utility
    37  notifies  the  small business customer of its reasons and of the custom-
    38  er's right  to  contest  this  determination  through  the  commission's
    39  complaint  procedures,  for  the nonpayment of bills, taxes, or fees for
    40  the duration of [the] a state disaster emergency  declared  pursuant  to
    41  [executive order two hundred two of two thousand twenty (hereinafter the
    42  "COVID-19  state  of  emergency")] section twenty-eight of the executive
    43  law in response to a state, national, or global event that is deemed  to
    44  result  in  a  significant  negative and long-term impact on the state's
    45  economic future, and not due to a  short-term  weather-related  disaster
    46  emergency.    Every municipality shall have a duty to restore service to
    47  any residential customer within forty-eight hours of the effective  date
    48  of  this subdivision if such service has been terminated for non-payment
    49  during the pendency of [the COVID-19] a state [of] disaster emergency.
    50    4. [For a period of one hundred eighty days after the  COVID-19  state
    51  of  emergency  is lifted or expires, no] No municipality shall terminate
    52  or discontinue the service of a residential or small  business  customer
    53  because  of  bill  arrears, taxes, or fees owed to the municipality when
    54  such customer has experienced a change in  financial  circumstances,  as
    55  defined  by  the department, due to [the COVID-19] a state [of] disaster
    56  emergency[, as defined by the department] as set  forth  in  subdivision

        S. 2508--A                         114                        A. 3008--A

     1  three  of this section.  The municipality shall provide a residential or
     2  small business service customer that has experienced a change in  finan-
     3  cial  circumstances  due to the [COVID-19] state [of] disaster emergency
     4  with  the right to enter into, or restructure, a deferred payment agree-
     5  ment without the requirement of a down payment, late fees, or penalties,
     6  as such is provided for in article two of this chapter, with such prohi-
     7  bition on down payments, late  fees,  or  penalties  applicable  to  all
     8  arrears incurred during the duration of the state disaster emergency.
     9    5.  Every  municipality  shall provide notice to residential and small
    10  business customers in a writing to be included with a bill statement or,
    11  when appropriate, via electronic transmission  the  provisions  of  this
    12  section  and  shall further make reasonable efforts to contact customers
    13  who have demonstrated a change in financial  circumstances  due  to  the
    14  [COVID-19]  state  [of]  disaster  emergency as set forth in subdivision
    15  three of this section for the  purpose  of  offering  such  customers  a
    16  deferred  payment  agreement  consistent  with  the  provisions  of this
    17  section and article two of this chapter.
    18    6. Implementation of the provisions of this section shall not prohibit
    19  a municipality from recovering lost or deferred revenues after the lift-
    20  ing or expiry  of  [the  COVID-19]  a  state  [of]  disaster  emergency,
    21  provided  that  such  means  are not inconsistent with the provisions of
    22  this article. Nothing in this section shall prohibit a municipality from
    23  disconnecting service when it is necessary to  protect  the  health  and
    24  safety of customers and the public.
    25    7.  Notwithstanding the provisions of subdivision one of this section,
    26  for the purposes of subdivisions three,  four,  five  and  six  of  this
    27  section,  a  "municipality"  shall also include a public water authority
    28  established pursuant to article five  of  the  public  authorities  law.
    29  Every  municipality  shall be subject to the jurisdiction of the commis-
    30  sion for the purposes of enforcing the provisions of subdivisions three,
    31  four, five and six of this section  pursuant  to  sections  twenty-four,
    32  twenty-five and twenty-six of this chapter.
    33    § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service
    34  law,  subdivisions  9,  10  and  12 as amended by section 1 of part B of
    35  chapter 126 of the laws of 2020, subdivision 11 as added by chapter  108
    36  of the laws of 2020, are amended to read as follows:
    37    9. No telephone corporation shall terminate or disconnect any services
    38  provided  by  its  infrastructure to a residential service customer or a
    39  small business customer with twenty-five or fewer employees that is  not
    40  a  (i)    publicly held company, or a subsidiary thereof, (ii) seasonal,
    41  short-term, or temporary customer, (iii)  high usage customer as defined
    42  by the commission, or (iv)  customer that the  utility  can  demonstrate
    43  has  the  resources  to pay the bill, provided that the utility notifies
    44  the small business customer of its reasons and of the  customer's  right
    45  to  contest this determination through the commission's complaint proce-
    46  dures, for the non-payment of an overdue  charge  for  the  duration  of
    47  [the]  a  state  disaster emergency declared pursuant to section twenty-
    48  eight of the executive [order two hundred two  of  two  thousand  twenty
    49  (hereinafter  "the  COVID-19  state of emergency")] law in response to a
    50  state, national or global event that is deemed to result  in  a  signif-
    51  icant  negative and long-term impact on the state's economic future, and
    52  not due to a short-term weather-related disaster emergency.    Telephone
    53  corporations  shall  have  a  duty to restore service, to the extent not
    54  already required under this chapter, at the request of  any  residential
    55  or  small business customer within forty-eight hours if such service has
    56  been terminated during the pendency of the [COVID-19] state [of]  disas-

        S. 2508--A                         115                        A. 3008--A

     1  ter  emergency  and disconnection of such service was due to non-payment
     2  of an overdue charge.
     3    10.  [For a period of one hundred eighty days after the COVID-19 state
     4  of emergency is lifted or expires, no] No  telephone  corporation  shall
     5  terminate  or  disconnect  [the  service]  any  services provided by its
     6  infrastructure of a  residential  or  small  business  customer  account
     7  because of defaulted deferred payment agreements or arrears then owed to
     8  the telephone corporation when such customer has experienced a change in
     9  financial  circumstances  as  defined  by  the  department,  due to [the
    10  COVID-19] a state [of] disaster emergency[, as defined  by  the  depart-
    11  ment]  as  set forth in subdivision nine of this section.  The telephone
    12  corporation shall provide such residential or  small  business  customer
    13  with  the right to enter into, or restructure, a deferred payment agree-
    14  ment without the requirement of a down payment, late fees, or penalties,
    15  with such prohibition on down payments, late fees, or penalties applica-
    16  ble to all arrears incurred during the duration of  the  state  disaster
    17  emergency.
    18    11.  Every  telephone  corporation shall provide notice to residential
    19  customers, and to those small business customers set forth  in  subdivi-
    20  sion  nine  of  this  section,  in  a writing to be included with a bill
    21  statement  or,  when  appropriate,  via  electronic   transmission   the
    22  provisions  of this section and shall further make reasonable efforts to
    23  contact customers who have demonstrated a change  in  financial  circum-
    24  stances  due  to  [the  COVID-19] a state [of] disaster emergency as set
    25  forth in subdivision nine of this section for the  purpose  of  offering
    26  such   customers  a  deferred  payment  agreement  consistent  with  the
    27  provisions of this section and article two of this chapter.
    28    12. Implementation of the provisions of this section shall not prohib-
    29  it a telephone corporation from recovering  lost  or  deferred  revenues
    30  after  the lifting or expiration of [the COVID-19] a state [of] disaster
    31  emergency as set forth in subdivision nine of this section, pursuant  to
    32  such  means  for  recovery  as  are provided for in this chapter, and by
    33  means not inconsistent with any of the provisions of this article. Noth-
    34  ing in this section shall prohibit a telephone corporation from  discon-
    35  necting  service  at the request of a customer.  Nothing in this section
    36  shall prohibit a telephone corporation from disconnecting  service  when
    37  it  is  necessary  to protect the health and safety of customers and the
    38  public.
    39    § 7. Section 216 of the public service law is amended by  adding  five
    40  new subdivisions 6, 7, 8, 9 and 10 to read as follows:
    41    6.  No cable television company shall terminate or disconnect services
    42  provided over their infrastructure to a residential service customer  or
    43  a  small  business  customer with twenty-five or fewer employees that is
    44  not a (i) publicly held company, or a subsidiary thereof, (ii) seasonal,
    45  short-term, or temporary customer, or  (iii)  customer  that  the  cable
    46  television  company  can  demonstrate has the resources to pay the bill,
    47  provided that the cable television company notifies the  small  business
    48  customer  of  its  reasons  and  of the customer's right to contest this
    49  determination through the commission's  complaint  procedures,  for  the
    50  non-payment  of  an  overdue charge for the duration of a state disaster
    51  emergency declared pursuant to an executive order issued in response  to
    52  a state, national, or global event that is deemed to result in a signif-
    53  icant  negative and long-term impact on the state's economic future, and
    54  not due to a short-term weather-related disaster emergency. Cable  tele-
    55  vision companies shall have a duty to restore service, to the extent not
    56  already  required  under this chapter, at the request of any residential

        S. 2508--A                         116                        A. 3008--A

     1  or small business customer within forty-eight hours if such service  has
     2  been  terminated during the pendency of the state disaster emergency and
     3  disconnection of such service was  due  to  non-payment  of  an  overdue
     4  charge.
     5    7.  No cable television company shall terminate or disconnect services
     6  provided over their infrastructure of a residential  or  small  business
     7  customer  account  because  of  defaulted deferred payment agreements or
     8  arrears then owed to the cable television company when such customer has
     9  experienced a change in  financial  circumstances,  as  defined  by  the
    10  department,  due  to a state disaster emergency as set forth in subdivi-
    11  sion six of this section. The cable  television  company  shall  provide
    12  such  residential  or  small  business  customer with the right to enter
    13  into, or restructure, a deferred payment agreement without the  require-
    14  ment  of  a down payment, late fees, or penalties, with such prohibition
    15  on down payments, late fees, or  penalties  applicable  to  all  arrears
    16  incurred during the duration of the state disaster emergency.
    17    8.  Every cable television company shall provide notice to residential
    18  or small business customers in a writing to  be  included  with  a  bill
    19  statement   or,   when  appropriate,  via  electronic  transmission  the
    20  provisions of this section and shall further make reasonable efforts  to
    21  contact  customers  who  have demonstrated a change in financial circum-
    22  stances due to a state disaster emergency as set  forth  in  subdivision
    23  six  of  this  section  for  the  purpose  of  offering such customers a
    24  deferred payment  agreement  consistent  with  the  provisions  of  this
    25  section and article two of this chapter.
    26    9. Implementation of the provisions of this section shall not prohibit
    27  a  cable  television  company  from recovering lost or deferred revenues
    28  after the lifting or expiration of a state  disaster  emergency  as  set
    29  forth  in  subdivision  six  of this section, pursuant to such means for
    30  recovery as are provided for in this chapter, and by  means  not  incon-
    31  sistent  with  any  of  the  provisions of this article. Nothing in this
    32  section shall prohibit a cable  television  company  from  disconnecting
    33  service  at  the  request  of  a customer. Nothing in this section shall
    34  prohibit a cable television company from disconnecting service  when  it
    35  is  necessary  to  protect  the  health  and safety of customers and the
    36  public.
    37    10. Every cable television company shall be subject to  the  jurisdic-
    38  tion  of  the commission for the purposes of enforcing the provisions of
    39  subdivisions six, seven, eight and nine  of  this  section  pursuant  to
    40  sections  twenty-four,  twenty-five  and twenty-six of this chapter, and
    41  any other applicable provision of this chapter.
    42    § 8. Subdivision 1 of section 1020-s of the public authorities law, as
    43  amended by chapter 415 of the laws  of  2017,  is  amended  to  read  as
    44  follows:
    45    1.  The  rates,  services  and  practices  relating to the electricity
    46  generated by facilities owned or operated by the authority shall not  be
    47  subject to the provisions of the public service law or to regulation by,
    48  or  the  jurisdiction  of,  the public service commission, except to the
    49  extent (a) article seven of the public service law applies to the siting
    50  and operation of a major utility transmission facility as defined there-
    51  in, (b) article ten of such law applies to the siting  of  a  generating
    52  facility as defined therein, (c) section eighteen-a of such law provides
    53  for  assessment  for  certain  costs, property or operations, (d) to the
    54  extent that the department of public service reviews and makes recommen-
    55  dations with respect to the operations and provision of services of, and
    56  rates and budgets established by,  the  authority  pursuant  to  section

        S. 2508--A                         117                        A. 3008--A

     1  three-b  of  such law, [and] (e) that section seventy-four of the public
     2  service law applies to  qualified  energy  storage  systems  within  the
     3  authority's  jurisdiction,  and (f) subdivisions six, seven, eight, nine
     4  and ten of section thirty-two of the public service law.
     5    §  9. The general business law is amended by adding a new section 399-
     6  zzzzz, to read as follows:
     7    § 399-zzzzz. Prohibition of certain broadband terminations or  discon-
     8  nections.  1.  For  the  purposes  of  this section, the term "broadband
     9  service" shall mean a mass-market retail service that provides the capa-
    10  bility to transmit data to and receive data from  all  or  substantially
    11  all  internet  endpoints, including any capabilities that are incidental
    12  to and enable the operation of the  communications  service,  and  shall
    13  include  service provided by commercial mobile telephone service provid-
    14  ers, but shall not include dial-up service.
    15    2. No person, business, corporation,  or  their  agents  providing  or
    16  seeking  to  provide broadband service in New York state shall terminate
    17  or disconnect services provided over their infrastructure to a  residen-
    18  tial  service  customer or a small business customer with twenty-five or
    19  fewer employees that is not a (i) publicly held company, or a subsidiary
    20  thereof, (ii) seasonal, short-term,  or  temporary  customer,  or  (iii)
    21  customer  that  the  broadband  service provider can demonstrate has the
    22  resources to pay the bill, provided that the broadband service  provider
    23  notifies  the  small business customer of its reasons and of the custom-
    24  er's right  to  contest  this  determination  through  the  commission's
    25  complaint  procedures,  for the non-payment of an overdue charge for the
    26  duration of a state disaster  emergency  declared  pursuant  to  section
    27  twenty-eight  of  the executive law in response to a state, national, or
    28  global event that is deemed to result  in  a  significant  negative  and
    29  long-term impact on the state's economic future, and not due to a short-
    30  term weather-related disaster emergency.  Such persons or entities shall
    31  have  a  duty to restore service, to the extent not already required, at
    32  the request of any residential or small business customer within  forty-
    33  eight  hours  if such service has been terminated during the pendency of
    34  the state disaster emergency and disconnection of such service  was  due
    35  to non-payment of an overdue charge.
    36    3.  No  person,  business,  corporation,  or their agents providing or
    37  seeking to provide broadband service in New York state  shall  terminate
    38  or  disconnect services provided over their infrastructure to a residen-
    39  tial or small business customer account because  of  defaulted  deferred
    40  payment agreements or arrears then owed to such persons or entities when
    41  such customer has experienced a change in financial circumstances due to
    42  a  state  disaster  emergency  as  set  forth in subdivision two of this
    43  section. The person, business, corporation, or their agents providing or
    44  seeking to provide broadband service in New  York  state  shall  provide
    45  such  residential  or  small  business  customer with the right to enter
    46  into, or restructure, a deferred payment agreement consistent  with  the
    47  provisions of article two of the public service law without the require-
    48  ment  of  a down payment, late fees, or penalties, with such prohibition
    49  on down payments, late fees, or  penalties  applicable  to  all  arrears
    50  incurred during the duration of the state disaster emergency.
    51    4.  Every  person, business, corporation, or their agents providing or
    52  seeking to provide broadband service in New  York  state  shall  provide
    53  notice  to  residential  or  small business customers in a writing to be
    54  included with a bill statement  or,  when  appropriate,  via  electronic
    55  transmission  the  provisions  of  this  section  and shall further make
    56  reasonable efforts to contact customers who have demonstrated  a  change

        S. 2508--A                         118                        A. 3008--A

     1  in  financial  circumstances  due  to  a state disaster emergency as set
     2  forth in subdivision two of this section for  the  purpose  of  offering
     3  such   customers  a  deferred  payment  agreement  consistent  with  the
     4  provisions of article two of the public service law.
     5    5. Implementation of the provisions of this section shall not prohibit
     6  a person, business, corporation, or their agents providing or seeking to
     7  provide  broadband  service  in  New  York state from recovering lost or
     8  deferred revenues after the lifting or expiration of  a  state  disaster
     9  emergency  as  set forth in subdivision two of this section, pursuant to
    10  such means for recovery by  means  not  inconsistent  with  any  of  the
    11  provisions  of  this  section.  Nothing in this section shall prohibit a
    12  person, business, corporation, or their agents providing or  seeking  to
    13  provide  broadband  service in New York state from disconnecting service
    14  at the request of a customer. Nothing in this section shall  prohibit  a
    15  person,  business,  corporation, or their agents providing or seeking to
    16  provide broadband service in New York state from  disconnecting  service
    17  when  it  is necessary to protect the health and safety of customers and
    18  the public.
    19    6. Whenever there shall be a violation of this section, an application
    20  may be made by the attorney general in the name of  the  people  of  the
    21  state of New York to a court or justice having jurisdiction by a special
    22  proceeding  to  issue an injunction, and upon notice to the defendant of
    23  not less than five days, to enjoin and restrain the continuance of  such
    24  violation;  and  if  it shall appear to the satisfaction of the court or
    25  justice that the defendant has,  in  fact,  violated  this  section,  an
    26  injunction  may  be  issued  by  the  court  or  justice,  enjoining and
    27  restraining any further violations, without  requiring  proof  that  any
    28  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    29  proceeding, the court may make allowances to  the  attorney  general  as
    30  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    31  hundred three of the civil practice law and rules, and  direct  restitu-
    32  tion.  Whenever  the  court  shall  determine  that  a violation of this
    33  section has occurred, the court may impose a civil penalty of  not  more
    34  than  one  thousand  dollars  per violation. In connection with any such
    35  proposed application, the attorney general is authorized to  take  proof
    36  and make a determination of the relevant facts and to issue subpoenas in
    37  accordance with the civil practice law and rules.
    38    §  10. This act shall take effect immediately; provided, however, that
    39  this act shall be applicable to relevant executive orders issued  on  or
    40  after the effective date of this act.

