NY State Senate Bill 2021-S9024

Senate Bill S9024

2021-2022 Legislative Session

Relates to limits on the number of commercial licenses for food fish, lobster, crab, and whelk, and temporary authorization to undertake licensed activities on the licensee's behalf

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2022	referred to environmental conservation

2021-S9024 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0328, En Con L

2021-S9024 (ACTIVE) - Summary

Relates to limits on the number of commercial licenses that may be issued by the department of environmental conservation for food fish, lobster, crab, and whelk, and the process for issuing such licenses to applicants; provides for temporary authorization to undertake licensed activities on the licensee's behalf.

2021-S9024 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9024

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
limits on the number of commercial licenses that may be issued by the
department of environmental conservation for food fish, lobster, crab,
and whelk, and the process for issuing such licenses to applicants, and
provides for temporary authorization to undertake licensed activities on
the licensee's behalf

 
PURPOSE OF THE BILL:

The purpose of this bill is to extend the Department's authority to
issue limited entry commercial fishing licenses and permits and to
implement recommendations made in the New York Marine Fisheries Licens-
ing Review, a draft report prepared by George Lapointe ("George Lapointe
report"). The bill creates a preference for previously unsuccessful
license applicants to enhance their opportunity to receive a limited
entry commercial license, and it adds a new section that will allow a
licensee or permittee to authorize another person to temporarily under-
take licensed/permitted activity on the licensee's behalf in the event

of an emergency. Both of these concepts were among the recommendations
contained in the draft George Lapointe report.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0328 authorizing the Department to: 1) through December 31, 2023,
maintain a yearly cap on the number of commercial food fish, crab, whelk
(conch), and Marine and Coastal District Party and Charter Boat licenses
or permits that may be issued; 2) through December 31, 2023, maintain
the current moratorium on new lobster permits; 3) through December 31,
2023, maintain current license eligibility requirements; and, 4) modify
the manner of issuance for limited entry commercial licenses to author-
ize the Department to randomly select new license recipients and to
provide a preference for those who have unsuccessfully applied in past
years.

Section 2 of the proposed bill adds a new section to ECL § 13-0328
authorizing the Department to implement a temporary authorization
program for limited entry commercial fishing licenses. Subject to
approval by the Department, a limited entry commercial fishing licensee
may, during a temporary emergency, issue a written authorization allow-
ing a person to exercise the licensed fishing privileges.

 
JUSTIFICATION:

ECL § 13-0328 establishes, through December 31, 2022, cap and eligibil-
ity requirements for commercial food fish and whelk licenses, commercial
crab permits, marine and coastal district party and charter boat
licenses and a moratorium on new commercial lobster permits. ECL §
13-0328 also establishes that limited entry commercial licenses will be
issued based on the order in which applications for these licenses are
received. ECL § 13-0328 does not contain any provision authorizing the
Department to grant temporary authorizations on limited entry commercial
permits.

 
PRIOR LEGISLATIVE HISOTRY:

ECL § 13-0328 was last amended to extend and modify its provisions in
Chapter 58 of the Laws of 2020. Currently, S 6532-A/A7547-A proposes to
amend and extend ECL § 13-0328 until December 31, 2022.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022.

2021-S9024 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9024
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 Introduced  by Sen. HINCHEY -- (at request of the Department of Environ-
   mental Conservation) -- read  twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   limits on the number of commercial licenses that may be issued by  the
   department of environmental conservation for food fish, lobster, crab,
   and  whelk,  and  the process for issuing such licenses to applicants,
   and provides for temporary authorization to undertake licensed  activ-
   ities on the licensee's behalf
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3, 4 and 5 of  section  13-0328  of  the
 environmental conservation law, as amended by chapter 656 of the laws of
 2021, are amended to read as follows:
   1.  Commercial  food  fish  licenses.  Commercial  food  fish licenses
 provided for by section  13-0335  of  this  title  shall  be  issued  as
 follows:
   a.  for  the  period  beginning  January  first, two thousand eighteen
 through December thirty-first, two  thousand  [twenty-two]  TWENTY-FOUR,
 the  number  of resident commercial food fish licenses and the number of
 non-resident commercial food fish licenses shall not exceed the  follow-
 ing annual limits:
   (i) for two thousand eighteen, the number of licenses shall be limited
 to  the  number of licenses issued in two thousand seventeen, plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and nine hundred sixty-nine;
   (ii) for two thousand nineteen, the number of licenses shall be limit-
 ed  to  the  number  of licenses established in subparagraph (i) of this
 paragraph;
   (iii) for two thousand twenty, the number of licenses shall be limited
 to the number of licenses established in subparagraph (i) of this  para-
 graph;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14131-01-2
 S. 9024                             2