    41                                   PART PP

    42    Section  1.  The  general  obligations  law is amended by adding a new
    43  article 18-C to read as follows:
    44                                ARTICLE 18-C
    45                            LIBOR DISCONTINUANCE
    46  Section 18-400. Definitions.
    47          18-401. Effect of LIBOR discontinuance on agreements.
    48          18-402. Continuity of contract and safe harbor.
    49          18-403. Severability.
    50    § 18-400. Definitions. As used in this  article  the  following  terms
    51  shall have the following meanings:
    52    1. "LIBOR" shall mean, for purposes of the application of this article
    53  to  any  particular  contract, security or instrument, U.S. dollar LIBOR
    54  (formerly known as the London interbank offered rate) as administered by

        S. 2508--A                         119                        A. 3008--A

     1  ICE Benchmark Administration Limited (or any  predecessor  or  successor
     2  thereof),  or  any  tenor thereof, as applicable, that is used in making
     3  any calculation or determination thereunder.
     4    2.  "LIBOR  discontinuance  event" shall mean the earliest to occur of
     5  any of the following:
     6    a. a public statement or publication of information by or on behalf of
     7  the administrator of LIBOR announcing that such administrator has ceased
     8  or will cease to provide LIBOR, permanently  or  indefinitely,  provided
     9  that, at the time of the statement or publication, there is no successor
    10  administrator that will continue to provide LIBOR;
    11    b.  a public statement or publication of information by the regulatory
    12  supervisor for the administrator of LIBOR,  the  United  States  Federal
    13  Reserve System, an insolvency official with jurisdiction over the admin-
    14  istrator  for  LIBOR,  a resolution authority with jurisdiction over the
    15  administrator for LIBOR or a court or an entity with similar  insolvency
    16  or  resolution  authority over the administrator for LIBOR, which states
    17  that the administrator of LIBOR has ceased  or  will  cease  to  provide
    18  LIBOR  permanently  or  indefinitely,  provided that, at the time of the
    19  statement or publication, there is no successor administrator that  will
    20  continue to provide LIBOR; or 
    21    c.  a public statement or publication of information by the regulatory
    22  supervisor for the administrator of LIBOR announcing that  LIBOR  is  no
    23  longer  representative.   For purposes of this subdivision two, a public
    24  statement or publication of information that affects  one or more tenors
    25  of LIBOR shall not constitute a LIBOR discontinuance event with  respect
    26  to   any contract, security or instrument that (i) provides for only one
    27  tenor of LIBOR,  if  such  contract,  security  or  instrument  requires
    28  interpolation  and such tenor can be interpolated from LIBOR tenors that
    29  are not so affected, or (ii) permits a party to choose  from  more  than
    30  one  tenor of LIBOR and any of such tenors (A) is not so affected or (B)
    31  if such contract, security or instrument requires interpolation, can  be
    32  interpolated from LIBOR tenors that are not so affected.
    33    3. "LIBOR replacement date" shall mean:
    34    a.  in the case of a LIBOR discontinuance event described in paragraph
    35  a or b of subdivision two of this section, the later of (i) the date  of
    36  the  public  statement or publication of information referenced therein;
    37  and (ii) the date on which the administrator  of  LIBOR  permanently  or
    38  indefinitely ceases to provide LIBOR; and
    39    b.  in the case of a LIBOR discontinuance event described in paragraph
    40  c of subdivision two of this section, the date of the  public  statement
    41  or  publication of information referenced therein.  For purposes of this
    42  subdivision three, a date that affects one or more tenors of LIBOR shall
    43  not constitute a LIBOR replacement date with respect  to  any  contract,
    44  security or instrument that (i) provides for only one tenor of LIBOR, if
    45  such  contract,  security  or instrument requires interpolation and such
    46  tenor can be interpolated from LIBOR tenors that are not so affected, or
    47  (ii) permits a party to choose from more than one tenor of LIBOR and any
    48  of such tenors (A) is not so affected or (B) if such contract,  security
    49  or  instrument  requires  interpolation,  can be interpolated from LIBOR
    50  tenors that are not so affected.
    51    4. "Fallback provisions" shall mean terms in a contract,  security  or
    52  instrument  that  set forth a methodology or procedure for determining a
    53  benchmark replacement, including any terms relating to the date on which
    54  the benchmark replacement becomes effective, without regard to whether a
    55  benchmark replacement can be determined in accordance with such  method-
    56  ology or procedure.

        S. 2508--A                         120                        A. 3008--A

     1    5. "Benchmark" shall mean an index of interest rates or dividend rates
     2  that is used, in whole or in part, as the basis of or as a reference for
     3  calculating  or  determining any valuation, payment or other measurement
     4  under or in respect of a contract, security or instrument.
     5    6. "Benchmark replacement" shall mean a benchmark, or an interest rate
     6  or dividend rate (which may or may not be based in whole or in part on a
     7  prior  setting of LIBOR), to replace LIBOR or any interest rate or divi-
     8  dend rate based on LIBOR, whether on a temporary, permanent  or  indefi-
     9  nite basis, under or in respect of a contract, security or instrument.
    10    7. "Recommended benchmark replacement" shall mean, with respect to any
    11  particular  type  of  contract,  security  or  instrument,  a  benchmark
    12  replacement based on SOFR, which shall include  any  recommended  spread
    13  adjustment  and any benchmark replacement conforming changes, that shall
    14  have been selected or recommended by a relevant recommending  body  with
    15  respect to such type of contract, security or instrument.
    16    8.  "Recommended spread adjustment" shall mean a spread adjustment, or
    17  method for calculating or determining such spread adjustment, (which may
    18  be a positive or negative value or zero) that shall have  been  selected
    19  or  recommended by a relevant recommending body for a recommended bench-
    20  mark replacement for a particular type of contract, security or  instru-
    21  ment and for a particular term to account for the effects of the transi-
    22  tion or change from LIBOR to a recommended benchmark replacement.
    23    9. "Benchmark replacement conforming changes" shall mean, with respect
    24  to any type of contract, security or instrument, any technical, adminis-
    25  trative  or  operational  changes, alterations or modifications that are
    26  associated with and reasonably necessary to the  use,  adoption,  calcu-
    27  lation  or  implementation  of  a  recommended benchmark replacement and
    28  that:
    29    a. have been selected or recommended by a relevant recommending  body;
    30  and
    31    b.  if,  in  the  reasonable  judgment  of the calculating person, the
    32  benchmark replacement conforming changes selected or recommended  pursu-
    33  ant  to  paragraph  a of this subdivision do not apply to such contract,
    34  security or instrument or are insufficient to permit administration  and
    35  calculation  of  the  recommended  benchmark replacement, then benchmark
    36  replacement conforming changes shall include such other changes,  alter-
    37  ations  or  modifications that, in the reasonable judgment of the calcu-
    38  lating person:
    39    (i) are necessary to permit  administration  and  calculation  of  the
    40  recommended  benchmark replacement under or in respect of such contract,
    41  security or instrument in a manner consistent with market  practice  for
    42  substantially  similar  contracts, securities or instruments and, to the
    43  extent practicable, the manner  in  which  such  contract,  security  or
    44  instrument  was  administered immediately prior to the LIBOR replacement
    45  date; and
    46    (ii) would not result in a disposition of such contract,  security  or
    47  instrument for U.S. federal income tax purposes.
    48    10.  "Determining  person"  shall  mean, with respect to any contract,
    49  security or instrument, in the following order of priority:
    50    a. any person specified as a "determining person"; or
    51    b. any person with the authority, right or obligation to:
    52    (i) determine the benchmark replacement that will take effect  on  the
    53  LIBOR replacement date,
    54    (ii)  calculate or determine a valuation, payment or other measurement
    55  based on a benchmark, or

        S. 2508--A                         121                        A. 3008--A

     1    (iii) notify other persons of the occurrence of a LIBOR discontinuance
     2  event, a LIBOR replacement date or a benchmark replacement.
     3    11. "Relevant recommending body" shall mean the Federal Reserve Board,
     4  the Federal Reserve Bank of New York, or the Alternative Reference Rates
     5  Committee, or any successor to any of them.
     6    12.  "SOFR" shall mean, with respect to any day, the secured overnight
     7  financing rate published for such day by the Federal Reserve Bank of New
     8  York, as the administrator of the benchmark (or a successor  administra-
     9  tor), on the Federal Reserve Bank of New York's website.
    10    13.  "Calculating  person"  shall  mean, with respect to any contract,
    11  security or instrument, any person (which may be the determining person)
    12  responsible for calculating or determining  any  valuation,  payment  or
    13  other measurement based on a benchmark.
    14    14. "Contract, security, or instrument" shall include, without limita-
    15  tion,  any contract, agreement, mortgage, deed of trust, lease, security
    16  (whether representing debt or equity, and including any  interest  in  a
    17  corporation,  a partnership or a limited liability company), instrument,
    18  or other obligation.
    19    § 18-401. Effect of LIBOR discontinuance  on  agreements.  1.  On  the
    20  LIBOR  replacement date, the recommended benchmark replacement shall, by
    21  operation of law, be the benchmark replacement for any contract, securi-
    22  ty or instrument that uses LIBOR as a benchmark and:
    23    a. contains no fallback provisions; or
    24    b. contains fallback provisions that result in  a  benchmark  replace-
    25  ment,  other  than a recommended benchmark replacement, that is based in
    26  any way on any LIBOR value.
    27    2. Following the occurrence of a LIBOR discontinuance event, any fall-
    28  back provisions in a contract, security, or instrument that provide  for
    29  a  benchmark  replacement based on or otherwise involving a poll, survey
    30  or inquiries for quotes  or  information  concerning  interbank  lending
    31  rates  or  any  interest  rate  or dividend rate based on LIBOR shall be
    32  disregarded as if not included in such contract, security or  instrument
    33  and shall be deemed null and void and without any force or effect.
    34    3.  This subdivision shall apply to any contract, security, or instru-
    35  ment that uses LIBOR as a benchmark  and  contains  fallback  provisions
    36  that permit or require the selection of a benchmark replacement that is:
    37    a. based in any way on any LIBOR value; or
    38    b. the substantive equivalent of paragraph (a), (b) or (c) of subdivi-
    39  sion one of section 18-402 of this article.
    40    A  determining person shall have the authority under this article, but
    41  shall not be required, to select on or after the occurrence of  a  LIBOR
    42  discontinuance event the recommended benchmark replacement as the bench-
    43  mark  replacement.  Such selection of the recommended benchmark replace-
    44  ment shall be:
    45    (i) irrevocable;
    46    (ii) made by the earlier of either the LIBOR replacement date, or  the
    47  latest  date  for  selecting  a  benchmark replacement according to such
    48  contract, security, or instrument; and
    49    (iii) used in any  determinations  of  the  benchmark  under  or  with
    50  respect  to such contract, security or instrument occurring on and after
    51  the LIBOR replacement date.
    52    4. If  a  recommended  benchmark  replacement  becomes  the  benchmark
    53  replacement for any contract, security, or instrument pursuant to subdi-
    54  vision  one  or  subdivision  three  of this section, then all benchmark
    55  replacement conforming changes that are applicable (in  accordance  with
    56  the  definition  of  benchmark  replacement  conforming changes) to such

        S. 2508--A                         122                        A. 3008--A

     1  recommended benchmark replacement shall become an integral part of  such
     2  contract, security, or instrument by operation of law.
     3    5. The provisions of this article shall not alter or impair:
     4    a. any written agreement by all requisite parties that, retrospective-
     5  ly  or  prospectively,  a contract, security, or instrument shall not be
     6  subject to this article without necessarily  referring  specifically  to
     7  this  article.  For  purposes  of  this subdivision, "requisite parties"
     8  means all parties required to  amend  the  terms  and  provisions  of  a
     9  contract,  security,  or  instrument  that would otherwise be altered or
    10  affected by this article;
    11    b.  any  contract,  security  or  instrument  that  contains  fallback
    12  provisions  that  would  result  in  a benchmark replacement that is not
    13  based on LIBOR, including, but not limited to, the  prime  rate  or  the
    14  federal  funds  rate, except that such  contract, security or instrument
    15  shall be subject to subdivision two of this section;
    16    c. any contract, security, or instrument subject to subdivision  three
    17  of this section as to which a determining person does not elect to use a
    18  recommended  benchmark replacement pursuant to subdivision three of this
    19  section or as to which a determining person elects to use a  recommended
    20  benchmark  replacement prior to the occurrence of a LIBOR discontinuance
    21  event, except that such  contract,  security,  or  instrument  shall  be
    22  subject to subdivision two of this section; or
    23    d.  the application to a recommended benchmark replacement of any cap,
    24  floor, modifier, or spread adjustment to which LIBOR  had  been  subject
    25  pursuant to the terms of a contract, security, or instrument.
    26    6.  Notwithstanding  the  uniform  commercial code or any other law of
    27  this state, this title shall apply  to  all  contracts,  securities  and
    28  instruments,  including  contracts,  with  respect  to commercial trans-
    29  actions, and shall not be deemed to be displaced by  any  other  law  of
    30  this state.
    31    § 18-402. Continuity  of contract and safe harbor. 1. The selection or
    32  use of a recommended benchmark replacement as  a  benchmark  replacement
    33  under  or  in respect of a contract, security or instrument by operation
    34  of section 18-401 of this section shall constitute:
    35    a. a  commercially  reasonable  replacement  for  and  a  commercially
    36  substantial equivalent to LIBOR;
    37    b.  a  reasonable,  comparable or analogous term for LIBOR under or in
    38  respect of such contract, security or instrument;
    39    c. a replacement that is based on a methodology or information that is
    40  similar or comparable to LIBOR; and
    41    d. substantial performance by any person of any  right  or  obligation
    42  relating to or based on LIBOR under or in respect of a contract, securi-
    43  ty or instrument.
    44    2.  None  of:  a.  a LIBOR discontinuance event or a LIBOR replacement
    45  date, b. the selection or use of a recommended benchmark replacement  as
    46  a  benchmark  replacement;  or c.   the determination, implementation or
    47  performance of benchmark replacement conforming changes, in  each  case,
    48  by operation of section 18-401 of this article, shall:
    49    (i) be deemed to impair or affect the right of any person to receive a
    50  payment,  or  affect  the  amount  or  timing of such payment, under any
    51  contract, security, or instrument; or
    52    (ii) have the effect of (A) discharging or excusing performance  under
    53  any  contract,  security or instrument for any reason, claim or defense,
    54  including, but not limited to, any force majeure or other  provision  in
    55  any contract, security or instrument; (B) giving any person the right to
    56  unilaterally  terminate or suspend performance under any contract, secu-

        S. 2508--A                         123                        A. 3008--A

     1  rity or instrument; (C) constituting a breach of a contract, security or
     2  instrument; or (D) voiding  or  nullifying  any  contract,  security  or
     3  instrument.
     4    3.  No person shall have any liability for damages to any person or be
     5  subject to any claim or request for equitable relief arising out  of  or
     6  related  to  the selection or use of a recommended benchmark replacement
     7  or  the  determination,  implementation  or  performance  of   benchmark
     8  replacement  conforming  changes,  in each case, by operation of section
     9  18-401 of this article, and such selection or  use  of  the  recommended
    10  benchmark  replacement  or such determination implementation or perform-
    11  ance of benchmark replacement conforming changes shall not give rise  to
    12  any claim or cause of action by any person in law or in equity.
    13    4.  The selection or use of a recommended benchmark replacement or the
    14  determination, implementation, or performance of  benchmark  replacement
    15  conforming  changes,  by  operation  of  section 18-401 of this article,
    16  shall be deemed to:
    17    a. not be an amendment or modification of any  contract,  security  or
    18  instrument; and
    19    b.  not  prejudice, impair or affect any person's rights, interests or
    20  obligations under or in respect of any contract, security or instrument.
    21    5. Except as provided in either subdivision one or  subdivision  three
    22  of  section 18-401 of this article, the provisions of this article shall
    23  not be interpreted  as  creating  any  negative  inference  or  negative
    24  presumption regarding the validity or enforceability of:
    25    a.  any  benchmark  replacement  that is not a recommended replacement
    26  benchmark;
    27    b. any spread adjustment, or method for calculating or  determining  a
    28  spread adjustment, that is not a recommended spread adjustment; or
    29    c.  any  changes,  alterations  or modifications to or in respect of a
    30  contract, security or instrument  that  are  not  benchmark  replacement
    31  conforming changes.
    32    § 18-403. Severability.  If  any provision of this article or applica-
    33  tion thereof to any person or circumstance is held invalid, the invalid-
    34  ity shall not affect other provisions or applications  of  this  article
    35  that  can  be given effect without the invalid provision or application,
    36  and to this end the provisions of this article shall be severable.
    37    § 2. This act shall take effect immediately.

    38                                   PART QQ

    39    Section 1.   The general business law  is  amended  by  adding  a  new
    40  section 399-zzzzz to read as follows:
    41    §  399-zzzzz.  Broadband  service for low-income consumers. 1. For the
    42  purposes of this section, the term  "broadband  service"  shall  mean  a
    43  mass-market retail service that provides the capability to transmit data
    44  to  and  receive  data from all or substantially all internet endpoints,
    45  including any capabilities that are incidental to and enable the  opera-
    46  tion  of  the communications service provided by a wireline, fixed wire-
    47  less or satellite  service  provider,  but  shall  not  include  dial-up
    48  service.
    49    2.  Every  person, business, corporation, or their agents providing or
    50  seeking to provide  wireline,  fixed  wireless  or  satellite  broadband
    51  service  in  New  York  state  shall, no later than sixty days after the
    52  effective date of this section, offer high speed  broadband  service  to
    53  low-income  consumers  whose  household:  (a)  is  eligible  for free or
    54  reduced-priced lunch through the National School Lunch Program;  or  (b)

        S. 2508--A                         124                        A. 3008--A

     1  whose  annual  gross  household  income  is not in excess of one hundred
     2  eighty-five percent of the federal poverty guidelines as updated period-
     3  ically in the Federal Register by the United States Department of Health
     4  and  Human  Services  under  the authority of 42 U.S.C. § 9902(2).  Such
     5  low-income broadband service shall  provide  a  minimum  download  speed
     6  equal  to  the greater of twenty-five megabits per second download speed
     7  or the download speed of the provider's  existing  low-income  broadband
     8  service  sold to customers in the state subject to exceptions adopted by
     9  the Public Service Commission where such download speed is  not  reason-
    10  ably practicable.
    11    3.  Broadband  service  for low-income consumers, as set forth in this
    12  section, shall be provided at a cost of no more than fifteen dollars per
    13  month, inclusive of any recurring  taxes  and  fees  such  as  recurring
    14  rental  fees for service provider equipment required to obtain broadband
    15  service and usage fees. Broadband service providers shall allow  low-in-
    16  come  broadband  service  subscribers  to purchase standalone or bundled
    17  cable and/or phone services separately. Broadband service providers may,
    18  once every five years, and after thirty days' notice  to  its  customers
    19  and the department of public service, increase the price of this service
    20  by the lesser of the most recent change in the consumer price index or a
    21  maximum of two percent per year of the price for such service.
    22    4.  Every  person, business, corporation, or their agents providing or
    23  seeking to provide broadband service in New York state  shall  make  all
    24  commercially reasonable efforts to promote and advertise the availabili-
    25  ty  of  broadband  service  for  low-income consumers including, but not
    26  limited to, the prominent display of,  and  enrollment  procedures  for,
    27  such  service  on  its  website and in any written and commercial promo-
    28  tional materials developed to inform consumers who may be  eligible  for
    29  service pursuant to this section.
    30    5.  Every  person, business, corporation, or their agents providing or
    31  seeking to provide broadband service in New York  state  shall  annually
    32  submit  to  the  department  of  public  service, no later than November
    33  fifteenth after the effective date of this act, and annually thereafter,
    34  a compliance report setting forth: (a)  a  description  of  the  service
    35  offered  pursuant  to this section; (b) the number of consumers enrolled
    36  in such service; (c) a description of the procedures being used to veri-
    37  fy  the  eligibility  of  customers  receiving  such  service;   (d)   a
    38  description  and  samples of the advertising or marketing efforts under-
    39  taken to advertise or promote such service; (e)  a  description  of  all
    40  retail  rate  products, including pricing, offered by such person, busi-
    41  ness, corporation, or their agents; (f) a description,  including  speed
    42  and  price,  of all broadband products offered in the state of New York;
    43  and (g) such other information as the department of public  service  may
    44  require.
    45    6.  The  department  of  public service shall, within two years of the
    46  effective date of this section and at least every five years thereafter,
    47  undertake a proceeding to determine if the  minimum  broadband  download
    48  speed  in this section should be increased to the federal communications
    49  commission's benchmark broadband download speed, or to  another  minimum
    50  broadband  download  speed  if the federal communications commission has
    51  not increased its benchmark by such date.    The  department  of  public
    52  service  shall  also:  (a)  undertake appropriate measures to inform the
    53  public about available broadband products, including retail rate product
    54  offerings and low-income offerings; and (b) periodically,  but  no  less
    55  than  once  every  five  years,  review eligibility requirements for the

        S. 2508--A                         125                        A. 3008--A

     1  low-income service required pursuant to this section,  and  update  such
     2  requirements as may be necessary to meet the needs of consumers.
     3    7. Whenever there shall be a violation of this section, an application
     4  may  be  made  by  the attorney general in the name of the people of the
     5  state of New York to a court or justice having jurisdiction by a special
     6  proceeding to issue an injunction, and upon notice to the  defendant  of
     7  not  less than five days, to enjoin and restrain the continuance of such
     8  violation; and if it shall appear to the satisfaction of  the  court  or
     9  justice  that  the  defendant  has,  in  fact, violated this section, an
    10  injunction may  be  issued  by  the  court  or  justice,  enjoining  and
    11  restraining  any  further  violations,  without requiring proof that any
    12  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
    13  proceeding,  the  court  may  make allowances to the attorney general as
    14  provided in paragraph six of subdivision  (a)  of  section  eighty-three
    15  hundred  three  of the civil practice law and rules, and direct restitu-
    16  tion. Whenever the court  shall  determine  that  a  violation  of  this
    17  section  has  occurred, the court may impose a civil penalty of not more
    18  than one thousand dollars per violation. In  connection  with  any  such
    19  proposed  application,  the attorney general is authorized to take proof
    20  and make a determination of the relevant facts and to issue subpoenas in
    21  accordance with the civil practice law and rules.
    22    § 2. This act shall take effect immediately.

    23                                   PART RR

    24    Section 1. Section 1678 of the public authorities law  is  amended  by
    25  adding a new subdivision 30 to read as follows:
    26    30.  (a)  To enter into loans with, and to provide services related to
    27  planning, design, construction, renovation,  reconstruction,  furnishing
    28  or  equipping  to,  any  school  district, not-for-profit corporation or
    29  group of not-for-profit corporations, for capital  projects  located  in
    30  New  York  state  with  an  aggregate cost of not less than five million
    31  dollars.
    32    (b) To enter into loans with any  school  district  or  not-for-profit
    33  corporation  to  fund  their  working capital needs, provided such loans
    34  have been presented to the authority's board during the  COVID-19  state
    35  of emergency.
    36    (c) For the purposes of this subdivision:
    37    (i)  "Not-for-profit  corporation"  shall  mean  a domestic or foreign
    38  corporation as defined in section one hundred two of the  not-for-profit
    39  corporation law.
    40    (ii)  "School  district" shall mean any school district located in the
    41  state of New York.
    42    (iii) "Working capital" shall  mean  funds  used  to  pay  operational
    43  expenses,  including  but  not  limited  to, salaries, accounts payable,
    44  purchasing inventory and other operational obligations.
    45    (iv) "COVID-19 state of emergency" shall  mean  the  period  in  which
    46  executive  order  two hundred two of two thousand twenty, as amended, is
    47  in effect to address the outbreak of the novel coronavirus, COVID-19.
    48    § 2. Nothing in this act is intended to limit, impair, or  affect  the
    49  legal  authority  of  the  dormitory  authority of the state of New York
    50  under any other provision of law.
    51    § 3. This act shall take effect immediately.

    52                                   PART SS

        S. 2508--A                         126                        A. 3008--A

     1    Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of
     2  chapter 392 of the laws of 1973 constituting the New York State  Medical
     3  Care  Facilities  Finance  Agency  act, as amended by chapter 183 of the
     4  laws of 2018, is amended to read as follows:
     5    (b) The agency shall not issue hospital and nursing home project bonds
     6  and  hospital  and  nursing home project notes in an aggregate principal
     7  amount exceeding [sixteen] seventeen billion [six] four hundred  million
     8  dollars,  excluding hospital and nursing home project bonds and hospital
     9  and nursing home project notes issued to refund outstanding hospital and
    10  nursing home projects bonds and hospital and nursing home project notes;
    11  provided, however, that upon any such refunding or repayment  the  total
    12  aggregate  principal  amount  of outstanding bonds, notes or other obli-
    13  gations may be greater  than  [sixteen]  seventeen  billion  [six]  four
    14  hundred  million dollars only if the present value of the aggregate debt
    15  service of the refunding or repayment bonds, notes or other  obligations
    16  to  be  issued  shall not exceed the present value of the aggregate debt
    17  service of the bonds, notes or other obligations so to  be  refunded  or
    18  repaid.  For  purposes  hereof, the present values of the aggregate debt
    19  service of the refunding or repayment bonds, notes or other  obligations
    20  and  of  the  aggregate  debt service of the bonds, notes or other obli-
    21  gations so refunded or repaid, shall  be  calculated  by  utilizing  the
    22  effective  interest  rate  of the refunding or repayment bonds, notes or
    23  other obligations, which shall be that rate arrived at by  doubling  the
    24  semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
    25  discount the debt service payments on the refunding or repayment  bonds,
    26  notes or other obligations from the payment dates thereof to the date of
    27  issue  of  the  refunding or repayment bonds, notes or other obligations
    28  and to the price bid including estimated accrued  interest  or  proceeds
    29  received  by  the  agency  including estimated accrued interest from the
    30  sale thereof. The agency shall  not  issue  hospital  and  nursing  home
    31  project bonds at any time secured by the hospital and nursing home capi-
    32  tal  reserve fund if upon issuance, the amount in the hospital and nurs-
    33  ing home capital reserve fund will be less than the hospital and nursing
    34  home capital reserve fund requirement, unless the agency, at the time of
    35  issuance of such bonds, shall deposit in  such  reserve  fund  from  the
    36  proceeds  of  the  bonds  so to be issued, or otherwise, an amount which
    37  together with the amount then in such reserve fund,  will  be  not  less
    38  than the hospital and nursing home capital reserve fund requirement.
    39    § 2. This act shall take effect immediately.

    40                                   PART TT

    41    Section 1. This act enacts into law components of legislation relating
    42  to  the  pandemic recovery and restart program. Each component is wholly
    43  contained within a Subpart identified  as  Subparts  A  through  C.  The
    44  effective  date  for  each  particular  provision  contained within such
    45  Subpart is set forth in the last section of such Subpart. Any  provision
    46  in  any section contained within a Subpart, including the effective date
    47  of the Subpart, which makes reference to a section "of this  act",  when
    48  used  in  connection  with that particular component, shall be deemed to
    49  mean and refer to the corresponding section of the Subpart in  which  it
    50  is  found.  Section  three  of this act sets forth the general effective
    51  date of this act.

    52                                  SUBPART A

        S. 2508--A                         127                        A. 3008--A

     1    Section 1. The economic development law is amended  by  adding  a  new
     2  article 24 to read as follows:
     3                                 ARTICLE 24
     4              SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM
     5  Section 460. Short title.
     6          461. Statement of legislative findings and declaration.
     7          462. Definitions.
     8          463. Eligibility criteria.
     9          464. Application and approval process.
    10          465. Small business return-to-work tax credit.
    11          466. Powers and duties of the commissioner.
    12          467. Maintenance of records.
    13          468. Reporting.
    14          469. Cap on tax credit.
    15    §  460.  Short  title. This article shall be known and may be cited as
    16  the "small business return-to-work tax credit program act".
    17    § 461. Statement of legislative findings and declaration. It is hereby
    18  found and declared that New York state needs,  as  a  matter  of  public
    19  policy,  to  create  financial incentives for small businesses in indus-
    20  tries that have suffered economic harm  as  a  result  of  the  COVID-19
    21  pandemic  to expeditiously rehire workers and increase total small busi-
    22  ness employment. The small business return-to-work tax credit program is
    23  created to provide financial incentives  to  economically  harmed  small
    24  businesses  to  offer  relief, expedite their hiring efforts, and reduce
    25  the duration and severity of the current economic difficulties.
    26    § 462. Definitions. For the purposes of this article:
    27    1. "Accommodation sector" means establishments that provide lodging or
    28  short-term accommodations for travelers, vacationers, and others.
    29    2. "Arts, entertainment, and recreation sector"  means  establishments
    30  that  operate  facilities  or  provide services to meet varied cultural,
    31  entertainment, and recreational interests of their patrons. This  sector
    32  comprises: (a) establishments that are involved in producing, promoting,
    33  or  participating in live performances, events, or exhibits intended for
    34  public viewing; (b) establishments that preserve and exhibit objects and
    35  sites of historical, cultural, or educational interest; and  (c)  estab-
    36  lishments  that  operate  facilities  or  provide  services  that enable
    37  patrons to participate in recreational activities or  pursue  amusement,
    38  hobby, and leisure-time interests.
    39    3.  "Average  full-time  employment"  shall mean the average number of
    40  full-time equivalent positions employed  by  a  business  entity  in  an
    41  eligible industry during a given period.
    42    4.  "Average starting full-time employment" shall be calculated as the
    43  average number of full-time equivalent positions employed by a  business
    44  entity in an eligible industry between January first, two thousand twen-
    45  ty-one, and March thirty-first, two thousand twenty-one.
    46    5.  "Average  ending  full-time employment" shall be calculated as the
    47  average number of full-time equivalent positions employed by a  business
    48  entity  in  an eligible industry between April first, two thousand twen-
    49  ty-one, and December thirty-first, two thousand twenty-one.
    50    6. "Certificate of tax credit" means the document issued to a business
    51  entity by the department after the  department  has  verified  that  the
    52  business  entity  has  met  all  applicable eligibility criteria in this
    53  article. The certificate shall specify the exact amount of the tax cred-
    54  it under this article that a business  entity  may  claim,  pursuant  to
    55  section four hundred sixty-five of this article.