 
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; [and]
   (v)  for  two  thousand  twenty-two,  the  number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph;
   (VI)  FOR  TWO  THOUSAND TWENTY-THREE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH; AND
   (VII)  FOR  TWO  THOUSAND TWENTY-FOUR, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b.  for  the period beginning January first, two thousand [twenty-one]
 TWENTY-TWO through  December  thirty-first,  two  thousand  [twenty-two]
 TWENTY-FOUR,  persons  who were issued a commercial food fish license in
 the previous year shall be eligible to be issued such license.
   c. for the period beginning January first, two  thousand  [twenty-one]
 TWENTY-TWO  through  December  thirty-first,  two  thousand [twenty-two]
 TWENTY-FOUR, the department shall issue commercial food fish licenses to
 persons who were not issued such license in the previous  year  provided
 that  the  total number of such licenses issued to such persons does not
 exceed the difference between the  number  of  licenses  established  in
 paragraph  a  of this subdivision and the number of such licenses issued
 pursuant to paragraph b of this subdivision, subject to the following:
   (i) [licenses shall be issued in the order in which  the  applications
 were  received,  except that where multiple applications are received by
 the department on the same day,] WHERE THE TOTAL  NUMBER  OF  COMMERCIAL
 FOOD  FISH  LICENSE  APPLICATIONS  FROM PERSONS WHO WERE NOT ISSUED SUCH
 LICENSE IN THE PREVIOUS YEAR EXCEEDS THE NUMBER  OF  LICENSES  THAT  ARE
 AVAILABLE, THE DEPARTMENT SHALL RANDOMLY SELECT RECIPIENTS OF THE AVAIL-
 ABLE  LICENSES FROM AMONG THOSE APPLICATIONS RECEIVED BY THE FIRST BUSI-
 NESS DAY OF THE APPLICABLE LICENSE YEAR, PROVIDED  HOWEVER  THAT  APPLI-
 CANTS  SHALL  RECEIVE  ONE  EXTRA ENTRY FOR EACH PREVIOUS YEAR THAT THEY
 APPLIED FOR SUCH LICENSE AND WERE NOT SELECTED, AND applicants for  whom
 the  department  has  received  notice  of  successful  completion of an
 apprenticeship pursuant to subdivision seven of this section  shall  [be
 considered  by  the  department  prior  to other applicants] RECEIVE ONE
 EXTRA ENTRY, AND PROVIDED FURTHER THAT THE DEPARTMENT IS  AUTHORIZED  TO
 ADOPT  REGULATIONS  TO  AMEND  OR  SUPPLEMENT  THIS  PROCESS FOR ISSUING
 COMMERCIAL FOOD FISH LICENSES;
   (ii) licenses may be issued to individuals only;
   (iii) licenses shall be issued to applicants who are sixteen years  of
 age or older at the time of the application; and
   (iv)  licenses  shall  be  issued only to persons who demonstrate in a
 manner acceptable to the department that they received an average of  at
 least  fifteen  thousand  dollars of income over three consecutive years
 from commercial fishing or  fishing,  or  who  successfully  complete  a
 commercial  food  fish  apprenticeship  pursuant to subdivision seven of
 this section. As used in this subparagraph, "commercial  fishing"  means
 the taking and sale of marine resources including fish, shellfish, crus-
 tacea  or  other marine biota and "fishing" means commercial fishing and
 carrying fishing passengers for hire. Individuals who  wish  to  qualify
 based  on  income  from  "fishing"  must hold a valid marine and coastal
 district party and charter boat license. No more than ten percent of the
 licenses issued each year based on income eligibility pursuant  to  this
 paragraph  shall  be  issued to applicants who qualify based solely upon
 S. 9024                             3
 