        S. 2508--A                         128                        A. 3008--A

     1    7.  "Commissioner"  shall  mean  the commissioner of the department of
     2  economic development.
     3    8. "Department" shall mean the department of economic development.
     4    9. "Eligible industry" means a business entity operating predominantly
     5  in one of the following business sectors:
     6    (a) accommodations; or
     7    (b) arts, entertainment, and recreation.
     8    10.  "Net  employee  increase" means an increase of at least one full-
     9  time equivalent employee between the average starting full-time  employ-
    10  ment and the average ending full-time employment of a business entity.
    11    §  463. Eligibility criteria. 1. To be eligible for a tax credit under
    12  the small business return-to-work tax credit program, a business  entity
    13  must:
    14    (a)  be  a small business as defined in section one hundred thirty-one
    15  of this chapter and have fewer than one  hundred  full-time  job  equiv-
    16  alents in New York state as of April first, two thousand twenty-one;
    17    (b)  operate a business location in New York state that charges admis-
    18  sion and/or accepts payment for goods  and/or  services  from  in-person
    19  customers;
    20    (c) operate predominantly in an eligible industry as defined in subdi-
    21  vision nine of section four hundred sixty-two of this article; provided,
    22  however, that the department, in its regulations promulgated pursuant to
    23  this  article, shall have the authority to list certain sectors of those
    24  industries as ineligible;
    25    (d) have experienced economic harm as a result of the  COVID-19  emer-
    26  gency  as evidenced by a year-to-year decrease of at least forty percent
    27  in New York state between the second quarter of  two  thousand  nineteen
    28  and  the  second  quarter of two thousand twenty or the third quarter of
    29  two thousand nineteen and the third quarter of two thousand  twenty  for
    30  one or both of: (i) gross receipts or (ii) average full-time employment;
    31  and
    32    (e) have demonstrated a net employee increase.
    33    2.  A business entity must be in substantial compliance with any emer-
    34  gency restrictions or public health orders impacting the industry sector
    35  or other laws and regulations as  determined  by  the  commissioner.  In
    36  addition,  a  business  entity may not owe past due state taxes or local
    37  property taxes unless the business entity is making payments and comply-
    38  ing with an approved binding payment agreement  entered  into  with  the
    39  taxing authority.
    40    §  464.  Application  and  approval process. 1. A business entity must
    41  submit a complete application as prescribed by the commissioner.
    42    2. The commissioner shall establish procedures  and  a  timeframe  for
    43  business  entities  to  submit applications. As part of the application,
    44  each business entity must:
    45    (a) provide evidence in a form and manner prescribed  by  the  commis-
    46  sioner of their business eligibility;
    47    (b) agree to allow the department of taxation and finance to share the
    48  business  entity's  tax  information  with  the department. However, any
    49  information shared as a result of this program shall  not  be  available
    50  for disclosure or inspection under the state freedom of information law;
    51    (c)  agree  to  allow  the  department  of  labor to share its tax and
    52  employer information  with  the  department.  However,  any  information
    53  shared as a result of this program shall not be available for disclosure
    54  or inspection under the state freedom of information law;
    55    (d)  allow  the  department and its agents access to any and all books
    56  and records the department may require to monitor compliance;

        S. 2508--A                         129                        A. 3008--A

     1    (e) certify, under penalty of  perjury,  that  it  is  in  substantial
     2  compliance  with  all  emergency  orders  or  public  health regulations
     3  currently required of such entity, and local, and state tax laws; and
     4    (f)  agree  to  provide  any  additional  information  required by the
     5  department relevant to this article.
     6    3. After reviewing a business entity's completed final application and
     7  determining that the business entity meets the eligibility  criteria  as
     8  set  forth  in  this  article, the department may issue to that business
     9  entity a certificate of tax credit. A business entity may claim the  tax
    10  credit  in  the  taxable  year  that includes December thirty-first, two
    11  thousand twenty-one.
    12    § 465. Small business return-to-work tax credit. 1. A business  entity
    13  in  the  small business return-to-work tax credit program that meets the
    14  eligibility requirements of section four  hundred  sixty-three  of  this
    15  article may be eligible to claim a credit equal to five thousand dollars
    16  per each full-time equivalent net employee increase as defined in subdi-
    17  vision ten of section four hundred sixty-two of this article.
    18    2.  A  business  entity,  including  a  partnership, limited liability
    19  company and subchapter S corporation, may not receive in excess of fifty
    20  thousand dollars in tax credits under this program.
    21    3. The credit shall be allowed  as  provided  in  section  forty-five,
    22  subdivision fifty-five of section two hundred ten-B and subsection (kkk)
    23  of section six hundred six of the tax law.
    24    §  466. Powers and duties of the commissioner. 1. The commissioner may
    25  promulgate regulations establishing an application process and eligibil-
    26  ity criteria, that will be applied consistent with the purposes of  this
    27  article,  so as not to exceed the annual cap on tax credits set forth in
    28  section four hundred sixty-nine of this article  which,  notwithstanding
    29  any  provisions  to  the  contrary in the state administrative procedure
    30  act, may be adopted on an emergency basis.
    31    2. The commissioner shall, in  consultation  with  the  department  of
    32  taxation  and finance, develop a certificate of tax credit that shall be
    33  issued by the commissioner  to  eligible  businesses.  Such  certificate
    34  shall contain such information as required by the department of taxation
    35  and finance.
    36    3.  The  commissioner  shall  solely  determine the eligibility of any
    37  applicant applying for entry into the program and shall remove any busi-
    38  ness entity from the program for failing to meet any of the requirements
    39  set forth in section four hundred sixty-three of this  article,  or  for
    40  failing to meet the requirements set forth in subdivision one of section
    41  four hundred sixty-four of this article.
    42    §  467.  Maintenance of records. Each business entity participating in
    43  the program shall keep  all  relevant  records  for  their  duration  of
    44  program participation for at least three years.
    45    §  468.  Reporting. Each business entity participating in this program
    46  must submit a performance report to the department at a time  prescribed
    47  in regulations by the commissioner.
    48    §  469.  Cap  on tax credit. The total amount of tax credits listed on
    49  certificates of tax credit issued by the commissioner pursuant  to  this
    50  article may not exceed fifty million dollars.
    51    §  2.  The  tax  law  is amended by adding a new section 45 to read as
    52  follows:
    53    § 45. Small business return-to-work tax credit. (a) Allowance of cred-
    54  it. A taxpayer subject to tax under article nine-A or twenty-two of this
    55  chapter shall be allowed a credit against  such  tax,  pursuant  to  the
    56  provisions  referenced in subdivision (f) of this section. The amount of

        S. 2508--A                         130                        A. 3008--A

     1  the credit is equal to the amount determined pursuant  to  section  four
     2  hundred  sixty-five  of the economic development law. No cost or expense
     3  paid or incurred by the taxpayer which is included as part of the calcu-
     4  lation of this credit shall be the basis of any other tax credit allowed
     5  under this chapter.
     6    (b)  Eligibility. To be eligible for the small business return-to-work
     7  tax credit, the taxpayer shall have been issued  a  certificate  of  tax
     8  credit by the department of economic development pursuant to subdivision
     9  two  of section four hundred sixty-four of the economic development law,
    10  which certificate shall set forth the amount of the credit that  may  be
    11  claimed  for  the  taxable  year. The taxpayer shall be allowed to claim
    12  only the amount listed on the certificate of tax credit for that taxable
    13  year. A taxpayer that is a partner in a partnership, member of a limited
    14  liability company or shareholder in a subchapter S corporation that  has
    15  received a certificate of tax credit shall be allowed its pro rata share
    16  of  the  credit  earned by the partnership, limited liability company or
    17  subchapter S corporation.
    18    (c) Tax return requirement. The taxpayer shall be required  to  attach
    19  to  its tax return, in the form prescribed by the commissioner, proof of
    20  receipt of its certificate of tax credit issued by the  commissioner  of
    21  the department of economic development.
    22    (d)  Information  sharing. Notwithstanding any provision of this chap-
    23  ter, employees of the department of economic development and the depart-
    24  ment shall be allowed and are directed to share and exchange:
    25    (1) information derived from tax returns or reports that  is  relevant
    26  to  a  taxpayer's  eligibility  to  participate  in  the  small business
    27  return-to-work tax credit program;
    28    (2) information regarding the credit applied for, allowed  or  claimed
    29  pursuant  to this section and taxpayers that are applying for the credit
    30  or that are claiming the credit; and
    31    (3) information contained  in  or  derived  from  credit  claim  forms
    32  submitted  to  the  department  and  applications for admission into the
    33  small business return-to-work tax credit program. Except as provided  in
    34  paragraph two of this subdivision, all information exchanged between the
    35  department  of  economic  development  and  the  department shall not be
    36  subject to disclosure or inspection under the state's freedom of  infor-
    37  mation law.
    38    (e)  Credit  recapture.  If  a certificate of tax credit issued by the
    39  department of economic development  under  article  twenty-four  of  the
    40  economic  development  law  is revoked by such department, the amount of
    41  credit described in this section and claimed by the  taxpayer  prior  to
    42  that  revocation shall be added back to tax in the taxable year in which
    43  any such revocation becomes final.
    44    (f) Cross references. For application of the credit  provided  for  in
    45  this section, see the following provisions of this chapter:
    46    (1) article 9-A: section 210-B, subdivision 55;
    47    (2) article 22: section 606, subsection (kkk).
    48    §  3. Section 210-B of the tax law is amended by adding a new subdivi-
    49  sion 55 to read as follows:
    50    55. Small business return-to-work tax credit. (a) Allowance of credit.
    51  A taxpayer shall be allowed a credit, to  be  computed  as  provided  in
    52  section  forty-five  of  this chapter, against the taxes imposed by this
    53  article.
    54    (b) Application of credit. The credit allowed under  this  subdivision
    55  for  the taxable year shall not reduce the tax due for such year to less
    56  than the amount prescribed  in  paragraph  (d)  of  subdivision  one  of

        S. 2508--A                         131                        A. 3008--A

     1  section  two  hundred  ten  of this article.   However, if the amount of
     2  credit allowed under this subdivision for the taxable year  reduces  the
     3  tax  to  such  amount or if the taxpayer otherwise pays tax based on the
     4  fixed dollar minimum amount, any amount of credit thus not deductible in
     5  such  taxable year shall be treated as an overpayment of tax to be cred-
     6  ited or refunded in accordance with the provisions of section one  thou-
     7  sand  eighty-six  of  this chapter. Provided, however, the provisions of
     8  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
     9  notwithstanding, no interest will be paid thereon.
    10    §  4. Section 606 of the tax law is amended by adding a new subsection
    11  (kkk) to read as follows:
    12    (kkk) Small business return-to-work tax credit. (1) Allowance of cred-
    13  it. A taxpayer shall be allowed a credit, to be computed as provided  in
    14  section  forty-five  of  this  chapter,  against the tax imposed by this
    15  article.
    16    (2) Application of credit. If the amount of the credit  allowed  under
    17  this subsection for the taxable year exceeds the taxpayer's tax for such
    18  year, the excess shall be treated as an overpayment of tax to be credit-
    19  ed  or refunded in accordance with the provisions of section six hundred
    20  eighty-six of this article, provided, however, that no interest will  be
    21  paid thereon.
    22    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    23  of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
    24  follows:
    25  (xlvi) Small business                Amount of credit under
    26  return-to-work tax                   subdivision fifty-five
    27  credit                               of section two hundred ten-B
    28    § 6. This act shall take effect immediately.

    29                                  SUBPART B

    30    Section  1.  The  economic  development law is amended by adding a new
    31  article 25 to read as follows:
    32                                 ARTICLE 25
    33                RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM
    34  Section 470. Short title.
    35          471. Statement of legislative findings and declaration.
    36          472. Definitions.
    37          473. Eligibility criteria.
    38          474. Application and approval process.
    39          475. Restaurant return-to-work tax credit.
    40          476. Powers and duties of the commissioner.
    41          477. Maintenance of records.
    42          478. Reporting.
    43          479. Cap on tax credit.
    44    § 470. Short title. This article shall be known and may  be  cited  as
    45  the "restaurant return-to-work tax credit program act".
    46    § 471. Statement of legislative findings and declaration. It is hereby
    47  found  and  declared  that  New  York state needs, as a matter of public
    48  policy,  to  create  financial  incentives  for  restaurants  that  have
    49  suffered  economic  harm  as  a result of the COVID-19 pandemic to expe-
    50  ditiously rehire workers and increase total employment.  The  restaurant
    51  return-to-work tax credit program is created to provide financial incen-
    52  tives to economically harmed restaurants to offer relief, expedite their
    53  hiring  efforts,  and  reduce  the  duration and severity of the current
    54  economic difficulties.

        S. 2508--A                         132                        A. 3008--A

     1    § 472. Definitions. For the purposes of this article:
     2    1.  "Average  full-time  employment"  shall mean the average number of
     3  full-time equivalent positions employed  by  a  business  entity  in  an
     4  eligible industry during a given period.
     5    2.  "Average starting full-time employment" shall be calculated as the
     6  average number of full-time equivalent positions employed by a  business
     7  entity in an eligible industry between January first, two thousand twen-
     8  ty-one, and March thirty-first, two thousand twenty-one.
     9    3.  "Average  ending  full-time employment" shall be calculated as the
    10  average number of full-time equivalent positions employed by a  business
    11  entity  in  an eligible industry between April first, two thousand twen-
    12  ty-one, and either August  thirty-first,  two  thousand  twenty-one,  or
    13  December thirty-first, two thousand twenty-one, whichever date the busi-
    14  ness entity chooses to use.
    15    4. "Certificate of tax credit" means the document issued to a business
    16  entity  by  the  department  after  the department has verified that the
    17  business entity has met all  applicable  eligibility  criteria  in  this
    18  article. The certificate shall specify the exact amount of the tax cred-
    19  it  under  this  article  that  a business entity may claim, pursuant to
    20  section four hundred seventy-five of this article.
    21    5. "Commissioner" shall mean commissioner of the department of econom-
    22  ic development.
    23    6. "Department" shall mean the department of economic development.
    24    7. "Eligible industry" means a business entity operating predominantly
    25  in the COVID-19 impacted food services sector.
    26    8. "Net employee increase" means an increase of at least one full-time
    27  equivalent employee between the average  starting  full-time  employment
    28  and the average ending full-time employment of a business entity.
    29    9. "COVID-19 impacted food services sector" means:
    30    (a)  independently  owned  establishments  that are located inside the
    31  city of New York and have been subjected to a ban on indoor  dining  for
    32  over  six  months  and  are  primarily  organized to prepare and provide
    33  meals, and/or beverages to  customers  for  consumption,  including  for
    34  immediate  indoor  on-premises  consumption, as further defined in regu-
    35  lations pursuant to this article; and
    36    (b) independently owned establishments that are located outside of the
    37  city of New York in an area which has been and/or remains designated  by
    38  the  department  of health as either an orange zone or red zone pursuant
    39  to Executive Order 202.68 as amended, and for which such designation was
    40  or has been in effect and resulted in additional restrictions on  indoor
    41  dining for at least thirty consecutive days, and are primarily organized
    42  to prepare and provide meals, and/or beverages to customers for consump-
    43  tion, including for immediate indoor on-premises consumption, as further
    44  defined in regulations pursuant to this article.
    45    §  473. Eligibility criteria. 1. To be eligible for a tax credit under
    46  the restaurant return-to-work tax  credit  program,  a  business  entity
    47  must:
    48    (a)  be  a small business as defined in section one hundred thirty-one
    49  of this chapter and have fewer than one  hundred  full-time  job  equiv-
    50  alents in New York state as of April first, two thousand twenty-one;
    51    (b)  operate  a  business location in New York state that is primarily
    52  organized to accept payment for meals and/or  beverages  including  from
    53  in-person customers;
    54    (c)  operate  predominantly  in  the  COVID-19  impacted food services
    55  sector; provided, however,  that  the  department,  in  its  regulations

        S. 2508--A                         133                        A. 3008--A

     1  promulgated  pursuant  to this article, shall have the authority to list
     2  certain types of establishments as ineligible;
     3    (d)  have  experienced economic harm as a result of the COVID-19 emer-
     4  gency as evidenced by a year-to-year decrease of at least forty  percent
     5  in  New  York  state between the second quarter of two thousand nineteen
     6  and the second quarter of two thousand twenty or the  third  quarter  of
     7  two  thousand  nineteen and the third quarter of two thousand twenty for
     8  one or both of: (i) gross receipts or (ii) average full-time employment;
     9  and
    10    (e) have demonstrated a net employee increase.
    11    2. A business entity must be in substantial compliance with any public
    12  health or other emergency orders or regulations related to the  entity's
    13  sector  or other laws and regulations as determined by the commissioner.
    14  In addition, a business entity may not owe past due state taxes or local
    15  property taxes unless the business entity is making payments and comply-
    16  ing with an approved binding payment agreement  entered  into  with  the
    17  taxing authority.
    18    §  474.  Application  and  approval process. 1. A business entity must
    19  submit a complete application as prescribed by the commissioner.
    20    2. The commissioner shall establish procedures  and  a  timeframe  for
    21  business  entities  to  submit applications. As part of the application,
    22  each business entity must:
    23    (a) provide evidence in a form and manner prescribed  by  the  commis-
    24  sioner of their business eligibility;
    25    (b) agree to allow the department of taxation and finance to share the
    26  business  entity's  tax  information  with  the department. However, any
    27  information shared as a result of this program shall  not  be  available
    28  for disclosure or inspection under the state freedom of information law;
    29    (c)  agree  to  allow  the  department  of  labor to share its tax and
    30  employer information  with  the  department.  However,  any  information
    31  shared as a result of this program shall not be available for disclosure
    32  or inspection under the state freedom of information law;
    33    (d)  allow  the  department and its agents access to any and all books
    34  and records the department may require to monitor compliance;
    35    (e) certify, under penalty of  perjury,  that  it  is  in  substantial
    36  compliance  with  all  emergency  orders  or  public  health regulations
    37  currently required of such entity, and local, and state tax laws; and
    38    (f) agree to  provide  any  additional  information  required  by  the
    39  department relevant to this article.
    40    3. After reviewing a business entity's completed final application and
    41  determining  that  the business entity meets the eligibility criteria as
    42  set forth in this article, the department may  issue  to  that  business
    43  entity  a certificate of tax credit. A business entity may claim the tax
    44  credit in the taxable year  that  includes  December  thirty-first,  two
    45  thousand twenty-one.
    46    §  475.  Restaurant return-to-work tax credit. 1. A business entity in
    47  the restaurant return-to-work tax credit program that meets  the  eligi-
    48  bility  requirements of section four hundred seventy-three of this arti-
    49  cle may be eligible to claim a credit equal to five thousand dollars per
    50  each full-time equivalent net employee increase as defined  in  subdivi-
    51  sion eight of section four hundred seventy-two of this article.
    52    2.  A  business  entity,  including  a  partnership, limited liability
    53  company and subchapter S corporation, may not receive in excess of fifty
    54  thousand dollars in tax credits under this program.