 income derived from operation of or employment by  a  party  or  charter
 boat.  For the income evaluation of this subdivision, the department may
 consider persons who would otherwise be eligible but for  having  served
 in  the  United  States  armed forces on active duty, provided that such
 individual (1) has received an honorable or general  discharge,  or  (2)
 has a qualifying condition, as defined in section three hundred fifty of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (3) is a discharged LGBT  veteran,
 as  defined in section three hundred fifty of the executive law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service, shall not be deemed ineligible.
   2. Commercial lobster permits. Commercial lobster permits provided for
 by section 13-0329 of this title shall be issued as follows:
   for  the  period  beginning  January  first, two thousand [twenty-one]
 TWENTY-TWO, through December  thirty-first,  two  thousand  [twenty-two]
 TWENTY-FOUR, only persons who were issued a commercial lobster permit in
 the previous year shall be eligible to be issued such permit.
   3.  Commercial  crab  permits. Commercial crab permits provided for by
 section 13-0331 of this title shall be issued as follows:
   a. for the period  beginning  January  first,  two  thousand  eighteen
 through  December  thirty-first,  two thousand [twenty-two] TWENTY-FOUR,
 the number of resident commercial crab permits and the number of non-re-
 sident commercial crab permits shall not  exceed  the  following  annual
 limits:
   (i)  for two thousand eighteen, the number of permits shall be limited
 to the number of permits issued in two thousand  seventeen,  plus  fifty
 percent  of  any  difference between the number of permits issued in two
 thousand seventeen and five hundred sixty-three;
   (ii) for two thousand nineteen, the number of permits shall be limited
 to the number of permits established in subparagraph (i) of  this  para-
 graph;
   (iii)  for two thousand twenty, the number of permits shall be limited
 to the number of permits established in subparagraph (i) of  this  para-
 graph;
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; [and]
   (v)  for  two  thousand  twenty-two,  the  number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph;
   (VI)  FOR  TWO  THOUSAND TWENTY-THREE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH; AND
   (VII)  FOR  TWO  THOUSAND TWENTY-FOUR, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b.  for  the period beginning January first, two thousand [twenty-one]
 TWENTY-TWO through  December  thirty-first,  two  thousand  [twenty-two]
 TWENTY-FOUR,  persons  who  were  issued a commercial crab permit in the
 previous year shall be eligible to be issued such permit.
   c. for the period beginning January first, two  thousand  [twenty-one]
 TWENTY-TWO  through  December  thirty-first,  two  thousand [twenty-two]
 TWENTY-FOUR, the department  shall  issue  commercial  crab  permits  to
 persons  who  were  not issued such permit in the previous year provided
 that the total number of such permits issued to such  persons  does  not
 exceed the difference between the number of permits established in para-
 S. 9024                             4
 
 graph a of this subdivision and the number of such permits issued pursu-
 ant to paragraph b of this subdivision, subject to the following:
   (i)  [permits  shall  be issued in the order in which the applications
 were received, except that where multiple applications are  received  by
 the  department  on  the same day,] WHERE THE TOTAL NUMBER OF COMMERCIAL
 CRAB PERMIT APPLICATIONS FROM PERSONS WHO WERE NOT ISSUED SUCH PERMIT IN
 THE PREVIOUS YEAR EXCEEDS THE NUMBER OF PERMITS THAT ARE AVAILABLE,  THE
 DEPARTMENT  SHALL  RANDOMLY  SELECT  RECIPIENTS OF THE AVAILABLE PERMITS
 FROM AMONG THOSE APPLICATIONS RECEIVED BY THE FIRST BUSINESS DAY OF  THE
 APPLICABLE  PERMIT  YEAR, PROVIDED HOWEVER THAT APPLICANTS SHALL RECEIVE
 ONE EXTRA ENTRY FOR EACH PREVIOUS YEAR THAT THEY APPLIED FOR SUCH PERMIT
 AND WERE NOT SELECTED,  AND  applicants  for  whom  the  department  has
 received  notice  of successful completion of an apprenticeship pursuant
 to subdivision seven of this section shall [be considered by the depart-
 ment prior to other applicants] RECEIVE ONE EXTRA  ENTRY,  AND  PROVIDED
 FURTHER  THAT THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS TO AMEND
 OR SUPPLEMENT THIS PROCESS FOR ISSUING COMMERCIAL CRAB PERMITS;
   (ii) permits may be issued to individuals only;
   (iii) permits shall be issued to applicants who are sixteen  years  of
 age or older at the time of the application; and
   (iv)  permits  shall  be  issued  only to persons who demonstrate in a
 manner acceptable to the department that they received an average of  at
 least  fifteen  thousand  dollars of income over three consecutive years
 from commercial fishing or fishing,  or  who  successfully  complete  an
 apprenticeship pursuant to subdivision seven of this section. As used in
 this  subparagraph,  "commercial  fishing"  means the taking and sale of
 marine resources including fish, shellfish, crustacea  or  other  marine
 biota  and  "fishing"  means  commercial  fishing  and  carrying fishing
 passengers for hire. Individuals who wish to  qualify  based  on  income
 from  "fishing"  must hold a valid marine and coastal district party and
 charter boat license. No more than ten percent  of  the  permits  issued
 each  year  based on income eligibility pursuant to this paragraph shall
 be issued to applicants who qualify based upon income derived from oper-
 ation of or employment by a party or charter boat.
   4. Commercial whelk or  conch  licenses.  Commercial  whelk  or  conch
 licenses  provided  for by section 13-0330 of this title shall be issued
 as follows:
   a. for the period  beginning  January  first,  two  thousand  eighteen
 through  December  thirty-first,  two thousand [twenty-two] TWENTY-FOUR,
 the number of resident commercial whelk or conch licenses and the number
 of non-resident commercial whelk or conch licenses shall not exceed  the
 following annual limits:
   (i) for two thousand eighteen, the number of licenses shall be limited
 to  the  number  of licenses issued in two thousand seventeen plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and two hundred fifty-two;
   (ii) for two thousand nineteen, the number of licenses shall be limit-
 ed  to  the  number  of licenses established in subparagraph (i) of this
 paragraph;
   (iii) for two thousand twenty, the number of licenses shall be limited
 to the number of licenses established in subparagraph (i) of this  para-
 graph;
   (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph; [and]
 S. 9024                             5
 
   (v)  for  two  thousand  twenty-two,  the  number of licenses shall be
 limited to the number of licenses established  in  subparagraph  (i)  of
 this paragraph;
   (VI)  FOR  TWO  THOUSAND TWENTY-THREE, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH; AND
   (VII)  FOR  TWO  THOUSAND TWENTY-FOUR, THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b.  for  the period beginning January first, two thousand [twenty-one]
 TWENTY-TWO through  December  thirty-first,  two  thousand  [twenty-two]
 TWENTY-FOUR, persons who were issued a commercial whelk or conch license
 in the previous year shall be eligible to be issued such license.
   c.  for  the period beginning January first, two thousand [twenty-one]
 TWENTY-TWO through  December  thirty-first,  two  thousand  [twenty-two]
 TWENTY-FOUR,  persons  who  were  not issued a commercial whelk or conch
 license in the previous year shall be eligible to be issued such license
 provided that the total number of such licenses issued to  such  persons
 shall  not  exceed  the difference between the number of licenses estab-
 lished in paragraph a  of  this  subdivision  and  the  number  of  such
 licenses  issued pursuant to paragraph b of this subdivision, subject to
 the following:
   (i) [licenses shall be issued in the order in which  the  applications
 were  received,  except that where multiple applications are received by
 the department on the same day,] WHERE THE TOTAL  NUMBER  OF  COMMERCIAL
 WHELK  OR  CONCH  LICENSE  APPLICATIONS FROM PERSONS WHO WERE NOT ISSUED
 SUCH LICENSE IN THE PREVIOUS YEAR EXCEEDS THE NUMBER  OF  LICENSES  THAT
 ARE  AVAILABLE,  THE  DEPARTMENT SHALL RANDOMLY SELECT RECIPIENTS OF THE
 AVAILABLE LICENSES FROM AMONG THOSE APPLICATIONS RECEIVED BY  THE  FIRST
 BUSINESS  DAY  OF  THE  APPLICABLE  LICENSE  YEAR, PROVIDED HOWEVER THAT
 APPLICANTS SHALL RECEIVE ONE EXTRA ENTRY FOR  EACH  PREVIOUS  YEAR  THAT
 THEY  APPLIED FOR SUCH LICENSE AND WERE NOT SELECTED, AND applicants for
 whom the department has received notice of successful completion  of  an
 apprenticeship  pursuant  to subdivision seven of this section shall [be
 considered by the department prior  to  other  applicants]  RECEIVE  ONE
 EXTRA  ENTRY,  AND PROVIDED FURTHER THAT THE DEPARTMENT IS AUTHORIZED TO
 ADOPT REGULATIONS TO  AMEND  OR  SUPPLEMENT  THIS  PROCESS  FOR  ISSUING
 COMMERCIAL WHELK OR CONCH LICENSES;
   (ii) licenses may be issued to individuals only;
   (iii)  licenses shall be issued to applicants who are sixteen years of
 age or older at the time of the application; and
   (iv) licenses shall be issued only to persons  who  demonstrate  in  a
 manner  acceptable to the department that they received an average of at
 least fifteen thousand dollars of income over  three  consecutive  years
 from  commercial  fishing  or  fishing,  or who successfully complete an
 apprenticeship pursuant to subdivision seven of this section. As used in
 this subparagraph, "commercial fishing" means the  taking  and  sale  of
 marine  resources  including  fish, shellfish, crustacea or other marine
 biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
 passengers  for  hire.  Individuals  who wish to qualify based on income
 from "fishing" must hold a valid marine and coastal district  party  and
 charter  boat  license.  No more than ten percent of the licenses issued
 each year pursuant to this paragraph shall be issued to  applicants  who
 qualify  based  upon income derived from operation of or employment by a
 party or charter boat.
 S. 9024                             6
 