        S. 2508--A                         134                        A. 3008--A

     1    3. The credit shall be allowed  as  provided  in  sections  forty-six,
     2  subdivision  fifty-six of section two hundred ten-B and subsection (lll)
     3  of section six hundred six of the tax law.
     4    §  476. Powers and duties of the commissioner. 1. The commissioner may
     5  promulgate regulations establishing an application process and eligibil-
     6  ity criteria, that will be applied consistent with the purposes of  this
     7  article,  so as not to exceed the annual cap on tax credits set forth in
     8  section four hundred seventy-nine of this article which, notwithstanding
     9  any provisions to the contrary in  the  state  administrative  procedure
    10  act, may be adopted on an emergency basis.
    11    2.  The  commissioner  shall,  in  consultation with the department of
    12  taxation and finance, develop a certificate of tax credit that shall  be
    13  issued  by  the  commissioner  to  eligible businesses. Such certificate
    14  shall contain such information as required by the department of taxation
    15  and finance.
    16    3. The commissioner shall solely  determine  the  eligibility  of  any
    17  applicant applying for entry into the program and shall remove any busi-
    18  ness entity from the program for failing to meet any of the requirements
    19  set  forth in section four hundred seventy-three of this article, or for
    20  failing to meet the requirements set forth in subdivision one of section
    21  four hundred seventy-four of this article.
    22    § 477. Maintenance of records. Each business entity  participating  in
    23  the  program  shall  keep  all  relevant  records  for their duration of
    24  program participation for at least three years.
    25    § 478. Reporting. Each business entity participating in  this  program
    26  must  submit a performance report to the department at a time prescribed
    27  in regulations by the commissioner.
    28    § 479. Cap on tax credit. The total amount of tax  credits  listed  on
    29  certificates  of  tax credit issued by the commissioner pursuant to this
    30  article may not exceed fifty million dollars.
    31    § 2. The tax law is amended by adding a new  section  46  to  read  as
    32  follows:
    33    § 46. Restaurant return-to-work tax credit. (a) Allowance of credit. A
    34  taxpayer subject to tax under article nine-A or twenty-two of this chap-
    35  ter  shall  be  allowed  a  credit  against  such  tax,  pursuant to the
    36  provisions referenced in subdivision (f) of this section. The amount  of
    37  the  credit  is  equal to the amount determined pursuant to section four
    38  hundred seventy-five of the economic development law. No cost or expense
    39  paid or incurred by the taxpayer which is included as part of the calcu-
    40  lation of this credit shall be the basis of any other tax credit allowed
    41  under this chapter.
    42    (b) Eligibility. To be eligible for the restaurant return-to-work  tax
    43  credit,  the taxpayer shall have been issued a certificate of tax credit
    44  by the department of economic development pursuant to subdivision two of
    45  section four hundred seventy-four of the economic development law, which
    46  certificate shall set forth the amount of the credit that may be claimed
    47  for the taxable year. The taxpayer shall be allowed to  claim  only  the
    48  amount  listed on the certificate of tax credit for that taxable year. A
    49  taxpayer that is a partner in a partnership, member of a limited liabil-
    50  ity company or shareholder  in  a  subchapter  S  corporation  that  has
    51  received a certificate of tax credit shall be allowed its pro rata share
    52  of  the  credit  earned by the partnership, limited liability company or
    53  subchapter S corporation.
    54    (c) Tax return requirement and advance payment option. (1) The taxpay-
    55  er shall be required to attach to its tax return in the form  prescribed

        S. 2508--A                         135                        A. 3008--A

     1  by  the  commissioner, proof of receipt of its certificate of tax credit
     2  issued by the commissioner of the department of economic development.
     3    (2)  Taxpayers  who  choose  to  use August thirty-first, two thousand
     4  twenty-one as the last date to calculate their average ending  full-time
     5  employment and have received their certificate of tax credit by November
     6  fifteenth,  two  thousand twenty-one shall have the option to request an
     7  advance payment of the amount of tax credit they are allowed under  this
     8  section.  A  taxpayer  must submit such request to the department in the
     9  manner prescribed by the commissioner after it has been issued a certif-
    10  icate of tax credit by the department of economic  development  pursuant
    11  to  subdivision two of section four hundred seventy-four of the economic
    12  development law (or such certificate has been issued to  a  partnership,
    13  limited  liability  company or subchapter S corporation in which it is a
    14  partner, member or shareholder, respectively), but such request must  be
    15  submitted no later than November fifteenth, two thousand twenty-one. For
    16  those  taxpayers  who have requested an advance payment and for whom the
    17  commissioner has determined eligible for this credit,  the  commissioner
    18  shall  advance  a  payment  of  the  tax credit allowed to the taxpayer.
    19  However, in the case of a taxpayer subject to  article  nine-A  of  this
    20  chapter,  such payment shall be equal to the amount of credit allowed to
    21  the taxpayer less twenty-five dollars.  Such twenty-five  dollars  shall
    22  represent  a  partial  payment of tax owed by the taxpayer under article
    23  nine-A, including any fixed dollar minimum owed under paragraph  (d)  of
    24  subdivision  one  of  section  two  hundred  ten of this chapter. When a
    25  taxpayer files its return for the  taxable  year,  such  taxpayer  shall
    26  properly  reconcile the advance payment and any partial payment of fixed
    27  dollar minimum tax, if applicable, on the taxpayer's return.
    28    (d) Information sharing. Notwithstanding any provision of  this  chap-
    29  ter, employees of the department of economic development and the depart-
    30  ment shall be allowed and are directed to share and exchange:
    31    (1)  information  derived from tax returns or reports that is relevant
    32  to a taxpayer's eligibility to participate in the restaurant  return-to-
    33  work tax credit program;
    34    (2)  information  regarding the credit applied for, allowed or claimed
    35  pursuant to this section and taxpayers that are applying for the  credit
    36  or that are claiming the credit; and
    37    (3)  information  contained  in  or  derived  from  credit claim forms
    38  submitted to the department and  applications  for  admission  into  the
    39  restaurant  return-to-work  tax  credit  program.  Except as provided in
    40  paragraph two of this subdivision, all information exchanged between the
    41  department of economic development  and  the  department  shall  not  be
    42  subject  to disclosure or inspection under the state's freedom of infor-
    43  mation law.
    44    (e) Credit recapture. If a certificate of tax  credit  issued  by  the
    45  department  of  economic  development  under  article twenty-five of the
    46  economic development law is revoked by such department,  the  amount  of
    47  credit  described  in  this section and claimed by the taxpayer prior to
    48  that revocation shall be added back to tax in the taxable year in  which
    49  any such revocation becomes final.
    50    (f)  Cross  references.  For application of the credit provided for in
    51  this section, see the following provisions of this chapter:
    52    (1) article 9-A: section 210-B, subdivision 56;
    53    (2) article 22: section 606, subsection (lll).
    54    § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
    55  sion 56 to read as follows:

        S. 2508--A                         136                        A. 3008--A

     1    56.  Restaurant  return-to-work tax credit. (a) Allowance of credit. A
     2  taxpayer shall be allowed a  credit,  to  be  computed  as  provided  in
     3  section  forty-six  of  this  chapter, against the taxes imposed by this
     4  article.
     5    (b)  Application  of credit. The credit allowed under this subdivision
     6  for the taxable year shall not reduce the tax due for such year to  less
     7  than  the  amount  prescribed  in  paragraph  (d)  of subdivision one of
     8  section two hundred ten of this article.   However,  if  the  amount  of
     9  credit  allowed  under this subdivision for the taxable year reduces the
    10  tax to such amount or if the taxpayer otherwise pays tax  based  on  the
    11  fixed dollar minimum amount, any amount of credit thus not deductible in
    12  such  taxable year shall be treated as an overpayment of tax to be cred-
    13  ited or refunded in accordance with the provisions of section one  thou-
    14  sand  eighty-six  of  this chapter. Provided, however, the provisions of
    15  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    16  notwithstanding, no interest will be paid thereon.
    17    §  4. Section 606 of the tax law is amended by adding a new subsection
    18  (lll) to read as follows:
    19    (lll) Restaurant return-to-work tax credit. (1) Allowance  of  credit.
    20  A  taxpayer  shall  be  allowed  a credit, to be computed as provided in
    21  section forty-six of this chapter, against the tax imposed by this arti-
    22  cle.
    23    (2) Application of credit. If the amount of the credit  allowed  under
    24  this subsection for the taxable year exceeds the taxpayer's tax for such
    25  year, the excess shall be treated as an overpayment of tax to be credit-
    26  ed  or refunded in accordance with the provisions of section six hundred
    27  eighty-six of this article, provided, however, that no interest will  be
    28  paid thereon.
    29    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    30  of the tax law is amended by adding a new  clause  (xlvii)  to  read  as
    31  follows:
    32  (xlvii) Restaurant return-to-work    Amount of credit under
    33  tax credit                           subdivision fifty-six of
    34                                       section two hundred ten-B
    35    § 6. This act shall take effect immediately.

    36                                  SUBPART C

    37    Section 1. The tax law is amended by adding a new section 24-c to read
    38  as follows:
    39    §  24-c.  New  York city musical and theatrical production tax credit.
    40  (a) (1) Allowance of credit. A taxpayer that is  a  qualified  New  York
    41  city  musical and theatrical production company, or is a sole proprietor
    42  of or a member of a partnership  that  is  a  qualified  New  York  city
    43  musical  and  theatrical  production company, and that is subject to tax
    44  under article nine-A or twenty-two of this chapter, shall be  allowed  a
    45  credit  against  such  tax,  pursuant  to  the provisions referred to in
    46  subdivision (d) of this section, and to be computed as provided in  this
    47  section.
    48    (2)  The  amount of the credit shall be the product (or pro rata share
    49  of the product, in the case of a member of a partnership) of twenty-five
    50  percent and the sum of the qualified production  expenditures  paid  for
    51  during  the  qualified New York city musical and theatrical production's
    52  credit period. Provided however that the amount  of  the  credit  cannot
    53  exceed five hundred thousand dollars per qualified New York city musical
    54  and theatrical production company.

        S. 2508--A                         137                        A. 3008--A

     1    (3)  No qualified production expenditures used by a taxpayer either as
     2  the basis for the allowance of the  credit  provided  pursuant  to  this
     3  section  or  used  in the calculation of the credit provided pursuant to
     4  this section shall be used by such taxpayer to claim  any  other  credit
     5  allowed pursuant to this chapter.
     6    (b)  Definitions.  As  used in this section, the following terms shall
     7  have the following meanings:
     8    (1) "Qualified musical and theatrical production" means  a  for-profit
     9  live,  dramatic  stage  presentation  that,  in its original or adaptive
    10  version, is performed in a qualified New York city production  facility,
    11  whether  or  not  such  production was performed in a qualified New York
    12  city production facility prior to March twelfth, two thousand twenty.
    13    (2) "Qualified production expenditure" means any  costs  for  tangible
    14  property  used  and services performed directly and predominantly in the
    15  production of a qualified musical and theatrical production  within  the
    16  city  of  New York, including: (i) expenditures for design, construction
    17  and operation, including sets, special  and  visual  effects,  costumes,
    18  wardrobes,  make-up, accessories and costs associated with sound, light-
    19  ing, and staging; (ii) all salaries, wages, fees, and other compensation
    20  including related benefits for services performed  of  which  the  total
    21  allowable  expense  shall  not  exceed  two hundred thousand dollars per
    22  week; and (iii) technical and crew production costs,  such  as  expendi-
    23  tures  for  a  qualified  New York city production facility, or any part
    24  thereof, props, make-up, wardrobe, costumes, equipment used for  special
    25  and  visual  effects,  sound  recording, set construction, and lighting.
    26  Qualified production expenditure does not  include  any  costs  incurred
    27  prior to March thirteenth, two thousand twenty.
    28    (3)  "Qualified  New  York  city production facility" means a facility
    29  located within the city  of  New  York  (i)  in  which  live  theatrical
    30  productions  are  or  are  intended to be primarily presented, (ii) that
    31  contains at least one stage, a seating capacity of five hundred or  more
    32  seats,  and dressing rooms, storage areas, and other ancillary amenities
    33  necessary for the qualified musical and theatrical production, and (iii)
    34  for which receipts attributable to ticket sales constitute  seventy-five
    35  percent or more of gross receipts of the facility.
    36    (4)  "Qualified New York city musical and theatrical production compa-
    37  ny" is a corporation, partnership, limited partnership, or other  entity
    38  or  individual which or who (i) is principally engaged in the production
    39  of a qualified musical or theatrical production that is to be  performed
    40  in  a qualified New York city production facility, and (ii) has expended
    41  at least one million dollars in qualified production expenditures on the
    42  qualified musical and theatrical production at the time of its  applica-
    43  tion  to the department of economic development for a tax credit certif-
    44  icate authorized under this section.
    45    (5) (i) "The credit period of a qualified New York  city  musical  and
    46  theatrical  production company" is the period starting on the production
    47  start date and ending on the earlier of December thirty-first, two thou-
    48  sand twenty-one  or  the  date  the  qualified  musical  and  theatrical
    49  production closes.
    50    (ii)  "The  production start date" is the date that is six weeks prior
    51  to the  first  performance  of  the  qualified  musical  and  theatrical
    52  production.
    53    (c)  The  credit shall be allowed for the taxable year beginning on or
    54  after January first, two thousand twenty-one but before  January  first,
    55  two thousand twenty-two.

        S. 2508--A                         138                        A. 3008--A

     1    (d)  Cross-references.  For  application of the credit provided for in
     2  this section, see the following provisions of this chapter:
     3    (1) article 9-A: section 210-B: subdivision 57;
     4    (2) article 22: section 606: subsection (mmm).
     5    (e)  Notwithstanding  any provision of this chapter, (i) employees and
     6  officers of the department of economic development  and  the  department
     7  shall  be  allowed  and  are  directed to share and exchange information
     8  regarding the credits applied for, allowed, or claimed pursuant to  this
     9  section  and  taxpayers who are applying for credits or who are claiming
    10  credits, including information contained in or derived from credit claim
    11  forms submitted to the department  and  applications  for  certification
    12  submitted  to  the  department  of  economic  development,  and (ii) the
    13  commissioner and the commissioner of the department of economic develop-
    14  ment may release the names and addresses of any qualified New York  city
    15  musical  and theatrical production company entitled to claim this credit
    16  and the amount of the credit earned by such company.
    17    (f) Maximum amount of credits. (1) The aggregate amount of tax credits
    18  allowed under this  section,  subdivision  fifty-seven  of  section  two
    19  hundred  ten-B  and  subsection (mmm) of section six hundred six of this
    20  chapter shall be twenty-five million dollars.  Such aggregate amount  of
    21  credits  shall  be  allocated  by the department of economic development
    22  among taxpayers in order of priority based upon the date  of  filing  an
    23  application  for  allocation of the New York city musical and theatrical
    24  production tax credit with such department.
    25    (2) The commissioner of economic development,  after  consulting  with
    26  the  commissioner,  shall promulgate regulations to establish procedures
    27  for the allocation of tax credits as  required  by  this  section.  Such
    28  rules  and  regulations shall include provisions describing the applica-
    29  tion process, the due dates for such applications,  the  standards  that
    30  will  be  used to evaluate the applications, the documentation that will
    31  be provided by applicants to substantiate to the department  the  amount
    32  of  qualified production expenditures of such applicants, and such other
    33  provisions as deemed  necessary  and  appropriate.  Notwithstanding  any
    34  other  provisions  to the contrary in the state administrative procedure
    35  act, such rules and regulations may be adopted on an emergency basis.
    36    (g) Any qualified New York  city  musical  and  theatrical  production
    37  company  that  performs in a qualified New York city production facility
    38  and applies to receive a credit under this section shall be required to:
    39  (1) participate in a New York state  diversity  and  arts  job  training
    40  program; (2) create and implement a plan to ensure that their production
    41  is  available  and accessible for low-or no-cost to low income New York-
    42  ers; and (3) contribute to the New  York  state  council  on  the  arts,
    43  cultural program fund an amount up to fifty percent of the total credits
    44  received  if  such  production company earns revenue prospectively after
    45  receipt of the credit that is at least equal to two hundred  percent  of
    46  its  production costs, with such amount payable from twenty-five percent
    47  of net operating profits, such amounts payable on a  monthly  basis,  up
    48  until  such  fifty  percent  of  the total credit amount is reached. Any
    49  funds deposited pursuant to this subdivision shall be used for arts  and
    50  cultural  educational  and  workforce development programs in-school and
    51  community-based organizations.
    52    § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
    53  sion 57 to read as follows:
    54    57.  New  York  city musical and theatrical production tax credit. (a)
    55  Allowance of credit. A  taxpayer  shall  be  allowed  a  credit,  to  be

        S. 2508--A                         139                        A. 3008--A

     1  computed  as  provided in section twenty-four-c of this chapter, against
     2  the taxes imposed by this article.
     3    (b)  Application  of credit. The credit allowed under this subdivision
     4  for the taxable year shall not reduce the tax due for such year to  less
     5  than  the  amount  prescribed  in  paragraph  (d)  of subdivision one of
     6  section two hundred ten of this article.   However,  if  the  amount  of
     7  credit  allowed  under this subdivision for the taxable year reduces the
     8  tax to such amount or if the taxpayer otherwise pays tax  based  on  the
     9  fixed dollar minimum amount, any amount of credit thus not deductible in
    10  such  taxable year shall be treated as an overpayment of tax to be cred-
    11  ited or refunded in accordance with the provisions of section one  thou-
    12  sand  eighty-six  of  this chapter. Provided, however, the provisions of
    13  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    14  notwithstanding, no interest shall be paid thereon.
    15    §  3. Section 606 of the tax law is amended by adding a new subsection
    16  (mmm) to read as follows:
    17    (mmm) New York city musical and theatrical production tax credit.  (1)
    18  Allowance  of  credit.  A  taxpayer  shall  be  allowed  a credit, to be
    19  computed as provided in section twenty-four-c of this  chapter,  against
    20  the tax imposed by this article.
    21    (2)  Application  of credit. If the amount of the credit allowed under
    22  this subsection for the taxable year exceeds the taxpayer's tax for such
    23  year, the excess shall be treated as an overpayment of tax to be credit-
    24  ed or refunded in accordance with the provisions of section six  hundred
    25  eighty-six of this article, provided, however, that no interest shall be
    26  paid thereon.
    27    §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    28  of the tax law is amended by adding a new clause  (xlviii)  to  read  as
    29  follows:
    30  (xlviii) New York city musical       Amount of credit under
    31  and theatrical production            subdivision fifty-seven of
    32  tax credit                           section two hundred ten-B
    33    § 5. The state finance law is amended by adding a new section 99-ii to
    34  read as follows:
    35    §  99-ii.  New York state arts and cultural programs fund. 1. There is
    36  hereby established in the joint custody of  the  state  comptroller  and
    37  commissioner  of  taxation and finance a special fund to be known as the
    38  "New York state arts and cultural program fund".
    39    2. Such fund shall consist of all  revenues  received  by  the  state,
    40  pursuant  to  the provisions of section twenty-four-c of the tax law and
    41  all other moneys appropriated thereto from  any  other  fund  or  source
    42  pursuant  to  law.  Nothing  contained in this section shall prevent the
    43  state from receiving grants, gifts or bequests for the purposes  of  the
    44  fund  as  defined  in  this  section  and  depositing them into the fund
    45  according to law.
    46    3. On or before the first day of February  two  thousand  twenty-four,
    47  the  commissioner  of  education  shall  provide a written report to the
    48  temporary president of the senate, the  speaker  of  the  assembly,  the
    49  chair  of  the  senate finance committee, the chair of the assembly ways
    50  and means committee, the chair of the senate committee  on  health,  the
    51  chair  of  the  assembly health committee, the state comptroller and the
    52  public. Such report shall include  how  the  monies  of  the  fund  were
    53  utilized during the preceding calendar year, and shall include:
    54    (a)  the amount of money dispersed from the fund and the award process
    55  used for such disbursements;
    56    (b) recipients of awards from the fund;

        S. 2508--A                         140                        A. 3008--A

     1    (c) the amount awarded to each;
     2    (d) the purposes for which such awards were granted; and
     3    (e) a summary financial plan for such monies which shall include esti-
     4  mates of all receipts and all disbursements for the current and succeed-
     5  ing  fiscal  years,  along with the actual results from the prior fiscal
     6  year.
     7    4. Moneys shall be payable from the fund on the audit and  warrant  of
     8  the  comptroller  on vouchers approved and certified by the commissioner
     9  of education.
    10    5. The moneys in such fund  shall  be  expended  for  the  purpose  of
    11  supplementing  art  and  cultural  programs for secondary and elementary
    12  children, including programs that increase access to  art  and  cultural
    13  programs and events for children in underserved communities.
    14    § 6. This act shall take effect immediately.
    15    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    16  sion,  section  or  part  of  this act shall be adjudged by any court of
    17  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    18  impair,  or  invalidate  the remainder thereof, but shall be confined in
    19  its operation to the clause, sentence, paragraph,  subdivision,  section
    20  or part thereof directly involved in the controversy in which such judg-
    21  ment shall have been rendered. It is hereby declared to be the intent of
    22  the  legislature  that  this  act  would  have been enacted even if such
    23  invalid provisions had not been included herein.
    24    § 3. This act shall take effect immediately  provided,  however,  that
    25  the  applicable effective date of Subparts A through C of this act shall
    26  be as specifically set forth in the last section of such Subparts.

    27                                   PART UU

    28    Section 1. Chapter 124 of the laws of 1952 relating to the charter  of
    29  the college retirement equities fund, is REPEALED.
    30    §  2.  Definitions. For purposes of this act the following terms shall
    31  have the following meanings:
    32    (a) "CREF" shall mean the College  Retirement  Equities  Fund,  formed
    33  pursuant  to chapter 124 of the laws of 1952 as a companion organization
    34  to TIAA (as defined in this act) for the issuance  of  variable  annuity
    35  contracts;
    36    (b) "CREF Board of Overseers" shall mean the individuals designated as
    37  overseers  of CREF, pursuant to chapter 124 of the laws of 1952, who are
    38  the sole members of CREF;
    39    (c) "Plan of Combination" shall mean the agreement and plan of  combi-
    40  nation  of  TIAA  and  CREF  adopted and approved in accordance with the
    41  provisions of this act;
    42    (d) "Superintendent" shall mean the superintendent  of  the  New  York
    43  State department of financial services;
    44    (e)  "TIAA"  shall mean the Teachers Insurance and Annuity Association
    45  of America, an insurance company formed pursuant  to  the  laws  of  New
    46  York;
    47    (f) "TIAA Board of Overseers" shall mean the corporation formed pursu-
    48  ant  to  chapter 880 of the laws of 1937, which is the sole owner of the
    49  issued and outstanding stock of TIAA; and
    50    (g) "TIAA Separate Account" shall mean the separate  account  of  TIAA
    51  created pursuant to the Plan of Combination.
    52    § 3. (a) Subject to the provisions of this act and the terms set forth
    53  in  the  Plan of Combination, CREF is hereby authorized and empowered to
    54  combine with TIAA, with TIAA continuing in existence  as  the  surviving

        S. 2508--A                         141                        A. 3008--A

     1  entity  following  such combination and with CREF ceasing to be a corpo-
     2  rate entity. TIAA shall continue  to  be  an  insurance  company  formed
     3  pursuant  to  the  laws  of  the  State of New York.   The TIAA Separate
     4  Account  shall be subject to the insurance law, and neither TIAA nor the
     5  TIAA Separate Account shall be subject to the not-for-profit corporation
     6  law. The TIAA board of overseers shall remain subject  to  the  not-for-
     7  profit corporation law.
     8    (b)  Such  combination  shall be deemed a merger under the laws of the
     9  State of New York, and shall be approved by not less than two-thirds  of
    10  the  individual  overseers  of  the  CREF Board of Overseers as the sole
    11  members of CREF, and not less than two-thirds of the individual  members
    12  of  the  TIAA Board of Overseers as the sole shareholder of TIAA. There-
    13  after, the Plan of Combination shall be submitted to the  superintendent
    14  for approval. Following the receipt of all necessary corporate and regu-
    15  latory approvals, including authorization by the TIAA and CREF Boards of
    16  Overseers  and TIAA and CREF boards of trustees, a certified copy of the
    17  Plan of Combination with the approval  of  the  superintendent  endorsed
    18  thereon  shall  be  filed in the office of the clerk of New York County,
    19  and upon such filing the combination shall become effective.
    20    § 4. (a) At the effective time of and pursuant to the Plan of Combina-
    21  tion, all assets and liabilities of CREF including causes of action  and
    22  defenses  thereto, shall vest by operation of law in TIAA, and all vari-
    23  able annuity contracts and certificates issued by CREF and in  force  at
    24  the effective time of the combination, shall be and become TIAA variable
    25  annuity  contracts  and  certificates  as  of  the effective time of the
    26  combination; provided, however, that at the effective time of the combi-
    27  nation (i) without further act or deed, the assets  and  liabilities  of
    28  CREF  relating to the outstanding variable annuity contracts and certif-
    29  icates of CREF shall immediately be assets and liabilities of and  allo-
    30  cated  to the TIAA Separate Account without such assets becoming general
    31  account assets of TIAA; and (ii) each investment account of  CREF  imme-
    32  diately  prior  to  the combination shall comprise an investment sub-ac-
    33  count of the TIAA Separate Account, with the assets and  liabilities  of
    34  each  such  investment  account vesting immediately and directly in that
    35  investment sub-account.
    36    (b) At the effective time, TIAA shall assume the  obligations  of  the
    37  CREF  contracts  and certificates, and all holders of CREF contracts and
    38  certificates shall be notified of the combination.
    39    (c) At all times the assets of the TIAA Separate Account, and of  each
    40  investment  sub-account,  shall  be  segregated  from  the assets of the
    41  general account of TIAA and any other TIAA separate account and  invest-
    42  ment  sub-account.    That  portion  of  the assets of the TIAA Separate
    43  Account, and of each investment sub-account, not exceeding the  reserves
    44  and other contract liabilities with respect to the TIAA Separate Account
    45  and  each  investment  sub-account, shall not be chargeable with liabil-
    46  ities arising out of any other business of TIAA. The income,  gains  and
    47  losses, whether or not realized, from assets allocated to the TIAA Sepa-
    48  rate  Account,  and each investment sub-account, shall be credited to or
    49  charged against the TIAA Separate Account and  each  investment  sub-ac-
    50  count without regard to other income, gains or losses of TIAA.
    51    §  5.  This act shall take effect immediately; provided, however, that
    52  section one of this act shall take effect at the effective time  of  the
    53  combination,  and provided further, that the superintendent shall notify
    54  the legislative bill drafting commission upon  the  occurrence  of  such
    55  effective time in order that the commission may maintain an accurate and
    56  timely  database  of  the  official text of the laws of the State of New

        S. 2508--A                         142                        A. 3008--A

     1  York in furtherance of effectuating the provisions of section 44 of  the
     2  legislative law and section 70-b of the public officers law.

     3                                   PART VV

     4    Section  1.  Short  title. This act shall be known and may be cited as
     5  the "New York state canal system revitalization act".
     6    § 2. Legislative findings and statement of purposes. 1.  The  legisla-
     7  ture hereby finds, determines and declares:
     8    (a) that the New York state canal system, which once served as a vital
     9  thoroughfare  for  freight  and  other  commerce,  supports virtually no
    10  commercial shipping activity today;
    11    (b) that  much  of  the  canal  system's  century-old  infrastructure,
    12  designed  to  accommodate  the  passage  of large commercial vessels, is
    13  antiquated and deteriorating;
    14    (c) that despite the absence of commercial shipping traffic in  almost
    15  all  portions  of  the canal system, the state and its instrumentalities
    16  continue to expend substantial sums  of  money  to  maintain  the  canal
    17  system  and  its  aged  water  control  infrastructure  for the system's
    18  original purpose;
    19    (d) that flooding and ice jams within and around portions of the canal
    20  system have caused substantial damage  to  nearby  communities  and  the
    21  canal system itself, and without appropriate intervention, such flooding
    22  and  ice  jams,  exacerbated  by the effects of climate change and other
    23  phenomena, will continue to pose a threat to property and people;
    24    (e) that the canal system's water  control  infrastructure  was  never
    25  intended to address such threats from flooding and ice jams;
    26    (f) that aquatic invasive species have over time penetrated New York's
    27  waterways  and  pose a serious and growing threat to recreational users,
    28  fisheries, property owners, water supplies and waterbody ecosystems;
    29    (g) that the absence of a natural aquifer and  conditions  related  to
    30  climate change have contributed to increasingly frequent droughts in the
    31  western  part  of the state, impacting a vital part of the state's agri-
    32  culture industry, inhibiting its competitive position and  limiting  the
    33  type and amount of crops that can be reliably produced;
    34    (h)  that  while  the  canal  system  has in recent years emerged as a
    35  resource for recreation and tourism, the state  has  not  exploited  the
    36  full  potential  of  the canal system, its infrastructure and its unique
    37  historic, cultural and water resources for the benefit of the people  of
    38  the state;
    39    (i)  that  a  public  purpose would be served and the interests of the
    40  people of the state would be promoted by  reimagining  and  revitalizing
    41  the  New York state canal system, including the Erie canal, as a twenty-
    42  first century waterway whose resources can be deployed to address  crit-
    43  ical issues of public importance, including without limitation, mitigat-
    44  ing  the  occurrence  of  flooding,  ice  jams  and  drought  and  their
    45  destructive impacts;  protecting,  restoring,  creating  and  sustaining
    46  aquatic  habitat  in  the  state;  leveraging  the canal system's unique
    47  history, culture and natural resources to activate  local  and  regional
    48  economies  and  industries; expanding economic development opportunities
    49  and stimulating job growth; and improving the quality  of  life  of  the
    50  people  of  New York by, among other things, celebrating, connecting and
    51  expanding canal-related destination points, such as  parks,  trails  and
    52  recreational  activities  as  well as canal-side community amenities and
    53  other attractions.

        S. 2508--A                         143                        A. 3008--A

     1    2. The legislature further  finds,  determines  and  declares  that  a
     2  public  purpose  would  be served and the interests of the people of the
     3  state would be served by creating pursuant to this act a public  benefit
     4  corporation,  known  as  the  New York state canal system revitalization
     5  trust,  to  serve as a focal point for the receipt and administration of
     6  gifts, donations and grants of money, real  and  personal  property  and
     7  other things of value made for the purpose of supporting the revitaliza-
     8  tion  of the New York state canal system, using the powers and authority
     9  delegated to it by this act, lessening the  burdens  of  government  and
    10  acting in the public interest.
    11    3.  The  legislature  further  finds, determines and declares that the
    12  creation of the New York state canal system  revitalization  trust,  and
    13  the  exercise  of  its  powers and authority and the carrying out of its
    14  corporate purposes is in all respects for the benefit of the  people  of
    15  the  state of New York, and in furtherance of their welfare and prosper-
    16  ity.
    17    § 3. The section heading and  paragraph  (a)  of  subdivision  one  of
    18  section  1005-c of the public authorities law, as added by section 23 of
    19  part TT of chapter 54 of the laws  of  2016,  are  amended  to  read  as
    20  follows:
    21    Additional  powers  of  the authority [to finance certain projects] in
    22  connection with the New York state canal system.
    23    (a) The authority is hereby authorized,  as  an  additional  corporate
    24  purpose  thereof,  to  issue  its  bonds,  notes  and other evidences of
    25  indebtedness in conformity with applicable  provisions  of  the  uniform
    26  commercial  code  for  purposes  of  financing  the construction, recon-
    27  struction, development and improvement  of  the  New  York  state  canal
    28  system,  and  the  revitalization of the canal system and its use by the
    29  public.
    30    § 4. Section 1005-c of the public authorities law is amended by adding
    31  a new subdivision 4 to read as follows:
    32    4. The authority is authorized to:
    33    (a) Subject to agreements with  noteholders  or  bondholders,  provide
    34  grants  and  other  forms  of  financial support, as deemed feasible and
    35  advisable by the trustees, for projects, programs and purposes  that  in
    36  the  trustees'  judgment will promote the purposes of the New York state
    37  canal system revitalization act.
    38    (b) Establish advisory committees and appoint members thereto for  the
    39  purpose of providing the authority, canal corporation and New York state
    40  canal system revitalization trust with advice and recommendations on all
    41  matters  submitted to such committees, soliciting input from stakeholder
    42  communities and other interested parties on  canal  system  initiatives,
    43  and  coordinating the activities of the authority, canal corporation and
    44  New York state canal system revitalization trust with stakeholder commu-
    45  nities and other  interested  parties.  Members  of  any  such  advisory
    46  committee shall serve without salary but shall be entitled to reimburse-
    47  ment  for  their  actual  and  necessary travel expenses incurred in the
    48  performance of their official duties.
    49    (c) Provide advice to local governments and officials, including stra-
    50  tegies to leverage the value of canal system resources in local land use
    51  and planning and opportunities to partner with public and private stake-
    52  holders to achieve the objectives of local land-use goals  and  the  New
    53  York state canal system revitalization act.
    54    (d)  Review  and  comment  on  the  plans of federal, state, local and
    55  private entities and persons as they may relate to the canal system  and
    56  the objectives of the New York state canal system revitalization act.