   5. Marine and coastal district party and charter boat licenses. Marine
 and coastal district party and charter boat  licenses  provided  for  by
 section  13-0336  of  this title shall be issued as follows, except that
 this subdivision shall not apply to the owner or  operator  of  a  party
 boat  or  charter  boat  whose vessel is classified by the United States
 Coast Guard as an Inspected Passenger Vessel and which  is  licensed  to
 carry more than six passengers:
   a.  for  the  years  two  thousand [twenty-one] TWENTY-TWO through two
 thousand [twenty-two] TWENTY-FOUR, the annual number of marine and coas-
 tal district party and charter boat licenses  issued  shall  not  exceed
 five hundred seventeen.
   b.  for  the  years  two  thousand [twenty-one] TWENTY-TWO through two
 thousand [twenty-two] TWENTY-FOUR, persons who were issued a marine  and
 coastal  district  party  and  charter boat license in the previous year
 shall be eligible to be issued such license.
   c. for the years two  thousand  [twenty-one]  TWENTY-TWO  through  two
 thousand [twenty-two] TWENTY-FOUR, the department shall issue marine and
 coastal district party and charter boat licenses to persons who were not
 issued such license in the previous year, provided that the total number
 of  licenses  issued  does not exceed five hundred seventeen, subject to
 the following:
   (i) [licenses shall be issued in the order in which  the  applications
 were  received]  WHERE  THE  TOTAL NUMBER OF MARINE AND COASTAL DISTRICT
 PARTY AND CHARTER BOAT LICENSE APPLICATIONS FROM PERSONS  WHO  WERE  NOT
 ISSUED  SUCH LICENSE IN THE PREVIOUS YEAR EXCEEDS THE NUMBER OF LICENSES
 THAT ARE AVAILABLE, THE DEPARTMENT SHALL RANDOMLY SELECT  RECIPIENTS  OF
 THE  AVAILABLE  LICENSES  FROM  AMONG THOSE APPLICATIONS RECEIVED BY THE
 FIRST BUSINESS DAY OF THE APPLICABLE LICENSE YEAR, PROVIDED HOWEVER THAT
 APPLICANTS SHALL RECEIVE ONE EXTRA ENTRY FOR  EACH  PREVIOUS  YEAR  THAT
 THEY  APPLIED  AND  WERE  NOT  SELECTED,  AND  PROVIDED FURTHER THAT THE
 DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS  TO  AMEND  OR  SUPPLEMENT
 THIS  PROCESS  FOR ISSUING MARINE AND COASTAL DISTRICT PARTY AND CHARTER
 BOAT LICENSES;
   (ii) licenses shall be issued only to persons who hold an  Uninspected
 Passenger Vessel license issued by the United States Coast Guard.
   §  2. Section 13-0328 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   8. TEMPORARY AUTHORIZATION. IN THE EVENT OF A TEMPORARY  EMERGENCY,  A
 LICENSEE  OR PERMITTEE MAY PROVIDE WRITTEN AUTHORIZATION FOR A PERSON TO
 TEMPORARILY UNDERTAKE ANY  LICENSED  ACTIVITIES  ON  THE  LICENSEE'S  OR
 PERMITTEE'S  BEHALF.  SUCH AUTHORIZATION SHALL NOT BE EFFECTIVE UNTIL IT
 HAS BEEN APPROVED BY THE DEPARTMENT. A COPY  OF  SUCH  WRITTEN  AUTHORI-
 ZATION  SHALL  BE  FILED  WITH  THE DEPARTMENT, AND THE DEPARTMENT SHALL
 DETERMINE WHAT CONSTITUTES A TEMPORARY  EMERGENCY  AND  THE  APPROPRIATE
 MAXIMUM  DURATION  OF  A  TEMPORARY  EMERGENCY  FOR THE PURPOSES OF THIS
 SUBDIVISION.   THE DEPARTMENT IS  AUTHORIZED  TO  ADOPT  REGULATIONS  TO
 ESTABLISH REQUIREMENTS FOR THIS PROGRAM.
   §  3. This act shall take effect December 31, 2022; provided, however,
 that if chapter 656 of the laws of 2021 shall not have taken  effect  on
 or before such date then this act shall take effect on the same date and
 in  the  same  manner as such chapter of the laws of 2021, takes effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

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