        S. 2508--A                         144                        A. 3008--A

     1    (e)  Plan,  establish  and/or support the development and operation of
     2  facilities within or outside the canal system that would in the authori-
     3  ty's judgment promote use of the canal system by the  public,  including
     4  without  limitation  tourism,  educational, hospitality and recreational
     5  facilities,  and  to fix and collect fees, rents and charges for the use
     6  of such facilities.
     7    (f)  Design  and  implement  volunteerism,  fundraising,  educational,
     8  outreach  and  branding  programs  relating to the canal system, related
     9  facilities and their potential uses.
    10    § 5. Article 13-A of the canal law is REPEALED and a new article  13-A
    11  is added to read as follows:
    12                               ARTICLE XIII-A
    13              NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST

    14  Section 138-a. Definitions.
    15          138-b. New York state canal system revitalization trust.
    16          138-c. Purposes and powers of the trust corporation.
    17          138-d. Temporary  assignment and transfer of employees and other
    18                   assistance.
    19          138-e. Monies of the trust corporation.
    20          138-f. Creation of trust a public purpose.
    21          138-g. Payments in lieu of taxes.
    22          138-h. Members and employees not to profit.
    23          138-i. Actions against the trust.

    24    § 138-a. Definitions. As used  or  referred  to  in  this  title,  the
    25  following  terms  shall  have  the following meanings unless the context
    26  clearly requires otherwise:
    27    1. The term "act" shall mean the New York state canal system revitali-
    28  zation act which added this article.
    29    2. The term "board" shall mean the members of the trust corporation.
    30    3. The term "trust" or "trust corporation" shall mean the public bene-
    31  fit corporation created by this article.
    32    § 138-b. New York state canal system revitalization trust. 1. The  New
    33  York  state  canal  system  revitalization  trust is hereby created. The
    34  trust shall be a body corporate and politic constituting a public  bene-
    35  fit corporation and its existence shall commence upon the appointment of
    36  the  members  as herein provided. The trust corporation shall consist of
    37  the following members:
    38    (a) the chief executive officer of the authority or his or her  desig-
    39  nee,  the  commissioner  of economic development or his or her designee,
    40  and the commissioner of environmental conservation or his or her  desig-
    41  nee; and
    42    (b)  nine individual members with knowledge of subject matter relevant
    43  to canal system revitalization purposes, including, without  limitation,
    44  economic  development and planning, tourism, engineering, outdoor recre-
    45  ation, historic preservation, commercial farming and/or aquatic  ecosys-
    46  tems. The nine individual members shall be appointed by the governor, of
    47  whom  three  shall  be  appointed on the recommendation of the temporary
    48  president of the senate and three shall be appointed on the  recommenda-
    49  tion  of the speaker of the assembly, and shall serve at the pleasure of
    50  the governor; provided,  however,  that  up  to  three  of  the  initial
    51  appointments  to  the  trust  may  be reserved for persons who served as
    52  members of the canal recreationway commission during the year  preceding
    53  the  effective date of this article. In appointing members to the trust,

        S. 2508--A                         145                        A. 3008--A

     1  the governor shall ensure reasonable representation from  regions  adja-
     2  cent to or in the vicinity of the canal system.
     3    2. Members of the commission, except commissioners or chief executives
     4  of  public  authorities, shall serve for a term of four years and may be
     5  reappointed; provided, however, of those  members  appointed  initially,
     6  three  such members, one appointed by the governor, one appointed on the
     7  recommendation of  the  temporary  president  of  the  senate,  and  one
     8  appointed  on the recommendation of the speaker of the assembly shall be
     9  appointed for terms of two years, and three such members, one  appointed
    10  by  the  governor,  one appointed on the recommendation of the temporary
    11  president of the senate, and one appointed on the recommendation of  the
    12  speaker of the assembly shall be appointed for terms of three years. Any
    13  vacancy  in the trust shall be filled for the unexpired term in the same
    14  manner as the original appointment. The governor shall designate members
    15  of the trust to serve as chair and vice-chair of the trust.
    16    3. The powers of the trust shall be  vested  in  and  exercised  by  a
    17  majority  of  the  members thereof and each member of the trust shall be
    18  entitled to one vote on all matters voted on by the trust.
    19    4. Members of the trust shall serve without compensation but shall  be
    20  entitled  to  reimbursement  of  their  actual  and  necessary  expenses
    21  incurred in the performance of their official duties. No member  of  the
    22  trust  shall  be  disqualified  from  holding any other public office or
    23  employment, nor shall he or she forfeit any such office  or  employment,
    24  by  reason  of  his  or her membership on the trust, notwithstanding the
    25  provisions of any general, special or local law or  local  ordinance  or
    26  charter.
    27    5.  The  trust and its corporate existence shall continue until termi-
    28  nated by law, provided, however, that no such law shall take  effect  so
    29  long  as  the  trust shall have obligations outstanding, unless adequate
    30  provision has been made for the payment thereof.   Upon  termination  of
    31  the  existence of the trust, all its rights and properties shall vest in
    32  the state.
    33    § 138-c. Purposes and powers of the trust corporation. The purpose  of
    34  the trust corporation shall be to serve as a focal point for the receipt
    35  and  administration of public and private gifts, devises and bequests of
    36  money, rights and interests in real and  personal  property,  and  other
    37  things of value donated to further the purposes of the act, specifically
    38  the  revitalization  of the New York state canal system for the purposes
    39  of addressing current issues of  public  importance,  including  without
    40  limitation, mitigating the occurrence of flooding and ice jams and their
    41  destructive  impacts;  protecting,  restoring,  creating  and sustaining
    42  aquatic habitat in the  state;  leveraging  the  canal  system's  unique
    43  history,  culture  and  natural resources to activate local and regional
    44  economies and industries; expanding economic  development  opportunities
    45  and  stimulate  job  growth;  and  improving  the quality of life of the
    46  people of New York by, among other things, celebrating,  connecting  and
    47  expanding  canal-related  destination  points, such as parks, trails and
    48  recreational activities as well as canal-side  community  amenities  and
    49  other attractions (collectively, "revitalization purposes"). In further-
    50  ance  of  the  revitalization purposes, the corporation is encouraged to
    51  consider the contents of the canal recreationway plan existing as of the
    52  effective date of this article;  the  adaptive  reuse  of  canal  system
    53  infrastructure;  the recovery and adaptive reuse of vacant and abandoned
    54  structures and other property within or in close proximity to the  canal
    55  system;  strategies  that will serve to link canal system resources with
    56  nearby communities, including without  limitation  underserved  communi-

        S. 2508--A                         146                        A. 3008--A

     1  ties,  existing  parks, trails and other public areas for the purpose of
     2  increasing access to  and  the  enjoyment  of  canal-related  resources,
     3  creating  multi-purpose venues for residents and visitors, and enhancing
     4  tourism;  and  the  use  of  public-private  partnerships  as a means to
     5  achieve said revitalization purposes. To carry out  said  revitalization
     6  purposes, the corporation shall have power to:
     7    1.  Accept  gifts,  devises  and bequests, including money, rights and
     8  interests in real and personal property,  tangible  or  intangible,  and
     9  other things of value for any of its corporate purposes, and to adminis-
    10  ter  and  disburse gifts, devises and bequests, money, rights and inter-
    11  ests in real and personal property and other things  of  value  for  any
    12  purpose that is consistent with the revitalization purposes.
    13    2. Acquire rights and interests in real property by purchase, gift, or
    14  bequest,  or  by  exchange  of  real property previously acquired by the
    15  trust and under its jurisdiction, and enter into  agreements  and  other
    16  authorizations,  including  leases  and  licenses,  for the acquisition,
    17  transfer, swap, management, or use of real  property,  for  any  purpose
    18  that is consistent with the revitalization purposes.
    19    3.  Acquire  rights  and  interests  in personal property, tangible or
    20  intangible, by purchase, gift, or bequest, or by  exchange  of  personal
    21  property  previously  acquired  by the trust and under its jurisdiction,
    22  and enter into agreements and other understandings for the  acquisition,
    23  transfer,  swap, management, or use of personal property for any purpose
    24  that is consistent with its corporate purposes.
    25    4. Acquire, in the name of the people of the state of New York, rights
    26  and interests in real property, including title by  purchase,  gift,  or
    27  bequest,  or  by  exchange of lands previously acquired by the trust and
    28  under its jurisdiction, or by easement for the conservation,  management
    29  and  preservation  of open space characterized by natural scenic beauty,
    30  heritage, natural resource values or conditions enhancing regional qual-
    31  ities of the canal system, for any purpose that is consistent  with  the
    32  revitalization purposes.
    33    5. Transfer jurisdiction and control of rights or interests in real or
    34  personal  property  acquired  by  the trust to the canal corporation for
    35  inclusion in the canal system, or to the office of parks, recreation and
    36  historic preservation, the department of environmental conservation, the
    37  secretary of state, or other public entity  with  its  consent  for  any
    38  purpose  that  is  consistent  with the revitalization purposes and with
    39  prior approval of the director of the budget.
    40    6. Accept the transfer of funds from, and  transfer  funds  to,  state
    41  agencies and state public authorities for revitalization purposes.
    42    7.  To  undertake  any  work, including the furnishing of services and
    43  materials, required to manage, preserve, restore,  maintain  or  improve
    44  any  real  or  personal  property  under  its  jurisdiction  and, in its
    45  discretion, at the request of the authority, canal  corporation,  office
    46  of  parks,  recreation  and  historic preservation, department of state,
    47  department of transportation, or the department of environmental conser-
    48  vation, upon real or personal property under  the  jurisdiction  of  the
    49  requesting  agency,  after prior approval of the director of the budget,
    50  for any purpose that is consistent with the revitalization purposes.
    51    8. To undertake research,  studies  and  analyses,  and  make  reports
    52  relating to any of the revitalization purposes.
    53    9.  To  sell  and  convey  any  real or personal property or rights or
    54  interests therein acquired by and under the jurisdiction  of  the  trust
    55  and  surplus  to  its  needs, provided such sale and conveyance does not

        S. 2508--A                         147                        A. 3008--A

     1  contravene the terms or conditions of any gift, devise or  bequest,  and
     2  to retain the proceeds derived therefrom for its corporate purposes.
     3    10.  To  make  grants  of  money, real and personal property and other
     4  things of value to corporations, associations, non-profit organizations,
     5  academic  institutions,  local  governments  and  other  persons   under
     6  programs  created by trust for any purpose that is consistent with revi-
     7  talization purposes.
     8    11. Subject to available funds, to appoint and employ  such  officers,
     9  employees  and  staff  and  to  retain  such  professional and technical
    10  assistance and advice as it deems necessary to carry out  its  corporate
    11  purposes.
    12    12.  To  participate  and  cooperate  with  public and private parties
    13  having mutual interests in projects and  programs  intended  to  advance
    14  revitalization purposes.
    15    13.  To make and execute contracts and all other instruments necessary
    16  or convenient for the exercise of its powers and functions.
    17    14. To apply to the federal government or any agency thereof  for  the
    18  purpose  of obtaining such status under the internal revenue code as the
    19  corporation determines  to  be  appropriate  to  support  its  corporate
    20  purposes and the purposes of the act.
    21    15.  To  administer,  manage,  or  operate  any property the rights or
    22  interests of which have been acquired by the trust and to retain for its
    23  corporate purposes any receipts, revenue  or  income  derived  therefrom
    24  during the pendency of such transfer.
    25    16. To establish a public website.
    26    17.  Create  and  administer  programs  that  are designed to increase
    27  public access to the canal system, including without  limitation  access
    28  for  disabled  persons  and  residents of underserved communities in the
    29  state.
    30    18. To sue and be sued.
    31    19. To have a seal and alter the same at pleasure.
    32    20. To do all things necessary or convenient to carry out  its  corpo-
    33  rate purposes.
    34    §  138-d.  Temporary  assignment  and  transfer of employees and other
    35  assistance. 1.   Whenever in the opinion of  the  trust  corporation  it
    36  would  be  in the public interest, the trust corporation may request the
    37  canal corporation, the authority,  or  any  state  public  authority  or
    38  public  benefit corporation, and after prior approval of the director of
    39  the budget, any board, commission, agency or department of the state  or
    40  any  of  its  political  subdivisions,  for the temporary assignment and
    41  transfer of employees to the trust corporation to help the trust  corpo-
    42  ration  carry  out its public purposes, and said entities may, if in its
    43  opinion such transfer will not interfere with  the  performance  of  its
    44  duties  and functions, provide such temporary assignment and transfer of
    45  said employees to the trust for the purposes described. Such  assignment
    46  and  transfer or extension shall not in any way affect the civil service
    47  status, continuity of service, retirement plan status, right to  compen-
    48  sation,  grade  or  compensation  or  other  rights or privileges of any
    49  employee so transferred.
    50    2. The authority, the canal corporation, and all other state officers,
    51  departments, boards, divisions, commissions, public authorities,  public
    52  benefit corporations and political subdivisions are hereby authorized to
    53  provide  such  assistance  to  the  corporation  within their respective
    54  authority and functions as the corporation may request in order to carry
    55  out its purposes and duties.

        S. 2508--A                         148                        A. 3008--A

     1    § 138-e. Monies of the trust corporation. 1. The moneys of  the  trust
     2  shall  be  retained  by  it  and deposited in a general account and such
     3  other accounts as the trust may deem necessary for  the  transaction  of
     4  its  business,  and  shall be paid out on checks or other authorizations
     5  signed  by the chairperson of the trust corporation and/or by such other
     6  members or officers as the trust corporation may authorize.
     7    2. The comptroller of the state and  his  or  her  legally  authorized
     8  representatives are hereby authorized and empowered from time to time to
     9  examine  the  accounts  and  books  of the trust including its receipts,
    10  disbursements, contracts, investments and any other matters relating  to
    11  its financial standing.
    12    3. The trust corporation shall submit to the governor, the chairperson
    13  of  the  senate  finance committee, the chairperson of the assembly ways
    14  and means committee and the state comptroller, within ninety days  after
    15  the  end of its fiscal year, a complete and detailed report of its oper-
    16  ations and accomplishments,  its  receipts  and  disbursements  and  its
    17  assets  and  liabilities, and shall publish a copy of such report on its
    18  public website.
    19    § 138-f. Creation of trust a  public  purpose.  It  is  hereby  found,
    20  determined  and  declared  that the creation of the New York state canal
    21  system revitalization trust  and  the  carrying  out  of  its  corporate
    22  purposes  is  in all respects for the benefit of the people of the state
    23  of New York, for the revitalization of the New York state  canal  system
    24  and  in  furtherance  of  their  welfare and prosperity, and is a public
    25  purpose, in that the trust will be performing an essential  governmental
    26  function  in the exercise of the powers conferred upon it by this title,
    27  and in furtherance of same, the income, monies, operations  and  proper-
    28  ties of the trust shall be exempt from taxation, including without limi-
    29  tation  any and all state and local income, franchise, transfer, record-
    30  ing, real property and sales taxation and any assessments of payments in
    31  lieu of taxes. In addition, all contributions of money, rights or inter-
    32  ests in real and personal property and other things of value made to the
    33  corporation  whether  by  gift,  devise  or  bequest  shall  qualify  as
    34  deductions  in  computing  the  net  taxable income of the donor for the
    35  purposes of any income tax imposed by the state or any political  subdi-
    36  vision thereof and for federal income tax purposes to the extent permit-
    37  ted under federal law or regulation.
    38    §  138-g.  Payments  in  lieu  of taxes. The trust may, when funds are
    39  available and the corporation's board finds it feasible  and  advisable,
    40  and  with  the  approval  of  the  director of the budget, enter into an
    41  agreement with a municipality or district within which real property has
    42  been acquired by the trust, providing for the payment of moneys in  lieu
    43  of  anticipated tax revenues for a period not to exceed five years when-
    44  ever the trust shall  determine  that  undue  hardship  justifying  such
    45  financial relief has been created by such acquisition.
    46    §  138-h.  Members  and employees not to profit. No officer, member or
    47  employee of the trust shall receive  or  may  be  lawfully  entitled  to
    48  receive  any  pecuniary  profit  from  the operation thereof except that
    49  employees of the corporation, if any, may receive compensation  for  the
    50  performance of their duties as an employee of the corporation.
    51    §  138-i.  Actions against the trust. Except in an action for wrongful
    52  death, an action  against  the  trust  founded  on  tort  shall  not  be
    53  commenced  more  than one year and ninety days after the cause of action
    54  therefor shall have accrued, nor unless a notice  of  claim  shall  have
    55  been  served  on the trust within the time limited by, and in compliance
    56  with all the requirements of section fifty-e of  the  general  municipal

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     1  law.  An  action against the trust for wrongful death shall be commenced
     2  in accordance with the notice of claim and time limitation provisions of
     3  title eleven of article nine of the public authorities law.
     4    § 6. Subdivision 20 of section 2 of the canal law, as added by chapter
     5  766  of the laws of 1992 and as renumbered by chapter 335 of the laws of
     6  2001, is amended to read as follows:
     7    20.  ["Commission"  shall  mean  the  canal  recreationway  commission
     8  created  pursuant to section one hundred thirty-eight-a of this chapter]
     9  "Trust corporation" shall mean the New York state canal system revitali-
    10  zation trust.
    11    § 7. Subdivision 2 of section 11 of the canal law, as added by chapter
    12  167 of the laws of 2002, is amended to read as follows:
    13    2. Notwithstanding any inconsistent provision of law, the corporation,
    14  authority, and [commission] trust corporation,  including  any  members,
    15  officers  or employees thereof, shall not be liable for damages suffered
    16  by any persons and/or organizations resulting from any actions or activ-
    17  ities of such volunteers and/or volunteer organizations.
    18    § 8. Section 51 of the canal law, as amended by chapter 44 of the laws
    19  of 2009, is amended to read as follows:
    20    § 51. Method of abandonment. Prior to the exercising of such authority
    21  of abandonment, however, the corporation shall cause  a  notice  of  any
    22  proposed  abandonment  to  be  [transmitted to the commission and to be]
    23  published once each week for  three  successive  weeks  in  a  newspaper
    24  published in the county wherein such lands are located, except that such
    25  publication shall appear in a newspaper published in the municipality or
    26  locality  wherein  such  lands  are  located  when  there is a newspaper
    27  published in such municipality or locality. Such notice  shall  describe
    28  the lands proposed to be abandoned with sufficient certainty to identify
    29  them  and  invite  interested  parties to file written statements either
    30  supporting or opposing the proposed abandonment. Upon the expiration  of
    31  the  period  of  publishing  said  notice,  when it is the case that the
    32  assessment for such lands proposed for abandonment is equal to or great-
    33  er than fifty thousand dollars, the corporation shall hold a hearing  at
    34  which  evidence  or further information may be submitted. A record shall
    35  be made of all evidence submitted at such hearing. If no  hearing  shall
    36  appear to the corporation to be warranted or subsequent to such hearing,
    37  should  one  be held, the corporation may in its discretion declare such
    38  lands abandoned for the purposes of the canal  system.  The  corporation
    39  shall  thereupon  issue an official order abandoning the lands for canal
    40  purposes together with a map and description of the lands abandoned  and
    41  dispose  of  any portion of canal lands so abandoned. Any money realized
    42  from the sale of such land shall be deposited into the canal fund.
    43    § 9. Section 55 of the canal law, as amended by  chapter  335  of  the
    44  laws of 2001, is amended to read as follows:
    45    §  55.  Authority  to lease land. 1. The corporation is hereby author-
    46  ized[, after review and comment by the commission as to consistency with
    47  the canal recreationway plan approved pursuant to  section  one  hundred
    48  thirty-eight-c  of  this chapter and section three hundred eighty-two of
    49  the public authorities law,] to enter into leases of canal lands,  canal
    50  terminals, and canal terminal lands [which are consistent with the canal
    51  recreationway plan. Such review and comment shall be provided within the
    52  time  period  set  forth in the procedures of the commission established
    53  pursuant to section one hundred thirty-eight-b  of  this  chapter  which
    54  shall  be  no more than sixty days].  The corporation shall give the New
    55  York state canal system revitalization trust notice of  any  such  lease

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     1  within sixty days of the date the lease is executed by the parties ther-
     2  eto for the purpose of keeping such trust informed of such matters.
     3    2.  Lands  to be leased shall be determined by the corporation to have
     4  no essential purpose for navigation.
     5    3. [Leases of canal lands, canal terminals and  canal  terminal  lands
     6  shall be for purposes which are consistent with the New York state canal
     7  recreationway  plan  approved  pursuant  to  section one hundred thirty-
     8  eight-c of this chapter and section  three  hundred  eighty-two  of  the
     9  public authorities law.]
    10    [4.]  The  corporation shall consider fully completed applications for
    11  leases of canal lands, canal terminals and canal terminal lands in  such
    12  form and manner as the corporation shall prescribe.
    13    [5.]  4.  Canal lands, canal terminals and canal terminal lands within
    14  the Adirondack park shall not be leased.
    15    [6.] 5. The corporation shall provide assistance, including reasonable
    16  access to lands, as may be necessary to assist potential  applicants  in
    17  preparing an application.
    18    [7.]  6.  The  corporation  may  require  an  applicant for a lease to
    19  provide necessary property  surveys,  environmental  studies,  maps  and
    20  photographs,  site  plans  and  such  other documents and studies as the
    21  corporation may determine to be necessary [to ascertain the compatibili-
    22  ty of proposed development with the New York state  canal  recreationway
    23  plan] and for the corporation to select a qualified lessee.
    24    [8.]  7. Revenues realized from the lease of canal lands, canal termi-
    25  nals and canal terminal lands shall be deposited into the canal fund.
    26    § 10. Subdivision 6 of section 56 of the  canal  law,  as  amended  by
    27  chapter 335 of the laws of 2001, is amended to read as follows:
    28    6.  provisions  providing a right of entry for [commission and] corpo-
    29  ration members and personnel and equipment for canal purposes; and
    30    § 11. Section 57 of the canal law is REPEALED.
    31    § 12. Subdivision 24 of section 10 of the canal  law,  as  amended  by
    32  chapter 335 of the laws of 2001, is amended to read as follows:
    33    24.  Prepare  on an annual basis a detailed five-year capital plan for
    34  the maintenance and improvement of canal infrastructure. Such plan shall
    35  set system-wide goals and objectives for capital spending and[, commenc-
    36  ing January first, nineteen hundred ninety-five]  after  January  first,
    37  two thousand twenty-two, describe the compatibility of such plan [to the
    38  canal  recreationway plan approved pursuant to section one hundred thir-
    39  ty-eight-c of this chapter] with canal system revitalization purposes as
    40  stated in section one hundred thirty-eight-c of this chapter. Such  plan
    41  shall  include  but not be limited to such capital project categories as
    42  locks, canal bridges, channels, shorelines, dams, guard gates, and other
    43  structures necessary for safe and  successful  operation  of  the  canal
    44  system.  The  plan shall also include a detailed schedule of all capital
    45  projects which the authority intends to undertake within the  next  five
    46  years  and shall provide the following information for each such capital
    47  project: (a) a description of the project;  (b)  an  indication  of  the
    48  category into which the project has been classified in the capital plan;
    49  (c) the estimated total cost of the project and expenditures by year for
    50  such  project;  (d)  the  actual  disbursements by project for the prior
    51  year; and (e) the estimated dates of project initiation and  completion.
    52  The  plan shall also include a statement of the mix of financing methods
    53  to be used by the authority for financing the capital plan. The  capital
    54  plan  shall be submitted to the governor, the temporary president of the
    55  senate and the speaker of the assembly on the first day  of  January  of
    56  each year [commencing in nineteen hundred ninety-three].

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     1    §  13.  Subdivision  1  of section 103 of the canal law, as amended by
     2  chapter 335 of the laws of 2001, is amended to read as follows:
     3    1.  The  corporation  shall  have  the  power  to impose tolls for the
     4  passage through locks and lift bridges by vessels which are propelled in
     5  whole or in part by mechanical power, and to collect such tolls  by  the
     6  sale  of  lock and lift bridge passes issued for such periods of time as
     7  the corporation shall determine. Tolls for such  lock  and  lift  bridge
     8  passes  shall  be established by regulation of the corporation [with the
     9  advice of the canal recreationway commission and following no fewer than
    10  two public hearings at geographically dispersed locations on  the  canal
    11  system.  In  addition, the corporation may provide by regulation for the
    12  sale of lock and lift bridge passes by any other entity, and may allow a
    13  charge for handling by such other entities not to exceed one dollar  for
    14  each pass. No tolls shall be imposed or collected prior to the first day
    15  of  April,  nineteen  hundred  ninety-three]  or by formal action of the
    16  corporation board. Vessels owned by  the  United  States,  a  state,  or
    17  subdivision  thereof shall be exempted from the tolls authorized by this
    18  section.
    19    § 14. Paragraph 2 of subdivision (a) of section 168  of  the  economic
    20  development  law,  as  amended  by  chapter  33  of the laws of 2006, is
    21  amended to read as follows:
    22    (2) the chairman or his or her designated representative  of  the  New
    23  York  state  thruway  authority,  the  New York power authority, and the
    24  tourism advisory council, the New York state council on  the  arts,  the
    25  canal  corporation,  [the  canal  recreationway commission,] the Olympic
    26  regional development authority, and the Hudson River park trust;
    27    § 15. Paragraph (m) of subdivision 9 of section 1005-b of  the  public
    28  authorities  law, as added by section 22 of part TT of chapter 54 of the
    29  laws of 2016, is amended to read as follows:
    30    (m) [approve and implement the New York state canal recreationway plan
    31  submitted pursuant to section one hundred thirty-eight-c  of  the  canal
    32  law.  The  canal  corporation's review and approval of the canal recrea-
    33  tionway plan shall be based upon its consideration of a generic environ-
    34  mental impact statement prepared by the canal corporation in  accordance
    35  with  article  eight of the environmental conservation law and the regu-
    36  lations thereunder. Prior] prior to the implementation of  any  substan-
    37  tial  improvement  by the canal corporation on canal lands, canal termi-
    38  nals, or canal terminal lands,  or  the  lease  of  canal  lands,  canal
    39  terminals,  or  canal terminal lands for substantial commercial improve-
    40  ment, the canal corporation, [in addition to any review  taken  pursuant
    41  to]  comply  with  section  14.09  of the parks, recreation and historic
    42  preservation law[, shall conduct a reconnaissance  level  survey  within
    43  three  thousand feet of such lands to be improved of the type, location,
    44  and significance of historic buildings, sites, and districts listed  on,
    45  or which may be eligible, for the state or national registers of histor-
    46  ic places. The findings of such survey shall be used to identify signif-
    47  icant  historical  resources  and  to  determine  whether  the  proposed
    48  improvements are compatible with such  historic  buildings,  sites,  and
    49  districts];
    50    §  16. Subdivision 10 of section 1005-b of the public authorities law,
    51  as added by section 22 of part TT of chapter 54 of the laws of 2016,  is
    52  amended as follows:
    53    10. [(a) The canal corporation shall review the budget request submit-
    54  ted  by  the  canal  recreationway  commission  pursuant  to section one
    55  hundred thirty-eight-b of the canal law.

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     1    (b)] The canal corporation, on or before the fifteenth day of  Septem-
     2  ber  of  each year, shall submit to the director of the budget a request
     3  for the expenditure of funds available from the  New  York  state  canal
     4  system  development  fund  pursuant to section ninety-two-u of the state
     5  finance law or available from any other non-federal sources appropriated
     6  from the state treasury.
     7    [(c)  In the event that the request submitted by the canal corporation
     8  to the director of the budget differs from the request submitted by  the
     9  commission  to  the canal corporation, then the request submitted by the
    10  canal corporation to the  director  of  the  budget  shall  specify  the
    11  differences and shall set forth the reasons for such differences.]
    12    §  17.  Construction. This act, being necessary for the welfare of the
    13  state and its inhabitants, shall be liberally  construed  to  effectuate
    14  its purposes.
    15    § 18. This act shall take effect immediately.

    16                                   PART WW

    17    Section  1.  Expenditures  of moneys appropriated to the department of
    18  agriculture and markets from the special revenue funds-other/state oper-
    19  ations, miscellaneous special revenue fund-339, public  service  account
    20  shall  be subject to the provisions of this section. Notwithstanding any
    21  other provision of law to the contrary,  direct  and  indirect  expenses
    22  relating  to the department of agriculture and markets' participation in
    23  general ratemaking proceedings pursuant to  section  65  of  the  public
    24  service  law or certification proceedings pursuant to article 7 or 10 of
    25  the public service law, shall be deemed expenses of  the  department  of
    26  public  service within the meaning of section 18-a of the public service
    27  law. No later than August 15, annually, the commissioner of the  depart-
    28  ment  of  agriculture  and  markets  shall  submit an accounting of such
    29  expenses, including, but not limited to, expenses  in  the  prior  state
    30  fiscal  year for personal and non-personal services and fringe benefits,
    31  to the chair of the public service commission  for  the  chair's  review
    32  pursuant to the provisions of section 18-a of the public service law.
    33    §  2.  Expenditures  of moneys appropriated to the department of state
    34  from the special  revenue  funds-other/state  operations,  miscellaneous
    35  special revenue fund-339, public service account shall be subject to the
    36  provisions  of this section.  Notwithstanding any other provision of law
    37  to the contrary, direct and indirect expenses relating to the activities
    38  of the department of  state's  utility  intervention  unit  pursuant  to
    39  subdivision  4  of section 94-a of the executive law, including, but not
    40  limited to participation in general ratemaking proceedings  pursuant  to
    41  section 65 of the public service law or certification proceedings pursu-
    42  ant  to  article 7 or 10 of the public service law, and expenses related
    43  to the activities of the  major  renewable  energy  development  program
    44  established  by  section  94-c  of  the  executive  law, shall be deemed
    45  expenses of the department of  public  service  within  the  meaning  of
    46  section  18-a of the public service law.  No later than August 15, annu-
    47  ally, the  secretary  of  state  shall  submit  an  accounting  of  such
    48  expenses,  including,  but  not  limited to, expenses in the prior state
    49  fiscal year for personal and non-personal services and fringe  benefits,
    50  to  the  chair  of  the public service commission for the chair's review
    51  pursuant to the provisions of section 18-a of the public service law.
    52    § 3. Expenditures of moneys  appropriated  to  the  office  of  parks,
    53  recreation  and  historic  preservation  from the special revenue funds-
    54  other/state operations, miscellaneous special revenue  fund-339,  public

        S. 2508--A                         153                        A. 3008--A

     1  service  account  shall  be  subject  to the provisions of this section.
     2  Notwithstanding any other provision of law to the contrary,  direct  and
     3  indirect  expenses  relating  to  the  office  of  parks, recreation and
     4  historic  preservation's participation in general ratemaking proceedings
     5  pursuant to section 65  of  the  public  service  law  or  certification
     6  proceedings pursuant to article 7 or 10 of the public service law, shall
     7  be  deemed expenses of the department of public service within the mean-
     8  ing of section 18-a of the public service law. No later than August  15,
     9  annually,  the  commissioner  of  the  office  of  parks, recreation and
    10  historic preservation shall  submit  an  accounting  of  such  expenses,
    11  including,  but  not limited to, expenses in the prior state fiscal year
    12  for personal and non-personal services and fringe benefits, to the chair
    13  of the public service commission for the chair's review pursuant to  the
    14  provisions of section 18-a of the public service law.
    15    § 4. Expenditures of moneys appropriated to the department of environ-
    16  mental  conservation  from  the  special revenue funds-other/state oper-
    17  ations, environmental conservation  special  revenue  fund-301,  utility
    18  environmental  regulation  account shall be subject to the provisions of
    19  this section. Notwithstanding any other provision of law to the  contra-
    20  ry,  direct and indirect expenses relating to the department of environ-
    21  mental conservation's participation in state energy policy  proceedings,
    22  or  certification  proceedings pursuant to article 7 or 10 of the public
    23  service law, shall be  deemed  expenses  of  the  department  of  public
    24  service within the meaning of section 18-a of the public service law. No
    25  later  than  August  15, annually, the commissioner of the department of
    26  environmental conservation shall submit an accounting of such  expenses,
    27  including,  but  not limited to, expenses in the prior state fiscal year
    28  for personal and non-personal services and fringe benefits, to the chair
    29  of the public service commission for the chair's review pursuant to  the
    30  provisions of section 18-a of the public service law.
    31    §  5. Notwithstanding any other law, rule or regulation to the contra-
    32  ry, expenses of  the  department  of  health  public  service  education
    33  program  incurred  pursuant  to appropriations from the cable television
    34  account of the state miscellaneous special revenue funds shall be deemed
    35  expenses of the department of public service. No later than  August  15,
    36  annually,  the  commissioner of the department of health shall submit an
    37  accounting of expenses in the prior state fiscal year to  the  chair  of
    38  the  public  service  commission  for the chair's review pursuant to the
    39  provisions of section 217 of the public service law.
    40    § 6. Any expense deemed to be expenses of  the  department  of  public
    41  service  pursuant  to sections one through four of this act shall not be
    42  recovered through assessments imposed  upon  telephone  corporations  as
    43  defined in subdivision 17 of section 2 of the public service law.
    44    §  7.  This  act  shall take effect immediately and shall be deemed to
    45  have been in full force and effect on and after April 1, 2021.
    46    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    47  sion, section or part of this act shall be  adjudged  by  any  court  of
    48  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    49  impair, or invalidate the remainder thereof, but shall  be  confined  in
    50  its  operation  to the clause, sentence, paragraph, subdivision, section
    51  or part thereof directly involved in the controversy in which such judg-
    52  ment shall have been rendered. It is hereby declared to be the intent of
    53  the legislature that this act would  have  been  enacted  even  if  such
    54  invalid provisions had not been included herein.

        S. 2508--A                         154                        A. 3008--A

     1    §  3.  This  act shall take effect immediately provided, however, that
     2  the applicable effective date of Parts A through WW of this act shall be
     3  as specifically set forth in the last section of such Parts.
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